Information on the Court of Appeal case of Faruk Orman v The Queen.

The Court of Appeal case of Faruk Orman v The Queen has concluded.

On 26 July 2019, the Court of Appeal (President of the Court of Appeal Justice Chris Maxwell, Justice Richard Niall and Justice Karin Emerton) ordered that Mr Orman’s appeal be allowed, his conviction for murder be set aside, and a judgment of acquittal be entered instead.

 

Case Summary

On 29 September 2009, Faruk Orman was found guilty by a Supreme Court jury of the murder of Victor Peirce.  He was sentenced to 20 years’ imprisonment, and a non-parole period of 14 years was fixed.

On 21 September 2010, the Court of Appeal refused Mr Orman’s application for leave to appeal against the conviction and, in February 2011, the High Court refused special leave to appeal.

On 4 February 2019, Mr Orman, filed a petition of mercy with the Victorian Attorney-General, seeking a referral to the Court of Appeal.

On 25 June 2019, the Attorney-General advised the Chief Justice of the Supreme Court of Victoria that she had decided to refer the whole case to the Court of Appeal.  Accordingly, the Court of Appeal was required to determine the case as if it was an appeal.

On 24 July 2019, the Director of Public Prosecutions filed a written position in which it was conceded that as a result of Nicola Gobbo’s conduct at a time when she was engaged to act as Mr Orman’s lawyer, there was a substantial miscarriage of justice.  As a result, the Director conceded that the appeal must be allowed, the conviction for murder be set aside and a judgment of acquittal entered for the offence of murder.

On 26 July 2019, the Court of Appeal allowed the appeal, set aside the conviction for murder and entered a judgment of acquittal.
 

Court of Appeal statement (video)

A video of a statement made by the Court of Appeal being read out by President Maxwell and the making of relevant orders, is available below.

26/07/2019 - View video of Court of Appeal statement read by President Maxwell

 

Documents

The Court has made the following documents in relation to this matter available below:

  • a statement by the Court of Appeal
  • submissions made on behalf of Mr Orman dated 25 July 2019
  • the position of the Director of Public Prosecutions dated 24 July 2019 (redacted)
  • the reasons of the Court of Appeal