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February 2014 Issue 43

NSW Branch Newsletter

Inside this issue:

New Members 1

NEXT MEETING:

Police & Justice

Museum Visit 26 Feb

President’s Message

March MEETING:

Museum of Human

Disease Visit 26 Mar

REVIEW: Dr Jo

Duflou, The Silent

Killer

Member In The

Spotlight: Dr Scott

Chadwick

REVIEW: Annual

Dinner, Hugh Selby

1

2

3

4-6

7

8-12

Branch Contacts 13

Submit your

abstracts and

scholarship

applications for the

2014 ANZFSS

Symposium in

Adelaide NOW!

Exciting branch

meetings coming

up at the Police &

Justice Museum (Feb)

and the Museum of

Human Disease

(March).

NSW Branch

AGM to be held

in late March, watch

this space!

New Society Members:

The NSW Branch of ANZFSS warmly welcomes the following new members:

Anna AGIUS

BJ BONES

Danielle GOLGINI

Alice STEVENSON

Alexandra SUMMERELL

All branches now have standardised email addresses. The NSW Branch can be contacted

on nswbranch@anzfss.org. This address is active and, as per recent emails from our

Secretary, will become the only portal for communication with the NSW branch from now

on. Our previous email address, nsw.anzfss@gmail.com, ceased to be active as of release of

this newsletter. We ask all members to update their email contacts to ensure branch

correspondence does not end up in your spam folder. Please also note that if at any time you

can’t remember the email address, you can get in contact via the website.

As per the flyer distributed by email, our February branch meeting is an outing to the Sydney

Police & Justice Museum for an exclusive look at the extraordinary City Of Shadows

exhibition. Those members who have already secured tickets are asked to meet at the

Museum for a 6:30pm start THIS WEDNESDAY 26/2/14.

Curator Peter Doyle describes the exhibition as “an intimate, raw and hauntingly beautiful

record of the mysterious people and dark places of a Sydney lost. Focusing on the victims,

perpetrators and vicinities of crime, the original City of Shadows introduced the world to the

museum’s extraordinary and compelling collection of police forensic photography dating from

1912 to 1948. You will meet thieves, breakers, receivers,

magsmen, spielers, urgers, gingerers, false, pretenders, hotel

barbers, shoplifters, dope users, prostitutes, makers of false

oaths and the occasional murderer. This is a unique

opportunity and free to members only. The evening includes a

guided tour by the curator, and an opportunity to win a signed

copy of the book by Peter Doyle, “Crooks like us”.

For those who missed out on tickets for the 26/2/14 visit (due

to strictly limited numbers), please email the Branch at

events.nswanzfss@gmail.com expressing your interest for a

second visit to be arranged. If there is sufficient interest, a

second visit will be arrange for Wednesday 5/3/14.

*****DON’T MISS OUT!!*****

Next Branch Meeting; A Visit to the ‘City Of Shadows’

Exhibition at the Police & Justice Museum:

New Branch Email:

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President’s Message:

Welcome back to all our existing and new members for this new year – 2014! The NSW branch has

organised an exciting year of meetings – starting with the first this week, at the Sydney Police and Justice

Museum at Circular Quay. The ‘City of Shadows’ exhibition promises to be a fantastic trip down the history

books of crime scenes in Sydney CBD during the 1920’s, and will be accompanied by a presentation by the

museum curator Nerrida Campbell (who, as it turns out, is a past ANZFSS member). Due to the resounding

response by you all for this evening tour, I have negotiated with the museum for a second evening on the 5th

March, so if you have received an email saying you were on a waiting list, please let us know if you’d still like

to come along, and we will forward a ticket to you. So if you missed out this first date, or are just hearing

about it now, please send us an email (events.nswanzfss@gmail.com) and register your interest to attend on

the 5th March. Tickets will be allocated on a first come first served basis and are again these are strictly

limited. Get in quick!

Other planned events this year include a visit to the Museum of Human Disease at University of New South

Wales in March and later in the year we hope to bring you a Public Night with guest speaker Dr Gordian

Fulde, Director of Accident and Emergency at St Vincent’s Hospital – one of the busiest A&E in Sydney CBD,

especially on Friday and Saturday nights. We will take a stroll around The Rocks, discovering scenes of

murder, suicide and hauntings, which should coincide nicely with the City of Shadows exhibition! Later this

year, we will be holding a trivia night, so get your forensic knowledge and masterminds together because it is

going to be based on all things forensic, past and present, and will even include a session on the years’ branch

meetings!! The night is going to be a fun-packed evening with prizes to be won – you won’t want to miss it!

Please also note our AGM this year will be in late April. Please keep an eye out for the date and

announcement of our guest speaker coming soon.

