The Scales of Justice !

Gordon Wood spent three years in prison when he was convicted of murdering Caroline Byrne by throwing her off the Sydney " Gap ".  It was a sensational case that attracted much media attention and one of the points of contention was the fact that Ms Byrnes body was found seven metres from the base of that cliff.  It was contended that would be impossible if she had simply jumped, and the distance proved that she had been " thrown ".

An expert witness testified that a " spear " action might have produced that result and the jury was shown a photograph dated 1996 which showed bushes that would have prevented Ms Byrne running to gain momentum.  It was later fond that this photograph was taken in 2003 - and those bushes were not present earlier.   The expert witnessed wrote a successful book on the trial and it was suggested that he had a motive for wishing to see a conviction recorded.

Mr Wood (54 ) is now suing New South Wales for a multi million compensation package and the action has seen the Crown prosecutor, Mark Tedeschi QC take the stand to deny that he withheld evidence that might have cleared Mr Wood.   At that time, Mr Wood was employed as a chauffeur, bodyguard and general dogsbody for controversial share trader Reve Rivkin.

Mark Tedeschi has an illustrious career success in gaining convictions and this line of questioning over his impartiality has drawn friends and relatives of those of his past convictions to sit in court and carefully evaluate proceedings.   It has become evident to many people that the purpose of a prosecutor is to gain a conviction rather than establish that justice has been served.   The court is merely a " theatre " in which prosecution and defence do battle to convince a jury sitting before a presiding judge that they have the better argument.   To either - the guilt or innocence of the accused is immaterial.   They are there to win and such wins burnish their careers.

This Wood/Byrne case illustrates how an outcome can depend on external factors.  It became clear that the initial police investigation was deficient.  Many details of the position of the body were not accurately recorded.  The tabling of an incorrect photograph was a cardinal error, but it is unlikely that it was done with malice.   Expert witnesses are free to write books, but this was not made clear as an intention at the time evidence was given, and it must be accepted that the conviction was sensationally acquitted by the  Court of Criminal Appeal in 2012.   They got it wrong !

That is one of the reasons why we discontinued the death penalty.  Later acquittals are common, but that is of little use if an execution has extinguished the life of an innocent person.   Gordon Woods will probably get his compensation - and further trials will again be a battle between the prosecution and defence - with actual justice coming a very poor second to the skill of those adversaries in court to twist words and create illusions to suit their case.

Facing prosecution is very much a roll of the dice.  Luck will feature in many decisions and luck can go either way, but across the civilized world it is a fact of life that asking an accused to be judged before a jury of his or her peers is probably the best form of justice that we humans have been able to devise !