A Form of Logic Not Familiar To Me.

Similar documents
The Search for a Culprit Continues

Mark Allen Geralds v. State of Florida SC SC07-716

Four Coroners for Azaria.

Bar Mock Trial Competition 2017/18. Student Role Guide: Barrister England, Wales and Northern Ireland

ANATOMY OF A LIE: THE EVIDENCE OF LES BROWN

Testimony of Detective Jimmy Patterson (2)

Case Name: R. v. Koumoudouros. Between Her Majesty the Queen, and Branita Koumoudouros. [2005] O.J. No Certificate No.

John Wickliffe House, Dunedin. Annabel Markham (Crown Law Office)

Prosecutor grilled, Bevilacqua deflected, grand jury testimony from 2003 shows

Marc James Asay v. Michael W. Moore

How to Ask for a Favor and Get It!

Philip, Deacon and Evangelist (Acts 6:1-8; 8; 21:8) By Joelee Chamberlain

From Chapter Ten, Charisma (pp ) Selections from The Long Haul An Autobiography. By Myles Horton with Judith Kohl & Herbert Kohl

2017 National Mock Trial Questions and Answers (Revised May 1, 2017) Week of April 3, 2017

DISCIPLINARY HEARING COMMISSION OF THE 13 DHC 11

/10/2007, In the matter of Theodore Smith Associated Reporters Int'l., Inc. Page 1419

1 STATE OF WISCONSIN : CIRCUIT COURT : MANITOWOC COUNTY BRANCH PLAINTIFF, JURY TRIAL TRIAL - DAY 23 5 vs. Case No.

MR. RICHARD C. MOSTY: May it please 25 the Court, ladies and gentlemen of the jury. I think that Sandra M. Halsey, CSR, Official Court Reporter 42

FOR THE HOLY SHROUD, A CRUCIAL HOUR. An interview with PETER M. RINALDI, S.D.B.

A Day In Court- A Visiting Teaching Workshop Skit

THE COURT: All right. Call your next witness. MR. JOHNSON: Agent Mullen, Terry Mullen. (BRIEF PAUSE) (MR. MULLEN PRESENT)

DOWNSTATE ILLINOIS INNOCENCE PROJECT. Latent print on Findley Bridge

Trial Roles. Attorney Witness Research Assistant Jury Prepare testimony with witnesses Prepare questions for crossexamination

Interview being conducted by Jean VanDelinder with Judge Robert Carter in his chambers on Monday, October 5, 1992.

LIABILITY LITIGATION : NO. CV MRP (CWx) Videotaped Deposition of ROBERT TEMPLE, M.D.

>> THE NEXT CASE IS STATE OF FLORIDA VERSUS FLOYD. >> TAKE YOUR TIME. TAKE YOUR TIME. >> THANK YOU, YOUR HONOR. >> WHENEVER YOU'RE READY.

Executive Power and the School Chaplains Case, Williams v Commonwealth Karena Viglianti

Gone Fishing Luke 5:1-11

Current Average Ratings by Morgan Law Firm Clients. Overall Satisfaction: 9.9 / New Client Intake Process: 9.9 / 10.0

>> THE NEXT CASE ON THE DOCKET WILL BE THE FLORIDA BAR V. ROBERT ADAMS. >> WHENEVER YOU'RE READY. >> MR. CHIEF JUSTICE, AND MAY IT PLEASE THE COURT,

DUI CONSULTANTS, LLC PENNSYLVANIA S ONLY LAW FIRM DEDICATED EXCLUSIVELY TO DUI DEFENSE CLIENT REVIEWS

Cross-Examination. Peter B. Wold. Wold Morrison Law. Barristers Trust Building. 247 Third Avenue South. Minneapolis, MN

Testimony of Fiona McBride: How Much Did She Know?

