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David Eastman Seeks $18 Million in Compensation After Wrongful Murder Conviction’

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David Eastman Seeks $18 Million in Compensation After Wrongful Murder Conviction’ Networked Knowledge Media Reports Networked Knowledge David Eastman Homepage This page set up by Dr Robert N Moles [Underlining, where it occurs, is for NetK editorial emphasis] On 4 October 2019 Elizabeth Byrne of the ABC reported ‘David Eastman seeks $18 million in compensation after wrongful murder conviction’ David Eastman describes 'beautiful' first meal at McDonald's after 19 years' wrongful imprisonment Man who served 19 years in jail for top cop's murder found not guilty in retrial David Eastman, who was acquitted last year of the 1989 murder of one of Australia's top police officers, is asking for almost $1 million for each of the 19 years he was in jail. Key points: David Eastman's lengthy legal battles have already cost the ACT more than $30 million. The ACT Government offered Mr Eastman an act of grace payment in return for waiving his compensation rights, but he refused. His lawyers say prison staff had taunted him and fellow inmates had attacked him. An ACT Supreme Court hearing on Thursday heard the 74-year-old former public servant is claiming at least $18 million in compensation for lost opportunities to have a family and career. The case has already cost the ACT more than $30 million, though that could be substantially more if Mr Eastman's compensation claim succeeds. Mr Eastman spent 19 years in jail for the 1989 murder of Australian Federal Police assistant commissioner Colin Winchester, who was then the ACT's chief police officer. In 2014, a retrial was ordered after forensic evidence relied on to convict Mr Eastman was discredited as deeply flawed and an inquiry found there had been a miscarriage of justice. A jury ultimately found Mr Eastman not guilty of the murder in November last year. Violence, vilification and taunting The court released a lengthy statement from Mr Eastman on Thursday detailing his struggles in life, the "utter hopelessness" and fear he felt in jail, and the assaults he suffered. "I had been classified as a 'non-association' prisoner … Because of this, I was often imprisoned with the most vile prisoners," he said. He held that classification for eight years of his time behind bars. "That meant eight years of virtual solitary confinement … I was in constant fear … that I would be bashed," he said. "I could not believe the extent of the brutality and barbarity which existed throughout the whole prison system. I could not believe such things could happen in Australia." He was moved constantly between prisons. He was relocated 90 times. Mr Eastman also described witnessing a murder in Goulburn jail. While in Canberra's prison, the Alexander Maconochie Centre, he said other prisoners harassed him often, calling him "dog" and "c***", and making barking sounds. In his statement Mr Eastman described continual police harassment leading up to his arrest, which he steeled himself for. "Towards the end of the second coronial inquest, I had warning from the media that the coroner was about to commit me for trial," he said. "When they came to arrest me, I knew that they were coming. I made sure that I was dignified, and I didn't resist." 'The world changed so much' Mr Eastman described his feelings many years later, during the judicial inquiry that eventually set aside his conviction, when he learned of the flawed evidence that jailed him. "I was astonished by what came out during the inquiry. I couldn't believe that I had been convicted in the circumstances which were being revealed during the inquiry," he said. "I felt devasted and empty by what came out." Mr Eastman also described his failed attempts to find work and his need to make up "for all those wasted years". "I would like to travel and experience the world. I know so little of [the] world that has changed so much in the 20 years that I was in prison," he said. "I struggle with what people can do with mobile phones, computers, email and the internet." 'No unlawful detention' The ACT Government had offered Mr Eastman an act of grace payment after his acquittal last year, but he refused it, instead launching a compensation bid claiming breaches of the ACT's Human Rights Act. How two 'cracks' in the dark echoed across 30 years The justice system's 30-year pursuit of David Eastman has finally ended — but a question still goes unanswered: Who killed Colin Winchester? ACT Solicitor-General Peter Garrisson conceded that Mr Eastman's 1995 conviction was wrongful, but said he had not been detained unlawfully under the existing laws. The court heard that was partly because the outcome was subject to appeal. "There was simply no unlawful detention," Mr Garrisson said. "The plaintiff was detained by order of a superior court." Mr Garrisson added that, even if the court accepted Mr Eastman's argument, his claim would be limited by the fact that the Human Rights Act did not commence until 2004. "The plaintiff has not demonstrated in any way how the Human Rights Act applies in retrospect," he said. Lost dreams, career opportunities, family aspirations On Tuesday, Mr Eastman had described to the court his "bittersweet" release from prison, speaking publicly for the first time since his conviction was overturned. "I've lost the ability to pursue any dreams," he said. "The loss of opportunity to get married and have children, which was a dream, the loss of opportunity to pursue a career." Mr Eastman also lost three family members while he was imprisoned. The court heard he suffered vilification in the press, taunting by prison staff and random acts of violence by other prisoners. The compensation case is expected to run into next week. https://www.abc.net.au/news/2019-10-03/eastman-asks-for-18m-in-compensation-for- wrongful-conviction/11570882 .
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