Lloyd Rayney

In this project, we learnt about the principles of justice that uphold Australia’s legal system, such as the presumption of innocence, an impartial judiciary, and the right to legal representation. I studied the case of Lloyd Rayney, and analysed how these principles were both upheld and violated in this case. After writing an essay on the topic, we were required to incorporate feedback and edit the essay so that it was fit for online publication. This essay is the end result of that editing process. It demonstrates my ability to take feedback, and to refine a piece of written work to produce a professional result.”

The principles of justices are rules and regulations that are put in place in court and in trials. These principles are put in place to make sure that no one is above the law and its equal and fair as possible. The principles I will be explaining today are, all equal before the law, right to a fair hearing, the judiciary are independent and impartial and the right to an appeal. These principles were mainly compromised in this case and I will explain further as to why they were.  I chose the Lloyd Rayney case. He was accused of murder of his wife. The case follows his wife Corryn and her disappearance and murder. Corryn went missing on the 7th of august 2007 after her boot scooting class in the Bentley suburbs in Perth. She was reported missing and just over a week after her disappearance, her body was found in a shallow grave in Perth’s king’s park. Lloyd was automatically named the prime and only suspect in a judge only case. But he was found not guilty of the crime after a 3-year long trial.

Lloyd Rayney struck off as a lawyer more than a decade after wife Corryn  Rayney's unsolved murder - ABC News (Australian Broadcasting Corporation)
Lloyd and his wife Corryn

EQUAL BEFORE THE LAW

The principle of equality before the law was mainly compromised. From the start, the police had it out for Lloyd. Whether it was because of his ethnic background and race was involved or because of his high-ranking job was unclear, but this could have played a part in the case. Only 48 hours after the discovery of Corryn Rayney body, he was named the prime and only suspect. The police interviewed people, but that was as far as they were willing to go. The people that the police interviewed, had a history of crime and had been in and out of jail on many accounts of rape and sexual assault charges, and they were seen in the area of where the Rayney lived the night Corryn went missing. But police ignored this evidence and as they were certain that it was Lloyd. This principle was definitely compromised and was not really upheld. The extent the police went to and how they had it out for Rayney, was not equal before the law. This would’ve been very hard to avoid because it was nothing that could be change unless you wanted to change all of the policemen and police force. This principle is important because it ensures that everyone, no matter who you are, are treated the same and there are no factors that hinder your trial. No matter you race, sex, age, history, or background.

THE RIGHT TO A FAIR TRIAL

The principle of the right to a fair trial was upheld but yet again was also party compromised. Lloyd was a very well know lawyer and was very high up in his job. He knew all of the judges in Perth and to some extent knew them personally. If Lloyd were to have a judge from Perth, it would have been a biased opinion as he had a personal connection to them. So, to make sure that the principle was upheld, they had a judge fly I from the Northern Territory, to makes sure there wasn’t a biased opinion, therefore making the trial fair. Also because of the media coverage of the case, it would have been near impossible to find a jury who was unbiased and had no prior knowledge of the case. So, they made it a judge only trial. This case was compromised because, as I said media did play a big role in this case. There wasn’t a person in Perth who hadn’t hear about this case. The media had painted Lloyd as the villain and had plastered him all of the news as the killer. This majorly effect the trial and even Lloyds everyday life. This principle  is put in places to make sure that the trial was as fair and unbiased as possible. Also, to prevent things like a false and biased opinion in the media, like what happened in Lloyd’s case. We could have avoided this by avoiding media coverage and not releasing information to the press and social media companies who plastered this case everywhere.

THE JUDICARY IS INDEPDENT AND IMPARTIAL

The principle of the judiciary is independent and impartial was both compromised and upheld. It was compromised because in the trial the defense held back evidence and also planted fake evidence to try proving Lloyd guilty. The defense also had paid the corners office who did the examination of Corryn body, to plant seed pods from the Rayney front yard in Corryn hair. Although they had done this after the first initial exam of her body, the examiner  claimed that he must have missed it the first time. Although this principle was compromised, it was also partially upheld as well, because most of the people in the court room were unbiased, (besides the defense). They had a judge from NT come in because he knew all the judges in WA, and it was also a judge only trial because of the media coverage. This could’ve been avoided through making sure that all evidence is 100% real and not taking evidence that is being re handed in. it also could’ve been avoided by making sure that the examiner of the body is also unbiased and will not take bribes as this hindered the case. This principle is important because it makes sure that everyone in the judiciary is unbiased and that the trial is as fair as possible. It ensures that the outcome of the trials is the truth, and they aren’t putting an innocent man behind bars for no reason.

THE RIGHT TO APPEAL

The principle of the right to appeal was upheld in this case. Although Lloyd himself was found not guilty and didn’t need to appeal, the defense did, they believed so strongly that Lloyd was guilty that they felt they needed to take another look at the case. But the appeal was denied. The judge saw no need for a retrial and for him to take another look at the case, that he denied the appeal. This principle helps to ensure that even if you get sentences and your found guilty, you still have an option to retrial if you believe that you are 100% innocent, or the prosecution thinks you 100% guilty

In conclusion, the principles of justice in this case were mainly compromised bit partly upheld as well, the principles did give Lloyd a fair case, but they did also fail in some areas to make sure that he was getting the fairest trial possible. The media did affect this case a lot and so did some of the investigators, with their high-power positions and high authority. But I think that this case did bring some justice to Lloyd but Corryn murderer may still be out there.

by Scarlett McVeigh