Waiting for the High Court Decision

The High Court concluded hearing Andrew's application to have his conviction overturned on Wednesday 8 September at 4.15pm.

Lawyers for Andrew argued that crucial evidence held by the police and prosecution was not shared with the defence or the court. The information came to light only after the original trial and only after significant investigation by Andrew's supporters. It was revealed that an undercover operative had been with Andrew in the weeks following the murder. Evidence was also withheld that showed the weapon the prosecution maintained was used to murder Mrs Lawrence was most unlikely to have been the weapon described to the court.

The Justices must now decide whether undisclosed information to the jury in Andrew' original trial would have changed the jury's opinion that Andrew was guilty of the murder of Pamela Lawrence. It must decide if the undisclosed information is significant enough to overturn the original verdict.

High court Justice Michael Kirby said that it was clear that potential evidence was "deleted, suppressed and not put forward" which left him with a real sense of disquiet.

We must now wait for the deliberations of the Justices. One thing we have learned over the last eleven years is patience - and perseverance. We will not give up - so we all of us now await the decision with hope in our heart that finally justice will be done and Andrew will be blieved. He is an innocent man, wrongfully convicted. There has been a miscarriage of Justice that needs to be righted.

To view the transcripts of the proceedings go to www.hcourt.gov.au and click on the publications link in the list to the left of the screen.

Day 2 of High Court hearing 8 Sptember 2005

There were just two quotes, which were remarkable from the transcripts of day 2.

Relating to the fact that the expert witness Dr. Cooke gave a report on a negative outcome testing an anode - which were used in the workshop behind the shop - on a pig's head and a negative outcome testing a wrench on a pig's head, and only the evidence regarding the anode was produced,
Justice KIRBY remarked: Why would the evidence about the wrench then be suppressed?
MR McCUSKER: That is the question, your Honour.
KIRBY J: That is the question, especially as it also came up with a negative
result.

And this extract:
KIRBY J: I remember Mr Cock once turning up in Melbourne, before the Full
Court of this Court, and saying, "We cannot defend this decision of the Court of Criminal Appeal and we will consent to an order being made allowing the appeal", and I said to my associates at the time, "This is exactly how the Crown should act". I must say this case does not seem to have been conducted in that same spirit.

Many thanks to Sabine Zanker for her invaluable support and encouragement.

Day one of the High Court hearing 6 september 2005

The first day, 6 September, at the High court in Canberra was very encouraging - the transcript was availbale at 4.30 pm here in Perth Western Australia.
we were particularly encouraged by the statement below - from Justice Kirby -

KIRBY J: "Yes, but Mr Walker, I have often, over 25 years in criminal appeals, pointed to my associates and said you mark that you mark the way the Crown did that because that was done out of its sense of a duty of fairness, and here we have a catalogue of things that were not put before the jury which do not seem to accord with the standard of the fair presentation of an honest presentation of the case.
I have to say that in this case there were things, deleted things, suppressed things not put forward and it leaves one with a real sense of disquiet – it leaves me with a real sense of disquiet and does not seem to conform in its totality with the normal way in which the Crown prosecutes in this country."


That the verdict against Andrew was unjust is very clear - there was so much to create doubt as to the fairness of Andrew's trial that acquittal was the only request that Andrew's legal team could make of the High Court.

High Court hearing -6 & 7 September 2005

The time has finally arrived for the application to be heard inthe High Court of Australia and to have Andrew's unjust and unsafe conviction and to be overturned.

Yesterday our family and friends farewelled Andrew's legal team from the Perth Domestic Airport as they boarded their flight to Canberra. The hearing commences tomorrow at 10am.

I have been told that the proceedings of each day will be available on the High Courts website, www.hcourt.gov.au so please visit the site to read how the days proceedings went.

Many thanks to all of the well wishes we have recieved, from as far away as Canada and Holland, many thanks for all the hard work and effort so many people have put in to this application.

May our prayers be answered and Andrew at last becomes a free man.