Networked Knowledge
Andrew Mallard Homepage

Authors of this page: Dr Robert N Moles and Bibi Sangha

Mr Mallard's Tragic Death - and a new right of appeal to Honour his life

2 June 2019 - West Australian - Andrew Mallard’s legacy: Appeal law offers new hope

Sangha and Moles "Miscarriages of Justice: Criminal Appeals and the Rule of Law" Foreword by the Hon Michael Kirby AC CMG
In his Foreword Michael Kirby discusses his role in the overturning of Andrew Mallard's conviction, and his regret that it had not occurred sooner

Law Report and legal submissions in High Court appeal

Mallard v R, [2005] HCA 68 - High Court - appeal allowed conviction overturned
Legal submissions Mallard v R No 77 of 2004 - part one
Legal submissions Mallard v R No 77 of 2004 - part two
Legal submissions Mallard v R No 77 of 2004 - part three

Court of Appeal judgment rejecting appeal

3 December 2003 - R v Mallard [2003] WASCA 296 - appeal not allowed

Kirby J Appellant argument in Manock v C7 in relation to the Keogh case

“… and we know from the Mallard case that it was largely because a media organisation pursued Mr Mallard’s claim to innocence that ultimately the truth was unravelled and discovered.”

Kirby J: Respondent argument in Manock v C7 in relation to the Keogh case

“On the other hand, we have got to keep in mind the importance of disclosing and exploring cases of miscarriage of justice. I am not saying that is this case, but Mallard is an instance where it was in a sense persistence of those who were complaining that ultimately brought the matter to a resolution, so that it is important that that entitlement of citizens and of the media to be protected.”

Report of the Crime and Corruption Commission hearing

Report released 7 October 2008
Summary of key findings and recommendations

Books

See items on Brett Christian's book "Presumed Guilty" which discusses the Mallard case
Review of "Murderer No More" by Colleen Egan, Allen & Unwin, 2010
24 July 2007 - West Australian Sunday Times- details here

Media Articles

14 November 2017 - ABC - Podcast - Wrongful: Stories of Justice Denied and Redeemed
including the cases of Darryl Beamish - John Button - the Mickelberg Brothers - Andrew Mallard - Gene Gibson in Western Australia

External Link: Post Newspapers - Special Report by Bret Christian

27 May 2019 - ABC Australian Story "The Wronged Man" Update after Andrew Mallard's fatal accident in the USA with link to video of program
27 September 2010 - ABC Australian Story “The Wronged Man” Part One - Transcript
4 October 2010 - ABC Australian Story – "The Wronged Man" Part Two - Transcript

