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Phyllis O’Brien aged 81 was found bound and beaten to death in her home in Katoomba in August 2003. A discarded cigarette butt was secretly picked up by police while interviewing a ‘person of interest’ rather than a ‘suspect’ in November 2003. The DNA from the cigarette butt matched that obtained from the fingernail clippings of Phyllis O’Brien. Herman White pleaded guilty to her murder after Justice Studdert ruled that this evidence could be used. Had White been a suspect at the time of collecting the DNA evidence, the police would have been required to ask his permission.
The case is interesting because it highlights the rules of evidence.
R v White [2005] NSWSC 60, 15 February 2005
1. Newspaper articles on Proquest ANZ Newsstand, available remotely to registered clients of the State Library of NSW. Type in phyllis o'brien and murder and white.
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Phyllis O’Brien
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