The Holy Spirit. Romans 14:15. Sermon Transcript by Rev. Ernest O'Neill

Richard van de Lagemaat Relative Values A Dialogue

GOD BEFORE GOODIES BIBLE STUDY & WEIGHT LOSS CHALLENGE BLESSED BEYOND WORDS DAY SIXTEEN

Ramsey media interview - May 1, 1997

ORAL AND VIDEOTAPED DEPOSITION OF KEN ANDERSON VOLUME 2

A Layperson s Guide to Hypothesis Testing By Michael Reames and Gabriel Kemeny ProcessGPS

Now, listen to the third and final description of the judgment. In Daniel chapter seven, now in verse 27 (Daniel 7:27 NKJV):

COX, Robert Craig (W/M) DC# DOB: 10/06/59

>> ALL RISE. SUPREME COURT OF FLORIDA IS NOW IN SESSION. PLEASE BE SEATED. >> GOOD MORNING TO BOTH OF YOU. THE LAST CASE THIS WEEK IS CALLOWAY V.

CBS FACE THE NATION WITH BOB SCHIEFFER INTERVIEW WITH ATTORNEY GENERAL ERIC HOLDER JULY 11, 2010

Court of Appeals of Ohio

My First Teaching Intuition

The Gift of the Holy Spirit. Sermon Transcript by Rev. Ernest O'Neill

John 15:18-25 Counting the Cost Tim Anderson 14/10/18

Can I Believe in the Resurrection Luke 24:1-12 Rev. Min J. Chung (Lord s Day Service, April 16, 2017)

Lucious Boyd v. State of Florida

Dana Williamson v. State of Florida SC SC

Love one another with brotherly affection. Outdo one another in showing honor (Romans 12:10)

Now you know what a hypothesis is, and you also know that daddy-long-legs are not poisonous.

A Finder's Guide To Facts

Appendix: The Logic Behind the Inferential Test

EXHIBIT 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO. LIST INTERACTIVE LTD., d/b/a Uknight Interactive; and LEONARD S.

(Witness sworn.) THE COURT: Let's proceed. NAT TOVAR, having been first duly sworn, testified as follows: DIRECT EXAMINATION

If we receive the testimony of men, the testimony of God is greater, for this is the testimony of God that he has borne concerning his Son.

Richard L. Hudson, Jr Detective Sergeant (Retired) Charlottesville Police Department Hudson Consulting and Investigations, LLC

Regina v Francis Paul Cullen (T and T ) In the Crown Court sitting at Derby. 24 March 2014

Now, I want to know, who is in charge of the dockets, who. brings the dockets to the Prosecutor? I do.

Case No D.C. No. OHS-15 Chapter 9. In re: CITY OF STOCKTON, CALIFORNIA, Debtor. Adv. No WELLS FARGO BANK, et al.

Thor Frey 'didn't have it in him' to kill, family says on first day of second trial - UPDATE

Interview With Jesus: God s Attributes & Qualities. By Jesus (AJ Miller)

Vicki Zito Mother of Trafficking Victim

Prison poems for my husband

The Man in the Mirror. Integrity: What s the Price?

AT THE BEGINNING, DURING OR AFTER. SO IF IF SOMEONE IS STEALING SOMETHING, AS YOUR CLIENT HAS BEEN ALLEGED TO HAVE DONE, AND IS CAUGHT AND IN THE

INTERVIEW OF: TIMOTHY DAVIS

September 19, 2006 Driskell Inquiry Volume 22

FILED: NEW YORK COUNTY CLERK 05/07/2012 INDEX NO /2011 NYSCEF DOC. NO RECEIVED NYSCEF: 05/07/2012

The Angry Tribe of Opinionated Professors, Part 2 of 2

Marshall Lee Gore vs State of Florida

Sample Cross-Examination Questions That the Prosecutor May Ask

AUDREY: It should not have happened, but it happened to me.

Norman Blake McKenzie v. State of Florida SC >> THE NEXT CASE ON THE COURT'S AGENDA IS MCKENZIE VERSUS STATE. >> MR. QUARLES LET'S HEAR ABOUT

Cross Examination: Exposing a Lie

Court of Appeals of Ohio

INTERVIEW WITH JOSH FLEMISTER AND CHRISTINA JANUARY 17, 2001

Welcome G U I D E T O P O S I T I V E T H I N K I N G

Caleb, A Good Spy & Warrior By Joelee Chamberlain

A BETTER STORY. Sometime when I was in elementary or middle school, a science teacher had us kids go

Interview with Ambassador Richard Butler, executive chairman of the UN Special Commission on Iraq (UNSCOM)

