Tuesday, December 22, 2009

SHANE DAVIS CASE; AUSTRALIA; STATE GOVERNMENT AGREES TO RETESTING OF DNA MATERIALS: HAS ASSERTED INNOCENCE REFUSED PAROLE; GOLD COAST BULLETIN NEWS;

"DAVIS'S CASE WAS REVIEWED AND CHAMPIONED SEVERAL YEARS AGO BY THE GRIFFITH UNIVERSITY'S INNOCENCE PROJECT. INNOCENCE PROJECT DIRECTOR AND GRIFFITH UNIVERSITY LECTURER LYNNE WEATHERED SAID THE GROUP REVEALED SERIOUS QUESTIONS ABOUT THE DNA EVIDENCE USED BY THE PROSECUTION IN THE CASE AGAINST DAVIS. "WHEN SHANE DAVIS WAS CONVICTED, DNA WAS IN ITS INFANCY," SAID MS WEATHERED. "THIS IS A MAJOR BREAKTHROUGH AND A CRUCIAL PRECEDENT SETTING CASE FOR THE LEGAL COMMUNITY," SHE SAID. THE INNOCENCE PROJECT, CO-FOUNDED BY NYST LAWYERS AND GRIFFITH UNIVERSITY, IS RUN BY GRIFFITH LAW SCHOOL WITH STUDENTS CONTRIBUTING TO THE CASELOAD UNDER THE DIRECTION OF LECTURERS AND NYST LAWYERS. THE NEWS FOLLOWS THE DECISION LAST MONTH BY THE VICTORIAN DIRECTOR OF PUBLIC PROSECUTIONS JEREMY RAPKE, QC WHO ORDERED A REVIEW OF ALL DNA CASES OVER THE PAST FIVE YEARS BECAUSE OF DOUBTS ABOUT DNA TESTS......VICTORIAN MAN FARAH JAMA, 22, WAS FREED ON DECEMBER 8 AFTER BEING WRONGFULLY CONVICTED AND SPENDING 16 MONTHS IN A MAXIMUM SECURITY PRISON."

REPORTER LUCY ARDERN: GOLD COAST BULLETIN NEWS;

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BACKGROUND: Shane Davis was convicted by a Supreme Court jury in Brisbane in November 1991 of the murder of South African tourist Michelle Joanne Cohn at a Surfers Paradise apartment block on Boxing Day in 1990. He was sentenced to life in prison, but has always maintained his innocence and has even refused the opportunity of parole several times during the past five years.

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"The predictions of a psychic came flooding back to Jill Greenwood when she received news the State Government had agreed to allow DNA material, used to convict her son of a violent Gold Coast murder almost two decades ago, to be reviewed,"
reporter Lucy Ardern's December 23, 2009, Gold Coast Bulletin News story begins, under the heading "DNA offers new hope for Shane Davis."

"Ms Greenwood was elated yesterday after learning that Attorney General Cameron Dick had agreed to retest the material used in the prosecution case against Shane Davis, who was 19 at the time the crime was committed," the story continues.

"Davis was convicted by a Supreme Court jury in Brisbane in November 1991 of the murder of South African tourist Michelle Joanne Cohn at a Surfers Paradise apartment block on Boxing Day in 1990.

He was sentenced to life in prison, but has always maintained his innocence and has even refused the opportunity of parole several times during the past five years.
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Ms Greenwood has always maintained faith in her son's innocence -- something that was backed up by a psychic's prediction soon after he was convicted.

"A psychic told me Shane was innocent and the person who did it will be found one day," she said.

"He said that Shane would be eventually released, but not because someone else was charged, but because of something to do with all the legal people around him."

All she revealed to the psychic was her son's age and the fact he was in jail -- keeping all other details of the case and their names a secret.

Ms Greenwood said Davis, who had discovered the DNA testing would go ahead yesterday morning, was 'very pleased and excited' by the news.

"He wants it all to get going as soon as possible," she said.

Ms Greenwood described the past 20 years as a 'terrible experience' and said she lacked confidence the results would be accurate when the DNA evidence was retested.

"The Government has a lot to lose and it worries me," she said.

Davis's case was reviewed and championed several years ago by the Griffith University's Innocence Project.

Innocence Project director and Griffith University lecturer Lynne Weathered said the group revealed serious questions about the DNA evidence used by the prosecution in the case against Davis.

"When Shane Davis was convicted, DNA was in its infancy," said Ms Weathered.

"This is a major breakthrough and a crucial precedent setting case for the legal community," she said.

The Innocence Project, co-founded by Nyst Lawyers and Griffith University, is run by Griffith Law School with students contributing to the caseload under the direction of lecturers and Nyst Lawyers.

The news follows the decision last month by the Victorian Director of Public Prosecutions Jeremy Rapke, QC who ordered a review of all DNA cases over the past five years because of doubts about DNA tests.

Victorian man Farah Jama, 22, was freed on December 8 after being wrongfully convicted and spending 16 months in a maximum security prison."


The story can be found at:

http://www.goldcoast.com.au/article/2009/12/23/172215_crime-and-court-news.html

Harold Levy...hlevy15@gmail.com;