Andrew Mallard Case Study

Justice can be achieved through various processes and principles if applied correctly, similarly justice can also be denied through these same processes and principles. This is exemplified through the Andrew Mallard case (M v The Queen 2005 HCA 68), and the missing persons case of Kieffen Raggett (2007) which shows how the incorrect application of processes like police investigations and coronial inquests can lead to justice being denied. Furthermore, legal principles such as; the rights of the accused and victims, are instrumental in achieving justice as shown through the application of these principles within these cases. These processes and principles can fail due to prejudged conclusions, police corruption, human error and cultural barriers

as evident in these cases.
Police investigations are vital in the Australian legal system, and are paramount in justice being denied or achieved. The main role of a police investigation is to gather evidence, which includes interviewing witnesses, gathering forensic evidence and interrogating suspects. (Western Australian Police 2018). Forensic evidence is obtained by police in a specific procedure which includes; the taking of prints, examination of the person’s body, and taking biological material from the person (Legal Commission of South Australia 2018). In conjunction with the police investigation a forensic autopsy will be conducted by the coroner’s office. This differs from a hospital autopsy, as it examines the body for signs of trauma, injury or foreign objects, this enables the coroner to determine when and how the deceased may have died, this can then be used as evidence in a trial. (Moles, R 2018). It is crucial that the police investigation is conducted according to the law and in an ethical and unbiased manner. Given that this process relies heavily on people, it is unlikely every investigation is conducted properly, which is a catalyst for miscarriages of justice. This leads to problems within the legal system such as the denial of the rights of the accused and victims, which in turn leads to justice being denied, something that is present in both cases. Police investigations can be critical in providing justice for individuals and society conversely, they can also deny justice for society and individuals, as highlighted in the Mallard and Raggett cases.
The coroner’s office is integral to the legal system, as it provides the police and the judiciary with findings that can be used as evidence, this is especially true for homicides and missing person cases. A coronial inquest will occur when there is an unnatural death, or in unexplained circumstances. These proceedings are more inquisitorial than normal court proceedings as the coroner will gather all the evidence, the coroner will then present their findings (Milgate et al 2016).The problem occurs when coronial inquests are delayed, like in the Raggett case, as this means they will not be administered correctly as evidence and witness statements will be compromised and inconsistent.Inquests aid in the pursuit of justice for individuals and society, however, when used ineffectively it can deny justice, like in the Mallard and Raggett cases.
The rights of the accused and victims are critical in the Australian legal system, as it aids in the achievement of justice.

Victims’ rights include being informed of the investigation, being able to make a witness statement, being informed of the charges laid against the accused and being treated with sympathy and compassion. (Charter of Victim’s Rights NT 2016). The rights of the accused are outlined Article 14 of ‘The International Covenant on Civil and Political Rights’, which states that the accused must; be informed of the charges laid against them, have adequate time to prepare and choose a counsel of their choosing, be tried without undue delay, be tried in the presence of the court, not be compelled to testify against themselves or confess guilt and be compensated by the court if wrongfully convicted (ICCPR 1966). These rights must be upheld to ensure equality before the law, however, when neglected justice is denied as illustrated in the Mallard and Raggett

