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Reasonable Doubt
Forensic scientist Xanthé Mallett is used to dealing with the darker side of humanity. Now she's turning her skills and insight to miscarriages of justice and cases of Australians who have been wrongfully convicted. Exposing false confessions, polices biases, misplaced evidence and dodgy science,
Reasonable Doubt
is an expert's account of the murky underbelly of our justice system - and the way it affects us all.
- GenresNonfictionTrue Crime
272 pages, Paperback
First published July 28, 2020
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Displaying 1 - 28 of 28 reviews
September 10, 2020
I read in the blurb of some book that white people invented racism and thought 'ridiculous, tell that to the Chinese, the Indians, the Arabs, and looked up Racism by country. I thought, racism is probably quite natural and grows out of my family first, then my neighbours, then my village, then my .... etc. as to who you would share food with and the defence of your area against strangers who might not be friendly. Note: the rants are in spoilers!
Because something is natural doesn't make it good. Growing up and become an adult is a process of civilizing the basic instincts to fit in with the prevalent culture. And the way in which things are done to be acceptable, including manners and mutual respect is so that aggression and damaging self-interest is kept at bay in a society most want to be pleasant and harmonious.
So I was shocked, horrified, dismayed, and all the other appalling words you can think of to read of how the Aborigines and Torres Straits Islanders are treated in Australia by the White police. It was, as that blurb had said, as if Whites had invented racism. Certainly they were using exactly the same playbook.
In a town rife with poverty, where jobs are scarce, housing and education is substandard and any services provided by government are at a minimum and very poor. A man and a woman were drinking. The police shortly after arrest the man for drunkeness and throw him in the cells overnight. Later the woman is found murdered. The man is re-arrested and charged with murder. Statements are made that are withdrawn. 'Witnesses' are coerced into making them but all withdraw them except for one man who says he will testify but hangs himself before the trial.
Despite the cast-iron alibi and despite a violent, repeat offender confessing to the murder a month later, the police have decided on who is guilty of the crime and construct a case to support it. The time of death is fudged over, the 'verbatim' report of 12 hours interviewing is less than 20 minutes long when written, obviously the evidence is all circumstantial but the all White jury believe the all White police.
"Why would you charge someone with murder and have all this 'evidence' if they didn't do it? The police, they are to be trusted against these criminally-minded people who are just a load of out-of-work drunks who seem incapable of living in our society despite all the wonderful things we do for them." Or similar, must have been the jury's mindset.
How Kelvin Condren was released from prison in 1990 with the conviction withdrawn and compensated with $400,000 by the Queensland Government is very interesting. It came about by a nosy, and persistent investigative reporter and the mechanism was forensic written speech analysis. The verbatim report was not written in the way in which an indigenous Australian uses English. Specifically, there were times given, and clock-time is not something of importance to them and rarely used.
Is this any different to the US? Who wrote the manual on White police oppression of Black people? Who is taught it from childhood that the police may be a load of corrupt, violent, trigger-happy (in the US) bastards but when it comes to dealing with Black people, well they are there to protect 'us' from them and in such cases must be believed. So the prisons in the US and even worse, much worse in Australia, are full of Black people. The indigenous youth population of the Northern Territory is only 7% of the youth population, but it is 97% of the youth in detention. In the last 15 years, the number of people in prison in Australia has gone up by 88% of Aboriginal Australians, but only 28% of the rest of the population.
I have three sons. Two are black.
It seems that the Australians have been taking note of Saudi Arabia. There, if a woman complains of rape she is immediately imprisoned for having sex outside marriage. In Australia, indigenous women who have been fined for some misdemeanor but have not paid it, and subsequently complain to the police of domestic abuse, are jailed for non-payment of fines.
Black women, indigenous women, are 21 times more likely to end up in prison than White women. So, the system has it in for them, deprived areas and few opportunities for employment should they come before the courts for some small offence, are fined, and then if they become victims of (usually) their male partner's abuse and complain about it, the system piles it on. So then they are imprisoned, their children don't have a mother, and are even less likely to get employment when released. Best stay home and suffer the violence so as to be able to look after the children. (Whether this is, as in Saudi Arabia, deliberately aimed at women, I'm not sure. But perhaps the pecking order is White men, White women, Black men, and at the bottom of the pile, Black women, who should know their place).
So that sentence I scoffed at originally, that White people invented racism is justified. Not racism, per se, but overt or covert knowledge of what White society will tolerate or even applaud in the use and abuse of power, repression and oppression of people who look different from them and can be safely regarded, especially the young men, as criminal types who don't even talk properly .
Somehow this reminds me of To Kill a Mockingbird which I loved until I read the first draft of the book rejected by the publisher, but after Harper Lee's death published as Go Set a Watchman which reverses Atticus's motives as he is extremely, typically (for the time) racist.
Because something is natural doesn't make it good. Growing up and become an adult is a process of civilizing the basic instincts to fit in with the prevalent culture. And the way in which things are done to be acceptable, including manners and mutual respect is so that aggression and damaging self-interest is kept at bay in a society most want to be pleasant and harmonious.
So I was shocked, horrified, dismayed, and all the other appalling words you can think of to read of how the Aborigines and Torres Straits Islanders are treated in Australia by the White police. It was, as that blurb had said, as if Whites had invented racism. Certainly they were using exactly the same playbook.
In a town rife with poverty, where jobs are scarce, housing and education is substandard and any services provided by government are at a minimum and very poor. A man and a woman were drinking. The police shortly after arrest the man for drunkeness and throw him in the cells overnight. Later the woman is found murdered. The man is re-arrested and charged with murder. Statements are made that are withdrawn. 'Witnesses' are coerced into making them but all withdraw them except for one man who says he will testify but hangs himself before the trial.
Despite the cast-iron alibi and despite a violent, repeat offender confessing to the murder a month later, the police have decided on who is guilty of the crime and construct a case to support it. The time of death is fudged over, the 'verbatim' report of 12 hours interviewing is less than 20 minutes long when written, obviously the evidence is all circumstantial but the all White jury believe the all White police.
"Why would you charge someone with murder and have all this 'evidence' if they didn't do it? The police, they are to be trusted against these criminally-minded people who are just a load of out-of-work drunks who seem incapable of living in our society despite all the wonderful things we do for them." Or similar, must have been the jury's mindset.
How Kelvin Condren was released from prison in 1990 with the conviction withdrawn and compensated with $400,000 by the Queensland Government is very interesting. It came about by a nosy, and persistent investigative reporter and the mechanism was forensic written speech analysis. The verbatim report was not written in the way in which an indigenous Australian uses English. Specifically, there were times given, and clock-time is not something of importance to them and rarely used.
Is this any different to the US? Who wrote the manual on White police oppression of Black people? Who is taught it from childhood that the police may be a load of corrupt, violent, trigger-happy (in the US) bastards but when it comes to dealing with Black people, well they are there to protect 'us' from them and in such cases must be believed. So the prisons in the US and even worse, much worse in Australia, are full of Black people. The indigenous youth population of the Northern Territory is only 7% of the youth population, but it is 97% of the youth in detention. In the last 15 years, the number of people in prison in Australia has gone up by 88% of Aboriginal Australians, but only 28% of the rest of the population.
I have three sons. Two are black.
It seems that the Australians have been taking note of Saudi Arabia. There, if a woman complains of rape she is immediately imprisoned for having sex outside marriage. In Australia, indigenous women who have been fined for some misdemeanor but have not paid it, and subsequently complain to the police of domestic abuse, are jailed for non-payment of fines.
Black women, indigenous women, are 21 times more likely to end up in prison than White women. So, the system has it in for them, deprived areas and few opportunities for employment should they come before the courts for some small offence, are fined, and then if they become victims of (usually) their male partner's abuse and complain about it, the system piles it on. So then they are imprisoned, their children don't have a mother, and are even less likely to get employment when released. Best stay home and suffer the violence so as to be able to look after the children. (Whether this is, as in Saudi Arabia, deliberately aimed at women, I'm not sure. But perhaps the pecking order is White men, White women, Black men, and at the bottom of the pile, Black women, who should know their place).
So that sentence I scoffed at originally, that White people invented racism is justified. Not racism, per se, but overt or covert knowledge of what White society will tolerate or even applaud in the use and abuse of power, repression and oppression of people who look different from them and can be safely regarded, especially the young men, as criminal types who don't even talk properly .
