Convicted murderer Sue Neill-Fraser loses second bid for freedom
Sue Neill-Fraser has been “let down” by the system, supporters have claimed, saying the state’s justice system “is not listening to the truth”. LATEST >>
Police & Courts
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FORMER premier Lara Giddings, who has recently and publicly thrown her weight behind the cause of exonerating Sue Neill-Fraser, says the justice system “is not listening to the truth”.
Delivering an impassioned speech outside court on Tuesday, Ms Giddings announced she was disappointed with the appeal outcome
“I cannot stand here today and allow a woman to rot in prison who is innocent,” she said.
In September, Ms Giddings backed calls in parliament by independent MLC Mike Gaffney to reopen Neill-Fraser’s appeal before a judgment was handed down, with Mr Gaffney tabling “critical papers” penned by Canberra barrister Hugh Selby and former Integrity Commission CEO Barbara Etter.
With the appeal outcome now decided, Ms Giddings backed calls by the convicted killer’s supporters to hold a Commission of Inquiry into Tasmania’s justice system, claiming Neill-Fraser had been “let down” by the system.
“It is absolutely critical that we have a Commission of Inquiry into this case, a Commission of Inquiry that would allow wider cases of miscarriages of justice to be heard as well in Tasmania,” she said.
“We have many concerns about how this case has been handled since day one.
“We cannot today say that what we’ve seen is justice through the Tasmanian courts.
“We must have a Commission of Inquiry, in the same way there was a royal commission into the Lindy Chamberlain case.”
Neill-Fraser’s second appeal was the first of its kind in Tasmania, whereby a second or subsequent appeal can be brought on the basis of “fresh and compelling evidence”.
The legislation was tabled in 2015 by former attorney-general, the late Vanessa Goodwin.
But Ms Giddings said despite the new legislation and “the first time we’ve been able to test” the new Right to Appeal law, the “system failed once again”.
She said appeal witness Meaghan Vass, who recanted her evidence on day two of the hearing, had not been properly supported throughout the process.
“The system here is not listening to the truth. They don’t want to know the truth. The system isn’t set up for the truth,” Ms Giddings said.
“If that vulnerable person had been adequately supported in the appeal, we might not be listening to what we’ve heard today from the court.
“So instead we stand here today with an innocent woman still in prison, going into her 13th Christmas in prison.”
Ms Giddings also called on the establishment of a Criminal Cases Review Commission in Tasmania, similar to the body established in the United Kingdom to investigate alleged miscarriages of justice.
Supporters ramp up action after Sue’s bid for freedom is dashed
SUPPORTERS of Sue Neill-Fraser are threatening to ramp up protests against her imprisonment in light of the Criminal Court of Appeal’s decision on Tuesday to dismiss her bid for freedom.
The irate members of the Sue Neill-Fraser Supporters Group formed a cordon outside the Supreme Court building in Hobart to protest against the decision.
One of the supporters, Benjamin Dean, stormed out of the courtroom in disgust following the announcement.
“How is this not a violation of fundamental human rights, where logic is no longer considered necessary for justice? It’s absurd,” Mr Dean said.
The supporters group said it would be upgrading this year’s annual vigil – held on December 18 – to a “rally”, threatening to escalate its lobbying efforts until Ms Neill-Fraser is freed from prison.
During Tuesday’s protests, a heckler drove by yelling “best decision ever” drawing boos and hisses from the assembled crowd.
One of the group’s founders, Amanda Star, said she did not know Neill-Fraser before the court case, but found herself sympathising with her during the course of the proceedings.
“I’m very aware that Sue is only a few years younger than me. I certainly wouldn’t want to be banged up in jail for another 10 years,“ Ms Star said.
“I just happened to go to her court case because I was interested, and I’m interested in court cases generally. At the end, I thought an innocent woman has been found guilty.”
3PM: TENSION in the courtroom was palpable in the moments before Sue Neill-Fraser lost her second bid for freedom.
A nervous atmosphere filled the Court of Criminal Appeal, which was filled with lawyers, supporters, journalists – and Neill-Fraser’s two daughters.
Nine months of waiting drew to a close as the three judges made their way to the bench, with the outcome revealed in fewer than five minutes.
The convicted murderer, dressed in a black blazer and slacks with a floral shirt, appeared crestfallen as the judgment was handed down to barely audible sighs of disappointment in the public gallery.
Slightly unsteady on her feet – Neill-Fraser often uses a wheelchair – and appearing tired, she was led out of the docks by a female police officer.
Meanwhile, in a full overflow courtroom, some of the grandmother’s supporters jeered when Justice Helen Wood announced the appeal had been dismissed.
Neill-Fraser is now back at Risdon Vale’s Mary Hutchinson Women’s Prison, where she is said to be popular with the other female inmates and is known for cooking her annual Christmas pavlova.
12PM: THE announcement of Sue Neill-Fraser’s unsuccessful appeal came as a shock to 82-year-old Lynn Giddings, who has been visiting Ms Neill-Fraser in prison nearly every month since her conviction for the muder of Bob Chappell.
