Reflections on some recent legal matters

Possibly the worst case of injustice was that around the death of Lindy Chamberlain's baby Azaria, when it was taken by a dingo in August 1980. Allegations were made that foetal haemoglobin was found in the front seat of the Chamberlains'scar when exactly the same reaction could be obtained from the sound deadener sprayed on the car, or even a child's chocolate milkshake. Despite appeals to the Federal Court in 1983 and the High Court in 1984 the original verdict was upheld. It was not until the accidental discovery of the baby's matinee jacket in 1986 that the verdict was overturned.

In the case of Cardinal Pell, he was at first found guilty of the crime of sexually assaulting two boys in Melbourne's St Patrick's Cathedral in 1996 and 1997, and this conviction was upheld by the Victorian Court of Appeal.

However, on April 7 this year, the High Court, in a unanimous decision, acquitted him on all charges. His supporters were overjoyed, claiming that there had been a 'witch hunt" while others expressed concern for the well-being of the complainant, 'Witness K'

In a summary of its decision the court stated that "on the assumption that the jury had assessed the complainant's evidence as thoroughly credible and reliable, the evidence of the opportunity witnesses nonetheless required the jury, acting rationally, to have entertained a reasonable doubt as to the applicant's guilt in relation to the offences involved in both allegations."

The bench found that there was "a significant possibility that an innocent person has been convicted because the evidence did not establish guilt to the requisite standard of proof".

Although it is sometimes hard to accept, it is still far preferable to apply the 'requisite standard of proof', even if a guilty person avoids conviction rather than have the situation, as in the Chamberlain case, where an innocent person is convicted.