High-profile Queen’s Counsel Robert Richter met with Premier Will Hodgman over murder case
ONE of Australia’s most prominent silks, Robert Richter QC, has called on the State Government to launch an independent inquiry into the Susan Neill-Fraser case.
Tasmania
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ONE of Australia’s most prominent silks, Robert Richter QC, has called on the State Government to launch an independent inquiry into the Susan Neill-Fraser case.
The request was made in a behind-closed-doors meeting with Premier Will Hodgman, Tasmania’s Acting Attorney-General Matthew Groom and Solicitor-General Michael O’Farrell on May 11 this year, The Mercury revealed on Saturday.
At the meeting, Mr Richter, who lists Mick Gatto and mass killer Julian Knight as past clients and is representing Cardinal George Pell over historical sex offences, pressed for the independent probe.
Neill-Fraser is serving 23 years for the 2009 killing of partner Bob Chappell on their yacht on the River Derwent.
The 62-year-old is fighting the conviction under landmark legislation that allows for new appeals if “fresh and compelling” evidence emerges.
Mr Richter has previously questioned Neill-Fraser’s conviction, which was upheld on appeal, writing to former attorney-general Brian Wightman about the matter in 2013.
At the May meeting, attended by two other unnamed people, Mr Richter argued for Meaghan Vass to be granted indemnity from prosecution.
Ms Vass was a then homeless 15-year-old who was called to give evidence at Neill-Fraser’s murder trial, after her DNA was found on the couple’s yacht. Ms Vass denied ever being on the Four Windsand prosecutors argued her DNA was likely transferred from elsewhere to the yacht.
The Mercury understands Ms Vass has since provided a statutory declaration claiming Neill-Fraser was not on the boat the day Mr Chappell, whose body has never been found, disappeared.
She is understood to have put two other suspects in the frame. Her evidence was part of the dossier Mr Richter gave the Government in a bid to launch an inquiry.
Mr Richter and his companions asked that any inquiry be held by an interstate former judge or director of public prosecutions. But they were told there would be no inquiry and any application for immunity should be made to Tasmania’s Director of Public Prosecutions, Daryl Coates SC.
The Government confirmed the meeting but would not comment further on it.
“A meeting was held at the request of Mr Richter. It would be inappropriate to comment on the topics of discussion,” a Government spokesman said.
News of the meeting comes in the wake of a chaotic few weeks for the case.
The charging of Karen Patricia Nancy Keefe, 41, on August 9, with perverting justice and corrupting a witness kicked off a demoralising week for Neill-Fraser and her supporters. Police allege Ms Keefe provided false evidence in the form of an affidavit including evidence relating to Neill-Fraser and Ms Vass.
On the corrupting a witness charge, police allege Ms Keefe agreed to receive $3000 cash in property, a $40,000 reward and a $50,000 education fund for herself and her children “in consideration for an understanding that Meaghan Vass be called as a witness, in a judicial proceeding, to provide false evidence”.
A few days later, police arrested a 57 year old man, saying they would charge him on summons with perverting justice. Police said they will allege the man provided false evidence in an application by Neill-Fraser to appeal her 2010 conviction.
Then on Wednesday, another bombshell — Hobart lawyer Jeffrey Ian Thompson was charged with perverting justice in relation to the case.
Police allege Mr Thompson, who was working with Neill-Fraser’s former defence solicitor Barbara Etter at the time, deliberately influenced Mr Gleeson and prejudiced photographic evidence in support of Neill-Fraser’s appeal.
The Mercury does not suggest Ms Etter, who left the defence team in June and could not be reached, is guilty of any wrongdoing.
In the wake of Mr Thompson’s arrest, police for the first time talked about an alleged “conspiracy” to pervert the course of justice that had began in November.
A police spokeswoman said that during an unrelated investigation in early February, police were given information alleging a possible conspiracy to pervert justice by falsifying evidence in support of Neill-Fraser’s appeal, which is currently before the court.
The word from inside the force is there will more charges to follow.
Outside court after Mr Thompson’s appearance on Wednesday, Neill-Fraser’s daughter Sarah Bowles said her mother would be “shocked and in disbelief with regard to this latest development”.
Renowned barrister Tom Percy QC, who is representing Neill-Fraser pro bono, declined to comment on developments this week, saying he “might have more to say” on Wednesday when the case heads to the Supreme Court in Hobart for a mention.
Melbourne criminal law specialist Paul Galbally has confirmed he is still on the defence team but declined to comment further.
Legal reform activist Bob Moles — who runs a project investigating alleged wrongful convictions in South Australia — believed the appeal could go ahead despite the charges.
“I’m of the view that the Neill-Fraser appeal could and would be successful if the appeal court was informed of the errors which had occurred at trial,” he said. “They have nothing whatever to do with the current events.”
Dr Moles highlighted the court’s decision to allow evidence about luminol — a screening test for blood but not a conclusive one — to be heard at the trial. But former Tasmanian DPP Tim Ellis SC, who prosecuted Neill-Fraser, said the defence claims surrounding luminol were baseless.
“I never claimed it was blood in there. I said it was tested with luminol but then it was examined for blood ... our witness said that she couldn’t say it was blood. The jury was never addressed on the basis it was blood in there, it’s a complete non-issue,” he said.
Tasmania Police has repeatedly defended the investigation, which it said had survived the scrutiny of an appeal and a coroner’s investigation.
“Tasmania Police has no concerns about the soundness of the Supreme Court judgment in this matter, the investigation, or the evidence tendered to the court,” a spokeswoman said.
Police would not comment on current matters.
“The investigation is ongoing and there is the possibility of further charges,” Assistant Commissioner Glenn Frame said.