Australia Australia - Bowraville Murders, NSW, 1990-1991

[symbah]

http://www.sbs.com.au/news/article/2017/11/29/bowraville-murders-retrial-bid-court

1 HOUR AGO

Three NSW judges are expected to hear an application for the retrial of a man previously cleared of murdering two Aboriginal children in Bowraville, in the early 1990s.

The man, who can't be named for legal reasons, was previously acquitted of murdering four-year-old Evelyn Greenup and 16-year-old Clinton Speedy-Duroux in late 1990 and early 1991.

Under NSW double-jeopardy laws revised in 2006, a person can be tried for the same crime for which they have already been acquitted, provided there is fresh and compelling evidence to proceed with a retrial.

State Attorney-General Mark Speakman will argue for a retrial in a hearing scheduled to take about four days.

 

[symbah]

http://www.abc.net.au/news/2017-11-29/bowraville-landmark-appeal-hearing-begins-in-nsw/9204668

Current Attorney-General Mark Speakman, represented by barrister Wendy Abraham QC, will argue there is fresh and compelling evidence linking the deaths of Clinton and Evelyn that warrant a retrial.

The suspect, whose identity is protected by a clause in the Crimes (Appeals and Review) Act, will be represented by senior public defender Mark Ierace.

Man charged again in February

The suspect was formally re-charged with the murders of Clinton and Evelyn in February this year.

PHOTO: Colleen Walker's body has never been found. (AAP)

The four-day hearing in the Court of Criminal Appeal (CCA) will determine whether the suspect's acquittals in the alleged murders of Clinton and Evelyn should be overturned, allowing the new charges to proceed.

If the CCA rules in favour of a retrial, it is understood NSW homicide detectives will then charge the suspect with the alleged murder of Colleen.

After that, he would face a criminal trial on all three counts of alleged murder.

Of course, the CCA may rule there is not fresh and compelling evidence to warrant a retrial.

If that happens, the charges against the suspect will be dropped and he will remain free in the community.

It is not known when a decision on the case will be handed down.

 

[symbah]

http://www.abc.net.au/news/2017-11-29/bowraville-landmark-appeal-hearing-begins-in-nsw/9204668

Bowraville murders' prime suspect propositioned 16yo girl, court told

By police reporter Jessica Kidd and Mazoe Ford
Updated 47 minutes ago

Today, the Criminal Court of Appeal (CCA) in Sydney was told the man should be retried, and Colleen had been at a party on the Aboriginal mission the night before she disappeared.
Wendy Abraham, counsel for the Attorney-General, told the court that throughout the night, Colleen had been drinking and talking to the man at the centre of today's hearing.
It was alleged he tried to pressure her to have sex with him.

 

[Bohemian]

Bowraville murders evidence may be 'contaminated', witness accounts 'irrelevant', court hears
ABC News
BY JESSICA KIDD
ABOUT 8 HOURS AGO (as at 00:27 AEDT 2 December 2017)

‘Evidence suggesting the man suspected of the Bowraville murders was seen standing over the body of an unconscious Aboriginal teenager is "irrelevant" and witness accounts may be "contaminated", a Sydney court has heard.

Senior public defender Mark Ierace is representing the man suspected of killing three Aboriginal children, Evelyn Greenup, 4, Clinton Speedy-Duroux, 16, and Colleen Walker-Craig, 16, over five months between 1990 and 1991 in northern NSW.’

‘The court heard witness statements from two delivery drivers who reported seeing a man standing over the body of an unconscious Aboriginal teenager on February 1, 1991 — the same morning that Clinton disappeared.

But Mr Ierace argued those accounts were unreliable and inconsistent, and relate to an incident which occurred a week earlier.

"The evidence is inherently inadmissible because it's not related to a fact in issue," he told the court.’

Read more at:

http://mobile.abc.net.au/news/2017-...nce-about-suspect-in-doubt-court-told/9210080

 

[Bohemian]

Double jeopardy: What is it? And why is it so important with the Bowraville murders?
ABC News
BY POLICE REPORTER JESSICA KIDD
UPDATED WED [29 November 2017] AT 7:02AM

http://mobile.abc.net.au/news/2017-02-09/bowraville-murders-what-is-double-jeopardy/8254682

 

[Bohemian]

Bowraville murders: Colleen Walker killed by 'any number of strangers', court hears
ABC News
BY POLICE REPORTER JESSICA KIDD
39 MINUTES AGO (as at 16:15 AEDT 4 December 2017)

‘"Any number of strangers" could be responsible for the suspected murder of Aboriginal teenager Colleen Walker at Bowraville in northern NSW in 1990, a court heard today.’

