Ronald Ryan - Appeal

Appeal

Opas decided to appeal against the murder verdict. The appeal was to the Victorian Court of Criminal Appeal, a bench consisting of three judges of the Supreme Court. The basis of the appeal was that the verdict was against the weight of the evidence. He argued that as a matter of law that the inherent inconsistencies and improbabilities and even impossibilities in the evidence.

At the trial there had been a legal argument on when the crime of escaping from gaol had been completed. In the Crimes act, a relevant section provides that "every male person lawfully imprisoned for any crime who escapes shall be guilty of a felony".

At the trial, Mr Justice Starke had directed the jury: "In certain circumstances, the crime of murder may be established even though the accused had no intention of killing. And that is so in these circumstances. If a killing occurs by an act of violence in the course of a commission of a felony involving violence, or in the furtherance of the purpose of such felony, the accused is guilty of murder, even though there is no actual intention of killing." There was long legal argument on when the escape felony finished, did it stop once Ryan and Walker left the prison property or did it continue until they were caught in Sydney nineteen days later?

The appeal was dismissed on 8 June 1966.

On 14 October 1966, the Full High Court rejected appeals by Ryan and Walker. With all legal avenues yet to be exhausted, legal aid to Ryan was cut by the Bolte Government. Premier Bolte then directed the Public Solicitor to withdraw Opas' brief as the government was not going to fund the petition to the Privy Council.

Ryan had a right to increased free legal assistance for expert forensics analysis, to hire expert witnesses, and to present a series of appeals and recourses that were available to those facing execution by the government. The Full Court agreed that it was unthinkable that a man should be executed before he had exhausted his ultimate right of appeals. Opas decided to apply to the Privy Council in London. The appeal is a vestigial remnant of an appeal to the sovereign in person.

On 12 December 1966, the State Executive Council (Premier Bolte's cabinet) announced that Ryan would hang on 9 January 1967.

Opas, convinced of Ryan's innocence, agreed to work without pay. Opas consulted the Ethics Committee of the Bar Council to seek approval to make a public appeal for a solicitor prepared to brief him, as Opas was prepared to pay his travel, other expenses and appear without fee. The Committee said that this would be touting for business and was unethical. Opas argued that a man’s life was at stake and he could not see how he would be touting when no payment was involved. Opas defied the ruling and on national radio sought an instructor. Opas was inundated with offers and accepted the first application, being from Ralph Freadman. Alleyne Kiddle was in London completing a Master’s degree and she agreed to take a junior brief without a fee.

On 4 January 1967, the State Executive Council stayed Ryan's execution pending an approach to the Privy Council.

Opas then flew to London to present Ryan's case to the highest judges in the Commonwealth. Ryan's execution was delayed by Premier Bolte awaiting the Privy Council's decision.

On 23 January 1967, the Privy Council Judicial Committee refused Ryan leave for appeal.

On 25 January 1967, the State Executive Council set Ryan's execution date as 31 January.

On 30 January 1967, Justice Starke ordered a stay of execution following an affidavit from former prisoner John Tolmie who said he saw a warder fire a shot from Number 1 tower at the time of the murder. The following day Tolmie was charged with perjury for making a false affidavit; he was not in gaol at the time of the escape.

Bolte scheduled Ryan's execution on the morning of Friday 3 February 1967.