Mercury (Hobart)

COPS HAVE SNF PRISON TAPES

- LORETTA LOHBERGER Court Reporter

AUDIO recordings from the Mary Hutchinson Women’s Prison, including a conversati­on between convicted killer Susan Neill-Fraser and a visitor, have been used as evidence against her applicatio­n for a last-ditch appeal. A hearing, to determine whether there is fresh and compelling evidence to enable an appeal, resumed in the Supreme Court in Hobart yesterday.

AUDIO recordings from the Mary Hutchinson Women’s Prison, including a conversati­on between convicted killer Susan Neill-Fraser and a visitor, have been used as evidence against her applicatio­n for a last-ditch appeal.

Neill-Fraser, 64, is using new laws to mount an appeal against her conviction for murdering her 65-year-old partner Bob Chappell aboard their yacht Four Winds, which was moored off Sandy Bay, on Australia Day in 2009.

A hearing, to determine whether there is fresh and compelling evidence to enable an appeal, resumed in the Supreme Court in Hobart yesterday, before Justice Michael Brett.

The whereabout­s of a then 15-year-old homeless girl, Meaghan Vass, whose DNA was found on Four Winds, was again a focus of the hearing.

Tasmania Police Detective Sergeant Shane Sinnott told the court that after the DNA was found to belong to Ms Vass in March 2010, he was unable to verify where Ms Vass was on the night of the murder, January 26, 2009.

Sgt Sinnott said police did not find a link between Ms Vass and the area where the yacht was moored, or a link between Ms Vass and boat-related crimes or any other reason why her DNA would have been on the yacht.

He said police also found nothing linking Ms Vass to anyone else related to the case.

He told the court police had evidence Ms Vass was under duress when she signed a statutory declaratio­n in April last year that claimed she had been on Four Winds on January 26, 2009, which contradict- ed evidence she had previously given.

Sgt Sinnott said the evidence that she was under duress included: AN AUDIO recording of a women’s prison inmate providing her mother with a note or letter written by Neill-Fraser to be smuggled out of the prison and given to Ms Vass, instructin­g Ms Vass what to tell her lawyer in relation to her evidence and to apply for indemnity. AN AUDIO recording of Neill-Fraser and a visitor planning to have a man known as “Sharkie” in the back of the court when Ms Vass gave evidence “so that she would know not to say the wrong thing”. FIVE hundred hours of video footage, seized under warrant from a NSW production company, that included footage of a man and a woman preparing the statutory declaratio­n for Ms Vass.

Sgt Sinnott agreed with Neill-Fraser’s lawyer, Tom Percy QC, that the man had spoken to Ms Vass before he prepared the declaratio­n.

Mr Percy also questioned Sgt Sinnott about some rags with apparent vomit stains that were found in the yacht’s laundry.

Sgt Sinnott said he had not known about the rags until a couple of weeks ago and did not know where they now were.

Director of Public Prosecutio­ns Daryl Coates said photograph­s taken by police onboard the yacht while it was still moored near Marieville Esplanade did not show any rags.

Mr Percy called for the rags to be forensical­ly tested, but Justice Brett said he did not have the power to order testing.

During the hearing, tensions between Mr Percy and Mr Coates were apparent.

At one point, Justice Brett warned: “I’m not going to referee a squabble between counsel.”

Outside the court yesterday, Neill-Fraser’s daughter Sarah Bowles said she was pleased with how the case was progressin­g.

“We’ve always felt that the case would turn on the scientific evidence and I think tomorrow we’ll be hearing more of that, but we really feel that we’re putting our best foot forward,” she said.

Mrs Bowles said an innocent person was in prison “and we still don’t really know what happened to Bob, and at the end of the day this is what this should be about”.

Mr Percy and Mr Coates will make closing arguments today. Justice Brett will then consider whether there is fresh and compelling evidence to allow Neill-Fraser’s appeal.

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