David Eastman's human rights case for wrongful conviction is back
David Eastman's human rights case against the ACT government over the 19 years he spent in prison for murder will appear in court in January.
The case had been put on hold for three years while Mr Eastman awaited a retrial for the January 1989 killing of the former police chief Colin Winchester.
But after a marathon six-month trial this year, an ACT Supreme Court jury acquitted Mr Eastman of the murder and he walked from court a free man.
The 73 year old will spend his first Christmas in 30 years without a murder charge hanging over his head.
Mr Eastman had been convicted of the murder in 1995 and later sentenced to life in prison.
He served 6860 days of that sentence before a judicial inquiry in 2014 found the former Treasury official had not been given a fair trial.
Acting Justice Brian Martin also found there had been a substantial miscarriage of justice, in part because flawed forensic evidence had gone in against him during the trial.
Lawyers for Mr Eastman say the government is liable under the territory's human rights act to pay compensation in respect of Mr Eastman's wrongful conviction and his unlawful detention.
It alleged his imprisonment caused him deprivation of liberty, lost income, to suffer mental harm, damage to his reputation, and he had expended legal cost and time in fighting to reverse his conviction.
The government, in its defence, argued Mr Eastman's detention had been lawful and the human rights act did not give rise to any cause of action.
The ACT government could possibly settle the matter out of court by giving Mr Eastman an ex gratia payment.
Governments can make ex gratia payments to compensate a person without having to admit liability.
The compensation claim has been listed on January 29.