Neill-Fraser case in limbo

THE next move in the Supreme Court saga of convicted murderer Susan Neill-Fraser remains uncertain with no court date set for her final appeal case.

Four weeks from July 25 onwards had been set aside for the case to begin and be heard.

Neill-Fraser is serving 23 years in prison for the murder of her partner Bob Chappell, who disappeared from the couple’s yacht moored near Sandy Bay on Australia Day, 2009. His body was never found.

After appeals to the Court of Appeal and the High Court failed — and a coronial inquest also confirmed her guilt — Neill-Fraser launched a final bid for freedom made possible by new legislation which allows for a second appeal if “fresh and compelling evidence” can be presented.

The Mercury revealed last month that Neill-Fraser’s instructing solicitor Barbara Etter had stepped aside from the case.

Appearing via video link on behalf of Neill-Fraser in a directions hearing in Hobart yesterday, Perth barrister Belinda Lonsdale said an arrangement was expected to be entered into soon with new solicitors for Neill-Fraser — Melbournebased firm Galbally and O’Bryan, headed up by partner Paul Galbally.

Ms Lonsdale said time would be needed to prepare the new solicitors and this would not be possible before the July 25 date.

“It’s a regrettable situation,” she said.

“The court has put so much time aside for us [and] to tell you we can’t appear.”

During a directions hearing last month, Perth barrister Tom Percy QC said finding a new firm of solicitors to work on the case pro bono would take time, which made an expected July 25 hearing ambitious.

Director of Public Prosecutions Daryl Coates SC said he did not dispute an adjournment, but spoke of the efforts already made up to this point.

“Enormous crown resources have gone into this and we’ve had an enormous number of directions hearings,” he said.

Justice Michael Brett said he could not “make any guarantees the court can come back to the matter.”

“This isn’t the only case this court has to deal with,” he said.

Justice Brett said he had made inquiries about future available hearing timeslots and indicated some time in October was available. The case was adjourned indefinitely.

Justice Brett also declined the Mercury’s application to access documents filed and relied on by Ms Neill-Fraser’s defence team.

He said the material could prejudice future proceedings.