Vic: High Court dismisses appeals by four convicted killers

AAP General News (Australia)
08-30-2007
Vic: High Court dismisses appeals by four convicted killers

The High court has dismissed an appeal by four convicted killers over a controversial
Victoria Police technique used to extract their confessions.

The killers challenged the legality of the Canadian model .. where undercover police
recruit a suspect into a phony crime gang .. win their trust and persuade them to confess
to past wrongdoings.

Two of the applicants were child killer .. MALCOLM JOSEPH THOMAS CLARKE who killed
six-year-old BONNIE CLARKE in 1982 .. and SHANE JOHN HILL .. a heroin addict who beat
his step-brother to death with a brick.

The two others were ALIPAPA TOFILAU .. who killed his girlfriend .. and MATTHEW JOSEPH
MARKS .. who murdered his great aunt.

All were convicted after making admissions to undercover police who befriended them
months or years after initial investigations.

In a majority of six to one .. the full bench of the High Court .. sitting in Canberra
.. dismissed the appeals .. finding the confessions were voluntary and admissible as
evidence.

The court held the confessions of all four were procured by inducements .. but the
people holding out the inducements .. police officers posing as criminals .. were not
persons in authority.

The court found although the confessions were obtained by deception .. there was no
duress or intimidation .. and the confessions were voluntary.

AAP RTV mok/ce/imc/bart

KEYWORD: CONFESSIONS (MELBOURNE)

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