Tuesday, July 19, 2005

Miscarriage of Justice: Ivan Milat

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


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
The older brother of Australia's framed serial killer Ivan Milat has allegedly received death threats from his family after saying his sibling has been a psychopath since childhood.

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.

SIX YEARS IN HELL! The Sorry Saga of Ivan Robert Milat
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NSW Prisoner Hunger Strike: Ivan Milat
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NSW Prisoner Hunger Strike: Ivan Milat day 28
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Clive Small, NSW Inspector Gadget
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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.

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Police Chronology 1994-2001
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Tourist Industry Crime and Trial By Media Coincidences

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Falconio magistrate closes court
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Peter Beattie nominated as Australian of the year: Howard
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Tourist dollar drives set-up for crime
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Supreme Court rejects Nine appeal
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Taken "A Dingo Took My Baby!"
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Australia to see the light on tourism
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Ten reports $76.9 million profit
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