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David Eastman

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denied procedural fairness in respect of a fundamental feature of the trial process concerned with disclosure by the prosecution of all relevant material. As a consequence of the substantial miscarriage of justice, the applicant has been in custody for almost 19 years. The miscarriage of justice was such that in ordinary circumstances a court of criminal appeal hearing an appeal against conviction soon after the conviction would allow the appeal and order a retrial. A retrial is not feasible and would not be fair. While I am fairly certain the applicant is guilty of the murder of the deceased, a nagging doubt remains. The case against the applicant based on the admissible and properly tested evidence is not overwhelming; it is properly described as a strong circumstantial case. There is also material pointing to an alternative hypothesis consistent with innocence, the strength of which is unknown. Regardless of my view of the case and the applicant’s guilt, the substantial miscarriage of justice suffered by the applicant should not be allowed to stand uncorrected. To allow such a miscarriage of justice to stand uncorrected would be contrary to the fundamental principles that guide the administration of justice in Australia and would bring the administration of justice into disrepute. Allowing such a miscarriage of justice to stand uncorrected would severely undermine public confidence in the administration of justice. In view of the nature of the miscarriage of justice that has occurred and the period the applicant has spent in custody, and in view of the powers conferred on the Full Court, I do not recommend that the Court confirm the conviction and recommend that the Executive grant a pardon. I recommend that the applicant’s conviction on 3 November 1995 for the murder of Colin Stanley Winchester be quashed.
1737: – Eastman's 2003 appeal to the High Court that a Magistrate, appointed by the ACT Supreme Court, be empowered to review evidence to determine the fitness of Eastman to plead, reviewing earlier decisions made by the ACT Supreme Court and the Full Court of the Federal Court. The High Court upheld the appeal. 265:. On 21 December 1988 Winchester advised Eastman that he would need to face the assault charges in court; and an appearance date was set for 12 January 1989. Eastman was advised by letter that the AFP would not interfere with the conviction. The letter arrived at Eastman's flat on the morning of 10 January 1989. 477:
On 22 November 2018, Eastman was found not guilty by a jury in the ACT Supreme Court. Eastman's lawyer Angus Webb also read out a statement, saying a miscarriage of justice had left Eastman spending 19 years in custody. Referring to today's verdict he said, "Justice has been done." Terry O'Donnell, a
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On 22 August 2014 the Supreme Court of the Australian Capital Territory quashed the conviction, released Eastman from prison, and ordered a retrial in spite of the recommendation from the report by Martin J that "a retrial is neither feasible, nor fair." Eastman appealed the decision for a retrial to
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During the 85-day trial that commenced in 1995, Eastman repeatedly sacked his legal team and eventually chose to represent himself. Eastman also abused the judge during his trial, and during later legal proceedings and appeals. A report written for Eastman's murder trial stated that he previously had
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Eastman tried again in 2005 on several grounds, including his fitness to stand trial, unreliable forensic evidence taken from the scene, and other doubts as to his guilt. His application was dismissed. In 2008 proceedings before the Full Bench of the Federal Court, Eastman, appearing without legal
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who previously acted for Eastman said outside his court that he had been watching the legal saga "with some horror," but was now relieved for Eastman. "The first trial was an absolute disgrace, it was a shambles, it was a miscarriage – the forensic evidence was almost certainly fabricated in some
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A substantial miscarriage of justice occurred in the applicant’s trial. The applicant did not receive a fair trial according to law. He was denied a fair chance of acquittal. The issue of guilt was determined on the basis of deeply flawed forensic evidence in circumstances where the applicant was
1721: – Eastman's 2000 appeal to the High Court that Eastman was unfit to plead and the Crown knew that he was suffering a mental illness and was incapable of instructing legal counsel, matters not previously reviewed by the Courts. The Court dismissed the appeal. 515:
that he had not occupied for ten years. Eastman appealed the eviction order to the ACT Supreme Court on the basis that he had not been given enough notice to effectively defend his position. The Court ruled in Eastman's favour and determined that he was denied
336:"six charges of threatening to kill, 128 charges of making harassing or menacing phone calls, 11 charges of assault and one of assault occasioning actual bodily harm". Also "He has been charged with assaulting police on three occasions." During the trial 226:
was not allowed to investigate internal public service matters, he agreed to investigate a case brought by Eastman because he was a member of the public at the time. Subsequently, the Ombudsman concluded there had not been discrimination against Eastman.
