SNF’s legal team not about to rest on haunches in approach to appeal

Sue Neill-Fraser’s ‘strands in a cable case’ to be appealed in Court of Criminal Appeal soon, but there’s a lot of work to do in the lead up, says lawyers.

Sue Neil Fraser's new laywer Paul Galbally from Melbourne firm Galbally & O'Bryan at the Supreme Court hearing of Sue Neil Fraser's last-ditch appeal. Picture: MATHEW FARRELL

SUSAN Nell-Fraser’s lawyers are hopeful of filing an appeal with the Court of Criminal Appeal soon, but say there’s a lot of work to do.

Neill-Fraser was given a second chance to appeal against her murder conviction in a landmark judgment handed down by Justice Michael Brett in the Supreme Court in Hobart on Thursday.

A right-to-appeal law introduced in 2015 gave Neill-Fraser a last-ditch chance at acquittal.

Justice Brett said he was satisfied Neill-Fraser had fresh and compelling evidence to present to the Court of Criminal Appeal and it was in the interests of justice that she be given a second appeal.

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Paul Galbally, of Galbally and O’Bryan, Victoria, is one of several criminal defence lawyers working on Neill-Fraser’s case.

“There’s a lot of work that’s required to be done and we’re hopeful of filing an appeal as soon as practicable,” he said on Friday.

Barrister Todd Kovacic said if the Court of Criminal Appeal upheld the second or subsequent appeal of a convicted person, it may quash a conviction and either direct a judgment and verdict of acquittal or order a new trial.

“The Court of Criminal Appeal will hear evidence called by both parties,” he said.

“The standard of proof will be different on appeal. They only had to satisfy Justice Brett that there was fresh and compelling evidence, but they’re going to need to do more than that to convince the Court of Criminal Appeal that there’s been a substantial miscarriage of justice.”

Sue Neill-Fraser arrives at Launceston Supreme Court. Picture: BRUCE MOUNSTER

Neill-Fraser’s partner Bob Chappell on his yacht a few days before he disappeared. Picture: SUPPLIED

Sue Neill-Fraser's daughter Sarah Bowles and her husband Mark leave Hobart Supreme Court on Thursday after their mother's bid for an appeal was approved. Picture: PATRICK GEE

The Court of Criminal Appeal considers whether there was a significant possibility the jury would have acquitted the accused had the fresh evidence been before it.

Mr Kovacic said if the Court of Criminal Appeal called a retrial there was a chance Neill-Fraser could be found guilty again.

Neill-Fraser, 65, is serving a 23-year jail sentence for murdering her partner Bob Chappell, 65, on board the couple’s yacht Four Winds on Australia Day 2009. The case against Neill-Fraser was entirely circumstantial.

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