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This man has spent nearly 40 years in prison for a crime he says he didn't commit
Derek Bromley has spent almost 40 years in a South Australian prison for a murder he says he didn't commit. He’s making one last bid for freedom this week.
Published 17 May 2023 6:15am
By Peta Doherty
Source: SBS News
Image: Derek Bromley has been in prison for almost 40 years. (Supplied, SBS)
Russell Milera only got to know his brother, Derek Bromley, as a prisoner behind bars. But he says he’s “very proud” of what he has done.
Part of the Stolen Generations, the Nurungga Ngarrindjeri men were taken from their family as children.
“He is my brother, and we haven’t had much time together. We haven’t had an opportunity to grow together,” Mr Milera says.
“But he’s still my brother, and I still love him.”
Brothers Russell Milera and Derek Bromley were taken from their family as children. Source: Supplied / Russell Milera
Bromley, who is in his 60s, has now been in prison for 39 years.
He has been eligible for parole since 2006, but as he has continued to maintain his innocence it has been denied.
“I’m very proud of what he has done,” Mr Milera says.
“The way he stood up to all the temptations to get out of jail, he stood up to that and stood up for his personal values, which is truth.”
Karpany was granted parole in 2004 after agreeing the that the evidence used in the case found him guilty.
Bromley and his supporters argue questions remain over his conviction and this week, the High Court in Canberra will hear an application to appeal it.
The hearing is Bromley's final chance at having his conviction overturned.
He is able to challenge his conviction under South Australia's right to appeal laws, which came into effect in 2013.
Russell Milera hopes to see his brother Derek Bromley released. Source: Supplied / Russell Milera
In 2018, the SA Court of Criminal Appeal justices ruled this new evidence was not compelling, and dismissed Bromley’s application to appeal.
But in their application to the High Court, the defence argues the lower court conducted a "flawed analysis" of the additional expert evidence and that other witnesses had not put Bromley at the scene of the offence.
Derek Bromley in the 1990s. Source: Supplied
“It turned out he was never actually qualified as a pathologist,” said Dr Robert Moles, an academic lawyer from Flinders University.
Dr Moles has spent the past 20 years studying miscarriages of justice that occurred during Dr Manock's 30 years as state pathologist.
“He was never qualified to do autopsies. He was never qualified to give evidence in court as an expert witness,” he said.
Dr Manock was unable to be contacted at the time of publication.
Mr Milera’s former wife Robyn Milera has been involved in Bromley’s campaign for freedom for almost 20 years.
“I believe every person deserves dignity and support. That was my first aim … to support Derek,” she said.
Ms Milera said she originally found Bromley’s case “mind-boggling” but did not have any legal knowledge, so she enrolled at law school, graduating with a degree in 2015.
Robyn Milera has been campaigning for Derek Bromley. Source: SBS News / Peta Doherty
“His campaign to have his conviction overturned was nearly 15 years old by the time I came onto the scene, and he’d never skipped a beat. He’d never given up.”
Dr Moles has said he's not aware of any other case in the Commonwealth in which a prisoner has insisted on their innocence for as long as Bromley.
The High Court hearing has been set down for two days from Wednesday.
Whatever the court decides, Bromley's supporters say they will not give up their pursuit of justice.
“I don’t know whether he realises it. To me, the most honourable thing that he could do in his life, he’s doing,” Mr Milera said.
“It is hard to leave family and friends, and your life behind you. In a way, he’s giving a lot of hope to a lot of people.”
- With AAP
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