DPP to review Reece Watherston’s manslaughter acquittal over the death of Jack Hanley
Prosecutors could still challenge a judge’s verdict acquitting a young man of manslaughter over a one-punch attack on Hindley St — as the victim’s mother issued an emotional plea to the other family involved.
- Not guilty: Reece Watherston acquitted of killing Jack Hanley
- The verdict: Read Justice Anne Bampton’s full reasons
Prosecutors are considering whether to appeal Reece Watherston’s manslaughter acquittal, while the family of Jack Hanley say they are “devastated” he has walked free.
On Monday, the Supreme Court found Mr Watherston not guilty of killing Mr Hanley with a single punch, saying prosecutors had failed to disprove he acted in self-defence.
On Tuesday, a spokeswoman for Acting Director of Public Prosecutions Sandi McDonald SC said a review of the court’s verdict was underway.
“Consistent with the usual practice of this office, the Acting Director will review the reasons for the verdict in the matter of Watherston,” she said.
“(The office) has 21 days from the date of acquittal to do so.”
Mr Hanley’s mother, Julie Kelbin, said she and her family had “no choice” but to accept the verdict “no matter our opinions”.
“The events of (Monday) are but a drop in the ocean of the feelings we have had to endure in the immediate aftermath and the 18 months since that fateful morning on the 10th December 2017 where we lost Jack forever,” she said.
“While trying to come to grips with the events, I received a Facebook notification that (Mr Watherston’s father) Andrew had ‘liked’ a picture of the newspaper article that I had shared.
“It feels like a kick in the guts to receive this on a day we are already suffering and I would just like to say to the Watherstons: Please leave us alone.”
At trial, prosecutors alleged Mr Watherston, 22, struck Mr Hanley “with all possible force” after their groups of friends had clashed on Hindley St.
They alleged the impact — which could be heard across the intersection — was filmed by a passer-by, and the footage showed Mr Hanley took no aggressive action.
Mr Watherston, however, insisted he “feared” for his life when confronted by Mr Hanley and acted in self-defence.
In her written verdict, Justice Anne Bampton — who heard the trial in the absence of a jury — said prosecutors had failed to exclude Mr Watherston’s version of events as a “reasonable possibility”.
She also pointed to two key frames in the video which “appeared” to show Mr Hanley “punch toward a figure with blonde hair” before the fatal blow was struck.
Those frames, she said, were never addressed by prosecutors during the trial — meaning they had failed to prove their case beyond reasonable doubt.
Justice Bampton has twice declined The Advertiser’s application for a copy of the footage, which was replayed dozens of times during the trial.
On Tuesday, Law Society of SA criminal law committee co-chair Craig Caldicott said appeals against the verdicts of judges were a common legal practice.
Such a case would be heard by the Court of Criminal Appeal.
He said a judge’s duties when determining a case alone were identical to those imposed upon members of a jury.
“Verdicts of a judge or a jury can be challenged as being ‘unsafe’ or ‘unsatisfactory’, or because a judge has not directed a jury or themselves in accordance with the law,” he said.
“Counsel can appeal against a judge’s verdict in exactly the same way they appeal against that of a jury.
“Sometimes, it’s a little bit easier to file an appeal against a judge’s decision because they have to write their judgments, whereas a jury does not.”
Ms Kelbin said she and her family were grateful for the “outpouring” of community support.
“We continue our plea to end violence in order to protect our children and grandchildren,” she said.
“We hope that, one day, another family won’t have to endure what we have gone through.”