Monday, February 10, 2003

Abolition of 800 year old double jeopardy law a crime

The New South Wales Opposition has described a decision by the State Government to abolish the double jeopardy law as a political stunt.

The 800-year-old rule prevents a person who's acquitted of a criminal charge from ever being re-tried for that offense.

The Premier, Bob Carr, says the emergence of new technology such as DNA testing in crime fighting has made the law obsolete.

[Rubbish, because profiled DNA, especially that DNA forced from prisoners' in custody can be planted at any crime scene. Of course it will be a match if it was taken from the database and matched with live samples 'off' prisoners' held in custody. So how does that diminish the need for double jeopardy law? And subsequent constant 'trial by media'?]

The Shadow Police Minister Andrew Tink says the Opposition has been calling for the removal of double jeopardy for some time, and has accused the Government of trying to gain political mileage from the issue.

[Me too? Just a bunch of political stunts by Lib/Lab! Undermining the integrity of the law and the constitution.]

Tink: "This issue's been raised repeatedly," he said.

"If the Premier got his act together, we could have some legislation through the Parliament and in force now dealing with the double jeopardy issue.

"Instead, it's raised at the 11th hour as a campaign issue and the community's now got to wait probably until the middle of the year for any legislation to come in."

Murder charge first for DNA data bank link, but not the same as solving the murder

Mass DNA testing of prisoners has led to the first NSW case of a person being charged with a previously unsolved murder as a result of a controversial gene-matching data bank. The Herald reported 25 Nov 02 "a DNA saliva swab led to the charging of a former prisoner with the bashing murder of a woman. Police had been unable to find any witnesses or suspects following the murder in Sydney's inner city two years ago. Detectives had admitted they faced a tough job finding the killer."

By Once Bitten 10 Feb 03

THE DOG: Why undermine 800 year old law and our alleged constitution? What about planted DNA? What about the re-trial, time and again by the media, that goes along with it?

Twice shy?

Related Updated 2009:

Military lawyers await probe on DNA tampering
The Army's Criminal Investigation Command said nearly 500 forensic test results from all services dating back 10 years are under review after one of its examiners allegedly faked results. About 119 of those cases pertain to the Navy and Marine Corps.

Corrupt police planting DNA evidence at crime scenes
Others have raised concerns about corrupt police planting DNA evidence at crime scenes.

Expert baffled by Falconio evidence DNA contamination
NT: The director of the Northern Territory's forensic science unit has told a Darwin court he does not know how his DNA contaminated a key piece of evidence in the Peter Falconio murder trial. [lost trial? After all he wasn't found?]

The ABC for good or evil?
He had a suspect that he wanted to find guilty based on the chances of a spouse killing a spouse which were greater in anycase, at least more likely than that of a stranger.

First Grabs To Control Our DNA
A small company in Australia has been subjected to gross denials of rights after DNA database technology was stolen from it's company. This one year saga has spawned them to form a new approach to projects of importance to all people.

Worries over DNA and racial profiling
UK: Black men are four times more likely than White men to be on the national DNA database and there is growing concern about racial profiling in criminal investigations.

Lab's Errors Force Review of 150 Virginia DNA Cases
US: WASHINGTON, - A sharply critical independent audit found that Virginia's nationally recognized central crime laboratory had botched DNA tests in a leading capital murder case. The findings prompted Gov. Mark Warner to order a review of the lab's handling of testing in 150 other cases as well.

Witch-hunt targets scientists
QLD: SCIENTISTS at the John Tonge Centre are being threatened with jail in the wake of a government hunt for the source of leaks highlighting serious problems in the forensic laboratories.

Fresh swipe at DNA labs
Scientist Kris Bentley, whose departure yesterday follows that of forensic biologist Deanna Belzer after concerns about "inaccurate" DNA results and unvalidated equipment, issued a scathing resignation letter leaked to The Courier-Mail.

DNA leads 'CSI' cold-case squad to first arrest?
Frozen case? I don't really know what to say about them until they come up with their case. They say it involves DNA evidence but that's the only stuff we know.

Criminal's DNA filed under relative's name
The New South Wales Opposition is calling for an investigation into claims that police have entered DNA data for serious offenders under incorrect names.

DNA fingerprinting 'no longer foolproof'...
The genetic profiles held by police for criminal investigations are not sophisticated enough to prevent false identifications, according to the father of DNA fingerprinting.

