A Monash University expert is able to comment on wrongful convictions and the important role a Criminal Cases Review Commission could offer if it was set up in Australia.
Associate Professor Mai Sato, Director of Eleos Justice, Monash University Law
Contact: +61 3 9903 4840 or media@monash.edu
Read more of Associate Professor Sato’s work at Monash Lens
The following can be attributable to Associate Professor Sato:
“Appeals processes may fail to identify wrongful convictions: appeals solicitors do not have adequate resources to investigate cases; judges fail to recognise when the system has erred; or at the time of direct appeal forensic science was insufficiently developed to be of probative value.
“Around the world, procedures have been established to review cases which have failed to find relief at the appeal court. Some jurisdictions like Scotland, Norway, North Carolina, and New Zealand have looked to the Criminal Cases Review Commission as a model to emulate, while others prefer to rely on innocence projects that use DNA and other scientific advancements to challenge possible wrongful convictions cases.
“While new genetic evidence has led to the release of Kathleen Folbigg from prison, it would be incorrect to focus only on scientific evidence as the reason for this miscarriage. Ultimately, a biassed misogynistic investigation led to Folbigg's conviction.
“In Australia, Kathleen Folbigg's case is unlikely to be an exception. There are likely to be other wrongful conviction cases that remain unchallenged. Having an organisation such as a Criminal Cases Review Commission would allow unrepresented applicants to start the post-conviction review process.”
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