I have made it abundantly plain in my 474 review application to the Supreme Court that the issues are a continuation of the effort which I have mounted since my conviction on 27 July 1996.The 474D adequately lists my issue.
What I am trying to express is that the appeal process has never properly considered my appeal issue, I had before the court of Criminal appeal (The CCA), argued that a number of procedural faults had occurred in my trial that caused a substantial miscarriage of justice. In short the trial judge erred in law when he directed the jury to act upon evidence that had not been established by the crown.
There is repeated authority on that issue: That the crown is obliged to establish the circumstances he relies upon as proof of guilt and to establish that proof to beyond a reasonable doubt.
The CCA instead of addressing the substance of my argument covered up the miscarriage of justice that occurred in my trial.
The CCA instead of addressing the legitimacy of the trial judges decision "in directing the jury to act upon evidence not established by the Crown." (which was the appeal ground I raised).
The CCA evaded the real issue I put before them by introducing factors that were only marginally connected with the appeal issue and the CCA harped on that issue rather than the real point I raised. Actually I am surprised that no one in the legal profession takes any exception to the ground of appeal I raised. I have repeatedly told legal professionals what occurred and I cannot elicit any comment.
Most people appear to think once I got arrested-charged with Belanglo that alone meant I was guilty. The producer of the ABC program 'Australian Story' was awarded a logie for that particular story.
They contacted my friend before hand and he watched the show. They told me that award night the producer said on air, "There is still time Ivan to come clean about it ". Well actually I already had, before the program was aired-during its production.
I wrote a number of letters outlining my case and answers to the questions and in particular I outlined my appeal grounds and the cover up by the CCA and following that the subsequent cover up by the High Court.
In all the appeals I have made to the CCA and to the High Court on the issue I now still continue to pursue, the appeal courts do not refer to authority to address my ground.
The CCA at the hearing and in their judgement come up with a number of reasons to explain why the two crown witnesses Mr Onions ad Mrs Berry were mistaken about seeing the spare wheel.
The CCA came up with approximately six pages of reasons why the witness, Mr Onions and Mrs Berry must have been mistaken, (non of which was evidence at my trial).
But the CCA did not address my appeal ground, "that two witnesses Mr Onions and Mrs Barry gave their evidence in court on oath, that evidence confirmed in cross examination that the crown closed its case in chief and I replied to that crown case and only later after the close of evidence the crown says that witnesses must be mistaken. The trial Judge in turn, "they can correct me on the basis that the two witnesses were mistaken" or alternatively you can convict the accused on 'Possibility Two'.
The Jury were given two directions in law, on the evidence they could consider was proof of my guilt, The rule of law is that evidence has to be established by the crown. Of course the trial judge can express his opinions on the evidence but it still has to be established by the crown.
The Jury are entitled to accept/reject any part of a witnesses evidence (all those reasons the CCA raised to dismiss my ground - was not evidence the crown adduced in the course of the trial).
I was obliged to address the allegations the crown levelled at me in open court, I did that. The defence did not dispute the evidence of the vehicle given by the witnesses. The crown did, but only parts that did not establish my guilt. But that was not the evidence that the witness gave in court.
The crown did not re open its case in chief on this issue to call evidence, to rebut the evidence. It cannot be a case that the trial judge decides that this is the evidence of guilt yet that is what happened.
The CCA knew exactly what I was on about so Gleeson CJ and his Co Judges covered it up.
My appeal to the High Court was against the CCA decision the High Court ruled, "There is no doubting the correctness of the decision of the CCA".
The issue I raised in the 474D is indicative of my innocence. The issues in the 474 raises serious concerns at law. The appeal courts can deal with appeals from unrepresented prisoners affidavits.
I am having difficulty in getting assistance from the government though; I may add there is still no charges at all on issues I first raised when I came to the HRMU. [High Risk Management Unit Goulburn]
Ed. The Daily Terror should leave IVAN Milat's sister Shirley Soire alone. Deliberately using Mr John Marsden solicitor to validate some wild claim - the notion that she helped hunt and execute seven young backpackers in the Belanglo State Forest south of Sydney between 1989 and 1992, is nonsense!
Shirley died two years ago and was cremated at Sydney's Rookwood crematorium, may she rest in peace, God love her.
By Ivan Milat 19 July 05
Related:
Siblings say Milat innocent
During Milat's trial for the murder of seven backpackers in 1996, his lawyers argued that the crimes could have been committed by one of his brothers in relation to the allegation made by a crown witness Paul Onions who claimed to have identified Ivan.