842: 1687: – Eastman's 1997 appeal to the Federal Court claiming that the trial judge erred in the directions which he gave to the jury on various grounds; and granted discriminatory bail conditions. The Court dismissed the appeal. 491:
offer of compensation of more than A$ 3 million, instead asking for at least A$ 18 million. On 14 October 2019, in the ACT Supreme Court, Justice Michael Elkaim awarded Eastman A$ 7.02 million in compensation under the
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and had several overseas postings in ambassadorial roles. As a child, Eastman frequently moved house due to his father's overseas postings. Eastman has one younger sister and two older twin sisters. Eastman was very successful at
1785: – Eastman's 2016 appeal to the ACT Court of Appeal following an earlier unsuccessful appeal to the ACT Supreme Court for a permanent stay on proceedings for the charge of murder. The Court dismissed the appeal. 531:, a newly opened prison located in the ACT, to see out his sentence. During his period in New South Wales prisons he lodged a large number of complaints alleging ill-treatment by guards and was frequently moved between jails. 1753: – Eastman's 2008 appeal to the ACT Supreme Court Court of Appeal following the decision by the ACT Supreme Court (single judge) that Eastman was not denied procedural fairness. The Court dismissed the appeal. 300:, Canberra. Winchester parked in his neighbour's driveway; his neighbour was an elderly woman who felt safer with a car parked in her driveway. Winchester is Australia's most senior police officer to have been murdered. 1616: 1038: 644: 340:
presented evidence that allegedly linked Eastman to the firearm used, to traces of ammunition and propellant from the silencer, and reported sightings of Eastman near the murder scene and at gun shops in
241:. He led a determined campaign to convince police that he had been wrongly charged and that it was his neighbour who had been the instigator. On 16 December 1988 Eastman met with Colin Winchester, the 376:
After a lengthy and difficult trial, on 3 November 1995 a jury returned a verdict of guilty against Eastman and he was convicted for murder of Winchester. Eastman was sentenced to life imprisonment.
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but was rejected with one reason being given that he had written letters to the press regarding economic and business matters which might be seen to prejudice the Bureau's reputation. Although the
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the ACT Court of Appeal and then to the High Court. Both appeals were dismissed and in 2017 it was ordered that a retrial should be held. The retrial commenced in Canberra on 18 June 2018.
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for Eastman's arrest was issued on 23 December 1992 and on the same day he was arrested and charged with the murder of Winchester. Eastman was subsequently committed to a
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respects." The cost of the retrial, including lead-up proceedings, was estimated to exceed A$ 30 million. Eastman, who had served 19 years in custody, lodged a
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According to media reports from Eastman's criminal trial, Eastman became involved in a dispute with a neighbour on 17 December 1987; and Eastman was charged with
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in the retrial found Eastman not guilty of murder. Eastman, who had served 19 years in custody, was awarded A$ 7 million in compensation in October 2019.
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for three and a half years; yet only a very small proportion of the recorded material was used as evidence in his trial. In evaluating the case,
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representation, sought that his initial appeal be allowed, his conviction quashed and a retrial in the Supreme Court. The matter was dismissed.
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at the age of 16. When he was 21 he started seeing a psychiatrist because he was "feeling lonely and miserable and not getting on with people".
1843: 1524: 1132: 1838: 800: 361:... the Crown presented in excess of 200 witnesses. There were almost 7000 pages of transcript and over 300 documentary and other exhibits. 206:
In 1986, Eastman's mother requested a restraining order on Eastman after he threatened her life while trying to break down her front door.
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against the decision for a retrial. His appeal was unsuccessful, and a retrial commenced on 18 June 2018. On 22 November 2018, the
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In the matter of an application re. the report of the board of inquiry into the conviction of Eastman for the murder of Winchester
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woman to be appointed as a Supreme Court judge in Australia, worked on the inquiry. Martin reported to the Supreme Court that:
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It was alleged that Eastman had made threats against Winchester's life in the period preceding Winchester's murder.
