S2E42: “Extremely Unsatisfactory”

Day 42 of the Claremont Serial Killings trial started with a revelation which immediately led to a delay of proceedings for at least two days. That revelation was the discovery of more than 400 documents relating to testing of the crucial evidence - Ciara Glennon’s fingernails. Prosecutor Carmel Barbagallo started off proceedings by admitting the blunder to the court, which Justice Hall called ‘extremely unsatisfactory’. Ms Barbagallo revealed the documents were discovered during a briefing with PathWest witnesses ahead of their appliances, which was due to be this week. The defence received those documents just five minutes before court began. Before the trial started, it was revealed there would be at least one million documents presented by the prosecution. During preparation for the trial, Ms Barbagallo said PathWest found and scanned all of their documents relating to the case, but at least 400 were scanned and not sent to the defence, or never scanned at all. Both Justice Hall and defence lawyer Paul Yovich have asked PathWest for a statement explaining how it could have happened. When court resumed in two days, forensic scientist Aleks Bagdonavicius will continue his evidence. Joined by criminal defence lawyer Damien Cripps, who had some sympathetic words for the prosecution, Natalie Bonjolo, Tim Clarke and Alison Fan discuss what today's events mean for the trial moving forward, and debate whether it was in fact an unacceptable blunder, or just human error.  While court won’t be sitting, the podcast will continue, stay tuned for bonus episodes of Claremont in Conversation, and send in any questions you have from the trial so far to [email protected] omnystudio.com/listener for privacy information.