10 August 2012

Another Eastman inquiry

| johnboy
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The ABC has the exciting news that Canberra is going to have another inquiry into the murder conviction of David Harold Eastman:

Eastman is serving a life sentence for the murder of Australian Federal Police assistant commissioner Colin Winchester after a jury found him guilty in 1995.

Mr Winchester was shot dead near his home in 1989.

Eastman has mounted several challenges to his conviction, including in the High Court.

Justice Shane Marshall today ordered a fresh inquiry saying there are questions about whether Eastman is guilty.


UPDATE 10/08/12 17:50: Simon Corbell has announced it’s going to be a bigger inquiry than seen previously:

“His Honour’s order does not identify the doubt or question in relation to Mr Eastman’s conviction into which the inquiry is to be undertaken, and accordingly the scope of the inquiry will be broader than that previously conducted by Acting Justice Miles into Mr Eastman’s fitness to plead.”

Mr Corbell said the ACT Government would make arrangements to appoint an inquiry.

“I have already spoken with senior executives in the Justice and Community Safety Directorate to ensure that processes are underway to appoint an inquiry, and for it to occur in a timely fashion,” he said.

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An interesting but totally incorrect interpretation of my original thread, I was pointing out the likelihood of two people involved in alleged high profile cover-ups living side by side. Also that the longer it takes for inquiry to commence the less likely people will be around to give evidence.

unclebill said :

It’s a long involved story read those old Canberra Times, articles not the Percy ones. AFP don’t believe Percy killed Redston & don’t even know if he ever came to Canberra , read any of the reports or books on the subject, the Percy stuff is another way of “solving” all those cases without actually doing anything. Note how he has never appeared in the dock for any of the inquests, but psychs say he isn’t suffering from mental illness!.
Percy couldn’t drive in 1966, can you imagine a teenager riding around on a pushbike with a dead kid rolled up in carpet, looking for a place to dump him??

Uh, I see – you think Eastman dunnit?

I see why would you think that – the MO is almost the same: shooting one assistant commissioner in the head with two shots from a sawn-off rrifle in 1989 and trussing up one teenager before strangling him in 1966. Totally a pattern there.

In fact, you’ve just qualified to get a job with the AFP in their Fit-Up Squad.

It’s a long involved story read those old Canberra Times, articles not the Percy ones. AFP don’t believe Percy killed Redston & don’t even know if he ever came to Canberra , read any of the reports or books on the subject, the Percy stuff is another way of “solving” all those cases without actually doing anything. Note how he has never appeared in the dock for any of the inquests, but psychs say he isn’t suffering from mental illness!.
Percy couldn’t drive in 1966, can you imagine a teenager riding around on a pushbike with a dead kid rolled up in carpet, looking for a place to dump him??

unclebill said :

I guess the inquiry will want a statement from his then 60 year old red-haired next-door neighbour who just coincidentally was the ex-wife of accused Redston murderer (see Canberra Times of October 2003 that it seems we can no longer read online). Hint…she is in Nambour hospital.

Huh? Derek Percy was in prison in Victoria at the time of the Winchester murder.

What are you? Some kind of nutter?

I guess the inquiry will want a statement from his then 60 year old red-haired next-door neighbour who just coincidentally was the ex-wife of accused Redston murderer (see Canberra Times of October 2003 that it seems we can no longer read online). Hint…she is in Nambour hospital.

unclebill said :

Further questions, why would it take 6 years (1989-95) to establish a case against a mentally ill amateur assassin when you have unlimited budget & supposedly expert investigators from our top police force? Why was it necessary for them to as admitted “drive Eastman nuts” by following him around & making him hear “voices” in his apartment & other ridiculous stunts. Why is it necessary to have people keep telling us what an arsehole he was & probably still is? Arsehole does not always = murderer.

They were waiting for the previous owner of the Ruger to die, so they could ignore his inconvenient evidence and replace it with a fabrication from a different witness.