Of course this is also a conference year, with the Adelaide conference in September; abstracts are due to

close end of the month so if you haven’t already, please get them in. Instructions can be found on our

website, or contact us if you have any questions or need assistance. Also, scholarships are on offer, both

through the Executive and our NSW Branch. The scholarships also close at the end of the month, so if you

are interested, go to our website and download the application form. Applications that are submitted for the

Executive scholarships will be passed onto the branch for consideration of local branch awards. Again, please

contact us if you need any assistance in submitting your scholarship application. Remember, if you are a

recipient of a scholarship, and as part of your acceptance, you will be asked to present at a NSW Branch

meeting. This year, that presentation will be at an ‘Awards Night’ branch meeting in late July or early August

(to be advised in the coming month), with recipients being acknowledged for their research and success in

winning a scholarship.

You would have received an email earlier from us letting you know the Executive have now completed the

national membership database, along with a change of email address. There were a few minor hiccups, but the

Executive have now got the system up and running, so expect to see an email very soon from the executive

outlining how you can access your own membership details. It will be easier and faster for you to change your

contact details this way, ensuring that you always hear about new and upcoming events both at the local level

and from the Executive as soon as such news is released.

Lastly, we bid farewell to Aldo Severino, our Membership Officer and committee

member for many years. Aldo was responsible for coordinating all membership

applications and renewals and constructed and maintained our first local

membership database up until 2011. Although Aldo has stepped down from his

position, he remains a member and assures me he will be at many future

meetings. Thanks for all your hard work Aldo! For all membership enquiries and

assistance, please contact our Secretary via our new email address.

Enjoy the first newsletter for 2014, and I hope to see you all at a meeting some

time this year. - Alison Sears, President, NSW Branch ANZFSS

Page 2 NSW Branch Newsletter

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March 2014 Branch Meeting; A Visit to the Museum of Human Disease:

Page 3 Issue 43

The Museum of Human Disease is a rare pathology Museum housing the only collection of its

kind that is open to the public...and YOU’RE INVITED!!

We are very excited to announce that the March Branch Meeting will be another very interesting excursion;

this time to the Museum of Human Disease at the University of NSW. It will be an eye opening experience

of what will REALLY kill us, from the unavoidable to the preventable and most things in between. The

Museum of Human Disease is the only publicly accessible medical pathology collection in Australia and a

leading source of health and lifestyle information.

The Museum has been meticulously updated and maintained over many years to reflect the changing patterns

of disease in our society. So what better place to hold a presentation on anatomy and pathology?

The museum contains over 2,500 specimens, which display diseased

human tissue at the macroscopic level preserved in plastic pots.

Specimens are obtained both from organs removed surgically and

from tissue obtained at autopsy, where the natural history of

disease is in full view. Each specimen is numbered and is

accompanied by a clinical history. Some specimens are over 100

years old and are irreplaceable.

Museum staff (and guest speaker from UNSW-yet TBC) look

forward to educating us on health and disease and shedding light on

various diseases. More information on the Museum can be found at:

www.diseasemuseum.unsw.edu.au Keep an eye out for the flyer &

email regarding our March Branch Meeting. Save the date now!

Symposium Scholarship Applications Now Open:

WHERE: Museum of Human

Disease, Ground Floor, Samuels

Building, UNSW. Corner of High &

Botany St, Kensington.

WHEN: Wednesday 26th March,

6:00pm refreshments for a 6:30pm

start.

COST: FREE or $5 for non-members.

Applications for Travel Awards to assist with your attendance at the 2014

ANZFSS International Symposium in Adelaide are NOW OPEN.

The deadline is 4.00 pm (AEDT) on Friday 28 February 2014. To apply, please

visit the Symposium website: http://www.aomevents.com/ANZFSS2014/

Symposium_Travel_Awards or the ANZFSS website: http://anzfss.org/symposium

-travel-awards/

Please note that this application process applies to the Awards available from the

Executive as well as to any that may be offered by your local Branch. Please refer

to the websites or contact our Secretary for more details.

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REVIEW: “Caffeinated Soft Beverages - The Silent Killer”, presented by Dr

Jo Duflou (Branch Meeting 16 Oct 2013). Review by Glenn Wilcher.

Professor Jo Duflou obtained his medical degree at the University of Cape Town,

and arrived in Australia in 1988, being appointed a specialist forensic pathologist at

the Division of Forensic Medicine in Glebe, Sydney. Jo has published widely in

forensic pathology and associated disciplines in various peer review journals, writing

on diverse topics including forensic pathology, cardiology, toxicology, aviation

medicine and neuropathology. He has also presented expert evidence in all

Australian States and territories as well as internationally.

