Police officers to defend $5.5m Macleay Island case over quashed murder conviction

The state government and two police officers will defend a $5.5 million civil case brought against them by a bay island man who spent six years in jail before his murder conviction was quashed.

Macleay Island man Steven Fennell. Picture: AAP Image/Richard Gosling

The State of Queensland and two police officers will defend a civil court action for a damages claim of $5.5 million brought against them by a bay island man who spent more than six years in jail for murder before being released by the High Court.

Macleay Island leaflet distributor Steven Fennell brought the Supreme Court action against arresting officer detective sergeant Justin Suffolk and CIB detective sergeant Graham Kershaw in December, four years after having his murder conviction quashed.

Crown law solicitors had 28 days to lodge their intention to defend the claim and were subsequently given extensions before lodging documents at 4.18pm on Friday, minutes before the ultimate deadline.

Steven Fennell in police custody at Redland Bay in 2013. Picture: Annette Dew

Following the lodging of the documents, Mr Fennell and his legal team have 14 days to respond with the matter likely to go through Discovery and pre-trial mediation procedures before any Supreme Court hearing.

Sgt Suffolk was the arresting officer and led investigations into the murder of Macleay Island woman Liselotte Watson in November 2012.

The two officers took statements, assembled and organised the preservation of evidence along with documenting Mr Fennell’s financial details and were also responsible for commissioning a forensic accountant report.

Steven Fennell, on his delivery bike outside his house on Macleay Island. Picture: Contributed

They also charged Mr Fennell with murder after their own assessments that there was adequate evidence.

The two officers also provided information, evidence and advice to the Director of Public Prosecutions.

The statement of claims lodged on Friday, said “the defendants deny the allegations” and “believe them to be untrue”.

The case gripped the imaginations of bay island residents after revelations Mrs Watson’s toiletries bag, wallet and a claw hammer were found on the beach along with a Crime and Misconduct Commission hearing before Mr Fennell was convicted of murder and sentenced to life imprisonment in the Supreme Court in March 2016.

He spent 2373 days in jail.

The Court of Appeal dismissed an appeal in July 2017 but in 2019, the High Court granted him special leave to appeal.

The High Court, by unanimous decision, allowed the murder conviction to be quashed and a verdict of acquittal.

Macleay Island woman Liselotte Watson was murdered in 2012. Picture: File photo

Mr Fennell was contacted for comment as was the Department of Attorney-General and Department of Justice.

In Queensland, the process for seeking compensation for wrongful conviction is governed by the Criminal Law (Compensation) Act 2003.

Under this legislation, individuals who have had their convictions quashed or who have been granted a pardon by the Queensland Court of Appeal or the High Court of Australia may be eligible to apply for compensation.

The Act allows individuals who meet the eligibility criteria to apply to the Queensland Attorney-General for compensation.

The Attorney-General, or a delegate, will then assess the application based on factors such as the circumstances of the conviction, the reasons for the quashing or pardon, and any other relevant considerations.

If the application is successful, the individual may be awarded compensation, which can include monetary payments for loss of liberty, loss of earnings, and other forms of harm suffered as a result of the wrongful conviction.

Originally published as Police officers to defend $5.5m Macleay Island case over quashed murder conviction