Home  |   Douglas Winning refused High Court leave to appeal against corruption conviction

Douglas Winning refused High Court leave to appeal against corruption conviction

Posted on Categories Criminal law, Legal profession Tags , , , , , , Leave a comment on Douglas Winning refused High Court leave to appeal against corruption conviction
The facts

At about 1.00 am on Sunday 17 February 2019, police were patrolling in Rockhampton when they saw a car driving erratically and knocking over a street sign. They pulled the car over and found the driver was local solicitor Douglas “call me Doug” Winning.

A true man of style, Winning was wearing only a pair of shorts. His vehicle had sustained damage on the bonnet and a front tyre. When asked that he had been drinking, Winning nominated the amount as “a bottle of rum”, explaining that he had had a sleep since finishing it. He was slurring his words. He twice said “You’re not going to pinch me”.
Continue reading “Douglas Winning refused High Court leave to appeal against corruption conviction”

Chris Dawson refused High Court leave to appeal for a permanent stay

Posted on Categories Criminal law Tags , , , , , , , , , , 3 Comments on Chris Dawson refused High Court leave to appeal for a permanent stay

Former high school teacher and rugby league player Chris Dawson yesterday was refused leave to appeal against the NSW Court of Appeal’s refusal to grant a permanent stay of his murder charge.

Dawson is accused of having murdered his wife Lynette Dawson 40 years ago. Lynette, 33, disappeared from their Bayview home on Sydney’s northern beaches in January 1982, leaving behind their two young daughters Shanelle and Sherryn, then aged four and two.
Continue reading “Chris Dawson refused High Court leave to appeal for a permanent stay”

Winning Winner Douglas Dinner loses corruption conviction appeal

Posted on Categories Criminal law, Legal profession Tags , , , , , , , , , 4 Comments on Winning Winner Douglas Dinner loses corruption conviction appeal
The facts

At about 1.00 am on Sunday 17 February 2019, police were patrolling in Rockhampton when they saw a car driving erratically and knocking over a street sign. They pulled the car over and found the driver was Douglas “call me Doug” Winning, a local solicitor.

What transpired was recorded on the officer’s body-worn cameras. All class, Winning was wearing only a pair of shorts. His vehicle had sustained damage on the bonnet where the sign had hit and there was damage to a front tyre. When asked that he had been drinking, Winning nominated the amount as “a bottle of rum”, explaining that he had had a sleep since finishing it. He was slurring his words. He twice said “You’re not going to pinch me”.

One of the officers said she was going to administer a roadside breath test. Winning was in the car holding his passport and $300 in cash, made up of six $50 notes. At the conclusion of the roadside breath test, Winning lifted his hands. He put his passport down on the seat beside him, and held up his right hand with the notes in it, saying: “Can’t pay my way out this, can I?”.
Continue reading “Winning Winner Douglas Dinner loses corruption conviction appeal”

George Pell convictions quashed on appeal to High Court

Posted on Categories Criminal law Tags , , , , , , , , , , , 4 Comments on George Pell convictions quashed on appeal to High Court

Today, the High Court has allowed former Cardinal George Pell’s appeal against his convictions.

Pell

THE FACTS

In December 2018, controversial Catholic Church Cardinal George Pell was convicted by a jury of one count of sexual penetration of a child under the age of 16 and four counts of an indecent act with a child under the age of 16 over allegations of abusing choirboys at Melbourne’s St Patrick’s Cathedral in the 1990s. This followed a previous trial that had resulted in a hung jury.
Continue reading “George Pell convictions quashed on appeal to High Court”

No discount for dangerous death-causing drug driver

Posted on Categories Criminal law Tags , , , , , , , , 2 Comments on No discount for dangerous death-causing drug driver

Connie-Lee Rose Williams has been refused leave to appeal against her sentence for one count of dangerous operation of a vehicle, causing death whilst adversely affected by an intoxicating substance and excessively speeding.

safe_image

The facts

On 20 September 2017, Connie-Lee Rose Williams drove a motor vehicle on the Bruce Highway, north of Gin Gin which left the road and impacted at high speed with a culvert, and subsequently a tree. Her husband and her five year old son were both ejected from the vehicle and lost their lives. Neither wore seatbelts.

