So this is the work of Robyn Milera, explaining about the impact of the suspected wrongful conviction of her brother(in-law), Derek Bromley - I wanted to link to the page but had to cut n paste it instead - so I hope I am not violating any copyright. Fully written and published by Robyn Milera and re-published here (for academic purposes).
March to Preserve Noongar Culture 2012, photo copyright Mick Pearce |
Robyn Milera February 6, 2013
In the early 90's I was at a funeral at Gerard mission. On the way back to Adelaide we stopped on the banks of Lake Bonney for a break and met up with other family there.
I noticed a man who was in the compan...y of two white fellas. Everywhere he went they were with him. Then I saw that the coat he had draped over his hands was there to conceal handcuffs. He had obviously been given leave from prison to attend the funeral, but I didn't know who he was. I was pretty new to the family then. As it turns out he was my brother-in-law, Derek Bromley (born Milera). No-one had spoken of him to me before but I learned that he had been convicted in 1984 of a drowning murder and was serving a life sentence. There was, as far as I knew, no regular contact between him and his siblings. I'm not sure that anyone visited him at all but no one ever spoke of him to me.
I guess it's a reasonable assumption that a man tried and convicted of murder is serving the sentence he deserves as a guilty man. At least that was my naive view back then. Whether he was guilty wasn't what played on my mind though. What bothered me most at the time was that he wasn't getting much family support in jail. I made up my mind to do what I could to encourage his brother to be mindful and visit sometimes.
My first conversation with Derek informed me that he claimed to be innocent of the crime.
Derek and two of his siblings were removed from the care of their father and family back in 1957. Their beautiful mum had passed away not long after Derek's birth and it was a hard time for Dad. The Aborigines Protection Board was quick to condemn Dad for his difficulties raising a family of four dependent children after the death of his beloved wife. They eventually stepped in and forcibly removed three of those children. There were family who wanted to help care for the kids but they were apparently not given the chance. Derek was under two years old at the time and was separated from his siblings. He had no contact with them while growing up.
He got on the wrong side of the law as a juvenile and did not know where or to whom he belonged. Prison experiences and some dreadful prejudices within the justice system fuelled a growing anger. By nature, he was not one to back down in the face of unfairness. He still isn't that sort of man. When prison conditions or treatment of prisoners were wrong he stood up for rights and campaigned for changes. A peaceful protest in the form of a sit in went horribly wrong in Yatala labour prison. The special response unit stormed the division where the protesters, including Derek awaited promised consultations with authorities over inmates’ legitimate grievances. There was a very violent clash. Derek later sought compensation from the State for the injuries he suffered. The brutality of the treatment he and others received was condemned at court and a declaration against its illegality was granted. Derek was marked as a ring-leader and the story from the point of view of the inmates as to the true circumstances of the 'riot', was never offered by the media to the public.
Derek claims that before release at the end of the sentence he was serving, he received threats from authorities that he would either be killed or stitched up and go away for a very long time. He was only out of prison on parole for a matter of days before he was arrested and charged with murder. He has been in prison since then - 28 years.
I had heard of convicted people saying they are innocent. I didn't know what to think. I only knew at the time that no matter what, Derek was a human being who had a story to tell and his existence kept on playing on my mind. I got to know him a little through rare visits in the company of his brother and the regular phone calls he made. His recounts to me of the trial were absolutely consistent every time he spoke. His respectful demeanour and concern for others were opening my ears and my mind and I became determined to find the trial transcripts, witness statements and any other material information I could use to educate myself and come to my own conclusions.
It was through a meeting with a wonderful man called Dr. Robert Moles, a legal researcher and academic based in Adelaide that I began to understand that the trial of Derek Bromley was a terrible miscarriage of justice. At the time of writing, there is only one right of appeal against a criminal conviction in our judicial system. Derek's application was denied. Once you read the transcript and understand some of the trial processes, it is obvious that the conviction was unsafe. The prosecution’s leading witness was a seriously ill schizophrenic, suffering from delusions and overt psychosis. The affect of such illness on the capacity to give reliable evidence was never examined at trial. The jury was left to accept the witness as reliable in the absence of evidence to the contrary being presented to the court. The Crown's expert forensic witness gave opinion as to cause of death. That evidence was scientifically incapable of proof and yet his opinion was presented as an uncontested fact to the jury. Thirdly, a taxi driver gave evidence that Derek was picked up by him that night wearing a white suit, and brimmed hat and looking 'very dapper'. Derek was picked out from photographs presented to the driver by police. However, police officers and other eyewitnesses in Derek's company on the night examined at trial, testify that he was wearing plain, casual clothing. Other significant people who were in Derek’s company that night, were never called to give evidence in his support. He was convicted by an all white jury. The list of difficulties within the trial goes on and on. But our legal system has, up to this point, provided no redress other than one chance of appeal in which the court only considers points of law.
