Questions for key witness

NEILL-FRASER APPEAL: Former detective to be cross-examined

A RETIRED Victorian detective will be cross-examined as Susan Neill-Fraser’s attempt to appeal against her murder conviction continues into next year. Neill-Fraser, 64, is using new laws to mount an appeal against her conviction for murdering her partner Bob Chappell, 65, aboard their yacht Four Winds, which was moored off Sandy Bay, on Australia Day in 2009. Justice Michael Brett is to determine whether Neill-Fraser has a reasonable case to argue on her appeal, on the sole ground that there is “fresh and compelling” evidence.

Yesterday Neill-Fraser appeared in the Supreme Court in Hobart via video link from prison for a hearing to determine the next step in her appeal application.

A documentary of the Neill-Fraser case contained footage in which retired detective Colin McLaren dictated a statutory declaration for a witness to sign when the witness was not present.

That witness was Meaghan Vass, a 15-year-old homeless girl at the time Mr Chappell went missing, and whose DNA was found on the Four Winds.

Ms Vass previously gave evidence she was not on board but in April last year signed a statutory declaration she had been on board the yacht on the day of the murder.

Later she told the court she had been under duress when she signed the statutory declaration.

Mr McLaren was not called to give evidence earlier in the hearing but, in August, Neill-Fraser’s lawyer Tom Percy, QC, agreed to provide an affidavit from him.

After the document was re- ceived, the Crown applied to cross-examine Mr McLaren.

Yesterday, Mr McLaren’s lawyer, Remy van de Wiel, QC, successfully argued for Mr McLaren to give his evidence via video link from Melbourne.

Director of Public Prosecutions Daryl Coates, SC, who argued against Mr McLaren appearing in court via video link, said he expected the cross examination to take up to two days.

Neill-Fraser’s lawyer Chris Carr did not oppose Mr McLaren being called as a witness.

Mr van de Wiel said al-

though Mr McLaren was “keen to assist the court”, the stress of appearing in the courtroom could be detrimental to his health.

He said Mr McLaren had a heart condition that could be made worse by the stress.

“We’re certainly not talking about a well man and to be cross-examined for two days is something like running a marathon,” Mr van de Wiel said.

Justice Brett said although the medical evidence tendered — a psychiatrist’s report and two doctors’ reports — was scant, he was also conscious of the amount of time the proceedings had been “on foot”.

“The reality of this is the case has been ongoing for a considerable amount of time and the court’s eager to have this matter resolved.”

Justice Brett also said it would be a different situation were he determining the appeal, as opposed to whether Neill-Fraser should be given leave to appeal.

Justice Brett adjourned the hearing until February 5.

He has already heard closing submissions from Neill-Fraser’s lawyers and the Crown and said he would only be interested in hearing further submissions that related to Mr McLaren’s evidence.

The hearing has so far been held over several days in October and November last year, and March, July and August this year.