An investigation of the collision established that the motor vehicle had failed to negotiate a sweeping curve and left the road at a minimum speed of 171 kilometres per hour. Continue reading “No discount for dangerous death-causing drug driver”

Paul Pisasale loses extortion convictions appeal

Posted on Categories Criminal law Tags , , , , , , , , , 5 Comments on Paul Pisasale loses extortion convictions appeal

Former Ipswich Lord Mayor Paul Pisasale and two co-defendants have unsuccessfully appealed their convictions over a bizarre extortion plot.

Paul Pisasale

THE FACTS

Yutian Li, a Chinese woman working as an escort in Australia formed a relationship with the complainant in early 2016. The complainant led her to believe they would marry and enjoy a life together in Australia. Later that year he told her he had a terminal illness and did not want her to go through the resultant suffering of continuing their relationship. When she arrived unannounced in Sydney, intending to look after him, she discovered that he was already married and had a child, he did not have a terminal illness, and he did not wish to marry her. Continue reading “Paul Pisasale loses extortion convictions appeal”

Claimant loses injury case for being out of contact to his solicitors

Posted on Categories civil litigation, Personal Injury Tags , , , , , , 2 Comments on Claimant loses injury case for being out of contact to his solicitors

car accident

The facts

The Claimant Warren Jonathan was injured in a motor vehicle accident on 4 August 2012. He subsequently through his solicitors sent to the CTP insurer RACQ a Notice of Accident Claim form under the Motor Accident Insurance Act 1994. The insurer confirmed that the form was compliant with Motor Accident Insurance Act  requirements and later admitted liability in full for the accident. Continue reading “Claimant loses injury case for being out of contact to his solicitors”

George Pell’s appeal against convictions dismissed

Posted on Categories Criminal law Tags , , , , , , , , , , Leave a comment on George Pell’s appeal against convictions dismissed
Pell
The facts

In December of last year, controversial Catholic Church Cardinal George Pell was convicted of one count of sexual penetration of a child under the age of 16 and four counts of an indecent act with a child under the age of 16 over allegations of abusing choirboys at Melbourne’s St Patrick’s Cathedral in the 1990s. This followed a previous trial that resulted in a hung jury. Continue reading “George Pell’s appeal against convictions dismissed”

Was Cardinal George Pell wrongly convicted?

Posted on Categories Criminal law Tags , , , , , , , , , , , , , , , 3 Comments on Was Cardinal George Pell wrongly convicted?

Pell

The facts

In December of last year, controversial Catholic Church Cardinal George Pell was convicted of one count of sexual penetration of a child under the age of 16 and four counts of an indecent act with a child under the age of 16 over allegations of abusing choirboys at Melbourne’s St Patrick’s Cathedral in the 1990s. This followed a previous trial that resulted in a hung jury.

The complainant said he and another choirboy left the liturgical procession at the end of one Sunday mass and went fossicking in the off-limits sacristy where they started swilling altar wine. Pell allegedly arrived unaccompanied, castigated them, and then, while fully robed in his copious liturgical vestments, proceeded to commit three sexual acts, including oral penetration of the complainant. The complainant said the sacristy door was wide open and altar servers were passing along the corridor. The complainant said he and the other boy then returned to choir practice.

Prior to both trials, Pell had been subject of substantial adverse pre-trial publicity, including a Royal Commission into child sex abuse, a book by Louise Milligan described as a hatchet job and an abusive song by Tim Minchin.

