Bowraville families want to know why cops pulled from case

Police investigating the suspected serial killing of three children in the NSW country town of Bowraville have been pulled from the case, leaving the grieving families in limbo.

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Police investigating the suspected serial killing of three children have been abruptly removed from the case and senior officers have yet to respond to pleas for information from grieving families.

The children – aged between four and 16 – have been the subject of a 30-year fight for justice since disappearing from Bowraville on the NSW North Coast in 1990 and 1991.

Colleen Walker, Evelyn Greenup and Clinton Speedy were murdered over a five-month period.

One man has been identified as a person of interest and acquitted in separate trials for two of the murders — Clinton Speedy-Duroux, 16 and Evelyn Greenup, 4.

The third victim, 16-year-old Colleen Walker, has never been found but she was last seen in the company of the man allegedly involved in the other murders. Colleen’s clothes were found in a nearby river, weighted down with rocks.

Colleen Walker, Evelyn Greenup and Clinton Speedy were murdered over a five-month period between 1990 and 1991.

The families successfully fought for new “double jeopardy” laws that could have allowed a unified trial so that a jury could hear evidence allegedly linking the three deaths — but courts have so far refused to allow a new trial.

A group of lawyers from Jumbunna Institute for Indigenous Education and Research and Greens MP David Shoebridge have put amended legislation to parliament, which is currently being considered.

NSW Police has refused requests by retired detective Gary Jubelin for a formal handover of

the case to another homicide investigator and the experienced officers working on the case have not been consulted.

Homicide squad commander Danny Doherty said yesterday the case had been referred to Unsolved Homicide for formal review but a $250,000 reward was still available for information leading to a conviction.

Former NSW Homicide Squad detective chief inspector Gary Jubelin.

Michelle Jarrett, aunt of Evelyn Greenup, with a photograph of her niece.

Jubelin, who retired from the force last year, and has been charged with illegally recording a person of interest in relation to the disappearance of William Tyrrell, 3. A Local Court magistrate will hand down his verdict on Jubelin’s alleged breach of the Surveillance Devices Act on April 6.

Jubelin has argued he had a lawful right to record the person of interest, who was already the subject of legal police listening devices.

In September 2019 the Bowraville families conducted a peaceful protest march in Sydney’s CBD, asking police who was running the investigation after Jubelin’s retirement. They got no response.

In November 2019 all three families wrote to Police Commissioner Mick Fuller, again asking who was now running the investigation. They received a written response saying the matter would be referred to the “relevant commands”.

On 7 February 2020 they received a letter signed by Commissioner Fuller which addressed some of the issues raised in November, but they still have not spoken to a police officer or know who is in charge of their investigation since Jubelin’s retirement 7 months ago.

The unsolved murders of three Aboriginal children in the NSW country town of Bowraville continues to traumatise the community, who have been fighting for justice for 30 years.

The Double Jeopardy Rule is a long-established principle of criminal law that prevents a person acquitted of a criminal offence from being tried again for the same offence.

On 17 October 2006, amendments to the double jeopardy law were passed by the NSW parliament. This allowed an acquitted person to be retried for a serious crime if there is ‘fresh and compelling’ evidence. Following this, numerous unsuccessful applications were made to the Office of the Director of Public Prosecutions and the Attorney-General for the matters to be retried.

On 13 September 2018, the NSW Court of Criminal Appeal dismissed an application for a retrial of the person for the alleged murders of Clinton and Evelyn and a joint indictment for the murder of Colleen. The court found that although police did uncover new evidence by interviewing witnesses who’d never spoken before, their evidence was “available” before the earlier trials and could have been tendered.

The High Court in March 2019 refused to hear an appeal against the Court of Criminal Appeal’s decision.

On 30 May 2019, a bill was introduced into the NSW Legislative Council. The Upper House Committee is currently considering the technical and legal implications of proposed changes put forward.

Originally published as Bowraville families want to know why cops pulled from case