There have been multiple death reports of children and adults after ingestion of

caffeinated soft drinks. The drinks all contain caffeine and a number of other

psychoactive substances such as alcohol and taurine (depending on formulations). It

has been argued there is a strong link between high caffeine consumption and sudden

death but scientific and medical evidence is lacking. At a recent branch meeting, Jo

discussed a case of sudden death following ingestion of large quantities of a

caffeinated soft drink over a period of approximately 10 years. Various hypotheses were presented based on

a detailed review of the case. Jo stated that he had been appointed as a consultant by Coca-Cola to review

the case. The Coca-Cola Company is an American multinational beverage corporation, manufacturer,

retailer and marketer of non-alcoholic beverage concentrates and syrups. Headquarters are in Atlanta, GA.

Caffeine is a stimulant found naturally in leaves, seeds and fruits of more than 60 plants. The most common

sources are coffee beans, tea leaves, cocoa beans, kola nuts and guarana plants. Caffeine can also be

produced synthetically and added to food and beverages. In New Zealand an Invercargill mother of eight,

Natasha Harris, died suddenly on 25 February 2010. Emergency services were called for a cardiac arrest

shortly after the woman’s husband, Chris Hodgkinson found her collapsed and unresponsive. Attempts at

resuscitation failed. Jo stated that the woman had not been well prior to her death and explained that he had

been approached to provide an expert opinion.

Ms Harris had a complicated health and lifestyle history. She smoked 25 to

35 cigarettes per day. She also consumed between 4.5 and 10 litres of Coca

-Cola each day. Her diet was poor; she regularly skipped meals and ate very

little. Natasha was also edentulous. Media reported her Coca-Cola ingestion

had caused her to have teeth removed after they became rotten and at least

one child was known to be born without enamel on the teeth. Natasha

vomited most mornings and described symptoms of a “fast beating” heart

i.e. palpitations. Friends of the victim and her husband would state that if

Natasha didn’t have the Coca-Cola she would experience withdrawals as if

she was on drugs. There was also a history of heavy menstrual bleeding.

Her HbA1c was a “normal value”. Jo explained this test was a good

measure of diabetes. The test measures glycated haemoglobin averaging

blood sugar levels (BSL’s) over a few months; glucose sticks to the HbA protein. Professor Duflou

mentioned long QT Syndrome (LQTS) and that the gene test was negative in Ms Harris’s case. LQTS is a

heart rhythm disorder potentially causing a ventricular arrhythmia. The rapid heartbeat may trigger fainting

and seizures. There are at least 12 genes associated with this syndrome with three genes being mutations

which account for 75% of LQTS occurrence. Acquired LQTS can be associated with certain medications

which Jo mentioned such as antibiotics, diuretics and antifungals. Also antidepressants and cholesterol

lowering drugs are associated with this syndrome. Medications the deceased was prescribed included Iron

tablets, Lasix, Primolut, Paracetamol, Mebendazole (an antifungal agent) and the antibiotic Erythromycin/

Trimethoprim. Jo detailed the deceaseds’ history of admission to hospital for iron deficiency anaemia and

blood transfusions. On one previous admission to hospital, Ms Harris had haemoglobin levels of 64g/L,

Potassium 2.9 mmol/L (hypokaelemia) and a Urea level of 1.1mmol/L which was below normal but probably

due to her poor diet being poor. RFT‘s, LFT’s and glucose were normal.

Page 4 NSW Branch Newsletter

Senior Forensic Pathologist Dr

Jo Duflou.

Ms Natasha Harris consumed up to

10L of Coca-Cola per day.

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Page 5 Issue 43

At the external autopsy examination her weight was 63 kg

with a BMI of 23.7. The internal examination demonstrated

congestion and oedema, with the liver weighing 2.37kg

(larger than usual) with steatosis and gallstones present. A

benign ovarian cystadenoma was present. Toxicology was

negative.

Potassium levels indicating hypokaelemia was consistent with

her fatigue, lethargy and a cardiac arrhythmia. A provisional

cause of death was cardiac arrhythmia. Jo stated that the NZ

Coroner, David Crerar, had sort a second opinion on

whether Coca-Cola caused hypokaelemia.

Professor Duflou stated that there were no published

references of fatal caffeine overdose cases. He went on to look at the question ‘can Coca-Cola kill?’ stating it

is rare, if ever. The active ingredient is caffeine which is a stimulant and loop diuretic with diuresis and

increases the cause of acute toxicity > 80 mg/L. Excessive caffeine can result in ventricular ectopic beats and

bigeminey (ventricular ectopic beats). Jo explained excessive caffeine can affect blood sugar levels and

notably depletion of potassium. It has been suggested high fructose corn syrup (used as a sweetener) could

contribute to causing death but Jo stated Coca-Cola’s recipe does not include fructose, only cane sugar.

