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Wrongly Convicted Database Record
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Charge: |
Murder |
Sentence: |
Life Imprisonment |
Years Imprisoned: |
12 |
Year Crime: |
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Year Convicted: |
1994 |
Year Cleared: |
2006 |
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: |
"Andrew Mallard was wrongly convicted of murdering a female jeweler in 1994. Australia's High Court quashed Mallard's conviction in November 2005, and he was released on February 22, 2006 when the prosecutor decided there was insufficient evidence to support Mallard's retrial. Mallard was awarded an interim ex gratia compensation payment of $155,160 (U.S.) in November 2006. (The actual award was $200,000 (AUS).) Mallard filed a lawsuit naming as defendants: eight police officers, Western Australia's Director of Public Prosecutions and his deputy, the State of Western Australia, the Perth Police Commissioner, the Police Minister and others he alleged were involved in his wrongful conviction. In mid-May 2009 Mallard accepted Western Australia's Attorney-General Christian Porter offer of an ex gratia payment of $3.25 million. AG Porter said of the offer: “It is quite literally a gift to Mr Mallard and it is given in recognition of the circumstances that Mr Mallard has endured by virtue of his conviction and later imprisonment. It’s not a compensation for any loss of earnings. . . it is not compensation for the physical time spent in custody.”" |
Conviction Caused By: |
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Innocence Proved By: |
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Defendant Aided By: |
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Compensation Awarded: |
"AUS$3.25 million (May 2009), $155,160 ($200,000 AUS) (Nov. 2006) " |
Was Perpetrator Identified? |
Yes |
Age When Imprisoned: |
30 |
Age When Released: |
42 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"I thought the system was out to get at me, Colleen Egan, The Sunday Times, Perth, Western Australia, February 26, 2006" |
Information Location 1: |
"http://www.sundaytimes.news.com.au/common/story_page/0,7034,18272331%255E2761,00.html" |
Information Source 2: |
"Mallard gets $200,000 'compensation, The West Australian, November 22, 2006" |
Information Location 2: |
http://www.thewest.com.au/default.aspx?MenuID=145&ContentID=14008 |
Information Source 3: |
"Mallard accepts $3.25 million ex gratia payment, ABC News, May 25, 2009" |
Information Location 3: |
http://www.abc.net.au/news/stories/2009/05/25/2579804.htm?section=australia |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org