26 December 2010

Hunting down the cold cases

| johnboy
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The Canberra Times reports that Canberra now has a cold case unit headed by Brett McCann.

The team of six will be looking for the as yet unknown killers of Frank Campbell, Susan Winburn, Kathryn Grosvenor, Irma Palasics, Keren Rowland and Allen Redston.

If nothing else hopefully some loathsome bastards will lose a bit of sleep over this news.

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cleo said :

Why wouldn’t the families want to find their loved ones, and what happened to them, at least the families can put their loved ones to rest, and rest themselves, as they would always be thinking where are they and what happened to them. It would be a nightmare for them.

The family obviously want to know what happened, why it happened and see justice served. But for .
some of the family members it will not reverse the fact that they lost a loved one to a murder. Seeing a conviction changes nothing of the crime, the way it was investigated, the despair and the isolation that comes with such an experience. Crimes of this type mostly become a source of intrigue and entertainment for the public. And that is fine. If they knew what a murder investigation really brings, they would never buy another newspaper or watch any more television. But behind all the articles, the news clips, the rumors and innuendo, there is a lasting anguish for the family that will forever change their human experience. Solved, not solved, for some of the family members it makes no difference. There will never be a shortage of crime and criminally minded behavior in the world. And even less of a shortage of people to gossip about it. Sad but true.

creative_canberran1:22 am 05 Mar 11

vg said :

“Roderick Campbell the CT long term legal reporter thought the case against Eastman was very fishy”

Apologies for the formatting below.

I think a lot of people think Eastman has just been following one line of legal challenges, going from one court to the next. In reality, he has lodged literally dozens of actions against a multitude of parties making many different arguments in the years following his failed 1997 appeal. They’re listed below:

Later Proceedings of [Eastman v The Queen, 76 FCR 9]
Affirmed by – Eastman v The Queen (2000) 172 ALR 39, 203 CLR 1[PDF], 74 ALJR 915, [2000] HCA 29
Later Proceedings – Director of Public Prosecutions (ACT) v Eastman (2002) 130 A Crim R 588[PDF], [2002] ACTSC 35[DOC], [2003] ALMD 2366
Reversed in part by – Director of Public Prosecutions (ACT) v Eastman (2002) 118 FCR 360[PDF], 131 A Crim R 488[PDF], 192 ALR 353, [2002] FCAFC 209[DOC]
Related Proceedings – Attorney-General (ACT) v Eastman (2008) 163 ACTR 46, 2 ACTLR 163[PDF], 227 FLR 247[PDF], [2008] ACTCA 6[RTF], [2010] ALMD 3739
Related Proceedings – Eastman v Miles (2004) 181 FLR 418[PDF], [2004] ACTSC 32[DOC], [2005] ALMD 169
Related Proceedings – Eastman v Director of Public Prosecutions (ACT) (2003) 140 A Crim R 472[PDF], 198 ALR 1, 214 CLR 318[PDF], 77 ALJR 1122[PDF], [2003] HCA 28[RTF], [2003] ALMD 4150
Related Proceedings – Eastman v The Hon Justice Besanko [2010] ACTSC 15[DOC]
Related Proceedings – Eastman v The Queen (2008) 166 FCR 579[PDF], 184 A Crim R 1[PDF], 248 ALR 149, [2008] FCAFC 62[DOC], [2010] ALMD 5660
Related Proceedings – Attorney-General (ACT) v Eastman (2008) 163 ACTR 46, 2 ACTLR 163[PDF], 227 FLR 247[PDF], [2008] ACTCA 6[RTF], [2010] ALMD 3739
Related Proceedings – Eastman v Attorney-General (ACT) (2007) 210 FLR 440[PDF], [2007] ACTSC 28[DOC], [2009] ALMD 1737
Related Proceedings – Eastman v Minister for Corrective Services (2004) 181 FLR 447[PDF], [2004] ACTSC 33[DOC], [2005] ALMD 171
Related Proceedings – Eastman v Miles (2004) 181 FLR 418[PDF], [2004] ACTSC 32[DOC], [2005] ALMD 169
Related Proceedings – Eastman v Director of Public Prosecutions (ACT) (2003) 140 A Crim R 472[PDF], 198 ALR 1, 214 CLR 318[PDF], 77 ALJR 1122[PDF], [2003] HCA 28[RTF], [2003] ALMD 4150
Related Proceedings – Director of Public Prosecutions (ACT) v Eastman (2002) 118 FCR 360[PDF], 131 A Crim R 488[PDF], 192 ALR 353, [2002] FCAFC 209[DOC]
Related Proceedings – Eastman v The Queen (2008) 166 FCR 579[PDF], 184 A Crim R 1[PDF], 248 ALR 149, [2008] FCAFC 62[DOC], [2010] ALMD 5660
Special leave to appeal refused by – Eastman v The Queen [2008] HCASL 550
Related Proceedings – Attorney-General (ACT) v Eastman (2008) 163 ACTR 46, 2 ACTLR 163[PDF], 227 FLR 247[PDF], [2008] ACTCA 6[RTF], [2010] ALMD 3739
Special leave to appeal refused by – Eastman v Australian Capital Territory [2008] HCASL 553
Related Proceedings – Eastman v Attorney-General (ACT) (2007) 210 FLR 440[PDF], [2007] ACTSC 28[DOC], [2009] ALMD 1737
Related Proceedings – Attorney-General (ACT) v Eastman (2008) 163 ACTR 46, 2 ACTLR 163[PDF], 227 FLR 247[PDF], [2008] ACTCA 6[RTF], [2010] ALMD 3739
Related Proceedings – Eastman v Miles (2007) 210 FLR 417[PDF], [2007] ACTSC 27[DOC], [2009] ALMD 648
Affirmed by – Eastman v Australian Capital Territory (2008) 163 ACTR 14, 2 ACTLR 199[PDF], 227 FLR 279[PDF], [2008] ACTCA 8[RTF], [2009] ALMD 1735
Special leave to appeal refused by – Eastman v The Australian Capital Territory [2008] HCATrans 339
Related Proceedings – Attorney-General (ACT) v Eastman (2008) 163 ACTR 46, 2 ACTLR 163[PDF], 227 FLR 247[PDF], [2008] ACTCA 6[RTF], [2010] ALMD 3739
Related Proceedings – Eastman v Higgins (2007) 210 FLR 464[PDF], [2007] ACTSC 29[DOC], [2009] ALMD 2178
Related Proceedings – Attorney-General (ACT) v Eastman (2008) 163 ACTR 46, 2 ACTLR 163[PDF], 227 FLR 247[PDF], [2008] ACTCA 6[RTF], [2010] ALMD 3739
Related Proceedings – Eastman v Minister for Corrective Services (2004) 181 FLR 447[PDF], [2004] ACTSC 33[DOC], [2005] ALMD 171
Related Proceedings – Attorney-General (ACT) v Eastman (2008) 163 ACTR 46, 2 ACTLR 163[PDF], 227 FLR 247[PDF], [2008] ACTCA 6[RTF], [2010] ALMD 3739
Related Proceedings – Eastman v Miles (2004) 181 FLR 418[PDF], [2004] ACTSC 32[DOC], [2005] ALMD 169
Leave to appeal refused by – Attorney-General (ACT) v Eastman (2008) 163 ACTR 46, 2 ACTLR 163[PDF], 227 FLR 247[PDF], [2008] ACTCA 6[RTF], [2010] ALMD 3739
Related Proceedings – Eastman v Director of Public Prosecutions (ACT) (2003) 140 A Crim R 472[PDF], 198 ALR 1, 214 CLR 318[PDF], 77 ALJR 1122[PDF], [2003] HCA 28[RTF], [2003] ALMD 4150
Related Proceedings – Eastman v The Hon Justice Besanko [2010] ACTSC 15[DOC]
Related Proceedings – Eastman v The Hon Justice Besanko [2010] ACTSC 16[DOC]
Related Proceedings – Eastman v Besanko (2010) 244 FLR 262[PDF], [2010] ACTCA 15[DOCX]
Related Proceedings – Eastman v Besanko (2010) 244 FLR 262[PDF], [2010] ACTCA 15[DOCX]
Related Proceedings – Attorney-General (ACT) v Eastman (2008) 163 ACTR 46, 2 ACTLR 163[PDF], 227 FLR 247[PDF], [2008] ACTCA 6[RTF], [2010] ALMD 3739
Related Proceedings – Eastman v Australian Capital Territory (2008) 163 ACTR 14, 2 ACTLR 199[PDF], 227 FLR 279[PDF], [2008] ACTCA 8[RTF], [2009] ALMD 1735
Related Proceedings – Eastman v Miles (2004) 181 FLR 418[PDF], [2004] ACTSC 32[DOC], [2005] ALMD 169
Related Proceedings – Director of Public Prosecutions (ACT) v Eastman (2002) 118 FCR 360[PDF], 131 A Crim R 488[PDF], 192 ALR 353, [2002] FCAFC 209[DOC]
Reversed by – Eastman v Director of Public Prosecutions (ACT) (2003) 140 A Crim R 472[PDF], 198 ALR 1, 214 CLR 318[PDF], 77 ALJR 1122[PDF], [2003] HCA 28[RTF], [2003] ALMD 4150
Special leave to appeal granted by – Eastman v Director of Public Prosecutions (ACT) (2002) HCATrans C10/2002
Related Proceedings – Attorney-General (ACT) v Eastman (2008) 163 ACTR 46, 2 ACTLR 163[PDF], 227 FLR 247[PDF], [2008] ACTCA 6[RTF], [2010] ALMD 3739
Related Proceedings – Eastman v Miles (2004) 181 FLR 418[PDF], [2004] ACTSC 32[DOC], [2005] ALMD 169