Ms Giddings is close friends with Ms Neill-Fraser’s mother Helen, and is also the mother of former premier Lara Giddings.
“My first conversation with Sue was in prison. I went to the trial for her mother’s sake to explain to Helen what was going on,” Ms Giddings said.
“Sue is stoic and is being so good to the other female prisoners. They’ve got nothing but nice things to say about her because she can read and write, and she can make pavlova for their birthdays.”
Mrs Giddings has been attending a vigil outside parliament lawns every year on December 18 along with other Sue Neill-Fraser supporters.
The members say they are ramping up their yearly vigil, which they are now dubbing a “rally”.
The Tasmanian Court of Criminal Appeal - comprised of Justices Helen Wood, Stephen Estcourt and Robert Pearce - on Tuesday handed down their judgment revealing they’d neither acquit the 67-year-old Neill-Fraser nor order a retrial.
9:50AM: THE fate of Tasmania’s most famous female prisoner has been sealed.
Convicted murderer Sue Neill-Fraser will not leave prison this year, losing her second bid for freedom today after an almost nine-month wait.
The Tasmanian Court of Criminal Appeal - comprised of Justices Helen Wood, Stephen Estcourt and Robert Pearce - handed down their judgment this morning, revealing they’d neither acquit the 67-year-old grandmother nor order a retrial.
Neill-Fraser has been locked up since August 2009 for the Australia Day murder of her partner Bob Chappell and committing his body to a “sea burial” from their yacht, the Four Winds.
She has always protested her innocence.
She will be eligible to apply for parole as of August 2022, but her supporters believe she won’t leave the Mary Hutchinson Women’s Prison shy of her full 23-year sentence without an exoneration.
9:45AM: Several Sue Neill-Fraser supporters have been relocated to another room, due to the main courtroom surpassing maximum capacity.
Around half a dozen supporters were shuffled into the adjacent building, where they will be watching the proceedings via videolink.
The main courtroom currently has stricter seating restrictions due to coronavirus-related regulations.
9AM: Supporters of convicted murderer Sue Neill-Fraser have begun milling outside the Court of Criminal Appeal.
About half a dozen supporters have turned up for the hearing which will today determine whether or not to uphold Ms Neill-Fraser’s appeal to overturn her murder charge.
One of the supporters is former Tasmanian Premier Lara Giddings, who has been a staunch advocate during the proceedings.
“I’m hopeful but not very positive that we might actually see justice today through the Tasmanian court system,” she said.
“Regardless of the outcome today, I believe there does need to be a commission of inquiry so we can look and see what’s gone wrong in this case from a systematic point of view
“I wouldn’t be standing here today if I didn’t have real concerns about this case and the way it’s been managed from day one.”
Daughter, Sarah Bowles, also stood outside of court, awaiting the decision.
“We’ll have to see how it goes. I guess regardless of the outcome we’ll press on and continue to fight for mum” she said.
Rosie Crumpton-Crook, a long-time supporter of Sue Neill-Fraser during her time in prison, said it was a nervous wait.
“We are very anxious to find out the result of the appeal. We’ve been waiting a long time, very close to six years, which is outrageous in itself,” she said.
“We’re very uncertain. I would say we’re preparing for the worst, but hoping for the best.”
“In the event of her having the appeal denied, we have plans to be very active in the future - we’ll have a rally on the 18th of December”
Sue Neill-Fraser’s appeal against murder conviction to be decided
CONVICTED killer Sue Neill-Fraser will know if she can leave prison this morning.
The Court of Criminal Appeal will reveal the outcome of an appeal against her conviction for the murder of her partner Bob Chappell on the couple’s yacht on Australia Day 2009.
Neill-Fraser is serving a 23-year jail sentence but is due for parole in August next year.
Mr Chappell’s body has never been found.
The Court of Criminal Appeal, comprising Justices Helen Wood, Stephen Estcourt and Robert Pearce will decide whether to dismiss her appeal – the second she has made – or order a re-trial or acquit her.
Rosie Crumpton-Cook, president of the Sue Neill-Fraser Support Group, said she was worried and anxious about the appeal court’s decision.
“I’m not very hopeful with the way things have gone so far,” she said.
“But who knows? We’re hoping for the best, but preparing for the worst.”
While Ms Crompton-Cook has never met Neill-Fraser, she has been campaigning for years for an independent inquiry into her case.
“Whatever happens, this is not the end of the road for us, we will step up our campaign,” she said.
“If she loses, all bets will be off and we will make a big noise.”
Ms Crompton-Cook said Neill-Fraser was determined to be exonerated.
“She is very brave and says she will not take parole because she does not want to come out (of prison) as a convicted murderer – she wants to be exonerated,” she said.
Neill-Fraser’s 2012 appeal was dismissed but the law was changed to allow an appeal if there was new and compelling evidence.
If the Court of Criminal Appeal dismisses her appeal, Neill-Fraser may appeal to the High Court.
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