A person who has spent practically 4 many years in jail for against the law he says he did not commit could have an attraction heard by the High Court.
His attraction is predicated on new psychiatric and psychological proof making proof given by the prosecution’s central witness Gary Carter unreliable.
Carter suffered from a schizoaffective dysfunction which Bromley’s attorneys say meant there was an “extremely high likelihood” that his account of occasions was inaccurate.
But in 2018, three SA Court of Criminal Appeal justices dominated the brand new proof was not compelling and dismissed Bromley’s utility to attraction.
In its utility to the High Court, the defence argues the decrease court docket carried out a “flawed analysis” of the extra professional proof and that different witnesses had not put Bromley on the scene of the offence.
“By taking the approach that it did, the Court of Appeal overstated the probative effect of what it said was evidence corroborating Carter,” the attraction utility mentioned.
Bromley’s attorneys argue there was no unbiased corroboration of the prosecution’s solely key piece of proof.
“That is, there is no independent corroboration of Carter’s evidence that the applicant was involved in a violent altercation with the deceased, Mr Docoza. And that is the critical issue on this application,” they mentioned.
“The Crown fails to grapple with this fact. In the circumstances, special leave ought to be granted to appeal and the appeal allowed.”
The High Court listening to has been set down for 2 days from Wednesday.
Bromley has been in jail since 1985, having been denied parole as a result of he has maintained his innocence.
Source: www.9news.com.au