Now in legal theory, their is a concept… due process. I think we can all agree that Eastman has been given that and then some.

Roderick Campbell was not a lawyer. He had no legal training or any tertiary education nor any skills in theory and analysis. He later earned qualifications from UC in writing after a decade on the Public Service Board, in Defence and working part time as a taxi driver. He was said to be very good at remembering facts, an almost encyclopaedic memory. But facts and statistics rely on proper interpretation and his conclusions belong in the same arena as Pentagon Missile and Grassy Knol.

Why wouldn’t the families want to find their loved ones, and what happened to them, at least the families can put their loved ones to rest, and rest themselves, as they would always be thinking where are they and what happened to them. It would be a nightmare for them.

Katsfriend said :

Today is the ninth anniversary of Kathryn Grosvenor’s death. We remember and miss her every day. I personally am grateful that her murder has not been forgotten and the effort to find the person responsible has not been abandoned. I wish the cold case unit every success in all of their cases and offer my thanks for all that they have given of themselves.[/quote

That murder will come and go for years to come. Though it won’t make a difference for myself now if it is solve, I would like to know what happened. Not a single day has she missed here with me. I will never ever forget that year. RIP KAG

Today is the ninth anniversary of Kathryn Grosvenor’s death. We remember and miss her every day. I personally am grateful that her murder has not been forgotten and the effort to find the person responsible has not been abandoned. I wish the cold case unit every success in all of their cases and offer my thanks for all that they have given of themselves.

Serenace1 said :

I hope they get the truth of these. One in particular. I Don t have much confidence in Mcann and he is a grumpy old man.

Why don’t you have confidence in him? Genuine question.

Roderick Campbell was a reporter who never reported in context. The man worked for the CT, what can you expect.

I hope they get the truth of these. One in particular. I Don t have much confidence in Mcann and he is a grumpy old man.

Holden Caulfield11:33 pm 05 Jan 11

Welease Wodewick!