cases.
The processes and principles applied within the Mallard case and the Raggett denied justice for society and the individuals. The police investigations were conducted improperly and incorrectly, which led to the rights of the accused and victims being denied. There were a multitude of ways these investigations were compromised including police corruption, human error, prejudged conclusions and cultural barriers. Andrew Mallard was convicted of the murder of Pamela Lawrence on 15 November 1995. The police investigated around 200 suspects, but continually returned to Mallard, as he ‘fit the bill’. It was later revealed that the police investigation was deeply flawed, which led to the eventual appeal, in which the High Court quashed the original outcome and Mallard was released on 20 February 2006 (Fair Trials 2013). Justice was denied for Mallard and society for many years, until his eventual release and compensation. Kieffen Raggett was an Indigenous boy who went missing on 2 November 2007, and was found deceased after an extensive search around 500m from his home in Borroloola (Little Boy Lost 2010). The police concluded that his death was an accidental drowning so his death was classified as non-suspicious awaiting an autopsy. Eventually, due to new evidence a coroner’s inquest was conducted which found his death to be suspicious, and named suspects. Justice will never be achieved for Raggett or his family, as evidence has since been destroyed and witness statements are wildly inconsistent. There are many similarities between these two cases as the police investigation was substandard and their respective rights were denied in each case. In both cases, the police’s inability to go beyond their preconceived ideas about what happened resulted in a delay in discovering the underlying truth in these cases.
The police investigation in the Mallard case was deeply flawed due to prejudged conclusions and police corruption. Mallard stated that during these interviews he was asked to put “forward his own theories of how it had been committed” (Fair Trials 2013), during this time the police prompted with things that would connect him to the murder. Mallard refused to sign the notes taken by the police as they did not accurately reflect what was said, nevertheless they were still admitted into evidence, as the police couldn’t move past their original theory concerning Mallard. This demonstrates the denial of the rights of the accused as a mentally ill suspect was taken advantage of and coerced into admitting guilt (ICCPR 1966).
The High Court found that the police investigation was deeply flawed and denied justice for Mallard because “material evidence was not disclosed that bore upon the guilt of Mallard” (High Court 2005). A review of the case found “25 adverse findings against two of WA’s top policemen for their roles in convicting Mallard” (Thomson, C 2008). Both the High Court appeal and the review of the case suggest that police corruption was present in the Mallard case. This demonstrates the denial of justice as the legal processes and principles were not applied appropriately, which led to justice being denied for Mallard and society.
The police investigation was conducted improperly in the Raggett case due to cultural barriers, prejudged conclusions and human error, which led to justice being denied for society and individuals. This case was not given the priority or resources that it needed due to the police’s initial dismissal of the case. This is evident when this case is contrasted with other cases of a similar manner like the Daniel Morcombe case. Inevitably, this led to a “lack of diligence by members and their supervisors in the initial investigation of this young boy’s death” (Cavanaugh, G 2011).
The police “ignored compelling evidence of two sets of footprints” (Cavanagh, G 2010). contrary to the suggestion of the victim’s family, which contributed to the failure of the police investigation. This could be due to a cultural barrier, because the police couldn’t identify the footprints unlike the Indigenous people who can track footprints. The flawed police investigation demonstrates the denial of justice for the victims and society.
An initial autopsy was conducted by Doctor Terrence Sinton on 6 October 2007, during which, other evidence was considered such as the rocks that were found inside Raggett’s shorts and the red t-shirt that was found in the waterhole, despite this Dr. Sinton still asserted that “it was likely he fell” (Sinton, T 2007),This suggests that the police and coroner were couldn’t move past their initial theory of an accidental drowning. The issues present in the first autopsy led to the subsequent denial of justice for society and individuals.
While the investigation continued, Raggett’s family was not “given any insight into the progress of the investigation.” (Callinan R 2012).

This illustrates the refusal of the rights of victims and the inevitable denial of justice for society. The coronial inquest that was conducted in 2011, corrected some of the initial issues with the investigation. Before the inquest, vital DNA evidence was disposed of, as a result of human error, which meant that the likely suspect could not be identified. As a result of human error the inquest provided some form of justice for society but due to how late it was conducted the family did not receive justice

fully.
The appeals system is protection against these problems to some extent, however it usually means that justice is delayed for many years. Another safeguard against the issues present in these cases, may be to increase resources and funding for police, especially in Indigenous communities. The elimination of human error is difficult as the legal system is based upon humans, a way to mitigate these errors could be to take extra precautions with evidence.
Fundamentally, the failure to apply legal principles and processes correctly resulted in the miscarriage of justice in the Raggett and Mallard cases. The police investigations and coronial inquest were conducted improperly, leading to the failure of the rights of the accused and victims and ultimately the denial of justice. The coronial inquest and police investigations were conducted incorrectly due to police corruption, preconceived conclusions, human error and cultural barriers. These cases illustrate the issues that occur when these principles and processes are neglected, especially the denial of justice. There are many benefits to the Australian legal system, yet the problems that can arise if the processes and principles are ignored can undo the importance of the judiciary.