Frits Van Beelen: South Australia: The Advertiser reports that Van Beelen vows to continue his 46-year fight to clear his name over the murder of Deborah Leach after the High Court found he had the right to present “fresh and compelling evidence” on re-appeal in South Australia..."Kevin Borick, QC, for Van Beelen, told The Advertiser that he was “not surprised” by the High Court’s decision to throw out the appeal. But he said the judgement opened the door for Van Beelen to present “fresh and compelling evidence” to the Full Court of the Supreme Court of South Australia. “The court has accepted that we have the right to appeal back to the Full Court — that’s what we will be doing,” he said. The High Court found it did not have the power to determine the fresh evidence, which is based on affidavits by three witnesses, but confirmed it was “open to him” to apply for permission to re-appeal in SA...." During the High Court appeal, Mr Borick argued that forensic scientist Dr Colin Manock fixed the time of Deborah’s death, by relying on an analysis of her stomach contents — a method that has been disproved since by scientific advancement."

STORY: "The High Court has thrown out an appeal by child killer Frits Van Beelen for the murder of Deborah Leach at Taperoo Beach in 1971," by court reporter Meagan Dillon, published by The Advertiser  on November 7, 2017.

GIST: Frits Van Beelen will continue his 46-year fight to clear his name over the murder of Deborah Leach after the High Court found he had the right to present “fresh and compelling evidence” on re-appeal in South Australia. On Wednesday, the High Court of Australia dismissed Van Beelen’s appeal against his conviction for the murder of 15-year-old Deborah at Taperoo Beach in 1971. Van Beelen, 69, who had previous convictions for sexual assault, was released from prison in 1990 after serving 17 years’ jail. He has consistently maintained his innocence. Kevin Borick, QC, for Van Beelen, told The Advertiser that he was “not surprised” by the High Court’s decision to throw out the appeal. But he said the judgement opened the door for Van Beelen to present “fresh and compelling evidence” to the Full Court of the Supreme Court of South Australia. “The court has accepted that we have the right to appeal back to the Full Court — that’s what we will be doing,” he said. The High Court found it did not have the power to determine the fresh evidence, which is based on affidavits by three witnesses, but confirmed it was “open to him” to apply for permission to re-appeal in SA. “In the circumstances, it is inappropriate to say anything further about the material that is the subject of the application to reopen,” they said. During the High Court appeal, Mr Borick argued that forensic scientist Dr Colin Manock fixed the time of Deborah’s death, by relying on an analysis of her stomach contents — a method that has been disproved since by scientific advancement. Dr Manock’s timing of death, of 4.30pm, was crucial to the appeal because Van Beelen had an alibi for about 4.40pm. But the High Court found that even if Dr Manock’s “erroneous opinion” about the time of death had not been included in the trial, there was still a “significant possibility” a jury would have convicted him. It found that the prosecution had established beyond reasonable doubt that Deborah was dead by 4:50pm. “In the absence of the pathologist’s opinion concerning the time of death, there was a window of 20 minutes after (Van Beelen) left Taperoo Beach during which the expert evidence could not exclude the possibility that death occurred,” they said in their decision. “The court held, however, that this did not significantly reduce the improbability of a person other than the appellant being the killer. “The Court held that the majority of the Full Court had been right to conclude that there was not a significant possibility that a properly instructed jury, acting reasonably, would have acquitted (Van Beelen) even if the pathologist’s opinion concerning the time of death had not been admitted.” They said Deborah was last seen alive about 4pm and ran passed Van Beelen’s parked car.

Her body was found 98m from that location. “(Van Beelen) was on the beach at this time and he was wearing his red and black woollen jumper.” The High Court said the “inference of guilt” depended upon all of the circumstances, but critical to it was the conclusion that another man wearing a red and black jumper was on the beach at the same time and killed Deborah. “Dr Manock’s evidence said nothing as to this possibility,” they said. In June, Director of Public Prosecutions, Adam Kimber SC, told a full sitting of the High Court in Adelaide that Van Beelen was inextricably linked to the rape and murder of Deborah Leach. The High Court had to determine if the new revelations on stomach content evidence was enough to justify overturning the conviction. The State Government had been keeping a close eye on the case along with the upcoming appeal of convicted murderer Derek Bromley. Bromley has spent more than 30 years proclaiming his innocence. His lawyers have also argued there are numerous discrepancies in the original autopsy report prepared by Dr Manock. Van Beelen could have sued the State Government if his conviction was overturned. “The issue of compensation is open in any of the cases in which Dr Manock is involved,” Mr Borick said. In July 2016, SA Chief Justice Chris Kourakis ruled that forensic evidence at Van Beelen’s trial from Dr Manock was flawed and that his conviction should be quashed and a new trial ordered. He found that “a substantial miscarriage of justice has occurred” and that it was “significantly possible” a jury armed with the evidence would have acquitted Van Beelen. But Justices Trish Kelly and Ann Vanstone ruled the opposite — finding that while evidence challenging Dr Manock’s findings were fresh they were not compelling. Van Beelen, 69, relied on 2013 legislation allowing historic convictions to be appealed if “fresh and compelling evidence” arose in an effort to win a retrial."

The entire story can be found at:

http://www.adelaidenow.com.au/news/law-order/the-high-court-has-thrown-out-an-appeal-by-child-killer-frits-van-beelen-for-the-murder-of-deborah-leach-at-taperoo-beach-in-1971/news-story/684e354c32150b4766a017e0575e92f8

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog.