DAY 2: Bombshell boat evidence recanted as witness crumbles
Sue Neill-Fraser’s fight to clear her name of murder has been dealt a devastating blow, with her key witness recanting evidence she hoped would exonerate her. READ OUR RE-CAP OF DAY 2 >>
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SUE Neill-Fraser’s fight to clear her name of murder has been dealt a devastating blow, with her key witness recanting evidence she hoped would exonerate her.
In the Tasmanian Court of Criminal Appeal on Tuesday, Meaghan Vass crumbled beneath the pressure of cross-examination by Director of Public Prosecutions, Daryl Coates SC.
Her teary testimony turned to acute distress as she begged for the ordeal to finish, agreeing she’d been “hounded” into giving evidence in favour of Neill-Fraser.
Ms Vass agreed that one of the people who’d pressured her had threatened to put her “in the boot” if she failed to give evidence exonerating Neill-Fraser, and that some of those who’d harassed her were being paid to do so.
Ultimately, Neill-Fraser’s pro-bono barrister Robert Richter QC intervened, asking the bench to excuse Ms Vass from giving further evidence.
“We are in a situation in which we concede that the evidence of Vass cannot support the notion of fresh and compelling evidence leading to a miscarriage of justice,” he said.
“There is not much point in any of it and we don’t want to waste the court’s time.”
The day prior, Ms Vass told the court she had been present on the night of Mr Chappell’s disappearance from his yacht, the Four Winds, nominating her then-boyfriend Samuel Devine as having carried out a bloody attack.
But she’s now recanted those claims.
Ms Vass has also recanted claims that two other male associates – Stephen Gleeson and Paul Wroe – were also present during the Australia Day 2009 episode, which she said played out when the foursome boarded the Four Winds with plans to rob it.
The hearing opened on Tuesday with Ms Vass claiming she’d made a mistake, that Mr Wroe wasn’t present on the yacht.
“I made a mistake. I’m very shook up. I suffer from anxiety severely and I made a mistake, that’s all I can say,” she told Justices Helen Wood, Robert Pearce and Stephen Estcourt.
“I made a mistake yesterday because I was shaken up as all hell.”
But under further cross-examination, Ms Vass agreed with Mr Coates’ suggestions that none of the four had been present when Mr Chappell met his end; in fact she’d never been on-board the yacht at all.
Mr Richter said the appeal team still planned to argue that DNA evidence provided to the 2010 jury was misleading.
The team will also argue about the findings of luminol testing from aboard the yacht.
Mr Richter also said they needed time to consider the evidence of a yet-to-be identified potential witness.
Speaking outside court, Neill-Fraser’s daughter Sarah Bowles maintained her mother’s innocence.
“We’re going to do absolutely everything we can to follow this miscarriage of justice through,” she said.
“It’s obviously been an extremely tough couple of days for us, but regardless of how things play out in this forum, we’re going to continue to fight until an innocent woman is released from prison. She does not deserve to be there and enough time has gone by.”
Rosie Crumpton-Crook – the leader of Neill-Fraser’s support group – appeared crestfallen.
“It’s a sad day. I think watching Meaghan Vass was emotionally draining. I think they were quite right to stop that. I think her level of distress was so great that there’s no way that she could continue,” she said.
“I think she was answering the questions in a sort of disassociated way. I felt she wasn’t listening to the questions and she was saying yes, yes, yes, yes, yes.”
But despite the setback, Ms Crumpton-Crook was confident in Neill-Fraser’s case and disagreed the 66-year-old grandmother had a “slim chance” of walking free from jail after the appeal.
The hearing, which is expected to run for five days, will continue on Wednesday.
READ THE RE-CAP AS IT HAPPENED IN COURT:
The hearing has been adjourned as of 12 noon. It is expected to resume at 10am, Wednesday, March 3.
UPDATE 12 noon: LAWYERS acting on behalf of convicted murderer Sue Neill-Fraser say they will not rely on the evidence of key witness Meaghan Vass.
Barrister Robert Richter, QC, told the court it was clear her evidence could not support Neill-Fraser’s case.
Ms Vass recanted large parts of the evidence she gave on Monday when she returned to the witness box today.
“We are in a situation in which we agree that the evidence of Vass cannot support the motion of fresh and compelling evidence leading to a miscarriage of justice,” he said.
“We do not abandon the notion of the DNA evidence of being capable of providing the evidence for this court to say there has been a miscarriage of justice.
