Lawyers for David Eastman say the forensic evidence upon which the case against their client was “so critically dependant” has been completely destroyed.
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But the Australian Federal Police has joined the Director of Public Prosecutions in arguing that, even without the forensics, an “incredible combination of facts” remained to prove Eastman killed the ACT’s police chief in 1989.
The inquiry into Eastman’s conviction for the killing of Assistant AFP Commissioner Colin Stanley Winchester has this week held what are expected to be its last days of public hearings.
On Wednesday, Eastman’s counsel Mark Griffin, QC, and the AFP’s counsel Lionel Robberds, QC, gave closing submissions to inquiry head, Acting Justice Brian Martin.
Mr Griffin started by taking aim at the work of the case’s most crucial forensic expert, Robert Collins Barnes, saying it was fair to say he completely lacked credibility and reliability.
“It is difficult to imagine a case which has been so critically dependant on… the forensic work,” he said.
“What is surprising to see is that that evidence, 20 years later, has been so completely destroyed.”
Mr Griffin said there was a credible case to argue the expert had falsified records and was “less than truthful” with the inquiry.
His submission followed that of the AFP, in which Mr Robberds said the case was overwhelming, even without Mr Barnes, and even if the evidence of Eastman’s doctor about a threat to shoot the police chief was modified.
“We submit that when you stand back to look at all the evidence, it’s an incredible combination of facts, which combine to prove the Crown’s case beyond reasonable doubt, and it was strengthened by the [covertly recorded] admissions,” he said.
Mr Robberds took the inquiry through the remaining evidence against Eastman, including his motive, his anger, his accessing of firearms, his threats, and the “most incredible piece of evidence” that came from the suspect’s inability to explain his whereabouts at the time of the killing.
The AFP and the DPP say the conviction of Eastman should not be interfered with.
That’s a position Mr Griffin described as “completely untenable” on Wednesday.
Earlier, Mr Robberds argued that a campaign of alleged police harassment of Eastman was not linked with confessional utterances he made in his bugged home in 1990.
Eastman was under a near-constant, lengthy surveillance campaign by police, and he regularly made complaints about their behaviour, alleging they were harassing him.
In June 1990, he made the first of a number of admissions that were picked up by recording devices in his home.
The confessional material, which was used at trial, included utterances such as "he was the first man I ever killed" and "it was a beautiful thing one of the most beautiful feelings you've ever known".
Counsel assisting the inquiry Liesl Chapman, SC, said on Monday it was open for him to find a causal connection existed in the minds of police between their "in your face" tactics and the making of the admissions.
Ms Chapman said that may have allowed an application to exclude the evidence.
But Mr Robberds argued strongly against that link on Wednesday.
"You will find, with respect, that there is no causal connection between that [police] conduct and the making of those admissions," he told Acting Justice Martin.
Mr Griffin will continue his closing on Thursday.
