Terry Irving was imprisoned for a crime he didn't commit. Now the justice system will be asked to answer the ultimate question: What's the cost of loss of liberty?
Terry Irving was jailed for a crime he didn't commit. After 30 years, he'll learn the price of freedomTerry Irving was imprisoned for a crime he didn't commit. Now the justice system will be asked to answer the ultimate question: What's the cost of loss of liberty?
But as the stares followed him into the courtroom, a crushing realisation consumed him: he would not be walking back out that front entrance a free man. Local shopkeepers, who had been alerted to the commotion, managed to tail him and sneak a glimpse of his face. The avid pool player had been chatting with other pubgoers when a man he'd seen around every now and then approached him and struck up a conversation.
They had made the hour-long drive to Atherton, where Terry was working, with questions about the robbery. While in custody, Terry was investigated and charged as the bank robber. His lawyers maintain that during this time police had begun a "fishing expedition" to find evidence that would frame him as the prime suspect.
His lawyer had pulled out that morning due to a scheduling conflict, and evidence that was "supposed to have been disclosed" to Terry and his new defence council before the trial "was handed across the bar table" after proceedings had begun, he says. In sentencing, the judge remarked the trial had proceeded far quicker than anyone anticipated because of the defence lawyer's "efficient" cross-examination of the witnesses.
After decades spent working overseas and establishing his legal practice in Canberra, he uprooted his life in the early 1990s to move to north Queensland, where he began a job with legal aid in Townsville.In Michael's line of work "you tend to develop an in-built bullshit detector", he muses. Over 18 months, the seasoned lawyer compiled hundreds of pages of documents to take the case to Australia’s highest court, eventually securing the money needed for legal representation.
Terry's name had been cleared but, as he was about to discover, the battle for vindication had only just begun. It would take another two decades for the Queensland Court of Appeal to determine that Terry had been the victim of a "malicious prosecution"."In Terry's case, it was a specific finding by the court that a detective investigating that matter had acted with malice — she'd intentionally done the wrong thing," says Melissa Meyers, the principal lawyer from Maurice Blackburn for Terry’s case.
Whether an ex gratia payment is awarded is at the discretion of the government, and in the rare cases where it is, there is no standard calculation for loss of liberty. "Both of my parents went to their graves never knowing I was vindicated. It cuts me to the bone and have been like a continuous punishment."In October 2023, Terry and Michael met with Queensland's Attorney-General Yvette D'Ath to discuss an ex gratia payment.
For Terry's defence team, the "big concern" is the possibility that the government will appeal the decision, dragging his battle for recourse out even further.
Australia Latest News, Australia Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Crime scene established as search for bodies of allegedly murdered Sydney couple expandedThe police search for the bodies of allegedly murdered couple Jesse Baird and Luke Davies has expanded beyond Sydney and Newcastle.
Read more »
Victoria’s bail laws under the microscope following crime spree in Bayside, Melbourne7NEWS brings you the latest local news from Australia and around the world. Stay up to date with all of the breaking sport, politics, entertainment, finance, weather and business headlines. Today's news, live updates & all the latest breaking stories from 7NEWS.
Read more »
Raising age of criminal responsibility is 'utterly weak' way to deal with youth crime surgeSky News host Rita Panahi warns raising the age of criminal responsibility is an “utterly weak” way to deal with a surge in youth crime. The age of criminal liability in Victoria is currently 10 years old, but it will become the first state to raise the age to 12 this year and then 14 in 2027. Ms Panahi said there has been a “significant increase” in the number of serious and violent offences committed by young offenders in Victoria. “Law-abiding folk are getting pretty fed up with a justice system that is sorely lacking justice,” she said. “We have soft sentencing, and too many violent thugs granted bail again and again despite the danger they pose to the community.”
Read more »
Husband of missing Victorian runner Samantha Murphy makes shock appearance at crime scene7NEWS brings you the latest local news from Australia and around the world. Stay up to date with all of the breaking sport, politics, entertainment, finance, weather and business headlines. Today's news, live updates & all the latest breaking stories from 7NEWS.
Read more »
Seven teens arrested after alleged crime spree across NSWA group of teens have been arrested following a wild crime spree across New South Wales overnight.
Read more »