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Eastman to seek re-opening of appeal

By Thumper - 26 September 2007 31

The SHM is reporting that David Eastman, sentenced to life imprisonment for shooting and killing Assistant Commissioner Colin Winchester in 1989 is seeking to have his appeal reopened.

His previous appeal, in 1999 and 2000 both failed.

A judicial review of his case was ordered in 2003, with Eastman arguing he was not fit to plead at the time of his trial in 1995

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31 Responses to
Eastman to seek re-opening of appeal
Jazz 12:08 pm 26 Sep 07

JR,

we’re working on new features it just takes us a bit of time to implement between our day jobs.

As for the topic at hand i’m not denying the right to appeal where new evidence comes to light. I dont think that this is the case here as ant mentions in his post above. In this instance its about the conduct of the trial, NOT the evidence.

ant 11:48 am 26 Sep 07

During the original trial, and subsequent appeals, Eastman’s legal people attempted the mental illness tack, but Eastman would overturn it. I’m surprised he’s using this pretext to appeal, and suspect that at some point, he’ll back down on the mental thing and try to use some other pretext.

Jonathon Reynolds 11:34 am 26 Sep 07

@Jazz

It is a matter of balance.

You may feel strongly in this particular case because with the information you have available, you feel that the individual is guilty “beyond reasonable doubt”.

But stop for a second.

Think about the cases where people have been found guilty and incarcerated for long periods, only for it to be revealed later that they actually innocent.

Typically this may discovered many years later when the original perpetrator eventually confesses, new evidence comes to light, or it could be due to an original miscarriage of justice (whatever reason – does it really matter?). Would you still consider curtailing the incarcerated individuals’ right to appeal, given that is only known with hindsight that their protestations of innocence were true?

bonfire 11:30 am 26 Sep 07

eastman is a patsy.

crime – nutter – arrest – result.

im not convinced – on the evidence ive seen – that he is guilty.

one day a book will be written about this.

Jonathon Reynolds 11:20 am 26 Sep 07

Damn I wish we could have a feature to allow us to re-edit our own comments on the site… so hard to edit in a tiny text box.

I meant to say:
But our system of justice does not allow denying an individual to have the merit of their argument tested.

Jazz 11:17 am 26 Sep 07

I’m not going to JR mostly cause i have no interest in running for public office (I like to keep my skeletons where they are, thank you.)

I don’t consider ‘Fair opportunity’ to be going back over the same material repeatedly with a different tack.
“Oh, sorry your honor, my last approach didnt get me acquitted so i’d like to try this one now”

If you jump off a cliff without a parachute and hurt yourself are you going to start asking god for another go at it. “Please god, i didnt land right that time, can i have a do over”?

Jonathon Reynolds 11:14 am 26 Sep 07

@asp

If the case has no merit then it will be thrown out of court. But our system of justice does not allow deny an individual to have the merit of their argument tested.

Jonathon Reynolds 11:09 am 26 Sep 07

@Jazz

Simply the rights are afforded ANY individual through application of the current legislation.

If you do not like the legislation as it currently stands then I suggest that you stand for public office and put forward alternatives you would prefer to see.

Better still perhaps you could perhaps outline what you consider a fair revision of the legislation covering the right to appeal here? Surely it shouldn’t be hard to summarise all the possible applicable circumstances that are currently covered whilst taking into account the applicable case law that has been built up over time in to a paragraph or two?

asp 11:06 am 26 Sep 07

You shouldn’t judge a book by its cover. But this guy is so obviously unstable and so obviously guilty. If he wasn’t fit to pleade in 95, why didn’t anyone realise, not least of which his lawyer.
Throw the case out and throw Eastman (proberly restrained) in the lake.

Mr Evil 10:59 am 26 Sep 07

JR, I do understand the right to appeal, but how many times should one have the right to do so is what I was questioning.

He’s had two goes already, isn’t that enough?

“He’s representing himself you monkeys.”

So? It still cost a hell of a lot of money to hear these appeals – regardless of whether he represents himself or not.

Jazz 10:47 am 26 Sep 07

What exaclty consititues ‘fair opportunity’ Jonathon? Surely Eastman’s successive attempts at appeal have already exhausted that?

As for the Judiciary having capability we’ve had plenty of reason to question their judgement on this site before now.

Jonathon Reynolds 10:38 am 26 Sep 07

@Mr Evil

You should consider yourself fortunate that we live in a country that does allow relatively exhaustive rights to appeal. Our judicial system ensures that people who feel that they have been incorrectly found guilty and incarcerated are given fair opportunity to prove their innocence.

No matter how you may personally feel about the merit (or lack thereof) of the Eastman case, natural justice and due process has to be followed. Have faith in the judiciary that they capable of properly assessing the matter before them.

caf 10:28 am 26 Sep 07

He’s representing himself you monkeys.

Maelinar 10:25 am 26 Sep 07

3 attempts and then automatic Guillotine.

The savings would be incredible, as would the burden on society.

Mr Evil 9:45 am 26 Sep 07

Great, another taxpayer funded waste of time and energy.

Isn’t there a limit to how many times someone can appeal?

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