Mark Trowell QC in Perth, Western Australia | Criminal lawyer

Mark Trowell QC

Locality: Perth, Western Australia

Phone: +61 8 9218 9211

Address: Albert Wolff Chambers, Level 1, 33 Barrack Street 6000 Perth, WA, Australia

Website: http://www.wolffchambers.com.au

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25.01.2022 Well Anwar Ibrahim's legal battle against his conviction will come to an end on 12 August when his judicial review will be heard in the Federal Court. I shall be there for the IPU, but it is hard to believe it started with his acquittal on 9 January 2012. It has been an exhausting process. In last 4 years so much has happened: Anwar jailed (has now served just over 12 months of his sentence); Karpal Singh killed in tragic car accident; opposition MP's, media and students charged with acts of sedition for speaking out against the government; the 1MDB corruption scandal enveloping PM Najib; former PM Mahathir joining with the opposition to oppose Najib; and so forth. We should all weep for Malaysia and its people!!!

25.01.2022 SO IT'S A LACK OF RESOURCES IS IT? Following a Pathwest scientist's sacking and revelations that a DNA "bungle' resulted in the wrongful conviction of an accused man, scientist Alastair Ross was tasked with reviewing cases managed by Pathwest for the WA Police. Ross found eleven "anomalies" in six out of 19 cases examined by him, which he put down to "labelling and typographic mistakes between 2007 and 2011". ... Conceding there had been significant breaches of security with employees taking documents home, Ross put the errors down to lack of resources and adequate facilities. Ross is reported as saying that he was "satisfied none of the errors had any impact on court cases or prosecutions" (see article by Gary Adshead), but since when do forensic scientists make this call? Anyway, my sources tell me that the DPP Amanda Forrester and Attorney General John Quigley weren't prepared just to accept his word, but chose to refer it to the lawyers acting for each of the relevant accused. It was the correct thing to do. But what is to be done when we have a forensic service that is obviously not functioning properly? It is not following protocols, is apparently under-resourced and making errors one of which we know about resulted in a wrongful conviction? Sorry just not good enough!!!!

25.01.2022 The Penang Government has named a street after the great Karpal Singh. It is named Persiaran Karpal Singh (KS Drive). That's terrific.

24.01.2022 The problem with forensic evidence Just been reading an interesting article that reminds criminal lawyers what we should already know. Professor Paul Roberts tells us that: "forensic scientific evidence has won for itself an aura of credibility that verges on infallibility. This leaves flawed expert evidence as a potent source of potential injustice". It is referred to as the "CSI factor". In other words the public believing that everything can be solved by science, but whic...h isnt true and it is a double-edged sword. There is no doubting that forensic science techniques provide near-miraculous abilities to detect, investigate and prosecute crime. However, if it is flawed - and there is always the human factor that can lead to that happening - innocent people can be convicted. So criminal lawyers need to research, analyse and challenge forensic evidence rather than just let it roll by because they cannot understand it. Article: "Forensic evidence offers only probabilities, not guarantees that justice will be served" by Paul Roberts, The Conversation April 2015

24.01.2022 Books on sale in Malaysia. I am in good company.

23.01.2022 Legal Warfare in Malaysia The Malaysian Bar has commenced legal action to seek judicial review of the Attorney-General's finding that no criminal offences were committed by Prime Minister Najib concerning the transfers of RM 2.6 billion into his personal bank account. Bar President Steven Thiru said: "This matter is of critical public interest. There should be no usurpation of the judicial powers of the courts, as it is for the courts and not the Attorney General to decide on the innocence or guilt of a suspect in respect of any alleged crime".

22.01.2022 The Penang government is very active in promoting literary, musical and political events. Penang has become the cultural centre of Malaysia. The Penang Institute is the driving force behind all of this activity. Here is a photo of the Chief Minister of Penang Lim Guan Eng (in middle) and executive director of the Penang Institute Zairil Khir Johari (on the right).

22.01.2022 The driving force behind the intellectual and cultural renaissance happening in Malaysia is Gareth Richard's Gerakbudaya Bookshop. It is jammed-pack with books of all sort to excite the imagination and stimulate the mind. Visit the shop is at 78, Jalan Masjid Kapitan Keling, George Town. As the internet becomes more prominent in our lives don't abandon books. They are tangible and real. Something to keep and treasure For that reason we must support bookshops: buy a book today!