Somehow this reminds me of To Kill a Mockingbird which I loved until I read the first draft of the book rejected by the publisher, but after Harper Lee's death published as Go Set a Watchman which reverses Atticus's motives as he is extremely, typically (for the time) racist.
August 20, 2021
Xanthe Mallett is an Australian forensic scientist and criminologist. This is the first book of hers that I have read but have seen her on true crime documentaries, namely one about the Belanglo Forest serial killer, Ivan Milat.
In Reasonable Doubt Xanthe takes us through a collection of criminal cases in Australia where justice was incorrectly metered out. In all cases, except the last, someone has been sent to prison for murder - some have been inside for a few years and some up to twenty. While at pains to explain that she cannot definitively say whether or not the parties are guilty, she can show how justice was not served in any of the cases. Coerced statements, sloppy police work, poor autopsy work, mistaken identities but all cases proceeded to court.
The book is a real eye opener to what can go wrong. It is startling how you may be arrested and casually await the police to do their work, knowing fully that you are innocent, only to be charged and convicted because somebody was slack in their work or a jury was conned. There are parts of the book that I found a little dry and repetitive and at times there are pages where things are explained in detail which I found unnecessary. However this book can make your blood boil for what we just blatantly accept as truth.
The last of the stories is a little different. It deals with Melbourne's Lawyer X. A criminal lawyer who defended some of the underworld's most powerful figures during the gangland war in Melbourne. As we now know Lawyer X has been named, Nicola Gobbo, the lawyer that defended the criminals and was feeding police information about them as she did. An obvious illegal breach of client/lawyer privilege that went on for many years until an inquiry brought the matter out and named Nicola. The police believe she was also feeding their information back to criminals, not the wisest of games and surely she will be looking over her shoulder for the rest of her days.
In Reasonable Doubt Xanthe takes us through a collection of criminal cases in Australia where justice was incorrectly metered out. In all cases, except the last, someone has been sent to prison for murder - some have been inside for a few years and some up to twenty. While at pains to explain that she cannot definitively say whether or not the parties are guilty, she can show how justice was not served in any of the cases. Coerced statements, sloppy police work, poor autopsy work, mistaken identities but all cases proceeded to court.
The book is a real eye opener to what can go wrong. It is startling how you may be arrested and casually await the police to do their work, knowing fully that you are innocent, only to be charged and convicted because somebody was slack in their work or a jury was conned. There are parts of the book that I found a little dry and repetitive and at times there are pages where things are explained in detail which I found unnecessary. However this book can make your blood boil for what we just blatantly accept as truth.
The last of the stories is a little different. It deals with Melbourne's Lawyer X. A criminal lawyer who defended some of the underworld's most powerful figures during the gangland war in Melbourne. As we now know Lawyer X has been named, Nicola Gobbo, the lawyer that defended the criminals and was feeding police information about them as she did. An obvious illegal breach of client/lawyer privilege that went on for many years until an inquiry brought the matter out and named Nicola. The police believe she was also feeding their information back to criminals, not the wisest of games and surely she will be looking over her shoulder for the rest of her days.
August 4, 2020
A fascinating look into miscarriages of justice.
This true crime offering explores the fallacies of the justice system - globally, though with a specific focus on Australian cases.
It covers things like evidence tampering and contamination, forced confessions, poor police work, and false or misleading evidence from eyewitnesses.
The book focuses on six case studies where innocent people were imprisoned unjustly, and that chilling concept is what makes this book hit so hard. The justice system isn't perfect, and when people make mistakes, there are far-reaching consequences that destroy innocent lives.
I really enjoyed the way it was set out. The case studies all provide different examples of injustice, but there are also inserts that provide further insight into legal procedures and forensic evidence. There's a lot to learn, but it's also incredibly frustrating to read about how authority figures responsible for seeing justice done failed their jobs so completely.
For example: Khalid Baker, who spent 13 years in prison despite his friend claiming to this day that if anyone was at fault it was himself. Even with that confession, it seems apparent that it was a tragic accident for which no one should have suffered. I was also horrified by the case of Kelvin Condren, who spent six years in prison for a murder than another man confessed to before Kelvin's case even went to trial. This book also covers the recent case of the notorious Lawyer X, who denied many of her clients a fair trial by informing on them to police concurrently.
The ramifications are astounding, and I appreciate the way this book questions, and provides facts and suggestions, without necessarily damning anyone. It approaches the cases from an informed, unbiased perspective, and with the information provided it is evident that there are serious flaws in the justice system.
This book isn't about raising hell, or questioning legal procedures, or condemning the justice system. It's about the ramifications of mistaken convictions, and the need to 'Fight hard, but fight fair.' It's about the lives impacted. It's an informed, intelligent compilation that encourages the reader to always question things, and not let blind faith or inherent biases affect our judgement of others.
I really enjoyed it, and it's given me a lot to think about. Highly recommend for those interested in the True Crime genre.
Available from July 28, 2020. With thanks to Macmillan for an ARC
This true crime offering explores the fallacies of the justice system - globally, though with a specific focus on Australian cases.
It covers things like evidence tampering and contamination, forced confessions, poor police work, and false or misleading evidence from eyewitnesses.
The book focuses on six case studies where innocent people were imprisoned unjustly, and that chilling concept is what makes this book hit so hard. The justice system isn't perfect, and when people make mistakes, there are far-reaching consequences that destroy innocent lives.
I really enjoyed the way it was set out. The case studies all provide different examples of injustice, but there are also inserts that provide further insight into legal procedures and forensic evidence. There's a lot to learn, but it's also incredibly frustrating to read about how authority figures responsible for seeing justice done failed their jobs so completely.
For example: Khalid Baker, who spent 13 years in prison despite his friend claiming to this day that if anyone was at fault it was himself. Even with that confession, it seems apparent that it was a tragic accident for which no one should have suffered. I was also horrified by the case of Kelvin Condren, who spent six years in prison for a murder than another man confessed to before Kelvin's case even went to trial. This book also covers the recent case of the notorious Lawyer X, who denied many of her clients a fair trial by informing on them to police concurrently.
The ramifications are astounding, and I appreciate the way this book questions, and provides facts and suggestions, without necessarily damning anyone. It approaches the cases from an informed, unbiased perspective, and with the information provided it is evident that there are serious flaws in the justice system.
This book isn't about raising hell, or questioning legal procedures, or condemning the justice system. It's about the ramifications of mistaken convictions, and the need to 'Fight hard, but fight fair.' It's about the lives impacted. It's an informed, intelligent compilation that encourages the reader to always question things, and not let blind faith or inherent biases affect our judgement of others.
I really enjoyed it, and it's given me a lot to think about. Highly recommend for those interested in the True Crime genre.
Available from July 28, 2020. With thanks to Macmillan for an ARC
August 4, 2020
I don't read a lot of non-fiction but crime fiction is one of my favourite reads so I was very interested in Dr Xanthe Mallett's book Reasonable Doubt.
Dr Xanthe Mallett has delivered a story that is both informative and interesting. One of the catch phrases on the cover is: exposing Australia's worst wrongful convictions. I am sure everyone can think of at least one case where the justice system got it all wrong. Lindy Chamberlain's conviction of the murder of her daughter comes to mind, but I was surprised how many times they get it wrong. Mallett covers five cases and also the case of lawyer X (Nicola Gobbo).
Reasonable Doubt is a fascinating read. We put our faith in the justice system to protect the innocent but sometimes it goes terribly wrong - coerced confessions, lab errors, prejudice, unreliable evidence, incompetence and corruption are all discussed in the cases covered.
I would rather see the odd criminal go free than to see an innocent person in prison.
The CSI element is engrossing. Dr Mallett explains the introduction of DNA testing which helps to prove both guilt and innocence but even this can sometimes go wrong when human error is included in the mix.
Dr Mallett backs up her case studies with notes from experts in different fields of forensic science; Blood spatter, DNA profiling, forensic linguistics, false confessions, rules of disclosure, allowable evidence.
I read this book with astonishment and a whole lot of unease at how easily even the experts get it wrong sometimes. However, Dr Mallett leaves us with some final words of optimism.
If you are a reader of crime fiction this book will fascinate you as fact is always stranger and much more compelling than fiction.
Dr Xanthe Mallett has delivered a story that is both informative and interesting. One of the catch phrases on the cover is: exposing Australia's worst wrongful convictions. I am sure everyone can think of at least one case where the justice system got it all wrong. Lindy Chamberlain's conviction of the murder of her daughter comes to mind, but I was surprised how many times they get it wrong. Mallett covers five cases and also the case of lawyer X (Nicola Gobbo).
