Table of Contents Pardon and Parole Powers and Procedures in New South Wales This short paper has been prepared because some parliamentarians in New South Wales have indicated they do not understand the law as it relates to the exercise…
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.
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.
Fourteen months after the request for a pardon was presented, the Governor of NSW, the Hon Margaret Beazley, has announced that a second inquiry would be held into the conviction of Kathleen Folbigg. This recommendation was made by the Attorney…
The way in which criminal cases involving potential injustice are dealt with in NSW is flawed and lead to serious problems – Kathleen Folbigg is an example of the systemic failure. An alternative approach is offered in this lecture.
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.
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…
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.
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.
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.