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Posted: 2019-10-01 03:54:06

Updated October 01, 2019 14:23:12

David Harold Eastman, who was jailed for nearly 20 years for the murder of a senior Australian Federal Police officer, has spoken publicly for the first time since he was acquitted last year.

Key points:

  • David Eastman rejected an ex gratia payment offer and is instead seeking compensation for his wrongful imprisonment
  • He says his conviction cost him a career, a family and the ability to pursue his dreams
  • Mr Eastman's court case has already cost the ACT $30 million

At an ACT Supreme Court hearing into whether he should be paid compensation for wrongful imprisonment, he recounted the "relief" of his first taste of freedom.

Mr Eastman described the "beautiful atmosphere" at the McDonalds restaurant where he had his first post-prison meal, and was able to mix again with ordinary people.

Mr Eastman was first released on bail in 2014 after an inquiry found there had been a miscarriage of justice because of flaws in the forensic evidence used to convict him of murdering Assistant AFP Commissioner Colin Winchester.

Today Mr Eastman spoke of his "gratitude" on his release and said some St Vincent de Paul Society volunteers had given him civilian clothes.

"I felt a tremendous feeling of elation," Mr Eastman told the court.

"[But] I was disappointed that I was released on bail … I had hoped the conviction would be quashed."

Mr Eastman was finally cleared of the crime last year after a second trial found him not guilty.

David Eastman rejected ex gratia payment

Assistant Australian Federal Police Commissioner Colin Winchester was shot dead as he got out of his car in a driveway in suburban Canberra in 1989.

Former public servant David Eastman was jailed for life for the crime in 1995, after he was found guilty by a jury.

Over the years there were a string of court appeals, including to the High Court as Mr Eastman protested his innocence.

The second trial went for nearly six months, and the jury deliberated for a week, until Mr Eastman was eventually acquitted.

The case has already cost the ACT more than $30 million, but that could be substantially more if Mr Eastman succeeds with his claim for compensation.

Former public servant says he lost ability to 'pursue dreams'

Today Mr Eastman's lawyers said the territory did make an offer of an act of grace payment to Mr Eastman, but "the fact of the matter is that he did not accept it".

"The Treasurer wanted him to sign away all of his rights under the Human Rights Act and abandon this proceeding in return for the money," Barrister Lisa De Ferrari said.

"We say that's an extraordinary condition."

The court heard Mr Eastman wants the court to recognise he has a right to compensation, and for the court to determine how much that should be.

Ms De Farrari told the court the case was about the principles by which compensation should be paid under the ACT's Human Rights Act.

"We accept it's a novel issue, but we also say it's relatively simple," she said.

Mr Eastman described his circumstance over the last 25 years as being an "incarcerated economist".

"I've lost the ability to pursue any dreams," he said.

"The loss of opportunity to get married and have children, which was a dream, the loss of opportunity to pursue a career."

He said he is still hoping to find work but now lives on the aged pension.

Mr Eastman appeared in court with his arm in a sling, after he tripped over on a broken footpath.

Topics: police, law-crime-and-justice, crime, murder-and-manslaughter, courts-and-trials, canberra-2600, act

First posted October 01, 2019 13:54:06

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