“Roderick Campbell the CT long term legal reporter thought the case against Eastman was very fishy”

Well there you go. Unequivocal evidence. A number of judges, courts, tribunals and Detectives who actually investigated the case think otherwise, but Roderick’s hunch should top it all.

Eastman may well have a difficult personality. Many murderers do

Miss Moniker # 33

Why? The Rebels bikie gang are usually behind most criminal activities in Canberra, and through Australia, I’m sure you would remember threats that were made in a certain industry, I know it was a flip remark but their is no love lost between me and this so called stand over tactics from this gang of bikies.

JustThinking6:27 pm 02 Jan 11

I think it is great!!
Sooo many people know something but never say anything…fear I guess
The internet has brought about this “idiot says all” and they seem to think noone will know.
People talk about everything online and think noone will know it is them.
Let alone mobile phones nowadays.

For all those families who thought everyone had forgotten..To now know special teams have been organised to start reinvestigating…I think just the knowledge that people have NOT forgotten will be enough…

Mr Evil said

“Its a bit of a worry that these Murders are still free amongst us.”

Rawhide, that certainly bothers me too, but the thing I find absolutely appalling is that there must be people who know what happened in many of these cases, but won’t come forward to give information to the Police. To me, they are as bad as the murderers.”

The worst part is walking down the street, or standing in line at the supermarket or even looking at your next door neighbour and wondering if that was the murderer. Knowing they are walking among us with impunity should worry most people. And +1 Mr Evil, people who have information and won’t pass it on to Police are just as bad as the murderers.

Affirmative Action Man4:13 pm 02 Jan 11

Roderick Campbell the CT long term legal reporter thought the case against Eastman was very fishy.

Anyone who followed the case closely would have seen a lot of things that were disturbing.

Coppers are just glorified public servants some good some bad some hopeless. The Chamberlain case & the recent various reviews of cases in WA show that there are plenty of instances of coppers being selective with the truth & with evidence in order to get a conviction.

If Eastman looked like Shapelle Corby he would not be in jail. Unfortunately for him he is an unlikeable pain in the arse & a fruitcake to boot.

“I always though George Bush and John Howard did it.

Well, they ordered the aircraft to crash into the twin towers didn’t they?

I don’t know anything about that, Thumper, but I do know they are both implicated in the latest Ashes fiasco.

You have to ask yourself this – how could England ever beat Australia in cricket?

“Its a bit of a worry that these Murders are still free amongst us.”

Rawhide, that certainly bothers me too, but the thing I find absolutely appalling is that there must be people who know what happened in many of these cases, but won’t come forward to give information to the Police. To me, they are as bad as the murderers.

Oh Cleo, you really are as silly as a wheel.

Maybe it was the Rebels bikie gang!

I think it was actually the Italians that were suspected of offing Winchester .. not the Asians.

Affirmative Action man – ‘Well I clearly recall that straight after Winchester was shot all the speculation was about Asian drug syndicates seeking revenge because he had pulled the plug on some dope growing scam. Suddenly Eastman appeared out of nowhere as the patsy.

Eastman is well & truly barking mad & easy to fit up.

And if he did do it he should be in the nuthouse not in jail.’

So after trials, re-trials and reviews and all our justice system could offer Eastman remains in gaol, but because you ‘recall’ ‘speculation’ about other things you think he is a ‘patsy’ and should be somewhere else, even if guilty.

Good news everyone, we don’t need a cold case team anymore.

Affirmative Action Man4:59 pm 31 Dec 10

Well I clearly recall that straight after Winchester was shot all the speculation was about Asian drug syndicates seeking revenge because he had pulled the plug on some dope growing scam. Suddenly Eastman appeared out of nowhere as the patsy.

Eastman is well & truly barking mad & easy to fit up.

And if he did do it he should be in the nuthouse not in jail.

Having already stipulated a team of locals also means that the other great cold case decider – independent review – will not occur. Arguably that should have been the first step followed then by a prioritization of effort.

Who do you suggest would conduct an independent review in the ACT? And what makes you so sure there should have been a ‘prioritisation of effort’???