Death threats made in Milat family feud: Everyone's ABC
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Ivan Milat loses conviction appeal
Ivan Milat today lost an application in the High Court to appeal against his 1996 conviction for murdering seven backpackers. The 59-year-old had sought special leave to appeal the murder convictions and one count of detaining a person for advantage without legal representation, which includes Legal Aid.
MILAT WAS FRAMED FOR TOURISM $$$$$ AND THE WINNER IS? NOT IVAN MILAT! The murders were headlines overseas. The State government's public relations machine swung into action. An unprecedented $500,000 reward was offered for the heads of the perpetrators. (Commonsense says there was more than one assailant). Head of the International Olympic Committee, Juan Samaranch, was questioning whether Australia was a safe place to visit.
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NSW Prisoner Hunger Strike: Ivan Milat
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NSW Prisoner Hunger Strike: Ivan Milat day 28
The messages my body sends to my mind is basically saying there is some serious concern on what I'm doing, one gets a clear impression that death is imminent, particularly being in my sealed up box *my cell* (in ordinary circumstances it's a fine line between normality and abnormality.
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.
Milat Cuff-Linked to nurses missing since 1980
Why did it take them so long to get around to dealing with the 23-year-old case? Did they find a new way to solve crime? Or and easier way to set someone up for unsolved crime?
A TOTAL ABUSE OF POWER
We the prisoners at the High Risk Management Unit at Goulburn Correctional Centre would like to ask you for help in receiving equal treatment and opportunities as other prisoners throughout the system. As we are told that we are not in a segregation unit but we are treated as though we are in one.
'Police Integrity Commission' Why do you lie like that?
A Police Integrity Commission inquiry which took more than a year, heard more than 50 witnesses - many of them senior police - and cost millions of dollars, has recommended that no action be taken against anyone.
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').
Tourist Industry Crime and Trial By Media Coincidences
Douglas Previte set-up for Stuttle murder
Australia: A 32-year-old man has been jailed for life for murdering British backpacker Caroline Stuttle in Bundaberg in south-east Queensland on alleged evidence possibly trumped up while he was in prison?
Day set aside for Falconio forensic evidence
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Mr Bradley Murdoch to go on trial next year!
The alleged man is not the alleged Falconio killer in my book. He's alleged to have committed a crime but the Faloconio mystery remains a secret to be unlocked by time itself and more interestingly may never be unlocked at all.
Falconio magistrate closes court
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Ch/9 News? Or Ch/9's Department of Public Prosecutions?
Bradley Murdoch committal, lawyer calls for fair hearing
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Peter Beattie nominated as Australian of the year: Howard
Bradley Murdoch the man alleged to have murdered English tourist Peter Falconio who has been acquitted of rape and abduction charges in the South Australian District Court.
Tourist dollar drives set-up for crime
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Supreme Court rejects Nine appeal
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Falconio magistrate closes court
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Innocent until proven guilty? Not in Australia's outback!
There is no way that Bradley John Murdoch can get a fair trial in the Northern Territory. The entire jury pool is already contaminated, the general public have accepted the verdict of the Northern Territory News and the NT Police State has turned on the cone of silence. Maybe some of the reporters might want to ask Director of Public Prosecutions Rex Wilde QC just how he is going to secure a conviction when a body has not been found. Surely the NT bureaucracy learnt from the Lindy Chamberlain case that it is not a good idea to jail someone for murder when you haven't got a body. Maybe they have the same people working on the case. The NT Police forensic team certainly do.
Taken "A Dingo Took My Baby!"
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Man Says He Shot Dingo That Snatched Baby SYDNEY, Australia (July 5) - A distraught mother's scream 24 years ago that a dingo snatched her baby from a camp site near Ayers Rock in the Australian Outback ignited one of Australia's most enduring mysteries. An elderly man's claim that he retrieved the infant's bloodied body from the jaws of the wild dog has revived the case and - if true - could finally lead to the discovery of Azaria Chamberlain's body.
Australia to see the light on tourism
A total of $120 million has been earmarked for the campaign's international marketing, which tops up the Australian Tourist Commission's annual budget of $90 million. The inbound and domestic tourism industry contributes $70 billion to the economy and employs 500,000.
Ten reports $76.9 million profit
The Ten television network has reported a full-year profit of $76.9 million. Even if it were down by half on the previous year they're still greedy self-interested people who care little about the real damage done, not just in Australia but the world. That profit is obviously on top of wages and expenses yet they're still greedy enough to turn the news upside down to suit the Howard government's investment in advertising.
