The following lecture notes relate to a presentation give to ‘the floor’ of the Sir Owen Dixon Chambers by Dr Robert Cavanagh.
The presentation used the case of Kathleen Folbigg as a case example to examine the limitations of the criminal appeal process in Australia as it relates to victims of injustice and to propose an alternative approach – creating a Criminal Case Review Commission.
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.
Mark Basa has been at the Villawood Detention Centre for several years. Without warning and in the middle of the night, he was recently taken from Villawood to Perth where he stayed for a number of weeks. Then, again in the middle of the night and without warning, he was taken in chains to Christmas Island.
A petition was signed on May 26 2015 and delivered to the Governor of NSW asking for the case to be reviewed. The petition is presented below in full.
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
Kathleen Folbigg has been incarcerated for nearly two decades but the scientific evidence suggests that she is not guilty of murder. This podcast will help shed light on why she is not guilty.
The legal rights outlined are particularly important in providing safeguards against abuses by governments and their agents. The fundamental rights, developed over hundreds of years, have been adopted in international treaties. Some of the rights along with the reasons for their existence are detailed to provide an understanding of their importance and fragility.