PROFESSOR BARRY BOETTCHER: Now, there should be a law enacted within Queensland so that when cases come up like this they can be brought to attention and if an appropriate authority such as a judge of your Supreme Court considers that it merits further inquiry, an inquiry be ordered.

'Rape' officer clears his name
UK: A former policeman has been cleared of rape after protesting his innocence for 15 years. Judges at the Court of Criminal Appeal in Edinburgh ruled that Brian Kelly, 47, had suffered a miscarriage of justice over crucial DNA evidence.

New unit investigates unsolved deaths?
A new police unit has been established to investigate more than 360 unsolved deaths in New South Wales, with many of the deaths dating back more than 30 years.

Prisoner's bid for review denied
Prisoner Roger Cheney has lost a Supreme Court action to have a judicial review of his 1993 convictions an 30-year jail sentence. Justice Shaw said he was concerned about the prisoner's claim that DNA evidence held by the police could prove his innocence. Although Cheney had requested the results of the DNA tests, he had been denied access to the forensic analysis.

QLD Prisoners DNA Bid THE curious case of Queensland's "cat lady" murder is set to test the state's legal authorities again, with the man convicted of the killing asking the Attorney-General to take the unprecedented step of releasing blood samples for DNA retesting.

Database clears up crimes?
NSW Police Minister John Watkins said at the launch of a Sydney conference of international forensic experts meeting to mark 100 years of fingerprinting in NSW. He said the collection of DNA from prisoners and suspects in NSW during the past two years had led to more than 5,400 matches on the forensic database.

A Question of Innocence
Katrina Bolton: The promise of DNA freeing the innocent as well as convicting the guilty has been repeated by politicians across Australia, usually while DNA laws are being expanded. The promise was made as a national DNA database, ‘Crimtrac’ was created, and it was made as NSW introduced legislation giving unprecedented powers to take DNA samples from prisoners, by force if necessary.

Weak Carr Government suspends Innocence Panel
It's a callous disregard for justice! The panel takes applications from convicted prisoners for DNA evidence to be analysed a move that may help in a future court appeal.

JUST BEAT IT! Govt lauds crime-solving technology?
The New South Wales Government says advances in crime solving technology are helping the progress of hundreds of police investigations.

DNA testing causes debate in murder case
The use of voluntary DNA testing in the investigation of a murder case in New South Wales has been applauded by victim support groups who are ill informed about the process said Justice Action's spokesperson Gregory Kable.

Abolition of double jeopardy law a political stunt: NSW Opp
Why draconian laws? What about the re-trial by media that goes along with it? Twice shy?

The NSW government has finally appointed somebody (Justice John Nader) to head up its Innocence Panel and has produced leaflets and forms for people convicted of serious crimes (eg murder) to apply for DNA testing if they believe it may help prove their innocence. You can get the info by phoning 1300 881 717 or writing to the panel at GPO Box 45 Sydney NSW 2001.

Is the Westminster System flawed?
Most people would say Lady Di got the boot and NSW has so much trouble getting the Innocence Panel moving. I said hey, what's going on!

Murder charge first for DNA data bank link, but not the same as solving the murder Mass DNA testing of prisoners has led to the first NSW case of a person being charged with a previously unsolved murder as a result of a controversial gene-matching data bank. The Herald reported 25 Nov 02 "a DNA saliva swab led to the charging of a former prisoner with the bashing murder of a woman. Police had been unable to find any witnesses or suspects following the murder in Sydney's inner city two years ago. Detectives had admitted they faced a tough job finding the killer."

Prisoners can prove innocence for $20
Les Kennedy Daily Telegraph reported today that" Prisoners who believe that DNA will prove they were wrongly convicted will have the chance to prove their innocence for a mere $20 administration fee. The move comes 20 months after NSW inmates were asked to provide DNA for comparison with a databank of DNA from unsolved crime scenes for possible convictions.

DNA yours or mine?
Now they have isolated two genes that they say tells you if you're more likely to be depressed. What does that mean? It could mean that you should stay in jail because you are more likely than not to continue your offending behaviour according to a Department of Corrective Services Forensic Psychiatrist.

DNA = Do Not Assume - DNA Controversies!
The national DNA database of all known offenders proposed by Prime Minister Tony Blair could mean that innocent people will be accused of crimes they did not commit.

