Leith Ratten
Encyclopedia
Leith Ratten is a convicted murderer from Echuca, Australia
whose case ignited controversy and national interest in the 1970s. Leading lawyers were convinced of his innocence.
stationed in Echuca responded to an emergency call at a home in Mitchell Street. They found a heavily-pregnant woman, Beverley Ratten, lying dead in the kitchen from a shotgun wound to the torso. Her upset husband, Leith Ratten, was removed for questioning. Beverley would later be interred in the Cheltenham Memorial Park, Melbourne.
During interview Ratten said he was cleaning an old rusty double-barrelled shotgun brought in from the garage when it fired, hitting his wife under the left armpit while she was in the kitchen at lunchtime. Ratten could not explain how the gun discharged or how it came to be loaded. Subsequent investigations revealed that Ratten was having an affair with Jennifer Kemp, the wife of a family friend, and had spoken to her on the morning of the shooting. He had also applied for a twelve-month posting to a base in Antarctica.
Following the case, Ratten's lawyers undertook four separate appeals on various grounds, one of which involved the exhumation of Beverley Ratten's body in 1973. All four appeals were dismissed. Despite the failure of his appeals there was considerable doubt about Ratten's conviction, many believing he was found guilty for the questionable morality of his marital infidelity rather than concrete evidence. His case was widely discussed among the legal fraternity while his cause was taken up by many notable lawyers and politicians, such as Don Chipp
.
Don Chipp
said that in 1971 Henry Winneke
had told him the convicted murderer Leith Ratten was innocent. In 1981 when Ratten had yet to be released, Chipp said Winneke denied the conversation had taken place. Later, a member of the Supreme Court at the time of Ratten's trial, told Tom Molomby Winneke had wanted to remove the jury from the trial. Such a move would require a belief that the evidence would not support a guilty verdict.
Ratten served his sentence, was a model prisoner and was released in 1983. He worked as a surveyor in Queensland
. However, in 1981 he had been advised he would likely be released and was given time on release to find a job, which he did. Then he heard via the radio that he would not be released. Politicians making the decision had allegedly been pressured by the police force. Further examination of the unfired cartridge was undertaken and he was released soon after
But in the late 1970s ABC TV did a program on Ratten in its "Beyond Reasonable Doubt" series. The program was researched and scripted by Tom Molomby who later organised a campaign lobbying politicians on Ratten's behalf.
A Sunday Observer beat up was severely criticised by the Press Council of Australia.http://beta.austlii.edu.au/au/other/apc/1977/8.html
A book, The Web of Circumstance, by Tom Molomby in 1978 argued Ratten was innocent. And Professor Colin Howard of Melbourne University wrote:
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
whose case ignited controversy and national interest in the 1970s. Leading lawyers were convinced of his innocence.
Background
On May 7, 1970 members of the Victoria PoliceVictoria Police
Victoria Police is the primary law enforcement agency of Victoria, Australia. , the Victoria Police has over 12,190 sworn members, along with over 400 recruits, reservists and Protective Service Officers, and over 2,900 civilian staff across 393 police stations.-Early history:The Victoria Police...
stationed in Echuca responded to an emergency call at a home in Mitchell Street. They found a heavily-pregnant woman, Beverley Ratten, lying dead in the kitchen from a shotgun wound to the torso. Her upset husband, Leith Ratten, was removed for questioning. Beverley would later be interred in the Cheltenham Memorial Park, Melbourne.
During interview Ratten said he was cleaning an old rusty double-barrelled shotgun brought in from the garage when it fired, hitting his wife under the left armpit while she was in the kitchen at lunchtime. Ratten could not explain how the gun discharged or how it came to be loaded. Subsequent investigations revealed that Ratten was having an affair with Jennifer Kemp, the wife of a family friend, and had spoken to her on the morning of the shooting. He had also applied for a twelve-month posting to a base in Antarctica.
Trial and appeals
Ratten was committed to trial for murder and the hearing took place in August, 1970 in the nearby town of Shepparton, Victoria. Despite the assertions of Ratten's defence counsel that the shooting was accidental and evidence against him was circumstantial, the jury found Ratten guilty and he was sentenced to death. This was later commuted to 25 years' prison.Following the case, Ratten's lawyers undertook four separate appeals on various grounds, one of which involved the exhumation of Beverley Ratten's body in 1973. All four appeals were dismissed. Despite the failure of his appeals there was considerable doubt about Ratten's conviction, many believing he was found guilty for the questionable morality of his marital infidelity rather than concrete evidence. His case was widely discussed among the legal fraternity while his cause was taken up by many notable lawyers and politicians, such as Don Chipp
Don Chipp
Donald Leslie Chipp, AO was an Australian politician, and the inaugural leader of the Australian Democrats.-Early life:...
.
Don Chipp
Don Chipp
Donald Leslie Chipp, AO was an Australian politician, and the inaugural leader of the Australian Democrats.-Early life:...
said that in 1971 Henry Winneke
Henry Winneke
Sir Henry Arthur Winneke AC, KCMG, KCVO, OBE, KStJ, QC was a Chief Justice of the Supreme Court of Victoria and Governor of Victoria.- Early life and career :...
had told him the convicted murderer Leith Ratten was innocent. In 1981 when Ratten had yet to be released, Chipp said Winneke denied the conversation had taken place. Later, a member of the Supreme Court at the time of Ratten's trial, told Tom Molomby Winneke had wanted to remove the jury from the trial. Such a move would require a belief that the evidence would not support a guilty verdict.
Ratten served his sentence, was a model prisoner and was released in 1983. He worked as a surveyor in Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
. However, in 1981 he had been advised he would likely be released and was given time on release to find a job, which he did. Then he heard via the radio that he would not be released. Politicians making the decision had allegedly been pressured by the police force. Further examination of the unfired cartridge was undertaken and he was released soon after
Media coverage
Ratten's family had been advised that he would be released early if there was no fuss.But in the late 1970s ABC TV did a program on Ratten in its "Beyond Reasonable Doubt" series. The program was researched and scripted by Tom Molomby who later organised a campaign lobbying politicians on Ratten's behalf.
A Sunday Observer beat up was severely criticised by the Press Council of Australia.http://beta.austlii.edu.au/au/other/apc/1977/8.html
A book, The Web of Circumstance, by Tom Molomby in 1978 argued Ratten was innocent. And Professor Colin Howard of Melbourne University wrote:
- "After reading his scrupulous and impartial account I share the author's belief that there can be no doubt left that Ratten did not murder his wife."