- A woman jailed in 2010 for sex offences 33 years ago against two boys aged eight has been freed after Victoria’s highest court quashed convictions and acquitted her.
Three Court of Appeal judges acted after a barrister for the woman, who was then a primary school teacher, submitted there was a real possibility an innocent person had been convicted.
The release of Josephine Greensill – who served almost 2 1/2 years after a jury found her guilty of offences allegedly committed in 1979 – came after allegations that her accusers colluded against her.
Ms Greensill, 61, has spoken about how she wept after her acquittal and was too scared to believe her horrendous experience was over.
Annette Toohey also relived the hell after the verdict, the tears and her sister’s anxiety that former students would think her a paedophile. Ms Greensill’s solicitor, Rob Stary, said the court’s decision reinforced his faith in the criminal justice system and the rule of law.
Her appeal barrister, Lachlan Carter, said there was a real stench about some aspects of the case.
Mr Carter told Justices Robert Redlich, Robert Osborn and Phillip Priest they ought to hold a doubt about Ms Greensill’s guilt and acquit her of nine counts of indecent assault. Ms Greensill, then 28 and a teacher of the boys – Jim and Dan – was charged after they, now aged 41 and 42, made police statements in 2007.
Judge Gabriele Cannon in the County Court jailed Ms Greensill for five years with a minimum of two years and eight months and said her premeditated offending had poisoned and eroded much of the complainants’ lives.
Mr Carter argued last month the convictions were unsafe for reasons that included a high risk of collusion between the men that had contaminated the evidence.
He said a detective, against accepted practice, facilitated contact between Jim and Dan after Dan told him he first wanted to speak to Jim – who had already made a statement – before making his statement.
Mr Carter noted that at the trial both men denied this under oath, despite the detective’s sworn evidence to the contrary, and also denied having spoken to each other since 1979.
Dan has said earlier the information he provided was what police were looking for and had suited their requirements , to which Mr Carter commented: “I mean, its got a real stench about (it), with respect.”
He also submitted other evidence that supported collusion, including both men identifying another teacher by the wrong name and using common language in their statements.
Mr Carter said Jim also had a motive to implicate Ms Greensill for money because he knew she had received a payout over her husband’s death. Jim denied this at the trial, saying he just wanted the truth to come out.
Mr Carter, however, in what he deemed new evidence, revealed that a week after Ms Greensill’s sentence a solicitor arranged an appointment that later led to a $65,000 compensation payout to Jim.
But Mr Carter said the heart of the case was whether boys of eight could have full and complete vaginal intercourse, which he submitted was previously unheard of in Australian sentencing law. When Justice Redlich said the bench could hardly go as far as to say (that) preposterous or utterly implausable”, Mr Carter replied it could say it strains credibility.
In response, Chief Crown prosecutor Gavin Silbert, SC, conceded that no one could say we are not troubled by this case and that it raises alarm bells. But Mr Silbert said the court should not assume such intercourse was physically impossible.
When asked by Justice Redlich how the jury could not have had serious reservations whether there was some communication between the complainants, Mr Silbert said they were closely cross-examined about it and ultimately the jury believed them. The court is yet to publish its reasons – Steve Butcher
