Royal Commission of Inquiry into the Blackburn Case, NSW, Analysis

This essay provides a comprehensive analysis of the Blackburn case, a significant legal matter investigated by the Royal Commission. It examines the failures of the police investigation, as highlighted by Mr. Justice J.A. Lee, who criticized the police's flawed approach and the suppression of evidence. The essay delves into the alibi evidence, the reliability of the gathered evidence, and the impact of the police's actions on Harold James Blackburn. It explores the legal context, including the Crimes Act 1900 and the Evidence Act 1995, and evaluates the admissibility and reliability of the evidence presented. The essay also highlights the role of media influence and public perception in shaping the case. Ultimately, it argues that the police's mishandling of the investigation led to Blackburn's arrest and humiliation, emphasizing the importance of proper procedures and the protection of individual rights. The essay concludes by summarizing the key findings and the implications of the case, which underscores the need for accountability and ethical conduct within law enforcement.

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18343205 HOUDA NOUFL
Western Sydney University
Evidence, Investigations, and Police Intelligence
BLACKBURN CASE
ROYAL COMMISSION, NSW.

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The Blackburn case which was considered as a very essential case of the Royal Commissioner
which was based upon the failure of the supervisions of the investigation. This case provides an
adequate weightage to the alibi evidence and further also classifies the gathered evidences which
were presumed or thought to be falsely presented in this case. This essay will identify all the
gathered evidences by the invigilators and other reliefs which could be or were provided to
Blackburn in this case. Mr. Justice JA Lee in the Royal Commissioner Report made by the Royal
Commission of the inquiry into the arrest very clearly determined all the subsequent as well as
changing withdrawals of charges taken against all the matters associated with Harold James
Blackburn. Furthermore this essay would reflect all the wrong steps taken while investigating
Blackburn’s case by the police and also the comments would be made upon the admissibility and
reliability of all the evidences extracted in both the terms of law i.e. the one stood in 1990 and
the other falling under the Evidence Act of 1995 in NSW, crimes act 1900 and common laws.
Harold James Blackburn who in New South Wales was a retired detective chief superintendent
of police force and was dismissed from his job of the commissions of war crime in the
department of federal attorney general due to the charge of which he was alleged on. Blackburn
was charged with 25 different crimes involved in the attacks committed in George’s hall and
Sutherland on July 24th, 1989 under the crimes act 1900. Throughout the investigation,
identification of the evidences were considered as a critical component throughout. All these had

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largely contributed to the incrimination of the crime Mr. Blackburn was alleged with (Jackson,
2017).
It was 24th July 1989 when Blackburn who was spending a normal day without having any idea
relating to the fact that he was been suspected for being a serial rapist and also his home was also
been tapped for three months and the NSW police were also following him throughout that
period. He had left his place and went off to work i.e. making investigations of the war criminals
living in Australia. That day he had also seen the surveillance police but had no idea that he was
the only target to whom they were following. That was the same day on which he was arrested
and immediately after that a damaging indictment of NSW had taken place. The media and all
the journalist were putting pressure on the police to have a bite of the case. Consequently, at the
headquarters of the police lock-up a conference by the media was conducted and all the
journalists present in the lockup at that time provided the brief of all the evidences recorded by
them before the Royal Commission. The entire captured story relating to the arrest of the
Blackburn for committing sexual offences were leaked in the public at large because of the
influence of the radio and television. This news had also added a spice in the headlines of the
newspapers (Cattle, 2016).
Initially at the time of arresting Mr. Blackburn, the police officials had no exact evidences so
they had completely relied upon a hunch of justifications which was to be given by Mr.

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Thornthwaite for targeting him. Three are basically four sources from which the evidences that
could connect Blackburn with the attacks are as follows:
Firstly it was from a victim or victims or a witness who had identified Blackburn as an attacker.
Second were the evidence derived out of the forensic lab such as blood, semen, hair, and clothing
found on the victim and at the place where the crime had been committed. Third was from the
things found or attained from the premises of the Mr. Blackburn i.e. all the articles stolen form
the victim at the time of committing the crime. Lastly from the proof of all the admissions made
by Blackburn to the other peoples including the police officials (Hum, et al., 2019).
The term ‘identification of evidence’ means that all the evidences which are especially treated in
the courts with proper caution or care and this was because on a number of occasion the justice
had been miscarried at the time when the belief for the conviction had been placed upon
identification of the evidences. The inquiry of arrest was made by Mr. JA Lee in the Royal
Commissioner for charging and subsequently withdrawing all the charges against Blackburn and
the other matters associated therewith. Section 11 provides “observation upon the identification
of the evidences.” (David Field, 2014)
There was no accurate evidence which was found against Blackburn which could prove him
guilty, however all the news captured by the media had already been leaked and his reputation
consequently was ruined which could not have been undone by any means. This was a very
distressing situation for Blackburn which was clearly reflected when he had spoken about the

