Petition of Mercy

Currently the only legal avenue open to Sue is the ‘Petition for Mercy’. As Barbara Etter identifies on her blog:

Section 419 of the Tasmanian Criminal Code states:

The Attorney-General, on the consideration of any petition for the exercise of His Majesty’s mercy, having reference to the conviction of any person or to any sentence passed on a convicted person, may -

(a) refer the whole case to the Court, and the case shall be heard and determined by the Court as in the case of an appeal by a person convicted; or

(b) if he desires the assistance of the Court on any point arising in the case with a view to the determination of the petition, refer that point to the Court for its opinion thereon, and the Court shall consider the point so referred and furnish the Attorney-General with its opinion thereon accordingly.

We hope that this mechanism may allow for this miscarriage of justice to be referred back to the court. While we try to remain optimistic, it is disheartening knowing that the legal system that let her down is also the system that we must rely on to free her. As such, a passionate and determined group of individuals, including high-profile criminal lawyers, are united in their shared concern about the processes surrounding this case and call for an Inquiry. Indeed, many see that this is more than the plight of one woman. There is something much larger at stake and that is our justice system and its effectiveness in determining truth and administering justice.


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