CountArach
07-09-2007, 01:28
http://news.ninemsn.com.au/article.aspx?id=114897
Missing staple gives killers fresh hope
Monday Jul 9 07:32 AEST
An administrative blunder has given the murderers of Sydney woman Janine Balding a fresh appeal.
Two of Ms Balding's killers have been granted special leave to take their case to the High Court due to a missing staple from their court file, The Daily Telegraph reported.
The decision effectively quashes the pair's unsuccessful 1992 appeal.
The men, Matthew Elliott and "B", who was a juvenile at the time of the rape and murder of Ms Balding in 1988 and cannot be identified, had unanimously lost the appeal along with the third killer, Stephen Jamieson.
Lawyers will argue the failure to staple the Crown indictment to the court file, as required by law, means the pair's case was never "finalised" in the Court of Criminal Appeal.
The lawyers also claim none of the laws passed since then, including truth in sentencing, therefore apply to them and they should be released.
"It beggars belief," Mrs Balding said. "I can't believe that things happen like this. How do they know someone has not removed the staple on purpose? You can't rely on the law when it relies on a solitary staple."
NSW Opposition Leader Barry O'Farrell said budget cuts were jeopardising justice while acting attorney-general John Watkins said he appreciated the distress of the family.
Sickening...
Missing staple gives killers fresh hope
Monday Jul 9 07:32 AEST
An administrative blunder has given the murderers of Sydney woman Janine Balding a fresh appeal.
Two of Ms Balding's killers have been granted special leave to take their case to the High Court due to a missing staple from their court file, The Daily Telegraph reported.
The decision effectively quashes the pair's unsuccessful 1992 appeal.
The men, Matthew Elliott and "B", who was a juvenile at the time of the rape and murder of Ms Balding in 1988 and cannot be identified, had unanimously lost the appeal along with the third killer, Stephen Jamieson.
Lawyers will argue the failure to staple the Crown indictment to the court file, as required by law, means the pair's case was never "finalised" in the Court of Criminal Appeal.
The lawyers also claim none of the laws passed since then, including truth in sentencing, therefore apply to them and they should be released.
"It beggars belief," Mrs Balding said. "I can't believe that things happen like this. How do they know someone has not removed the staple on purpose? You can't rely on the law when it relies on a solitary staple."
NSW Opposition Leader Barry O'Farrell said budget cuts were jeopardising justice while acting attorney-general John Watkins said he appreciated the distress of the family.
Sickening...