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The Canberra Times
The Canberra Times
National
Elliot Williams

Eastman claims $18 million in compensation

David Eastman has claimed he is owed at least $18 million in compensation from the ACT government for wrongful imprisonment, the ACT Supreme Court has heard.

David Harold Eastman. File picture: Sitthixay Ditthavong

Mr Eastman spent 19 years in prison for the 1989 murder of former ACT chief police officer Colin Winchester.

He was found not guilty of the murder in November after a re-trial. His conviction was quashed after a 2014 review.

Mr Eastman is suing the territory for compensation, claiming he was wrongfully imprisoned, and the court heard on Thursday he wants at least $18 million.

ACT Solicitor-General Peter Garrisson, SC, said the territory had determined it had a "moral obligation" to compensate Mr Eastman for his time spent in prison.

He said the circumstances that led to Mr Eastman's original conviction, which saw tainted evidence allowed before the court, warranted compensation.

However, Mr Eastman's lawyers have applied for compensation under the ACT's Human Rights Act and Mr Garrisson argued Mr Eastman did not meet the requirements to receive compensation under the act.

ACT Chief Minister Andrew Barr, in his role as Treasurer, offered Mr Eastman an act of grace payment on the condition he waive his legal rights and drop his suit against the territory.

Mr Eastman rejected the offer.

Mr Garrisson said the territory's act of grace payment offer was the only way to compensate Mr Eastman.

Territory lawyers maintain Mr Eastman does not qualify for compensation under the Human Rights Act as it was enacted in 2004 and Mr Eastman was sentenced in 1995.

Mr Garrisson said Mr Eastman's lawyers had not demonstrated how the law could apply to convictions prior to 2004 as it was not retrospective.

He also argued that Mr Eastman's conviction based on flawed evidence did not equate to unlawful detainment.

Mr Eastman took the witness stand on Tuesday and told the court prison had robbed him of the opportunity to marry, be a father and have a career.

The court also heard he'd been the victim of violent attacks and had been taunted by prison staff while incarcerated.

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