Rawhide Kid Part311:34 am 30 Dec 10

Its a bit of a worry that these Murders are still free amongst us.

Maybe they can find out who really shot Winchester

Another conspiracy theory nut. Are you one of these types who thinks the American Govt flew planes into the WTC and Pentagon; thinks the holocaust never really happened etc?

Kuku # 10

I totally agree, why wait till the end of a trial to hear that the person has previous convictions, and they are dangerous, that should be brought in during the trial, and considered.

Do tell Will, avail us of your rocklessness

And David Eastman killed Winchester, please keep up

Affirmative Action Man8:47 pm 29 Dec 10

Maybe they can find out who really shot Winchester.

WillHaftewaite8:39 pm 29 Dec 10

I can confirm that there are no ill-informed or uneducated rocks at my place. They obviously are in abundance in someone else’s garden though.

The simple facts of making cold cases work is prioritization and the process of new evidence. Having adopted a mantra that all unsolved murders going back to the 1960’s will be investigated they have ensured that scarce resources will be frittered away where there was little chance of success. While this is going on then other cold cases that are not homicides but include missing people (and presumed dead), rape and other serious crimes will not be getting anywhere near the same level of attention.

Having already stipulated a team of locals also means that the other great cold case decider – independent review – will not occur. Arguably that should have been the first step followed then by a prioritization of effort.

“You cannot introduce evidence of similar behaviour as that is prejudicial to the accused. I think it was only ever successfully done once, which was in a murder trial in NSW. “

So you can introduce the said evidence. It can be admitted to prove a systematic course of conduct, and a select number of other reasons. Bad character evidence can also be admitted if the defence is stupid enough to lead evidence of good character.

I’m glad the one you’re talking about got theirs in the end. This team will e doing its best to do the same for others

Oops…Innes, Innes, Innes not McInnes.

Part of the issue is ‘similar fact’ evidence. You cannot introduce evidence of similar behaviour as that is prejudicial to the accused. I think it was only ever successfully done once, which was in a murder trial in NSW.

The person who killed my sister was caught when his DNA was taken as part of the DNA database. He was in gaol in another state serving time for an attempted murder.

That is why the Cold Case Unit’s are so good. They can devote their time to a matter and have access to evidence (such as DNA) that may not have been available at the time of the incident. I wish the D/Sgt McInnes all the best and hope they can bring closure to the cases they will be investigating.

screaming banshee10:28 am 29 Dec 10

Previous form is very relevant to sentencing, however. Or at least, it is supposed to be.

Yes, we all know that in the ACT when you commit an offence when you are on bail for comitting an offence while you were on bail for comitting and offence that was comitted while you were on bail for comitting an offence that you’ll only be given a couple more chances before Justice Higgins sends your arse straight to gaol

Cranky asked: “why is previous form not able to be brought before the court???”

A jury is not given this information prior to giving a verdict, because it inevitably leads to wrongful convictions. It is a basic tenet of human psychology, which has been proved over and over again. Give two groups of people the same set of facts, but tell one group prejudicial information as well and they will be biased against the current case, even if the person is innocent. It is a way of keeping the prosecution honest and having each case tried on its merits.

Previous form is very relevant to sentencing, however. Or at least, it is supposed to be.

It show’s bad character, the jury *might* perceive the person to be guilty because of prior convictions instead of the fact’s of the current hearing…

The AFP have achieved an enormous amount already in identifying ‘persons of interest’ for each of these crimes.

May technology (and the odd fingernail extraction) assist in bringing all of these murderers before the court.

And, as previously noted, why is previous form not able to be brought before the court???

Grumpy Old Fart7:51 pm 28 Dec 10

WillHaftewaite @12 your obvious knowledge of advances in forensic technologies is probably influencing you comments. Some of the unsolved murders date back to the late 1960’s when Police forensics were non existent. Just bear in mind many cold cases are solved using a mixture of modern forensic techniques, information collation data bases and revision by fresh eyes. The families of any murdered person wants closure and no effort should be spared as the murder of a fellow human being is the most disgusting of acts.