Further questions, why would it take 6 years (1989-95) to establish a case against a mentally ill amateur assassin when you have unlimited budget & supposedly expert investigators from our top police force? Why was it necessary for them to as admitted “drive Eastman nuts” by following him around & making him hear “voices” in his apartment & other ridiculous stunts. Why is it necessary to have people keep telling us what an arsehole he was & probably still is? Arsehole does not always = murderer.

VYBerlinaV8_is_back said :

HenryBG said :

cranky said :

Having been across this case since it occured, I’m 100% convinced that Eastman, clever and warped as he is, could never have carried out this murder.
.

Well, he *could* have. Nobody has proven anything either way. They sure as #@%& never managed to tie Eastman to the scene or the weapon, though.;

Alarm bells should start ringing for you when you see the AFP studiously avoiding the investigation of the obvious lead; being, uh, less than supportive of the various witnesses whose evidence contradicted the “Eastman dunit” thesis; and – icing on the cake – producing a bizarrely uncredible and very late witness statement to bolster said thesis.

The case against Eastman definitely had holes in it. There is also little doubt that some people were playing silly buggers behind the scenes.

There’s a previous RiotACT thread where a lot more detail was presented. As to the truth and accuracy of that detail, well, people have to make their own minds up I guess.

http://the-riotact.com/eastman-innocent/58300

Having spoken to Eastman’s supposed alibi, it was hard to tell if she had genuinely had the wind put up her, or if she was just flaky. It is a fact, however, that the AFP were less than enthusiastic about even taking a statement, let alone adding her evidence to everything else they already had. A selective investigation, topped up with forensic nonsense and crowned by an obviously concocted witness statement. The whole thing was screaming “fit-up”.
Of course not everybody who gets fitted up is actually innocent, though….and Eastman’s natural charm has meant that nobody wants him out anyway….

MERC600 said :

Well Riot seems to believe our David is indeed innocent. ..

I guess to realy seal his pardon ,

Riot would need to sort of

kind of

put forward who squeezed the trigger,

and why.

What a stupid question – have you been under a rock for the past 20 years?

In a nutshell:
The Calabrian mafia group to whom Winchester had offered protection (aka “Operation Seville”) decided it was Winchester’s fault when a large armed force of bent NSW coppers ripped off their crop. They promised to kill him. Two Calabrian hit-men came to Australia 2 weeks before Winchester was killed. They were in Canberra on the night of the murder. They flew out of Sydney less than 12 hours later. As far as the Italian police are concerned, these two men are responsible for the murder of Winchester. As far as the AFP are concerned, putting away a convenient local nutter helped them avoid searching questions on the completely retarded conception and planning of Operation Seville along with its abysmal failure with almost the entire “authorised” dope crop going to market not just right under the AFP’s noses, but with the active connivance of bent NSW coppers in the Roger Rogerson circle – men the AFP were completely terrified of (with good reason). And Eastman cooperated beautifully in creating just the diversion they wanted.

Not only does this version of events fit the facts far better than the “Eastman Dunit” version, but the fact the AFP threw its entire investigation behind one version and not the other, resulting in a completely flimsy and pathetic case against Eastman makes you wonder what they would have got had they put an effort into the other lead.

Well Riot seems to believe our David is indeed innocent. .. I guess to realy seal his pardon , Riot would need to sort of kind of put forward who squeezed the trigger, and why.

Some commenters on riotact does not equal riotact.

Can of worms (and snakes) that Corbell shouldn’t have opened. It was in his power to have released Eastman more quietly and have police “relocate” him as they have done with certain other criminals.Where will he find anyone impartial to run & man the enquiry?
If Eastman is innocent as I believe, the real killers would have probably already retired to a sunnier climate, be deceased or suffering dementia like all the other witnesses in the trial or be so firmly entrenched in a position of authority that nothing will happen to them.

VYBerlinaV8_is_back10:10 am 13 Aug 12

HenryBG said :

cranky said :

Having been across this case since it occured, I’m 100% convinced that Eastman, clever and warped as he is, could never have carried out this murder.
.

