Wrongly Convicted Database Record
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Charge: |
Assault (Including Battery) |
Sentence: |
Good behavior bond |
Years Imprisoned: |
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Year Crime: |
2006 |
Year Convicted: |
2007 |
Year Cleared: |
2008 |
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 |
Summary of Case: |
One of the Bermagui Five co-defendants. Four of the defendants aboriginal were convicted in 2007 of affray (brawling) and one of affray and assault following a late-night fight that erupted when a group of white men in three cars set upon them in the front yard of the aboriginies homes at Bermagui on the NSW South Coast in October 2006. They were sentenced to good behavior bonds allowing their release provided on them not committing any other offenses. In December a New South Wales Supreme Court judge quashed all their convictions on the basis that their statements relied on to convict them were invalid because they were obtained in violation of rules intended to ensure the reliability of police statements by aborigines. |
Conviction Caused By: |
Statements obtained by the police in violation of the law protecting aborigines from interrogation without an attorney present. |
Innocence Proved By: |
New South Wales Supreme Court Justice overturned the convictions of all five co-defendants on the grounds that their statements relied on to convict them were invalid because they were obtained in violation of rules intended to ensure the reliability of police statements. |
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: |
"Convictions quashed because police broke rules, Sydney Morning-Herald, December 15, 2008" |
Information Location 1: |
http://www.smh.com.au/articles/2008/12/14/1229189446298.html?feed=fairfaxdigitalxml |
Information Source 2: |
"Police unfairly targeted Aborigines in racial brawl, court told, Sydney Morning-News, March 12, 2008" |
Information Location 2: |
http://www.smh.com.au/news/national/police-unfairly-targeted-aborigines-in-racial-brawl-court-told/2008/03/11/1205125911488.html |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org