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Bob Bain

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Ned Kelly was innocent ! [Oct. 27th, 2003|01:45 pm]
Bob Bain
http://www.smh.com.au/articles/2002/06/20/1023864476130.html

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"Justice and the desire for it are somewhat mythical in Australia," said Mr Murphy.

Mr Kelly's first problem was that no one wanted to take his case so he ended up with the least experienced barrister at the Melbourne bar. Mr Murphy would do better than that.

The lawyer said the first move he would have made on Mr Kelly's behalf would be to try to secure a sympathetic jury. What passed for opinion polls of the day showed that three out of four males in the country where Ned roamed were sympathetic to his cause. He was therefore a marketable accused. "He would have been entitled to a jury of his own folk just as Sir Joh Bjelke-Petersen was," said Mr Murphy.

Although provocation was not legally a defence, juries sometimes took it into account, he said. He would raise the matter of provocation because the police had made it clear they were out "to get" his hypothetical client.

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