"When evidence focuses on guilt testing, to the exclusion of innocence testing, miscarriages of justice occur."
Reasonable Doubt is a fascinating read. We put our faith in the justice system to protect the innocent but sometimes it goes terribly wrong - coerced confessions, lab errors, prejudice, unreliable evidence, incompetence and corruption are all discussed in the cases covered.
I would rather see the odd criminal go free than to see an innocent person in prison.
The CSI element is engrossing. Dr Mallett explains the introduction of DNA testing which helps to prove both guilt and innocence but even this can sometimes go wrong when human error is included in the mix.
Dr Mallett backs up her case studies with notes from experts in different fields of forensic science; Blood spatter, DNA profiling, forensic linguistics, false confessions, rules of disclosure, allowable evidence.
I read this book with astonishment and a whole lot of unease at how easily even the experts get it wrong sometimes. However, Dr Mallett leaves us with some final words of optimism.
"Don't be depressed, though. These cases are awful and the stories sad. But, generally, our justice system works, and those who have committed crimes are sent to prison, and the innocent are exonerated."
If you are a reader of crime fiction this book will fascinate you as fact is always stranger and much more compelling than fiction.
July 26, 2020
In 2019 I attended the BAD Crime Festival in Sydney . One of the sessions that I went to was a debate with the subject "That Fact is Stranger Than Fiction" On the side of Fact was one of my favourite writers Michael Robothham and Dr Xanthe Mallett. On Fictions side was another favourite of mine, Candice Fox. It was a highly educational and entertaining afternoon and I was really interested to hear some of the stories that Dr Xanthe Mallett was talking about and keen to learn more.
This book, Reasonable Doubt talks about when the justice system fails for many reason. There are 6 cases where the process has fallen down at some point and the wrong people are convicted. We hear about failures when DNA evidence is not taken, or tampered with, when witnesses are coerced into giving false statements, where race comes into the equation. The final chapter is about Lawyer X, a case that is still ongoing and has far reaching ramifications on all sides.
It was a really interesting read, with me shaking my head so many times at the lack of common sense sometimes. There are people still suffering, and not just the victim or the accused. When the system fails so many people are touched in one way or another. As a big reader of crime fiction it was a fascinating look at the behind the scenes workings of these cases
Thanks to MacMillan Australia for my advanced copy of this book to read. I look forward to reading more of these sorts of books in the future.
This book, Reasonable Doubt talks about when the justice system fails for many reason. There are 6 cases where the process has fallen down at some point and the wrong people are convicted. We hear about failures when DNA evidence is not taken, or tampered with, when witnesses are coerced into giving false statements, where race comes into the equation. The final chapter is about Lawyer X, a case that is still ongoing and has far reaching ramifications on all sides.
It was a really interesting read, with me shaking my head so many times at the lack of common sense sometimes. There are people still suffering, and not just the victim or the accused. When the system fails so many people are touched in one way or another. As a big reader of crime fiction it was a fascinating look at the behind the scenes workings of these cases
Thanks to MacMillan Australia for my advanced copy of this book to read. I look forward to reading more of these sorts of books in the future.
August 24, 2020
Mallett uses a series of case studies to explore the systemic failures of our criminal justice system. My stomach churned as I read case after case of wrongfully convicted people released after years, their lives in tatters, with little more than a “lol soz”. She focuses on the factors of a case that increase the likelihood of a wrongful conviction, with particular attention to race and disability, and carefully explains forensic and legal processes that might otherwise escape your average armchair detective (e.g., do you understand the important distinction between “new” and “fresh” evidence? I didn’t, until I read Reasonable Doubt).
By examining how and why miscarriages of justice occur, Mallett reveals opportunities for us to avoid them, and highlights the importance of making adequate restitution where they do occur. My extended review is up now on Keeping Up With The Penguins.
By examining how and why miscarriages of justice occur, Mallett reveals opportunities for us to avoid them, and highlights the importance of making adequate restitution where they do occur. My extended review is up now on Keeping Up With The Penguins.
August 7, 2020
In Reasonable Doubt forensic anthropologist and criminologist Xanthé Mallett examines the flaws in the Australian criminal justice system that have contributed to five wrongful murder convictions, and a shocking legal scandal whose repercussions will likely see the guilty go free.
Reasonable Doubt is not intended as an indictment of the system as a whole, Mallett’s focus is on the failures of law that lead to a wrongful conviction, irrespective of the innocence or guilt of the accused. She presents an intelligent and thoughtful study of its weaknesses, which range from poor police investigative processes, to unreliable evidence, to corruption, resulting in convictions that ostensibly contradict the intent of justice.
While I’ve always accepted miscarriages of justice happen, I was still shocked to learn just how badly things can go wrong, and how difficult it is to correct those mistakes. The case studies presented span the country, and involve alleged perpetrators from different socioeconomic backgrounds and races. I was only vaguely familiar with two of them but found each case fascinating.
Mallett’s research appears to be meticulous and impartial, based on her investigation of the facts available. She includes information from experts in their fields to explain relevant legal concepts or provide further forensic detail.
With its accessible narrative, and thought-provoking and fascinating subject, Reasonable Doubt is a must read for fans of the true crime genre, or anyone with interest in the Australian legal system.
Reasonable Doubt is not intended as an indictment of the system as a whole, Mallett’s focus is on the failures of law that lead to a wrongful conviction, irrespective of the innocence or guilt of the accused. She presents an intelligent and thoughtful study of its weaknesses, which range from poor police investigative processes, to unreliable evidence, to corruption, resulting in convictions that ostensibly contradict the intent of justice.
While I’ve always accepted miscarriages of justice happen, I was still shocked to learn just how badly things can go wrong, and how difficult it is to correct those mistakes. The case studies presented span the country, and involve alleged perpetrators from different socioeconomic backgrounds and races. I was only vaguely familiar with two of them but found each case fascinating.
Mallett’s research appears to be meticulous and impartial, based on her investigation of the facts available. She includes information from experts in their fields to explain relevant legal concepts or provide further forensic detail.
With its accessible narrative, and thought-provoking and fascinating subject, Reasonable Doubt is a must read for fans of the true crime genre, or anyone with interest in the Australian legal system.
December 9, 2020
In Reasonable Doubt, forensic anthropologist / criminologist / TV Crime Show Presenter Xanthé Mallett explores six cases from recent Australian judicial history in which she believes a miscarriage of justice has occurred.
As Mallett describes, miscarriages of justice and unsafe verdicts can occur for a wide variety of reasons, including compromised forensic evidence, mistaken witness testimony, coerced false confessions, and police and/or prosecutorial misconduct or negligence. The cases she details each illustrate the effect these factors, sometimes several in combination in a particular case, can play in leading to unjust convictions.
The boxed sections in which experts in the field explain particular issues are particularly useful and provide a strong context for the particular cases and issues Mallett expands upon.
While I found the book an interesting read, I occasionally found Mallett's tone self-righteous, and felt that she crossed the line from an objective analysis into championing for the defendant's cause in at least one chapter - that concerning the conviction of Khalid Baker. While I wholeheartedly support the right of those who feel (or know) they've been wrongly convicted, and their representatives, publicising their fight for justice, I found the switch in perspective jarring and this chapter worryingly one-sided, valid though the defendant's concerns are.
While Mallett is a fully qualified expert in the area, I felt her "other life" as a true crime TV presenter came through here. To my mind, there has been a dangerous tendency for the infotainment "news" industry (60 Minutes, I'm talking to you!) to produce highly selective exposés in contentious cases, in which the facts seem to be either "dumbed down" or "sexed up" to gain the attention of a television audience, most of whom cannot be expected to have more than a basic understanding of the scientific processes and legal rules that apply. [I should admit my own bias here - I have previously worked in the management side of forensic services, and as a public sector lawyer within the justice system. I have a minimal tangential connection to a case presently before the courts on appeal, the coverage of which by some elements of the media and by the defendant's supporters I feel has been less than frank and honest.]
Mallett completed her book during the 2020 Covid-19 lockdown, and I wonder whether the copy editing of the final chapter, in particular, has suffered as a result. The prose certainly isn't as tight as the earlier chapters. Her copy editor also needs to revise on the difference between "affect" and "effect"!
