In this project, we learnt but the principles of justice and how they are upheld in the Australian legal system such as everyone is equal before the law, right it an appeal independent and unbiased jury. i studied the Rayney case and analized how/if these princables where unheld is his case.The principle of justice are important in the Australian legal system as they insure that people get a fair and impartial trail or hearing.One of the ways they do this is will the jury. Although is some cases thye cant have a jury as couldn’t be to influenced by the media to be unbiased or impartial If people are not treated fairly or did get an equal opportunity to present there case then they had the right to an appeal.
There are several principles of justice. The make sure that everyone is equal before the law. This means that no matter your gender, income, or ethnic background, you should be / would be treated all equally then dealing with the justice system you are innocent until proven guilty. In the Rayney case, two important principles were compromised, the presumption of innocence and high quality evidence, while the right to an independent and unbiased judiciary was upheld.
In the Australian legal system, everyone should be presumed not guilty until reliable and relevant evidence is given to prove them. If the police for a forensic Sample you have the right to say no/ refuse to give them the sample. This principle of justice was not helped in the Rayney case as he was named the Prime and only suspect almost straight way despite him having an alibi for the time of the murder. There was also evidence showing two other guys named Iven Eevre and Allon Laco could be linked to the death of Corryn Rayney. These men were living with each at the time and disappeared after the death / murder. These two suspects were not looked into before and lived only 3 street way for the Rayney house hold. Both these guys had previous records with Allon Laco being named WA worst and most aressive Sex offender. There were also eye witness accounts to say that they were with Corryn Rayney on the night she died, and in Kings Park. This shows that Rayney was not fairly treated because he was not presumed innocent.
The second principle to be compromised was the need for high quality evidence. The main reason Raney was named the prime suspect was that the evidence that they had at that time led them to believe that the murder happen at the house then the body was taken to Kings park and buried as Rayney was the owner of the house, these gave some evidence that he could have been the killer. although this evidence was not very reliable as they only believed that Corryen Rayney was killed there but there was no evidence proving that she was . If Rayney had killed Carryen we have had to drag her body to the grave which would have left drag to make and damage to the body there was no damage or bruising on the body nor drag make at the grave site aswell Rayney would not have been able to carry the body and place it in the grave as he had a back problem. the prime evidence of Rayney was 3 golf-sized seed pods assumed to be from Rayney’s garden where found In Carryen Rayney’s hair which were suspiciously not found in the first autopsy but only the next day then 3 months later another seed pod was found in the body bag. Forensics were shocked and extremely surprised that they had missed this. later this was found false and the pods came from King’s park where. the police where then suspected to had planted the pods to make Rayney look more guilty.this shows that Rayney was not fairly treated because he was not
An Independent and unbiased judiciary means that the courts are separate from the elected parliament and police. This is an important feature as is mean no one not even the government is above the law and the only influence on the judge and jury is the evidence. Having an impartial judge sitting over a court case help to make sure all trials are fair and unbiased, for e.g. A judge makes sure that all parties are treated consistently and have a equal chance to present their case. This principle of justice was upheld as Rainey was able to have a judge only case in which the judge was brought in from out of state. This meant that the media attention given to the case in the year leading up to the trial did impact the our come of the judges decision which made it an unbiased case the foe the principle was upheld
To summerise this case Rayney is was name the prime and only suspect in a murder case where his wife was the victim. However the evidence that made Rayney the prime and only suspect was not reliable and as many probably for example they say that one of the main reason for him to be the prime suspect was because they believe that she was killed at the home of the couple which Rayney was the owner of even though there was no evidence found saying she was killed there and it was later found that she was alive when she got to Kings Park. The other main piece of evidence was 3 golfball-sized seed pods which the forensic team some how missed the firt time they look at the body. There was also some email from Corryn Rayney to Lloyd Rayney about how she wanted him to move out and how the marriage was falling apart. After year of looking for the murderer, Rayney was arrested and trial with no jury and a judge from out of state to make the trail fair/equal. He ws found innocent. Later, evidence and eye whitness statement where found including evidence that she may have been sexual assaulted as well as there may have been two killers and that both killer would have had to be taller then Rayney
If you would like to to know more about the case: https://www.abc.net.au/news/2017-12-15/lloyd-rayney-defamation-verdict-handed-down/9259958