Sue Neill-Fraser appeal application: Live coverage of murder conviction case

Tasmania Police said they have reinterviewed Meaghan Vass following her interview with 60 Minutes earlier this month. It comes after Justice Michael Brett’s granted convicted murderer Susan Neill-Fraser’s application to appeal for a second time.

Sue Neill-Fraser will today find out whether she has succeeded in her application to appeal against her murder conviction.

UPDATED 6.45PM: Tasmania Police said they have reinterviewed Meaghan Vass following her interview with 60 Minutes earlier this month.

Assistant Commissioner Richard Cowling issued a statement this evening following Justice Michael Brett’s decision to allow Susan Neill-Fraser to appeal her murder conviction for a second time.

“Tasmania Police fully supports the legal process and remains confident in the integrity and thoroughness of the original and subsequent investigation teams,” Assistant Commissioner Cowling.

“Police reinterviewed Ms Vass earlier this month after 60 Minutes promotional material suggested a new version of events.

“Further evidence associated with that interview will be provided to the Director of Public Prosecutions.

“As the matter is now confirmed to proceed to appeal, it would be inappropriate to

make further comment.”

EARLIER 5.25PM: The Susan Neill-Fraser support group has released a statement following today’s landmark decision to allow her to appeal her murder conviction for a second time.

“This is the first time in 10 years that Sue has been given reason for hope in her long quest for judgment,” it said.

“We remain deeply concerned for Sue’s well being. A sense of urgency is needed in dealing with this matter to ensure vulnerable people are afforded due process.”

EARLIER 5.10PM: Susan Neill-Fraser’s daughter Sarah Bowles has spoken outside Hobart’s Supreme Court after her mum won a landmark appeal decision.

“We’re extremely grateful for Justice Brett’s decision today. However, it is one step in the course of a long journey,” Ms Bowles said.

Sue Neill-Fraser's daughter Sarah Bowles addresses the media outside Hobart Supreme Court after her mother's bid for an appeal was approved. Picture: PATRICK GEE

“Mum is an innocent woman and it’s time she came home for cuddles with her grandchildren. “I want my mum back. I appeal to anybody who knows what happened to Bob [Chappell] and can free an innocent woman to come forward.

“Australia should not be satisfied with how justice has unfolded in this case. No family should ever go through what we’ve been through.”

Supporters clapped Ms Bowles as she left.

EARLIER 5PM: The fate of Sue Neill-Fraser’s appeal application has been handed down.

In a landmark decision, convicted murderer Susan Neill-Fraser will have her case re-heard in a new appeal.

Justice Michael Brett has this afternoon delivered his judgment in the long-running case, allowing her to again appeal her conviction.

He said he is satisfied there is a reasonable case and it is the interest of justice that leave for an appeal by granted.

Neill-Fraser smiled as she left the courtroom.

Neill-Fraser’s legal team lodged the appeal papers in February 2016 after new legislation came into effect in late 2015.

It allows a new avenue of appeal for a convicted person if they satisfy the court there was “fresh and compelling evidence” and there had been a substantial miscarriage of justice.

Justice Brett has outlined his reasons for allowing the appeal in a written judgment.

Daughter Sarah Bowles will address the media outside the court soon.

More details will be reported shortly.

EARLIER 4.50PM: Justice Brett says he has not seen the 60 Minutes interview with Meaghan Vass that aired on Channel 9 in every state except Tasmania earlier this month.

He is now reading his concluding remarks.

Justice Brett said there is no question the evidence is fresh, “but is it compelling?”

EARLIER 4.40PM: Justice Brett is recounting the hearing from earlier this year.

The evidence given in the latest hearing in relation to the DNA presence of Meaghan Vass on-board the Four Winds is being recounted.

“Since the trial, she has made a number of admissions about having further knowledge of the evidence,” Justice Brett said on Vass.

EARLIER 4.30PM: Justice Brett is reading his judgment to a packed courtroom.

He has outlined the background of the original trial and his requirement to consider if there is fresh and compelling evidence to allow an appeal.

He will announce if the appeal is allowed at the end of the judgment.

Neill-Fraser has nodded intermittently during the reading of some of the facts.

She is wearing a pink shirt and black jacket.

EARLIER 4PM: Susan Neill-Fraser is in the dock. Justice Brett has arrived and the hearing is underway.

Members of Neill-Fraser’s family have filled the front row of the public gallery and supporters are flowing into the remaining seats, with the arrival of Justice Michael Brett imminent.

A video link to Neill-Fraser’s legal team in Melbourne has been turned on in court.

EARLIER 3.50PM: Susan Neill-Fraser’s daughter Sarah Bowles has told awaiting media outside the court she is feeling ‘optimistic’ ahead of today’s hearing.

Director of Public Prosecutions Daryl Coates and his team have arrived and the foyer of the court is now packed with supporters.

EARLIER 3.45PM: More than 20 members of the public have arrived at the Supreme Court in Hobart already ahead of the anticipated Neill-Fraser case at 4pm.

The assault trial of former Royal Hobart Hospital doctor Arlene Taylor is wrapping up for the day in court 8 before the murder appeal case will be heard.

EARLIER 3PM: The hearing on whether a last-ditch appeal in one of Tasmania’s most intriguing murder cases will be allowed is less than an hour away.

Susan Neill-Fraser, convicted in 2010 of murdering her partner Bob Chappell on the couple’s yacht Four Winds off Sandy Bay on Australia Day 2009, last month mounted an appeal application under new laws introduced in 2015.

Justice Michael Brett will hand down his judgment on whether there had been “fresh and compelling” evidence presented to allow an appeal from 4pm today.

Sue Neill-Fraser's daughters Sarah Bowles (left) and Emma Fraser-Meeker (right) with Barrister Tom Percy QC (centre) during her appeal application. Picture: RICHARD JUPE

EARLIER: A decision on whether convicted murderer Susan Neill-Fraser’s last ditch appeal will be allowed to go ahead or not may be made on Thursday.

Justice Michael Brett had heard from the final witness in Neill-Fraser’s appeal application last month, and has been considering whether there had been “fresh and compelling” evidence presented to allow an appeal.

Artists impression of the Sue Neill-Fraser trail in Hobart 05/02/2019.

Neill-Fraser, 65, was convicted in 2010 of murdering her partner Bob Chappell, 65, on the couple’s yacht Four Winds off Sandy Bay on Australia Day 2009. She is serving a 23-year prison sentence.

In 2012, the Court of Criminal Appeal rejected her appeal, the High Court declined to hear her case and a coroner’s inquest found she was responsible for Mr Chappell’s death.

Last week, Justice Brett reopened the appeal case after a TV documentary was broadcast the previous weekend. Neill-Fraser’s lawyer Chris Carr asked for further affidavits to be tendered before Justice Brett made his decision.

“There was an episode of a current affairs program 60 Minutes on Sunday evening, which showed an interview with Meaghan Vass and revealed that she had made an affidavit concerning the events on the Four Winds on the night of January 26, 2009,” Mr Carr said.

Ms Vass was a 15-year-old homeless girl when Mr Chappell was killed. Her DNA was found on the yacht and when she gave evidence at Neill-Fraser’s trial in 2010, Ms Vass said she was not on the boat.

In April 2017, Ms Vass signed a statutory declaration that she had been on the yacht on the day of the murder.

Mr Carr said last week he also hoped to obtain an affidavit from the person who took Ms Vass’ affidavit, sworn in Sydney on February 25, “to explain the circumstances of the taking of the affidavit”.

Justice Brett agreed to receive the further evidence and adjourned the case until Thursday.

The case has been listed for further hearing at 4pm in the Supreme Court in Hobart.