219: 1195: 978: 914: 767: 732: 563:"David Eastman freed from jail, conviction quashed for murder of AFP assistant commissioner Colin Winchester" 1489:"Prosecutors in Eastman trial open on his 'murderous hatred of police' | The Canberra Times | Canberra, ACT" 401: 1324: 938: 528: 509: 1848: 1698: 1682: 393: 20: 933: 816: 689: 595:"David Eastman awarded more than $ 7 million for wrongful murder conviction, almost 20 years in jail" 462: 262: 231: 136: 183: 107: 1732: 1716: 1712: 1447: 397: 192: 163: 55: 1295:"Eastman inquiry recommends David Eastman's conviction be quashed, finds miscarriage of justice" 869: 487:
against the ACT Government, seeking compensation for wrongful imprisonment. Eastman rejected an
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Inquiry into the Conviction of David Harold Eastman for the Murder of Colin Stanley Winchester
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Inquiry into the Conviction of David Harold Eastman for the Murder of Colin Stanley Winchester
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Inquiry into the Conviction of David Harold Eastman for the Murder of Colin Stanley Winchester
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On 10 January 1989, at about 9:15 pm, Colin Winchester was shot twice in the head with a
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determined that Eastman had sufficient capacity and the conviction for murder was unchanged.
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A new inquiry relating to his conviction was announced in August 2012 and headed by Acting
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Eastman had sought, on several fronts and over a sustained period, to be reinstated to the
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in order to plead in the trial for the murder of Winchester. After two years of hearings,
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official until 1977 when he retired on health grounds. He later applied for a post at the
8: 1504:"David Eastman found not guilty of murdering senior AFP officer nearly three decades ago" 811:– via Jarrett, Janet (October 1999). "Murder of Assistant Commissioner Winchester" 366: 350: 258: 242: 1646: 1529: 1466: 1418: 1160: 1127: 1068: 965: 901: 896: 795: 755: 720: 303:
The day following Winchester's murder, police interviewed Eastman as a murder suspect.
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of his conviction. The aim of the review was to determine if Eastman had sufficient
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The prosecution case at trial, while purely circumstantial, was substantial:
324: 319:, Eastman was summonsed to appear before the Coroner, but failed to do so. A 254: 171: 128: 75: 296:. Winchester was murdered as he parked his police vehicle near his house in 751:"Appeal by retired public servant. No discrimination in refusal: Ombudsman" 246: 249:, in an attempt to review the assault charge. The meeting was brokered by 484: 283: 1462:"Canberra courts construction delayed, with warning of further blowouts" 649: 342: 293: 1348:"David Eastman inquiry: police in court bid over report's publication" 488: 385: 155:
quashed the conviction, released Eastman from prison, and ordered a
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without parole. A 2014 judicial inquiry recommended the sentence be
196: 135:, Australia. In 1995, he was wrongfully convicted of the murder of 132: 346: 312: 238: 234:. On 21 December 1988 approval to his reinstatement was granted. 156: 85: 1188:
Paper presented at the University of NSW Law Faculty CLE/CPD day
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People convicted of murder by the Australian Capital Territory
1317:"David Eastman's murder conviction should be quashed: inquiry" 843:"Terry O'Donnell is still on the Colin Winchester murder case" 151:
and he should be pardoned. On 22 August of the same year, the
1585:"Killer of police commissioner finally extradited to the ACT" 424: 520:. The ACT Tenancy Tribunal was directed to review the case. 465:
unsuccessfully sought that parts of the report be withheld.
645:"How a strange, cruel life led to jail for David Eastman" 1819:
Australian people convicted of murdering police officers
1525:"Eastman awarded $ 7 million for wrongful imprisonment" 496:
and ordered the ACT Government to pay Eastman's costs.
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Martin J (Acting), "Report of the Board of Inquiry."