For the sake of prospective readers, the cases covered in Reasonable Doubt are:
1. Wayne Butler (convicted of the murder of Celia "Tasha" Douty in 1983).
2. Kelvin Condren (convicted of the murder of Patricia Carlton in 1983 - conviction overturned in 1990).
3. Andrew Mallard (convicted of the murder of Pamela Lawrence in 1994 - conviction quashed in 2006).
4. Henry Keogh (convicted of the murder of Anna-Jane Cheney in 1994 - conviction overturned in 2014).
5. Khalid Baker (convicted of the murder of Albert Snowball in 2005).
6. Nicola Gobbo (a.k.a. "Lawyer X" - acted simultaneously as defence counsel and police informant between 1994 and 2011, placing the convictions of numerous defendants in doubt - many of these cases are now coming back before the court on appeal).
As Mallett describes, miscarriages of justice and unsafe verdicts can occur for a wide variety of reasons, including compromised forensic evidence, mistaken witness testimony, coerced false confessions, and police and/or prosecutorial misconduct or negligence. The cases she details each illustrate the effect these factors, sometimes several in combination in a particular case, can play in leading to unjust convictions.
The boxed sections in which experts in the field explain particular issues are particularly useful and provide a strong context for the particular cases and issues Mallett expands upon.
While I found the book an interesting read, I occasionally found Mallett's tone self-righteous, and felt that she crossed the line from an objective analysis into championing for the defendant's cause in at least one chapter - that concerning the conviction of Khalid Baker. While I wholeheartedly support the right of those who feel (or know) they've been wrongly convicted, and their representatives, publicising their fight for justice, I found the switch in perspective jarring and this chapter worryingly one-sided, valid though the defendant's concerns are.
While Mallett is a fully qualified expert in the area, I felt her "other life" as a true crime TV presenter came through here. To my mind, there has been a dangerous tendency for the infotainment "news" industry (60 Minutes, I'm talking to you!) to produce highly selective exposés in contentious cases, in which the facts seem to be either "dumbed down" or "sexed up" to gain the attention of a television audience, most of whom cannot be expected to have more than a basic understanding of the scientific processes and legal rules that apply. [I should admit my own bias here - I have previously worked in the management side of forensic services, and as a public sector lawyer within the justice system. I have a minimal tangential connection to a case presently before the courts on appeal, the coverage of which by some elements of the media and by the defendant's supporters I feel has been less than frank and honest.]
Mallett completed her book during the 2020 Covid-19 lockdown, and I wonder whether the copy editing of the final chapter, in particular, has suffered as a result. The prose certainly isn't as tight as the earlier chapters. Her copy editor also needs to revise on the difference between "affect" and "effect"!
For the sake of prospective readers, the cases covered in Reasonable Doubt are:
1. Wayne Butler (convicted of the murder of Celia "Tasha" Douty in 1983).
2. Kelvin Condren (convicted of the murder of Patricia Carlton in 1983 - conviction overturned in 1990).
3. Andrew Mallard (convicted of the murder of Pamela Lawrence in 1994 - conviction quashed in 2006).
4. Henry Keogh (convicted of the murder of Anna-Jane Cheney in 1994 - conviction overturned in 2014).
5. Khalid Baker (convicted of the murder of Albert Snowball in 2005).
6. Nicola Gobbo (a.k.a. "Lawyer X" - acted simultaneously as defence counsel and police informant between 1994 and 2011, placing the convictions of numerous defendants in doubt - many of these cases are now coming back before the court on appeal).
August 11, 2020
We all put our faith in the criminal justice system. We trust the professionals: the police, the lawyers, the judges, the expert witnesses. But what happens when the process lets us down and the wrong person ends up in jail?
Forensic Scientist Xanthé Mallet explores some of the cases where the the criminal justice system failed. It was a fascinating read! Anyone who knows me will know that I’m a big true crime fan and am fascinated by all things crime related. This delved into the other world, the world where too many people have been put in prison because of a failure in the system. It’s heartbreaking.
It does also explore the way evidence is collected in quite intense detail, which can be hard to understand at times, but Mallet does break it down well into easy to understand language.
If you are at all interested in true crime, this read is fascinating!!! Would definitely recommend.
Forensic Scientist Xanthé Mallet explores some of the cases where the the criminal justice system failed. It was a fascinating read! Anyone who knows me will know that I’m a big true crime fan and am fascinated by all things crime related. This delved into the other world, the world where too many people have been put in prison because of a failure in the system. It’s heartbreaking.
It does also explore the way evidence is collected in quite intense detail, which can be hard to understand at times, but Mallet does break it down well into easy to understand language.
If you are at all interested in true crime, this read is fascinating!!! Would definitely recommend.
November 15, 2021
‘The effects of wrongful convictions impact us all.’
Dr Xanthé Mallett is a forensic scientist and criminologist who has been based in Sydney since 2013. In this book, she looks at six specific cases where justice has failed. In five cases, men have been convicted of murder and have served time in prison. In each of these cases, there was a miscarriage of justice. I think that the most important points Dr Mallett makes are that miscarriages of justice can take many forms, and the criminal justice system does not always deliver justice.
‘We mostly forget about the wrongly accused and convicted when we think about victims of crime, but in this book I want to highlight some of their stories, because if it could happen to them it could happen to anybody.’
Staying with the first five cases, Dr Mallett demonstrates how the criminal justice system failed in each case. From false confessions and poor police work to contaminated evidence, from unreliable eyewitness accounts to dubious expert advice: there are many causes of failure. There are expert inserts included which provide additional information about legal procedures and forensic evidence. In two of the cases, involving an Aboriginal man and a man of Ethiopian heritage, racism seems to be a factor. Assumptions feed sloppy policework in one case, witness misidentification based on race seems a factor in the other.
Reading through each of these first five cases: Wayne Butler; Kevin Condren; Andrew Mallard; Henry Keogh and Khalid Baker is an eye-opener. I wondered how any of these men could have been convicted (found guilty beyond reasonable doubt) based on the information presented to the court. And then I remembered that what I was reading and what the jury had available to them were not the same.
The sixth case Dr Mallett covers is very different. This is the case of the infamous Lawyer X, Nicola Gobbo. This woman defended many of the criminals involved in Melbourne’s gangland war. While she was defending them, she was feeding information to the police about their criminal activities. She may also have been feeding information back to her clients about police activities. And so, it would seem that at least some of Ms Gobbo’s clients were denied a fair trial. Sigh. At least one client, Tony Mokbel, has appealed against his conviction. The implications for the Victoria Police Force are huge, and undoubtedly Ms Gobbo will be looking over her shoulder for the rest of her life.
I found this book disturbing, informative and thought-provoking and would recommend it to anyone interested in criminal justice.
Jennifer Cameron-Smith
Dr Xanthé Mallett is a forensic scientist and criminologist who has been based in Sydney since 2013. In this book, she looks at six specific cases where justice has failed. In five cases, men have been convicted of murder and have served time in prison. In each of these cases, there was a miscarriage of justice. I think that the most important points Dr Mallett makes are that miscarriages of justice can take many forms, and the criminal justice system does not always deliver justice.
‘We mostly forget about the wrongly accused and convicted when we think about victims of crime, but in this book I want to highlight some of their stories, because if it could happen to them it could happen to anybody.’
Staying with the first five cases, Dr Mallett demonstrates how the criminal justice system failed in each case. From false confessions and poor police work to contaminated evidence, from unreliable eyewitness accounts to dubious expert advice: there are many causes of failure. There are expert inserts included which provide additional information about legal procedures and forensic evidence. In two of the cases, involving an Aboriginal man and a man of Ethiopian heritage, racism seems to be a factor. Assumptions feed sloppy policework in one case, witness misidentification based on race seems a factor in the other.
Reading through each of these first five cases: Wayne Butler; Kevin Condren; Andrew Mallard; Henry Keogh and Khalid Baker is an eye-opener. I wondered how any of these men could have been convicted (found guilty beyond reasonable doubt) based on the information presented to the court. And then I remembered that what I was reading and what the jury had available to them were not the same.
The sixth case Dr Mallett covers is very different. This is the case of the infamous Lawyer X, Nicola Gobbo. This woman defended many of the criminals involved in Melbourne’s gangland war. While she was defending them, she was feeding information to the police about their criminal activities. She may also have been feeding information back to her clients about police activities. And so, it would seem that at least some of Ms Gobbo’s clients were denied a fair trial. Sigh. At least one client, Tony Mokbel, has appealed against his conviction. The implications for the Victoria Police Force are huge, and undoubtedly Ms Gobbo will be looking over her shoulder for the rest of her life.
