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Dr Robert Nelson Moles - Curriculum Vitae
Address and contact details for correspondence
Tel: +61 8 8270 6524 or Mobile: 0405 10 6524
Email:�[email protected]
web site: http://netk.net.au/
Date and place of birth: 20 October 1949 � Norwich, Norfolk, UK
Nationality and Citizenship - British and Australian
Permanent Residence - South Australia
Education, academic and professional qualifications
ACII Associate Member of the Chartered Insurance Institute ( UK) 1972
LLB (Hons) The Queen�s University, Belfast 1978 - Final honours classification 2:1.
I graduated as top student of the year and was awarded the following prizes:
Maxwell Law Prize - most distinguished student in the final examination for the degree of bachelor of law
Law Society Prize - best research paper submitted in Part II of the final degree examination for the degree of bachelor of law
Queen's University Foundation Studentship - for postgraduate study, subsequently renewed for a 2nd year
PhD Edinburgh University, 1985
PhD thesis title - Definition and Rule in Jurisprudence:� A Critique of HLA Hart's Response to John Austin. Subsequently published as "Definition and Rule in Legal Theory", Blackwell, Oxford 1987, see below
After graduating, I was awarded a UK Department of Education and Science Major State Studentship for three years. I engaged in work on a PhD under the supervision of Professor D.N. MacCormick at the University of Edinburgh, Faculty of Law. The work was a sustained critique of the work of H.L.A. Hart.�I sought to demonstrate that his analysis of John Austin's Lectures on Jurisprudence (1855) was fundamentally flawed. In my view, Hart's own contribution The Concept of Law then reinstated many of the errors, which Austin had sought to clear away.� Hart's contribution also led to further confusion in interpreting the works of others and in developing our understanding of the nature and dynamics of law.
Present activities
I am now engaged full time on the Networked Knowledge project. I have established this to investigate and report upon
alleged serious miscarriages of justice which are said to have taken place in South Australia over the last 30 years. I
am seeking the establishment of a Criminal Review Commission of the type established in the UK (the CCRC)
I have done considerable work with the media in South Australia. As of April 2014 there have been around 70 programs in which I have appeared, been interviewed or
contributed research
Some recent publications about our work
19-20 April 2014 - West Australian - "Justice On The Line"
15 February 2014 Christine Jackman in Good Weekend (Sydney Morning Herald and The Age) - "The Devil in The Detail" [the Henry Keogh story]
30 December 2013 - Andrew Urban in The Australian - Sue Neill-Fraser: "When Justice Loses Appeal"
21 December 2013 - Mark Whittaker in Good Weekend (Sydney Morning Herald and The Age) - "I didn't do it - I wasn't there" [the Derek Bromely story]
December 2013 - Verbatim [Flinders Law School] - A New Right of Criminal Appeal
2 May 2013 - Hon Michael Kirby in the Financial Review - "Welcome New Hope for the Wrongly Convicted"
21 March 2013 - Australian Lawyers Alliance - Media Release - ALA Applauds Criminal Appeals Review Process
20 March 2013 - Jeremy Roberts in InDaily - Keogh case inspires legal reform
19 March 2013 - Jeremy Roberts in InDaily - Historic new right to appeal likely to pass this week
December 2012 - Encounter (Flinders Uni Alumnii Journal)- Tireless Advocacy An Appeal to Justice [the work of Bibi Sangha, Bob Moles]
7.45 A similar argument was provided by Dr Robert Moles (of Networked Knowledge), an author who has written several
books on miscarriages of justice. He suggested that there should be a pre-trial investigation of this sort before the jury is
sworn. This, he said, would focus on the adequacy of the scientific principles involved and whether they are capable of
producing reliable conclusions.
7.46 We agree that a pre-trial meeting of experts chaired by the judge (in the presence of the parties�
representatives) could be beneficial for the experts or the court or both, at least in cases where
expert opinion evidence is central to the prosecution case and a meeting under rule
33.6 has already revealed a significant dispute between the parties� experts.
Recent Publications
17 December 2013 - Robert Moles in the Tasmanian Times - The Need for a National Criminal Cases Review Commission
4 December 2013 - Robert Moles in the Tasmanian Times - Australia Needs a National Response to Miscarriages of Justice
June 2013 - LexisNexis - Advancing Togther - Vol 2 Issue 1 - Sangha/Moles - Miscarriages of Justice and the Rule of Law: the new South Australian Appeal Laws
2012 - Flinders University Law Journal - Sangha/Moles - Criminal Justice Special Issue: Mercy or Right? Post-appeal Petitions in Australia
October 2012 - Criminal Law Journal - Volume 36 - Sangha/Moles - Post-appeal review rights: Australia, Britain and Canada
November 2011 - LexisNexis - Direct Link - Volume 8 No 12 - Sangha/Moles - Why we need a Criminal Cases Review Commission
September 2011 - LexisNexis - Direct Link - Volume 8 No 11 - Sangha/Moles - "Post-conviction reviews in Australia - "A Degree of Intellectual Isolation"
August 2011 - LexisNexis - Direct Link - Volume 8 No 10 - Sangha/Moles - "The Right to a Fair Trial in the Context of International Human Rights Obligations"
July 2011 - LexisNexis - Direct Link - Volume 8 No 9 - Sangha/Moles - "Post-conviction reviews - Strategies for change"
May 2011 - LexisNexis - Direct Link - Volume 8 No 8 - Bob Moles - "The Law on Non-Disclosure in Australia: All Rights - No Remedies?"