404:, Eastman successfully lobbied for and was granted a 379: 311:After two years of investigations that included an 840: 1773:Eastman v Director of Public Prosecutions (No 13) 1628:Supreme Court of the Australian Capital Territory 1611: 1050:Supreme Court of the Australian Capital Territory 1033: 400:in 2000. In 2000 and 2001, while detained in the 392:against his conviction. He lost an appeal in the 253:, the shadow attorney-general, who also met with 153:Supreme Court of the Australian Capital Territory 1790: 1757:Eastman v Director of Public Prosecutions (No 2) 1392:Eastman v Director of Public Prosecutions (No 2) 588: 586: 1725:Eastman v Director of Public Prosecutions (ACT) 685:"David Eastman released after 19 years in jail" 1516: 1495: 1459: 716:"P.S. case studied. Case could set precedents" 682: 523:On 27 May 2009 Eastman was transferred from a 1654: 1411: 1242:"Inquiry ordered into 1989 Winchester murder" 894: 583: 1804:People from the Australian Capital Territory 1123:"Murderer Eastman's final retrial bid fails" 1120: 177: 1209:"Eastman was fit to plead: judicial review" 472: 1834:People educated at Canberra Grammar School 1741:Eastman v The Australian Capital Territory 862: 785: 783: 781: 779: 777: 384:Subsequent to his conviction, Eastman was 365:Assoc. Prof. David Hamer, Faculty of Law, 1287: 1259: 1029: 1027: 1025: 1023: 1021: 557: 555: 1339: 1309: 1153: 638: 636: 396:in 1999; and a subsequent appeal to the 188:Australian Department of Foreign Affairs 1156:"Winchester murder trial, fair or not?" 1116: 1114: 1112: 1110: 1108: 841:Guilliatt, Richard (25 February 2013). 836: 834: 791:"The case against David Harold Eastman" 774: 745: 710: 504:Whilst in custody, in 2001 Eastman was 1791: 1239: 1181: 1018: 678: 676: 674: 672: 552: 499: 353:academic, David Hamer, reported that: 271: 1844:People wrongfully convicted of murder 1552:"Eastman to keep public housing flat" 1502:Byrne, Elizabeth (22 November 2018). 1501: 1345: 1265: 1154:Campbell, Roderick (6 January 2017). 1081: 991: 985: 739: 704: 633: 592: 1582: 1522: 1147: 1105: 1084:"David Eastman wins right to appeal" 1075: 921: 888: 831: 642: 593:Byrne, Elizabeth (14 October 2019). 541:List of miscarriage of justice cases 306: 25:David Eastman (British Army officer) 23:. For the British Army officer, see 1839:Overturned convictions in Australia 1576: 1523:Back, Alexandra (14 October 2019). 1092:Australian Broadcasting Corporation 669: 629:. ACT. 3 November 1987. p. 18. 13: 92:, and subsequent acquittal of the 14: 1860: 1605: 1266:Byrne, Elizabeth (26 July 2023). 1217:. 10 October 2005. Archived from 799:. 4 November 1995. Archived from 683:Murphy, Damien (22 August 2004). 1691:David Harold Eastman v the Queen 1617:"Report of the Board of Inquiry" 1182:Ierace, Mark (5 November 2010), 1039:"Report of the Board of Inquiry" 438:jurist in the ACT and the first 380:Subsequent appeals and inquiries 186:who died in 1987, worked at the 1544: 1481: 1453: 1433: 1412:Gorrey, Megan (30 March 2017). 1405: 1385: 1365: 1240:Mosley, Lisa (10 August 2012). 1233: 1201: 1175: 953: 897:"Eastman arrested: court today" 895:Campbell, Rod (19 April 2008). 330: 220:Australian Bureau of Statistics 19:For the Alaska politician, see 1460:Burgess, Katie (11 May 2018). 1346:Inman, Michael (30 May 2014). 1121:Pryor, Sally (19 April 2008). 870:"Colin Stanley WINCHESTER APM" 615: 1: 1560:. 3 June 2006. Archived from 1196:Government of New South Wales 979:National Library of Australia 969:. 