Chamberlain bail request

Press, 13 November 1982, Page 1

Chamberlain bail request

NZPA-Reuter Darwin An application to free the convicted murderess. Lynne Chamberlain, pending an appeal against her conviction will be heard in the Federal Court in Sydney next week. The application was lodged before the Acting Chief Justice of the Northern Territory. Mr Justice Muirhead. in the Federal Court at Darwin yesterday afternoon. His Honour sentenced Mrs Chamberlain to a mandatory life sentence on October 29, after she was found guilty by a jury in the Northern Territory Supreme Court of the murder of her daughter. Azaria. aged nine weeks, at Ayers Rock on August 17.

1980. His Honour said it would be in the interests of justice that he did not hear the bail application yesterday. “I propose to exercise my power to direct that' the proceedings be removed to Sydney for determination." he said. The bail application was lodged by an Australian Legal Aid service solicitor, Mr Gregory Cavanagh, and was opposed by Mr Tom Pauling for the Crown. Both men were in the Crown and defence teams during the seven week trial which ended with the conviction Of Mrs Chamberlain and her husband, Michael, who was found guilty of being an accessory after the fact of

the murder. His Honour told Mr Cavanagh yesterday that the bail application would be heard by three judges in the Federal Court in Sydney on November 18 at 10 a.m. Mr Cavanagh and Mr Pauling did not oppose his Honour’s order for next week’s hearing. Mr Cavanagh told the Court that further evidence to support the bail application would be collected in the next few days. The bail application, if successful,. would prevent Mrs Chamberlain from losing custody of her new baby, which is expected to be born in the next few days. The Northern Territory Government has ruled that

she would not be allowed to keep the baby with her in jail. Mrs Chamberlain had asked the authorities if she could keep the child until school age. The Government has not announced when the mother , and baby will be parted but it is expected to be immediately after the birth. i if the bail application is : not successful the baby is expected to go to Mr i Chamberlain who has been caring for his two sons ■ Alden, aged nine, and Reagan, aged six. at Avondale College. -Cooranbong, . near Newcastle. i Mr Chamberlain has spent the last tew days in Darwin r visiting his wife ancLdiscusst ing future custody of the

child with the Northern Territory Government authorities. Lawyers for the Chamberlains said in a seven-page notice of appeal lodged with the Federal Court registrar in Darwin on Monday that Mr Justice Muirhead had misdirected the jury and erred in admitting certain evidence during the trial. The Chamberlains seek an order that the verdict ana judgment in respect of each of them be set aside and that verdicts of not guilty be entered, or that new trials be granted. Both accused pleaded not guilty at their trial and swore on oath that a dingo had taken their baby.