Medical Record History

Professor Duflou reviewed previous medical records of Ms Harris, finding a normal potassium level of 4.3

mmol/L in 1996. In April 2009 Lasix was prescribed for fluid retention. In 2001 Natasha’s obstetrics history

revealed “primary arrest penicillin allergy”. All her teeth were extracted that same year. There was a history

of cannabis use, and a history of SIDS in the family. Jo discussed the medical history of Natasha’s iron

deficiency anaemia stating that her eight pregnancies, history of having heavy periods and her poor diet

would have contributed to the low haemoglobin levels. With signs and symptoms of lethargy, palpitations,

headaches and fluid retention there was a question of cardiac failure. Jo mentioned anaphylaxis and that

there was a previous history of respiratory arrest and a sensation to defecate, commonly associated with

anaphylaxis. This was not known at the autopsy examination.

There was no eosinophilic or mast cells evident histologically. Jo stated that a mast cell triptase test was not

done. With respect to the woman’s heavy smoking history there was evidence of emphysematous lungs and

dust laden macrophages with haemosiderin. The medication Lasix prescribed with side effect of

hypokaelemia is usually given with a potassium supplement which was not the case, (a point Jo stressed later

with respect to her management by her GP). For a period of eight months she had low potassium levels

with testing not repeated. The cause

of the hypokaelemia was not

i n v e s t i g a t e d . T h e c l i n i c a l

presentation could be consistent as

Jo stated, with Lasix being a loop

diuretic. Professor Duflou also

explained the antibiotic prescribed,

erythromycin can cause QT

prolongation.

During his presentation, he showed

a table of the caffeine levels in

different beverages. The source of

the table shown here is the Food

Standards Australia New Zealand;

Australian Institute of Sports

Caffeine Fact Sheet.

REVIEW: “Caffeinated Soft Beverages - The Silent Killer”, presented by Dr

Jo Duflou (Branch Meeting 16 Oct 2013). Review by Glenn Wilcher.

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REVIEW: “Caffeinated Soft Beverages - The Silent Killer”, presented by Dr

Jo Duflou (Branch Meeting 16 Oct 2013). Review by Glenn Wilcher.

The NZ Coroner forwarded the findings of the

Inquest to the New Zealand Ministry of Health,

with recommendations considering warnings

on carbonated beverages “to give sufficient

protection to consumers” and ensure potential

dangers are “more clearly emphasised”. The

Coroner also suggested that the manufacturer

“give consideration” to the amount of caffeine

in its beverages with introduction of

appropriate warnings on its products.

Coca-Cola disputed the findings suggesting

other factors responsible for the low potas-

sium levels and the fatty liver. Coca-Cola stated “the evidence showed the experts could not agree on the

most likely cause” [of death]. In Australia there is no Acceptable Daily Intake for caffeine.

After September 3, 2013 a Food Regulation Policy Options Paper: The Regulation of Caffeine in Foods, the

Food Regulation Standing Committee on Caffeine Working Group, sort public submissions to assist in the

development of policy guidelines for the regulation of caffeine in foods and beverages in Australia and New

Zealand food supplies.

In a statement by Coca-Cola, they said; “The Coroner acknowledged that he could not be certain what

caused Ms Harris’ heart attack. Therefore we are disappointed that the Coroner has chosen to focus on the

combination of Ms Harris’ excessive consumption of Coca-Cola, together with other health and lifestyle

factors, as the probable cause of death. This is contrary to the evidence that showed the experts could not

agree on the most likely cause.”

Jo stated that the findings reflected preconceived ideas with the blame for the death based on a single

condition. The Coroner’s decision was human nature preventing a change in decision with blinkers to other

possibilities or a broader finding. It was the consensus of the evening’s audience that the deceased woman’s

General Practitioner was in Jo’s words “a shocker”, with the failure of further investigation into medical

conditions of the deceased such as the low potassium and continual use of Lasix as well as failure to repeat

pathology tests.

- Review by Glenn Wilcher.

References:

Long QT Syndrome Definition - Disease and Conditions- Mayo Clinic.mht

www.smh.com.au/world/too-much-cocacola-killed-mother-coroner-20130212-2eab8.html ONE News Tuesday February 12, 2013 Mum, 31, died after ‘excessive’ Coca-Cola intake – coroner.

Coca-Cola label reforms suggested after mother’s death. Wednesday 20 February 2013. Damian Carrick.

Photo Natasha Harris – Google images.

Coca-Cola images reproduced from the speakers PowerPoint presentation.

Table Caffeine in Beverages – Food Standards Australia New Zealand; Australian Institute of Sports Caffeine

Fact Sheet.

Page 6 NSW Branch Newsletter

DID YOU KNOW? Victims of fires and explosions are most commonly identified by their dental records. Teeth are very

useful in victim identification because they decay much more slowly than bones. Also, the teeth can

withstand extreme temperatures that bones cannot. Thus, they are often found even after a victim dies in

a fire or explosion. Source link: here.

