Sue Neill-Fraser’s High Court bid to unfold on Friday in latest attempt to prove her innocence

The High Court will soon consider whether to take on the case of convicted murderer Sue Neill-Fraser, who continues to protest her innocence after 13 years in prison.

SUE Neill-Fraser will once again fight for her freedom this Friday – this time before the highest court in Australia.

On August 12, Neill-Fraser’s high-profile lawyer, Robert Richter QC, will appear before the High Court, applying for special leave to appeal the convicted murderer’s most recent failed attempt for exoneration in the Tasmanian Court of Criminal Appeal.

Robert Richter QC at Sue Neill-Fraser’s second appeal last year. Picture: Zak Simmonds

The case will be held in Canberra, but heard entirely via video-link, with Director of Public Prosecutions – Daryl Coates SC – representing the State of Tasmania.

It is understood the 68-year-old grandmother will not appear during proceedings, but will remain where she is currently incarcerated at the Mary Hutchinson Women’s Prison.

Rosie Crumpton-Crook, president of the Neill-Fraser Support Group, said her supporters were “very, very nervous”.

“I had a letter from her a little while ago and she’s understandably nervous. I think that’s the way we’re all feeling,” she said.

“Because the parameters of the appeal are so narrow, there’s so much exculpatory evidence that can’t be included in the appeal. I suppose we’re half expecting it not to be a good result – we just don’t know. But we’re also hopeful that the High Court judges will see there are issues.”

Mr Richter will be aided by Paul Smallwood on Friday, as part of team also comprising Malcolm McCusker QC and Thomas Percy QC.

If the case is accepted by the High Court, Neill-Fraser’s all-star legal team will argue for the court to set aside the Court of Criminal Appeal’s dismissal of her second appeal, which was handed down last November.

Sue Neill-Fraser. Picture: BRUCE MOUNSTER

They will ask for that appeal to instead be allowed, and for her murder conviction and sentence to quashed.

The bar for the High Court to hear cases is high – it must be convinced in a preliminary hearing there are “special reasons” for the appeal to be heard.

As the ultimate court of appeal, its decision is final and there are no further appeals once it has ruled on a matter, with the High Court’s decision binding on all other courts throughout Australia.

According to documents lodged in the High Court, Neill-Fraser’s team intends to argue the Supreme Court of Tasmania erred by holding that evidence about Meaghan Vass’ DNA, which was found on Neill-Fraser and Bob Chappell’s yacht, wasn’t fresh or compelling.

They also claim the court erred in finding there hadn’t been a “substantial miscarriage of justice”, saying there was “there was no rational basis to reject the conclusion that Meaghan Vass had been on the Four Winds at the relevant time”.

Ms Vass was a 15-year-old homeless girl at the time of Mr Chappell’s disappearance on Australia Day 2009.

Daryl Coates SC will represent the State of Tasmania. Picture: Sam Rosewarne

In an amended response by the State of Tasmania, Mr Coates – aided by barrister Jack Shapiro – have argued the application did not raise any questions of law or points of special importance.

“The prosecution case was overwhelming. It was a rich circumstantial case that involved many strands of evidence,” they said in their response.

Neill-Fraser will have served her 13-year non-parole period as of August 20.

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