DNA Evidence of Bipartisanship
Last week the U.S. Congress passed the Justice for All Act, which includes provisions of the Innocence Protection Act. As of this posting, the legislation has not yet been signed by President Bush. Attached is an analysis of the legislation prepared by the Justice Project.

Murder charge first for DNA data bank link, but not the same as solving the murder As long as the the prisoners DNA wasn't planted at the crime scene. It is one thing to force prisoners to hand over their DNA and another thing to exploit it.

Police Corruption Links:

The reckoning of a police whistleblower
A decade after crooked cop Trevor Haken rolled over at the Wood Royal Commission into police corruption, he remains in fear of his life and says he has been left out in the cold by authorities, having reached his used-by date.

Australia: Copwatch - pornographic emails
Copwatch -sexually explicit emails in Western Australia - Victoria cops ask for freedom to target Muslims - Former ASIO head says Victorian corruption now worse than ever - Coppers out of control in driving pursuits in NSW - Drink-driving copper 5 times over the limit in Tasmania - Fans of Ned Kelly fire 40 shots into a memorial plaque at Stringybark Creek.

Police drivers sneer at the rules
NSW police involved in high-speed car pursuits have lied, ignored commands to stop and switched radio frequencies to dodge official supervision while taking part in chases, internal service documents reveal.

Australia: Cops on Drugs
An illicit drug culture exists within the ranks of the NSW Police Service with young cops found to be taking speed, cocaine and ecstasy.

Victorian cops the most corrupt in Australia
A weekly round up of news on the cops. Former Australian Crime Commission Chair says Victorian cops are the most corrupt in Australia -- so they are given extra powers -- and so Melburnians can be patrolled by the army -- and have business deals with McDonalds. Top cops in NSW cleared after investigation -- but another one charged with child slavery. Western Australian police officer leaves the force under secrecy -- and Canberra hospital nurse tells the Federal Police to bugger off.

Cop Watch - The threat of privatised state power
Cop Watch will stay silent on proposed anti-terrorist laws and the arrest of peace activist Scott Parkin as so many others are writing about it, but a moment needs to be spent on private security guards - the private army of the state.

Cop Watch - Tweed Heads Terrorism brings town to standstill
Another terror attack in Australia brings Tweeds Heads (NSW) to a standstill - police brake speed limit to get footy player to footy match - woman ends up dead because of police failure, according to coroner - corrupt corruption commissioner might end up in prison - 14 year old girl gets locked up by police unlawfully - ex-copper gets massive $650,000 pay-out.

A copper's lot may not be happy, but it is certainly well paid
NSW Police to set up full time riot squad following Forbes protests - no one wants to be Commissioner of Police in NSW - no one wants to be a copper in SA - another copper rapes a juvenile - more secrecy bungles in Victoria - more drugs for the cops on duty - Justice Wood (former Commissioner into Police Corruption) says little has changed in 10 years - cops on corruption charges get stressed out and get compo.

Cop Watch: When permanent head injuries ruled to be reasonable force Former copper kidnaps and rapes 10 year old (allegedly) - Commission rules that police violence that leads to serious and permanent head injuries is 'reasonable' - more police lies on the de Menezes killing in London by terrorist police officers - NSW Police Association criticise A30 Opera House cost of policing - Victorian Police stuff up traffic tickets (again).

Cop Watch: No. 4 Terrorism in Ballarat
Terrorism in Ballarat - former Sydney copper sues the police after becoming drug addict - Victorian Police unlawfully releases 'up to 20,000 pages' of confidential files.

Australia: Cop Watch No. 3
This round-up includes: disgraced officers may get reinstated with back pay - more confidential information gets released into the public domain by police - body searching at the Sydney Opera House - and Irish police pissed off over WA police poaching campaign in Ireland.

Australia: Copwatch No.2
A review of what the boys and girls in blue have been up to shows that their respective juices have been stimulated by their ability to demand greater and greater police powers.

Australia: Cop Watch
The roundup this week - dodgy riot gear, shooting French photographers, senior coppers being 4 times over the legal limit, dodgy promotions in NSW, more terrorism powers in WA and drug-dealing coppers in Melbourne (it is alleged).

Assaulted, intimidated or harassed in custody?
"Then make an Apprehended Violence Order application against the police, says assault victim Ms Teresa Kiernan.

NSW Police Force: 2 dead, $1 million dollars to catch a thief?
NSW police have expressed concern about their response to the Macquarie Fields riots in south-western Sydney after a police pursuit that killed two young youths Dylan Rayward 17, and Mathew Robertson, 19 that went horribly wrong.

