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Wrongly Convicted Database Record
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Charge: |
Rape |
Sentence: |
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Years Imprisoned: |
0.58 |
Year Crime: |
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Year Convicted: |
1996 |
Year Cleared: |
1997 |
U.S. State or Country of Crime: |
Australia |
County or Region of Crime: |
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City of Crime: |
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Result: |
Judicially Exonerated Released |
Summary of Case: |
Ryan D'Orta-Ekenaike was wrongly convicted of rape in 1996 based on an erroneous eyewitness identification. Conviction reversed in 1996 and released pending retrial after 7 months imprisonment. Acquitted after a retrial.in 1997. Filed suit about 1997 to collect compensation from his lawyer and the Victorian Legal Aid. He claimed they advised him that he had no defence to the rape charge. In March 2005 the Australian High Court ruled in favor of continuing the Australian rule prohibiting client suits against their lawyer - no matter how negligent their courtroom conduct. The Court extended the rule to cover out-of-court advice given by lawyers. |
Conviction Caused By: |
Erroneous eyewitness testimony. |
Innocence Proved By: |
Acquitted after retrial. |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
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Information Source 1: |
"Barristers Keep Immunity to Law Suits, Norrie Ross (staff), Courier-Mail, Brisbane, March 11, 2005" |
Information Location 1: |
"http://www.thecouriermail.news.com.au/common/story_page/0,5936,12504289%255E953,00.html" |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org