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Wrongly Convicted Database Record
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Charge: |
Manslaughter |
Sentence: |
7 years 6 months |
Years Imprisoned: |
4.67 |
Year Crime: |
2010 |
Year Convicted: |
2014 |
Year Cleared: |
2017 |
U.S. State or Country of Crime: |
Australia |
County or Region of Crime: |
Western Australia |
City of Crime: |
Broome |
Result: |
Judicially Exonerated |
Summary of Case: |
"Gene Gibson was wrongly convicted on October 22, 2014 of manslaughter in the death of Josh Warneke on February 26, 2010 outside Broome, Western Australia, Australia. Warneke's beaten body was found on the side of a Broome highway after he had left a nighclub that night. Gibson, an Aborigine who lived in the remote Kiwirrkurra Aboriginal community, was arrested on August 16, 2012 and charged with murder. However, prosecutors downgraded it to manslaughter on their admission their evidence didn't support a murder prosecution. Gibson's prosecution was based on incriminating statements by two female witnesses, and his confession to police after they showed him photographs of Warneke's body where it was found beside a road, and told him they had two witnesses he committed the crime. Gibson recanted his confession as coerced by police who kept asking him over and over and over "if I killed the white boy," and he said he did to make them stop. The botched handling of Gibson's police interrogations resulted in the trial judge ruling his confession was inadmissible. With only the two witness statements as evidence against him, Gibson pled guilty on the advice of his lawyer. On October 22, 2014 Justice Lindy Jenkins sentenced Gibson to 7-1/2 years in prison, with him eligible for parole in 5-1/2 years. Gibson has impaired cognitive and language skills. On June 20, 2016 Gibson filed a notice of appeal and application for an extension of time to appeal. Gibson sought the appeal to withdraw his guilty plea on the basis he didn't understand what he was doing. Warneke's mother didn't believe Gibson committed the crime, and she campaigned on his behalf. Gibson's appeal was supported by the evidence of expert witnesses he was unable to intelligently understand the consequences of pleading guilty because of his limited English skills, which was compounded by his mental impairment. It was also supported by the recantation by the two witnesses of their statements implicating Gibson. On November 8, 2016 Gibson was granted leave to appeal. On April 3 to 6, 2017 the Western Australia Court of Criminal Appeals held a hearing regarding Gibson's appeal and application for an extension of time to appeal. On April 12, 2017, by a unanimous vote, the WACCA issued orders that allowed Gibson's appeal, set-aside his guilty plea and conviction, and that a judgment of acquittal would be entered. He was released later that day after four years and eight months in custody. On July 28, 2017 the WACCA published its written ruling stating its reasons for quashing Gibson's conviction and ordering his acquittal. In July 2017 it was reported in Perth Now that the Western Australia government increased its reward from AUS$100,000 to AUS$250,000 for information leading to the conviction of Warneke's killer. It was also reported in July 2017 that Gibson was seeking ex gratia compensation for his wrongful imprisonment from the Western Australian government. On April 18, 2018 Western Australia Attorney-General John Quigley announced the State would pay AUS$1.5 million in compensation to Gibson, of which Gibson would receive AUS$1.3 million (US$1,014,000), and AUS$200,000 was to be set-aside for the management fees of the Public Trustee." |
Conviction Caused By: |
Perjury by prosecution eyewitnesses. |
Innocence Proved By: |
"On April 12, 2017 the Western Australia Court of Criminal Appeals unanimously quashed Gibson's conviction, and he was released later that day after four years and eight months in custody." |
Defendant Aided By: |
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Compensation Awarded: |
"AUS$1.3 million (US$1,014,000) (Western Australia, 4-18-2018) (An additional AUS$200,000 was to go to management fees of the Public Trustee.)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
21 |
Age When Released: |
25 |
Sex: |
Male |
Skin/Ethnicity: |
Aborigine |
Information Source 1: |
"Gene Gibson freed as conviction for Broome manslaughter of Josh Warneke quashed, By Staff, ABC.net.au, April 12, 2017" |
Information Location 1: |
http://www.abc.net.au/news/2017-04-12/gene-gibson-josh-warneke-manslaughter-conviction-quashed-appeal/8436550 |
Information Source 2: |
"Josh Warneke's family shocked at the seven year jail sentence given to Gene Gibson, By Andrew O'Connor, ABC.net.au, October 22, 2017" |
Information Location 2: |
http://www.abc.net.au/news/2014-10-22/gibson-sentened-over-josh-warnekes-death-in-broome/5834004 |
Information Source 3: |
"Wrongly jailed Gene Gibson wants compensation, By AAP, PerthNow.com.au, July 27, 2017" |
Information Location 3: |
http://www.perthnow.com.au/news/western-australia/wrongly-jailed-gene-gibson-wants-compensation/news-story/e8c867f681ffd82d2028999a0db538d2 |
Information Source 4: |
Gibson vs. The State of Western Australia [2017] WASCA 141 (28 July 2017) (Quashing guilty plea and conviction.) |
Information Location 4: |
http://www.austlii.edu.au/au/cases/wa/WASCA/2017/141.html |
Information Source 5: |
"Indigenous man granted $1.3m compensation for wrongful conviction, By Calla Wahlquist, The Guardian, April 18, 2018" |
Information Location 5: |
https://www.theguardian.com/australia-news/2018/apr/18/indigenous-man-granted-13m-compensation-for-wrongful-conviction |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org