COMMITTAL HEARING - MURDER - DEFENDED HEARING - DNA EVIDENCE - FINGERPRINT EVIDENCE

Published 12 Sep 2011

CASE STUDY - Defended Hearing - Committal Hearing – Murder

The facts: Circumstantial case against a person where fingerprints found within the deceased’s residence; DNA allegedly found on the murder weapon; where many witnesses claimed that if anyone could have killed the deceased, it would have been the accused.

The Result: Case dismissed at committal – client discharged. The DNA evidence was totally unsatisfactory and was initially presented in such a way that one might conclude that it must have been the accused. Upon cross examination, it was found that the type of DNA was not limited to the accused and could be found amongst different races of people rather than being specific to one individual. The fingerprint evidence could have resulted from the accused’s frequent attendance at the deceased’s premises. Evidence trying to link the accused’s typical clothing was unsatisfactory. The time of death was explored and found to be so broad that the murder could have occurred earlier than first thought by investigators.

This case was a perfect example of an experienced criminal lawyer (Philip Stewart, accredited specialist in criminal law) recognizing the need for a committal hearing, successfully applying for the opportunity of cross examining witnesses and connecting that evidence in such a way as to persuade the Magistrate that the case could simply not be made out on the available evidence.

If you need advice from a criminal lawyer, contact one of our criminal law specialists immediately at our Parramatta or Sydney office.