BMJ  2008;336:1154-1155 (24 May), doi:10.1136/bmj.39587.372766.DB

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Retrial ordered over murder of Australian psychiatrist

¹ Sydney

The first 150 words of the full text of this article appear below.

The High Court of Australia has ordered a retrial of deregistered psychiatrist Jean Eric Gassy, and quashed his 2004 conviction for the murder of a former colleague, Margaret Tobin (BMJ 2004;329:759, 2 October, doi:10.1136/bmj.329.7469.759).

Dr Tobin, who was director of mental health for South Australia, was shot four times on 14 October 2002, as she left a lift, returning from lunch to her office in central Adelaide.

The High Court, by a majority of 3-2, held that a direction to a deadlocked jury by the trial judge, Justice Ann Vanstone, was not sufficiently balanced, and resulted in a "substantial miscarriage of justice," requiring a new trial.

In October 2004, Justice Vanstone sentenced Mr Gassy to life imprisonment, with a non-parole period of 34 years. The prosecution had alleged that Mr Gassy shot Dr Tobin because of resentment and anger over her part in initiating a process during . . . [Full text of this article]

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