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.
Read the complete copy of the grounds and submissions supporting the pardon petition for Kathleen Folbigg
60 Minutes presents the scientific data and opinion that proves there are real medical explanations for the death of Kathleen’s children. Kathleen’s conviction can’t possibly be beyond reasonable doubt.
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.
Offshore detention has been a policy of the Australian government since the Howard years. Mark Basa is currently held on Christmas Island – but how much does offshore detention cost and who profits from it. The Guardian recently published an article about the company that manages the detention centre on Nauru.
Expert evidence plays a key role in the decisions of courts every day across the world. In some cases, experts provide knowledge and information integral to the outcome of the judicial decision. However, experts have not always played a role in legal decision making, and this article traces the history of expert evidence, the problems and solutions developed over the last few hundred years.
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.