Criminal Cases Review Commission

• At trial, the prosecution had relied on the statistical improbability of so many of her children dying accidentally.
• However, at the second inquiry, this reasoning was called into question by fresh scientific evidence pointing to possible medical causes of the deaths.
• The Folbigg case is yet another demonstration that Australia needs a Criminal Cases Review Commission (CCRC) – a statutory body working at arm’s length to investigate claims of wrongful conviction.
• Preferably, it would be a single federal body covering all jurisdictions, or failing that, one for each jurisdiction.

Wrongful convictions

• In the last decade, Jason Roberts in Victoria was acquitted in a retrial after serving two decades in prison for the murder of two police officers.
• Scott Austic in WA was acquitted in retrial after serving 12 years for the murder of his partner who was pregnant with his child.
• How common are wrongful convictions?

Systemic solution

• This goal is pursued through principles such as the presumption of innocence and the requirement of proof beyond reasonable doubt.
• They will not necessarily be corrected on appeal, where the defendant is no longer presumed innocent and weight is given to the “finality principle”.
• This means the jury verdict is ordinarily considered final, for the sake of efficiency and to provide the parties and society with closure.
• The systemic risk of wrongful conviction demands a systemic solution.
• And the Sydney Institute of Criminology is currently calling on governments to take steps to establish an Australian CCRC.