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.
This is a case from Qld. Dianne Wilson-Struber and Stephen Struber were convicted over ten years ago of murdering Bruce Schuler.
The case was circumstantial and there is a building interest and having the authorities review the evidence because of serious doubts being raised about the evidence and the resulting conviction.
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.
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.
Justice is not a not a simple concept that is only employed by those sitting in judgement on others in courts. Its application can be by any person in authority whose decision impacts positively or negatively on an individual. Judges,…
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 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…