Gordon Wood’s barrister issues apology to former DPP Nicholas Cowdery

Posted January 20th, 2019 by admin and filed in 南京夜网
Comments Off on Gordon Wood’s barrister issues apology to former DPP Nicholas Cowdery

???Gordon Wood’s barrister has publicly apologised to former NSW Director of Public Prosecutions Nicholas Cowdery, QC, withdrawing serious allegations of misconduct.
Nanjing Night Net

Mr Wood, who was acquitted of the murder of his girlfriend Caroline Byrne by throwing her off a cliff, is suing the state of NSW for malicious prosecution, and his statement of claim originally accused Mr Cowdery of “misfeasance in public office”.

The document before the NSW Supreme Court claimed Mr Cowdery had “acted in bad faith in carrying out his duties in connection with the prosecution of [Mr Wood] and for the dominant purpose of harming the plaintiff”.

But, on Tuesday afternoon, Bruce McClintock, SC, withdrew those allegations.

“I wish further to apologise to Mr Cowdery,” Mr McClintock said.

Justice Elizabeth Fullerton said: “It’s a grave allegation to make in a pleading filed. Mr Cowdery … is a person who gave high public service to this state over many years.

“It was entirely unwarranted, as I see it, that he be named in this litigation at all.”

Mr Wood was found guilty of murdering Ms Byrne by throwing her off a cliff at The Gap, in Watsons Bay, during a high-profile trial in 2008, but was acquitted by the Court of Criminal Appeal in 2012.

Mr McClintock told the court the police investigation and the prosecution against Mr Wood were “flawed”, driven by malice and conducted under intense political and media pressure.

Peter Neil, SC, for NSW, opened his case, and said the police investigation was “thorough, professional and competent”.

“It was completely devoid of malice or ill will towards the plaintiff and the police were not out to get him,” Mr Neil said.

Mr Neil said the Crown prosecutor at Mr Wood’s trial, Mark Tedeschi, QC, was highly experienced and ran a fair case.

“He always had a genuine, conscientious belief based upon his professional judgment that there was a proper case to be brought.”

Associate Professor Rod Cross, a physicist who testified that Ms Byrne must have been thrown, and who was heavily criticised by the appeals court, was well regarded in his field, Mr Neil said.

“He conducted experiments, he got results, … as far as he is concerned the results were correct and that allowed him to form certain opinions,” Mr Neil said.

“Both the police and prosecution service, in particular Mr Tedeschi???, were entitled to put the evidence before a jury and did so on a proper basis.”

Mr Neil said the police were not negligent in failing to take photographs of Ms Byrne’s body at The Gap, as alleged.

“The police knew this much: the vast majority of people who do leave The Gap do so voluntarily. Their loved ones … are avid for information.

“Police did not consider photos of very badly broken people on the rocks to be necessary.”

The hearing continues.

This story Administrator ready to work first appeared on Nanjing Night Net.

Comments are closed.