THE JUDICIAL MURDER OF MRS. SURRATT. by Rich Amada EXCERPT

2/23/14 GETTING ANSWERS FROM GOD

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs February 1, 2011

ON QUINE, ANALYTICITY, AND MEANING Wylie Breckenridge

I have felt the urgency to write this book for a long time. But as a youth minister and Private

Sample Questions with Explanations for LSAT India

1 STATE OF WISCONSIN : CIRCUIT COURT : MANITOWOC COUNTY BRANCH vs. Case No. 05 CF 381

Michael Ross: Case Files

Trade Defence and China: Taking a Careful Decision

Page 1 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

Come_To_Worship_Week_4 Page 2 of 10

Robert Eugene Hendrix v. State of Florida

Case 3:10-cv GPC-WVG Document Filed 03/07/15 Page 1 of 30 EXHIBIT 5

Notes for Assistance in Respect of BSB Charges

Joint Presser with President Mahmoud Abbas. delivered 10 January 2008, Muqata, Ramallah

Girding for new trial in 1993 Lockmiller murder

Module Outcomes. As a result of completing this module you will be able to: Outline the key foundations of effective Community Relations

UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT. [The R.M.C. 803 session was called to order at 1246, MJ [Col SPATH]: These commissions are called to order.

Transcription:

For The Age January 8 1986. Event: Release of the Martin Report Rejecting Calls for an Enquiry. A Form of Logic Not Familiar To Me. John Bryson reviews the N.T. Solicitor-General's Report on the Chamberlain Case The Chamberlains' solicitor, Stuart Tipple, has a law office in Gosford. The last time I was there was a year ago. When we'd finished the topic I wanted to talk about, he laid a pack of photographs on the desk. "Do you want to see the remains of Azaria Chamberlain?" he said. He had photographs of the weave in the baby's jumpsuit. They were taken through a microscope, at the High court, where all the exhibits are now. The strands looked tousled and sordid. Here were chunks of something. A piece of flesh, glistening at this magnification, shockingly meaty. Tipple had also found now a scientist who could distinguish cat hair from the hair of a dog or dingo. At the time of the trial, the hairs on the baby's clothes were thought to be cat, so the likelihood of a dingo is stronger now. But a more exciting discovery was this: Analysts had identified the dark stain, as something other than blood, above the passenger footwell of the Chamberlain car. This stain had been called the Arterial Spray, and was said by the prosecution to be foetal blood from a spurting artery when the baby's throat was cut. The Arterial Spray had held a high place among exhibits at the trial. How could a dingo be blamed, if the baby died in the car? This was the record of the baby's last heartbeats, the very locality of death. The best the defence could do during the trial was produce a similar spray, from a similar car. It gave the prosecutor little trouble in front of the jury. I don't know, he said, if you're asked to find that all Toranas are sprayed under the dash with the blood of an infant, as some sort of benediction, or ceremonial rite, when the cars are sold. That had made everyone laugh. A sound-deadening solution, Tipple told me now, sprayed in during manufacture. He had magnified photos of that, too, showing flecks of vivid colour, the overspray of paint. He was waiting on confirmation from General Motors. The Arterial Spray was a material called Dufix. I left him and drove back to Sydney. It had been an astonishing day. On June 4th this year the Chamberlain lawyers made their submission to the NT Attorney-General. He delegated it to Brian Martin. Martin was the Solicitor-General at the time of the trial. He chose as a scientific advisor Dr. Simon Baxter, the head of the Sydney laboratories responsible for the identification of blood, and a prosecution witness. The Chamberlains, in their Submission, wanted a judicial review, with power to consider all the evidence, old and new. The point of all this was to allow examination of the whole of the testimony, a review of the entire state of knowledge as it now stands.

