Mr Matthews replied: âWe submit that theyâre not.â
âThrough the misconduct from an arm of the state this man has not had a trial according to law for 20 years and counting.â
Mr Matthews said Supreme Court Justice David Beach, who refused bail in November, put too great an emphasis on submissions by prosecutors that the case against Mr Roberts was strong, that the charges were serious and that he would face a long sentence if convicted at retrial.
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Those factors had little bearing on whether bail was warranted, Mr Matthews said, and Justice Beachâs decision was a misapplication of the law and âlegally incorrectâ.