“Tim McKinnel is the GOAT (Greatest Of All Time).”
McKinnel confirmed he was reviewing the case after Foster and Cruickshank approached him.
“Initially I was a little bit reluctant because the case has travelled most of the way through the criminal justice process but when we had a bit of a look at it there were a few issues with the case that we thought warranted closer examination, and so over the last few months that’s what we’ve been doing.”
McKinnel said he and a partner were at the “collation and analysis phase” of the process and there was a lot of information to be reviewed but they had already identified “potential issues”.
“At this stage it’s really early in the process for us and so we haven’t formed any solid views on exactly what has occurred but there are sufficiently troubling features in Jamie’s case that we think it deserves a very close look.”
He said there were several aspects they were delving into.
“First, was the investigation truly independent and objective. We want to understand whether all the relevant material was properly provided and disclosed to Jamie and his defence team.
“And the other area that’s of interest to us I guess is whether or not the witnesses were able to speak frankly and freely to the investigators in the case.
“We haven’t formed any conclusions or final views on those things yet but at the moment those are the things that look the most interesting.”
He said depending on the outcome of the investigation, it would be up to Foster as to whether he wanted to pursue the case through the Criminal Cases Review Commission.
Cruickshank told RNZ Foster and his supporters engaged McKinnel because of “significant concerns” regarding fairness and transparency she said had emerged after Foster’s 2020 trial.
“Jamie’s case is really complex ... In short it’s completely destroyed his life and it’s irreversible what it’s done to him but ultimately he just really, really wants to clear his name.”
One of the issues raised by Foster and his team included that he was wrongly advised not to give evidence at his trial.
Detective Superintendent Dave Lynch said Foster was convicted by a jury for indecent assault and sexual violation in March 2020, following a thorough police investigation and a trial.
Lynch said an appeal by Foster was dismissed by the Court of Appeal in March 2021.
The Supreme Court declined him leave to appeal that decision and declined to recall its decision, after which Foster went back to the Court of Appeal asking it to recall its decision. The court declined.
“It would be inappropriate of police to relitigate these convictions through the media,” Lynch said in a statement.
“Apart from undermining the judicial process, it risks retraumatising the victim in this matter who has displayed admirable courage throughout a challenging judicial process.”
A Crown Law spokesperson said it was not in a position to comment about the matters being investigated by Foster.
McKinnel, an Auckland-based investigator, worked on the cases of Pora, Hall, Maney and Maney’s co-accused Stephen Stone, who were all wrongfully convicted.
All cases became proven miscarriages of justice.
Pora, who had fetal alcohol syndrome, was convicted of raping and murdering Susan Burdett in her Papatoetoe home in 1992 after he confessed to the crime.
Hall was convicted of murdering Arthur Easton in South Auckland in 1985.
Maney, her brother Colin Maney, Mark Henriksen and Stone were convicted of the murder of Deane Fuller-Sandys who went missing after going fishing on Auckland’s west coast in 1989.
Stone was also convicted of the rape and murder of Leah Stephens, which he was also acquitted of.
McKinnel called the wrongful convictions in the Fuller-Sandys and Stephens cases a “disgraceful miscarriage of justice”.
