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Police more concerned with getting conviction than discovering truth, court told
证人A的关键证词并没有被录音
Evidence of an alleged prison cell plot by accused murderer Lian Bin "Robert" Xie to avoid blame for his crimes is unreliable, a court has heard.
The assertion was obtained by a violent, intimidating inmate acting on instructions by police officers more concerned with a conviction than discovering the truth, Mr Xie's defence said.
In the third day of Mr Xie's trial for the murder of his brother-in-law's family in Epping in 2009, the defence delivered a scathing attack on a key element of the Crown case – evidence from a prison inmate-turned informer.
The Crown asserts that, after being arrested, Mr Xie was caught in a carefully planned police sting designed to flush out vital information about his involvement in the crime.
A prison inmate, known as "Witness A", will give evidence about 21 separate conversations he had with Mr Xie over the course of the 18 months they spent in neighbouring cells in Long Bay jail from mid-2011.
These allegedly included discussions about two plots – both known as 'Plan B' – by which Mr Xie would allegedly frame dead people for the murders by planting their DNA at the crime scene or on a murder weapon.
During conversations with Witness A – some of which were secretly recorded – Mr Xie also allegedly said he had bought the hammer used in the murder from a two-dollar shop, and that he had used martial arts skills to subdue his victims before killing them.
But on Tuesday, Mr Xie's barrister, Graham Turnbull, SC, questioned Witness A's credibility in the strongest terms, as well as the method by which he was used by police to effectively obtain the evidence they wanted.
"Once Witness A met Mr Xie in jail you might ask whether the investigation turned from a 'who dunnit?' to an investigation designed to prove that Robert Xie did it," Mr Turnbull said.
"Many of these spectacular statements of apparent inculcation were not recorded – they came from Witness A alone."
Mr Turnbull said Witness A had informed or attempted to inform while in prison on previous occasions, and that on this occasion had received a substantially reduced sentence for the assistance he provided.
He also said the witness was a "violent man, a physically intimidating man".
"He is a man, you might find, who was assertive and not easily divested from a course he has chosen to pursue," Mr Turnbull said.
"He's targeted someone to get a better deal for himself.''
Mr Turnbull said rather than having a friendly relationship with his prison mate, Mr Xie was being "exploited" by a "ruthless criminal".
There were also 200 phone calls between Witness A and police, Mr Turnbull said, in which officers told the informant "what they wanted and what they needed".
"He then tried to leverage as much benefit to himself as he could.
"So much of what was claimed was never recorded – the purchase of the hammer from the two-dollar shop, the apparent motive of a "loss of face". Never recorded."
"This was a search for evidence that's just not there, in a situation where Robert Xie is in an enclosed environment where he can't get away.
"Any acquiescence or acknowledgment is nothing more than keeping him at bay.''
The trial continues.
Read more: http://www.smh.com.au/nsw/lin-fa ... .html#ixzz31ZGk9ngw |
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说说我初来澳洲认识的那些陌生人 （一） (2010-8-27) hilltop-bear 
楼主:dootbear
发表于 2014-5-13 14:18