~ Never trust an atom….they make up everything! ~

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Member In the Spotlight: Dr Scott Chadwick

Page 7 Issue 43

One of the most recent cases making

headlines internationally has been the

case of Simon Gittany, who has been

convicted of the murder of his fiancé

Lisa Harnum and has since been

sentenced to 26 years in prison with a

non-parole period of 18 years. Also

making headlines has been Gittany's

current girlfriend, Rachelle Louise, in

her staunch defence of Gittany and her

insistence on standing by him

throughout the ordeal. Louise was

recent ly featured on Channe l

Seven's Sunday Night program across

two weeks, which also featured one of

our members, Dr Scott Chadwick of the

University of Technology, Sydney.

Like many forensic case investigations, there will be two competing hypotheses - often the prosecutions’ vs

defence hypothesis. This is where Scott became involved. He was featured in the second part of the Channel

Seven program called "The Secret Life of Simon Gittany", where Sunday Night reconstructed the crime scene

inside Simon Gittany's apartment and called upon experts to investigate both the Prosecution and Defence

versions of the fateful 69 seconds prior to Harnum's death inside an exact reproduction of the apartment’s

living area and balcony. Scott specifically looked at the lack of fingerprint evidence that was present on the

balcony, which involved an actor reconstructing the Defence's version that Harnum climbed over the

balcony and fell to her death. The program that aired on 16 February 2014 can be found at:

http://au.news.yahoo.com/sunday-night/features/article/-/21464163/part-2-preview-simon-gittanys-secret-life/

While it is acknowledged that Dr Chadwick did not participate in, or provide expert witness evidence in the

actual criminal investigation, his ability to portray alternative scenarios and explanations based on his

expertise in fingerprint techniques and their application is commended! The NSW Branch of ANZFSS would

like to congratulate Scott for the recognition of his professional input in such a high-profile case.

We would love to hear from anyone who has come across any of our members being recognised in a similar

manner. Feel free to contact the Secretary with details, including any photos or links as appropriate.

NSW Branch ANZFSS member Dr Scott Chadwick (left) and a Channel Seven reporter

in a still from the Sunday Night program that covered the death of Lisa Harnum and

prosecution of Simon Gittany.

Above: Presiding Judge and lawyers visit The Hyde apartment

balcony from which Lisa Harnum fell to her death. Source: Daily

Telegraph.

Left: The evidence used in the prosecution of Simon Gittany,

found guilty of murder. Source: Daily Telegraph.

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REVIEW: ANZFSS Annual Dinner presentation by Barrister Hugh Selby.

Page 8 NSW Branch Newsletter

Hugh Selby, Barrister BA. LLB (Syd) MSW (Michigan). Mr Selby is currently

an Associate Professor at the Australian National University College of Law

and an advocate and expert witness trainer, teaching and writing about

‘court craft’ (being a range of techniques that are useful to advocates and

witnesses in courts and tribunals). He trains experienced lawyers and

expert witnesses, police and law students, drawing upon teaching methods

he has developed in Australia, Malaysia, Japan and the USA. Hugh Selby has

investigated police misconduct and worked with prosecutors, defence

lawyers, police and expert witnesses. Wrongful convictions, whether from

police and prosecutor misconduct, defence incompetence, or judicial

indifference make him very unhappy. Hugh has written about the law that

affects expert witnesses, principles of advocacy and pleading, appellate

practice, coronial law and practice, contemporary issues in the law and

industrial law. His areas of expertise include; Civil Law and Procedure,

Litigation, Adjudication and dispute resolution, Humanities and Social

Science curriculum, and Police Administration Procedures and Practice. Hugh has published numerous

textbooks on advocacy, court preparation and appellate practice and published papers in the Australian

Journal of Forensic Science, Australian Bar Review and ADR Bulletin.

Guests attending the ANZFSS NSW Branch Annual General Meeting and dinner on Friday 22nd November

enjoyed, in Hugh Selby, a controversial and entertaining speaker. As with most guest speakers to branch

meetings, our President usually spends a minute or two giving a synopsis of the speakers academic

achievements and experiences. With respect to Hugh Selby, he simply wanted to be introduced by Branch

President Sears with a simple: “this is Hugh and he teaches”. The beginning of Hugh’s presentation was

humorous with the remainder of his presentation having serious and reasonably controversial undertones,

though delivered with wit and sprinkled with satirical statements. Hugh’s presentation was titled “If only I had

known then how much better it could be”.

Mr Selby commenced by outlining his previous mistaken optimistic beliefs and aspirations made through his

life at different times and ages. Some rather startling insights from the evening’s presentation made by Hugh

included (see over page):

Please note: As is the case with all reviews published in our branch

newsletter, the commentary and points discussed during

presentations has been transcribed with the presenters permission.