A recent SA Legislative Committee Review took a submission from the Australian Human Rights Commission expressing concern that the present appeals process in Australia is in breach of the International Covenant on Civil and Political Rights. Although Australia is a party to that Covenant, its principles are only theoretical until they are expressed through legislation that gives effect to them as law. The Committee’s Report made seven recommendations aimed at correcting the concerning powerlessness of people who claim to have been wrongly convicted of criminal offences.
Taking up, in part, recommendations made by the Committee, a new amendments bill was introduced to the South Australian Parliament in November of 2012 and is due to be decided on as early as February 2013. This is a huge step and will make second and subsequent rights of appeal against conviction to persons asserting their innocence on the basis of fresh and compelling evidence.
For Derek and others in South Australia alone, this will finally give them and the truth an opportunity to be heard. We are hopeful that, in accordance with the rule of law, our judicial system will prove trustworthy and independent in the interpretation and application of the law. We hope that it will inspire changes in all Australian jurisdictions.
Derek is currently serving his 28th year of incarceration. He is over six years beyond his non-parole period. He maintains his innocence even though he may have been released years ago had he shown remorse. But how does a person own remorse if he is innocent? He has held out a long, lonely time for justice at and expense of his physical liberty and that is a courageous thing to do. His due, and his desire, is to return to court and for justice to be done. In the meantime we call upon the South Australian government to provide him immediate opportunities to prepare through employment outside the prison environment and meaningful interactions in the community before his release.
Have all those years been wasted? While Derek has been in prison he has evolved as a person. He has learned to approach the frustrations and injustices he recognizes, with patience and more wisdom than the early days when he was still a very young man. He has achieved good in an environment he would not have impacted in any other circumstance. He has consistently stood firm on issues affecting others and in particular was an instrumental leader in the formation of the Sansbury Association which organised a voice for Aboriginal inmates. This voice was of crucial relevance to recommendations resulting from the Royal Commission into Aboriginal Deaths in Custody. Derek is still an active participant in the regular meetings on these issues. He is a compassionate and principled person who is, and will be, an important leader in the community. Adversity only wins out and wastes good people if it is permitted to do so.
Silence on issues to do with flaws in the justice system at any level can’t be ignored. There is always the possibility of change. I hope that people across the nation and beyond will take an interest in Derek and the circumstances that have lead to the tragedy of his incarceration. He is not alone in this experience. The factors that put him on that path are still being played out for people today and we can’t let the cycle continue – instead we need to stand up, be strategic and make a difference. That is the role of ordinary people in our system of government.
I believe that this is a story of fantastic resilience and the best is to come. Being associated with Derek has inspired me to change direction in my professional life from teaching to the study of Law. My hope is simply to encourage people to have confidence in their own voice and capacity to make changes for the better wherever they are.###
In the early 90's I was at a funeral at Gerard mission. On the way back to Adelaide we stopped on the banks of Lake Bonney for a break and met up with other family there.
I noticed a man who was in the compan...y of two white fellas. Everywhere he went they were with him. Then I saw that the coat he had draped over his hands was there to conceal handcuffs. He had obviously been given leave from prison to attend the funeral, but I didn't know who he was. I was pretty new to the family then. As it turns out he was my brother-in-law, Derek Bromley (born Milera). No-one had spoken of him to me before but I learned that he had been convicted in 1984 of a drowning murder and was serving a life sentence. There was, as far as I knew, no regular contact between him and his siblings. I'm not sure that anyone visited him at all but no one ever spoke of him to me.
I guess it's a reasonable assumption that a man tried and convicted of murder is serving the sentence he deserves as a guilty man. At least that was my naive view back then. Whether he was guilty wasn't what played on my mind though. What bothered me most at the time was that he wasn't getting much family support in jail. I made up my mind to do what I could to encourage his brother to be mindful and visit sometimes.
My first conversation with Derek informed me that he claimed to be innocent of the crime.
Derek and two of his siblings were removed from the care of their father and family back in 1957. Their beautiful mum had passed away not long after Derek's birth and it was a hard time for Dad. The Aborigines Protection Board was quick to condemn Dad for his difficulties raising a family of four dependent children after the death of his beloved wife. They eventually stepped in and forcibly removed three of those children. There were family who wanted to help care for the kids but they were apparently not given the chance. Derek was under two years old at the time and was separated from his siblings. He had no contact with them while growing up.
He got on the wrong side of the law as a juvenile and did not know where or to whom he belonged. Prison experiences and some dreadful prejudices within the justice system fuelled a growing anger. By nature, he was not one to back down in the face of unfairness. He still isn't that sort of man. When prison conditions or treatment of prisoners were wrong he stood up for rights and campaigned for changes. A peaceful protest in the form of a sit in went horribly wrong in Yatala labour prison. The special response unit stormed the division where the protesters, including Derek awaited promised consultations with authorities over inmates’ legitimate grievances. There was a very violent clash. Derek later sought compensation from the State for the injuries he suffered. The brutality of the treatment he and others received was condemned at court and a declaration against its illegality was granted. Derek was marked as a ring-leader and the story from the point of view of the inmates as to the true circumstances of the 'riot', was never offered by the media to the public.
