Bowraville Murders: Acquitted Murder Suspect Should Not Be Retried, Court Rules
The NSW Court of Criminal Appeals did not accept there was "fresh and compelling evidence".
A man acquitted of murdering two children in the small New South Wales town of Bowraville should not be retried nor face trial for the murder of a third, a court has heard.
The 52-year-old, who can't be named due to legal reasons, has long been seen by police as the prime suspect over the deaths of Evelyn Greenup, 4, Clinton Speedy-Duroux, 16, and Colleen Walker, 16, over a five-month period in late 1990 and early 1991.
He was previously acquitted of Clinton's murder at a trial in 1994 and of Evelyn's murder in 2006. No one has been charged over the death of Colleen, who has not been seen since 1990 and was later ruled dead by a coroner.
But the families of all three children have consistently maintained the deaths are linked.
The New South Wales government argued there was fresh and compelling evidence relating to the disappearance of Colleen to justify overturning the acquittals and ordering a retrial.
But this was not accepted by the New South Wales Court of Criminal Appeals which on Thursday found the evidence was available at one of the trials. It ruled the man could not be retried in the other case as it was not open to the government to change its original application.
More to come.