Comments, opinions and discussion points are not necessarily

indicative of views held by the ANZFSS in general.

Review by Glenn Wilcher.

Edited by Annalise Wrzeczycki.

Hugh Selby gave an interesting,

entertaining and, at times, controversial

presentation at the 2013 Annual Dinner

held at UTS Aerial Function Centre.

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REVIEW: ANZFSS Annual Dinner presentation by Barrister Hugh Selby.

Page 9 Issue 43

“The higher up in the legal system the less important evidence matters.”

“...justice only ever comes in a courtroom in Australia by accident”.

”The highest rate of finding a good prosecutor and defence lawyer in the same trial in a six month period in

Australia is 20%”.

“The legal system has checks and balances on how the system works. This is fantastic unless you are actually

innocent”.

“In NSW nobody gives a stuff if someone is wrongly convicted…efforts will be made to ensure all stones are left

turned over”.

The above statements by Hugh illustrated the interest generated in his presentation and as well his final

words of advice to forensic practitioners and students at the end of his presentation; “If mates around the

place want to use your forensic evidence or misuse it, they will, so protect your own backsides.”

Hugh outlined five misconceptions or mistakes regarding various aspirations he had years ago and during

various points in his life. He stated that the first mistake made in his 20’s was based on his thinking that

“justice was more likely than not in our criminal legal system”. He explained his second mistaken thought; that

“the presumption of innocence actually meant something”. Thirdly, Hugh thought that “biases and prejudices both

himself and ours could be overcome, but instead become more ingrained and develop barnacle- like things as you get

older in life.” He stated his fourth misconception as “scientists and people who work in science were inherently better

than creationists and other loonies”, and lastly, he had once thought that “shock jocks want dishonest politicians

and lawyers to, in some way, be all put together and cast into their own special hell where they would burn on bags

of unsold Daily Mirrors and News of the World supplements” ...and none of these have happened either.

High stated that he believed in evidence-based decisions and went on to provide support in relation to his

mistaken beliefs. Hugh then stated that “the higher you go up in the legal system the less important evidence

matters”. He said that “when you are a very important Judge you can say anything you like with no evidence

whatsoever at all, and people are expected to believe it...”

Hugh recounted when he was 36 years old in a Supreme Court. The Supreme Court Judge said to a group

of lawyers that justice is only very occasionally seen in our courtrooms. Hugh said that this was a brave

statement, in fact a gross exaggeration. He went on to claim “if by justice we mean that justice is obtained by

being adequately informed and free from bias then justice only ever comes in a courtroom in Australia by accident”.

Hugh stated in respect of justice “somebody opens the door, [justice] comes in, something happens, it goes out, it’s

almost will of the wisp in its nature”. Why is this the case according to Hugh? He stated it is because we make

a number of utterly unrealistic assumptions about our legal system, such as we assume the lawyers that ap-

pear in our courts are competent. Hugh stated that over a number of years he has had students going to

criminal trials around Australia reporting only on the competency of the prosecutors and defence lawyer’s

performances. Hugh stated that regrettably the highest rate of finding a good prosecutor and defence lawyer

in the same trial in a six month period in Australia is seen in just 20% of observed trials. What does this

statistic tell you? Hugh stated that if you find yourself the subject of a trial, plead not guilty and find yourself

a very good defence barrister. He stated the reason to do this is because the chance of coming up against a

good prosecutor is so small that you have a good fighting chance of being acquitted based on the 20%

statistic alone.

Hugh mentioned a case in the previous week in which a law student was rather perplexed. The case

occurred in a NSW Local Court where Hugh stated most “justice” in NSW is delivered. The accused was a

man well known to the court, who had been charged with several offences in particular relating to his

driving. The case was that the man was seen with the vehicle holding a set of keys. The man had stated that

he had been a passenger in the car driven by a blood relative, and was minding the car while the relative

went shopping. Two highly credible members of the Police Force gave evidence stating that they had seen

him driving, which the accused denied. A woman was then called as a witness.

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REVIEW: ANZFSS Annual Dinner presentation by Barrister Hugh Selby.

Page 10 NSW Branch Newsletter

So disbelieving was the magistrate that the magistrate warned the female witness about the consequences of

perjury before she had been asked any questions. Thereafter to the magistrates great surprise the woman

turned out to be god’s gift to defence witnesses. The female witness did some important things, firstly she

looked directly at the magistrate when giving her evidence, secondly she came across as a credible witness,

and the experienced prosecutor was unable to get anywhere with her in his cross examination.

