Information suggesting David Harold Eastman might have been planning a ''homicidal attack'' on his trial judge was circulated to court staff in the lead-up to the convicted murderer's trial, an inquiry has heard.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
The inquiry into Eastman's 1995 conviction for the 1989 murder of the ACT's police chief began hearing evidence on Monday. It started by examining whether then chief justice Ken Carruthers had seen reports on the mental health of Eastman (pictured) before presiding over his murder trial.
The reports, written by forensic psychiatrist Rod Milton, contained information suggesting the judge was at ''significant risk'' of an attack by Eastman. The information may have created a perception of bias if given to Justice Carruthers before the trial.
Former Supreme Court registrar Alan Towell was the first witness to give evidence to the inquiry on Monday. He said he had circulated information about the threats to court staff but was careful not to tell Justice Carruthers.
Eastman was convicted of
shooting Australian Federal Police assistant commissioner Colin Winchester as he sat in his car in his neighbour's driveway in Deakin one January night in 1989.
Eastman is currently serving a life sentence in the Alexander Maconochie Centre, but is listening in on the inquiry into his conviction via video link.
That inquiry was ordered by Justice Shane Marshall last year because he was satisfied there was ''fresh doubt'' about Eastman's guilt.
Former ACT chief police officer Peter Dawson, head of the local police in the lead-up to Eastman's trial, was asked what he did with the information on the threats posed to Justice Carruthers.
Mr Dawson, the inquiry's second witness, said he felt obliged to tell court staff of the threats, and said the consequences of not doing so would have been ''hard to live with''.
He said Eastman had posed a threat to anyone in power who was not giving him what he wanted.
Mr Dawson said documents suggested he had conversations with the then attorney-general and the registrar of the court, Mr Towell, about the threats.
Earlier on Monday morning, counsel assisting the inquiry, Liesl Chapman, SC, gave an opening submission outlining the questions expected to be addressed in the proceedings. She identified nine categories of evidence in the Crown's case against Eastman that were to be examined by the inquiry. They included question marks over the evidence of his alleged purchase of a .22 rifle used to shoot Mr Winchester, as well as potential issues with the forensic evidence linking gunshot residue and particles found in Eastman's car boot to that found at the crime scene.
The inquiry would also look at the Crown's claims about the motives for the killing, which revolved around Eastman's expulsion from the public service and anger with Mr Winchester for refusing to intervene over a pending assault charge.
Questions would also be asked of the threats Eastman was alleged to have made concerning Mr Winchester to others, and his alleged searching of electoral records for the assistant commissioner's home address.
The inquiry will also examine potential issues with the confessions made by Eastman, which were recorded by potentially illegal bugs placed in his home at a time when he may have been suffering severe mental health issues.
The proper consideration of other hypotheses for the murder, including the possible involvement of the Calabrian Mafia, would also be a subject of the inquiry, as would questions of whether the court properly considered Eastman's fitness to plead.
The inquiry continues on Tuesday.
