A study of 100 death sentences overturned by post-conviction evidence shows:
Over 30 of these involved prosecutorial misconduct.
Over 30 of these involved police misconduct which led to wrongful convictions.
Approximately 15 of these involved false witness testimony.
34% of the 30 cases where police misconduct was involved included the suppression of exculpatory evidence. 11% involved evidence fabrication.
37% of the 30 cases where prosecutorial misconduct was present involved suppression of exculpatory evidence. 25% involved knowing use of false testimony.
Public officials who are responsible for wrongful convictions have often knowingly restricted a citizen’s right to a fair trial, fabricated evidence which has led to a guilty verdict or engaged in severe prosecutorial misconduct. Many career prosecutors have aggressively pursued life sentences or death sentences for innocent individuals, brazenly accusing people of crimes while having full knowledge of the defendant’s likely innocence. Though many public officials remain impartial and have full respect and dignity for the rule of law, statistics show that judicial malfeasance and prosecutorial misconduct continue to be ongoing problems. Just one wrongful conviction is a blight upon the system that must be rectified at any cost. Innocent citizens who have had their rights and freedoms stolen deserve recourse against these malignant strains of injustice. It is clear that that we must put an end to the leniency and blind eye turned to official misconduct in order to put an end to wrongful convictions.
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A recent Supreme Court decision begs the question of what, if anything, prosecutors can be held accountable for.
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“It seems Crown Prosecutor Mark Tedeschi has been involved in his fair share of highly suspicious prosecutions.”
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“Is the Attorney also aware that after eight years the New South Wales Bar Association set aside the 52 complaints by Mr Anderson on procedural grounds, with the result that complaints of professional misconduct against one of the State’s most senior law officers will never be heard? Is the Attorney in receipt of a letter from Mr Anderson claiming that his complaints about Mr Tedeschi were seriously mishandled by the New South Wales Bar Association? Does the Attorney agree that Mr Anderson’s complaints are well founded?”
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“During the trial, I felt persecuted and harassed by Crown prosecutor Mark Tedeschi,” she wrote. “He is a bully boy.”
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“Tim Anderson left the dock in the crowded Court of Criminal Appeal to cheers of jubilation on June 6, after Chief Justice Gleeson acquitted of charges relating to the 1978 Hilton Hotel bombing.
In its unanimous decision, the court said that evidence allegedly implicating Anderson had not been properly investigated. This failure had been compounded by inappropriate and unfair action by the crown prosecutor Mark Tedeschi, QC.”
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“The career of Australia’s highest flying prosecutor is under attack after a scathing judgment from the New South Wales Appeal Court which threw out the murder conviction of Sydney man Gordon Wood over the 1995 death of his girlfriend, model Caroline Byrne. Criminal lawyers have called for a sweeping review of the cases overseen by Crown Prosecutor Mark Tedeschi. He may face a formal complaint over his conduct after the appeal judges found he relied on fiction and dangerous reasoning in the Wood case. Reporter Deborah Cornwall has investigated other cases where the prosecutor has found himself accused.”
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“KEN Bates, the senior prosecutor in the wrongful conviction of Andrew Mallard for murder, has conceded he failed to comply with his duty to disclose that the victim’s injuries did not match a wrench alleged to have been used in the crime. Mr Bates has been fined $10,000 in the State Administrative Tribunal following an allegation brought by the Legal Profession Complaints Committee that he engaged in unsatisfactory professional conduct as a prosecutor on behalf of the crown during the 1995 trial of Mr Mallard. The fine was imposed as part of consent orders, submitted by both sides after mediation.” Mr Mallard spent 12 years in jail until exonerated.
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“Ms Beckett sought to sue the state of NSW for malicious prosecution and false imprisonment.
But until the High Court ruled unanimously in her favour on Wednesday she had been thwarted by a 90-year-old legal precedent that said she first had to prove she was innocent.”
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Wendy Bacon published a story which laid out the conspiracy that led to Roseanne Beckett (formerly Roseanne Catt) spending ten years in prison for crimes she did not commit. The Crown and the NSW DPP continue to sanction that conspiracy.
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