22 April 2013

Eastman sacks lawyers, inquiry stalls

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Convicted killer David Eastman has sacked his lawyers and demanded the head of the inquiry into his case stand aside reports ABC News.

Eastman is currently serving a life sentence for the murder of Australian Federal Police assistant commissioner Colin Winchester in 1989.

Justice Kevin Duggan in leading the inquiry into the infamous case, and has refused to step aside.

Eastman appeared at today’s hearing by video link from jail to tell the inquiry that he would be representing himself.

Almost immediately he clashed with Justice Duggan who had to repeatedly ask him not to interrupt.

Eastman was concerned Justice Duggan’s questioning of his former barrister John Harris about his availability for the case, if circumstances changed, would trespass on his right to privacy.

Eastman also told the inquiry he was concerned about a perception of bias from Justice Duggan.

His concern is that a key member of the team assisting Justice Duggan also worked on the Miles Inquiry into his case in 2005.

That inquiry dealt with Eastman’s fitness to plead at his original trial.

“I am entitled to apply to the Supreme Court for a writ of prohibition,” he said, after accusing Justice Duggan of failing to respond appropriately and asking him to stand down.

“You have continued to sit for three months without ruling on this issue.”

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He’s just the gift that keeps on giving.

LSWCHP said :

thatsnotme said :

LSWCHP said :

As I’ve never spent any time in the Big House, I don’t know what “bronzing up” is. I could guess, but can you elaborate?

I wasn’t sure what this meant either, so decided to Google it. I’m not sure that I’m better off knowing the answer – but at least it wasn’t a Google image search…

http://www.urbandictionary.com/define.php?term=Bronzing%20Up

Ah Jeez…euurrgh…not what I thought. I wish I hadn’t asked. 🙁

Given the stories about his behaviour I’m baffled why this guy wasn’t flogged repeatedly while out on the street. Yeah, he might be large and aggro, but there are other large and potentially aggro people out there as well. If he tried to biff me I’d just biff him back repeatedly until he went on his way. Perhaps like most bullies he only picked on those smaller and physically more vulnerable than himself.

Is he large?

Anyway, the dislike of Colin Winchester arose because of a fight (with a neighbour). http://www.afp.gov.au/about-the-afp/our-organisation/~/media/afp/pdf/w/winchester-the-end-of-innocence.ashx So clearly standing up to him made no difference.

IP

EvanJames said :

His murder conviction meant that literally hundreds of charges against him were never heard. On the other hand, it also meant he stopped committing the actions that caused those charges.

And why? Why were numerous charges dropped? Didn’t those victims deserve their day in court too? This is actually really common, and really sick The DPP only pursue the murder charge, and if convicted the child-raping murderer gets to pretend he’s “just another lifer” for his whole time in prison, because nothing in his record says he’s also a child sexual offender.

IP

poptop said :

Mr Eastman is a very unwell man and an incredibly difficult and irritating person to deal with.

I agree that I am personally happier he is not at liberty in Canberra, but I am not at all certain he is guilty of the crime. That is troubling.

That sums up my feelings too.

He’s a very sick man and, while it’s convenient to have him out of circulation, I’m not convinced of his guilt.

This scenario plays itself out every time he goes back to court. It achieves nothing, either for him or for justice, and costs a fortune, There has to be a better way, though damned if I know what it might be.

Eastman is thoroughly unlikable and effectively impossible to work with, yet he still gets retrials and inquiries. That, together with all the doubts about his guilt at the time of conviction [much to do with his friend who used Eastman’s car to go rabbit shooting, etc] and the other concerns with the investigations Winchester was apparently involved (and some other quite robust arguments he was apparently involved in), in all raise some significant questions.

If he had NO grounds for all the appeals and inquiries, I doubt the Courts would be allowing yet another one to proceed. There are far more personable convicted criminals out there and better things to do with the time and money.

Lookout Smithers3:08 am 23 Apr 13

johnboy said :

He’s certainly an arsehole in my opinion.

whether he’s guilty or not I’m less certain of.

Impressing me again JB, you see things clear enough. An asshole, I don’t him, part of an investigation that didn’t fully investigate everything or compared apples with apples? I agree, Im less certain of his guilt. I am certain though that we as a nation have come a long way in our sense of fashion since then. We need to commend ourselves here.

Lookout Smithers2:59 am 23 Apr 13

Dilandach said :

So in the brief 30 seconds of searching and reading, this guy got booted from the PS because he was unhinged / had a temper issue. So in his mind that equaled to the world going out of its way to get him… then his temper going off on a trivial issue which then ended up with the guy getting arrested which then in his mind added police to his list of those out to keep him down. Then killing the AFP guy because he was one of them?

