Tuesday, December 13, 2005



SENILE JUDGE KEEPS INNOCENT MAN IN JAIL FOR 21 MONTHS

The following account appeared in "The Australian" newspaper of December 10th. (Excerpts):

Bradley James Mawdesley has been acquitted of murder after four trials and spending 21 months behind bars. His first two trials were aborted after the then West Australian Chief Justice David Malcolm made a string of errors and a witness blurted out prejudicial information to the jury.

The third trial was abandoned after the jury was deadlocked and unable to reach a verdict. But a jury took just over five hours to reach a not guilty verdict late on Thursday, acquitting Mr Mawdesley of the murder of 34-year old father of two.

The Weekend Australian has previously been denied access to the transcript of the second trial, which Justice Malcolm aborted. The Supreme Court refused to release the transcript before the outcome of the retrial. During the trial before Justice Malcolm, defence counsel Richard Utting submitted that the jury should be discharged, saying the trial had "run off the rails".

Last July, the Court of Appeal quashed a manslaughter conviction after finding Justice Malcolm had misdirected a jury. After months of speculation about his health, the Chief Justice last month announced his retirement from the bench...

Mr Mawdesley was accused of killing Dunstan by running him down with a car in March last year and has been held in custody ever since. Mr Utting said the 28-year-old had spent more than 21 months in prison and was relieved to finally have a verdict. "He is obviously very, very relieved it's over," Mr Utting said. "He has spent a long time in custody for offences that the jury has now found him not guilty of. "But notwithstanding the jury verdict that this was a tragic accident, he will carry the burden of what has happened for the rest of his life."...

The prosecution alleged Mr Mawdesley used his car as a murder weapon to kill Dunstan, who was catapulted 15m into the air after being struck by the vehicle.


Update

An account of the above matter has just appeared online here. Excerpt:

"Bradley James Mawdesley walked free from jail yesterday after four murder trials and 21 months behind bars and with almost $10,000 in fines to pay. Mr Mawdesley was found not guilty last week of murdering 34-year-old father-of-two Dale Dunstan by running him down with his car in a Perth suburb in March last year.

But the 28-year-old has admitted that at the time of the accident he was driving while his licence was suspended - his third such conviction - and has built up more than $9000 in unpaid fines.

Mr Mawdesley, who was whisked away from Perth's maximum security Hakea prison yesterday, had his first trial aborted in May after a witness blurted out prejudicial information to the jury.

His second trial began the next day but was aborted after West Australian Chief Justice David Malcolm, who has since retired after months of speculation about his health, made a string of errors in his summing up to the jury, prompting defence counsel Richard Utting to submit that the trial had "run off the rails"."


(And don't forget your ration of Wicked Thoughts for today)

10 comments:

Anonymous said...

Seven years ago today that dog killed my bro, he ruined our lives forever. I will meet him with all my hatred one day ,a coward with no guts a man without balls a person on drugs with no liscence. So much to say but i dont want to because i may go to jail maybe for longer than someone that used his car as a weapon .i want to meet you brad with dales son to show u how we feel,u game bitch..troy dunstan

Anonymous said...

never will the lives of dales family ever be the same. a dog got aquitted for taking an innocent mans life. a great man that you never even knew. you will have to meet your maker one day dogs-ly. Keep looking over your shoulder because no matter where you hide you tail will stick out and give you away. Rest in peace DALE DUNSTAN. You my friend are a fucking ledgend xxxx

Anonymous said...

i know where he is

Anonymous said...

Every dog has its day.....yours will come Bradley. You took a piece of our lives that day not only Dales life. May you rot in hell you piece of shit, no words can express the hatred we feel for you. RIP Dale forever in our hearts

Anonymous said...

Leave a name so I can contact you via facebook. I know where he is.
I hate that piece of shit its time he gets what he deserves.

Anonymous said...

Hello? Obviously none of you meant what you have said on this page. I KNOW WHERE HE IS. If you truly want that bastard to pay for what he did then you will tell me how to find you. I want to remain anonymous at this point for obvious reasons. For gods sake dont allow him to keep getting away with everything, its not right.

Anonymous said...

Your day will come fuckhead and you will regret everything that you did , we will catch up with you sooner or later you low life scum I have so much hatred for you I hope someone makes you suffer for the rest of your life like we have to suffer without dale.
#keep your friends close and your enemies closer. Tik toc .....

Anonymous said...

I'd like to know who pursued who and what he was doing getting involved if anyone is too blame talk to Lisa dab rue the instagater

Anonymous said...

MAWDESELEY is a compulsive, pathological liar, he has admitted to close friends he DID mean to hit him intentionally. The only good that came from this case was the dismissal of an unfit judge, but someone as good as Richard Utting... you can't beat him :( MAWDESLEY is the lowest form of life

Jodie said...

Very sad day, Do you remember Hazen(Hayden) Middlemiss,and his sisters (Mutch) from 49 oats st, he's my older brother and was one of Dales best mates in their teens. My brother to passed away 2 yrs ago from ALS and kidney failure...... Sorry for your loss