Maurice Blackburn

An Aboriginal man who was wrongly jailed for five years for an armed robbery he did not commit, was recently given the go-ahead by the Brisbane Supreme Court to seek compensation from the Queensland Government.

In May 1993 Terry Irving, then aged 37, was arrested for an armed robbery that took place in March that year. After a day-long trial, he was sentenced to seven years and five months in prison.  

Mr Irving repeatedly protested his innocence. In 1997, the High Court quashed Mr Irving's conviction for armed robbery and ordered a retrial. Later that month, Mr Irving was released, having served almost five years in prison including seven months on remand.

In January 1999, the Department of Public Prosecutions filed a notice in the court confirming it was no longer pursuing a retrial. Mr Irving, now aged 56, has been seeking redress ever since.

Maurice Blackburn Associate Trent Johnson said Mr Irving had struggled for years to represent himself in a complex legal case after he was refused legal aid, and the Supreme Court decision on 29 August this year was a welcome step towards some finality. Over many years Mr Irving has been assisted on a pro bono basis by Townsville Solicitor Michael O'Keeffe.

"This has been a long and painful ordeal for Mr Irving," Mr Johnson said.

"The High Court of Australia found that there had been a miscarriage of justice and the United Nations Human Rights Committee agreed.

"Maurice Blackburn has taken on Mr Irving's claim for an investigation into his conviction, an apology and to secure compensation for his wrongful detention. Now the Supreme Court has given us the green light to pursue Mr Irving's compensation claim against the Queensland Government."

Mr Irving said he was determined not to give up his fight. "The checks and balances did not protect me," Mr Irving said.

"This has affected my family, my friends. The thing that drives me is that I don't want this to happen to my children, my grandchildren, anyone."