Relevant law

At common law, a person charged with a criminal offence has the right to be presumed innocent until proved guilty according to law (Woolmington v DPP [1935] AC 462; Howe v R (1980) 32 ALR 478). The presumption is not that the accused is not guilty, it is that the accused is innocent (R v Palmer (1992) 64 A Crim R 1).

The presumption of innocence has been enshrined in s25(1) of the Charter of Human Rights and Responsibilities Act 2006 (Vic). The presumption of innocence is only relevant to the accused. It is a misdirection to tell the jury that witnesses are presumed to be innocent (Howe v R (1980) 32 ALR 478).

Section 141(1) of the Evidence Act 2008 (Vic) provides that:

“In a criminal proceeding, the court is not to find the case of the prosecution proved unless it is satisfied that it has been proved beyond reasonable doubt.”

Section 49B of the Crimes Act 2008 (Vic) provides that:

(1)     A person (A) commits an offence if—        

(a)     A intentionally—             

(i)     sexually penetrates another person (B);…

and       

(b)     B is a child under the age of 16 years.   

(2)     A person who commits an offence against subsection (1) is liable to level 4 imprisonment (15 years maximum).

Criticisms of the jury’s decision

Andrew Bolt:

“Here is why I don’t believe this gothic story — or not enough to think this conviction reasonable.

One of the boys, now dead, denied he’d been abused.

The other, whose identity and testimony remain secret, didn’t speak of it for many years.

The attack is meant to have happened straight after Mass, when Pell is known to have traditionally spoken to worshippers leaving Mass.

It allegedly happened in the sacristy, normally a very busy room, where Pell would have known people were almost certain to walk in.

The boys had allegedly slipped away from the procession after Mass to break into the sacristy, but none of the other choristers who gave evidence said they’d noticed them doing so, or noticed them rejoining the choir later.

Pell was normally followed everywhere during and after Mass by the master of ceremonies, Monsignor Charles Portelli, who testified that he escorted the then Archbishop from the moment he arrived at the cathedral, until the moment he left. He declared the assault impossible. Not a single witness from what was a busy cathedral at the time of the alleged abuse noticed a thing during the estimated 10 minutes of this alleged attack.”

Frank Brennan:

“The second boy was once asked by his mother if he had ever been abused by anybody and he said he had not…

Anyone familiar with the conduct of a solemn cathedral mass with full choir would find it most unlikely that a bishop would, without grave reason, leave a recessional procession and retreat to the sacristy unaccompanied.

Witnesses familiar with liturgical vestments were called. They gave compelling evidence it was impossible to produce an erect penis through a seamless alb. An alb is a long robe, worn under a heavier chasuble. It is secured and set in place by a cincture, which is like a tightly drawn belt. An alb cannot be unbuttoned or unzipped, the only openings being small slits on the side to allow access to trouser pockets.

The complainant’s initial claim to police was that Pell had parted his vestments, but an alb cannot be parted; it is like a seamless dress.

Later, the complainant said Pell moved the vestments to the side. An alb secured with a cincture cannot be moved to the side. The police never inspected the vestments during their investigations, nor did the prosecution show that the vestments could be parted or moved to the side as the complainant had alleged. The proposition that the offences charged were committed immediately after mass by a fully robed archbishop in the sacristy with an open door and in full view from the corridor seemed incredible to my mind.

I was very surprised by the verdict. In fact, I was devastated. My only conclusion is the jury must have disregarded many of the criticisms so tellingly made by Richter of the complainant’s evidence…

Pell has been in the public spotlight for a very long time. There are some who would convict him of all manner of things in the court of public opinion, no matter what the evidence. Others would never convict him of anything, holding him in the highest regard. The criminal justice system is intended to withstand these preconceptions. The system is under serious strain, when it comes to Pell.”

Greg Craven:

“The main institutions involved here are the media and the police. The media must report cases fairly, abide by the letter and spirit of the law, and not barrack for either side. The police present evidence impartially, working for justice, not conviction. Media and police never combine to form a pro-conviction cheer squad.

