Commentary: Van Beelen [2016] SASCFC 71

On 15 July 1971, Deborah Leach was found dead on the beach. Dr. Manock, the State forensic pathologist, used stomach content analysis to determine the time of Leach’s death. Manock concluded that death was between 4:00 p.m. and 4:30 p.m. Only Mr. Van Beelen had been witnessed on the beach during this time. Van Beelen was convicted of Leach’s murder in 1973.1 His conviction was upheld on appeal.2 In 2013, South Australian appellate law was amended to permit second and subsequent appeals if there was “fresh” and “compelling” evidence.3 This reversed the common law position that allowed for only a single, perfected appeal.4 Van Beelen’s case was subsequently appealed in 2016.5 The defense argued that scientific development concerning stomach content analysis constituted fresh and compelling evidence. The Appeal Court rejected that argument by majority.