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Help Ambrose and Xavier Clarke Fight for Justice Two brothers convicted of murder. Their original convictions overturned. Critical prosecution evidence excluded at retrial. No new prosecution evidence. Medical experts in agreement. Yet the convictions remain. Ambrose and Xavier Clarke are continuing their fight for justice following their convictions for the alleged murder of Peter Davis in Western Australia. Their original convictions were overturned by the Western Australian Court of Appeal in 2018 following serious challenges to the medical evidence concerning the cause of death.At their subsequent 17-week retrial in 2019, the prosecution presented a substantially weaker case than at the original seven-week trial. Crucial medical evidence previously relied upon by the prosecution was excluded following a pretrial hearing. In a separate hearing, cell-tower billing evidence intended to place the brothers near the alleged crime scene was also excluded. The prosecution introduced no new evidence, while the defence presented expert testimony challenging the remaining prosecution evidence. No forensic evidence placed either brother at the alleged crime scene at the relevant time. Most significantly, the prosecution’s own forensic pathologist, acting on behalf of the WA Coroner, agreed with the defence medical experts that Peter Davis died from a fatal cardiac arrhythmia associated with severe underlying heart disease.The experts agreed that his injuries had not caused his death and could not determine whether stress from an alleged altercation had contributed to the fatal event. This distinction was critical: the possibility that stress might trigger a cardiac event does not, by itself, establish that an alleged altercation caused the death of a particular individual.During the retrial, the judge directed the jury on the importance of establishing causation beyond reasonable doubt, explaining that a possible trigger was insufficient on its own to establish criminal responsibility for murder. The jury was also directed on the necessity of establishing the brothers’ involvement at the relevant time. Despite the exclusion of important prosecution evidence, the absence of new prosecution evidence, and the medical consensus concerning the cause of death, the brothers were again convicted of murder. Further Concerns About the Fairness of the Retrial During the retrial, a police witness recognised a juror as a friend of an investigating officer and notified the court.The trial judge raised the matter with the prosecution and defence. The trial proceeded without the juror being removed.The circumstances of this disclosure raise further questions about the impartiality of the jury and the fairness of the proceedings. An Unsuccessful Appeal — But Serious Questions Remain The brothers subsequently appealed their convictions before the same three judges who had overturned their original convictions.The appeal was unsuccessful. The brothers and their supporters maintain that the appellate decision failed to adequately address the fundamental weaknesses in the prosecution’s case, particularly the medical consensus concerning causation and the absence of reliable forensic evidence placing either brother at the alleged crime scene. They question how the convictions could be sustained when the medical experts could not establish that an alleged altercation contributed to Peter Davis’s death, and when important evidence previously relied upon by the prosecution had been excluded. A murder conviction requires proof beyond reasonable doubt. A possible explanation for a death is not necessarily proof of its cause, and suspicion cannot substitute for evidence establishing the essential elements of the offence. Why We Are Raising Funds After years of legal proceedings, Ambrose and Xavier Clarke continue to seek an independent and thorough reconsideration of their convictions. The Miscarriage of Justice Support Fund Inc. is raising funds to assist with the next stage of their legal challenge, potentially including:<ul><li>A further appeal, subject to the applicable legal requirements.</li><li>An application for the exercise of the Royal Prerogative of Mercy (Royal Pardon).</li><li>Independent legal and medico-legal review of the evidence and previous judgments.</li><li>Preparation of legal submissions, expert reports and supporting documentation.</li></ul>The lengthy legal proceedings have already placed an enormous financial burden on the brothers and their families.Your donation will help fund the professional legal and investigative work necessary to pursue the remaining avenues of justice. Please Help Us Seek Justice This campaign is not asking anyone to prejudge the outcome. It is asking that serious questions about the reliability of two murder convictions receive the careful, independent scrutiny they deserve. When critical prosecution evidence has been excluded, medical experts agree on the limits of what can be established about the cause of death, and fundamental questions about proof remain unresolved, the pursuit of justice must continue. Every donation, large or small, can make a difference.Please support Ambrose and Xavier Clarke in their continuing fight for justice.

Miscarriage of Justice Support Fund inc.

Clarke Brothers

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