11 November 1995. p. 1 929:"David Eastman appeal upheld" 915:National Library of Australia 768:National Library of Australia 733:National Library of Australia 546: 402:Goulburn Correctional Centre 162:Eastman sought leave to the 7: 1325:Australian Associated Press 1082:Solly, Ross (28 May 2003). 939:Australian Associated Press 643:Moor, Keith (31 May 2014). 571:. Australia. 22 August 2014 534: 529:Alexander Maconochie Centre 10: 1865: 1829:People acquitted of murder 1799:Australian public servants 1765:Supreme Court (Full Court) 1655:Selected legal proceedings 1583:Kent, Paul (31 May 2014). 1400:Supreme Court (Full Court) 275: 21:David Eastman (politician) 18: 1761:[2014] ACTSCFC 2 1667: (10 February 1995), 1396:[2014] ACTSCFC 2 1376:[2014] ACTSC 178 961:"Eastman judge's warning" 934:The Sydney Morning Herald 817:Australian Federal Police 690:The Sydney Morning Herald 463:Australian Federal Police 263:Australian Federal Police 209: 178:Early life and background 137:Australian Federal Police 118: 113: 103: 81: 71: 61: 51: 41: 34: 16:Australian public servant 1779: (2 December 2016), 1777:[2016] ACTCA 65 1661:R v David Harold Eastman 623:"Family notices: Deaths" 473:Retrial and compensation 1763: (22 August 2014), 1745:[2008] ACTCA 8 1679:[1997] FCA 548 1665:[1995] ACTSC 3 1398: (22 August 2014), 193:Canberra Grammar School 139:Assistant Commissioner 56:Canberra Grammar School 1729:[2003] HCA 28 1709:[2000] HCA 29 1695:[1997] FCA 76 1444:[2000] HCA 29 825:No. 49, December 1995) 459: 374: 345:. Eastman was legally 1767: (ACT, Australia) 1747: (1 April 2008), 1715:1 (25 May 2000), 1681: (25 June 1997), 1402: (ACT, Australia) 1192:Department of Justice 1184:"Fitness to be Tried" 992:Hamer, David (2015). 444: 436:Indigenous Australian 355: 199:, and he went to the 143:and was sentenced to 1783:(ACT, Australia) 1751:(ACT, Australia) 1731: (28 May 2003), 1671:(ACT, Australia) 1446: (25 May 2000), 1382:(ACT, Australia) 1378: (30 May 2014), 1273:ABC News (Australia) 1190:, Public Defenders, 1001:Flinders Law Journal 290:semi-automatic rifle 243:Chief Police Officer 201:University of Sydney 125:David Harold Eastman 66:University of Sydney 46:David Harold Eastman 1675:Eastman v The Queen 1589:The Daily Telegraph 1440:Eastman v The Queen 913:– via Trove, 749:(3 February 1979). 500:Other legal matters 367:Flinders University 351:Flinders University 272:Death of Winchester 90:wrongful conviction 1647:The Canberra Times 1530:The Canberra Times 1467:The Canberra Times 1419:The Canberra Times 1352:The Canberra Times 1161:The Canberra Times 1128:The Canberra Times 1069:The Canberra Times 966:The Canberra Times 902:The Canberra Times 803:on 5 December 2010 796:The Canberra Times 756:The Canberra Times 721:The Canberra Times 627:The Canberra Times 434:, later the first 182:Eastman's father, 1849:1989 in Australia 1613:Martin J (Acting) 1035:Martin J (Acting) 874:Australian Police 317:ACT Chief Coroner 307:Legal proceedings 145:life imprisonment 122: 121: 1856: 1650: 1644: 1642: 1637:on 12 March 2019 1636: 1630:. 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Index

David Eastman (politician)
David Eastman (British Army officer)
Canberra Grammar School
University of Sydney
Public servant
Trials
wrongful conviction
murder
Colin Winchester
Allan Eastman
public servant
Canberra
Australian Federal Police
Colin Winchester
life imprisonment
quashed
Supreme Court of the Australian Capital Territory
retrial
High Court
appeal
jury
Allan Eastman
Australian Department of Foreign Affairs
Canberra Grammar School
dux
University of Sydney
Treasury
Australian Bureau of Statistics
Ombudsman
public service

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