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
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 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.
Internal security has been a focus of governance for as long as civilisation has focused on maintaining power. WWI and WWII brought an explosion of interest in internal security agencies, and along with it, rising costs and reduced legal rights.
On Wednesday, 31 June, Sue Higginson (Greens Party) made a motion in the Legislative Council of the NSW Parliament. The speech demonstrated the courage that our legislators require to do their job and seek genuine justice rather than hiding behind…
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.
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.