I found this book disturbing, informative and thought-provoking and would recommend it to anyone interested in criminal justice.
Jennifer Cameron-Smith
July 29, 2020
Thank you so much to Pan Macmillan for providing me with a copy of Reasonable Doubt, in exchange for an honest review!
Reasonable Doubt takes us through some of Australia's worst wrongful convictions, the fight to clear the accused names and the ultimate outcomes. Dr Mallett provides a ton of information about how and why these miscarriages of justice happen, and some of the ways they could have been avoided. He talks about confirmation bias, by police and jurors, and the increased likelihood of marginalised groups being affected.
The idea of wrongful convictions terrifies me. The thought that people are being incarcerated, sometimes losing years of their life (and having the rest of their life affected, due to the criminal label that can continue to follow them, regardless of their exoneration) is just horrifying. For those of us lucky enough to be able to assume innocence = protection, it's almost unfathomable that we could find ourselves in a position where we're unable to convince the law that we have not committed a crime - but I'm sure this assumption was also held by every single person who has been wrongfully convicted, before their world came crashing down.
I did feel like the constant interruption of each story, with a page or so of technical jargon and other cases that related to the information, made the book a little harder to read. Those pieces of information were great, but I would have liked to see them at the end of each chapter, instead of half way through a case.
I think this book is an important read, not only for interest sake, but to allow us to examine our own confirmation biases, and to remind ourselves that, when it comes to crime, there's nothing more important than finding the truth.
Reasonable Doubt takes us through some of Australia's worst wrongful convictions, the fight to clear the accused names and the ultimate outcomes. Dr Mallett provides a ton of information about how and why these miscarriages of justice happen, and some of the ways they could have been avoided. He talks about confirmation bias, by police and jurors, and the increased likelihood of marginalised groups being affected.
The idea of wrongful convictions terrifies me. The thought that people are being incarcerated, sometimes losing years of their life (and having the rest of their life affected, due to the criminal label that can continue to follow them, regardless of their exoneration) is just horrifying. For those of us lucky enough to be able to assume innocence = protection, it's almost unfathomable that we could find ourselves in a position where we're unable to convince the law that we have not committed a crime - but I'm sure this assumption was also held by every single person who has been wrongfully convicted, before their world came crashing down.
I did feel like the constant interruption of each story, with a page or so of technical jargon and other cases that related to the information, made the book a little harder to read. Those pieces of information were great, but I would have liked to see them at the end of each chapter, instead of half way through a case.
I think this book is an important read, not only for interest sake, but to allow us to examine our own confirmation biases, and to remind ourselves that, when it comes to crime, there's nothing more important than finding the truth.
August 1, 2020
Thank you to @macmillanaus for sending me a copy for review. This one was a non fiction, which I dont often read but I am so glad i read this one as I really enjoyed it and would love to read more like it 😊 This one is a true crime book that explores a number of cases in which a person has been wrongfully convicted within Australia. The author goes through 5 separate cases and how events had led up to the conviction and how they impacted the results. Throughout was also information on some of the terms used within that would be helpful for those reading that may not have alot of knowledge of the legal system. The author also briefly refers to some other cases of a similar nature that had similar outcomes. Overall an enjoyable read that I would recommend for lovers of true crime.
August 7, 2020
** Firstly, thank you to Pan MacMillan Australian for an advanced copy of this book for review.
*** Trigger warnings - murder, sexual abuse, child abuse.
This book really makes you think about the criminal justice system in Australia, and opens your eyes to different types of miscarriages of justice. We all know they exist - we probably have more knowledge of American cases of people being wrongly convicted for crimes they didn't commit, and we have all heard of the Innocence Project at least once, whether it is through television shows or news reports. But to read so many cases of it happening here on home soil, it's quite scary.
But it's also annoyingly frustrating. As a citizen of this country, it is my assumption that the legal system will do what it needs to do - you're guilty, great, off to prison you go; oh, wait, you're not guilty, you can go home to the wife and kids, and get on with your life. Nope, that's apparently a very 'simpleton' way of looking at the justice system.
Mallett talks through a number of different cases, ranging from wrongly convicted murderers, to misleading or completely wrong evidence provided by unqualified numbnuts in positions of frightening power, to lazy and discriminate police work and unethical practices. What I liked about this book is the inclusion of wrongful convictions based on racism - Mallett shares with her readers the overrepresentation of Aboriginal and Torres Strait Islander adults and youth in detention centres, and the obvious influence that race can have on the outcome of a criminal case.
Some of the cases discussed in this book were and still are high profile. One in particular relates to the Melbourne Gangland murders, and the potential consequences that particular miscarriage of justice could have. The possible ramifications of this particular stuff-up are enormous, and quite frankly, terrifying. At times through this book I found myself audibly voicing my emotions, often with a "oh God", or "don't tell me...". When I read the chapter relating to the Gangland murder's, I felt my body grow cold, as the possible consequences of the situation dawned on me. When you read the book, you'll understand why, especially if you are an Aussie, or have lived in this country while the madness was occurring (and for once, I am not referring to COVID).
I have always had a morbid fascination with serial killers, murder, criminal psychology and forensic science. Yes, I grew up watching CSI, Criminal Minds and pretty much every forensic or psychological show you can think of (except Law & Order - that show bored the shit out of me). So I have to admit I have done a lot of research into different types of forensic evidence and investigative processes just for shits and giggles, and as a result, have a pretty good understanding of the big words and processes involved in a criminal investigation (I also studied Criminal Justice at Uni - what, I'm a nerd). But the way Mallett writes the book, anyone who doesn't have a psychopathic interest in murder is still able to understand the jargon. She also includes great passages that explain different concepts, for anyone wanting to go into more depth.
Overall an incredible read. Interesting, but terrifying. I still feel a little off after reading it - the shock that this shit exists as well as the real-world implications have really made me think a little differently about the world in which I live.
*** Trigger warnings - murder, sexual abuse, child abuse.
This book really makes you think about the criminal justice system in Australia, and opens your eyes to different types of miscarriages of justice. We all know they exist - we probably have more knowledge of American cases of people being wrongly convicted for crimes they didn't commit, and we have all heard of the Innocence Project at least once, whether it is through television shows or news reports. But to read so many cases of it happening here on home soil, it's quite scary.
But it's also annoyingly frustrating. As a citizen of this country, it is my assumption that the legal system will do what it needs to do - you're guilty, great, off to prison you go; oh, wait, you're not guilty, you can go home to the wife and kids, and get on with your life. Nope, that's apparently a very 'simpleton' way of looking at the justice system.
Mallett talks through a number of different cases, ranging from wrongly convicted murderers, to misleading or completely wrong evidence provided by unqualified numbnuts in positions of frightening power, to lazy and discriminate police work and unethical practices. What I liked about this book is the inclusion of wrongful convictions based on racism - Mallett shares with her readers the overrepresentation of Aboriginal and Torres Strait Islander adults and youth in detention centres, and the obvious influence that race can have on the outcome of a criminal case.
Some of the cases discussed in this book were and still are high profile. One in particular relates to the Melbourne Gangland murders, and the potential consequences that particular miscarriage of justice could have. The possible ramifications of this particular stuff-up are enormous, and quite frankly, terrifying. At times through this book I found myself audibly voicing my emotions, often with a "oh God", or "don't tell me...". When I read the chapter relating to the Gangland murder's, I felt my body grow cold, as the possible consequences of the situation dawned on me. When you read the book, you'll understand why, especially if you are an Aussie, or have lived in this country while the madness was occurring (and for once, I am not referring to COVID).
I have always had a morbid fascination with serial killers, murder, criminal psychology and forensic science. Yes, I grew up watching CSI, Criminal Minds and pretty much every forensic or psychological show you can think of (except Law & Order - that show bored the shit out of me). So I have to admit I have done a lot of research into different types of forensic evidence and investigative processes just for shits and giggles, and as a result, have a pretty good understanding of the big words and processes involved in a criminal investigation (I also studied Criminal Justice at Uni - what, I'm a nerd). But the way Mallett writes the book, anyone who doesn't have a psychopathic interest in murder is still able to understand the jargon. She also includes great passages that explain different concepts, for anyone wanting to go into more depth.
Overall an incredible read. Interesting, but terrifying. I still feel a little off after reading it - the shock that this shit exists as well as the real-world implications have really made me think a little differently about the world in which I live.
