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Wrongly Convicted Database Record
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Charge: |
Rape |
Sentence: |
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Years Imprisoned: |
1.5 |
Year Crime: |
2006 |
Year Convicted: |
2008 |
Year Cleared: |
2009 |
U.S. State or Country of Crime: |
Australia |
County or Region of Crime: |
Victoria |
City of Crime: |
Melbourne |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Farah Jama was wrongly convicted of raping a woman in a Melbourne, Australia nighclub's toilet stall in 2006. Farah Jama was convicted solely on the basis of DNA evidence linking him to the attack. Jama claimed he had not been at that club the night of the allged assault, and he was home all evening. The woman had passed out in the toilet stall and she had no recollection of any assault, but believed that she had been raped. She also said she had not seen any dark-skinned men in the club, and Jama is dark-skinned. It was later discovered that Jama's DNA had mistakenly been identified as coming from a swab from the alleged rape victim, when it actually came from a DNA sample taken by the lab from him in an unrelated matter the day before. On November 18, 2009, the Victoria Court of Appeal ordered Jama released on bail pending the court's decision in his case. On December 7, 2009 Victoria's Court of Appeal acquitted Jama based on the bungled DNA tests that falsely implicated him. During the hearing the prosecution conceded that there may have been no crime committed, because the woman had no recollection, and there was no DNA recovered from the swabs taken from her. Jama was awarded ex gratia compensation of AUS$550,000 in June 2010. The settlement equaled US$480,645 (AUS$1=US$.8739 exchange rate on June 28, 2010.)" |
Conviction Caused By: |
Erroneous DNA test that falsely implicated Jama in the alleged crime. |
Innocence Proved By: |
"On December 7, 2009 Victoria's Court of Appeal acquitted Jama based on the bungled DNA tests that falsely implicated Jama, and the prosecution's concession that the woman may not even have been raped at all, so no crime occurred." |
Defendant Aided By: |
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Compensation Awarded: |
"AUS$550,000 (June 28, 2010) (US$480,645 at exchange rate on 6-28-2010)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
21 |
Age When Released: |
23 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"Farah Jama, wrongly convicted of rape, walks free after prosecutors admit there may not have even been a crime, By Elissa Hunt (staff), Herald Sun (Melbourne), December 7, 2009" |
Information Location 1: |
http://www.heraldsun.com.au/news/man-jailed-for-rape-has-conviction-overtuned-after-revelation-that-dna-evidence-may-have-been-contaminated/story-e6frf7jo-1225807656413 |
Information Source 2: |
"DNA fiasco: rape conviction quashed, By Kate Hagan (staff), The Age (Melbourne), December 8, 2009" |
Information Location 2: |
http://www.theage.com.au/national/dna-fiasco-rape-conviction-quashed-20091207-kfc3.html |
Information Source 3: |
"$550,000 settlement in wrongful rape case, By Steve Lillebuen (staff), Herald Sun (Melbourne, AUS), June 29, 2010" |
Information Location 3: |
http://www.heraldsun.com.au/news/national/k-settlement-in-wrongful-rape-case/story-e6frf7l6-1225885888394 |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org