22.01.2022 The Malaysian Federal Court this morning rejected Anwar Ibrahim's application for a judicial review of his conviction and sentence. Although there was a narrow jurisdictional issue that made it extremely difficult for him to succeed, the case was again on display for all to see. This morning's judgment also doesn't overcome the appalling earlier decision of the Court, which relied on inherently unreliable DNA evidence and sloppy forensic procedure to convict him.... As he was being escorted out of court by prison guards Anwar told the media that he somewhat expected the decision but maintained the court has failed to address all issues raised by the defence. He said the decision is not the end of the road". He reaffirmed his innocence, but I think this legal battle is over because this was the final appeal process. He will now almost certainly serve the balance of his prison sentence.

21.01.2022 30th LAWASIA Conference Tokyo Just back from Tokyo. Very successful conference and interesting topics. The Japanese did it well again despite constant North Korean threat of nuclear annihilation. Was speaker at session on anti-corruption. Our topic was the legislative changes in Japan to introduce reduction of sentences for cooperation in incriminating others in criminal activity. No discount for guilty pleas in Japan. Culturally not accepted. Punishment and deterrence compl...etely overshadow any concept of rehabilitation. More about that later!

21.01.2022 Also at the Festival was political cartoonist Zunar. His witty and acerbic cartoons attacking the government and prime minister Najib with allegations of corruption and abuse of power have landed him in trouble. He faces multiple charges of sedition, which means he will almost certainly will end up in jail. But it doesn't silence him. If anything it makes him bolder. Five of his cartoon books have been banned by the government on grounds the contents are "detrimental to public order". Here are some of his cartoons!

20.01.2022 Victim's family seek leniency for convicted pair facing death penalty It has been reported here in Bangkok this morning that the family of backpacker David Miller, who with Hannah Witheridge, was murdered at Koh Tao in 2014, has called on Thai officials to show leniency and not carry out the death sentence imposed on two Myanmar illegal workers for the murders, which was upheld last week by the Court of Appeal. The Miller family were confident that the conviction of the two men, Zaw Lin and Win Zaw Htun, was the "correct decision" but said they didn't want them executed.

20.01.2022 Just back from missions to Kuala Lumpur to observe hearing concerning his family's application for leave for a judicial review of the Pardons Board failure to properly consider his eligibility for release.

19.01.2022 The Anwar Review continues on, but no date has yet been set. On 16 November his lawyers applied to lead evidence at the Review of an attempted conspiracy to fabricate evidence against him in 1998. The allegation was made by a senior police officer against the Inspector General of Police, the then AG and prosecutor conducting case against Anwar (later the AG). I was at court and after hearing submissions the decision was reserved (meaning it will be delivered in near future). As usual, the IPU and LAWASIA as a matter of courtesy wrote to the Malaysian chief justice advising that I would attend as an observer on their behalf. For the first time there was no reply. The wind has shifted an become icy. I fear that no longer is the court concerned with what the international community might think.

19.01.2022 My book was relaunched in an old Chinese shop house. It was a full house. The introduction was made by the executive director of the Penang Institute Zairil Khir Johari. Associate Professor of Law at Malaya Univeristy Azmi Sharon (a real firebrand) also spoke about the oppressive sedition laws. Here are the three of us!

17.01.2022 Fabulous news. Not only as the Malaysian government been soundly defeated in an election, but Anwar Ibrahim has been pardoned unconditionally and released from prison. Democracy has finally triumphed in Malaysia overcoming corruption, fraud and authoritarian rule. This has happened not by force, but through the ballot box.

17.01.2022 http://www.nationmultimedia.com//Lawyers-of-convicts-to-fo

16.01.2022 Court rejects appeal against death sentence The appeals court in Thailand has rejected an appeal against the death sentence imposed on to Myanmar illegal immigrants for the murder of two BrIrish backpackers on the idyllic holiday island of Koh Tao in September 2014. Now 12 months after having been in Bangkok to advise members of the appeal team I am back again here at a time when this decision has been handed down. More meetings today.... The defence team will now consider this decision and has said it will appeal to the Supreme Court.