July 27, 2020
- thanks to @macmillanaus for the #gifted copy!
I moved to Australia nearly five years ago, so I am not very familiar with some of the most polemic criminal cases of the country like any Aussie would; however, Dr Mallett does a fantastic job at explaining all the cases thoroughly, and without presuming the reader's previous knowledge.
Reasonable Doubt is a work of non-fiction that explains some of the most striking cases of wrongful convictions in Australia. I wasn't completely ignorant about the concept of wrongful convictions because I have watched countless TV series that depict the idea; however, I unpleasantly surprised to learn about the extent of the damage of these real-life cases.
Dr Mallett explains how, in six different cases, the justice system failed –and failed big time- consequently making people lose years in prison for crimes they didn't commit. The more I read, the more astounded and angry I became, as I could not believe how members of the justice system failed to do their jobs (basically for lacking a minimum of common sense) and how, unfortunately, some of them got away with little consequence.
Even though the content of the book it's triggering and difficult, Dr Mallett's writing style was a phenomenal and precise asset to tell the victims' stories and their suffering. The investigate work is palpable, and it shows, and the explanations of technical concepts were straight-forward and easy to follow. Again, Dr Mallett takes the time to explain relevant information and concepts thoroughly, without assuming any previous conceptual knowledge: from the 'hows' of DNA testing and false coerced statements, to tampered evidence and racial bias.
Overall, Reasonable Doubt it's an informative, thorough and captivating read about some of the most extraordinary wrongful convictions in Australia. I'd recommended it to readers that enjoy true crime.
I moved to Australia nearly five years ago, so I am not very familiar with some of the most polemic criminal cases of the country like any Aussie would; however, Dr Mallett does a fantastic job at explaining all the cases thoroughly, and without presuming the reader's previous knowledge.
Reasonable Doubt is a work of non-fiction that explains some of the most striking cases of wrongful convictions in Australia. I wasn't completely ignorant about the concept of wrongful convictions because I have watched countless TV series that depict the idea; however, I unpleasantly surprised to learn about the extent of the damage of these real-life cases.
Dr Mallett explains how, in six different cases, the justice system failed –and failed big time- consequently making people lose years in prison for crimes they didn't commit. The more I read, the more astounded and angry I became, as I could not believe how members of the justice system failed to do their jobs (basically for lacking a minimum of common sense) and how, unfortunately, some of them got away with little consequence.
Even though the content of the book it's triggering and difficult, Dr Mallett's writing style was a phenomenal and precise asset to tell the victims' stories and their suffering. The investigate work is palpable, and it shows, and the explanations of technical concepts were straight-forward and easy to follow. Again, Dr Mallett takes the time to explain relevant information and concepts thoroughly, without assuming any previous conceptual knowledge: from the 'hows' of DNA testing and false coerced statements, to tampered evidence and racial bias.
Overall, Reasonable Doubt it's an informative, thorough and captivating read about some of the most extraordinary wrongful convictions in Australia. I'd recommended it to readers that enjoy true crime.
November 20, 2020
Dr Xanthe Mallett is back after Cold Case Investigations with a look at solved criminal cases where there is reasonable doubt attached. Dr Mallett looks at miscarriages of justice and wrongful convictions where police bias, false confessions, dodgy eyewitness statements and ineffectual science has lead to the wrong person being convicted for a crime.
Given Dr Mallett's position as an Australian Forensic Anthropologist and Criminologist, I assumed we'd start by looking at Lindy Chamberlain's case given the 40 year anniversary of baby Azaria's death. While Dr Mallett does touch on the Chamberlain case in her Introduction, I couldn't help but be disappointed Sue Neill-Fraser's case doesn't rate a mention in her book.*
Having said that, Dr Mallett clarifies early on that there is an unfortunate abundance of wrongful convictions she could have included:
"For every case I have included there are 100 others I could have chosen, which would have highlighted the same failings and errors that led to an innocent person going to prison." Page 17
In Reasonable Doubt, Dr Mallett provides a detailed look at 6 cases of wrongful convictions and manages to make reference to a range of other cases and examples throughout the course of the book; many outside of Australia.
As in Cold Case Investigations, Dr Mallett includes Expert Inserts to expound on certain elements of the law, investigative process or science to better inform the reader. Of these, I found the section on forensic linguistics to be the most interesting. However, it should be noted that regular consumers of true crime - books, podcasts or documentaries - will already be quite familiar with the content found in these segments.
Reasonable Doubt was an interesting read however the author lost me at the end when she drew a connection between being isolated during the COVID-19 pandemic and trapped at home for our own safety having very little contact with the outside world to being in prison. Umm, no. They're not even vaguely in the same category.
The one thing I do agree on though is a mutual respect and admiration for the work done by those volunteering for innocence initiatives like The Bridge of Hope Foundation based in Melbourne. They do incredible work and the dedication required to work on a case for years without a breakthrough is mind blowing.
My major 'takeaway' from this book was Dr Mallett's overview of the Lawyer X case. I'd seen it all over the news but due to a general lack of interest, had never taken the time to find out exactly what the fuss was all about. Now that I have a general understanding of Nicola Gobbo's transgressions, I'm now equally disgusted with the parties involved.
Reasonable Doubt by Dr Xanthe Mallett is recommended for true crime newbies and those interested in the wrongfully convicted, and precisely how miscarriages of justice can take place within our criminal justice system.
* Copy courtesy of Pan Macmillan Australia *
Given Dr Mallett's position as an Australian Forensic Anthropologist and Criminologist, I assumed we'd start by looking at Lindy Chamberlain's case given the 40 year anniversary of baby Azaria's death. While Dr Mallett does touch on the Chamberlain case in her Introduction, I couldn't help but be disappointed Sue Neill-Fraser's case doesn't rate a mention in her book.*
Having said that, Dr Mallett clarifies early on that there is an unfortunate abundance of wrongful convictions she could have included:
"For every case I have included there are 100 others I could have chosen, which would have highlighted the same failings and errors that led to an innocent person going to prison." Page 17
In Reasonable Doubt, Dr Mallett provides a detailed look at 6 cases of wrongful convictions and manages to make reference to a range of other cases and examples throughout the course of the book; many outside of Australia.
As in Cold Case Investigations, Dr Mallett includes Expert Inserts to expound on certain elements of the law, investigative process or science to better inform the reader. Of these, I found the section on forensic linguistics to be the most interesting. However, it should be noted that regular consumers of true crime - books, podcasts or documentaries - will already be quite familiar with the content found in these segments.
Reasonable Doubt was an interesting read however the author lost me at the end when she drew a connection between being isolated during the COVID-19 pandemic and trapped at home for our own safety having very little contact with the outside world to being in prison. Umm, no. They're not even vaguely in the same category.
The one thing I do agree on though is a mutual respect and admiration for the work done by those volunteering for innocence initiatives like The Bridge of Hope Foundation based in Melbourne. They do incredible work and the dedication required to work on a case for years without a breakthrough is mind blowing.
My major 'takeaway' from this book was Dr Mallett's overview of the Lawyer X case. I'd seen it all over the news but due to a general lack of interest, had never taken the time to find out exactly what the fuss was all about. Now that I have a general understanding of Nicola Gobbo's transgressions, I'm now equally disgusted with the parties involved.
Reasonable Doubt by Dr Xanthe Mallett is recommended for true crime newbies and those interested in the wrongfully convicted, and precisely how miscarriages of justice can take place within our criminal justice system.
* Copy courtesy of Pan Macmillan Australia *
June 9, 2020
This book covers some of the biggest (and, in some cases, lesser-known) cases of wrongful convictions and possible wrongful convictions in the Australian court system. It provides an interesting overview of the criminal justice system's approach to DNA evidence, expert evidence, and a plethora of other matters that affect convictions in cases. It has some really good points and some interesting examination of the issues, but it does come up onto a few hitches.
I found some of the segments extraordinarily familiar to certain episodes of a well-known true-crime podcast, and I struggled with this. The covering of some of the issues was remarkably similar, and there could have been a different approach to the cases. The style was a little disjointed as well, and it seemed as though the chapters were coming from very different perspectives and there was little consistency. However, I did think that the focus on the cases was still very interesting, and there are some important points raised in here that I feel a lot of people will benefit from learning.
