Gotta love this effective Court System...

**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...

**Papewaio** · 07-09-2007, 01:33

Just read it. Has to be one of the most stupid ideas that it has to be attached in such a manner, should be about content not the media used. Doesn't allow new technology to be used either. Also there is no indication that it wasn't tampered with on purpose, seems a very easily created loophole... I'm sure there would be a few willing to pay through the nose for a staple to be removed.

My Kingdom for a nail...

**naut** · 07-09-2007, 01:42

Awestruck.

**Spetulhu** · 07-09-2007, 05:08

Originally Posted by Papewaio

Also there is no indication that it wasn't tampered with on purpose, seems a very easily created loophole... I'm sure there would be a few willing to pay through the nose for a staple to be removed.

Staples are punched through the paper, then fold in order to keep everything together. A removed staple leaves little holes in the place it used to occupy. It's easy to see if a staple was removed.

**Papewaio** · 07-09-2007, 05:25

There are holes and then there are loopholes...

Missing staple gets Janine Balding killers appeal

There are staple holes in the top corner of the indictment but this was dismissed by the Court of Criminal Appeal last year as "inadequate" evidence that it had ever been attached to the file.

**naut** · 07-09-2007, 15:12

That's utter bollox. If they're released ...

**CountArach** · 07-09-2007, 22:36

Even if they aren't released it is sheer idiocy that something this small is part of our law, and failure to strictly adhere to it is grounds for granting an appeal.

**Navaros** · 07-09-2007, 22:46

There are staple holes in the top corner of the indictment but this was dismissed by the Court of Criminal Appeal last year as "inadequate" evidence that it had ever been attached to the file.

That part of it is a correct finding.

They could fabricate that the document was at one point stapled to it even if it wasn't. Simply by putting a staple in at any point in time when they realized they needed some staple holes, then taking that staple out. Therefore, staple holes on their own don't prove anything.