On Sunday 13th February, a Community gathering will be held to enable all people to remember the death of one of our young Community members, 'TJ' Hickey.

Vic police chief moves to sack officers
The Chief Commissioner of Victoria Police, Christine Nixon, has moved to dismiss two police officers as part of a crackdown on corruption and says up to 20 more dismissals could follow.

Vic flop cop warns there's more corruption
Victorian Police Chief Commissioner, Christine Nixon, says Victorians should brace themselves for more evidence of police corruption.

Vic police corruption report tabled in Parliament
The Victorian Ombudsman's report on the Ceja Taskforce and drug related corruption in Victoria police has been tabled in State Parliament.

Bent police compromise Bulldogs gang-rape case
Deputy Commissioner Dave Madden could have compromised gang-rape investigation? Steve Mortimer resigned!

More NSW Police Corruption?
Line of fire? [Bullshit! Line of Lick Arse Noble Cause NSW Corrupt Cops] (clockwise from top left) Deputy Commissioner Dave Madden, Assistant Commissioner Peter Parsons, Superintendent Dave Swilkes, Assistant Commissioner Bob Waites and Superintendent Dave Owens.

NSW Cop suspect in murder?
A sacked Sydney police officer has finished giving testimony at a hearing into his corrupt activities over the past eight years. Christopher John Laycock was yesterday recalled to the witness stand at the Police Integrity Commission (PIC).

Corrupt NSW police officer sacked
New South Wales Police Commissioner Ken Moroney has sacked an officer who confessed to being involved in corrupt activities over the past eight years.

Policeman draws blank on fake raids
A suspended Sydney policeman has told an inquiry that he has "little recollection" of the details of fake police raids he set up.

Officer planned to kidnap criminals
A senior Sydney police officer who has admitted taking money for tipping off a child porn suspect had also been planning to kidnap criminals and extort money from them, the Police Integrity Commission heard yesterday.

Police offer protection to family following gang rape allegations
The parents of a 14-year-old girl claim their daughter was gang-raped in Sydney earlier this year, and have raised concerns about corrupt policeman Detective Sergeant Christopher Laycock's review of the case.

NSW police prosecutor charged with child porn possession
A New South Wales police prosecutor has been charged with the possession of child pornography.

Police, teachers charged in child porn bust
One-hundred-and-fifty people, including police officers and teachers, have been arrested in what the Federal Police (AFP) describe as Australia's biggest Internet child pornography bust.

A corrupt way to treat the community?
I seen the police bleeding on Nine's Sunday program arguing that promotion should depend on how many crimes police have solved and not how many brains they have and that was coming from police commissioner Ken Moroney and Police Minister John Watkins?

Judges Blood Sample: After the fact of the fact of a hangover?
Lawyers say New South Wales Supreme Court judge Jeff Shaw should not give police his own sample of blood taken after he crashed his car near his Sydney home last month.

NSW police drug amnesty under review
A drug amnesty for the New South Wales police force is under review, Police Commissioner Ken Moroney has said.

Police to uphold law not decide mental health
A diagnosis of mental illness could be made over the phone instead of in person, and involuntary psychiatric patients could lose the right to have their case reviewed by a magistrate, under proposed changes to NSW mental health laws.

Redfern police need education not weapons
According to the description of one senior police officer, the ACLO called out on the afternoon before the Redfern violence escalated was "hopeless, intoxicated and had no driver's licence."

Bulldogs simply not the best!

Clive Small, NSW Inspector Gadget
NSW Police has revived controversial plans for a specialist discriminative squad to tackle the wave of violent crime that has plagued Sydney's south-west for more than a decade.

Who is bad?
Super Rat? M5? M11? K8? N2? So I trust that some people who, with the photos and guns guessed that a jury would quickly establish a case against a profiled person whom, you just had a picture and a history of. Common knowledge? The government knew their victims would take the blame. Not just chess in court, 'moving around the pieces', but 'putting false evidence, or not enough evidence before the jury."

2,500, crooked detectives? Or a corrupt Government?
The Wood Royal Commission into police corruption. Where did the police learn their trade skills? Led by example perhaps?

How to become corruption resistant in NSW
Don't trust those who cannot prove themselves with the little amounts of trust you give them. Just because they have a letter of perceived trust doesn't mean they can be trusted.

