The Facts: A Complete Timeline
A comprehensive account of events from wrongful conviction through acquittal, based on court records and official findings.
The Charge
- Charged with a single offense
- NOT sexual abuse as some misleading articles state
- NOT multiple charges
- Original barrister failed to obtain crucial exculpatory evidence
Wrongful Imprisonment
- Spent 15 months in prison for a crime not committed
- Exculpatory evidence existed but was not obtained by barrister
- Evidence matched the original accusation date, of which the accused had an alibi, and strongly suggested the offense could not have occurred
The Appeal
- Successfully appealed, with 4 winning grounds
- Supreme Court of Appeals found barrister's conduct equivalent to negligence
- Court noted records "strongly suggested that offence could not have been committed on 3 February 2012"
- Evidence had "the potential to significantly undermine the complainant's evidence"
The Retrial
- Retrial conducted with previously excluded exculpatory evidence
- Retrial judge noted "there is also an issue about whether the incident happened at all"
- Full presentation of evidence that original barrister failed to obtain
Acquittal
- Jury returned NOT GUILTY verdict
- Deliberation lasted approximately 30 minutes
- Complete exoneration after presentation of full evidence
Professional Conduct Findings
- Legal Practice Board of Western Australia (LPBWA) found barrister guilty of unsatisfactory professional conduct
- Barrister fined $2,000 by LPBWA
- Civil action against barrister failed due to advocate's immunity interpretation
Summary
The timeline clearly demonstrates a miscarriage of justice caused by barrister negligence. Exculpatory evidence that should have been obtained during the original trial was only presented during the appeal and subsequent retrial.
The Supreme Court of Appeals explicitly found that this evidence "strongly suggested that offence could not have been committed" and had the potential to "significantly undermine the complainant's evidence."
When presented with the complete evidence at retrial, the jury deliberated for approximately 30 minutes before returning a NOT GUILTY verdict, demonstrating how clear the evidence of innocence was when properly presented.