Countdown to Wrongful Conviction Day: Friday, October 2, 2105; 19 days. For information: http://www.aidwyc.org/wcd-2015/
"David Harold Eastman is suing the ACT government for wrongful imprisonment. An ACT Supreme Court suit alleges Eastman is eligible for compensation under the Human Rights Act. Attorney-General
Simon Corbell confirmed he was aware of the litigation, but declined to
comment on the case as it was before the courts. Lawyers have previously speculated that Eastman could be
eligible for millions of dollars in compensation if he were to pursue a payout. Eastman spent 18 years, nine months, and 12 days (6860 days) behind
bars for the murder of Australian Federal Police Assistant Commissioner
Colin Winchester in 1989. Last year,
an inquiry found his 1995 trial had been a
miscarriage of justice, and the full bench of the ACT Supreme Court subsequently
quashed his conviction. Canberra prosecutors intend to
retry Eastman, but he has
launched a stay application to halt the case – on the grounds he will not be able to get a fair hearing – before it can go before a jury. The stay application is listed to be
heard before Acting Justice David Ashley, QC, in February. Court
papers, filed by Eastman's lawyers, Ken Cush and Associates, last week,
said the civil claim came as a result of their client's unlawful
detention and wrongful conviction. It alleged the former Treasury
official's imprisonment caused him deprivation of liberty, lost income,
to suffer mental harm, damage to his reputation, and he had expended
legal cost and time in fighting to reverse his conviction..........It
is understood Eastman has not received an ex gratia payment – a one-off
payment when the government is prepared to compensate a person, but not
admit liability – but was provided assistance upon release. The
government Throughcare program helps all ex-prisoners with housing,
health, financial advice and other rehabilitation, including
reconnection with family and friends. Mr Corbell said: "ACT
Corrective Services has provided Mr Eastman with the same support as all
other detainees who have been released from the Alexander Maconochie
Centre, including access to the Extended Throughcare program, to support
his transition back into the community, while on bail.........The suit follows a number of payouts for unlawful imprisonment in other high profile Australian cases. Eastman
was locked up longer than Perth man Andrew Mallard, who received a
$3.25 million payout in 2009 after serving 12 years for a murder he did
not commit. Mr Mallard, who was cleared in 2006, also received an ex gratia payment of $200,000 upon his release. Alice
Lynne "Lindy" Chamberlain got a payout of $1.3 million in compensation
in 1992 after she spent about three years behind bars for the death of
her nine-week old daughter, Azaria, at Uluru in 1980. A coronial inquest in 2012 found a dingo had killed the child. John
Button was granted a $400,000 ex gratia payment after he was wrongly
convicted of manslaughter over the hit-and-run death of his 17-year-old
girlfriend Rosemary Anderson. Mr Button had just turned 19 in 1963 when he was sent to Fremantle Prison for five years. He
was exonerated in 2002 at age 56 when a West Australian court ruled
that Ms Anderson had actually been murdered by serial killer Eric Edgar
Cooke. Despite the pardon, Mr Button is still fighting for an
apology and compensation for his wrongful imprisonment, even with clear
evidence showing flaws in the investigation."