After closing addresses, the magistrate then stated that he had two highly competent, respected Police

Officer’s who had given evidence about what they saw, and also the evidence of a credible female witness,

and didn’t know what to do in such a case like this (when he always convicts). Hugh stated that the defence

lawyer then said to his Honour that he could try acquittal. The magistrate reluctantly acquitted the man.

Hugh stated that this magistrate demonstrated the all-too-common innate presuppositions about what

happens in their courts such that the notion that somebody may actually be innocent is no longer part of a

magistrate’s repertoire of life.

Hugh said that justice is achieved only when a witness actually behaves in an absolutely unexpected and

spectacular way, also saying that he has tired of hearing that there is a presumption of innocence by judges

and the media, stating “its codswallop”. Hugh stated mathematically 90% of criminal matters are pleaded out

of court, with approximately just 10% going to trial where the accused is found guilty of something. Hugh

stated the presumption of innocence is simply something that people like to say but really not mean. As a

defence lawyer Hugh does not ask his client if they are guilty, that is something he must not do. Going into

courtrooms overtime means that after a period of time one understands that the likelihood of your client

being guilty is far greater than the likelihood of them being innocent such that the simple repetition of this

means that the presumption of innocence has no actual content.

Hugh stated there is another presumption which is stronger and much more dangerous, that being the

“presumption of regularity”. Hugh stated that we have to assume that in respect of an accused that at each step

along the way in the legal system, there are effectual checks and balances on how the system should work.

Hugh went on to say that “this is fantastic unless you are actually innocent…God help you if you’re charged with an

offence in NSW and you genuinely know nothing about it, particularly if the cops don’t pick you up until a couple of

years after the event in question”.

Hugh stated not being a well conditioned criminal you haven’t got your alibi’s, you haven’t got your diary

entries, you can’t explain where you were on a particular night or what you were doing, because you haven’t

got a clue. If that happens the effect of the system as we know it means that the most difficult cases in the

entire system to defend is one in which a person actually didn’t commit the crime, simply because they are

not capable of coming up with the sort of instructions which a lawyer can use to get them off.

Hugh went on to mention the Obeid matter before the ICAC. Hugh asked rhetorically, if any actions or

charges are in the foreseeable future in relation to offences arising out of their alleged participation in the

acquisitions of mining licences, water rights, and matters concerning the restaurants, could anyone really say

they have a presumption of innocence? Hugh stated that ICAC and the media have told the public that the

Obeid’s are as guilty as guilty can be.

In fact if any of the Obeid’s and others are charged Hugh stated he predicted they will be treated as such that

each of them will have their own judges for the trials, and judges will be appointed from interstate so some

semblance of justice is seen as being done for the accused and their legal advisors.

Hugh stated there is one piece of unwritten legislation in NSW that trumps everything else and it is called the

‘Old Mates Act’. He explains this ’Act’ as reaching a point in time when those who are in control, ‘the mates’,

decide that it is better to sacrifice a few i.e. those subject to allegations, than the whole, and have them lose

their privileges. This is regardless of political persuasion, religion and sports clubs to which they belong.

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REVIEW: ANZFSS Annual Dinner presentation by Barrister Hugh Selby.

Page 11 Issue 43

In other words, in NSW it is not what you know but who you know that most determines legal outcomes.

Hugh mentioned examples of prejudices that operated in his own youth that he envisaged would be

overcome, in particular racial prejudices like “all Vietnamese are slant eyed fellows and are marginally better than

those bloody Italian wogs and other Catholics who came to acquire houses on the North Shore but for God’s sake

don’t let them into China.”

Hugh then said we have replaced those 1960’s and 1970’s nasties with other ones like “we need to be tough

on crime”, defining “refugees who may like to come into Australia as demons and liberals”, “marriages to hetero’s

only, including those hetero incest offenders” and… “then there’s the Cronulla riots”.

Hugh made comment on forensic fingerprint results, challenging; “Fingerprints are unique? Oh bullshit. We don’t

know that”. Hugh stated all we have is the hope that they are and over long periods of time that they

probably are, however, we cannot be 100% scientifically certain and should not express forensic conclusions

saying that a fingerprint is unique.

Hugh stated that some will know the horrifying consequences based on the idea that fingerprints are unique

and the fact that lawyers accept fingerprints to be unique. Since DNA can only be represented statistically, it

has followed in the minds of some lawyers that DNA may be less certain than fingerprints, and there must

be a reasonable doubt. Therein lays a challenge and an opportunity for forensic science and legal

practitioners to educate one another and proceed with the most correct and effectual practices and

reporting terminology.

Hugh Selby teaches people how to operate in court rooms and what he instructs young lawyers to do is

“don’t ever bother attacking the message when you can do over the messenger”. That, he said, he learned

from the Australian media.

