Sue Neill-Fraser supporters hopeful COVID-19 won’t dash chances to fight for freedom

Sue Neill-Fraser’s chances of walking out of prison a free woman this year may soon be obliterated with her murder appeal potentially delayed again. LATEST >>

• Sue Neill-Fraser’s supporters hold vigil after 11 years in prison
• Sue Neill-Fraser’s August appeal hearing won’t happen after all

SUE Neill-Fraser’s chances of walking out of prison a free woman this year may soon be obliterated, with her murder appeal hearing now potentially delayed until 2021.

The 66-year-old grandmother, who has now spent 11 years in jail for murdering her partner Bob Chappell, was hoping to fight for her freedom at a two-week appeal hearing set down for November 2.

The Court of Criminal Appeal has already been forced to reschedule the hearing several times, with COVID-19 restrictions hindering Neill-Fraser’s high-profile Melbourne and Perth-based lawyers – who are acting pro bono – from entering Tasmania.

On Tuesday, Justice Helen Wood brought forward an administrative hearing ahead of the November appeal given the ongoing COVID-19 situation in Victoria.

Neill-Fraser’s lawyer Paul Smallwood, appearing via video link, asked for an early 2021 hearing date instead.

Sue Neill-Fraser’s former lawyer Barbara Etter and supporter Rosie Crumpton-Cook outside the Supreme Court of Tasmania on Tuesday. Picture: Zak Simmonds

“It’s the appellant’s position that it would be difficult, if not impossible, for the appeal to be conducted remotely,” he said.

But Justice Wood was reluctant to vacate the November dates, which she said would be a “last resort”.

She said the court was anxious that every avenue was explored – such as audiovisual appearances by some lawyers or witnesses or the possibility of travel restrictions being eased before November.

Director of Public Prosecutions Daryl Coates said he believed there would be little chance the Victorian counsel – Mr Smallwood along with Chris Carr and instructing solicitor Paul Galbally – would be able to attend in November.

He also said he believed there would be transit difficulties for Perth-based Tom Percy QC.

The judge adjourned the directions hearing until October 7, noting “the matter should proceed if possible”.

“If the matter does not proceed in November, there are no prospects of the matter proceeding this year,” she said.

Sue Neill-Fraser supporter Jennie Herrera outside the Supreme Court of Tasmania. Picture: Zak Simmonds

“This is the third set of hearing dates.”

Outside court, supporter Jennie Herrera said she was pleased Justice Wood was pushing for the hearing to proceed this year.

“Things can happen and then can change quite quickly, so I’m always optimistic as we all hope the best for Sue’s sake.”

Lawyers initially hoped the appeal could be heard in March this year, but settled on a date in May due to counsel availability.

But that hearing – and a date subsequently set down for August 17 – were both vacated among coronavirus restrictions.

Follow @ambervwilson