26 July 2012 - The Australian - Mallard case prosecutor fined
25 July 2012 - Perth Now - Mallard prosecutor Ken Bates fined $10,000, reprimanded
29 February 2012 - Perth Now - Andrew Mallard charged over alleged 'hoon driving' the article notes that Mr Mallard accepted the $3.25m offered
13 August 2009 - WA Today - Cock cleared over Bates' golden handshake
27 July 2009 - WA Today - 'Highly regarded' senior prosecutor [Ken Bates] quits DPP
25 July 2009 - Perth Now - Mallard prosecutor Ken Bates quits DPP office
7 May 2009 - Adelaide Now - Wrongly jailed man fights for $7.25m
5 May 2009 - WA Today - Andrew Mallard gets $3.25 million
24 April 2009 - The Australian - Prosecutor Ken Bates remains, despite CCC finding [West Australia]
24 April 2009 - Sunday Times - Prison time is a crime
11 February 2009 - Perth Now - David Caporn quits
22 December 2008 - West Australian - Mallard set for record compensation payment
18 November 2008 - Perth Now - Wrongfully convicted Andrew Mallard sues cops, WA
20 October 2008 - The Australian - Coroner's call to kill free speech
13 October 2008 - PerthNow - Police at fault in Rochford's suicide
11 October 2008 - Sunday Times - Lack of police response angers Mallard
10 October 2008 - Sydney Morning Herald - When the law provides no justice, call a reporter
8 October 2008 - ABC - A-G seeks advice on Mallard compensation
8 October 2008 - Canberra Times - When police are judges of guilt
8 October 2008 - West Australian - ‘Day of shame’ for police in CCC blast over Mallard
8 October 2008 - The Australian - WA police, deputy DPP face sack in murder review
7 October 2008 - West Australian - Mallard to chase $10m payout: Quigley
7 October 2008 - West Australian - Two top cops stood down over Mallard CCC report
7 October 2008 - West Australian - CCC report into Mallard affair released
7 October 2008 - PerthNow - CCC finds police misconduct in Andrew Mallard case
4 October 2008 - Perth Now - Andrew Mallard cleared to sue state over wrongful conviction
14 December 2007 - PerthNow Mallard five on 'disaster planning duties
9 December 2007 - West Australian - Quigley a hero, silk tells CCC
8 December 2007 - Perth Now - Andrew Mallard calls for prosecution of police
6 December 2007 - West Australian - Caporn ‘did no wrong in Mallard case
6 December 2007 - PerthNow - Caporn team questions Police cold-case review
7 December 2007 - ABC News - Quigley a hero for helping free Mallard: Lawyer
6 December 2007 - West Australian - Bates made errors but is not corrupt: inquiry
5 December 2007 - The Australian - Mallard statements 'polished' by Mal Shervill
5 December 2007 - ABC News - Lawyer denies senior officer rewrote Mallard notes
5 December 2007 - West Australian - Lawyer denies Mallard plot
4 December 2007 - West Australian - Bates ‘let down’ Mallard say police
4 December 2007 - PerthNow - Andrew Mallard 'crooked' says CCC police counsel
29 November 2007 - ABC News - Quigley attacks police and justice system
28 November 2007 - West Australian - Prosecutor’s Mallard case unfair, CCC told
28 November 2007 - Yahoo7 News - Last of Mallard case submissions heard
28 November 2007 - West Australian - failed his duties: CCC
28 November 2007 - PerthNow - Bates 'lied about planted evidence
28 November 2007 - ABC News - O'Callaghan disturbed at CCC allegations against top officers
27 November 2007 - West Australian - CCC lawyer recommends findings against senior cop
27 November 2007 - West Australian - Top cop failed to investigate witness claims: CCC
23 November 2007 - The Australian - I was trying to help investigation
21 November 2007 - West Australian - Expert lashes Mallard police, prosecutors
22 November 2007 - PerthNow - Mallard tells of planted evidence and false confessions
20 November 2007 - ABC News - CCC calls for oral submissions on Mallard case
20 November 2007 - Perth Now - Policing expert says police took an illogical approach to Mallard's statements
17 November 2007 - AAP - Journalist Colleen Egan wins award
16 November 2007 - PerthNow - Senior lawyers clash at the CCC
15 November 2007 - ABC News - DPP lawyer 'sorry' for Mallard's wrongful conviction
14 November 2007 - West Australian - Mallard decision wrong: DPP man
13 November 2007 Colleen Egan “Bates 'didn't discuss' jewellery
2 November 2007 - West Australian - Quigley spared by public opinion: DPP
1 November 2007 - Perth Now - DPP didn’t charge Quigley 'in interest of justice'
1 November 2007 - ABC News - DPP Prosecutor denies being intimidated by Quigley
30 October 2007 - ABC News - MP accused of 'grandstanding' at corruption inquiry
30 October 2007 - Perth Now - Labor MP John Quigley threatened an undercover officer
30 October 2007 - Perth Now - Up to nine public officers face adverse findings at the CCC inquiry
24 October 2007 - Perth Now - Prosecutor "sat" on Mallard report
24 October 2007 - ABC News - DPP faces intense questioning at Corruption and Crime Commission
24 October 2007 - Perth Now - DPP quizzed over lack of action
23 October 2007 - West Australian - DPP to front CCC in Mallard inquest
22 October 2007 - Perth Now - Prosecutor knew about wrench
23 October 2007 - ABC News - Junior prosecutor: Wrench ruled out in Lawrence murder
13 September 2007 West Australian - Supreme Court judge says decision was his / Murder links missed
11 September 2007 - ABC News - Policeman denies he withheld vital evidence in murder case
11 September 2007 - Perth Now - John McKechnie
6 September 2007 - Perth Now - Mallard cops accused of planting evidence during investigation
5 September 2007 - West Australian - Witness statements polished to conform to evidence: Shervill
5 September 2007 - ABC - Policeman [Mal Shervill] grilled over changes to witness statements
4 September 2007 - Perth Now - Andrew Mallard had symptoms of mania and delusions
30 August 2007 - Sunday Times - Mallard 'witness' was badgered to change statement, CCC told
29 August 2007 - Perth Now - John Brandham 'must have known' about wrench report
28 August 2007 - Perth Now - Scientific tests belie police notes
23 August 2007 - Perth Now - Andrew Mallard jewellery witnesses not called
22 August 2007 Colleen Egan of Perth Now reported “Undercover cop denies giving Andrew Mallard cannabis
21 August 2007 - PerthNow - Undercover cop made Andrew Mallard 'look ridiclulous'
10 August 2007 - Perth Now - Chemist removed part of report
9 August 2007 - West Australian - Forensic report not revealed to lawyers: CCC
9 August 2007 - Perth Now - Pathologist had weapon doubts
8 August 2007 - West Australian - Senior cop denies doctoring statement
8 August 2007 - Sunday Times - Forensic pathologist grilled
8 August 2007 - Australian - Mallard 'badgered until he confessed'
7 August 2007 - West Australian - Senior policeman denies wrongdoing over Mallard investigation
7 August 2007 - Sunday Times - Caporn: 'I didn't feed Mallard info
6 August 2007 - West Australian - Top cop denies comparing evidence
1 August 2007 - The Australian - Murder weapon 'went missing'
31 July 2007 - News.com - Wrongful conviction inquiry hears of paint match
28 July 2007 - Sunday Times - Mallard Inquiry Opens This Week
23 July 2007 - West Australian - Release Mallard case report: Liberal
17 July 2007 - The Melbourne Age - Mallard inquiry to begin this month
4 May 2007 - West Australian - Right to a fair trial and human rights legislation
3 May 2007 - West Australian - Mallard police lawyer can’t represent all five
2 May 2007 - Perth Now - Mallard review could be open
11 April 2007 - West Australian - NSW judge to head CCC Mallard probe
11 April 2007 - CCC in West Australia to examine the Mallard case
2 December 2006 - Sunday Times - Collen Egan wins Walkley for articles on Mallard
22 November 2006 - Adelaide Now - interim payment to Andrew Mallard
22 October 2006 - Sunday Times - Colleen Egan
Positioning by the WA Chief Justice, DPP and Attorney-General after the overturning of the Mallard case
11 October 2006 - The Australian - "Case review clears mentally ill man [Mallard] of killing"
With comment by Bob Moles on the important error of analysis by the WA Chief Justice reported in this article
22 February 2006 - The Australian - Andrew Mallard Perth
Released man vows to solve murder case. Eventually, Mallard has been freed from prison after his murder conviction was overturned some 3 months ago

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