Bowraville murders: Difference between revisions

On 8 April 1991, a 25-year-old local Bowraville labourer, 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 manHart was arrested and charged with the murder of Greenup. Facing a circumstantial case, he was [[acquittal|acquitted]] of Speedy-Duroux's murder by an [[Supreme Court 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 manHart 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 supposedalleged confessions made by him, but he was acquitted on 3 March 2006.<ref name="aus_story" /><ref name=Newcastle/>

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|access-date=13 May 2016}}</ref> In the same month, the suspectHart 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|access-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 suspectHart, and the NSW Attorney General applied to the Court of Criminal Appeal for a retrial.<ref>{{Cite web|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|website=ABC|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 manHart 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 |access-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 |work=ABC News |date=13 September 2018 |access-date=5 August 2019 |url=https://www.abc.net.au/news/2018-09-13/bowraville-murders-retrial-ruled-out-by-nsw-court/10240954 }}</ref>