Well, he *could* have. Nobody has proven anything either way. They sure as #@%& never managed to tie Eastman to the scene or the weapon, though.;

Alarm bells should start ringing for you when you see the AFP studiously avoiding the investigation of the obvious lead; being, uh, less than supportive of the various witnesses whose evidence contradicted the “Eastman dunit” thesis; and – icing on the cake – producing a bizarrely uncredible and very late witness statement to bolster said thesis.

The case against Eastman definitely had holes in it. There is also little doubt that some people were playing silly buggers behind the scenes.

There’s a previous RiotACT thread where a lot more detail was presented. As to the truth and accuracy of that detail, well, people have to make their own minds up I guess.

http://the-riotact.com/eastman-innocent/58300

We all have our own anecdotes that lead us to believe Eastman was guilty or innocent. Mike Crowther’s lead him to one conclusion. The things others have come across lead to a different conclusion. On top of that, there are quite a few who don’t really have a view about whether Eastman was guilty or not, but they don’t believe he should have been convicted – either because of the evidence and its interpretation or because of Eastman’s mental state.

It isn’t good for a judicial system to have doubts like that about its integrity. It also isn’t good to have someone locked up for almost two decades in gaol if he is just unstable, rather than guilty. That’s why an inquiry is needed.

cranky said :

Having been across this case since it occured, I’m 100% convinced that Eastman, clever and warped as he is, could never have carried out this murder.
.

Well, he *could* have. Nobody has proven anything either way. They sure as #@%& never managed to tie Eastman to the scene or the weapon, though.;

Alarm bells should start ringing for you when you see the AFP studiously avoiding the investigation of the obvious lead; being, uh, less than supportive of the various witnesses whose evidence contradicted the “Eastman dunit” thesis; and – icing on the cake – producing a bizarrely uncredible and very late witness statement to bolster said thesis.

vg said :

“Just goes to show that out of all this country’s police forces and government prosecutors, Canberra’s remain the most dishonest and corrupt.”

You’re an idiot, and an absolute A grade one at that

…because I haven’t managed to join the misguided group-think that’s led a whole bunch of deluded people to fervently and aggressively assert that Eastman did it, despite the complete lack of any evidence tying him to the crime?

Well, *that*’s the sort of “idiocy” I’m happy to put my hand up for.

And *I* haven’t had any part in concocting any “witness” statement attempting to tie Eastman to the sale of the rifle. Unlike some.

Mike Crowther6:52 am 13 Aug 12

Affirmative Action M. Read my post. Two errors. 1. My ‘mafia’ informant referred to me as ‘chief’. That you could read that and still assume that I’m a lawyer tells me you know zip about the justice system.

2. The thing that lawyers hate the most is not getting paid for work performed.

Tetranitrate said :

Antagonist said :

Here comes HenryBG …

You know, it’s occurred to me that perhaps HenryBG IS David Eastman, posting from the AMC.
It would explain a lot of things.

No, if it was Eastman, his posts would be a lot longer, starting out well and finishing in incoherent abuse.

As for an expensive royal commission or even a re-trial, I certainly hope not. He’s where he needs to be.

I suspect Mark Standen might have some interesting things to say about this matter.

Affirmative Action Man8:04 pm 12 Aug 12

Mike Crowther said :

“..Very selctive in your evidence Mr Crowther..” Sorry Affirmative Action M, but what I said isn’t evidence, it’s fact. Eastman was convicted by a jury. Juries have information with-held from them all the time. When Dr. Rowland was murdered by the Privitt brothers at Gandaroo, the Jury wasn’t allowed to hear that they’d known him from their days in Quarmby as it would have alluded to the prior criminality of the Privitts. What Juries are and are not allowed to hear is laid out in the evidence act, as administered by a judge. If they get it wrong, there is an appeal process. I have read the brief of evidence and the court transcripts, however, what me, you or the editor of the Canberra Times believe should be irrelevant. There is a system in place weighted heavily in the accused favor. Otherwise why don’t we just abolish the trial process and run periodic referendums in its stead?
In Goulburn years ago a ‘soldier’ for the Griffith ‘Honored Society’ told me ‘If it had been us done it chief, they’d have never have found the body.’

This crime simply wassn’t their style.

