Homicide Investigative - Robert Farquharson - Report Example

Homicide Investigative Review: Robert Farquharson’s Case Name Institution Homicide Investigative Review: Robert Farquharson’s Case Elements of Investigation The investigation commenced with the designation of the investigator to undertaken a fact-finding investigation through focusing on the evidence from the formal complaints and responses of the accused and having interviews with relevant parties. Determination of the identity and contact information of the person alleged to have committed the crime and established some of the policies alleged to have been violated (Tyson, n.d.). Considering the delicacy of the case, the court ordered for the medical information of the accused to determine his mental status. The investigator presented of the evidence from medical report to establish the mental status of the accused and validation of whether Farquharson blacked out while coughing as initially cited. The report had probative value to the case, hence could be use to establish the existence and non-existence of facts (Tyson, n.d.). The trial judge ordered for the validation of the findings and computer simulation of the accident despite the accused challenging such step as irrelevant to the case and contained assumptions considered prejudicial. Interrogation of the accused was another step. Through the investigation, committal hearing, and trial, the accused denied strongly to have deliberately murdered the three children by driving the car into the dam while the children are trapped in. As a result, Robert Farquharson undertook a lie detector test to counter the murder charges. The police also interrogated the close family members. In the public declaration, Cindy Gambino, the estranged wife of the victim supported Robert Farquharson citing that he was no killer but a loving and a doting father (Craven, 2014). When the jury announced that the accused was guilty of the murder charges, Cindy screamed before collapsing revealing the little investigation carried out. Major flaws in the investigation The police failed to take the testimony of the closest person the victim had into consideration, Cindy, which led to establishment of the wrong decision. Moreover, in a murder case, it is not only vital to focus on the findings from investigating the accused, close relatives, and findings from the scene audit, but also focus on the views of the local communities (Sennewald & Tsukayama, 2015). After the verdict, various members of the family and Winchelsea community members felt devastated with the judge on the case. Some of the support accorded to the accused came from the practitioners within the legal profession, which the jury failed to consider while arriving at the decision. By lodging an appeal against the conviction and sentencing of the accused, the defence team revealed that the verdict of the jury was both unsafe and unsatisfactory. The appeal revealed a number of concerns regarding the validity and reliability of the evidence used for the prosecution that supported the guilt findings (Tyson, n.d.). Even though there are substantial piece of evidence that contributed to the circumstantial case against the accused such as testimonies of the witnesses, evidence from the experts’ opinion, and the visual and audio evidence, some of the images used in the trial by the prosecution in establishing the legal requirements in providing of guilt has been redeployed in the internet for campaign and appeal for the innocence of the accused. The crime laboratory failed to document on routinely basis the handling of the evidence; as a result, some evidence was missing. During the trial, there was agreement on the evidence required from the prosecution. Nonetheless, the prosecution presented recorded evidence, which the source could not be explained. The police failed to clearly and accurately maintain the record of the evidence source and everything that happens to the evidence at each stage of the discovery (Craven, 2014). Moreover, Sergeant Geoffrey Wayne Exton testified for the prosecution on the markings made with the yellow paint in showing the tyre marks observed on the aggregate surface of the highway, which indicated the point, which the Farquharson’s vehicle left the highway. However, through additional observation of the grass between the dam and the highway, there were no marks indicating disturbance on the grass due to locking up and skidding of the car reflecting there no evidence of breaking (Tyson, n.d.). Moreover, investigators made the photographs taken of the “yellow marks” under less than the optimal conditions considering that it was dark and the only lighting system within the area was that provided by the State Emergency Services and the torch that the investigating officer was using. Overcoming the Flaws To prevent documentation problems within the crime laboratories, it is important to take detailed notes on documentation of all the forensic works. To the societies to operate effectively, it is vital to recognize the disputes often arise though there is need for immediate address. In the case, the jury should have looked into the testimony and support of the wife. Moreover, even the community and legal practitioners faulted the decision of the jury which means that the investigative failed