Sue Neill-Fraser launches new bid with the High Court

Details of Sue Neill-Fraser’s High Court application for special leave to appeal her murder conviction can be revealed.

It was a “substantial miscarriage of justice” to reject claims Meaghan Vass had been aboard the Four Winds yacht, according to Sue Neill-Fraser’s latest High Court bid.

The convicted murderer’s decorated legal team lodged an application on January 4 for special leave to appeal a recent Court of Criminal Appeal decision.

That judgment handed down in Hobart on November 30 last year had refused Neill-Fraser’s application to quash her murder conviction or go to retrial.

The decision was reached by majority, with Justice Helen Wood and Justice Robert Pearce dismissing the appeal and Justice Stephen Estcourt saying he would have allowed a retrial.

Sue Neill-Fraser. Picture: BRUCE MOUNSTER

The 63-year-old remains behind bars for the murder of her partner Bob Chappell on their yacht in January 2009, and will be eligible for parole this August.

The Mercury has viewed Neill-Fraser’s new application to the High Court, which highlights the DNA of Ms Vass, who was a homeless teenager when Mr Chappell vanished.

The documents reveal Neill-Fraser’s lawyers Robert Richter QC, Malcolm McCusker AC, Thomas Percy QC and Paul Smallwood QC claim the Criminal Court of Appeal incorrectly held that evidence about the now 28-year-old’s DNA found on the boat was not fresh or compelling.

Murder victim Bob Chappell on holiday in 2008. Picture: Supplied.

The lawyers claim evidence led by prosecution at Neill-Fraser’s trial about the secondary transfer of Ms Vass’ DNA should have been disclosed to the defence.

Neill-Fraser’s counsel further claims “there was no rational basis to reject the conclusion that Meaghan Vass had been on the Four Winds at the relevant time”, and that the court was mistaken for holding that there had not been a substantial miscarriage of justice.

A forensic scientist gave evidence at trial that it was possible Ms Vass’ DNA could have come to be on the boat without her ever stepping foot on it, with this evidence accepted by the trial judge.

Justice Wood said in her Court of Criminal Appeal decision Neill-Fraser’s counsel claimed she could have been acquitted if evidence had been presented that the DNA was more likely to have arrived on the boat directly rather than through secondary transfer - but Justice Wood said this submission was “an overreach”.

Justice Helen Wood, Supreme of Tasmania. Picture: Supplied.

Justice Wood said a scientist had told the court the direct DNA deposit was “the simplest explanation, and the first explanation you would think of,” but she said this didn’t mean “it was the only possible explanation”.

“It is necessary to consider the evidence regarding the opportunity that Ms Vass had to obtain access to the yacht at a time after the murder,” Justice Wood said.

If the application for leave is granted, Neill-Fraser will be able to fight her case before the High Court judges.

Sue Neill-Fraser launches new bid with the High Court

SUE Neill-Fraser is applying to the High Court for special leave to appeal the Court of Criminal Appeal’s dismissal of a bid to overturn her murder conviction.

Her daughter Sarah Bowles confirmed her mother’s legal team had recently lodged documents seeking special leave be granted.

After a nine-month wait. Neill-Fraser’s second appeal was dismissed by the Court of Criminal Appeal in November last year – but one of the three appeal court judges wrote a dissenting judgment.

Justice Helen Wood and Justice Robert Pearce refused to acquit her but Justice Stephen Estcourt said he would have upheld the appeal and “quashed the appellant’s conviction for murder”.

Sarah Bowles daughter of Sue Neill-Fraser at a rally on parliament lawns Hobart calling for Commission of Inquiry to look at all aspects of her case. Picture: Sue Bailey

“After careful consideration, I have reached the conclusion the evidence relied upon by the appellant is not fresh, is not compelling,” Justice Wood said.

“There has not been a substantial miscarriage of justice”.

In 2010, Neill-Fraser was found guilty of murdering her partner, Bob Chappell, 65, on board the couple’s yacht the Four Winds, on Australia Day 2009.

His body has never been found and she has always maintained her innocence.

Neill-Fraser will be eligible for parole in August this year but her supporters say she will not leave prison until she has been exonerated.

She was jailed for 23 years.

It will be her second request to the High Court for special leave – with the first failing.

Former Tasmanian Premier Lara Giddings is pleased the application has been made but is still arguing for a Commission of Inquiry into the case and a national Criminal Cases Review Commission.

Lara Giddings former Tasmanian Premier. Decision in the Sue Neill-Fraser case at the supreme court in Hobart. Picture Nikki Davis-Jones

“I hope this time the special leave application is successful,” Ms Giddings said.

“But regardless of the outcome in the High Court, the broader issue here is that there needs to be a Commission of Inquiry into her case. We also need a Criminal Cases Review Commission to be set up in Australia because she is not the only case that should be examined.

“We’re too small to have our own Commission in Tasmania but it would very useful to have across all jurisdictions where there have been miscarriages of justice.”

At a rally of supporters last month, Ms Bowles said she took hope from having a dissenting judge in the decision.

“This is about something so much more than just mum – this is about preventing miscarriage of justice cases occurring in the first place and putting in place reforms to ensure it doesn’t happen to other people down the track.”