Press Releases and Announcements - 29 August 2011

Terry Irving gets green light to sue over wrongful imprisonment

 

An Aboriginal man who was wrongly jailed for five years for an armed robbery he did not commit, has today been given the go-ahead by the Brisbane Supreme Court to seek compensation from the Queensland Government.
In May 1993 Terry Irving, then aged 37, was arrested for an armed robbery that took place in March that year. After a day-long trial, he was sentenced to seven years and five months in prison.
Mr Irving repeatedly protested his innocence. In 1997, the High Court quashed Mr Irving's conviction for armed robbery and ordered a retrial. Later that month, Mr Irving was released, having served almost five years in prison including seven months on remand. In January 1999, the Department of Public Prosecutions filed a notice in the Court confirming it was no longer pursuing a retrial.  Mr Irving, now aged 56, has been seeking redress ever since.
Maurice Blackburn Associate Trent Johnson said Mr Irving had struggled for years to represent himself in a complex legal case after he was refused legal aid, and today's Supreme Court decision was a welcome step towards some finality. Over many years Mr Irving has been assisted on a pro bono basis by Townsville Solicitor Michael O'Keeffe.
"This has been a long and painful ordeal for Mr Irving. The High Court of Australia found that there had been a miscarriage of justice and the United Nations Human Rights Committee agreed. Maurice Blackburn has taken on Mr Irving's claim for an investigation into his conviction, an apology and to secure compensation for his wrongful detention. The Supreme Court has today given us the green light to pursue Mr Irving's compensation claim against the Queensland Government," said Mr Johnson.
Mr Irving said that he was determined not to give up his fight. "The checks and balances did not protect me. This has affected my family, my friends. The thing that drives me is that I don't want this to happen to my children, my grandchildren, anyone."
In 2009, Queensland Attorney General Cameron Dick abandoned a judicial review of Irving's case, which had been ordered by Mr Dick's predecessor, Kerry Shine, leaving Mr Irving with no other alternative than to pursue compensation through the court.
"Mr Irving has endured a prolonged period of incarceration for a crime he did not commit and the compensation we will be seeking on his behalf will clearly reflect that,' said Mr Johnson.
Media inquiries:
Amanda Tattam at Maurice Blackburn
atattam@mauriceblackburn.com.au

An Aboriginal man who was wrongly jailed for five years for an armed robbery he did not commit, has today been given the go-ahead by the Brisbane Supreme Court to seek compensation from the Queensland Government.

In May 1993 Terry Irving, then aged 37, was arrested for an armed robbery that took place in March that year. After a day-long trial, he was sentenced to seven years and five months in prison.

Mr Irving repeatedly protested his innocence. In 1997, the High Court quashed Mr Irving's conviction for armed robbery and ordered a retrial. Later that month, Mr Irving was released, having served almost five years in prison including seven months on remand. In January 1999, the Department of Public Prosecutions filed a notice in the Court confirming it was no longer pursuing a retrial.  Mr Irving, now aged 56, has been seeking redress ever since.

Maurice Blackburn Associate Trent Johnson said Mr Irving had struggled for years to represent himself in a complex legal case after he was refused legal aid, and today's Supreme Court decision was a welcome step towards some finality. Over many years Mr Irving has been assisted on a pro bono basis by Townsville Solicitor Michael O'Keeffe.

"This has been a long and painful ordeal for Mr Irving. The High Court of Australia found that there had been a miscarriage of justice and the United Nations Human Rights Committee agreed. Maurice Blackburn has taken on Mr Irving's claim for an investigation into his conviction, an apology and to secure compensation for his wrongful detention. The Supreme Court has today given us the green light to pursue Mr Irving's compensation claim against the Queensland Government," said Mr Johnson.

Mr Irving said that he was determined not to give up his fight. "The checks and balances did not protect me. This has affected my family, my friends. The thing that drives me is that I don't want this to happen to my children, my grandchildren, anyone."

In 2009, Queensland Attorney General Cameron Dick abandoned a judicial review of Irving's case, which had been ordered by Mr Dick's predecessor, Kerry Shine, leaving Mr Irving with no other alternative than to pursue compensation through the court.

"Mr Irving has endured a prolonged period of incarceration for a crime he did not commit and the compensation we will be seeking on his behalf will clearly reflect that,' said Mr Johnson.

Media inquiries:

Amanda Tattam at Maurice Blackburn

atattam@mauriceblackburn.com.au

 

 

 

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