Australia Australia - Bowraville Murders, NSW, 1990-1991

[Bohemian]

The Nation
Bowraville murders will be sent back to court
Dan Box
The Australian
May 24, 2016 7:25PM

'The Bowraville murders will be sent back to court, after the NSW Attorney General, Gabrielle Upton, decided to refer the unsolved killings to the state’s appeal court.

The decision, which could lead to the court overturning the acquittals of the man police suspect of carrying out the killings, was communicated to the victim’s families by Ms Upton in person earlier today.

For the first time, the appeal court is expected to hear evidence about the child murders together at the same time. It then has the power to order a retrial, something the victim’s families have been calling for unsuccessfully fir the past 25 years.'

http://www.theaustralian.com.au/new...t/news-story/e8c33876004fb501317c4e4ee1dabae2

 

[Bohemian]

Bowraville murders: supreme court to rule on application for retrial
the guardian
Calla Wahlquist
@callapilla
Tuesday 24 May 2016 19.47 AEST

Gabrielle Upton refers matter directly to court rather than waiting for opinion of an independent assessor

'An application to hold a retrial of the murders of three Aboriginal children in Bowraville, New South Wales, more than 26 years ago will be put before the NSW supreme court.

The attorney general, Gabrielle Upton, who received the application from NSW police on Tuesday, said she decided to refer the matter directly to court, rather then wait for the opinion of an independent assessor.

“After careful consideration, I have decided that there should be no further delay in bringing this matter to court,” Upton said in a statement on Tuesday afternoon.

“The best and most transparent way to deal with this tragic case is to make an application for retrial to the NSW court of criminal appeal.”'

http://www.theguardian.com/australi...-commissioner-makes-application-for-a-retrial

 

[Bohemian]

Bowraville murders: Key suspect set to be charged again after Attorney-General applies for retrial
ABC Online
By state political reporter Sarah Gerathy
Updated Tue May 24 19:44:29 EST 2016

'The key suspect in the Bowraville murders case is set to be charged over the deaths of two out of three Aboriginal children who were killed more than 25 years ago, despite the fact that he was previously cleared of the crimes.'

http://mobile.abc.net.au/news/2016-...rs-suspect-set-to-to-be-charged-again/7441998

 

[Bohemian]

Finally...there's chance of justice for Colleen, Evelyn and Clinton. Bravo DI Jubelin, all of the members of the investigative team and last, but certainly not least, to their families. Let justice be done!

 

[Bohemian]

The replay and transcript of the interview I posted earlier regarding yesterday's development in the murders of Colleen, Evelyn and Clinton, has now been uploaded:

New development in Bowraville murders case: NSW Attorney-General asks appeal court to consider retrial

Australian Broadcasting Corporation
Broadcast: 24/05/2016
Reporter: Leigh Sales
Program: The 7:30 Report

Leigh Sales is joined by Jasmine Speedy (Clinton Speedy-Duroux's cousin) and Detective Inspector Gary Jubelin (who's been fighting for justice alongside the families), to get their reactions to today's major development.

Transcript:

'LEIGH SALES: "I know you might not be able to answer some of the following questions, but I'll try my luck anyway. How swiftly would you expect charges to be laid in this matter?"

GARY JUBELIN: "Look, it's a unique situation in that it's the new legislation. My understanding is that it will be fairly rapid. There's a situation where we can't disadvantage some person waiting to be charged. So my understanding of the legislation is that things will move pretty quickly.

So I have an expectation that we'll be in the courts sooner, rather than later.'"

http://www.abc.net.au/7.30/content/2015/s4468592.htm

 

[Makara]

Finally...there's chance of justice for Colleen, Evelyn and Clinton. Bravo DI Jubelin, all of the members of the investigative team and last, but certainly not least, to their families. Let justice be done!

Amen to that Bohemian.

 

[Bohemian]

Amen to that Bohemian.

It may not be a done deal yet, Makara:

Bowraville: Attorney-General Gabrielle Upton offers false hope to victims’ families, Coalition MPs say
June 1, 2016 12:00am
Andrew Clennell
The Daily Telegraph

'Question Time

A GANG of state Coalition MPs yesterday accused their colleague, Attorney-General Gabrielle Upton, of offering “false hope” to the families of the Bowraville murder victims by sending the case against the man accused of their killings straight back to court without a review of the evidence.'

http://www.dailytelegraph.com.au/ne...y/news-story/61820935e5a2fed06f3adb1339a19434

 

[Bohemian]

Bowraville: How three families from a disadvantaged country town took on the state
Ava Benny-Morrison
The Sydney Morning Herald
May 28, 2016 12:15 am

Families demand justice over Bowraville murders

'When Evelyn Greenup disappeared from her bed in 1990, police told her aunt the four-year-old might have gone walkabout. A month earlier, Colleen Walker's mother was given the same baseless explanation when she reported her daughter missing. When Clinton Speedy-Duroux's body turned up in bushland outside of Bowraville, crucial lines of inquiry were not followed up.

