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Burrell sentenced to life for Whelan murder?

No Body | 09.08.2006 03:25 | Analysis | Repression | Social Struggles | World

In his defence, his lawyers argued that the prosecution case was based on speculative and intrinsically flawed circumstantial evidence. What's more, Bruce Burrell's lawyers pointed out there wasn't a shred of forensic evidence linking him to the crime. Not a single hair, not even a microscopic trace of Kerry Whelan's DNA was ever found, despite extensive searches of his cars and property. But the jury's guilty verdict demonstrates that a strong circumstantial case can be sufficient to ensure a conviction?

There wasn't a shred of forensic evidence?
There wasn't a shred of forensic evidence?


AUSTRALIA: SYDNEY: The man convicted of murdering Sydney woman Kerry Whelan has been sentenced to life imprisonment.

Bruce Burrell, 53, stood silently as Justice Graham Barr handed down the life sentence for the 1997 murder of Mrs Whelan.

The mother of three disappeared from Parramatta in Sydney's west in May of that year; her body has never been found.

In sentencing Burrell, Justice Barr said he had shown no remorse for the cold and clinical planning of Mrs Whelan's kidnap and murder.

Burrell has been sentenced to life in prison for the murder and has received a 16-year sentence for the kidnapping.

Speaking outside the court, Mrs Whelan's former husband, Bernie, said the family was satisfied with the sentence but would never be happy because of the loss of their wife and mother.

Burell obviously had nothing to say?

After a lengthy police investigation, a coronial inquest and two long-running murder trials, today a jury found prime suspect Bruce Burrell guilty of the kidnap and murder of Sydney woman Kerry Whelan nearly 10 years ago.

The jury accepted the prosecution case that Burrell abducted and murdered Mrs Whelan in a desperate attempt to demand more than $1 million ransom from her husband, a wealthy industrialist. This afternoon's verdict put paid to fears that the second trial would again end inconclusively with another hung jury. It was Bruce Burrell's first trial that was partly responsible for prompting the NSW Government to introduce majority verdicts in criminal trials. Now the one remaining mystery - and a tough, emotional burden for the family - is to find Kerry Whelan's body.

But during the 2nd trial, the prosecution argued another security camera image showed a four-wheel drive Mitsubishi Pajero parked near where Kerry Whelan disappeared. It was similar to one in Bruce Burrell's possession at the time. Then, when police searched Bruce Burrell's isolated farm south-west of Sydney they discovered a street directory with the location of the hotel car park specifically highlighted.

Also found were two dot point notes which the prosecution said were drafts of the ransom note sent to Bernard Whelan. Police also searched old mine shafts and caves dotting the rugged property, though it failed to turn up any trace of Kerry Whelan. The trial also heard that on the same day that Bruce Burrell's property was the focus of police and media attention, someone purporting to be the kidnapper called Bernard Whelan's office. The caller instructed the receptionist to tell her boss to call off the police and the media. That call was traced to a public phone at Goulburn not far from Bruce Burrell's property. It was also a phone used by Bruce Burrell that very day.

Related:

Majority Verdicts: Illegal and Dangerous

Mr Debus says while the Law Reform Commission recommended keeping unanimous verdicts, he has been persuaded by both the Director of Public Prosecutions and the head of the District Court, who want majority verdicts brought in.

The Bruce Burrell case was brought down by a single juror who refused to be swayed in his conviction that Mr Burrell is innocent.

 http://melbourne.indymedia.org/news/2005/11/98989_comment.php

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