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walk in general. The barrister of Blackburn; Mr. Stern had completely impressed the commission
regarding the position of Blackburn. Furthermore, he was told that adequate steps would be taken
for recovering back the best of his position back into place (Roach, 2018).
Justice Lee in the Royal Commission was also unable to determine who took the authorization of
walk. No prosecution was resulted against him, though the entire technical team was trying to
oppose him. The police was relying on a tissue with stains of blood as evidence found on an oval
a little distance away from one of the attacks which when sent to be tested for DNA of the blood
sample was found to be A+ , whereas Blackburn’s blood group was O+. So there was no chance
to put this case before the court (Jackson, 2017)
Here the Director of the Public Prosecution NSW determined that there were no evidence on
which the case can be proceeded further. After that Justice Lee had badly criticized the police
officials of NSW and emphasized upon the fact that it is not the business of the police to
entertain the public by spreading such baseless, rumors. Apart from all the above it was also
stated that the police had breached their duty which they had for maintaining the law and order in
the society and had also wasted the time of the court which was considered as a contempt of the
court. So the other phase of the “walk” directly and indirectly relates to the dignity with which
all the humans have a right to lead its life with.
This case very rightly throws light upon the thinking’s of the humans that justify the idea that
when a person is taken into custody that does not prove him guilty of been committing a crime,

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and that person can also be pardoned. This case was basically popularized because it had
emphasized upon correcting the thinking of the members in the society. Some or the other kind
of humiliating situations can be practiced on the regular basis television stations and newspapers
but it is the duty of the police to never become a party to it or allow to capture incorrect evidence
or cover any person found in the custody (David Field, 2014).
This was not the end which was given to the story of Blackburn rather he was acquitted by the
Royal Commissions. He got professional help for all the severe depression he was undergoing at
the time when it was very difficult to talk about any of his faced experience. This was the time
when Blackburn was really confused regarding the ways in which he must face or answer the
question asked to him I.e. should he keep himself calm or be aggressive in nature and breakdown
upon the public for all the wrong done or told against him.
The report so made by the Royal commission after hearing and examining about all the
arguments and watching the evidences it was made clear that arrest of Blackburn was not done
according to the provisions of the law so all the charges against him were withdrawn. The
defense of plea of alibi was granted to Blackburn because the police had no adequate evidences
against him, they were just trying to deduce him into a fake case. Innocence of Blackburn was
hence proved and all the charges applied against him were dismissed. This situation was
considered as an attack on evidence law. Therefore the suppression of law and presentation of
fake evidences caused arrest as well as humiliation for the Blackburn so he is liable of getting

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remedies. But according to him no remedy can comply with the loss occurred to him i.e. the
mental as well as the reputational damages.
Thus to sum up with the above essay it was made very clear that due to lack of evidences by the
police Blackburn was given a clean check by the Royal Commission and was never taken before
the court as there were no relevant grounds for it. This case also asks the people of the society to
change their ways of presuming a situation that every time if a person is taken to custody is not
necessarily be considered as an offender. The media, Television and newspapers can collect the
topics and make fuss out of it, but the police officials must always maintain a decorum and never
try to target an destroy the image of an innocent person without any reason. They are bound
under the duty and must follow are the rules and regulations made for them and hence must not
be party to any gossips or fusses. This was a very interesting, widespread and unforgeable case.

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References
Cattle, S. R., 2016. The case for a southeastern Australian Dust Bowl, 1895–1945. Aeolian
Research, Volume 21, pp. 1-20..
David Field, K. O., 2014. Western Australian Evidence Law. Australia: LexisNexis
ButterworthS.
Hum, F. et al., 2019. Australian Uniform Evidence Law. Australia: Cambridge University Press.
Jackson, S., 2017. The Colonial Technologies and Practices of Australian Planning. In Planning
in Indigenous Australia. London: Routledge.
Roach, K., 2018. Balancing Police Independence and Political Responsibility for the Police:
Some Recent Developments in Australia, Canada, and the UK. Policing: A Journal of Policy and
Practice..