I would suggest you crawl back under your uninformed and uneducated rock and let the investigators get on with it.

I think the ratio of six staff for six unsolved murders has a lot more chance than 23 for 400.

Like many other I wish the team all the best and urge anyone who has any relevant information to stand up and contact crimestoppers.

ACT is one command genius.

What would your suggestion be? Not have the team because everyone else has? Save a ton of money and solve the crimes psychically?

Unless teams like this are formed ‘they’ won’t get caught. F**k me, some people know it all

WillHaftewaite9:39 pm 27 Dec 10

More than happy for the loathsome bastards that are murderers to be caught.

I don’t see how this little tiger team can do it. It appears to be another example of AFP and ACT Policing me-too style of policing. They have one – lets get one too.

The NSW Unsolved Homicide Squad has a staff of about 23 to deal with 400 cold cases. Their major problem has been one of geography where unsolved homicide when not cleared up are given back to local commands. Thats not the case here in the ACT- is it?

Captain RAAF & VG ……..So right!

Sorry Will Haftewait, your comments are insensitive and misguided. The Cold Case Teams across Australia do a fantastic job and bring a lot of comfort and closure to families.

And Gungahlin Al, yes it does screw up the Xmas’ of families when salacious details are strewn across the front page of newspapers, but the hope that someone still cares about a victim far outweighs the shock.

And how do I know this? My sister was murdered 11 years ago. She was a cold case for 9 years. I am hugely grateful to the Cold Case Team. Unfortunately the shitbag that killed her was acquitted. Shame the jury never got to know he had priors.

Good luck to this team. With the obvious exception of the victims families, it must be as galling to the police involved in a murder investigation as to anyone that the murder(s) in some cases aren’t found.

It’s also somewhat comforting to know that even though many years have passed in some cases, the Police aren’t content just to let these things go.

To those on this team, and particularly Matt Innes who I had the pleasure of going to school with, Good Luck!

“Must have seriously screwed up the Christmases of those families to have this story coming out right now…”

As opposed to all those other Xmases since their loved one was murdered that they have been unable to celebrate with them?

Or their lives that have been screwed in general since the same event.

Please, do tell. When would have been a better time so as not to offend your sensibilities? Please avail us of your vast experiences with the families of homicide victims

@#6…

So you want murderers to walk free?

Why do they re-open cold cases? New technologies, new eyes, new procedures, new evidence… There’s lots of reasons. Why now? Maybe because there are 6 to many unsolved murder cases in the ACT that ACT Policing don’t want?

How many people are reported missing in the ACT that aren’t found within a week? I think you will find that putting resources there is a waste of time and money. I don’t know maybe you know Policing better then the Police Executives.

WillHaftewaite7:54 pm 26 Dec 10

A team of 6 detectives to revise 6 unsolved murder case? Nice work if you can get it but I fail to see how this manpower would be effective unless the preceding investigations were poorly done – and there is no evidence of that. I would prefer that police resources were used to find missing people where there is at least some hope that they are alive.

Captain RAAF6:56 pm 26 Dec 10

Screwed them up? Why?? If anything, it’s the best present ever!

You think the release of this story is going to jolt these families into remembering the long lost loved one? I’d say they are foremost in thier minds, every single Xmas and this news would be welcomed. I know a lot of people here just love to crap on the CT but you’re fishing or bored…or both.

Matt Innes – the name seems somewhat familiar. Was he an upfront person in a previous well publicised investigation?

Gungahlin Al3:45 pm 26 Dec 10

Seems the CT editors are strong believers in the old newspaper adage of “if it bleeds, it leads”.

Must have seriously screwed up the Christmases of those families to have this story coming out right now…

The cold case unit is headed by D/Sgt Matt INNES, like the release says, not Brett McCANN

Good luck guys – there are some things that simply need to be finished! I really hope they get some answers for the families, the community generally…………and for themselves. They work damn hard so it will be nice to get that thing called ‘closure’.

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