This is where the Pell case has gone terribly wrong. Impartial judge and jury accepted, parts of the media — notably the ABC and former Fairfax journalists — have spent years attempting to ensure Pell is the most odious figure in Australia. They seemed to want him in the dock as an ogre, not a defendant.

Worse, elements of Victoria Police, including Chief Commissioner Graham Ashton, co-operated in this. Ashton’s repeated announcements of impending charges and references to “victims” rather than “alleged victims” were matched only by the coincidences in timing between police pronouncements and favoured media exclusives…

So what we have witnessed is a combined effort by much of the media, including the public broadcaster, and elements of Victoria’s law enforcement agency, to blacken the name of someone before he went to trial…

This is not a story about whether a jury got it right or wrong, or about whether justice is seen to prevail. It’s a story about whether a jury was ever given a fair chance to make a decision, and whether our justice system can be heard above a media mob.”

Paul Kelly:

“There have been two trials of Cardinal George Pell — in the court of justice to decide if he was guilty of sexual abuse of children, and in the court of public opinion over nearly two decades that saw him accused of indifference, deception and ultimately evil compliance in the monumental sins of the Catholic Church.

The tests in these trials are different. The test in the first trial was whether the evidence showed Pell guilty “beyond reasonable doubt” as a sexual predator who abused his authority to brutally exploit two choirboys. There is no test in the second trial — no judge or jury — just the hardening of opinion towards Pell and then his demonisation as the nation’s senior Catholic during the long and climactic revelations of unforgivable sexual abuse within the church.

The law requires these trials to be separate. Indeed, justice ­depends upon it. Yet how realistic is this?…

Pell cannot escape responsibility for the failures of the church but the sustained visceral hostility towards Pell transcends institutional accountability. The vile hatred towards him is worse than displayed towards a serial killer. Veteran lawyers said privately they had never seen anything like it in their careers. What does this tell us not just about Pell but about ourselves? The Pell story goes beyond the institutional and cultural failure of the Catholic Church. It is far bigger, more complicated and dangerous…

Pell arrived suddenly, censured them and then, with the sacristy door open, people passing in the corridor, and still in his heavy mass vestments including the alb, a long secured vestment without front buttons or zipper, proceeded to sexually assault the boys, whom he did not know, in an extremely brief period of time. There was no witness to support the complainant. The former choirboy’s evidence was given in secret. Brennan called the entire scenario ­“incredible”.”

Joe Hildebrand:

“For many it is clear that Pell’s jailing is a watershed moment that has delivered some kind of catharsis, some sense that the system finally worked — perhaps even some sense of revenge. For many others — including the dead — it is far too little, far too late.

Certainly it has been clear from many responses, by survivors and commentators alike, that they see Pell as being punished for many other crimes on top of the one confirmed in the Victorian County Court.

But by conflating one incident at St Patrick’s Cathedral in the mid-1990s with the myriad atrocities committed by Catholic clergymen throughout the decades — including Pell’s own sins of omission — the sense of justice may be short lived.

As satisfying as it may be for victims of church abuse to see Pell punished, it is vital that he is punished for the right thing.”

Conclusion

If the above reports are true (and there are no important facts which would have supported the convictions), it seems likely that it was not open to the jury to be satisfied of Pell’s guilt beyond reasonable doubt and he should have his conviction overturned on appeal. It is unsurprising that legal experts assess Pell’s chances of having his conviction overturned on appeal as quite good.

Victoria (unlike NSW and QLD) does now allow for judge only trials. Serious consideration should be given to changing this, as the Pell case demonstrates the need for defendants who have received such awful pre-trial publicity to have their case tried in a way where such adverse publicity will not affect the result of the trial.

And given that this is the case, a successful appeal should probably lead to a verdict of not guilty being entered instead of another retrial.

© Sterling Law QLD . All Rights Reserved. Copyright 2017-2022 Sterling Law (Qld) Pty Ltd ACN 165 643 881