I take it that Mr Crowther is a lawyer because he is primarily interested in the administration of the justice system rather than in justice or the truth.

See I reckon that the fact that the chief forensic witness for the prosecution was sacked from his job in Victorias Forensics lab for incompetence is actually quite relevant given that his evidence was crucial in convicting Eastman.

In any case its interesting that of all the people who can Eastman on this site not one is actually prepared to refute the several issues raised by the people supporting a review. Its just “oh well the jury has decided – its all over he can rot.

The thing lawyers hate more than anything is have someone without a law degree show up their legal incompetence.

Having been across this case since it occured, I’m 100% convinced that Eastman, clever and warped as he is, could never have carried out this murder.

He certainly held a grudge against Winchester, but to escalate this grudge to a a professional ‘hit’, by a relatively ordinary individual does not add up.

I beg that Corbell decrees an enquiry, by a non ACT based Judge, to get to the bottom of this.

Along with others, I believe that the AFP of this period were not covering themselves with glory, and strongly believe that criminal connections were in place.

Mental Health Worker7:50 pm 12 Aug 12

If we had the death penalty (see for example http://the-riotact.com/guess-what-colour-the-commodore-in-the-police-pursuit-was/79714) this wouldn’t be happening.

MHW

“Just goes to show that out of all this country’s police forces and government prosecutors, Canberra’s remain the most dishonest and corrupt.”

You’re an idiot, and an absolute A grade one at that

Mike Crowther said :

In Goulburn years ago a ‘soldier’ for the Griffith ‘Honored Society’ told me ‘If it had been us done it chief, they’d have never have found the body.’

This crime simply wassn’t their style.

Utter crap. How the $#%^ were they going to get the Assistant Commissioner of the Australian Federal Police “off-site”?

http://en.wikipedia.org/wiki/List_of_victims_of_the_'Ndrangheta

This crime was exactly their style. *And* they had in fact promised to do it.

colourful sydney racing identity said :

banco said :

You’d struggle to find someone in the Canberra legal community who thinks he’s guilty. It’s probably too late to untangle the various doings but if you’d had a Royal Commission into the AFP in the ’90’s you would have in all likelihood uncovered a real can of worms.

+1

That’d be “Canberra’s legal fraternity, MINUS the DPP”…who to this day still manage to kid themselves that they got it right.

But if there’s *one* thing Canberra’s legal fraternity are dreading above all else, it is the day David Eastman, a even crankier David Eastman, is free once again to walk the streets.

I am still astounded that it has been 17 years and STILL this ridiculous conviction on no evidence whatsoever of a convenient local nutter for a hit which a criminal organisation had in fact promised to carry out, has STILL not been overturned.

Just goes to show that out of all this country’s police forces and government prosecutors, Canberra’s remain the most dishonest and corrupt.

Nothing short of a Royal Commission will ever sort this out now.

Mike Crowther1:21 pm 12 Aug 12

“..Very selctive in your evidence Mr Crowther..” Sorry Affirmative Action M, but what I said isn’t evidence, it’s fact. Eastman was convicted by a jury. Juries have information with-held from them all the time. When Dr. Rowland was murdered by the Privitt brothers at Gandaroo, the Jury wasn’t allowed to hear that they’d known him from their days in Quarmby as it would have alluded to the prior criminality of the Privitts. What Juries are and are not allowed to hear is laid out in the evidence act, as administered by a judge. If they get it wrong, there is an appeal process. I have read the brief of evidence and the court transcripts, however, what me, you or the editor of the Canberra Times believe should be irrelevant. There is a system in place weighted heavily in the accused favor. Otherwise why don’t we just abolish the trial process and run periodic referendums in its stead?
In Goulburn years ago a ‘soldier’ for the Griffith ‘Honored Society’ told me ‘If it had been us done it chief, they’d have never have found the body.’ This crime simply wassn’t their style.

Spiral said :

Doesn’t it seem a bit strange that a “friend” suddenly remembers evidence that may save him after all these years?

What sort or moron didn’t bring this stuff up in the trial or numerous appeals?

It sounds a bit fishy to me.

