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MLC Mike Gaffney and former Premier Lara Giddings call for Sue Neill-Fraser appeal to be reopened

The Police Association say they are frustrated with last week’s call to re-open Neill-Fraser’s murder appeal, which was held earlier this year. LATEST >>

Recent questions raised about the original Sue Neill-Fraser case are nothing more than “innuendo, rumour and erroneous facts”, with the final verdict yet to be delivered on her latest appeal, the state’s police union has argued.

Police Association of Tasmania president Colin Riley says he is frustrated with last week’s call by Legislative Council member Mike Gaffney to re-open Neill-Fraser’s murder appeal, which was held earlier this year, and the ongoing speculation by the wider public.

“This investigation has probably been through more rigour over the last 10 years than any other investigation Tasmania Police have done, and it has stood scrutiny through the court process, through the ombudsman, through the integrity commission,” he said.

“So the current appeal just needs to let it run its course and not (have) innuendo, rumour and speculation be raised while the matter is under consideration.”

Police Association of Tasmania President Colin Riley.
Police Association of Tasmania President Colin Riley.

It comes after Police Commissioner Darren Hine last week weighed into the debate, saying supporters of Neill-Fraser were making “selective arguments” and that he had confidence in the investigation and legal process.

One supporter, Mr Gaffney, had recently tabled documents through state parliament’s Legislative Council, penned by Canberra barrister Hugh Selby and former Integrity Commission CEO Barbara Etter.

“The Police Association maintains what is now being offered up as evidence is rumour, innuendo and gossip,” Mr Riley said.

Ms Etter has previously said that the papers tabled by Mr Gaffney demonstrated the “inadequacy and impropriety of the police investigation” into Mr Chappell’s death.

Sue Neill-Fraser. Picture: Bruce Monster.
Sue Neill-Fraser. Picture: Bruce Monster.

She said the papers also revealed that at the time of Neill-Fraser’s trial, important documents and evidence were not disclosed to the then-DPP by police or by his own office.

Ms Etter also said his office also failed to disclose critical information to Neill-Fraser’s defence legal team, “all of which has led to a miscarriage of justice”.

Ms Etter was part of Neill-Fraser’s legal team until mid 2017.

Former Premier and Attorney-General Lara Giddings had also put her name to the cause of exonerating Neill-Fraser.

She called on current Attorney-General Elise Archer to seek leave to reopen the appeal by enacting her powers under common law.

MLC and ex-Premier call for Sue Neill-Fraser appeal to be reopened

INDEPENDENT MLC Mike Gaffney has thrown his weight behind calls to reopen the murder appeal of convicted killer Sue Neill-Fraser.

The 67-year-old grandmother, who has been in custody since 2009 over the high-profile murder of her partner Bob Chappell, is currently waiting on a decision to be handed down by the Court of Criminal Appeal in her second – and likely final – bid for exoneration.

Her supporters are now running a campaign to have the appeal reopened, and for the trio of judges yet to decide her fate to be provided with evidence they claim proves Neill-Fraser is innocent.

Independent MLC, Michael Gaffney. Picture: Zak Simmonds
Independent MLC, Michael Gaffney. Picture: Zak Simmonds

Their cause was bolstered on Tuesday night with Mr Gaffney tabling “critical papers” in state parliament’s Legislative Council, penned by Canberra barrister Hugh Selby and former Integrity Commission CEO Barbara Etter.

“This case will not rest, and for good reason,’’ Mr Gaffney said, outlining a range of issues highlighted in the papers.

“What if Sue Neill-Fraser was a member of your family, a friend or a person you represent in your electorate?

“I raise this matter here in this place as this place is here to protect the rights of all Tasmanians.”

Former Premier and Attorney-General Lara Giddings has now also put her name to the cause of exonerating Neill-Fraser.

She called on current Attorney-General Elise Archer to seek leave to reopen the appeal by enacting her powers under common law.

“The Attorney-General may override a decision of the Director of Public Prosecutions to prosecute or not prosecute a case or take over proceedings in which the DPP has appeared, at will,” Ms Giddings said.

“While such powers should be rarely used, they continue to exist for extraordinary circumstances such as that we now find ourselves in.

“It is time for the court to hear all the evidence and understand how this miscarriage of justice has taken place.”

Former Premier and Attorney-General Lara Giddings. Picture: LUKE BOWDEN
Former Premier and Attorney-General Lara Giddings. Picture: LUKE BOWDEN

Ms Etter said the papers tabled by Mr Gaffney demonstrated the “inadequacy and impropriety of the police investigation” into Mr Chappell’s death.

She said the papers also revealed that at the time of Neill-Fraser’s trial, important documents and evidence were not disclosed to the then-DPP by police or by his own office.

Ms Etter also said his office also failed to disclose critical information to Neill-Fraser’s defence legal team, “all of which has led to a miscarriage of justice”.

Ms Etter was part of Neill-Fraser’s legal team until mid 2017.

Sue Neill- Fraser’s supporters holding a vigil for the 12th anniversary of her incarceration. Picture: Chris Kidd
Sue Neill- Fraser’s supporters holding a vigil for the 12th anniversary of her incarceration. Picture: Chris Kidd

“The issues raised in our papers are not currently before the court and therefore there is no issue in discussing these matters in the public arena and that of the parliament,” she said.

“The only matter being considered by the court relates to the DNA evidence of (key witness) Meaghan Vass and the associated legal considerations, which these papers do not address.”

Original URL: https://www.themercury.com.au/truecrimeaustralia/police-courts-tasmania/mlc-mike-gaffney-and-former-premier-lara-giddings-call-for-sue-neillfraser-appeal-to-be-reopened/news-story/9ae6aa1f4f776e959eaa2b611f4e15cc