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[This edited version of the report has been prepared by Dr Robert N Moles]

Mallard v The Queen 2005
Andrew Mallard homepage
Article: Australian law on miscarriages of justice
Article: UK law on miscarriages of justice
Article: USA law on miscarriages of justice

On 9 August 2007 Sean Cowan of the West Australian reported “Forensic report not revealed to lawyers: CCC”

He said a Forensic pathologist has told the Corruption and Crime Commission he provided police with two copies of a report he prepared on the likelihood of a wrench and another piece of metal being used in the 1994 murder of Mosman Park jeweller Pamela Lawrence. But only one of Bernard Lynch’s reports, a short version which didn’t rule out the possibility the wrench was the murder weapon, was ever given to lawyers for Andrew Mallard, who was later convicted of the murder. Mr Mallard had nominated a wrench as the possible murder weapon during a police interview – a point that was crucial at his trial because Mrs Lawrence’s husband reported a wrench missing from Mrs Lawrence’s shop.

Last year, the High Court quashed Mr Mallard’s conviction and he was released from prison after serving 12 years behind bars. A police review has now nominated a new suspect – convicted killer Simon Rochford. Mr Lynch said now-Assistant Commissioner Mal Shervill had told him some of the material in the original eight-page report was not relevant. So Mr Lynch produced the shorter two-page report. Both were given to police, he said.

The CCC is investigating the conduct of police officers, including Mr Shervill, Assistant Commissioner Dave Caporn, Supt. John Brandham, Insp. Alan Carter and Sgt. Mark Emmett, in their investigation of the Lawrence murder. Also at the centre of the case are former DPP and current Supreme Court Justice John McKechnie and current deputy DPP Ken Bates, who was the prosecutor in the original trial.

Source: 9 August 2007 Sean Cowan “Forensic report not revealed to lawyers: CCC”

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