If he does get free, I hope the compensation money comes from the “friend” not from the public.

I thought from the 7.30 report that the friend (housemate, apparently) had in fact told the powers that be during the first part of the investigation, then (as you’d expect in possibly mental illness type circles) fell out of sight for years. (Perhaps some of the multimillions Eastman may receive in compensation will need to be recouped as undeclared ACT Housing co-inhabitant rental arrears!).

Tetranitrate11:29 am 12 Aug 12

Antagonist said :

Here comes HenryBG …

You know, it’s occurred to me that perhaps HenryBG IS David Eastman, posting from the AMC.
It would explain a lot of things.

Mrs_Potato_Head said :

[Proboscis has a good theory in the ‘The week in Canberra on 7:30’ thread. I’m sorry but I’m not tech savvy so I couldn’t post it here.

Thanks.

That makes a lot of sense.

Mrs_Potato_Head8:12 am 12 Aug 12

Spiral said :

Doesn’t it seem a bit strange that a “friend” suddenly remembers evidence that may save him after all these years?

What sort or moron didn’t bring this stuff up in the trial or numerous appeals?

It sounds a bit fishy to me.

If he does get free, I hope the compensation money comes from the “friend” not from the public.

Proboscis has a good theory in the ‘The week in Canberra on 7:30’ thread. I’m sorry but I’m not tech savvy so I couldn’t post it here.

Doesn’t it seem a bit strange that a “friend” suddenly remembers evidence that may save him after all these years?

What sort or moron didn’t bring this stuff up in the trial or numerous appeals?

It sounds a bit fishy to me.

If he does get free, I hope the compensation money comes from the “friend” not from the public.

lovechocolatte said :

Talking of ‘dredging up information’… the southern lake foreshore search for the murder weapon was much publicised, finding lots of disposed of items from property crime (bikes, shopping trolleys, motorcycles, etc), but no firearm. Later, a car with the remains of a poor dead girl in it was retrieved from the same area, who I believe had disappeared a dozen years earlier. It isn’t a stretch to contend that if a car containing a person was missed, how easy would it be for a firearm to be missed!?

The lake needs to be drained and cleaned. It should hopefully remove a few of the carp at the same time.

lovechocolatte12:16 pm 11 Aug 12

Talking of ‘dredging up information’… the southern lake foreshore search for the murder weapon was much publicised, finding lots of disposed of items from property crime (bikes, shopping trolleys, motorcycles, etc), but no firearm. Later, a car with the remains of a poor dead girl in it was retrieved from the same area, who I believe had disappeared a dozen years earlier. It isn’t a stretch to contend that if a car containing a person was missed, how easy would it be for a firearm to be missed!?

Mike Crowther said :

breda said :

As has been pointed out, almost no-one does more than 17 years for murder these days.

Breda, while you are perfectly entitled to your own opinion, you’re not entitled to your own facts. Plenty of people sentenced for murder do more than 17 years. If you mean in Canberra, well sure… most Murderers go free at court. But the ACT is an exception. In N.S.W. the longest serving murderer is Bill Lane who came into the system in 1960, The Black Prince 40 years, The Murphy’s, 27 years… etc etc. The criteria for release isn’t ‘How long’ but ‘Are they ready to be released’ and David Harold, standing as he is convicted by a Jury, who’s verdict has been upheld in appeal after appeal, is clearly, by his gaol behavior, is not ready to be unleashed on the community. Should yet another appeal or retrial send him on his way, that’s a matter for the likes of old hanging judge Higgins, but as long as he is convicted, he’s where he belongs. Having dealt with the bloke personally on and off for about ten years I wouldn’t even allow him out of prison under secure armed escort to put the bins out. Then again…

According to stats the average time one is incarcerated for murder in this country is 13 years which compares quite favourably,for the killers,to the US where it’s 19 years.Obviously as you’ve mentioned there are exceptions.

ToastfliesRED, people in jail, or a recognised rehab centre, only pay $5 per week rent in an ACT Housing property. If he’s done some work whilst in AMC then he can afford his rent.

I really hope he gets out this time. 17 years for a murder is more than most, even if the victim was a cop.

