Bowraville murders: Difference between revisions

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[[File:Bowraville.jpg|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 disappeared after parties in Bowraville's Aboriginal community, 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.
 
==Victims==
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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 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|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 suspect, and the NSW Attorney General applied to the 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 |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>
 
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|access-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>