The Solicitor-General's answer, the Martin Report, was tabled in the Northern Territory Parliament on November 12th. It dismisses most of the Chamberlain submissions as unimportant, and considers none of them new. No one has suddenly come forward it says, to give evidence which could not have been given at the trial by that person, or somebody else, nor are they putting forward any recent scientific advance. So there goes the first of the Chamberlain requests, out already. The Report will steadfastly not look at the current state of knowledge. It will consider only a scientific advance, or evidence which could not have been given at the trial. That is an impossible test to meet. It excludes, for example, the most dramatic example imaginable. If someone were to come forward and confess now, the evidence would not be heard. This can't mean what it says. The Report is not impressed by the Chamberlain lawyers' enthusiasm. It says: There is nothing in the list of 7 items, widely canvassed by those supporting the Chamberlains, which is in any way new. Now, that's plainly wrong. At the time of trial no-one had found flesh in the baby's garments, no-one knew the Arterial Spray was really Dufix, and no-one, in prosecution or defence, knew of a scientist who could positively discriminate cat hair from the hair of a dog or dingo. Defence scientists believe that the blood analyst Joy Kuhl used the wrong testing solution to identify old blood, and in any event, her work-notes show that the tests did not find foetal blood. After trial, a defence scientist travelled to the German manufacturers of the testing solution, and returned with a certificate which said, in part, that the solution can behave wrongly if the blood is old, and is not suitable on its own for the identification of foetal infant blood. Martin and Baxter visited the German manufacturers, and spoke to the same scientists, in July. In the Report, they present the results of their meeting this way: The identification of HbF (foetal) in bloodstains, as being from an infant of less than 6 months of age, in the Chamberlain car and items removed from it, is enhanced by everything learned since the trial emanating from the manufacturers of the anti-serum..this part of the Report was so wrong that it astonished the German scientists. They might never have happened to hear about it at all, had a quick journalist not put through a call to one of them who had interviewed Martin and Baxter. The scientist said he was surprised his advice to the NT government had not led to a re-opening of the case. He thought the probabilities high that the prosecution's tests were inadequate in the Chamberlain case. The scientist investigating the Arterial Spray, for the Chamberlains, was L.N. Smith. Smith had found Dufix, where Joy Kuhl had found the blood of a baby. The Martin Report says: There is no dispute as to what Mr Smith found, but avoids embarrassment with a counter-attack. The defence were, prior to trial, in possession of evidence that similar patterns were to be found on the same type of motor vehicle." The Report's authors must mean, there, that the Dufix discovery is somehow not a new issue. They give then the most arresting example of circular argument: (The Spray samples) gave a presumptive result of being blood at the time they were removed, and Kuhl's tests on that material revealed the presence of foetal haemoglobin. It therefore appears that the samples taken and analysed by Smith are not samples of the same material... analysed by Kuhl." So: Smith found Dufix, Kuhl found blood, and blood is not Dufix. What that proves, I can't begin to guess. The authors say that an analysis of the Arterial Spray would be no help to anybody. A positive result identifying HbF (foetal) would not assist the Chamberlains, a negative result would be inconclusive, given that the material is now over 5 years old.

Quite wrong. It's hard to think, offhand, of any greater assistance to the Chamberlains than a positive result. The Arterial Spray cannot, on any view, be blood, baby's or adult's. The magnified photographs of the stain show overspray of paint during manufacture. If Dufix tests out as foetal blood, it makes a nonsense of the blood testing methods used by the prosecution. The trial prosecutor made a fuss of the Arterial Spray. He said: You see, the importance of this is that the sample was actually taken from the pattern, the spray pattern, by digging into it. It's not something that happens to coincide with the pattern, which is why we assert that the pattern itself is blood." Not for a minute does the Martin Report agree now with the prosecutor. The Arterial Spray, it concludes, was of little importance at the trial anyway. The baby's jumpsuit was cut by scissors, so the prosecution said at trial, and not by the teeth of dingoes. The Chamberlain Submissions provide photographs, and offer the originals, of recent experiments with clothing and material bitten by a dog and a dingo. It compares them with the baby's own clothes. The Report doesn't much argue against some similarities of appearance, but relies on the eminence of the Crown expert, and on the standard of photography. It does not call for the experimental garments. This, too, is a shame, because the jumpsuit chewed in these recent tests shed tufts from the weave, a surprising event because the prosecution said it was impossible from dingo teeth. The Report notes the tufts, but distains them, because the ends of tufts were bound together with saliva." Tufts found by the prosecution on the baby's own jumpsuit were dry, though it's hard to see importance in this, since that garment had spent a week in the desert. The Report's central complaint is put this way: In no respect does this (recent) experiment relate to the version put forward by Mrs Chamberlain involving an (i) undomesticated (ii) dingo of unknown age (iii) presented with a live infant (iv) clothed in a jumpsuit and wrapped in blankets (v) in a tent. The Report's authors can't have been thinking carefully here. Can they really mean that the most credible experiment the Chamberlains could make is with an undomesticated dingo, of unknown age, presented with a live infant, clothed in a jumpsuit and wrapped in blankets, in a tent? Hans Brunner, who identifies hair from the baby's garments as those from a dog or a dingo, and positively not from a cat, has a happier run. But the Report does not call for an analysis of the hair. It meets the problem a familiar way now: The question of the original source of the hairs detected on the singlet and jumpsuit carries little weight in the overall context of the case." This might be a surprise to the chief prosecutor at the trial, who said: The Crown says the absence of hairs, like the absence of saliva, is negative evidence pointing to a positive conclusion, which is this - that the baby was not taken by a dingo. Therefore she was murdered. Then follow three items in the Report, to do with witnesses: the campsite witnesses who want to give evidence which was not permitted at the trial, prosecution witnesses who are under further attack now, and witnesses to previous dingo attacks, who were excluded by the trial judge. The Report treats all these as issues raised in some way at the trial, which is not to the point. A fine instance is the section on dingoes: The capabilities of Ayers Rock dingoes was fully canvassed before the jury, and following the Judge s summing up they would have been left with no illusions about the behaviour and propensity of dingoes." Those illusions came clearer within a fortnight of the Report, when a juror, Yvonne Cain, spoke to the press. She called for a judicial inquiry. I wish the evidence of people who came forward later, to talk of other dingo attacks on children near Ayers Rock, had been available at the trial," she said.

