Henry Keogh - Petitions and Appeals

Petitions and Appeals

In a petition lodged in 2002, Keogh's legal team, led by Kevin Borick QC, provided material in support of a substantial number of complaints. Keogh's key complaint was against then chief forensic pathologist Colin Manock's handling of the autopsy on Cheney and his evidence in the trial.

South Australian Deputy Premier Kevin Foley said that after considering the report of the Solicitor General, delivered after an exhaustive examination over two and a half years of the 37 complaints contained in Mr Keogh's third petition, he formed the opinion that it did not disclose any arguable basis on which the Supreme Court could find that there had been a miscarriage of justice.

In May 2007, Mr Keogh applied for leave to appeal to the Supreme Court of South Australia. The appeal was dismissed on 22 June 2007.

On 16 November 2007, the High Court of Australia rejected Keogh's application for special leave to appeal against a decision by the South Australian Court of Criminal Appeal that it did not have jurisdiction to reopen his appeal.

On 4 February 2009, a fourth petition was lodged by Henry Keogh with the Governor of South Australia. It alleges that his conviction was obtained by fraud, deceit and manifest error. The petition has been referred by the Governor to the Attorney-General of South Australia. Previously, the Attorney-General has stated that in the event of a further petition being lodged, he would ensure that it was assessed and determined by an Acting Attorney-General (not himself) in view of his published comments about Keogh's conviction.

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