So in summary this guy is a bit smarter than your average meathead but not much more, can’t take ownership of his own mistakes. Its always someone else. Then to make it a pain for all those involved, stall stall stall at all costs and at every step of the way.

So i’d be right to say that this guy is just an asshole?

Its actually only fair if you know him personally. Even then its not really that fair. Even without a Mental health diagnosis. I think its fair to say two things. Firstly, calling someone an asshole if you dont actually know them says more about you than anyone. And secondly and on a different issue, there will never be a public servant as interesting as David Eastman. We should thank him for that alone, and also his service to us. Indeed.

Lookout Smithers2:54 am 23 Apr 13

EvanJames said :

His favourite tactic during his many court cases prior to that for killing Winchester: getting the magistrates to disqualify themselves for various reasons. He’s worked his way through the legal firms of Canberra too, sacking every lawyer who represents him. Racks up time, racks up costs

Im quite happy to pay for it if a miscarriage of justice has been made. In any case, sacking a lawyer doesn’t affect any outcome apart from the delay. Its easy to be distracted by lots of noise he makes, but the real issue is in how the case was dealt with. Remember its a very different time that it happened.

obamabinladen1:16 am 23 Apr 13

Eastman is a fruit loop and is where he should be! We will never know 100% what happened and why but if Eastman is in fact innocent of this crime then the courts owe it to the family of Colin Winchester to find the truth whatever it may happen to be. If that meant a re-opening the investigation than so be it. However if the evidence points at Eastman then this needs to be his final appeal, Canberrans have more important things to deal with.

shauno said :

Roundhead89 said :

Eastman was already mentally disabled and I would imagine that after 18 years in jail he would now be classified as criminally insane – severe mental illness induced or exacerbated by incarceration.

If the push is on to release Schapelle Corby on compassionate grounds then Eastman should also be released.

So I take it you would have no problems if they released Ivan Milat as well since he is obviously insane eating razor blades and chopping his finger off for amusement.

Milat is eating razor blades and chopping bits off himself? This news pleases me immensely, and I hope it hurts him like the fires of hell. Can I send him a care package of extra blades, salt and pepper?

thatsnotme said :

LSWCHP said :

As I’ve never spent any time in the Big House, I don’t know what “bronzing up” is. I could guess, but can you elaborate?

I wasn’t sure what this meant either, so decided to Google it. I’m not sure that I’m better off knowing the answer – but at least it wasn’t a Google image search…

http://www.urbandictionary.com/define.php?term=Bronzing%20Up

Ah Jeez…euurrgh…not what I thought. I wish I hadn’t asked. 🙁

Given the stories about his behaviour I’m baffled why this guy wasn’t flogged repeatedly while out on the street. Yeah, he might be large and aggro, but there are other large and potentially aggro people out there as well. If he tried to biff me I’d just biff him back repeatedly until he went on his way. Perhaps like most bullies he only picked on those smaller and physically more vulnerable than himself.

Proboscus said :

Funny that Eastman is demanding that Justice Duggan stand down due to “a conflict of interest”. The only conflict of interest I’ve seen during this whole circus is when Eastman has faced Justice Higgins on numerous occasions to request appeals. As they were high school friends I’d consider that a massive conflict of interest.

Huh?

Diggety said :

Somebody murdered Winchester. So if an innocent man is in prison for it, that means a guilty person(s) is not.

The guilty person is quite possibly tending to his grapes in Griffith.

LSWCHP said :

As I’ve never spent any time in the Big House, I don’t know what “bronzing up” is. I could guess, but can you elaborate?

I wasn’t sure what this meant either, so decided to Google it. I’m not sure that I’m better off knowing the answer – but at least it wasn’t a Google image search…

http://www.urbandictionary.com/define.php?term=Bronzing%20Up

Tetranitrate9:44 pm 22 Apr 13

Diggety said :

Somebody murdered Winchester. So if an innocent man is in prison for it, that means a guilty person(s) is not.

This absolutely. The attitude that some have expressed in other threads that the truth doesn’t much matter as “he’s in the right place now” is repulsive. If Eastman didn’t do it – who did, and why?

I do hope this inquiry actually gets to run its course.

Dilandach said :

johnboy said :

And if you were unstable, and unpleasant, but innocent of a high profile assassination, getting fitted up for it would probably tip you over the edge.

Well then he should be forcibly medicated.

What? Please explain that little brain fart.

Eastman spent his days, before the conviction for murder, terrorising and assaulting and abusing his neighbours, public servants in public contact positions, and sundry members of the public who happened to annoy him. He was physically violent, loudly abusive, and certainly exhibited many of the characteristics of severe mental illness, coupled with exhibited criminal behaviour.

