Family of NCA bomber Domenic Perre considering issuing a petition of mercy to seek to clear his name following his death

The family of domestic terrorist Domenic Perre are considering an extraordinary legal step to clear his name – one that worked for another alleged murderer.

Convicted NCA bomber Domenic Perre. Picture: NCA NewsWire / Brenton Edwards

Convicted NCA bomber Domenic Perre’s family are considering taking the extraordinary step of issuing a “petition for mercy” to “clear his name” in the wake of his death.

The Advertiser can reveal Perre’s family and lawyers are exploring the same legal avenue that saw murder suspect Henry Keogh freed after decades behind bars.

In a statement on Friday, Perre’s family said they are not prepared to allow his appeal against his murder and attempted murder convictions to die with him.

“The Perres have lost a much loved member of their family who had always maintained his innocence,” they said via solicitor James Noblett.

“They have also lost the opportunity to clear his name through the appeal process.

“In the circumstances, consideration is now being given to a petition for mercy.”

Perre looks toward the former NCA office from the roof of a multi level carpark in Pitt St during his trial. Picture: NCA NewsWire / Brenton Edwards

Traditionally, a petition for mercy is issued to a government when an offender has exhausted all rights of appeal before that state’s courts and the High Court of Australia.

That process has long been considered controversial, with legal academics saying it lacks transparency and invokes the discretion of politicians without judicial oversight.

In South Australia, legislation was drafted in 2013 to create a public and transparent process by which petitions for mercy are decided.

Under the Statues Amendments (Appeals) Act, an offender who has exhausted all avenues of appeal may file “a second or subsequent” challenge to their conviction.

To do so, they must satisfy the Court of Appeal that there is “fresh and compelling evidence that, in the interests of justice, (should) be considered”.

The court must also be satisfied “there was a substantial miscarriage of justice” before allowing such an appeal.

The most high-profile case to use the legislation is that of Keogh, who served 21 years in prison over the 1994 death of lawyer Anna-Jane Cheney.

Murder suspect Henry Keogh. Picture: Matt Turner.

In 2014 he won a retrial on appeal and was released from prison, but prosecutors opted not to pursue him a third time.

Though the allegations against him remain live, he was awarded a $2.57m taxpayer-funded payout by the then Liberal Government in 2018.

Perre died, aged 66, on Monday night – just 213 days into his 37-year minimum term for murder and attempted murder.

The Supreme Court found him guilty, following a marathon 11-month trial, of committing the infamous 1994 parcel bombing of the NCA Building on Waymouth St.

The explosion killed Detective Sergeant Geoffrey Bowen, maimed lawyer Peter Wallis, and sparked almost 30 years of investigations leading to Perre’s conviction.

He maintained his innocence until his death, claiming key witnesses in his trial and long-dead mafia figures could have been responsible for the bombing.

Following Perre’s death, Court of Appeal president Mark Livesey told The Advertiser an individual’s right to challenge their conviction dies with them.

Legal sources, however, suggested counsel could push for unfinalised judgments to be released by arguing there were “exceptional circumstances” to do so.

In court on Friday, president Livesey said the correct course was to formally dismiss Perre’s application for permission to appeal against his convictions.

However, he said the could only be done before the Full Court once proof of death had been provided.

Prosecution and defence counsel agreed that was the appropriate course, and the matter will be dismissed on a date to be set.