Australian Court Pardons Man Hanged For Murder, Rape 86 Years Ago

May 27, 2008 5:14 a.m. EST

Sydney, Australia (AHN) - A man who was hanged 86 years ago for rape and murder was given posthumous pardon by an Australian governor after descendants petitioned for the pardon.

Colin Campbell Ross was 28-year-old at the time he was hanged, was given pardon by Victoria State Gov. David de Kretser Tuesday.

Kretser's move will create legal history after he signed pardon for the accused killer.

Ross ran a wine store in the eastern arcade, Bourke Street, Melbourne, allegedly gave Alma Tirschke, 12-year-old, alcohol before raping and strangling her in Gun alley, off Little Collins Street on New Year's Eve in 1921

Local newspaper the Age, reported that despite Ross protesting his innocence, the only little evidence binding between him and the crime were the hairs on the blanket, which believed to be owned by Tirschke that was found on a blanket in his home.

The petition for pardon was initiated by Kevin Morgan, who wrote a book about, "Gun Alley (Murder, Lies and the Failure of Justice)."

Morgan requested for forensic tests on the original hair samples and later found out that the hair on Ross' blanket did not match with the hair of Tirschke.

According to Victoria Attorney-General Rob Hulls, he referred the case to be opened before the Supreme Court of Victoria.

"A pardon is not the same thing as a declaration of innocence," Hulls said. "In the circumstances of the case a retrial is not possible. A pardon is recorded against the conviction in recognition that the State forgives the legal consequences of the crime."