15.01.2022 The Koh Tao murder appeal must be lodged with the court by 24 March. Those who are interested can watch a documentary of the murder investigation on Channel NewsAsia (www.thaivisa.com). I think it was also recently played on BBC Channel 4

13.01.2022 Merry Christmas to all. May justice triumph!!!

12.01.2022 Innocence Project, Memphis, March 2008 After a wonderful and informative conference we marched in honour of Martin Luther King from the Peabody Hotel to the Lorraine Motel where he was murdered. The work of the Innocence Project is now international. We have a chapter at Perth. A senior member of our Chambers was instrumental in setting it up. Joff Davies has attend a few of these conferences in the USA. Last year he was at the San Diego conference.

12.01.2022 DNA Disaster - justice in Crisis!! The recent disclosure of irregularities in the analysis of DNA samples at the State-run pathology laboratory Pathwest is a matter of grave concern. The forensic biologist responsible was sacked last August, but it was not disclosed to the Director of Public Prosecutions until four months later. We have not been advised which cases have been affected, but the Attorney-General John Quigley has said the scientists dismissal cast doubt on the c...onvictions of at least 27 people, including those involved in a number of high profile murder cases. "This is as serious as it gets in the administration of criminal justice, he said. There are investigations underway, but last Saturday at a criminal law conference At Notre Dame University, John Quigley was presented with a petition signed by all delegates demanding that defence lawyers across the State be informed on any case worked on by Laurance Webb, who was the scientist dismissed for breaching testing protocols over six years. The petition also demanded that PathWest provide any information to relevant lawyers about possible contamination cases. Watch this space!!!

11.01.2022 Celebrated international author Tan Twan Eng was the focus of a dinner on evening at the historic Blue Mansion. The setting was fascinating as are his books. Check out 'The Garden of Evening Mists', which was shortlisted for the Man Booker Prize. Here he is taking questions for the dinner guests.

11.01.2022 Drinks at Weld Club to celebrate 50th anniversary of Paul Nichol's admission to the practice of law. Paul was admitted in August 1967, and soon after joined the fledgling independent bar with a few others all of whom went on to distinguished careers in the law. Paul has practiced at the bar since then, and has been a mentor and adviser to many of us. In fact, he moved the admission of Percy QC and myself, so many years ago, so we have much to be grateful for, so it was a joy... to thank him in this way. He is an important member of Albert Wolff Chambers, and someone who adds lustre to us all, and it was great to see so many people in attendance, including the Chief Justice, President of the Bar Association, judges of the District Court, and several members of law firms.

11.01.2022 http://www.malaysia-chronicle.com/index.php

10.01.2022 There are benefits to being an author. Not many mind you, but I was invited to the Georgetown Writers Festival that took place at Penang on 27-29 November. It was a fascinating weekend with writers from Malaysia and all over the world participating in book launches and panels discussing topics of significant interest.

09.01.2022 DELAYS IN FORENSIC BIOLOGY REPORTS Just advised by PathWest today that due to what it describes as "a combination of factors" is unable to comply with time limits imposed by the Supreme Court to provide DNA reports. Pathwest must provide DNA summary reports within 4 weeks, and full court reports in 12 weeks, but it claims that because of staffing issues, overall workload and increasing complexity of the work that its response time for summary reports will now be 12 weeks. Wh...o knows how long for full court reports? There have been a number of problems with Pathwest in recent times, not the least being the disclosure in March of this year that senior forensic biologist Laurie Webb breached testing protocols of DNA over 6 years, throwing into doubt many high-profile criminal cases (see attached article). Accused persons continue to languish in custody pending trial and the late disclosure of forensic reports by PathWest only contributes to the listing of trials being delayed even further. The government needs to act!!!

08.01.2022 The Innocence Network Annual Conference Attending as a delegate at the Peabody Hotel, Memphis, TN March 23-24 2018 An important and dedicated organisation: "freeing the innocent and preventing wrongful convictions worldwide."... The Innocence Network is an affiliation of organizations dedicated to providing pro bono legal and investigative services to individuals seeking to prove innocence of crimes for which they have been convicted, working to redress the causes of wrongful convictions, and supporting the exonerated after they are freed.

08.01.2022 Just back from Malaysia where I observed Anwar Ibrahim's application for a judicial review of the Federal Court's decision to uphold the appeal that convicted and imprisoned him. There is some predictability about the result, if past performance is any indicator. In this photo I am being interviewed with Anwar's daughter Nurul Izzah looking on.

