Bowraville murders: Difference between revisions

[[File:Bowraville.jpg|300px|thumb|Bowraville, New South Wales]]

The '''Bowraville murders''' is the name given to three deaths that occurred over five months from September 1990 to February 1991 in [[Bowraville, New South Wales]], [[Australia]]. All three victims were [[Australian Aborigines|Aboriginal]], and all three victims disappeared after parties in theBowraville's Aboriginal community in Bowraville, in an area known as The Mission.<ref name="aus_story">[http://www.abc.net.au/austory/content/2006/s1733527.htm Australian Story – Truth be Told – Transcript] {{Webarchive|url=https://web.archive.org/web/20160701073359/http://www.abc.net.au/austory/content/2006/s1733527.htm |date=1 July 2016 }}, 2006-09-04, abc.net.au</ref><ref name="lone_cop">[http://www.smh.com.au/articles/2004/02/07/1075854109819.html?from=storyrhs Lone cop to tell inquest name of killer suspect], By Alex Mitchell, 2004-02-08, The Sun-Herald</ref><ref>{{Cite web |url=http://www.abc.net.au/cgi-bin/common/printfriendly.pl?https%3A%2F%2Ffly.jiuhuashan.beauty%3A443%2Fhttp%2Fwww.abc.net.au%2Frn%2Ftalks%2Fbbing%2Fstories%2Fs10587.htm |title=ABC Radio National – Background Briefing: 20 July 1997 – The Ghosts Of Bowraville |website=[[Australian Broadcasting Corporation]] |access-date=13 June 2019 |archive-url=https://web.archive.org/web/20170101001011/http://www.abc.net.au/cgi-bin/common/printfriendly.pl?https%3A%2F%2Ffly.jiuhuashan.beauty%3A443%2Fhttp%2Fwww.abc.net.au%2Frn%2Ftalks%2Fbbing%2Fstories%2Fs10587.htm |archive-date=1 January 2017 |url-status=dead }}</ref> A local labourer, who was regarded by police as the [[prime suspect]], was charged with two of the murders but was [[acquittal|acquitted]] following trials in 1994 and 2006.<ref name=":1">{{Cite web|url=https://podcasts.apple.com/au/podcast/bowraville/id1114426136|title=Bowraville on Apple Podcasts|website=Apple Podcasts|language=en-au|access-date=2020-03-17}}</ref><ref>{{Cite web|url=https://www.news.com.au/national/nsw-act/jay-thomas-hart-new-name-new-town-but-still-living-under-a-shadow/news-story/17cfe631245e9d15f04c60ea05d4dcbd|title=Still living under a shadow|date=2013-03-07|website=NewsComAu|language=en|access-date=2020-03-17}}</ref> On 13 September 2018, the [[New South Wales Court of Criminal Appeal]] decided that the man could not be retried for the murders. On 22 March 2019, the [[High Court of Australia]] refused an application by the [[Attorney General of New South Wales]] to bring an appeal against that decision.

The first victim, 16-year-old Colleen Walker, lived inof [[Sawtell, New South Wales|Sawtell]], and[[New South Wales]], was in Bowravillethe inrural timber town of [[Bowraville, New South Wales|Bowraville]]' [[Mid North Coast]] region visiting relatives.<ref>{{cite news|url=https://www.news.com.au/national/nsw-act/courts-law/no-retrial-for-the-man-acquitted-over-bowraville-child-murders/news-story/6f7d6c9645fab3bbd7524de07dff548a|title=No retrial for the man acquitted over Bowraville child murders|first=Megan|last=Palin|publisher=News Pty Ltd|date=13 September 2018}}</ref> She was last seen alive at a party in the Aboriginal community of The Mission, on 13 September 1990. She was seen, walking away from a groupparty ofin peoplethe atAboriginal thecommunity partyof andThe theMission. The following day, herWalker's family reported to the police that she was [[missing person|missing]]. Despite the family believing something terrible had happened, the missing person's report was not taken seriously by local police; no search parties were formed and no formal police action was taken.<ref name="aus_story" /> Walker's body has not been found, although articles of her clothing were later found weighed down by rocks in the [[Nambucca River]].<ref name="Newcastle">{{cite news|url=https://www.theheraldnewcastleherald.com.au/story/5645017/no-retrial-over-bowraville-murders-timeline-of-events/|title=No retrial over Bowraville murders: court|publisher=Newcastle Herald|first=Margaret|last=Scheikowski|date=13 September 2018}}</ref>

