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.
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.
Expert evidence is crucial to the outcome in many legal cases before the courts. The law surround the use of experts has been developing for more than 200 years. This article looks at the current law in Australia involving the use of expert opinion evidence.
Fourteen academics from law faculties in universities of NSW have co-signed a letter for the Attorney General, Mr Michael Daley, to immediately release Ms Folbigg from prison pending the further steps that will be taken for her complete exoneration. The…
Kathleen Folbigg wrote a letter to Mr Speakman, declaring her innocence and asking him to change his view and consider the scientific evidence to recommend she be pardoned. Read the complete letter here.
Kathleen Folbigg’s legal team has launched a request for a coronial inquest into the deaths of her children.
An inquest should identify the medical evidence that supports the contention that the children died of natural causes.
In colonial times the emphasis was on controlling convicts, eliminating bushrangers, and expropriating Aboriginal land by force frequently involving murder. These activities paid little, if any, attention to due legal processes or fundamental legal rights.