Gary's first appeals were arbitrarily dismissed by the Courts, and even though new evidence has emerged, in WA two strikes (appeals) and you are done. The only choice from there on is to throw yourself on the mercy of the Attorney General. But unfortunately subsequent Attorney Generals have chosen to use the "under review" and "seeking legal advise" excuses, and continue to do so, until eventually they are changed by the government, and the whole process begins again.
The latest new evidence includes statements from witnesses that Sid Reid admitted to killing Anthony Tapley, and Operation Stirling was established to investigate; by the very police that have the most to lose if the investigation reveals Sid Reid murdered Anthony Tapley. Unfortunately the "review" process is now stalled until the investigation is completed, but the the Hon Christian Porter MLA, who promised a result by the end of 2011, did not keep that promise. It is now 3 years since the investigation began, so where is the decision?
Below is one of my letters to the WA Attorney General, the Hon Christian Porter MLA...
I am also writing on behalf of Gary White. During recent phone conversations I have noted a steady decline in Gary's mental state, regarding his incarceration and the on-going procrastination over his leave to appeal, and possible retrial.
Like Valerie Beavis I am not from a legal background, but work closely with many Attorney-General's departments around the world - currently in the Isle of Man doing a Legislative Publishing Work-flow System.
Australians have a good international reputation for being honest and straight-forward, but regrettably, this reputation is being tarnished by Western Australia's judicial system. To have accepted the case put forward by a completely discredited DPP and Police Officers is beyond belief. The same legal and police staff that concocted a similar case against Andrew Mallard. We all know without a shadow-of-a-doubt that given a re-trial without; the political and media pressure, the coercive manipulation of 6 witnesses by the police and DPP, and the new evidence, the outcome would now be completely different.
I did not attend the trial, but spent many months with the transcript uncovering new evidence with the help of my legal colleagues that would have exonerated Gary. Unfortunately that appears to be falling on deaf ears. In an interview with Wayne Morgan by the ABC's Four Corners, Wayne was asked a question (on my insistence) regarding the weather on the day that he supposedly saw Gary at a bonfire. The answer, which was never explored during the trial, completely aligned with Wayne's original statement, and discredits the coerced version that was presented at trial.
The ABC are contemplating a second story given that many interviews such as this did not make the first program.
I can also only appeal to your sense of justice and fair play. Seven years is a very long time to serve for a crime you did not commit.
Our Ref: 35-05662/4 18 October 2010
Mr G Wright
Dear Mr Wright
Thank you for your email dated 5 October 2010 regarding the case of Gary White.
Please be advised that legal advice has been sought in relation to this matter. A formal response will be forwarded to Mr White once the matter has been fully considered.
C. Christian Porter MLA
ATTORNEY GENERAL; MINISTER FOR CORRECTIVE SERVICES