Enact Second Appeal System in Victoria
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The human rights commission of Australia has stated that the criminal appeal system as it currently stands in Victoria is in breach of Australia's international human rights obligations - it does not guarantee the right to a fair trial or the right to an effective appeal. That is clearly unacceptable.
Excluding South Australia and Tasmania every other state in Australia once you have exhausted all appeals, your only hope of ever getting let out of jail is via a Petition of Mercy to the Attorney General of the state you reside in. And even then the AG doesn't have to look at any new evidence... even if you have got the evidence that shows that the person is innocent. In Victoria we only have a one appeal process. Most people don't realize the appeal process in this state is based on ONLY what you submit in your first trial, unless you have absolute FRESH evidence, so when you do have new evidence, its too bad you need to stay there and do your time, regardless if you are possibly innocent.
The solution is simple enact a law for a secondary appeal in this state. Everyone is entitled to a fair and just hearing, and why are Victorians being treated as second class citizens - why is it that Tasmanian's and South Australians get that right to a second appeal but we don't in Victoria. Are we not all Australians??
Perhaps it is the worry of the politicians that if they pass this bill that every 'criminal' will want to submit new evidence... well let them.. the rules still apply... the evidence presented must still pass the rules of law for admissibility. And why is it that the Attorney General gets to decide a persons fate with no legal guiding principle in play, and needs to give no reason and is done so behind closed doors?
I can speak from personal experience. In 2016, my husband, a father of two was jailed for over 10 years for a fatal car accident in the state of Victoria, Australia.
At the trial, police admitted the precise location of collision could not be determined, yet he was charged based on the theory that he had hit the other car from behind. That was the first of many flaws and distortions to be uncovered. Despite the evidence (or lack there off), my husband was convicted and jailed, leaving me (his wife) of 12 years to carry on as, effectively, a single mother.
My story of unearthing the truth of what really happened on that day as well as the subsequent events that continue to arise since his incarceration showcase a negligent investigation, incompetence of counsel and all the associated elements of a miscarriage of justice. But given I have this evidence and because we have exhausted our one appeal and high court appeal, the truth is to remain buried. I have detailed this all on www.hmprisonwife.com
Its time Victoria stands up and takes note of its inconsistencies within its own judicial system. EVERYONE in Australia regardless of past, present actions, race, culture or identity should be able to have a fair and equal go in this country. This step in signing this petition is a first step in the direction of fairness for all. I urge you to sign this petition because what happened to us could happen to any body. Your life can change in a blink of an eye. It took a tragedy for me to open my eyes to see a grander problem before all of us... that affects all of us, but is un-known to everyone. Its time to speak up Victoria.... its time to fight for our rights! Sign this petition and find out more and keep up to date at https://www.miscarriageofjusticeorganisation.com.au
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