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Bowraville murders: after the NSW inquiry, the elusive justice families seek is one step closer Bowraville murders: after the NSW inquiry, the elusive justice families seek is one step closer
(34 minutes later)
Over five months at the end of 1990 and early 1991, Colleen Walker-Craig, Evelyn Greenup and Clinton Speedy-Duroux were killed. Initial police investigations treated the children as runaways. The police suggested they had gone “walkabout”. By the time bodies were discovered, opportunities to gather evidence had been lost. Over five months at the end of 1990 and early 1991 Colleen Walker-Craig, Evelyn Greenup and Clinton Speedy-Duroux were killed. Initial investigations treated the children as runaways. The police suggested they had gone “walkabout”. By the time bodies were discovered, opportunities to gather evidence had been lost.
There had only been one suspect. He faced trial for Clinton’s murder in 1994 but prosecutors failed to secure a conviction.There had only been one suspect. He faced trial for Clinton’s murder in 1994 but prosecutors failed to secure a conviction.
The “Bowraville murders” case brought together an unlikely partnership: conservative Catholic MP David Clarke, from the Liberal party, and the Greens’ MLA David Shoebridge. The findings of the parliamentary inquiry into the murders, instigated by Shoebridge and chaired by Clarke, have reignited the hope that there may be some resolution of these decades-old matters.The “Bowraville murders” case brought together an unlikely partnership: conservative Catholic MP David Clarke, from the Liberal party, and the Greens’ MLA David Shoebridge. The findings of the parliamentary inquiry into the murders, instigated by Shoebridge and chaired by Clarke, have reignited the hope that there may be some resolution of these decades-old matters.
“[T]he families’ tenacity and determination to achieve justice for Colleen, Evelyn and Clinton has not wavered,” Clarke wrote in the inquiry’s report.“[T]he families’ tenacity and determination to achieve justice for Colleen, Evelyn and Clinton has not wavered,” Clarke wrote in the inquiry’s report.
“[T]he committee has formally acknowledged the pain and suffering experienced by the families of the three children ... which, in our view, has been significantly and unnecessarily contributed to by the failings identified in its report.”“[T]he committee has formally acknowledged the pain and suffering experienced by the families of the three children ... which, in our view, has been significantly and unnecessarily contributed to by the failings identified in its report.”
Why was the original murder investigation so flawed? In 1990 and 1991, the Royal Commission into Aboriginal Deaths in Custody was still finalising its report. It would identify the historic tensions between the police and Aboriginal communities as a continual source of conflict. Bowraville was a typical example of this.Why was the original murder investigation so flawed? In 1990 and 1991, the Royal Commission into Aboriginal Deaths in Custody was still finalising its report. It would identify the historic tensions between the police and Aboriginal communities as a continual source of conflict. Bowraville was a typical example of this.
There had been a mission established on the outskirts of the town but there was no manager appointed. The police regulated the lives of Aboriginal people in Bowraville. By the time Charles Perkins and his fellow students at Sydney University rode through the town as part of the 1965 Freedom Rides, there were still forms of segregation, including separate places for blacks to sit in the local cinema.There had been a mission established on the outskirts of the town but there was no manager appointed. The police regulated the lives of Aboriginal people in Bowraville. By the time Charles Perkins and his fellow students at Sydney University rode through the town as part of the 1965 Freedom Rides, there were still forms of segregation, including separate places for blacks to sit in the local cinema.
The initial ineptitude of the police and the difficult relationship they had with the Aboriginal community could have continued to stymie the families’ pursuit of justice. Thankfully, in 1997 a new taskforce was set up, headed by detective inspector Gary Jubelin.The initial ineptitude of the police and the difficult relationship they had with the Aboriginal community could have continued to stymie the families’ pursuit of justice. Thankfully, in 1997 a new taskforce was set up, headed by detective inspector Gary Jubelin.
Jubelin is the kind of honest and passionate character who plays with a straight bat. Even people who are inherently suspicious of the police find themselves admiring his determination and skill. He worked hard to build a relationship with the local Aboriginal community; witnesses who felt white police would not believe them because they were black felt able to tell Jubelin what they had seen and heard.Jubelin is the kind of honest and passionate character who plays with a straight bat. Even people who are inherently suspicious of the police find themselves admiring his determination and skill. He worked hard to build a relationship with the local Aboriginal community; witnesses who felt white police would not believe them because they were black felt able to tell Jubelin what they had seen and heard.
Consequently, when he re-investigated the murders, he uncovered new evidence that was placed before a coronial inquest in 2004. It was the first time that the evidence from all three cases was heard side by side. When the coincidences and similarities were seen, the case looked compelling. The coroner recommended that the cases be considered together.Consequently, when he re-investigated the murders, he uncovered new evidence that was placed before a coronial inquest in 2004. It was the first time that the evidence from all three cases was heard side by side. When the coincidences and similarities were seen, the case looked compelling. The coroner recommended that the cases be considered together.
However, the rule of double jeopardy meant that Clinton’s murder could not be retried. Charges were instead brought against the same suspect for the murder of Evelyn Greenup. In a further setback, the rules of evidence that existed in 2006 did not allow for the admission of evidence that would show a pattern of “coincidence” or “tendency”.However, the rule of double jeopardy meant that Clinton’s murder could not be retried. Charges were instead brought against the same suspect for the murder of Evelyn Greenup. In a further setback, the rules of evidence that existed in 2006 did not allow for the admission of evidence that would show a pattern of “coincidence” or “tendency”.
