Intracies of the Law !

It is an old maxim that says " nothing is certain within the law " !  Past cases can only be taken as a guide.  Each case brings a new interpretation of the thinking that will be applied and the finding that it delivers may set an entirely new precedent.

In June, 1995 a news media story enthralled Australia. The body of Caroline Byrne (24) a model and actress was found on the rocks beneath Sydney's infamous " Gap ".  The police began an investigation to determine if she died of suicide - or murder.

The chief suspect quickly became her boyfriend, Gordon Wood who was chauffeur to controversial stockbroker Reve Rivkin.  When he went to trial the prosecution was handled by the NSW chief prosecutor, Mark Tedeschi.  It was a complicated case and there were numerous errors. Photographs of the Gap alleged to be from 1996 were actually taken in 2003 and bushes that could have impeded Ms Byrne from gaining momentum to launch off the rim were therefore misleading.

An expert witness gave evidence that Ms Byrne might have been " spear " thrown to gain momentum and land well away from the cliff base.  When the case concluded Mr Woods was found guilty and sentenced to a long prison term.  He served three years, during which he was bashed and forced to spend his time in protective custody, before having the sentence reversed on appeal - and released.

Gordon Wood commenced a malicious prosecution case against the state of New South Wales with the claim that prosecutor Mark Tedeschi had conducted a malicious prosecution against him. On Friday, Justice Elizabeth Fullerton said she was not persuaded that the prosecutor acted maliciously and found for the state of New South Wales.  She awarded the state's costs against Mr Woods.

Justice Fullerton said the flaws in Mr Woods trial "  were ultimately productive of great unfairness " and though he had not been prosecuted maliciously, he had been "prosecuted without reasonable and probable cause ".  Justice Fullerton went on to say that when Mr Tedeschi gave evidence, " he  had a persistent lack of insight into the flawed approach he took ".

Mr Woods would have expected a payout running to millions of dollars for his distress and time spent in prison, but he is now responsible for the state's cost in this failed compensation case and that could cause him having to fund a claim that runs to a six figure total.

It is possible that this long running case may see more mileage.   The issue of whether the prosecution was " malicious " has been settled, but Mr Woods did spend three years in prison for a crime the court has decided he did not commit.  Mr Woods is now 55 years old and the notoriety associated with the  Caroline Byrne case is unlikely to help him establish a rewarding late career.

Now it depends on whether the state will persist in fighting any new claim for compensation - tooth and nail - or whether it will concede that the prosecution of Gordon Wood was not their finest hour and waive those costs awarded by Justice Fullerton and contribute a fair settlement ?

The only people expecting that to happen probably still believe in the tooth fairy !