Over the next two decades the families of these children – killed within five months of each other in eerily comparable circumstances – were dealt a string of similar let-downs. Yet they have managed to achieved more than many people in positions of power could have dreamed of. They have fought for – and won – changes to double-jeopardy that has existed under common law for 800 years; forced NSW Police, the very organisation that let them down, to reform and make changes in the way they deal with Indigenous people, and raised awareness about "Aboriginal English".

This week marked a sweet victory for the families of the Bowraville murder victims, with the NSW Attorney General sending an application for a retrial to the Court of Criminal Appeal. It is a monumental step towards justice for the victims but also another achievement in a long journey for their families.'

http://m.smh.com.au/nsw/bowraville-...y-town-took-on-the-state-20160526-gp50n4.html

 

[Bohemian]

An discussion of the change to 'double jeopardy' in NSW and the effect on the Bowraville murder case for those interested in understanding the legal aspects:

Double jeopardy and the Bowraville murders
Rule of Law Institute of Australia*
William Shrubb
30 May 2016

'Jay Hart, the man tried and acquitted of murdering 4-year-old Evelyn Greenup and 16-year-old Clinton Speedy-Duroux, is on the brink of being tried again for their murders.

Mr Hart, who has reportedly changed his name since the initial trials, was a key suspect in the Bowraville murders, and was charged with the murder of two of the three Aboriginal children who disappeared from that North Coast NSW town in late 1990 and early 1991. The two trials proceeded separately, in a move the prosecution said denied the respective courts the chance to see crucial evidence about the similarities between the two children’s deaths.

The Bowraville community, with the support of NSW Police, has long pushed for Mr Hart to be re-tried for the offences in the wake of changes to evidence law, but have encountered legal and political hurdles along the way, mostly notably questions about double jeopardy legislation.

Finally, last week, NSW Attorney-General Gabrielle Upton announced she would make an application to the NSW Court of Criminal Appeal for a retrial. The Court will then rule whether Mr Hart’s case falls within one of the exceptions to the double jeopardy rules. This article will examine the details of that process.'

http://www.ruleoflaw.org.au/double-jeopardy-bowraville-murders/
__________

* The Rule of Law Institute of Australia is an independent, politically non-partisan, not-for-profit body formed to uphold the rule of law in Australia. The Institute aims to promote discussion on the importance of the principles which underpin the rule of law.

 

[Ziggie88]

Please let this be the start of the end. They all deserve to know what happened to their little children.

 

[Bohemian]

Please let this be the start of the end. They all deserve to know what happened to their little children.

For sure, Ziggie.

 

[Makara]

Scipione to visit families of Bowraville murder victims

The Australian 12:00AM July 30, 2016

The NSW Police Commissioner will meet the families of three murdered children whose deaths are unsolved a quarter-*century after they disappeared from Bowraville, in the state’s north.

The families of the three Aboriginal children said they *welcomed Mr Scipione’s visit, but would ask him to apologise for the way the case was handled by police at the time the children disappeared. “I would probably ask him if he will make a formal apology to the three families for what happened from the start,” said Lucas Craig, whose 16-year-old sister Colleen was the first of the children to *disappear.

IN DEPTH: Podcasts and full coverage of the Bowraville murders

 

[Bohemian]

Bowraville murders: NSW police chief says victims' families were let down
ABC News
Updated Thu Aug 11 19:45:26 EST 2016
Posted Thu Aug 11 17:13:18 EST 2016

'New South Wales' Police Commissioner has told the families of three Indigenous children murdered on the state's mid north coast 26 years ago they were let down by the police force.

Acknowledging the police's failings, Andrew Scipione said more could have been done when the crimes first happened in the early 1990s.

"I want to publicly acknowledge that the NSW Police Force could have done more for your families when these crimes first occurred and how this added to your pain, as a grieving community," Mr Scipione said.

"And for that I am sorry."'

'Today, NSW Police Commissioner Andrew Scipione met with the families of the victims and said apologising was "right thing to do".

"We let them down and we understand that that's left them with enormous grief," he said

However, he pledged the police would continue "to do everything possible to find justice" for the murdered children.

Commissioner Scipione acknowledged that the timing of his visit was significant and had been influenced by recent positive developments in the case.'

http://mobile.abc.net.au/news/2016-...es-to-families-of-bowraville-children/7721492

 

[Bohemian]

Bowraville murders: Man charged for second time over deaths of Aboriginal children
UPDATED FRI FEB 10 00:04:00 EST 2017

'A man who has previously been tried and acquitted of the murders of two Aboriginal children at Bowraville, on the NSW mid-north coast in the early 1990s, has once again been charged with their murder.

The man, who cannot be identified for legal reasons, appeared at Newcastle court on Thursday, over the deaths of four-year-old Evelyn Greenup and 16-year-old Clinton Speedy-Duroux.'

'Whether the case proceeds any further will depend on an application to the NSW Court of Criminal Appeal by the Attorney-General, who is seeking to have the man re-tried.'

