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Bowraville murders: NSW police commissioner applies for retrial Bowraville murders: NSW police commissioner applies for retrial
(about 1 hour later)
A man acquitted of murdering two of three Aboriginal children who went missing 26 years ago could face court again, with the NSW police commissioner making an application for a retrial. The NSW police commissioner has applied for the retrial of a man acquitted of murdering two of three Aboriginal children who went missing 26 years ago.
The children – four-year-old Evelyn Greenup and 16-year-olds Colleen Walker and Clinton Speedy-Duroux – disappeared from Bowraville on the NSW mid-north coast within five months during 1990-1991. The children – four-year-old Evelyn Greenup and 16-year-olds Colleen Walker and Clinton Speedy-Duroux – disappeared from Bowraville on the NSW mid-north coast within five months during 1990 and 1991.
In separate trials local man Jay Hart was found not guilty of murdering Clinton and Evelyn, whose bodies were found in bushland on the outskirts of town, but the commissioner, Andrew Scipione, has sent a submission calling for Hart’s retrial to the attorney-general, a police spokeswoman confirmed on Tuesday. In separate trials local man Jay Hart was found not guilty of murdering Clinton and Evelyn, whose bodies were found in bushland on the outskirts of town, but the commissioner, Andrew Scipione, has sent a submission to attorney general Gabrielle Upton calling for Hart’s retrial, a police spokeswoman confirmed on Tuesday.
The application comes after a five-part podcast made by the Australian on the murders, which were described as Australia’s “least-known serial killings”. Colleen’s clothing was pulled from a nearby river but her body has never been found.
In the second episode, Gary Jubelin – the detective who has led the investigation since 1996 – said the family had been let down by the justice system and everything that surrounded it: police, the courts and the media. In an 18-volume brief of evidence, Scipione’s submission reportedly alleges Hart is linked to all three killings and details new evidence unearthed in a fresh investigation by detective chief inspector Gary Jubelin.
Related: Australia's Serial: Dan Box on the making of true crime podcast Bowraville
Under the double jeopardy law the court of criminal appeal may order an acquitted person be retried for a life sentence offence if there is fresh and compelling evidence.
Upton’s office confirmed it had received Scipione’s letter.
In 2014, after a 12-month investigation, a NSW parliamentary inquiry found flaws in the way police investigated the crimes.At the time, Jubelin, who has worked on the case since 1996, said families had been let down by the justice system.
He told the inquiry race had affected how the murders were investigated, saying there were overwhelming links between the murders and that they must be heard in a single trial.
Upton, who has previously said any application would be independently reviewed, has the power to refer the matter to the court of criminal appeal.
Media coverage of the case, including a five-part podcast made by the Australian, which described the deaths as Australia’s “least-known serial killings”, has brought it back to public attention.
On the podcast Jubelin said the family had been let down by the justice system and everything that surrounded it: police, the courts and the media.
“One thing I found unique about this investigation, and I have been doing homicide for a long time and I get the sense of things that attract the public’s attention, is here we have three kids murdered living in the same street and I am absolutely gobsmacked by the amount of people that have never heard of it,” Jubelin said.“One thing I found unique about this investigation, and I have been doing homicide for a long time and I get the sense of things that attract the public’s attention, is here we have three kids murdered living in the same street and I am absolutely gobsmacked by the amount of people that have never heard of it,” Jubelin said.