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Eastman not guilty verdict leaves Winchester family 'disappointed'

By Michael Inman

The family of Colin Winchester is "extremely disappointed" following David Eastman's acquittal of the ACT police chief's murder.

Mr Eastman was on Thursday found not guilty at trial of Mr Winchester's 1989 murder.

Mr Winchester's family issued a statement via Victim Support ACT, and delivered by former ACT Victims of Crime Commissioner John Hinchey, outside court.

"We are extremely disappointed," the statement said.

"We acknowledge the DPP and the AFP for their professionalism and determination, in particular [lead investigator and former detective commander] Ric Ninness and his team," the statement said.

Mr Hinchey said the family had been through "hell and back" since the January 10 murder.

Murdered AFP assistant commissioner Colin Winchester.

Murdered AFP assistant commissioner Colin Winchester.Credit: Fairfax

"Twenty-three years ago the late Gwen Winchester stood outside this court after the first trial had a finding of guilt, and said that her late husband Colin can rest in peace," Mr Hinchey said.

"Today, that small consolation has been taken from the Winchester family.

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"Thirty years next January, Colin Winchester was murdered, that's a long time to carry, not only grief but two trials, a full commission of inquiry, an appeal to the federal court, an appeal to the High Court."

Mr Hinchey said the federal police, broadly, would also feel the pain of the verdict.

"[The AFP] would be heartbroken I believe, and grieve stricken again, it's another day of mourning for the AFP and the Winchester's," he said.

"[The AFP] have stood side-by-side with the Winchester family, they have been loyal supporters as a group of people and as a profession.

"I pray that at some stage in the future, the family finds some peace."

Separate statements from the federal police and director of public prosecutions also noted the impact of the cases on the Winchester family.

The Winchester family's grief has often been played out in the public spotlight, and frequently overshadowed by decades of court wrangling and speculation over Mr Eastman's 1995 murder conviction.

The family has spurned the spotlight and declined to speak publicly, save for issuing a rare statement on significant occasions.

Mr Winchester's widow, Gwen, will never know the outcome of the trial, having died in 2015 aged 78, only months after Mr Eastman's release from custody.

Gwen Winchester leaves the Coroner's Court in 1992.

Gwen Winchester leaves the Coroner's Court in 1992.Credit: Canberra Times

Tributes to Mrs Winchester recalled her "incredible strength and character" after the assassination of her husband, the hunt for his killer, a trial, appeals and inquiries.

The Australian Federal Police and ACT Policing statement said they acknowledged the verdict, and members' thoughts were with the Winchester family.

"Chief police officer for the ACT, Assistant Commissioner Ray Johnson recognises the dedication and significant efforts of all those officers who have investigated this matter over almost 30 years. The AFP continues to have full confidence in the capabilities and professionalism of our investigators both now and in those who initially brought this case before the court," it said.

"This matter has placed strain on the Winchester family over a long period and they will continue to receive our support. Similarly, former and current members involved in the case will be supported both professionally and personally.

"In light of today’s outcome, the AFP will consult with its partners on any future actions."

The Director of Public Prosecutions Jon White also issued a brief statement on the case.

"After a trial in which both parties presented their cases fully and professionally, the justice system has delivered its verdict," he said.

"I would like to compliment the prosecution team led by Murugan Thangaraj SC for their dedication and professionalism. I would also like to acknowledge the investigating officers in this most challenging investigation.

"My thoughts are with the Winchester family who have displayed great forbearance in the face of unimaginable tribulations. There will be no further comment at this time."

One of Mr Eastman’s former lawyers and the man who helped spark the inquiry that overturned the 1995 conviction, Terry O'Donnell, was in court when the verdict was returned.

Outside court, he said he had feared his former client would be convicted again.

"It was a very long fight … the first trial was an absolute disgrace, it was a shambles, it was a misscarriage," he said.

"He spent 19 terrible years in prison, and all I can say he is now in a much better state than he was 27 years ago when I first represented him.

"I'm relieved for him [but] the result was for Mr Eastman and Mr Eastman alone."

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Original URL: https://www.smh.com.au/link/follow-20170101-p50gx9