05.01.2022 DNA IS NOT INFALLIBLE PROOF OF GUILT On Christmas Eve 2015 two Myanmar migrant workers were convicted of the savage murder of young English backpackers Hannah Witheridge and David Miller whose battered bodies were found on the beach of the idylic island of Koh Tao. Key evidence against the men was DNA linking them to the crime scene. Substantial questions have been raised as to whether proper international analysis and reporting standards were kept.... Once more too much trust has been placed on DNA evidence as if it is infallible and conclusive proof of guilt simply because a potential 'match' may have been found in samples taken from a crime scene. The potential for error is often ignored. While DNA may have released wrongfully convicted people from prison, it also has the potential of convicting innocent people if its limitations are not fully understood. Both accused face the death penalty in Thailand. With other lawyers, I have been asked to asset in preparing grounds of appeal for these men. Will keep you informed.

05.01.2022 Martin Luther King Today is the 50th anniversary of the death of Dr. King. He was shot standing on the balcony of the Lorraine Motel at Memphis, Tennessee. Who can forget the iconic photograph of him lying dying on the balcony while his group point to the shooter's location opposite at the boarding house.... I was in Memphis a few weeks ago to attend the Innocence Project Conference. The colour photos were taken by me and show the preserved section of the motel and the boarding house. It records the terrible violence of the struggle for civil rights in the USA in the 1960's.

05.01.2022 Supporters of the men convicted of the murders of the English backpackers are stepping up the campaign to establish they were wrongly convicted. They are raising funds to fight the appeal. Here are the flyers!

04.01.2022 WHEN EXPERTS GET IT WRONG A few days ago I was speaking about the Koh Tao murder case. Just to illustrate the critical importance of recognised international standards in reporting and explaining scientific results in court, you should be aware that in April 2015 the US Justice Department and FBI admitted that over a 20-year period before 2000 every examiner in an elite FBI forensic unit gave flawed testimony in criminal trials. Of 28 examiners in the FBI Laboratorys micros...copic hair comparison unit, 26 overstated forensic matches in ways that favoured prosecutors in more than 95% of the 268 trials reviewed at that time. The experts systematically testified to the near certainty of matches of crime scene hairs, backing their claims by citing incomplete or misleading statistics drawn from their casework. The flawed evidence may well have led to the wrongful convictions of hundreds of potentially innocent people. Of the cases examined so far, 32 resulted in the death penalty. Fourteen persons had been executed or died in prison. So far three of seven defendants whose trials included flawed FBI testimony have been exonerated through DNA testing since 2009, and two more have been exonerated by the courts. The FBI acknowledged that until 2012 the hair examiners lacked written standards defining scientifically appropriate and erroneous ways to explain results in court. Of course the FBI errors didnt mean there was not other evidence of guilt, but where the scientific evidence was the clincher it resulted in significant miscarriages of justice. Source: Washington Post, Spencer S. Hsu, April 18, 2015

04.01.2022 Launching book at Georgetown.....

03.01.2022 Applications for leave are heard in chambers, which is reserved for the parties and their lawyers, but the Judge had the discretion to admit an international observer or hold the hearing in open court. She refused to do either. It's getting tougher in Malaysia as the country is gripped in a power struggle over allegations of the Prime Minister's corruption.

03.01.2022 Jill Dando Murder: another example of science getting it wrong? BBC TV host Jill Dando was found shot dead outside her house at Fulham, London on 26 April 1999. Barry George was convicted after trial of her murder and sentenced to life imprisonment. At George's trial, a tiny speck of gunpowder residue found in his overcoat pocket, one year after the shooting, was central to his conviction. Prosecutors claimed it was gunshot residue (GSR) deposited when the gun was fired, pro...ducing a cloud of chemicals. Similar particles were discovered in Miss Dando's hair and on her coat, but following an investigation by the TV programme Panorama in 2007 subsequent analysis led to doubts about its importance. In 2007 the English Court of Appeal quashed the conviction finding that this was not the right conclusion to draw from the discovery of the particle of FDR. It was instead no more likely that the particle had come from a gun fired by Barry George than that it had come from some other source. George was acquitted on a retrial. He was released in 2008 after spending 8 years in prison.

01.01.2022 Series of photographs at the High Court at Jalan Duta Monday 28 March 2016. They include listing on the notice board of application (white document); notice refusing entry to court (blue document); Anwar surrounded by prison guards and police; and myself with Anwar's daughter MP Nurul Izzah.