This is not how you eat 'antisocial behaviour'
Process corruption, perjury, planting of evidence, verbals, fabricated confessions, denial of suspects rights, a solicitor to induce confessions, tampering with electronic recording equipment, framing. Generally green lighting crime, and I say Murder, including the kids who overdosed on heroin. No doubt.

Black Knight - Long way to go home
In line with the current climate of police corruption and the demise of the reform unit set up by Wood, these facts ought to have been a good reason to leave Moroney out of the package as Commissioner.

Bob down and sniff my arse
These are serious invasions of privacy and draconian laws? Where are our democratic soldiers, the lawyers and the barristers who need to take on the government in the courts? Are they plastic? Or to busy feathering their nests? Or have they been cleverly purchased by this black government. Drug test police and politicians, and have the tests independently accessed.

Come in spinner? Or Come in sinner?
"You don't have, in my view very vigilant processes. I suppose it's akin to the problem of corruption within the police," he told the ABC radio. " People say there's corruption with the police (but) do you get the police to investigate problems within their own ranks?

I am disturbed by Governments 'actions' in relation to shuffling the police service. Clive Small seconded into Parliament like a cocky in a perch. A breach of the fundamental Separation of Powers Doctrine does not in my view allow the thought of intervening, planning, or shuffling to stack the deck of our police service. The one that suppose to be autonomous according to Lord Denning. Where the Parliamentary Secretary can ask the commissioner of police to 'report' then sack him if he is not satisfied with such report.

Prison Mind Games-Do they exist?
Directives are given inside the prison system that are not consistent with the law in NSW. And not in the good interests of the health and well being of the prisoners.

Who is telling the truth? Well I guess Dr. Ed. Chadbourne or Mr. Peter Ryan may have the answer to that. Dr. Chadbourne sacked by Peter Ryan and more specifically in my view because he elected deputy commissioners Dave Madden and Andrew Scipione as the best men in the service in relation to his qualifications to make a recommendation in his capacity as human resources.That is if you believe that a Dr. can be corrupted.

What is happening between the Police Service and politics is quite extraordinary at the moment. If stand over tactics don't work tell half the truth honestly and follow the example of sheep. Another word for it is sleaze, yeah. Another word for it is workplace harassment. Another word for it is bribing a Police Officer. Another word for it is misleading Parliament.

Tele Tales
Most people I know don't buy the Daily Telegraph. Why? Because of the lies and propaganda purported by them.

Lord Denning
Interesting how a member of the Police Board Mr. Tim Priest would hold grave fears for his safety from dangerous senior police but fails to name them or have them sacked. Rather Priest resigns as if he had no powers. Could that mean what he was saying is that the Governments are also corrupt?

Clive Small is Bob Carr's choice for the new Police Commissioner. It could only be the case considering his, Small's special appointment into Parliament House. Small who suffers from the little person syndrome is the ideal bend over boy who gets shuffled through his corrupt actions. Rolling the legal system for him after the fact, just like his predecessor Roger the dodger Rogerson.

Black Nexus
The Separation of Powers Doctrine is nowcontaminated witharangeofcolours, now leaving us with a black shirt on a once blue bridge that crossed that thin blue line. The 'Amery and Woodham show'.

Same boat
The Premier, Bob Carr, relies on a militia. A gang of bikies and our Police Service, to show all of us he is no murderer. He should be taken to the task along with his partners in crime like Clive Small to account for those people who like my self have been maliciously assaulted and who have complained, without any service and those who cannot speak for themselves who were murdered, like Terry Falconer. Terry murdered in custody.

Good Cop
Why have our democratic institutions broken down? It's not just the criminal justice system. The Anti-Corruption Network exposes the same issues. A group of white-collar workers who say they have suffered as follows:

I refer to the Daily Telegraph article 22 March 2002 under the heading Priest quits advisory job.

Partners in crime - history!
Roger Rogerson, the old hero, who never faced a result in the Warren Lanfranchi, or Sally-Anne Huckstepp murders, was let off in my opinion when the New South Wales Government rolled the legal system (deciding what evidence to give the police prosecutor) to have the jury believe the illusion they (the Government wanted to create).

Police Chronology 1994-2001
View events in the NSW Police Force since the Wood Royal Commission began in 1994. 1994 May Justice James Wood is appointed Commissioner of the Royal Commission into the NSW Police Service ('WRC').