‘[D]efence barrister Julia Roy argued there are several potential suspects, including "any number of strangers" who were in Bowraville for a major football match the same weekend Colleen disappeared.

Ms Roy also suggested Colleen's boyfriend could be responsible, telling the court his movements were never accounted for over the weekend the teenager went missing and police never sought a statement from him.’

‘The hearing is expected to continue until at least Wednesday [6 December 2017].’

Read more at:

http://mobile.abc.net.au/news/2017-...ker-evidence-contaminated-court-hears/9223974

 

[Jennifer17]

Bowraville murders evidence may be 'contaminated', witness accounts 'irrelevant', court hears
ABC News
BY JESSICA KIDD
ABOUT 8 HOURS AGO (as at 00:27 AEDT 2 December 2017)

‘Evidence suggesting the man suspected of the Bowraville murders was seen standing over the body of an unconscious Aboriginal teenager is "irrelevant" and witness accounts may be "contaminated", a Sydney court has heard.

Senior public defender Mark Ierace is representing the man suspected of killing three Aboriginal children, Evelyn Greenup, 4, Clinton Speedy-Duroux, 16, and Colleen Walker-Craig, 16, over five months between 1990 and 1991 in northern NSW.’

‘The court heard witness statements from two delivery drivers who reported seeing a man standing over the body of an unconscious Aboriginal teenager on February 1, 1991 — the same morning that Clinton disappeared.

But Mr Ierace argued those accounts were unreliable and inconsistent, and relate to an incident which occurred a week earlier.

"The evidence is inherently inadmissible because it's not related to a fact in issue," he told the court.’

Read more at:

http://mobile.abc.net.au/news/2017-...nce-about-suspect-in-doubt-court-told/9210080

Well bugger me. It was a previous incident where he was standing over the unconscious body of a teenage girl? That proves his innocence, doesn't it? All these unconscious girls and boys just find their way to him?

 

[Bohemian]

Bowraville child murder case too 'contaminated' for fair trial, defence lawyer argues
ABC News
BY POLICE REPORTER JESSICA KIDD
17 MINUTES AGO (as at 14:43 AEDT 05 December 2017)

‘Prejudice levelled against the man suspected of the Bowraville child murders almost 27 years ago runs so deep he would not get a fair trial, his defence lawyers have argued.’

‘[D]efence barrister Julia Roy argued extensive and often sensationalist media coverage of the case means he could never get a fair trial.’

‘She also argued the Bowraville community and NSW Police Force detectives had a firm belief the man was responsible for the deaths, and this had created a "generalised prejudice" against him.

"There is no precedent for this case," Ms Roy argued.

"The applicant (the Attorney General) would never be able to satisfy this court that a retrial could be fair."’

‘Senior Public Defender, Mark Ierace SC, added that the evidence against the man is "entirely circumstantial" and should be rejected by the court.’

‘The hearing is expected to continue until at least Wednesday [06 December 2017] and may resume against next week.

The Court of Criminal Appeal is likely to hand down its decision at a later date.’

Read more at:

http://mobile.abc.net.au/news/2017-...raville-accused-cannot-get-fair-trial/9227986

 

[Bohemian]

Bowraville child murders case adjourned as court considers evidence
ABC News
BY JESSICA KIDD
44 MINUTES AGO (as at 21:50 AEDT 06 December 2017)

‘A decision on the landmark test case to re-try the man suspected of the Bowraville child murders almost 27 years ago will not be handed down until next year.

The Court of Criminal Appeal has adjourned to consider whether there is fresh and compelling evidence to justify quashing the man's previous acquittals.’

Read more at:

http://mobile.abc.net.au/news/2017-12-06/bowraville-child-murders-case-adjourned/9233566

 

[Bohemian]

Has anyone heard anything more about the decision? It’s almost six months since the case was adjourned.