An important question at the time of trial was this: If the baby was abducted by a dingo, why wasn't there any fleshy debris on the clothes? The Chamberlain photographs of tissue in the weave offer a dramatic solution. But the Report begins warily. These meaty fragments were not seen under microscopic examination, or otherwise, by any of the experts who gave evidence at the trial. Now, this is so, the defence had the garments for a time before trial, but if we're apportioning blame here let's not forget the prosecution scientists. But the real point is: Are these pieces of Azaria Chamberlain? The Report's authors don't think so. In any event, it can hardly be flesh or any other body-tissue dated from 17 August 1980, given the natural effect of deterioration, such as dehydration, in the intervening period. Contamination of the jumpsuit by some other material during the lengthy period after its examination by sundry experts cannot be excluded. This might prove true, but the technology exists to test it. Yet the Report stops short of suggesting any sort of analysis. But there's a small advance, here. Nowhere does the Report contend that the findings wouldn't matter. What has the Martin Report achieved? Its authors have refused to allow a review of the entire state of knowledge as it now is. They have excluded most of the evidence as not sufficiently new, by proposing a test no one could pass. They decline to examine the originals of the Chamberlain experiments, the materials chewed by dingo teeth, the work on Dufix. They shun any further analysis of the High Court exhibits, the hairs, the flesh in the weave, the Arterial Spray. And at the end, the Report makes no recommendation to the Attorney-General who called for it. That is not a system of logic I'm familiar with. The Martin Report closes, uneasy about the usefulness of a Review Tribunal, even if one were set up. The authors see a problem if the Tribunal were to decide in favour of the Chamberlains. How, even then, could the government issue a pardon? The warning is given in the clearest of terms. From the public point of view, however, the granting of a pardon may well be taken as indicating that the jury was wrong to convict, and that Mr and Mrs Chamberlain were innocent. I think we have a glimpse of the truth, just there: No chance. New Chief Minister Tuxworth had said much the same already, off the record, but an outraged journalist reported it anyway. He made it clearer during a political campaign around Ayers Rock in October, by handing out a press release complaining of a reservoir of antagonism towards the Northern Territory, which it seeks to portray as hard, cruel, and lacking in compassion." He rounds off: At stake is law and order, faith in the due processes of a legal system recognised as the fairest in the world, and the maintenance of the institutions upon which our democratic society is based. Those who would have the Northern Territory Government forgo these principles to suit the circumstances of a particular case, are the same forces which will work, perhaps unwittingly, for the breakdown of society. Within a month, the NT News ran a report that 51% of Territorians polled supported calls for a judicial inquiry. ***