On 4 October 1990, Walker's cousin, four-year-old Evelyn Greenup, disappeared after a party at her grandmother's house. She was last seen by her mother as she was put to bed sometime during the night., The next morning shebut was gone fromby hernext bedmorning.<ref name="Newcastle" /> HerGreenup's grandmother later recalled hearing her cry out in the night but did not think much of it at the time.{{fact|date=September 2018}} On 27 April 1991, Greenup's skeletal remains were found in [[bushland]] near Congarinni Road.<ref name="Newcastle" /> An [[autopsy]] could not conclusively determine the cause of death, but noted that a skull injury was "consistent with a forceful penetration by a sharp instrument".<ref>[http://www.smh.com.au/news/national/accused-spoke-of-killing-girl-court-told/2006/02/06/1139074171433.html Accused spoke of killing girl, court told], By Natasha Wallace, 2006-02-07, The Sydney Morning Herald.</ref>

On 31 January 1991, 16-year-old Clinton Speedy-Duroux went missing after a party at The Mission. He was last known to have stayed with his girlfriend in a yellow Viscount caravan used by the suspect on the morning of 1 February.<ref name=":1" /> On 18 February, hisSpeedy-Duroux's remains were discovered in bushland near Congarinni Road about seven kilometres outside Bowraville.<ref name="Newcastle" /> A pillowcase from the caravan was located underneath his clothing.<ref name=":1" />

The killings took place in the rural timber town of [[Bowraville, New South Wales|Bowraville]]. Several similarities between the disappearances that led police to believe that they were committed by the same killer:{{fact|date=September 2018}}

On 8 April 1991, a 25-year-old local Bowraville labourer, Thomas Jay Hart, was arrested for the murder of Speedy-Duroux.<ref>{{Cite web|url=https://www.abc.net.au/news/2016-05-19/jay-hart-key-suspect-in-bowraville-murders-case-open-to-retrial/7430150|title=Prime suspect in Bowraville murders open to retrial|last=Metherell|first=Lexi|date=2016-05-19|website=ABC News|language=en-AU|access-date=2020-03-17}}</ref> He was well known in the Aboriginal community in Bowraville and often attended the parties at The Mission. On 16 October 1991, while out on [[bail]] awaiting trial, the man was arrested and charged with the murder of Greenup. Facing a circumstantial case, he was [[acquittal|acquitted]] of Speedy-Duroux's murder by aan [[Supreme courtCourt of New South Wales|NSW Supreme Court]] jury on 18 February 1994, the third anniversary of the discovery of Speedy-Duroux's body. After the acquittal, prosecutors did not proceed with the trial against him for the murder of Greenup.<ref name="lone_cop" /><ref name=Newcastle/>

In 1997, the [[New South Wales Police]] Commissioner [[Peter Ryan (police commissioner)|Peter Ryan]] set up Task Force Ancud to continue the investigation into the unsolved murders. On 9 February 2004, the NSW Coroner [[John Abernethy (judge)|John Abernethy]] reopened the inquests into Greenup's death and the suspected death of Walker. On 10 September 2004, he recommended the man be charged afresh with Greenup's murder. As a result, he was charged again, this time for the murder of Greenup.<ref name=":1" /> The trial was conducted in February 2006. The [[prosecution]] produced two supposed confessions made by him, but he was acquitted on 3 March 2006.<ref name="aus_story" /><ref name=Newcastle/>

