SA DPP will not seek to overturn Reece Watherston’s acquittal in the Jack Hanley one punch case
The family of one-punch victim Jack Hanley is devastated once again, as prosecutors have revealed they will not seek to have his assailant retried for the offence of manslaughter.
- The prosecution: Jack Hanley killed by ‘single, powerful punch’
- The defence: ‘I was scared for my safety’, claimed Watherston
- The verdict: Self-defence ‘can’t be ruled out’, judge says
- The aftermath: Strangers comfort one another in show of empathy
- The fallout: DPP contemplates appeal while family grieves
Prosecutors will not challenge Reece Watherston’s acquittal for the one-punch death of Jack Hanley – and the dead man’s family say they are devastated “all over again”.
Under state law, Acting Director of Public Prosecutions Ian Press SC has until 5pm today to file an appeal seeking to have Mr Watherston retried over the December 2017 incident.
However, in an email to Mr Hanley’s mother Julie Kelbin, Mr Press says no such attempt will be made as he considers it has no “reasonable prospect of success”.
On Monday, Ms Kelbin told The Advertiser she struggled to understand the Office’s decision.
“We are devastated all over again, feeling our son and brother’s death did not and will not warrant absolutely any form of justice through our legal system,” she said.
“When is our system going to start taking these coward punch deaths, happening nearly every weekend throughout Australia, seriously enough to hand down appropriate punishment?
“We’re feeling very failed by our sad justice system.”
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 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.
In his email, sighted by The Advertiser, Mr Press tells Ms Kelbin there will be no appeal.
He says that decision is “consistent with the preliminary view” expressed by prosecutors immediately after the verdict.
“I am truly sorry for the tragic loss of your son,” he writes.
“I have considered the evidence and the judgment and I do not consider any appeal against that verdict has a reasonable prospect of success.”
On Monday, Ms Kelbin thanked SA Police and the prosecutors who conducted the trial for their “dedicated work to try to obtain justice for the wrongful death of our precious Jack”.
She urged courts around the country to reconsider their handling of future one-punch cases and their approach to claims of self-defence.
“How is letting any person walk free, without any repercussions whatsoever, setting an example to anyone in the future?” she asked.
“There will be no fear of killing anyone in a fight, instead of walking away, so long as you say you felt threatened.”