13 May 2011 - The Australian - "Australia lags in junk forensics remedies"
1 April 2011 - The Australian - "Non-disclosure of the facts at trial could threaten the integrity of our entire system of law and justice."
Books and chapters
Forensic Investigations and Miscarriages of Justice - The Rhetoric Meets The Reality
Bibi Sangha, Kent Roach, Robert Moles (2010) Irwin Law, Canada - Federation Press, Australia.
Foreword by Michael Kirby, former Justice of the High Court of Australia
This book was favourably discussed by the Hon Thomas A Cromwell of the Supreme Court of Canada, and by Justice Goudge of the Court of Appeal for Ontario
Foreword to Flawed Forensics - The Splatt Case and Steward Cockburn (2010) Tom Mann
Foreword to Our Corrupt Legal System: Why Everyone Is a Victim (Except Rich Criminals) (2009) Evan Whitton
South Australian Expert Report to the Ontario Commission into Paediatric Pathology Dr Bob Moles, Ms Bibi Sangha 2008 - Inquiry by Justice Goudge
The full report has been published by the Commission - Volume 2 Independent Research Studies chapter 7
Losing Their Grip - The Case of Henry Keogh (2006) Elvis Press
A State of Injustice (2004) Lothian Books
Law and Economics ed R.N. Moles, Franz Steiner Verlag, Stuttgart Beiheft, No. 30 in Archiv Fur Rechts-und Sozialphilosophie (1988)
Definition and Rule in Legal Theory (1987) Blackwell, Oxford,
Selected reviews and citations of Definition and Rule and Dworkin's Empire
Additional articles and chapters
Legal Work
In the last few years I have undertaken considerable legal work in relation to various miscarriages of justice cases.
I have assisted with numerous legal submissions to all levels of courts in Australia in the case of Henry Keogh.
I have also assisted with the development of a number of Petitions in various cases.
Papers and Presentations
Innovative Teaching
Previous Appointments
Adelaide University: I was engaged as an Associate Professor at Adelaide University Law School from November 1998 to November
2001. I developed a programme which enabled students to work collaboratively in small teams on real issues, with judges,
lawyers and a wide range of community groups and NGOs.
See "New Strategies for Teaching"
The Australian National University: Senior Lecturer, Faculty of Law, 1989-1998. My main teaching was undertaken in jurisprudence, expert systems, and
contract law. During my time at the ANU I engaged in various activities related to
funded research for online publications
Queen�s University, Belfast: Lecturer in Jurisprudence and Law at Queen's University, Belfast 1985-1988.� I was awarded tenure in October 1986.�From 1986-1987 I served as Vice-President of the Association for Legal and Social Philosophy in the United Kingdom. I was responsible for organising the Association's conference on "Law and Economics" at Queen's University, Belfast, in April 1987. In December 1986 I was elected to the Council of the Irish Association of Law Teachers and was also appointed to its publications sub-committee.
Teaching experience
In my previous appointments I have lectured in Legal Theory, Contract Law, Sociology of Law, Insurance Law, Legal System and Methods, Information Technology and the Law. I developed a new course in Decision Support Systems at the ANU. It has been my practice to make my lecture and teaching materials available online. I have utilised drama classes in lectures and encourage students to work on "New Strategies for Teaching" in projects with practitioners. My activities in this regard have been written up in the national press, and academic articles. They involve assessments based on the student files which contain details of minutes of meetings, work diaries, legal or other documents drafted, negotiation skills, planning, presentation and progress of the case file. Students are encouraged to give presentations arising from their work to schools, community groups and professional groups and associations.
Pre-undergraduate employment
Prior to my undergraduate work, I was employed by the Norwich Union Insurance Group at their head office in Norwich and at the branch office in Londonderry N.I. I was also employed by the Phoenix Assurance Co as an Inspector for Co Down N.I.� During this time I completed 10 examinations to qualify as a member of the Chartered Insurance Institute.
Academic professional and research interests
I was initially involved in issues of legal theory and artificial intelligence. Then, I developed an interest in the ways in which the university sector needs to develop to take advantage of the emerging technology. Although it will impact on ways of teaching and completing research, I believe that it will enable us to re-instate more collaborative teaching and research arrangements. During this time I have had a number of research grants to develop strategies for online publishing, and to enable me to consult with and work with a wide range of people across the university, government and business sectors. I believe it is possible that we can develop student-based research and publishing capabilities which will enable a university to provide an income stream to offset fees. We can also provide students with practical research experiences which will provide them with a solid foundation for their future activities. Any students passing through this system will want to remain part of it and to become a leader for future generations of students.
I now have former students in Europe, London and New York who would be keen to provide leadership to student teams. International collaboration between student researchers is an exciting possibility, and I have developed a project for working with students in South Africa .
My work in the area of innovative teaching was for some time the subject of a major entry on the University of Adelaide web pages. The entries are produced by the University Centre for University Education with a view to bringing attention to innovative developments in University Education. The entry in my case profiled my developments utilising drama in the teaching of Contract Law. This initiative has also been featured in The Adelaidean � the University newspaper and well as in The Australian which is our main national newspaper.
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