“That leaves us in the situation where Ms Vass can be excused from giving further evidence.
“There doesn’t seem to be much point to it.”
The decision removes one of the major planks of the appeal, which is continuing before three justices of the Court of Criminal Appeal.
UPDATE 11.35am: UNDER continued questioning from Director of Public Prosecutions Daryl Coates, SC, Ms Vass told the court that she had been subject to threats.
“Isn’t it the case between about 2016 and now you have been harassed by people … to give evidence, that is the case isn’t it?” Mr Coates asked.
“Yes,” the witness replied.
“They have continually said to you, have they not, that Ms Sue Neill-Fraser is in prison and she needs to go home so she can die with her family? That’s what they have said to you is it not?”
“Yes.”
Witness excused after recanting key evidence on second day of Sue Neill-Fraser appeal. #tascrimehttps://t.co/3mi1f5IWjR
— David Killick (@DavidJKillick) March 2, 2021
“They have said to you repeatedly that because of the DNA, you were on the boat, you were there. That’s what they’ve said to you isn’t it?”
“Yes.”
“They’ve said all you have to say is you were on the boat … and you had a blackout … and ask for an indemnity.”
“Yes.”
Ms Vass agreed she had been told by one person that she would be “put in a boot” if she didn’t give evidence in Neill-Fraser’s favour.
She said she believed that some of the people who had put her under pressure were being paid to do so.
UPDATE 11.20am: MS VASS returned to the witness box and was shown a statutory declaration she made to police in March 2012.
She agreed she had told police at that time she had never met Bob Chappell or Sue Neill-Fraser and had never been to the Sandy Bay Yacht Club or marina or even on a yacht.
She said that information was true then and now.
And she agreed that she had told police she had no idea how her DNA ended up on The Four Winds.
Spectators and supporters lining to outside the Supreme Court of Tasmania for day two of Sue Neill-Fraser's highly-anticipated murder appeal. pic.twitter.com/S0yapLcMnG
— Amber Wilson (@ambervwilson) March 1, 2021
She told the court the statutory declaration was true and she had never been on a yacht.
Ms Vass appeared to be in physical discomfort and wiped her eyes while giving evidence.
“I’m just not feeling the greatest,” she said.
“I am trying to breathe through it.”
Justice Helen Wood offered the witness breaks, which she declined, saying she wanted to complete her evidence today.
UPDATE 11am: SUE NEILL-Fraser’s key witness has recanted her evidence that her teenage boyfriend attacked Bob Chappell aboard his yacht on the night of his disappearance.
On Tuesday morning, under cross-examination by Director of Public Prosecutions Daryl Coates SC, Ms Vass told the Court of Criminal Appeal that she had never even been on the boat at all.
On Australia Day 2009, the presumed night of Mr Chappell’s death, Ms Vass was a homeless 15-year-old girl.
She previously gave evidence on Monday before the court that she had been on-board the yacht when her boyfriend attacked Mr Chappell, and that she’d been in the presence of three other male associates at the time.
But on Tuesday, a visibly distressed Ms Vass crumbled under the weight of cross-examination by Mr Coates.
“You can’t remember being on that boat, can you?” Mr Coates asked.
“No,” she replied.
She agreed to Mr Coates’s suggestion that over the years, she’d been “hounded” by a number of people to nominate her male associates as having attacked Mr Chappell.
The court has adjourned briefly so Ms Vass can have a break.
UPDATE 9.20am: THE second day of Sue Neill-Fraser’s appeal hearing will get underway at 9.30am in the Supreme Court in Hobart.
Witness Meaghan Vass is expected to return to the witness box to continue her evidence.
Yesterday, Ms Vass gave sworn testimony for the first time that she was present on the yacht The Four Winds off Sandy Bay on Australia Day 2009.
She said she went to the yacht with her then boyfriend Sam Devine and two other men, thinking it was unoccupied, with the intent of robbing it.
But she said Mr Chappell confronted the group and Mr Devine attacked him.
The yacht was found partially submerged the next morning. Mr Chappell’s body has never been found.
Neill-Fraser is serving a 23-year sentence for Mr Chappell’s murder after being convicted by a Supreme Court jury in 2010.
She has protested her innocence from the outset and has been supported by a well-organised campaign.
Under new legislation passed by the Tasmanian Parliament, Neill-Fraser is attempting to demonstrate that she has fresh and compelling evidence that a miscarriage of justice has occurred.
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