The murders, and the fact that no one has been convicted of the crimes, is a source of pain and bitterness in the Aboriginal community in Bowraville.<ref name="lone_cop"/> After the acquittal in 2006, the NSW Police Minister raised the reward to $250,000 for information leading to the conviction of the persons responsible for the murders.<ref>[http://www.police.nsw.gov.au/can_you_help_us/rewards/rewards_-_1990-1999/20070205_reward_to_solve_three_bowraville_murders Reward of $250,000 to solve deaths of Evelyn Greenup, Clinton Speedy-Duroux and Colleen Walker] {{Webarchive|url=https://web.archive.org/web/20081212140730/http://www.police.nsw.gov.au/can_you_help_us/rewards/rewards_-_1990-1999/20070205_reward_to_solve_three_bowraville_murders |date=12 December 2008 }}, 2007-02-05, NSW Police Force</ref> The previous reward was $100,000, and it was only for information related to the disappearance of Walker. In 2006, changes were made to [[double jeopardy]] legislation in NSW opening the way for retrial of any person acquitted of a life-sentence offence if "fresh and compelling evidence" was uncovered.<ref>[https://www.parliament.nsw.gov.au/prod/parlment/hansart.nsf/V3Key/LA20060927005?open&refNavID=HA8_1 Crimes (Appeal and Review) Amendment (Double Jeopardy) Bill Crimes (Appeal and Review) Amendment (DNA Review Panel) Bill] {{webarchive |url=https://web.archive.org/web/20141030040816/https://www.parliament.nsw.gov.au/prod/parlment/hansart.nsf/V3Key/LA20060927005?open&refNavID=HA8_1 |date=30 October 2014 }}, 2006-09-27, PARLIAMENT OF NEW SOUTH WALES</ref> In October 2011, Walker's family found bones in bushland near [[Macksville, New South Wales]], but forensic testing indicated that they were animal remains.<ref>{{cite news |title=Tests begin on bushland bones |url=https://www.abc.net.au/news/2011-10-24/tests-begin-on-bushland-bones/3597512 |publisherwork=ABC News |date=24 October 2011 |accessdateaccess-date=8 May 2020}}</ref><ref>{{cite news |title=Mum not giving up on finding daughter's remains |url=https://www.abc.net.au/news/2011-10-28/mum-not-giving-up-on-finding-daughters-remains/3605974 |publisherwork=ABC News |date=28 October 2011 |accessdateaccess-date=8 May 2020}}</ref>

In 2016, the detective inspector leading the investigation made a submission to the NSW Attorney General calling for a [[retrial ]] based on new evidence.<ref>{{cite news|title=Bowraville murders:New evidence to be used in application to retry suspect|url=http://www.abc.net.au/news/2016-05-13/bowraville-murders-police-say-they-have-new-evidence/7411122|work=[[ABC News (Australia)|ABC News]]|location=Australia|date=13 May 2016|accessdateaccess-date=13 May 2016}}</ref> In the same month, the suspect said that he was not necessarily opposed to a retrial.<ref>{{cite news|title=Bowraville murders: Prime suspect open to retrial 'to clear name'|url=https://www.abc.net.au/news/2016-05-19/jay-hart-key-suspect-in-bowraville-murders-case-open-to-retrial/7430150|work=[[ABC News (Australia)|ABC News]]|location=Australia|date=19 May 2016|accessdateaccess-date=22 March 2019}}</ref> In May there was a protest march by the families of the victims and their supporters calling for legislative change to the [[Parliament of New South Wales|NSW Parliament]] building.<ref>{{Cite web|url=http://www.theguardian.com/australia-news/2016/may/05/bowraville-murders-victims-families-refuse-to-give-up-fight-for-justice|title=Bowraville murders: victims' families refuse to give up fight for justice|date=2016-05-05|website=the Guardian|language=en|access-date=2020-03-19}}</ref><ref name=":2">{{Cite news|last=Wahlquist|first=Calla|url=https://www.theguardian.com/media/2016/may/23/australias-serial-dan-box-on-the-making-of-true-podcast-bowraville|title=Australia's Serial: Dan Box on the making of true crime podcast Bowraville|date=2016-05-23|work=The Guardian|access-date=2020-03-19|language=en-GB|issn=0261-3077}}</ref>

