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John Button (campaigner)
Encyclopedia
John Button, born in Liverpool, England on 9 February 1944, is a Western Australian who was the victim of a significant miscarriage of justice
.
, by vehicle impact, of his girlfriend, Rosemary Anderson, in 1963.
On 9 February 1963 19 year old Button and his 17 year old girlfriend Rosemary Anderson were celebrating his birthday at his parents' house when they argued and Anderson decided to walk home. Button followed her in his car but she refused to get in and continued walking. Button smoked a cigarette before driving on to find her lying injured on the side of the road. He then took her to the surgery of a local GP, Dr Quinlivan, who contacted the police, organised an ambulance to transfer the still living but unconscious Anderson to Fremantle Hospital where she died shortly before entering surgery. Dr Quinlan instructed Button to remain for the police, who arrived at the house and commenced their investigation, transferring him to Central Police Station after a short review of the road site where the murder took place. Button had a bad stutter and police interpreted this as being due to the questions he was being asked. Button was refused access to his parents or a lawyer and was hit once by an interviewing police officer before finally confessing to killing Anderson after 22 hours of interrogation.
Charged with wilful murder, for which he could have been executed, the jury's lesser conviction of manslaughter brought him a sentence of 10 years imprisonment, of which he served 5 years in Fremantle Prison
and Karnet Prison Farm
, before being paroled. The serial killer
, Eric Edgar Cooke
, confessed to the murder of Anderson when arrested, giving details withheld by police that only the killer would have known, and again when on death row
, including immediately before his execution, at which point he swore on a Bible that he was the offender. At Button's subsequent appeal, little credence was given to Cooke's testimony as the vehicle Cooke claimed he had used had an external steel sunvisor, the appeal judges did not believe a body could be thrown "over the roof" as Cooke claimed without ripping the visor off and dismissed the appeal.
Cooke was, coincidentally, held on the segregated Death Row in Fremantle Prison before his execution while Button and Darryl Beamish
(also falsely convicted of a murder perpetrated by Cooke) were incarcerated in Fremantle Prison, in Main Division.
, advanced the cause of Button's vindication through her book Broken Lives
. Following the book's publication, the matter went before the courts again with Button represented by Tom Percy QC
and Jonathan Davies.
At the original trial the strongest evidence apart from Button's confession was that his 1962 Simca
Aronde had damage consistent with an accident. Trevor Condron was the police officer who had examined John Button's Simca in 1963 but he had not been asked what could have caused the damage at the trial. He told the appeals court that while the car was damaged, the damage was not consistent with hitting a person and that three weeks before Anderson's death, Button had reported to police an accident with a Ford
Prefect that had caused matching damage to that seen by Condron. This accident report had been known to police at the original trial but been discounted as irrelevant. The court also heard from Dr Neil Turner who had treated Anderson. He claimed that her injuries were not consistent with Button's vehicle. The world's leading pedestrian accident expert, American William "Rusty" Haight, was flown to Australia and testified that experiments with a biomedical human-form dummy, a similar Simca to Button's and an EJ Holden
similar to the one Cooke claimed he was driving when he hit Anderson, matched exactly Cooke's account and excluded the Simca.
Button self-published a book in 1998 titled "Why Me Lord!" which told of his ordeal.
On 25 February 2002, the Court of Criminal Appeal
quashed Button's conviction after evidence from vehicle crash experts proved that Cooke was most likely the culprit. In a televised interview six months after Button's conviction was quashed, Rosemary Anderson's family refused to embrace the finding and still maintained that Cooke did not kill their daughter and that Button was guilty. Following a meeting with the W.A. Director of Public Prosecutions to discuss the court's findings, the Anderson's accepted that Button's innocence was proven but either way, as her escort on the night John Button was still responsible for her safety.
Button now spearheads the Western Australian Innocence Project which aims to free the wrongfully convicted.
Miscarriage of justice
A miscarriage of justice primarily is the conviction and punishment of a person for a crime they did not commit. The term can also apply to errors in the other direction—"errors of impunity", and to civil cases. Most criminal justice systems have some means to overturn, or "quash", a wrongful...
.
Conviction
Button was wrongfully convicted of the manslaughterManslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
, by vehicle impact, of his girlfriend, Rosemary Anderson, in 1963.
On 9 February 1963 19 year old Button and his 17 year old girlfriend Rosemary Anderson were celebrating his birthday at his parents' house when they argued and Anderson decided to walk home. Button followed her in his car but she refused to get in and continued walking. Button smoked a cigarette before driving on to find her lying injured on the side of the road. He then took her to the surgery of a local GP, Dr Quinlivan, who contacted the police, organised an ambulance to transfer the still living but unconscious Anderson to Fremantle Hospital where she died shortly before entering surgery. Dr Quinlan instructed Button to remain for the police, who arrived at the house and commenced their investigation, transferring him to Central Police Station after a short review of the road site where the murder took place. Button had a bad stutter and police interpreted this as being due to the questions he was being asked. Button was refused access to his parents or a lawyer and was hit once by an interviewing police officer before finally confessing to killing Anderson after 22 hours of interrogation.