He was also very intelligent. He was dux of boy’s Grammar, and shot up through the public service. Right up until his physical assaults of fellow staff (especially women) led to his department invaliding him out on “stress”. He then spent some years trying to get back into the APS via various means, and his fury at Winchester was driven by his concern that being found guilty of one of his many misdemenours would disqualify him from re-employment in the APS. I dealt with him several times during this period, and he was obsessed with regaining his position. Which didn’t prevent him from punching and abusing and threatening public servants.

I remember one day, watching him standing in the middle of a road, screaming abuse at a woman in a car who’d almost hit him (in the middle of the road). His murder conviction meant that literally hundreds of charges against him were never heard. On the other hand, it also meant he stopped committing the actions that caused those charges.

Somebody murdered Winchester. So if an innocent man is in prison for it, that means a guilty person(s) is not.

Funny that Eastman is demanding that Justice Duggan stand down due to “a conflict of interest”. The only conflict of interest I’ve seen during this whole circus is when Eastman has faced Justice Higgins on numerous occasions to request appeals. As they were high school friends I’d consider that a massive conflict of interest.

liability said :

Whilst I have serious doubts about Eastman being responsible for the Winchester murder, the guy is clearly a fruitloop.

I have had some dealings with him post his conviction and the guy is a loony. He is one of those prisoners who likes “bronzing up” on a regular basis just to piss off the correctional staff.

It is open to argument how bad he was before his imprisonment, but he is definitely a nutter now.

If he was innocent I could understand, to some intent, how his imprisonment for an offence that he thinks he didn’t commit would send him crazy/crazier.

As many others have said, if he had stuck with one competent lawyer during his trial he might be a free man today.

As I’ve never spent any time in the Big House, I don’t know what “bronzing up” is. I could guess, but can you elaborate?

As to his looniness before being convicted, I used to work with a bloke who lived in the same block of flats as Eastman well before the Winchester thing. He used to come to work and tell stories about his incredibly aggressive and obnoxious neighbour. If you looked at the guy in the carpark he’d come up and threaten to knuckle you. Not at all a nice man.

johnboy said :

And if you were unstable, and unpleasant, but innocent of a high profile assassination, getting fitted up for it would probably tip you over the edge.

Well then he should be forcibly medicated.

So I assume all you legal eagles will be contacting Eastman to offer up your expert opinions in his defence?

Looks like a conflict on the fact of it. I imagine the entire legal fraternity in Australia are thoroughly sick of Eastman and might feel like bending the rules to cut through. Sorry, but the mentally ill warrant justice, whatever the inconvenience to administrators and lawyers, even if the accused/convicted is an arsehole …

Whilst I have serious doubts about Eastman being responsible for the Winchester murder, the guy is clearly a fruitloop.

I have had some dealings with him post his conviction and the guy is a loony. He is one of those prisoners who likes “bronzing up” on a regular basis just to piss off the correctional staff.

It is open to argument how bad he was before his imprisonment, but he is definitely a nutter now.

If he was innocent I could understand, to some intent, how his imprisonment for an offence that he thinks he didn’t commit would send him crazy/crazier.

As many others have said, if he had stuck with one competent lawyer during his trial he might be a free man today.

bundah said :

Pork Hunt said :

bundah said :

Roundhead89 said :

Eastman was already mentally disabled and I would imagine that after 18 years in jail he would now be classified as criminally insane – severe mental illness induced or exacerbated by incarceration.

If the push is on to release Schapelle Corby on compassionate grounds then Eastman should also be released.

If he’s criminally insane then all the more reason for him to remain incarcerated.

Bundah, the whole point of the exercise is not if he is mad but whether he pulled the trigger on Eastman?
The answer to the first question may well be yes but the second…

Agreed and i must admit that my comment was a little flippant.I share a similar sentiment to many others who are not convinced that he did pull the trigger however we didn’t sit through the 85 day trial where he was found guilty.Was there a travesty of justice? well i guess we are going to find out soon enough and i look forward to the outcome.

The enquiry has stalled so we won’t find out soon enough. Eastman might think he’s innocent but must secretly like being locked up.

Pork Hunt said :

bundah said :

Roundhead89 said :

Eastman was already mentally disabled and I would imagine that after 18 years in jail he would now be classified as criminally insane – severe mental illness induced or exacerbated by incarceration.

If the push is on to release Schapelle Corby on compassionate grounds then Eastman should also be released.

If he’s criminally insane then all the more reason for him to remain incarcerated.

