The investigative stage and the analysis of evidence recovered are critically important as they will go on to form the prosecution’s case against the accused (Langdon & Wilson, 2005). Brookman, (2005) notes that in this early investigative phase of gathering evidence from a crime scene, it’s not unusual for errors to be identified, as the crime scene is often a scene of chaos, as police officers and investigative teams gather together. The combination of forensic crime scene errors and the over-reliance on circumstantial evidence may often lead to wrongful convictions. Consequently it is on these grounds that Farquharson’s was granted a retrial, with Victoria's highest court finding that a "miscarriage of justice" had occurred (Milovanovic,
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The prosecution’s case was that it was not an accident and presented a case which involved four components of evidence: medical, reconstruction of the vehicle pathway, testimony from Farquharson’s close friend Mr King and the accused dam-side behaviour (Farquharson). Firstly, medical evidence centred on the uncommonness and questionability of the condition that Farquharson had presented with cough …show more content…
The prosecution and police have the benefit of gaining access to as much information about the crime, giving them the initial advantage as a result full and adequate disclosure is of utmost importance. Inadequate disclosure is often regarded as more of a procedural failing, not directly influencing the outcome of the trial, however when it involves the credibility of a witness and their testimony it runs the risk of an unfair trial considerably (Macfarlane, 2006). Likewise in this case, the prosecution failed to disclose prior to the verdict that Mr King had indictable offence charges pending and police had agreed to delay charges until after the trail. According to the R v Farquharson (no44) (2009) Mr King claimed Farquharson had told him he would, “Kill them”, that “There’d be an accident where I survive and the kids don’t. It’d be on a special day … Something like Father’s Day.” Consequently the defence viewed Mr King as a witness that had more to gain by giving evidence consistent with a version that would gain him the benefit of a favourable plea bargain and the assistance of the police in court when it came to his own sentence hearing (Farquharson). Failure to disclose rendered the defence unable to discrete Mr King in front of the
The prosecution’s case was that it was not an accident and presented a case which involved four components of evidence: medical, reconstruction of the vehicle pathway, testimony from Farquharson’s close friend Mr King and the accused dam-side behaviour (Farquharson). Firstly, medical evidence centred on the uncommonness and questionability of the condition that Farquharson had presented with cough …show more content…
The prosecution and police have the benefit of gaining access to as much information about the crime, giving them the initial advantage as a result full and adequate disclosure is of utmost importance. Inadequate disclosure is often regarded as more of a procedural failing, not directly influencing the outcome of the trial, however when it involves the credibility of a witness and their testimony it runs the risk of an unfair trial considerably (Macfarlane, 2006). Likewise in this case, the prosecution failed to disclose prior to the verdict that Mr King had indictable offence charges pending and police had agreed to delay charges until after the trail. According to the R v Farquharson (no44) (2009) Mr King claimed Farquharson had told him he would, “Kill them”, that “There’d be an accident where I survive and the kids don’t. It’d be on a special day … Something like Father’s Day.” Consequently the defence viewed Mr King as a witness that had more to gain by giving evidence consistent with a version that would gain him the benefit of a favourable plea bargain and the assistance of the police in court when it came to his own sentence hearing (Farquharson). Failure to disclose rendered the defence unable to discrete Mr King in front of the