John Button (campaigner)
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John Button (born 9 February 1944 in
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,
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) is a
Western Australian Western Australia (commonly abbreviated as WA) is a state of Australia occupying the western percent of the land area of Australia excluding external territories. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to th ...
man who was the victim of a significant
miscarriage of justice A miscarriage of justice occurs when a grossly unfair outcome occurs in a criminal procedure, criminal or civil procedure, civil proceeding, such as the conviction and punishment of a person for a crime they actual innocence, did not commit. Mis ...
. Button was wrongfully convicted of the
manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th cen ...
, by vehicle impact, of his girlfriend, Rosemary Anderson, in 1963. He was sentenced to 10 years in prison, and released in 1968. The conviction was quashed in 2002.


Vindication

Several appeals to courts or for ministerial intervention were unsuccessful. In 1998, a Western Australian journalist,
Estelle Blackburn Estelle Blackburn (born 1950) is an Australian journalist who played a crucial role in the review of several controversial criminal cases in Western Australia. Early life Born in 1950 in Nedlands, Western Australia, to Margaret Mercer Blackburn ...
, advanced the cause of Button's vindication through her book ''
Broken Lives ''Broken Lives'' was written by Estelle Blackburn between 1992 and 1998. The book is about the false imprisonment of two people, John Button and Darryl Beamish who were both convicted for murders that were later proved to be committed by Eric ...
''. Following the book's publication, the matter went before the courts again with Button represented by Tom Percy QC and Jonathan Davies both of whom worked ''
pro bono ( en, 'for the public good'), usually shortened to , is a Latin phrase for professional work undertaken voluntarily and without payment. In the United States, the term typically refers to provision of legal services by legal professionals for pe ...
'' on the case. At the original trial the strongest evidence apart from Button's confession was that his 1962 Simca P60 Aronde sedan had damage consistent with an accident. Trevor Condron was the police officer who had examined John Button's Simca in 1963 but he had not been asked what could have caused the damage at the trial. He told the appeals court that while the car was damaged, the damage was not consistent with hitting a person and that three weeks before Anderson's death, Button had reported to police an accident with a
Ford Ford commonly refers to: * Ford Motor Company, an automobile manufacturer founded by Henry Ford * Ford (crossing), a shallow crossing on a river Ford may also refer to: Ford Motor Company * Henry Ford, founder of the Ford Motor Company * Ford F ...
Prefect that had caused matching damage to that seen by Condron. This accident report had been known to police at the original trial but been discounted as irrelevant. The court also heard from Dr Neil Turner who had treated Anderson. He claimed that her injuries were not consistent with Button's vehicle. The world's leading pedestrian accident expert, American William "Rusty" Haight, was flown to Australia and testified that experiments with a biomedical human-form dummy, three Simca P60 sedans similar to that owned by John Button and a 1961/62
Holden Holden, formerly known as General Motors-Holden, was an Australian subsidiary company of General Motors. It was an Australian automobile manufacturer, importer, and exporter which sold cars under its own marque in Australia. In its last thre ...
EK sedan similar to the one serial killer
Eric Edgar Cooke Eric Edgar Cooke (25 February 1931 – 26 October 1964), nicknamed the Night Caller and later the Nedlands Monster, was an Australian serial killer who terrorised the city of Perth, Western Australia, from September 1958 to August 1963. Cooke c ...
claimed he was driving when he hit Anderson, matched exactly Cooke's account and excluded the Simca. Button self-published a book in 1998 titled ''Why Me Lord!'' which told of his ordeal. On 25 February 2002, the Court of Criminal Appeal quashed Button's conviction after evidence from vehicle crash experts proved that Cooke was most likely the culprit. In a televised interview six months after Button's conviction was quashed, Rosemary Anderson's parents refused to embrace the finding and still maintained that Cooke did not kill their daughter and that Button was guilty. A conference between the Button, Anderson and Cooke families, Blackburn and her publisher Bret Christian organized by ''
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'' changed their minds, although Mrs. Anderson maintained Button was still responsible as it was his role as her escort on the night to bring her home. Following a meeting with the W.A. Director of Public Prosecutions to discuss the court's findings, the Andersons accepted Button's innocence was proven. Button now spearheads the Western Australian Innocence Project which aims to free the wrongfully convicted.


See also

*
List of miscarriage of justice cases This is a list of miscarriage of justice cases. This list includes cases where a convicted individual was later cleared of the crime and either has received an official exoneration, or a consensus exists that the individual was unjustly punished ...


References

{{DEFAULTSORT:Button, John 1944 births Living people English emigrants to Australia Overturned convictions in Australia Australian people convicted of manslaughter