Hugh said that his cross examination technique is directed at the minds of jurors or judges and the extent to

which he can convince them the witnesses being cross examined is not credible. Hugh said as an advocate he

deliberately employs bias, misperceptions and prejudices and he does this as an art form. He only half-joked:

“why bother to learn the science when I can do over the witness, [pick on] some stupid aspect of their

personality”.

Hugh mentioned how every so often an awful miscarriage of justice arises because people don’t think about

what they are doing and out of a sequence of mishaps someone gets found guilty when they are innocent.

Hugh gave an example of such a case where a telecommunications technical expert was deficient in his

investigations. Unfortunately, attempts by Hugh to relevant authorities to re-examine evidence by this

expert, were futile.

Hugh stated currently in NSW if you can speak well it doesn’t matter how bad your science is, that given the

total lack of understanding by Judges at all levels to understand basic science concepts, and given the

incompetence, laziness, and disinterest, that effects so many prosecutors and defence lawyers in this

country, there is a crisis with respect to the quality of use by the legal system of what scientists do or do

not do in laboratories, and what is done at crime scenes. Hugh stated “that in NSW nobody gives a stuff if

somebody is wrongly convicted, in fact, very substantial efforts will be made to ensure that all stones are left turned

over”. Hugh gave examples supporting this statement, and described a personal case. Hugh stated that the

current response to the NSW Justice system’s miscarriages of justice is “bury it, bury it so deep that nobody

will find it”.

Hugh said “if anybody gets in your way, an enquiry is conducted. Persons carrying out the enquiry have

qualified legal privilege. You release the report in which claims are made that a particular person (in this case

Hugh Selby) said things - put in parentheses in the report - hence pointing out to journalists what those

things are, so that the likes of Ray Hadley (2GB), are certain to air those statements and newspaper

journalists report on them”.

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REVIEW: ANZFSS Annual Dinner presentation by Barrister Hugh Selby.

Page 12 Issue 43

Hugh went on to say there was a problem; he never said those statements and never wrote them.

Statements in the Patton Report dealing with the conviction of Phuong Ngo in the political assassination of

John Newman smeared Hugh Selby’s name which were repeated in the media nationally. This report stated

that Hugh Selby had allegedly been party to making allegations of fraud, perversion of justice and other

improper conduct against police and prosecutors without providing evidence to support the allegations.

Hugh mentioned Ray Hadley who stated on air “Hugh Selby can hardly hold his head up at the ANU given what

the judgement says about him.” In this matter Hugh Selby also refuted claims of any contributions to a Four

Corners program. When Hugh asked the Inquiry and the Chief Justice of NSW repeatedly for a retraction

they “couldn’t be bothered replying”. Hugh concluded therefore “in NSW from the top down you can vilify the

messenger and get away with it with no accountability whatsoever”.

Finally, Hugh mentioned the Lionel Murphy affair. Lionel Murphy was Attorney General in the Whitlam era

and was eventually appointed to the High Court. Hugh mentioned the then NSW Chief Magistrate Clarrie

Briese (who alleged Murphy had tried to influence a court case against Solicitor Morgan Ryan). At the heart

of the affair was the meaning of a statement by the Judge “what about my little mate?” Lionel Murphy was

charged and committed to trial on two charges of attempting to pervert the course of justice and found

guilty in 1985. He was acquitted in 1986. Later that year, after the acquittal, Lionel Murphy died from

cancer. The Hawke Government paid $420,000 to help with Murphy’s legal costs. Hugh stated he does not

have any moral judgement about what Lionel Murphy said because, as far as he is concerned, in the light of

Hugh’s personal experiences, “it doesn’t much matter how good your science is, if the mates around the place

want to use it or misuse it, that’s exactly what will happen.” Hugh’s final word of advice to the audience was

“protect your own backside because no one else will”.

Hugh Selby’s presentation was humorous and a concern as far as his experiences in the justice system. He

certainly provided a unique insight into the legal system and warned current and future forensic experts of

likely court room challenges. His presentation was provocative and his statements thought provoking. The

NSW Branch thanks Hugh Selby for his time and for being our 2013 Annual Dinner guest speaker.

DID YOU KNOW? Handwriting analysis is based on the premise that

every person has a unique style of writing. This style

changes over time. For these reasons, a visual

comparison of two writing samples can yield

information about signature fraud. Infrared light can

often demonstrate differences between two types of

ink. The markings left by the pen also enable a

Forensic Document Examiner to differentiate

between two samples of writing.

Source link: here.

13

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Haymarket NSW 1240

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Contact Details - NSW Branch:

NSW Branch ANZFSS Newsletter

anzfss.org/nsw

Cartoons reproduced from open sources. Top: © mhsla.wordpress.com

Above: © policeoracle.com/cartoons Right: © jasonlove.com

NSW BRANCH

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