I found some of the segments extraordinarily familiar to certain episodes of a well-known true-crime podcast, and I struggled with this. The covering of some of the issues was remarkably similar, and there could have been a different approach to the cases. The style was a little disjointed as well, and it seemed as though the chapters were coming from very different perspectives and there was little consistency. However, I did think that the focus on the cases was still very interesting, and there are some important points raised in here that I feel a lot of people will benefit from learning.
August 19, 2020
This book focuses on six cases resulting in wrongful convictions, through several different ways. To be honest I was unfamiliar with most of them, barring the last case, which concerns a lawyer for underground criminal figures, turned police informer. For protection, she was known as ‘Lawyer X’. It’s a pretty famous case here in Melbourne, particularly because of precisely who she was representing during her time as a lawyer/informant and also the fact that she often informed on them or those they knew. Her identity has since been revealed and it’s thrown the door open for potentially dozens, if not more, of convictions to be questioned.
So whilst I was familiar with that case, the rest of them however, I was not. I found them all disturbing in equal measures but I think three of them really stood out for me. Firstly there was the case of Kelvin Condren in Queensland, who was charged with the brutal murder of his girlfriend, whose body was found in a parking lot. Despite the fact that Kelvin had been picked up by the police probably just before the time of death, and was so intoxicated he was taken to a cell to sleep it off because he could hardly walk, he was charged with the murder. It seems unlikely that someone so drunk could’ve successfully committed such a murder and then walked unaided to where he was picked up by the police, but that was the narrative they went with. Often police rely on confessions suspects give under the pressure of hours and hours of questioning. There were other inconsistencies in this case as well – a police statement is supposed to be a record of the suspect’s words, however Kelvin’s was written in a way in which it was impossible to attribute it to him, in a manner in which he did not speak. Someone else in Darwin confessed to the murder but it was routinely ignored. Another that really stood out was the one of Andrew Mallard in Perth, charged with the murder of a woman who owned a jewellery store. He was sentenced to life imprisonment but it was quashed after 12 years and he was also paid compensation for his wrongful conviction. And the third case took place in South Australia and resulted in deaths of young babies being ruled as natural causes when they were clearly not, by an inept forensic pathologist whose expert testimony also resulted in a man being convicted of murder in a case where it was very unlikely it was anything other than an accidental drowning.
No system is ever going to be perfect. And it relies on a lot of cogs in a wheel – police investigation, lawyers, forensic pathologists, expert witnesses etc. But this book gives several examples where one or more of those can let the system down in a way. Whether it be the police in Queensland not willing to look beyond Kelvin Condren, thinking they’d got the culprit early on and it was all wrapped up in a bow, despite some glaring indications that there was probably more to the story. And in the case of the South Australian pathologist, you rely on experts to give accurate information based on their investigations and procedures. If they are sloppy, lazy or plain incompetent, the effects that can have are incredible. There were three babies that presented with severe injuries that were mostly likely suffering abuse from one of their caregivers or someone close to their caregiver and all three were given a death of natural causes and that means that people fall through the cracks. And in the case that resulted in a conviction, there was a fixation on one thing that may or may not have even been there before the day of the person’s death and in fact could’ve even been post-mortem. The justice system as a whole is something that we have to place trust in to get the right result because the alternative is so unpalatable to think about. But these are just some of the examples where the system reveals its flaws and in how many ways they can be revealed and it makes it hard to maintain that faith.
This is meticulously researched and presented by someone who is clearly incredibly knowledgeable. I enjoyed the format in which it was presented – the six chapters which gave a really in depth analysis of those cases and the various ways in which things had gone wrong, been overlooked, there had been failures in the chain of custody, investigations, etc. I did occasionally find the expert inserts a bit distracting because they would be inserted in the middle of a case that I was really becoming invested in and it felt a bit jarring but they definitely helped in terms of providing a lot of information and methodology relating to specific types of forensic analysis or relevant information for what was being discussed. This is not exactly about the guilt or innocence of the people in each of the chapters, but more about how the processes overlooked key information, made assumptions or allowed biases to present an answer without a thorough investigation and how potential failures relating to key evidence or witnesses also affected the outcome of several cases.
I’m still thinking about some of these cases, long after finishing this book.
So whilst I was familiar with that case, the rest of them however, I was not. I found them all disturbing in equal measures but I think three of them really stood out for me. Firstly there was the case of Kelvin Condren in Queensland, who was charged with the brutal murder of his girlfriend, whose body was found in a parking lot. Despite the fact that Kelvin had been picked up by the police probably just before the time of death, and was so intoxicated he was taken to a cell to sleep it off because he could hardly walk, he was charged with the murder. It seems unlikely that someone so drunk could’ve successfully committed such a murder and then walked unaided to where he was picked up by the police, but that was the narrative they went with. Often police rely on confessions suspects give under the pressure of hours and hours of questioning. There were other inconsistencies in this case as well – a police statement is supposed to be a record of the suspect’s words, however Kelvin’s was written in a way in which it was impossible to attribute it to him, in a manner in which he did not speak. Someone else in Darwin confessed to the murder but it was routinely ignored. Another that really stood out was the one of Andrew Mallard in Perth, charged with the murder of a woman who owned a jewellery store. He was sentenced to life imprisonment but it was quashed after 12 years and he was also paid compensation for his wrongful conviction. And the third case took place in South Australia and resulted in deaths of young babies being ruled as natural causes when they were clearly not, by an inept forensic pathologist whose expert testimony also resulted in a man being convicted of murder in a case where it was very unlikely it was anything other than an accidental drowning.
No system is ever going to be perfect. And it relies on a lot of cogs in a wheel – police investigation, lawyers, forensic pathologists, expert witnesses etc. But this book gives several examples where one or more of those can let the system down in a way. Whether it be the police in Queensland not willing to look beyond Kelvin Condren, thinking they’d got the culprit early on and it was all wrapped up in a bow, despite some glaring indications that there was probably more to the story. And in the case of the South Australian pathologist, you rely on experts to give accurate information based on their investigations and procedures. If they are sloppy, lazy or plain incompetent, the effects that can have are incredible. There were three babies that presented with severe injuries that were mostly likely suffering abuse from one of their caregivers or someone close to their caregiver and all three were given a death of natural causes and that means that people fall through the cracks. And in the case that resulted in a conviction, there was a fixation on one thing that may or may not have even been there before the day of the person’s death and in fact could’ve even been post-mortem. The justice system as a whole is something that we have to place trust in to get the right result because the alternative is so unpalatable to think about. But these are just some of the examples where the system reveals its flaws and in how many ways they can be revealed and it makes it hard to maintain that faith.
This is meticulously researched and presented by someone who is clearly incredibly knowledgeable. I enjoyed the format in which it was presented – the six chapters which gave a really in depth analysis of those cases and the various ways in which things had gone wrong, been overlooked, there had been failures in the chain of custody, investigations, etc. I did occasionally find the expert inserts a bit distracting because they would be inserted in the middle of a case that I was really becoming invested in and it felt a bit jarring but they definitely helped in terms of providing a lot of information and methodology relating to specific types of forensic analysis or relevant information for what was being discussed. This is not exactly about the guilt or innocence of the people in each of the chapters, but more about how the processes overlooked key information, made assumptions or allowed biases to present an answer without a thorough investigation and how potential failures relating to key evidence or witnesses also affected the outcome of several cases.
I’m still thinking about some of these cases, long after finishing this book.
July 28, 2020
Happy pub day to Reasonable Doubt by Xanthé Mallett!
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Synopsis:
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We all put our faith in the criminal justice system. We trust the professionals; the police, the lawyers, the judges, the expert witnesses. But what happens when the process lets us down and the wrong person ends up in jail?
Henry Keogh spent almost twenty years locked away for a murder that never even happened. Khalid Baker was imprisoned for the death of a man his best friend has openly admitted to causing. And the exposure of 'Lawyer X,’ Nicola Gobbo's double-dealing could lead to some of Australia's most notorious convictions being overturned.
Exposing false confessions, police biases, misplaced evidence and dodgy science, Reasonable Doubt is an expert's account of the murky underbelly of our justice system - and the way it affects us all.
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Review:
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This book showcases 6 criminal cases (1 that is still currently ongoing) where the system has failed for one reason or another, whether it be tampered evidence or witnesses and suspects being coerced into giving false statements and racial bias resulting in innocent people being sent to jail.
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I found this book really interesting and I liked that the author broke down the professional lingo into more laymen’s terms for the reader.
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I’d recommend this one for fans of true crime! Thank you so much Macmillan Australia for sending me a copy in exchange for an honest review.
