Ram Tiwari was proven innocent by Australia court, SAF should continue his contract

[Leongsam]

Re: Ram Tiwari was proven innocent by Australia court, SAF should continue his contra

There is no mango, no durian no watermelon. If you bring me what appears to be a watermelon and cannot prove it to be an orange then in the 2 hypothesis scenario it is an apple. Failure to prove guilt = innocence

In mathematics, your argument is sound. However, the British common law system isn't as precise as mathematics is.

In NZ, there are only two options "guilty" / "not guilty" as the system is very similar to Australia's. However, there have been numerous cases where someone who was found guilty and served jail time was later released from jail because evidence surfaced which raised reasonable doubt. For such defendants to receive compensation however, they still had to go about PROVING that they were innocent before compensation claims could commence.

In all the cases where compensation was granted for wrongful conviction, the deciding factor was DNA evidence which is irrefutable.

Since NZ distinguishes between "not guilty" and "innocent" when it comes to deciding compensation, I'm sure Australia is similar.

Google "David Bain". It's a very interesting case.

 

[mulvi74]

Re: Ram Tiwari was proven innocent by Australia court, SAF should continue his contra

As I understand they cannot appeal an acquittal on appeal (double jeopardy)
They could have proceeded if the appeal court had quashed the conviction and ordered a retrial but the appeal court acquitted
Reading he judgement it appears the initial crime scene work was a a bit shoddy and not as thorough as it should have been
To be expected when cops are inherently thick, blue collar workers in intelligence but want a cushy job because they are lazy fucks

 

[CLIMAX]

Re: Ram Tiwari was proven innocent by Australia court, SAF should continue his contra

So not guilty does not mean innocent?

 

[Leongsam]

Re: Ram Tiwari was proven innocent by Australia court, SAF should continue his contra

This I am aware. It is notable in the case of Ram Tiwary that the prosecution chose not to appeal the successful acquittal. He spent 8 years in jail and the prosecution chose not to appeal. That speaks for itself.

Australian prosecutors aren't like the pitbulls you find in Singapore who do the dirty work of the govt. They choose their battles because of limited resources and probably decided that it simply wasn't worth the trouble. It is by no means an endorsement of innocence.

I'm no lawyer. I leave it to the great legal minds in this forum to clarify matters.

 

[ray_of_hope]

Re: Ram Tiwari was proven innocent by Australia court, SAF should continue his contra

No appeal against Tiwary acquittal
By Sujin Thomas
my paper
Tuesday, Oct 09, 2012

Australian prosecutors have decided not to appeal against the acquittal of Singaporean Ram Puneet Tiwary, who was freed in July after spending eight years in a New South Wales (NSW) jail.

The confirmation came yesterday in an e-mail statement to my paper from the Office of the Director of Public Prosecutions NSW. A spokesman for the office did not state the grounds of the decision.

"There will be no further comment issued on the matter," said the spokesman.

Mr Tiwary, 33, was acquitted of the double murders of his Singaporean flatmates, Mr Tony Tan Poh Chuan, 27, and Mr Tay Chow Lyang, 26.

The three Singaporeans, who were enrolled in the University of New South Wales, were sharing a flat in the Sydney suburb of Kingsford at the time.

On Sept 15, 2003, both Mr Tan and Mr Tay were bludgeoned and stabbed in the flat, while Mr Tiwary claimed to have been asleep in his bedroom. He was arrested in 2004, and convicted of both murders.

He was jailed for life without prospect of parole.

A retrial was ordered in 2008, when an appeals court found that the judge in the first trial had instructed the jury improperly. In 2009, a second jury also found Mr Tiwary guilty and he was sentenced about a year later, to a maximum of 48 years in jail.

On July 26, the New South Wales' Court of Criminal Appeal acquitted him, following two days of hearing, and its grounds for making the decision were released on Sept 10.

The 56-page judgment said that three unknown people who drove Mr Tan home on the day of the killings may well have been responsible for the murders. The white vehicle was never traced and those in the car have never come forward to assist police, despite media coverage of the murders.

This mystery, along with the lack of forensic evidence linking Mr Tiwary to the murders, was enough to cast reasonable doubt upon his guilt.

The prosecution had 28 days to appeal against the judgment, and this lapsed last week.

Yesterday, Mr Tiwary's lawyer and cousin, Mr Ramesh Tiwary, told my paper: "An appeal was very unlikely as the acquittal was (based) on facts."

Mr Tiwary, who was detained at Villawood Immigration Detention Centre awaiting deportation, returned to Singapore late last month.

"An appeal was very unlikely as the acquittal was (based) on facts."

- Mr Ramesh Tiwary, lawyer and cousin of Mr Ram Puneet Tiwary

[email protected]

http://news.asiaone.com/News/Latest+News/Singapore/Story/A1Story20121009-376393.html

 

[mulvi74]

Re: Ram Tiwari was proven innocent by Australia court, SAF should continue his contra

In mathematics, your argument is sound. However, the British common law system isn't as precise as mathematics is.

In NZ, there are only two options "guilty" / "not guilty" as the system is very similar to Australia's. However, there have been numerous cases where someone who was found guilty and served jail time was later released from jail because evidence surfaced which raised reasonable doubt. For such defendants to receive compensation however, they still had to go about PROVING that they were innocent before compensation claims could commence.

In all the cases where compensation was granted for wrongful conviction, the deciding factor was DNA evidence which is irrefutable.

Since NZ distinguishes between "not guilty" and "innocent" when it comes to deciding compensation, I'm sure Australia is similar.

As I understand compensation in oz is only paid if there is proven to be misconduct (police, prosecution etc) that allowed the conviction to be obtained (eg evidence planted). In oz we only have guilty or not guilty. Same as England. Scotland has the 3rd verdict. Google mark Standen and see why our appeal courts will be overflowing With retrials for convictions obtained on the evidence and investigations of this officer who is now doing 15 years for attempting to import 200kgs