Bundah, the whole point of the exercise is not if he is mad but whether he pulled the trigger on Eastman?
The answer to the first question may well be yes but the second…

Agreed and i must admit that my comment was a little flippant.I share a similar sentiment to many others who are not convinced that he did pull the trigger however we didn’t sit through the 85 day trial where he was found guilty.Was there a travesty of justice? well i guess we are going to find out soon enough and i look forward to the outcome.

Dilandach said :

If I was an innocent, I certainly wouldn’t be doing things that were to work against my own case at every opportunity.

Sure, but you’re also not as mad as a March hare.

And if you were unstable, and unpleasant, but innocent of a high profile assassination, getting fitted up for it would probably tip you over the edge.

Roundhead89 said :

Eastman was already mentally disabled and I would imagine that after 18 years in jail he would now be classified as criminally insane – severe mental illness induced or exacerbated by incarceration.

If the push is on to release Schapelle Corby on compassionate grounds then Eastman should also be released.

You make it sound like he’s batshit crazy, sitting in his cell all day trying to chew his own face and rubbing his poo on the walls. There’s no denying he’s mentally unwell, but he is also very intelligent and I think he knows exactly what he’s doing (doesn’t mean it would make sense to anyone else though). If he is so mentally ill, then maybe they should hurry up and get on with the inquiry without him. I doubt he has much to contribute anyway.

As for comparing a cannabis smuggler to a murderer…not quite sure what to say to that. What compassionate grounds would you think are applicable to Eastman? As it stands, he is a convicted murderer. Until that is proven otherwise, he deserves jack s***.

bundah said :

Roundhead89 said :

Eastman was already mentally disabled and I would imagine that after 18 years in jail he would now be classified as criminally insane – severe mental illness induced or exacerbated by incarceration.

If the push is on to release Schapelle Corby on compassionate grounds then Eastman should also be released.

If he’s criminally insane then all the more reason for him to remain incarcerated.

Bundah, the whole point of the exercise is not if he is mad but whether he pulled the trigger on Eastman?
The answer to the first question may well be yes but the second…

Roundhead89 said :

Eastman was already mentally disabled and I would imagine that after 18 years in jail he would now be classified as criminally insane – severe mental illness induced or exacerbated by incarceration.

If the push is on to release Schapelle Corby on compassionate grounds then Eastman should also be released.

So I take it you would have no problems if they released Ivan Milat as well since he is obviously insane eating razor blades and chopping his finger off for amusement.

Roundhead89 said :

Eastman was already mentally disabled and I would imagine that after 18 years in jail he would now be classified as criminally insane – severe mental illness induced or exacerbated by incarceration.

If the push is on to release Schapelle Corby on compassionate grounds then Eastman should also be released.

If he’s criminally insane then all the more reason for him to remain incarcerated.

Eastman was already mentally disabled and I would imagine that after 18 years in jail he would now be classified as criminally insane – severe mental illness induced or exacerbated by incarceration.

If the push is on to release Schapelle Corby on compassionate grounds then Eastman should also be released.

johnboy said :

He’s certainly an arsehole in my opinion.

whether he’s guilty or not I’m less certain of.

I’m curious, what part makes you doubt his guilt? There have been many trials, inquests… evidence and he’s not exactly making things easy for all involved, he seems determined to drag the process on as long as possible. If I was an innocent, I certainly wouldn’t be doing things that were to work against my own case at every opportunity.

Seems not to be the actions of a guy who wants to clear his name, more like the actions of a guy who was caught and is angry at the world for whatever reason and seems to want to punish everyone in whatever way he can.

Mr Eastman is a very unwell man and an incredibly difficult and irritating person to deal with.

I agree that I am personally happier he is not at liberty in Canberra, but I am not at all certain he is guilty of the crime. That is troubling.

So in the brief 30 seconds of searching and reading, this guy got booted from the PS because he was unhinged / had a temper issue. So in his mind that equaled to the world going out of its way to get him… then his temper going off on a trivial issue which then ended up with the guy getting arrested which then in his mind added police to his list of those out to keep him down. Then killing the AFP guy because he was one of them?

So in summary this guy is a bit smarter than your average meathead but not much more, can’t take ownership of his own mistakes. Its always someone else. Then to make it a pain for all those involved, stall stall stall at all costs and at every step of the way.

So i’d be right to say that this guy is just an asshole?

He’s certainly an arsehole in my opinion.

whether he’s guilty or not I’m less certain of.

His favourite tactic during his many court cases prior to that for killing Winchester: getting the magistrates to disqualify themselves for various reasons. He’s worked his way through the legal firms of Canberra too, sacking every lawyer who represents him. Racks up time, racks up costs

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