On 9 February 2017, police laid a murder charge against the suspect, and the NSW Attorney General applied to the NSW Court of Criminal Appeal for a retrial.<ref>{{Cite webnews|url=http://www.abc.net.au/news/2017-02-09/bowraville-murders-man-charged-over-deaths-of-aborigial-children/8254188|title=Bowraville murders: Man charged for second time over deaths of Aboriginal children 9 February 2017|websitenewspaper=ABC News|date=9 February 2017|access-date=9 February 2017}}</ref> The Attorney General's application was heard by the Court of Criminal Appeal beginning on 29 November 2017. The Attorney General needed to identify "fresh and compelling" evidence in order to have the man's acquittals quashed and to obtain an order for a retrial. On 13 September 2018, the court dismissed the application, concluding that none of the evidence was "fresh and compelling" and that he therefore could not be retried for the murders. The court concluded that most of the evidence relied upon was not "fresh", because it was available to be tendered or brought forward prior to the earlier trial of the man for the murder of Greenup.<ref>{{cite web |title=Attorney General for New South Wales v XX - NSW Caselaw |url=https://www.caselaw.nsw.gov.au/decision/5b971f9be4b06629b6c61ca1 |website=www.caselaw.nsw.gov.au |accessdateaccess-date=13 September 2018}}</ref><ref>{{cite news |title=Bowraville murders: Landmark retrial ruled out in NSW Court of Criminal Appeal |last1=Stuart |first1=Riley |last2=Ford |first2=Mazoe |publisherwork=ABC News |date=13 September 2018 |accessdateaccess-date=5 August 2019 |url=https://www.abc.net.au/news/2018-09-13/bowraville-murders-retrial-ruled-out-by-nsw-court/10240954 }}</ref>

On 22 March 2019, the [[High Court of Australia]] refused an application by the Attorney General for [[High Court of Australia#Appellate jurisdiction|special leave to appeal]] against the decision of the Court of Criminal Appeal, concluding that there was no reason to doubt the correctness of that decision.<ref>{{cite web |title=Bowraville murder case set back as NSW Government loses bid to have man face trial|url=https://www.abc.net.au/news/2019-03-22/bowraville-murders-case-suffers-high-court-setback/10928478 |work=[[ABC News (Australia)|ABC News]]|location=Australia|date=22 March 2019|accessdateaccess-date=22 March 2019}}</ref> The campaign for a retrial continues.<ref>{{Cite web|url=https://www.sbs.com.au/news/we-want-answers-protesters-demand-justice-for-bowraville-murders|title='We want answers': Protesters demand justice for Bowraville murders|website=SBS News|language=en|access-date=2019-10-01}}</ref><ref>{{Cite web|url=https://honisoit.com/2019/09/families-of-bowraville-murder-victims-demand-justice-now/|title=Families of Bowraville murder victims demand justice now|date=2019-09-29|website=Honi Soit|language=en-US|access-date=2019-10-01}}</ref>

In 2013, the families of the victims worked with Eualeyai/Kamillaroi filmmaker [[Larissa Behrendt]] on ''Innocence Betrayed'', a documentary film detailing the experience of the Aboriginal families and communities pursuing justice.<ref>{{Citation|last=Behrendt|first=Larissa|title=Innocence Betrayed|url=https://www.imdb.com/title/tt3522762/|type=Documentary|others=Larissa Behrendt|publisher=Lavarch Productions|access-date=2020-12-22}}</ref> The film was shortlisted for both a ''Walkley Award'' and an ''Australian Human Rights Award'' in 2014 and won a ''UTS Human Right Award''.

Dan Box, a crime reporter with ''[[The Australian]]'', hosted a 5-part [[List of Australian crime podcasts|Australian crime podcast]] that detailed the murders, released in May 2016, called ''Bowraville''.<ref name=":1" /><ref name=":2" /><ref name=":0">{{Cite web|url=https://www.theaustralian.com.au/news/bowraville/news-story/8da9f0d2921de861c40a8e6bfe824ff0|title=Bowraville|last=|first=|date=16 May 2018|website=www.theaustralian.com.au|url-status=live|archive-url=https://web.archive.org/web/20200707221337/https://www.theaustralian.com.au/news/bowraville/news-story/8da9f0d2921de861c40a8e6bfe824ff0 |archive-date=7 July 2020 |access-date=2020-03-09}}</ref> Box also released a book of the same name in July 2019.<ref>{{Cite web|url=https://www.penguin.com.au/books/bowraville-9780143784395|title=Bowraville by Dan Box|website=www.penguin.com.au|language=en|access-date=2020-03-17}}</ref>

[[Category:1990 crimesmurders in Australia]]

[[Category:1990sFormerly murdersmissing in Australiapeople]]

[[Category:Unidentified Australian serial killers]]