 

[Bohemian]

Still no decision:

‘For over a decade, the families have been trying to get the NSW attorney general to refer this evidence to the court of criminal appeal under the new statute. It took another long period of waiting, several knockbacks from two state attorney generals, a number of protests outside the NSW parliament and a parliamentary inquiry for the NSW attorney general at the time, Gabrielle Upton, to refer the case back to the appeals court, which would determine whether the man would be prosecuted.

That hearing began in November 2017, and the families were told the decision would be handed down by March. But that deadline came and went, with the only response being that it would be delivered in “the near future”.’

The families of the murdered Bowraville children have waited too long for justice | Amy McQuire and Karla McGrady

Related:

Bowraville murders: victims' families refuse to give up fight for justice

The murders of three Aboriginal children continue to haunt the legal system 25 years after the fact | Richard Ackland

 

[Bohemian]

More witnesses die awaiting decision in Bowraville murder cases

Evelyn Greenup was found in bushland near Bowraville.
DAN BOX
The Australian
12:00AM MAY 24, 2018
Nocookies

‘Two witnesses have died while the NSW appeals court continues to consider whether a white man alleged to have murdered three Aboriginal children should face prosecution.

They join 19 other witnesses who have died in the 27 years since the unsolved murders in the NSW mid-north coastal town of Bowraville. Five people who gave statements or were formally interviewed by police have also died, raising questions over the possibility of a prosecution.’

‘Relatives of the two witnesses, both of whom have previously given evidence in court about the children’s murders, said they were buried last week and asked that they not be named for cultural reasons. One, an elder in the local Aboriginal community, was among those who identified Clinton’s body. The other previously gave evidence at an inquest into the deaths of Colleen and Evelyn.

A transcript of that hearing shows she described the man allegedly putting pills inside bottles of alcohol during parties in the Bowraville Mission. She also alleged the man chased one of her friends across the local golf course, saying “She just kept running and he didn’t catch her … she was just terrified, shaken”.’

‘During the appeal court hearing, held over six days in November and December, Wendy Abraham QC acknowledged that some witnesses had died, but said a retrial was still possible.’

 

[drsleuth]

Judgement day looms for Bowra murders retrial

It’s been nearly 10 months since the families of the three murdered Bowraville children last made the journey down to Sydney on their decades-long quest for justice.

The families of Evelyn Greenup, Colleen Walker and Clinton Speedy-Duroux attended the Court of Criminal Appeal (CCA) hearing into the murders last November to see whether a retrial would be granted.

If it is, it would be the first time in NSW State legal history that a once acquitted murder suspect would go back to court for the same matter; a move that sets a new precedent under double jeopardy law.

But then the laws were changed back in 2003 under the Carr Labor Government to amend the Criminal Appeal Act 1912 (NSW) to allow a person to be retried for an offence if there was “fresh and compelling evidence of guilt”.

The families believe there is if all three matters are held as one trial for the first time.


Fingers crossed!

 

[Bohemian]

Judgement day looms for Bowra murders retrial

It’s been nearly 10 months since the families of the three murdered Bowraville children last made the journey down to Sydney on their decades-long quest for justice.

The families of Evelyn Greenup, Colleen Walker and Clinton Speedy-Duroux attended the Court of Criminal Appeal (CCA) hearing into the murders last November to see whether a retrial would be granted.

If it is, it would be the first time in NSW State legal history that a once acquitted murder suspect would go back to court for the same matter; a move that sets a new precedent under double jeopardy law.

But then the laws were changed back in 2003 under the Carr Labor Government to amend the Criminal Appeal Act 1912 (NSW) to allow a person to be retried for an offence if there was “fresh and compelling evidence of guilt”.

The families believe there is if all three matters are held as one trial for the first time.


Fingers crossed!

We should know by the end of this week. If the answer is no, the matter can go to the High Court.

 

[Morrisa]

The answer is no...

The Australian‏Verified account @australian now1 minute ago
NSW Court of Appeal has ruled a man shouldn’t be re-tried for the murder of two Aboriginal children in Bowraville nor tried for the murder of a third

 

[Morrisa]

Landmark retrial ruled out over Bowraville murders

 

[drsleuth]

Landmark retrial ruled out over Bowraville murders

 

[Bohemian]

Double

 

[k-mac]

ffs

 

[Morrisa]

Retrial possible!

Retrial still possible for Bowraville murder suspect