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An Aboriginal man with cognitive impairment has walked free from jail after almost five years behind bars, with WA's highest court overturning his conviction for the bashing death of Josh Warneke outside Broome.
Gene Gibson, from the Western Desert community of Kiwirrkurra, had pleaded guilty to the manslaughter of Mr Warneke, who was found dead on the side of a road after leaving a nightclub in February 2010.
However, Mr Gibson's conviction was set aside in a unanimous decision by the Court of Appeal.
He was released from Casuarina Prison near Perth just before 11:30am.
Mr Gibson, 25, was sentenced in 2014 to seven-and-a-half years in jail after admitting the unlawful killing of Mr Warneke, 21.
But Mr Gibson — who speaks limited English and whose first language is the traditional desert language of Pintupi — argued he did not understand the court process or the instructions given to him through an interpreter when he entered his plea.
Testifying at the appeal earlier this month, he told the court via an interpreter that he did not kill Mr Warneke and said police had not listened to his story.
The court also heard he was advised to plead guilty after he was implicated in witness statements — and it was not until after he had done so that two incriminating witnesses recanted their evidence.
Expert witnesses said Mr Gibson's limited English was compounded by mental impairment.
The court is yet to publish its reasons for throwing out the conviction.
Gibson innocent, Josh Warneke's mum says
Josh Warneke's mother Ingrid Bishop welcomed the verdict and described it as a "great day as it's the beginning of the next stage of Gene Gibson's life".
"I am so happy for Gene and his family ... to see him walk free is one of the most profound moments of my life," she said.
"As I have said over the past several years, Gene is innocent.
"The appeal process has highlighted numerous deficiencies and incompetence in how Aboriginal Legal Services managed Gene's case.
"The very agency tasked with protecting and supporting Gene, failed, and failed dismally and has taken the process of justice back 50 years for Aboriginal Australians.
"There must be consequences for this as Gene and his family have borne the full impact of this failure."
Mr Gibson's lawyer Michael Lundberg also welcomed the ruling.
"Gene is, of course, very happy with today's decision," he said.
"It's important to note that there are no winners in this matter, though. Gene has been in custody since he was arrested ... he's been away from his country for a long time and is very keen to return and be with his family.
"There is also the reality that the life of another young man, Josh Warneke, came to an end in Broome seven years ago.
"Josh and Gene have never met, but their lives are now intertwined.
"We wish to acknowledge in that regard Josh's mother, Ingrid Bishop, who has publicly supported our client's cause, and we hope in the future she obtains the justice she and her family deserve."
Police prepare new Warneke investigation
WA Police Commissioner Karl O'Callaghan said the Special Crime Squad would carry out a fresh probe into Mr Warneke's death.
"This is a new investigation so we will reinvestigate the whole thing from the bottom and start again. We will have some leads already but this is basically a new investigation," he said.
Ms Gibson said her family was looking forward to the case being reopened with a fresh start.
Meanwhile, Mr O'Callaghan said he planned to meet Mr Gibson to apologise for the role police played in his conviction.
"Police were only part of a system or one part of a system that failed Josh Warneke, Gene Gibson, the men's families and the broader community," he said.
"We deeply regret how our failures contributed to this and have tried to set things straight."
Mr Gibson was originally charged with murder in August 2012, but it was downgraded after police were found to have bungled a police interview.
A Corruption and Crime Commission (CCC) investigation into the death of Mr Warneke later exposed "systemic failures" within WA Police.
It focussed in particular on what it called a "series of flawed police interviews" with Mr Gibson in 2012, saying detectives ignored local officers' advice to redo their interview and arrange an interpreter.
A subsequent internal investigation by WA Police left two officers facing disciplinary action after it found they had the "knowledge" and "capacity" to have done a better job.
Topics: murder-and-manslaughter, police, courts-and-trials, broome-6725, perth-6000, wa
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