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Synopsis:
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We all put our faith in the criminal justice system. We trust the professionals; the police, the lawyers, the judges, the expert witnesses. But what happens when the process lets us down and the wrong person ends up in jail?
Henry Keogh spent almost twenty years locked away for a murder that never even happened. Khalid Baker was imprisoned for the death of a man his best friend has openly admitted to causing. And the exposure of 'Lawyer X,’ Nicola Gobbo's double-dealing could lead to some of Australia's most notorious convictions being overturned.
Exposing false confessions, police biases, misplaced evidence and dodgy science, Reasonable Doubt is an expert's account of the murky underbelly of our justice system - and the way it affects us all.
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Review:
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This book showcases 6 criminal cases (1 that is still currently ongoing) where the system has failed for one reason or another, whether it be tampered evidence or witnesses and suspects being coerced into giving false statements and racial bias resulting in innocent people being sent to jail.
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I found this book really interesting and I liked that the author broke down the professional lingo into more laymen’s terms for the reader.
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I’d recommend this one for fans of true crime! Thank you so much Macmillan Australia for sending me a copy in exchange for an honest review.
abandoned
December 5, 2020This book was written in a very clinical style. I’m sure the author is an expert in her profession and genuinely cares about wrongful conviction, but I need something a bit more absorbing.
August 12, 2020
“We all put our faith in the criminal justice system. We trust the professionals: the police, the lawyers, the judges, the expert witnesses. But what happens when the process lets us down and the wrong person ends up in jail? … Exposing false confessions, polices biases, misplaced evidence and dodgy science, Reasonable Doubt is an expert’s account of the murky underbelly of our justice system – and the way it affects us all.”
This book was both interesting and problematic. I wasn’t really sure what to do with the information I learnt beyond that forensic science is really cool! once again, I loved the blood splatter analysis. It reminded me fondly of a blood spatter book I read over 5 years ago.
However, the take homes from these stories are that some of the time (or even most of the time!) DNA or other forensic evidence can be interpretted incorrectly or even damaged during analysis. Something that may seem to put someone safely in jail with irrevoccable guilt, can possibly implicate them when they aren’t actually guilty.
Many of these cases come about where people ignored the evidence at hand. Or, they actually got a confession from someone for doing the murder, but then ignore that to put the person they ‘suspect’ in jail. You’d hope that these days people would be trained better to see how these biases arise, but half the time the expert seems to not be the expert. It’s thought-provoking, but also frustrating.
The acknowledgements bring up some questions about the lawyer cracked up on cocaine being the author’s friend! I read both of Tim Winton-Munro‘s non-fiction works, and while I thougth the first was good, the second was average. Is it just the time when people of that age start writing non-fiction about their lives? What determines who gets a publishing contract. But I digress…
Something cool that I did learn was that people are really bad at recognising people of other ethnic backgrounds. This could otherwise be known as “White people are unconcious assholes”. If you have a witness to a crime and give them a picture of other witnesses they will randomly select someone who looks familiar – regardless of whether they were another bystander or actually the suspect.
There’s lots of dodgy stories where people in positions of authority do idiotic things. I could say everyone should read this book to know what NOT to do if they are ever suspected of homicide. This book needs a tl:dr, since smart people might read the whole thing but it’s not necessarily the smart people that are the problem.
The takeaways I got was that even if you know you are innocent don’t tell them anything! Police will absolutely lie to your face if it gets them the outcome they want. I’m not sure that’s a good thing. Let’s just hope that I never end up on the scene of a crime – but then as a Caucasian, blonde hair, blue-eyed slimly built female, I’m probably not going to be a suspect.
Did you enjoy this goodreads review? If so you may find it useful to visit my blog The Cosy Dragon . I regularly post new reviews on a variety of genres.
This book was both interesting and problematic. I wasn’t really sure what to do with the information I learnt beyond that forensic science is really cool! once again, I loved the blood splatter analysis. It reminded me fondly of a blood spatter book I read over 5 years ago.
However, the take homes from these stories are that some of the time (or even most of the time!) DNA or other forensic evidence can be interpretted incorrectly or even damaged during analysis. Something that may seem to put someone safely in jail with irrevoccable guilt, can possibly implicate them when they aren’t actually guilty.
Many of these cases come about where people ignored the evidence at hand. Or, they actually got a confession from someone for doing the murder, but then ignore that to put the person they ‘suspect’ in jail. You’d hope that these days people would be trained better to see how these biases arise, but half the time the expert seems to not be the expert. It’s thought-provoking, but also frustrating.
The acknowledgements bring up some questions about the lawyer cracked up on cocaine being the author’s friend! I read both of Tim Winton-Munro‘s non-fiction works, and while I thougth the first was good, the second was average. Is it just the time when people of that age start writing non-fiction about their lives? What determines who gets a publishing contract. But I digress…
Something cool that I did learn was that people are really bad at recognising people of other ethnic backgrounds. This could otherwise be known as “White people are unconcious assholes”. If you have a witness to a crime and give them a picture of other witnesses they will randomly select someone who looks familiar – regardless of whether they were another bystander or actually the suspect.
There’s lots of dodgy stories where people in positions of authority do idiotic things. I could say everyone should read this book to know what NOT to do if they are ever suspected of homicide. This book needs a tl:dr, since smart people might read the whole thing but it’s not necessarily the smart people that are the problem.
The takeaways I got was that even if you know you are innocent don’t tell them anything! Police will absolutely lie to your face if it gets them the outcome they want. I’m not sure that’s a good thing. Let’s just hope that I never end up on the scene of a crime – but then as a Caucasian, blonde hair, blue-eyed slimly built female, I’m probably not going to be a suspect.
Did you enjoy this goodreads review? If so you may find it useful to visit my blog The Cosy Dragon . I regularly post new reviews on a variety of genres.
January 22, 2021
Summary
Author, criminologist and TV presenter, Dr Xanthé Mallett, has once again tapped into the rich vein of Australian true crime to provide disturbing examples of innocent people sent to jail. Despite compelling evidence of the wrongs, the overturning of a conviction often takes decades and longer again for any compensation.
All of the cases have received media coverage and may be familiar to many readers. But the media are constrained by newsworthiness, brevity and legal constraints, making it difficult for us to follow the twists and turns that occur over long periods. Dr Mallett’s summaries provide a coherent picture, with plenty of detail about people, places and process.
Read the full review at:
http://www.queenslandreviewerscollect...
Author, criminologist and TV presenter, Dr Xanthé Mallett, has once again tapped into the rich vein of Australian true crime to provide disturbing examples of innocent people sent to jail. Despite compelling evidence of the wrongs, the overturning of a conviction often takes decades and longer again for any compensation.
All of the cases have received media coverage and may be familiar to many readers. But the media are constrained by newsworthiness, brevity and legal constraints, making it difficult for us to follow the twists and turns that occur over long periods. Dr Mallett’s summaries provide a coherent picture, with plenty of detail about people, places and process.
Read the full review at:
http://www.queenslandreviewerscollect...
September 6, 2020
I was so excited when I found out that Dr Xanthe Mallett had brought out her third book this year! I read Cold Case Investigations last year and loved how informative it was. This book was the same. I was intrigued right from the beginning with each chapter being seperated into a different case. The book also included expert excerpts in each chapter about subjects like DNA profiling. I was concerned that I would be able to follow a lot of the cases as it read with a lot of courtroom jargon, but it was easy to follow and really interesting. Even though I enjoyed Cold Case Investigations more, this book was fantastic and I highly recommend it for a non fiction read!
August 12, 2024
I'd hoped for something more attuned to Xanthe Mallett's forensic work. To a great extent this book could have been written by any competent journalist. t is put together well with its expert inserts but could have been improved by explanation of the reasoning behind the refusal of appeals.
December 28, 2024
the “true crime” that is the australian justice system. this book truly moved me in so many ways. it is written so well and tells stories that need to be heard. corrupt cops, false confessions, ignored witnesses & violent murder — this book has got it all.
August 27, 2020
These things are unthinkable but very real and valuable to know for life experiences
September 3, 2020
A good read. It started slowly, but after the lengthy introduction I found it very interesting. Xanthe writes as she speaks, and she speaks well.
January 28, 2021
Really interesting and opened my eyes to how common and terrifying miscarriages of justice are. Backed up with heaps of information and facts
December 7, 2023
Interesting topic, awfully written. The author appears to have been born yesterday
Displaying 1 - 28 of 28 reviews