The New South Wales government is heading to the High Court as it fights to have a man face a single trial over the alleged murders of three Aboriginal children in Bowraville almost 30 years ago.
But any fresh trial could be years away, amid the groundbreaking bid to test the state’s double jeopardy laws.
Attorney-General Mark Speakman said the state would apply to the High Court for special leave to appeal over his unsuccessful case in the NSW Court of Criminal Appeal.
The 52-year-old, who can’t be named for legal reasons, was previously acquitted at separate trials of murdering two of the children – Evelyn Greenup (left), 4, and Clinton Speedy-Duroux (right), 16
The NSW government is heading to the High Court as it fights to have a man face a single trial over the alleged murders of three Aboriginal children in Bowraville almost 30 years ago
But any fresh trial could be years away, amid the groundbreaking bid to test the state’s double jeopardy laws
Protesters rallied through Sydney on Sydney. One woman’s shirt read: ‘You are walking on stolen land’
The state’s highest court last week rejected his bid after deciding fresh and compelling evidence hadn’t been produced to warrant forcing a 52-year-old man to face a new trial over the three murders.
Evelyn Greenup, four years old, Clinton Speedy-Duroux, 16, and Colleen Walker, 16, disappeared from the northern NSW town over a five-month period from September 1990.
The man, who can’t be named for legal reasons, was acquitted of Clinton’s murder in 1994 and of Evelyn’s murder in 2006.
Colleen Walker (pictured), 16, disappeared about the same time as Evelyn Greenup and Clinton Speedy-Duroux
He was also a suspect in the disappearance of Colleen whose body has never been found, but no charges have ever been laid.
If special leave is granted early in 2019, the attorney-general expects the High Court appeal itself to be heard in mid-2019.
Should that be approved, the High Court will most likely send the case back to NSW’s highest court to consider whether the evidence presented during a hearing last year is compelling and whether a joint retrial is in the interests of justice.
Mr Speakman said he had consulted the cabinet, the state’s crown advocate, the government’s barrister in the case and the most immediate past president of the NSW Bar Association.
Evelyn Greenup, four years old, Clinton Speedy-Duroux, 16, and Colleen Walker, 16, disappeared from the northern NSW town over a five-month period from September 1990
The man, who can’t be named for legal reasons, was acquitted of Clinton’s murder in 1994 and of Evelyn’s murder in 2006
A young boy latches onto an Aboriginal flag while he marches through the Sydney CBD
‘I wouldn’t be making this application unless I believed there were prospects for success,’ Mr Speakman told reporters on Thursday.
The government believes evidence related to the disappearance of Colleen points to similarities in the three cases and links them to each other and to one killer.
But the Court of Criminal Appeal ruled all of the evidence related to Colleen was available to be tendered at the 2006 trial related to Evelyn.
Young children attended the protest wearing t-shirts with the Aboriginal flag
Official posters for the protest label the location as Parliament of New South Wales
Another possible path to a retrial is for the parliament to pass new laws.
Greens MP David Shoebridge has proposed allowing an acquitted person to be retried in ‘exceptional circumstances’.
Mr Speakman said the government wanted to exhaust all current legal avenues before considering legislative changes to double jeopardy laws.
Relatives of the victims said they were pleased to have another option for justice.
Speakers stood infront of a sign that reads ‘justice’ with red and yellow writing
People held the Aboriginal flag at the process as a sign of solidarity
Melinda Walker, a first cousin of Colleen and aunty to Evelyn, said relatives had been traumatised at ‘every single knockback’ including last week’s appeal rejection.
‘It’s just great to be finally heard,’ she told reporters on Thursday.
The relatives and Bowraville residents earlier rallied outside parliament demanding justice and chanting ‘black lives matter’.
A protester performs a smoking ceremony at the Thursday protest
Large amounts of people rallied together for the Thursday protest through Sydney CBD
One Bowraville local, Rowena Chapman, was carrying her two-year-old girl Djanaambi on her hip as she said she couldn’t imagine how the victims’ families had survived since the disappearances.
‘It would just be heartbreaking, devastating, not knowing, not getting justice and letting someone get away with murder,’ she told AAP.
‘I wouldn’t know what to do if it happened to my kids.’
A protest poster is stuck on the glass walls of the Law Courts
Protesters stand in front of Parliament of New South Wales during on Thursday
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