Post by Caslav Klonimirovic on Dec 2, 2009 22:57:14 GMT -5
news.ninemsn.com.au/world/979061/aussie-gets-20-years-for-murder-in-sofia
Aussie to appeal Sofia murder conviction14:48 AEST Thu Dec 3
The family of a 23-year-old Sydney man handed a 20-year prison sentence for the murder of a Bulgarian man say they will appeal the "ridiculous" ruling.
At the Sofia City Court in Bulgaria on Wednesday, Jock Palfreeman was found guilty of the murder of 20-year-old Bulgarian law student Andrei Monov and severely wounding Antoan Zahariev, 19, in a fight in Sofia on December 28, 2007.
The Sofia City Court also ordered Palfreeman to pay 400,000 leva ($A326,238) in compensation to the victim's family.
Palfreeman, who has been in custody since the incident, pleaded not guilty to charges of murder and attempted murder, claiming self-defence.
The former student of St Ignatius' College, Riverview, admitted he had been drinking alcohol before the fight.
However, he told the court he had run to help a Roma man (a member of an ethnic minority) who was being beaten by a group of drunken football fans.
His brother Spencer Palfreeman, 21, told AAP on Thursday the family would appeal the ruling, labelling it "ridiculous".
"The court's ruling was based on the fact that he (the victim) was stabbed from behind," he said.
"But forensic evidence showed he was stabbed from the front.
"When it comes to admitting official police statements that support my brother's case, if the prosecutor wishes to block them, they can."
Mr Palfreeman said the prosecutor in the case also relied on attacking his brother's and his lawyer's characters.
"The court proceedings I've seen over there run very differently and people are allowed to get very emotional," he said.
"The prosecutor wasn't looking to admit all evidence, he was purely going for a conviction."
He said the Australian government, through the Department of Foreign Affairs and Trade, was monitoring the case, but he felt the most important thing to do was to wait for the explanation of the rulings by the head judge.
"Because clearly we can't understand how he got to his ruling," he said.
"All independent evidence throughout the entire case supported Jock's accounts of the night.
"There's no logical way this result could have eventuated."
In the Bulgarian trial system, one judge presides over the case, as well as a secondary judge and three full-time jurors, he said.
"Everyone has an equal weighting, but very rarely does anyone go against the head judge's ruling," he said.
A supporters' website set up by family and friends also slammed the verdict as a "hideous perversion of justice".
Kay Danes, from the Foreign Prisoners Support Service, told AAP there appeared to be several violations of Palfreeman's judicial rights.
"They didn't afford ... the right to cross-examine, CCTV footage wasn't allowed. So how can it be called a fair trial when vital elements were missing?" she said.
"I don't honestly believe the outcome given to this young man would have been the same outcome given to him in Australia."
Palfreeman's father, Simon, a pathologist who attended the court session, called the verdict "extremely disappointing".
"I am convinced that my son's story is true," he said.
Spencer Palfreeman described his brother as a person who was passionate about human rights and was against violence.
Instead of his brother being labelled a hero, he had been given 20 years' jail, he said.
"All through his school years he was involved in community service and helping the elderly," he said.
"He's a wonderful human being who cares for people."
The family has 15 days to appeal to a higher court.
Aussie to appeal Sofia murder conviction14:48 AEST Thu Dec 3
The family of a 23-year-old Sydney man handed a 20-year prison sentence for the murder of a Bulgarian man say they will appeal the "ridiculous" ruling.
At the Sofia City Court in Bulgaria on Wednesday, Jock Palfreeman was found guilty of the murder of 20-year-old Bulgarian law student Andrei Monov and severely wounding Antoan Zahariev, 19, in a fight in Sofia on December 28, 2007.
The Sofia City Court also ordered Palfreeman to pay 400,000 leva ($A326,238) in compensation to the victim's family.
Palfreeman, who has been in custody since the incident, pleaded not guilty to charges of murder and attempted murder, claiming self-defence.
The former student of St Ignatius' College, Riverview, admitted he had been drinking alcohol before the fight.
However, he told the court he had run to help a Roma man (a member of an ethnic minority) who was being beaten by a group of drunken football fans.
His brother Spencer Palfreeman, 21, told AAP on Thursday the family would appeal the ruling, labelling it "ridiculous".
"The court's ruling was based on the fact that he (the victim) was stabbed from behind," he said.
"But forensic evidence showed he was stabbed from the front.
"When it comes to admitting official police statements that support my brother's case, if the prosecutor wishes to block them, they can."
Mr Palfreeman said the prosecutor in the case also relied on attacking his brother's and his lawyer's characters.
"The court proceedings I've seen over there run very differently and people are allowed to get very emotional," he said.
"The prosecutor wasn't looking to admit all evidence, he was purely going for a conviction."
He said the Australian government, through the Department of Foreign Affairs and Trade, was monitoring the case, but he felt the most important thing to do was to wait for the explanation of the rulings by the head judge.
"Because clearly we can't understand how he got to his ruling," he said.
"All independent evidence throughout the entire case supported Jock's accounts of the night.
"There's no logical way this result could have eventuated."
In the Bulgarian trial system, one judge presides over the case, as well as a secondary judge and three full-time jurors, he said.
"Everyone has an equal weighting, but very rarely does anyone go against the head judge's ruling," he said.
A supporters' website set up by family and friends also slammed the verdict as a "hideous perversion of justice".
Kay Danes, from the Foreign Prisoners Support Service, told AAP there appeared to be several violations of Palfreeman's judicial rights.
"They didn't afford ... the right to cross-examine, CCTV footage wasn't allowed. So how can it be called a fair trial when vital elements were missing?" she said.
"I don't honestly believe the outcome given to this young man would have been the same outcome given to him in Australia."
Palfreeman's father, Simon, a pathologist who attended the court session, called the verdict "extremely disappointing".
"I am convinced that my son's story is true," he said.
Spencer Palfreeman described his brother as a person who was passionate about human rights and was against violence.
Instead of his brother being labelled a hero, he had been given 20 years' jail, he said.
"All through his school years he was involved in community service and helping the elderly," he said.
"He's a wonderful human being who cares for people."
The family has 15 days to appeal to a higher court.