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High Court overturns Mallard murder convictio -

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(generated from captions) predictions you're not the one who's going to have to see them out.

Finance editor Emma Alberici with that report. Now to a major development in a story we first brought you two years ago. The High Court today overturned an 11-year-old murder conviction sending the case of West Australian Andrew Mallard back for retrial. The court found that significant evidence had been withheld from the jury in 1994 and criticised both the prosecution and the WA Supreme Court of Appeal. It's the latest in a series of controversial cases in the west which have been overturned. Mick O'Donnell reports.

In 1994 Mallard, a young Perth man

with a history of psychiatric

problems was convicted of the

problems was convicted of the murder of Pamela Lawrence in Perth. She

of Pamela Lawrence in Perth. She had been struck repeatedly in the head

but the murder weapon was never

found. 5pm on 2 3rd May in Mosman

Park, did you kill Pamela Lawrence?

No. Andrew Mallard has maintained

its innocence twice sub mitting to

lie detector tests. This one was

arranged by Perth newspaper

journalist Colleen Egan. He passed

with flying colours. There was a

second test done under a court

-colled environment and he passed

that one as well. Colleen Egan has

been victiming the case for seven

years, help

years, helping uncover new evidence.

We believe the case against him,

We believe the case against him, now everything is in front of us, shows

that it is not possible for him to

have exited that crime, just on

usual bone fide evidence, not a lie

detector test. While the WA Supreme

Court did consider the poll graph

evidence, it rejected the appeal.

But today the High Court finally

provided relief to Mallard and his

family. It's been an emotional

rollercoaster for so long over many

years and I'm glad it's ended.

The High Court overturned all of

The High Court overturned all of the previous judgements against him.

And they all came to see there had

been an injustice and this was

been an injustice and this was wrong and something had to be done.

Jackie Mallard video taped this

first poll graph session in a Perth

jail. I really am telling the truth.

What people do believe. The High

Court today found that the original

prosecution had withheld

prosecution had withheld significant evidence from the jury, such as a

police scientist's doubts over the

murder weapon. What we do know is

that the jury never knew it and the

judge never knew it and certainly

the defendant never knew it. The

High Court was highly critical of several police interviews with

Andrew Mallard. One was convibed

over eight hours in a psychiatric

hospital. Another after Mallard had

been bashed by another man outside

been bashed by another man outside a nightclub and had had little slope.

Despite the fact that those

interviews took place in an office

with video recording equipment was

never explained why "record" was

never pressed on that. Andrew

Mallard alleges detectives set him

up by getting him to draw a

hypothetical sketch of the murder

scene. Why did you draw a plan of

the shop? Because that's what the

detectives told me to do. One put a

pistol in my face in the car and

another -- Is that right? Yes, I

can describe the pistol. A third

police interview was videoed but in

it Mallard talked about the

it Mallard talked about the murderer in the third person. They claimed

this was a confession. It's a

bizarre video where he says he

bizarre video where he says he wants to clear his name and talks about

his theory, conjection, of what he

thinks the killer might have done,

thinking he's being helpful but

really he was a man who was very

vulnerable mentally and

unfortunately I think that was

unfortunately I think that was taken advantage of. Did you at any stage

confess to the police that you

killed Pamela Lawrence? No. The

killed Pamela Lawrence? No. The High Court has sent the case back for

retrial but says the director of

public prosecutions may choose to

drop it given there are new laws of

evidence. Unless there are special

circumstances, exceptional

circumstances, unrecorded interview

also not be admitted as proof of

confessions. But the DPP Robert

confessions. But the DPP Robert Cock refused to rule out a retrial.

I haven't decided yet whether there

won't be a retrial or not, but at

the moment obviously I'd need to

speak to the witnesses who are

available to see whether they still

recollect matters spoken of at the

original trial. I'd then need to

consider public interest

considerations, the principal ones

being the amount of time this man

has spent in custody, the views of

the victims' family, the views of

the police and other factors, like

the lengthy of time since the

offence occurred. West Australian

police declined to comment on the

case. Andrew Mallard remains in

prison, pending a bail application

likely next week. We feel a sense

likely next week. We feel a sense of justification and vindication.

We told him at the end of the High

Court appeal, the prospects were

good so it wasn't a shock, but he

certainly was very pleased.