Charged with wilful murder, for which he could have been executed, the jury's lesser conviction of manslaughter brought him a sentence of 10 years imprisonment, of which he served 5 years in Fremantle Prison
Fremantle Prison
Fremantle Prison is a former Australian prison located in The Terrace, Fremantle, in Western Australia. The site includes the prison, gatehouse, perimeter walls, cottages, tunnels, and prisoner art...
and Karnet Prison Farm
Karnet Prison
Karnet Prison Farm is a minimum security Australian prison located from Serpentine, Western Australia. The prison farm, located on a property, provides meat, eggs, and vegetables for the entire prison system in Western Australia...
, before being paroled. The serial killer
Serial killer
A serial killer, as typically defined, is an individual who has murdered three or more people over a period of more than a month, with down time between the murders, and whose motivation for killing is usually based on psychological gratification...
, Eric Edgar Cooke
Eric Edgar Cooke
Eric Edgar Cooke nicknamed The Night Caller was an Australian serial killer. From 1959 to 1963, he terrorised the city of Perth, Western Australia, by committing 22 violent crimes, eight of which resulted in deaths....
, confessed to the murder of Anderson when arrested, giving details withheld by police that only the killer would have known, and again when on death row
Death row
Death row signifies the place, often a section of a prison, that houses individuals awaiting execution. The term is also used figuratively to describe the state of awaiting execution , even in places where no special facility or separate unit for condemned inmates exists.After individuals are found...
, including immediately before his execution, at which point he swore on a Bible that he was the offender. At Button's subsequent appeal, little credence was given to Cooke's testimony as the vehicle Cooke claimed he had used had an external steel sunvisor, the appeal judges did not believe a body could be thrown "over the roof" as Cooke claimed without ripping the visor off and dismissed the appeal.
Cooke was, coincidentally, held on the segregated Death Row in Fremantle Prison before his execution while Button and Darryl Beamish
Darryl Beamish
Darryl Beamish is a Western Australian who was wrongfully convicted of willful murder in 1961 and sentenced to hang. The death sentence was commuted to life imprisonment and he served 15 years....
(also falsely convicted of a murder perpetrated by Cooke) were incarcerated in Fremantle Prison, in Main Division.
Vindication
Several appeals to courts or for ministerial intervention were unsuccessful. In 1998, a Western Australian journalist, Estelle BlackburnEstelle Blackburn
Estelle Blackburn is a journalist who has played a crucial role in the review of some controversial criminal cases in Western Australia.-Early life:...
, advanced the cause of Button's vindication through her book Broken Lives
Broken Lives
Broken Lives was written by Estelle Blackburn between 1992 and 1998. The book is about the false imprisonment of two people, John Button and Darryl Beamish who were both convicted for murders that were later proved to be committed by Eric Cooke....
. Following the book's publication, the matter went before the courts again with Button represented by Tom Percy QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
and Jonathan Davies.
At the original trial the strongest evidence apart from Button's confession was that his 1962 Simca
Simca
Simca was a French automaker, founded in November 1934 by Fiat. It was directed from July 1935 to May 1963 by the Italian Henri Théodore Pigozzi...
Aronde had damage consistent with an accident. Trevor Condron was the police officer who had examined John Button's Simca in 1963 but he had not been asked what could have caused the damage at the trial. He told the appeals court that while the car was damaged, the damage was not consistent with hitting a person and that three weeks before Anderson's death, Button had reported to police an accident with a Ford
Ford Motor Company
Ford Motor Company is an American multinational automaker based in Dearborn, Michigan, a suburb of Detroit. The automaker was founded by Henry Ford and incorporated on June 16, 1903. In addition to the Ford and Lincoln brands, Ford also owns a small stake in Mazda in Japan and Aston Martin in the UK...
Prefect that had caused matching damage to that seen by Condron. This accident report had been known to police at the original trial but been discounted as irrelevant. The court also heard from Dr Neil Turner who had treated Anderson. He claimed that her injuries were not consistent with Button's vehicle. The world's leading pedestrian accident expert, American William "Rusty" Haight, was flown to Australia and testified that experiments with a biomedical human-form dummy, a similar Simca to Button's and an EJ Holden
Holden
GM Holden Ltd is an automaker that operates in Australia, based in Port Melbourne, Victoria. The company was founded in 1856 as a saddlery manufacturer. In 1908 it moved into the automotive field, before becoming a subsidiary of the U.S.-based General Motors in 1931...
similar to the one Cooke claimed he was driving when he hit Anderson, matched exactly Cooke's account and excluded the Simca.
Button self-published a book in 1998 titled "Why Me Lord!" which told of his ordeal.
On 25 February 2002, the Court of Criminal Appeal
Supreme Court of Western Australia
The Supreme Court of Western Australia is the highest state court in the Australian State of Western Australia. It has unlimited jurisdiction within the state in civil matters , and hears the most serious criminal matters.The Supreme Court consists of a General Division The Supreme Court of Western...
quashed Button's conviction after evidence from vehicle crash experts proved that Cooke was most likely the culprit. In a televised interview six months after Button's conviction was quashed, Rosemary Anderson's family refused to embrace the finding and still maintained that Cooke did not kill their daughter and that Button was guilty. Following a meeting with the W.A. Director of Public Prosecutions to discuss the court's findings, the Anderson's accepted that Button's innocence was proven but either way, as her escort on the night John Button was still responsible for her safety.
Button now spearheads the Western Australian Innocence Project which aims to free the wrongfully convicted.