consider their views in the decision (Craven, 2014). The investigation was carried out based on the evidence from the trails of the car off the highway with inappropriate lighting system. In the investigations that require lighting systems, there is need to use appropriate and effective source of light. Besides, the accused might commit the crime and punishment levied appropriately; however, there is need for a formal means of arriving at the decision. An effective legal system requires entitlement to the fair and unbiased hearing system. Within the society, fairness and justice are important concepts. An effective legal system needs to provide structures and procedures facilitating a fair hearing process that is free from biasness. It is important to avoid discrimination of the people against while in courts and offered equal opportunity to present their case, which Robert Farquharson was denied. The decisions of the jury need to be based on the evidence and procedure, the jury and adversary system; however, in the Robert Farquharson’s case, the jury failed to consider the evidence and procedure used in establishing the evidence. In a normal judicial system, the judge and the jury should be impartial through listening to either party (Beazer Humphreys & Filippin, n.d.). In the case, the jury should have considered the evidence from wife, community, close family members, and new findings from the scene of the accident that revealed inadequate light system to find the evidence instead of focussing much on the evidence presented by the prosecution. To prevent biasness and irregularly in decisions within the judicial systems, it is important that people know their rights. There are agencies offering assistance to accessing effective judicial process besides the Victoria Legal Aid. Therefore, with the general understanding of the legal rights, it might be easy to achieve the desired effectiveness. Timely resolution of the disputes is also important to consider. It is vital to note that the criminal cases need adequate resolution in a timely and fashionable manner with an aim of reducing the cost and distress associated with not knowing the outcome of the case. Besides, a justice delayed is a justice denied (Craven, 2014). On the other hand, it is to allocate sufficient time to enable both the prosecutor and defence to prepare for all the evidence for consideration. Despite the need to resolve the cases on time, delays often occur in resolution of the cases, which remains the biggest problem in most legal systems (Dandurand, 2009). The delays could be due to the processes and procedures involved in the legal system: pre-trial, trial, and post trial. Influence of the media Farquharson’s defence counsel raised an issue on using the forensic photographs by the prosecution. As a result, there were internet campaigns and appeals to release Farquharson considering that the used photographs showed several yellow marks. When the media first heard of the news, they communicated it as a “tragic accident” that led to the death of the three brothers after “futile” efforts to save each other (Tyson, n.d.). The media changed such stand with truth regarding the accident continuing to unveil leading to change of course in the case. The jury and the judge made their judgement based on the media’s representation of the case which Farquharson as vengeful father. The media also depicted and narrated Farquharson as failure in parenting, loss to the community, tragedy, and inexplicable failure of saving the lives of the children while drowning. These are some of the evidence used by the prosecution and the jury to determine the fate of Farquharson; however, Cindy’s testimony and statements are complete opposite of the media reports. In the aftermath of the trial, various supporters of Farquharson used various Facebook in uploading some of the intimate family snapshots in a bid to push for his freedom, which presents him as happy, and a family man (Tyson, n.d.). An anonymous supporter established a pro- Farquharson website, which advocates for his innocence for the crime levied against him and displaying to the public beyond the reasonable doubt that he was charged and convicted wrongful as the truth begins to emerge. References Beazer, M., Humphreys, M., & Filippin, L. (n.d.). the adversary system. Retrieved October 22, 2016, from http://www.oup.com.au/titles/secondary/businesscommercelegal/legal_studies/victoria/9780195571028/Ch7.pdf Craven, P. (2014, August 23). Robert Farquharson murder case takes Helen Garner into the abyss. Retrieved October 22, 2016, from www.theaustralian.com.au/arts/review/robert-farquharson-murder-case-takes-helen-garner-into-the-abyss/news-story/0e9af664ab31bb6f9efd401b2b5f84d1 Dandurand, Y. (2009, June). Addressing Inefficiencies in the Criminal Justice Process. Retrieved October 22, 2016, from http://icclr.law.ubc.ca/sites/icclr.law.ubc.ca/files/publications/pdfs/InefficienciesPreliminaryReport.pdf Sennewald, C. A., & Tsukayama, J. K. (2015). The Investigative Process. The Process of Investigation, 4(2), 3-8. Tyson, D. (n.d.). Questions of Guilt and Innocence in the Victorian Criminal Trial of Robert Farquharson and the Fact Before Theory Internet Campaign. Retrieved October 22, 2016, from http://www.austlii.edu.au/au/journals/CICrimJust/2009/25.pdf Read More