Help Free Two Innocent Family Men at Retrial
$13,300 raised
13% of $100k goal
37 contributors
42 Weeks running

Since miscarriage of justice can affect anybody living in Western Australia, Australia or the world, the activities of our association benefits all our citizens potentially, but in particular those most in need: the wrongfully accused and incarcerated, their families and those individuals and organisations trying to assist them.

MJF is an Australian registered charity with deductiable gift recepient (DGR) status.

With the help of our members, here is her crowdfunding campaign for Ambrose & Xavier Clarke. 

Ambrose's daughter, Phoebe, has written a small letter. Here are her own words:

It only took a few minutes for police to storm into our home in the middle of the night and take away my father. I woke up at 4AM to find my house full of police, my dad gone; not knowing where or why.  

I was only 17 when my father and his brother [Ambrose and Xavier Clarke] were accused of murdering his ex-business partner who he had not seen in two years.

Photo: My siblings, mum, dad and me

Photo: My siblings, mum, dad and me

Before and even during the trial, the Coroner could not say how and when the person died. If they do not know how and when he died, then how can they prove he was murdered?

But contradictory witness statements and questionable circumstantial “evidence” were still enough to sentence them to life in prison.

Our lives soon became nothing but endless meetings, boxes of evidentiary material piling up, horrific legal bills; and talk and more talk of an Appeal that never came… more than four years of seemingly empty promises and feeling utterly broken against an unjust justice system;

For the next four and a half years, we survived on 45 minute weekly visits and 5 minute daily phone calls (if that). It was like living life on rations; just barely enough to survive on.

I never in a million years imagined something like this could happen to a normal family.

I’m just an average girl from Perth. I love travelling, seeing exhibitions and going to gigs at Mojos Bar. In my spare time I am usually outside or in my studio covered in clay, paint or charcoal, working on my art.

Video: Phoebe Clarke Interview

You’re meant to spend your teen years slowly waking into adulthood, not managing the mental health of your younger siblings who seriously need their father. We shouldn’t have to dread holidays each year knowing that our dad is going to miss yet another Christmas, birthday or graduation.

It’s the simple question of being asked “where’s your dad” that kills me. I found out my little brother told the kids in his class that Dad’s been in Mexico all this time. Mexico? That’s how he copes.

How does someone’s life become like this?

Video: My mother, Danielle

Thanks to family and friends who helped support us, we were able to finance a strong legal team for the Appeal in 2018. When the Appeal finally came, the murder convictions were quashed. WE WON. National and international medical experts testified in their favour but the court suppressed the publishing of its decisions and ordered a retrial. This means that the judges’ decision cannot be made public.

All the unfounded allegations made by the prosecution before and during the trial were publicised in the media. But the truth of what happened -- determined by experts and considered by three Appeal Court Judges granting the Appeal win to my dad and uncle -- was suppressed. We risk being in Contempt of Court or even face prison ourselves just by saying the truth… How is that justice?

A documentary is being produced on this case and they too are being threatened with Contempt of Court..

Teaser trailer: Broken Justice Feature Documentary

On the 2nd of May 2018, my dad and uncle were granted bail and came home. After 4 and a half long years we are together again. My little brothers haven’t stopped clinging to my dad… for me, it feels totally surreal.

And all this joy could vanish yet again. 

We now begin the next hurdle, a 10-week retrial. Set to commence on the 26th of March 2019. Although it will be a difficult time dealing with the trauma of the first trial, we are grateful for the opportunity to go before a judge and jury again. This time we are better prepared, better resourced and going into this with the faith a proper examination of the truth will exonerate them – allowing our fathers to live as free men.

Did you know that experts say there could be up to 2,000 innocent people in jail in Australia and that some may never be free because they don’t have the means to do something about it? Like many Australians, I was unaware of these statistics but because of the unfortunate circumstances that have happened to my family, I am now only too aware.

If you can’t afford justice when injustice happens, injustice wins. Eventually, that affects us all.

However, when we overturn unjust findings, we make it easier for other wrongful convictions to be overturned, or prevented all together. Photo: My cousin, Amber, and Uncle Xavier

Photo: My cousin, Amber, and Uncle Xavier

So, I’m asking you to please support my family, by  spreading the message and let as many people as possible see this page. Get people talking. Give our broken justice system a wake-up call. Let’s hold our police, forensic experts, lawyers, judges and politicians accountable. It shouldn’t only be about winning; it’s about truth and justice for all.

Please help me fight for my father and uncle’s innocence - because what we’re ultimately fighting for is change; change that will benefit us all… this type of injustice has already affected our family long enough. It happened to us. Let’s make sure it doesn’t happen to you.

Thank you wholeheartedly,

-- Phoebe Clarke

This campaign is still open  – any donations are still very much welcomed. 

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