 

[Bohemian]

Double jeopardy: What is it? And why is it so important with the Bowraville murders?
BY POLICE REPORTER JESSICA KIDD
THU FEB 09 14:34:26 EST 2017

'The case of the three young children murdered in the northern NSW town of Bowraville is long and complex. It is a story of political inertia, racism and fierce debate over the state's double jeopardy laws.

These laws have long been blamed as the reason why the three murders have never been heard together in a single trial.'

'Broadly, double jeopardy refers to laws that prevent someone being charged with the same crime twice. It is not unique to NSW — in fact, all Australian states have similar legal protections.'

 

[STANDREID]

In cases like this, the authorities are interested in getting a feather in their cap for a conviction. Whether the guy actually did it or not is secondary.

 

[Bohemian]

In cases like this, the authorities are interested in getting a feather in their cap for a conviction. Whether the guy actually did it or not is secondary.

There has to be fresh and compelling evidence to re-arrest and re-try the suspected perpetrator of a crime in Australia. This process is very rarely undertaken, nor is it taken lightly. Vexatious lawsuits of any kind are frowned upon by our judiciary whether the entity bringing the action is a State Prosecutor or an individual.

 

[symbah]

Bowraville murders: Accused serial killer may face retrial

Emma Partridge | 8th Jun 2017 2:15 PM

A MAN acquitted of the murders of two Aboriginal children at Bowraville will face a hearing in November that will focus on whether there is enough "fresh and compelling" evidence for him to face a retrial.
The 51-year-old accused serial killer - who cannot be named for legal reasons - was again charged in February this year with the murder of Evelyn Greenup, aged four, and Clinton Speedy-Duroux, 16, who disappeared from the northern NSW town in the 1990s.
No one has ever been charged with the disappearance of 16-year-old Colleen Walker, who went missing in September 1990.
On Thursday Justice Clifton Hoeben ordered the Court of Criminal Appeal hearing to take place on November 28.

https://www.coolum-news.com.au/news/bowraville-murders-accused-serial-killer-may-face-/3187441/

 

[symbah]

http://www.nambuccaguardian.com.au/...ders-court-of-appeal-hearing-tomorrow/?cs=733

NOVEMBER 28 2017 - 1:00PM

Families of the three murdered children return to court

Once again the families of the three children murdered in Bowraville between September 1990 and February 1991 are climbing into their cars and heading to Sydney, to court.

For 27 years they have fought for justice for their children, 16-year-old Colleen Walker, four-year-old Evelyn Greenup and 16-year-old Clinton Speedy-Duroux.

There have been many obstacles, not least racism, police conduct and resourcing plus the complexities of the justice system, but the families say they are hopeful this will be the opening of the final act.

We have already been waiting for 27 years – we are good at it, we have made it an art form.”
Michelle Jarrett

​

“I would say we are feeling anxious and stressed but also quietly confident,” Michelle Jarrett, Evelyn’s aunt, said.
“We are certainly happy to be back in court.

“The result (whether the case will go to retrial) will be announced in February next year.

“It’s more waiting but we have already been waiting for 27 years – we are good at it, we have made it an art form.”

Tomorrow, Wednesday, the families will watch from the public gallery of the Banco Court as a special four-day hearing of the Court of Criminal Appeal listens to evidence presented in an effort to have two previous court findings of not guilty quashed and the case ordered for retrial.

It will be the first time that evidence about all three murders has been heard together … something the families and the police say is key to a positive outcome.

The previous separation of the trials into the murders of Clinton (1994) and Evelyn (2006) meant that juries never heard about alleged similarities between them.

 

[Bohemian]

http://www.nambuccaguardian.com.au/...ders-court-of-appeal-hearing-tomorrow/?cs=733

NOVEMBER 28 2017 - 1:00PM

Families of the three murdered children return to court

Once again the families of the three children murdered in Bowraville between September 1990 and February 1991 are climbing into their cars and heading to Sydney, to court.

For 27 years they have fought for justice for their children, 16-year-old Colleen Walker, four-year-old Evelyn Greenup and 16-year-old Clinton Speedy-Duroux.

There have been many obstacles, not least racism, police conduct and resourcing plus the complexities of the justice system, but the families say they are hopeful this will be the opening of the final act.

We have already been waiting for 27 years – we are good at it, we have made it an art form.”
Michelle Jarrett

​

“I would say we are feeling anxious and stressed but also quietly confident,” Michelle Jarrett, Evelyn’s aunt, said.
“We are certainly happy to be back in court.

“The result (whether the case will go to retrial) will be announced in February next year.

“It’s more waiting but we have already been waiting for 27 years – we are good at it, we have made it an art form.”

Tomorrow, Wednesday, the families will watch from the public gallery of the Banco Court as a special four-day hearing of the Court of Criminal Appeal listens to evidence presented in an effort to have two previous court findings of not guilty quashed and the case ordered for retrial.

It will be the first time that evidence about all three murders has been heard together … something the families and the police say is key to a positive outcome.

The previous separation of the trials into the murders of Clinton (1994) and Evelyn (2006) meant that juries never heard about alleged similarities between them.

Finally. Godspeed.