Affirmative Action Man11:19 am 11 Aug 12

Reply to Mike Crowther ” David Harold, standing as he is convicted by a Jury, who’s verdict has been upheld in appeal after appeal”

Very selctive in your evidence Mr Crowther. He was convicted by a jury that did not know that both the forensic evidence & alleged experts were tainted, discredited and not cross examined.

All subsequent appeals have been so narrow in their scope as to make it impossible to review relevant evidence and issues.

In any case as you eloquently pointed out whether he did it or not he is barking mad & should be in a mental health facility not a prison. .

Mike Crowther10:34 am 11 Aug 12

breda said :

As has been pointed out, almost no-one does more than 17 years for murder these days.

Breda, while you are perfectly entitled to your own opinion, you’re not entitled to your own facts. Plenty of people sentenced for murder do more than 17 years. If you mean in Canberra, well sure… most Murderers go free at court. But the ACT is an exception. In N.S.W. the longest serving murderer is Bill Lane who came into the system in 1960, The Black Prince 40 years, The Murphy’s, 27 years… etc etc. The criteria for release isn’t ‘How long’ but ‘Are they ready to be released’ and David Harold, standing as he is convicted by a Jury, who’s verdict has been upheld in appeal after appeal, is clearly, by his gaol behavior, is not ready to be unleashed on the community. Should yet another appeal or retrial send him on his way, that’s a matter for the likes of old hanging judge Higgins, but as long as he is convicted, he’s where he belongs. Having dealt with the bloke personally on and off for about ten years I wouldn’t even allow him out of prison under secure armed escort to put the bins out. Then again…

Jon Stanhope’s most inglorious moment would have to have been when he took the position that saving taxpayer’s money was more important than righting this heinous miscarriage of justice.

Only in Canberra can you get a decision by the highest court in the country overturned by a member of the local council.

It’s a bloody disgrace and he should rot in gaol.

Eastman was (and probably still is) a very intimidating and unstable person – as people who had dealings with him can attest. But the whole case stank from day 1. He was the perfect fall guy, right down to assisting with his own demise with his lunatic behaviour throughout the court cases. If he’d just shut up and behaved, he would probably have got off, as the case was pretty weak. And he’s very far from stupid, rather a paranoid schizophrenic.

As has been pointed out, almost no-one does more than 17 years for murder these days.

The worst thing is that after all this time it is unlikely that we will ever get to the bottom of this. There were all sorts of odd things happening with the cops and the drug trade at that time, but linking the Assistant Commissioner’s murder to that would have been anathema, and still is.

Antagonist said :

Here comes HenryBG …

This is like music to his ears.Surely they must be burning by now?

ToastFliesRED2:38 pm 10 Aug 12

and even if he had dunnit (which I have no evidence to prove or to the contrary) after 17 years since conviction he’d be out and about on parole by now anyway! and anyway who’s been paying his rent to ACT Housing for the past 17 years dadgummit gagdummit aww now done I got my cursin tongue all twisted

colourful sydney racing identity2:32 pm 10 Aug 12

banco said :

You’d struggle to find someone in the Canberra legal community who thinks he’s guilty. It’s probably too late to untangle the various doings but if you’d had a Royal Commission into the AFP in the ’90’s you would have in all likelihood uncovered a real can of worms.

+1

You’d struggle to find someone in the Canberra legal community who thinks he’s guilty. It’s probably too late to untangle the various doings but if you’d had a Royal Commission into the AFP in the ’90’s you would have in all likelihood uncovered a real can of worms.

Here comes HenryBG …

troll-sniffer12:00 pm 10 Aug 12

From the moment the crime was reported in the media I had severe doubts about the likelihood the murder was carried out by anyone other than a professional hitman. Nothing I have heard or read since has swayed my suspicions about the case. An enquiry with wide enough powers to explore the murky world of the ‘other’ parties involved with Winchester would IMHO be likely to dredge up some interesting information.

What! Eastman not guilty! How could this be? Our non corrupt police force and wonderful legal system has proved that he is so he must be guilty!

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