So the new evidence was not heard. Again, there was a failure to secure a conviction.So the new evidence was not heard. Again, there was a failure to secure a conviction.
This seemed like the end of the matter; double jeopardy meant that the acquitted could not be retried. The tenacity of the victims’ families proved otherwise. Led by Clinton’s sister in law, Leonie Duroux, the families campaigned to have the law of double jeopardy overturned.This seemed like the end of the matter; double jeopardy meant that the acquitted could not be retried. The tenacity of the victims’ families proved otherwise. Led by Clinton’s sister in law, Leonie Duroux, the families campaigned to have the law of double jeopardy overturned.
The NSW parliament amended the Crimes (Appeal and Review) Act 2001 and legislated that a person could be retried after acquittal if there is evidence that is “fresh and compelling”. The Bowraville murders were specifically cited as a reason for the controversial reform.The NSW parliament amended the Crimes (Appeal and Review) Act 2001 and legislated that a person could be retried after acquittal if there is evidence that is “fresh and compelling”. The Bowraville murders were specifically cited as a reason for the controversial reform.
In light of this clear intention from parliament, one would have expected that the cases would find their way back to court. The families were to be disappointed once again.In light of this clear intention from parliament, one would have expected that the cases would find their way back to court. The families were to be disappointed once again.
According to independent legal opinion and the the investigating officers, there was enough evidence to convict. But the cases became ensnared in legal semantics. The Department of Public Prosecutions was concerned that the new evidence, as presented by the taskforce, would be judged by the court to be either “compelling but not fresh” or “fresh but not compelling”.According to independent legal opinion and the the investigating officers, there was enough evidence to convict. But the cases became ensnared in legal semantics. The Department of Public Prosecutions was concerned that the new evidence, as presented by the taskforce, would be judged by the court to be either “compelling but not fresh” or “fresh but not compelling”.
Part of their argument was that, in order to be “fresh”, evidence could not have been “adduced” – tendered to the court. In the trial of Evelyn Greenup, there was an attempt to admit material relating to Clinton’s murder into evidence but the judge had not allowed it. Even so, the attempt to admit it meant that the evidence was no longer “fresh” under the legal definition.Part of their argument was that, in order to be “fresh”, evidence could not have been “adduced” – tendered to the court. In the trial of Evelyn Greenup, there was an attempt to admit material relating to Clinton’s murder into evidence but the judge had not allowed it. Even so, the attempt to admit it meant that the evidence was no longer “fresh” under the legal definition.
As a result, two successive NSW attorneys general, John Hatzistergos and Greg Smith, relying on advice from the DPP and AGD, refused to send the case to the court of criminal appeal.As a result, two successive NSW attorneys general, John Hatzistergos and Greg Smith, relying on advice from the DPP and AGD, refused to send the case to the court of criminal appeal.
So the families agitated for a parliamentary inquiry and its findings have given the case a boost. It vindicates the families in their long fight for justice for their children, acknowledging official failures and indifference.So the families agitated for a parliamentary inquiry and its findings have given the case a boost. It vindicates the families in their long fight for justice for their children, acknowledging official failures and indifference.
It also acknowledges the work of Jubelin’s taskforce. The inquiry recommended that his engagement with the Aboriginal community, his method of building trust with them, should be taught as part of police training as best practice. It recommended similar training around cultural sensitivity for legal professionals.It also acknowledges the work of Jubelin’s taskforce. The inquiry recommended that his engagement with the Aboriginal community, his method of building trust with them, should be taught as part of police training as best practice. It recommended similar training around cultural sensitivity for legal professionals.
It also recommended a legislative amendment to end the legal semantics. “Fresh” adduced evidence, for the purposes of retrying a case, should be disqualified only if it has been admitted into court previously. Clarke, in delivering the report, noted that this was one of the most important recommendations, intended to ensure that the cases could be heard – and heard together.It also recommended a legislative amendment to end the legal semantics. “Fresh” adduced evidence, for the purposes of retrying a case, should be disqualified only if it has been admitted into court previously. Clarke, in delivering the report, noted that this was one of the most important recommendations, intended to ensure that the cases could be heard – and heard together.
In evidence to the committee, Jubelin observed that if the murders committed by Ivan Milat had been tried separately, a conviction may not have been secured.In evidence to the committee, Jubelin observed that if the murders committed by Ivan Milat had been tried separately, a conviction may not have been secured.
For 23 years the families have remained steadfast about wanting to see the person who murdered their children behind bars. They suspected that if their children had been white the investigation would not have been plagued by issues that stopped it from being resolved. The parliament, by way of Clarke and Shoebridge’s inquiry affirmed that this was the case, while paving the way for the legal system to finally deliver the elusive justice the families have sought for so long.For 23 years the families have remained steadfast about wanting to see the person who murdered their children behind bars. They suspected that if their children had been white the investigation would not have been plagued by issues that stopped it from being resolved. The parliament, by way of Clarke and Shoebridge’s inquiry affirmed that this was the case, while paving the way for the legal system to finally deliver the elusive justice the families have sought for so long.
Larissa Behrendt is the writer and director of Innocence Betrayed, a film about the Bowraville murders.Larissa Behrendt is the writer and director of Innocence Betrayed, a film about the Bowraville murders.