Derek claims that before release at the end of the sentence he was serving, he received threats from authorities that he would either be killed or stitched up and go away for a very long time. He was only out of prison on parole for a matter of days before he was arrested and charged with murder. He has been in prison since then - 28 years.
I had heard of convicted people saying they are innocent. I didn't know what to think. I only knew at the time that no matter what, Derek was a human being who had a story to tell and his existence kept on playing on my mind. I got to know him a little through rare visits in the company of his brother and the regular phone calls he made. His recounts to me of the trial were absolutely consistent every time he spoke. His respectful demeanour and concern for others were opening my ears and my mind and I became determined to find the trial transcripts, witness statements and any other material information I could use to educate myself and come to my own conclusions.
It was through a meeting with a wonderful man called Dr. Robert Moles, a legal researcher and academic based in Adelaide that I began to understand that the trial of Derek Bromley was a terrible miscarriage of justice. At the time of writing, there is only one right of appeal against a criminal conviction in our judicial system. Derek's application was denied. Once you read the transcript and understand some of the trial processes, it is obvious that the conviction was unsafe. The prosecution’s leading witness was a seriously ill schizophrenic, suffering from delusions and overt psychosis. The affect of such illness on the capacity to give reliable evidence was never examined at trial. The jury was left to accept the witness as reliable in the absence of evidence to the contrary being presented to the court. The Crown's expert forensic witness gave opinion as to cause of death. That evidence was scientifically incapable of proof and yet his opinion was presented as an uncontested fact to the jury. Thirdly, a taxi driver gave evidence that Derek was picked up by him that night wearing a white suit, and brimmed hat and looking 'very dapper'. Derek was picked out from photographs presented to the driver by police. However, police officers and other eyewitnesses in Derek's company on the night examined at trial, testify that he was wearing plain, casual clothing. Other significant people who were in Derek’s company that night, were never called to give evidence in his support. He was convicted by an all white jury. The list of difficulties within the trial goes on and on. But our legal system has, up to this point, provided no redress other than one chance of appeal in which the court only considers points of law.
A recent SA Legislative Committee Review took a submission from the Australian Human Rights Commission expressing concern that the present appeals process in Australia is in breach of the International Covenant on Civil and Political Rights. Although Australia is a party to that Covenant, its principles are only theoretical until they are expressed through legislation that gives effect to them as law. The Committee’s Report made seven recommendations aimed at correcting the concerning powerlessness of people who claim to have been wrongly convicted of criminal offences.
Taking up, in part, recommendations made by the Committee, a new amendments bill was introduced to the South Australian Parliament in November of 2012 and is due to be decided on as early as February 2013. This is a huge step and will make second and subsequent rights of appeal against conviction to persons asserting their innocence on the basis of fresh and compelling evidence.
For Derek and others in South Australia alone, this will finally give them and the truth an opportunity to be heard. We are hopeful that, in accordance with the rule of law, our judicial system will prove trustworthy and independent in the interpretation and application of the law. We hope that it will inspire changes in all Australian jurisdictions.
Derek is currently serving his 28th year of incarceration. He is over six years beyond his non-parole period. He maintains his innocence even though he may have been released years ago had he shown remorse. But how does a person own remorse if he is innocent? He has held out a long, lonely time for justice at and expense of his physical liberty and that is a courageous thing to do. His due, and his desire, is to return to court and for justice to be done. In the meantime we call upon the South Australian government to provide him immediate opportunities to prepare through employment outside the prison environment and meaningful interactions in the community before his release.
Have all those years been wasted? While Derek has been in prison he has evolved as a person. He has learned to approach the frustrations and injustices he recognizes, with patience and more wisdom than the early days when he was still a very young man. He has achieved good in an environment he would not have impacted in any other circumstance. He has consistently stood firm on issues affecting others and in particular was an instrumental leader in the formation of the Sansbury Association which organised a voice for Aboriginal inmates. This voice was of crucial relevance to recommendations resulting from the Royal Commission into Aboriginal Deaths in Custody. Derek is still an active participant in the regular meetings on these issues. He is a compassionate and principled person who is, and will be, an important leader in the community. Adversity only wins out and wastes good people if it is permitted to do so.
Silence on issues to do with flaws in the justice system at any level can’t be ignored. There is always the possibility of change. I hope that people across the nation and beyond will take an interest in Derek and the circumstances that have lead to the tragedy of his incarceration. He is not alone in this experience. The factors that put him on that path are still being played out for people today and we can’t let the cycle continue – instead we need to stand up, be strategic and make a difference. That is the role of ordinary people in our system of government.
I believe that this is a story of fantastic resilience and the best is to come. Being associated with Derek has inspired me to change direction in my professional life from teaching to the study of Law. My hope is simply to encourage people to have confidence in their own voice and capacity to make changes for the better wherever they are.###