Table of Contents On April 24, 2024, Dr Robert Cavanagh, barrister-at-law, presented a lecture to the bar association entitled: “Prerogative of Mercy, Pardons, and Criminal Law Review Commissions: Why bother changing a system that has been in existence for 100 years?”…
Table of Contents The Tradition of Hate Towards Protesters One of the most striking examples of the attitude of politicians towards those who protest was shown by the corrupt long serving New South Wales Premier, Sir Robert William Askin GCMG,…
Table of Contents McLeod-Lindsay Background Mr Alexander McLeod-Lindsay was born on 24 December 1934 and died on 17 September 2009. He was born in Scotland and migrated to Australia when he was16 years old. He came to Australia under the…
A copy of the Royal Commission Report is available below. You will need to download it and read the pdf file. Royal Commission of Inquiry into Chamberlain Convictions, Report, Commonwealth Parliamentary Papers (1987), volume 15, paper 192
Political prosecutions are commonplace in authoritarian jurisdictions but they seen more in democracies now too. Their existence is a major problem and represent a crime against democracy.
The way in which criminal cases involving potential injustice are dealt with in NSW is flawed and lead to serious problems – Kathleen Folbigg is an example of the systemic failure. An alternative approach is offered in this lecture.
A copy of the request to the NSW State Coroner to open a Coronial inquest into the deaths of Caleb, Patrick, Sarah and Laura Folbigg.
The Australian Academy of Science issues a press release on March 5, 2022. You can see the original here. https://vimeo.com/518533234 “Respect the scientific and medical evidence that provide ample justification for the pardon of Kathleen Folbigg and demonstrate that…
The most important requirement in all criminal trials is that the onus of establishing guilt is to the standard of beyond reasonable doubt. This standard of proof stays immovably with the prosecution throughout a trial. In Kathleen Folbigg’s case an essential element that needed to be proved beyond reasonable doubt was that she intended to kill or cause grievous bodily harm to her children.
The prosecution said that she smothered them, but failed to prove this was the case.
The criminal justice system cannot function to allow fair trials unless those deciding whether an offence has been committed understand that they need to apply the highest standard of proof when considering the evidence presented to them.
This article explores issues beyond reasonable doubt to provide insight for those in the legal profession and members of the public.