What it was like inside Hobart Supreme Court as Sue Neill-Fraser appeal decision delivered

The was no screaming or shouts of jubilation from the public gallery when Justice Michael Brett allowed Sue Neill-Fraser to appeal her murder conviction. But there was one moment that made her furious.

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

THE courtroom was surprisingly subdued as Justice Michael Brett delivered his decision to allow convicted murderer Sue Neill-Fraser to again appeal her conviction.

It was a momentous day in the long-running case, coming more than 10 years after her husband Bob Chappell went missing.

In the lead-up to the 4pm hearing, it was not entirely clear if a decision would definitely be made, or if further submissions would be put forward.

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Justice Brett asked Director of Public Prosecutions Daryl Coates and Neill-Fraser’s legal team — appearing via video-link from Melbourne — if they had any further submissions, to which both replied ‘no’.

The judge then went ahead and read his reasons for decision.

One moment clearly made 65-year-old Neill-Fraser, who was wearing a dark pink shirt, a black jacket and trousers, furious.

Sue Neill-Fraser's daughters Sarah Bowles and Emma Mills arrive at Hobart Supreme Court on March 21, 2019. Picture: PATRICK GEE

As Justice Brett ran through the potential ways Mr Chappell could have died as presented by the prosecution, he addressed a theory that involved Neill-Fraser killing her partner in the saloon area before winching his body into the yacht’s dinghy and driving him away from Hobart for a “deep sea burial.”

She shook her head vigorously at the idea.

But, she nodded as Justice Brett recounted her evidence at trial about her travelling to the Four Winds by dinghy at about 2pm on the day in question.

“According to her, she left Mr Chappell aboard the yacht some time in the afternoon. The applicant’s evidence was to the effect that Mr Chappell had wanted to stay on the yacht for the night because he wanted to complete some work,” he said.

Packed with supporters and media, the courtroom was surprisingly subdued as Justice Brett delivered his decision about 50 minutes after he began reading his judgment aloud.

This process itself was unusual as Supreme Court judges more commonly just state if an appeal has been granted or denied and then publish their reasons, which are then made available in detail in hard copy and online.

As he announced that he had found “fresh and compelling” evidence and the application for appeal was granted, there was no reaction from the often rowdy group of supporters.

As they gathered to listen to Neill-Fraser’s daughter Sarah Bowles address the media, supporters clapped her after her statement before swiftly leaving shortly after 5pm.

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