VIRUS HITS COURT CASE
Vic lockdown now hampers legal team
MELBOURNE’S latest coronavirus outbreak looks set to destroy any hopes Sue NeillFraser had of walking out of prison a free woman next month.
The 66-year-old grandmother appeared in the Tasmanian Court of Criminal Appeal via video link on Friday, with her lawyer Paul Smallwood “very regretfully” saying both parties agreed an August 17 appeal hearing should be vacated.
He said instead, the anticipated 10-day appeal against Neill-Fraser’s murder conviction should be rescheduled for November 2.
A number of Neill-Fraser’s legal team are based in Victoria, meaning they’re affected by the state’s new lockdown provisions, even though Tasmania’s borders are expected to re-open after July 24.
However, Justice Helen Wood declined to vacate the date, suggesting all options be explored before doing so — including whether interstate lawyers might be able to seek a special dispensation to the COVID-19 provisions.
“I’m concerned that it would be somewhat premature to vacate on those dates,” she said. Both sides will return to court on July 24, when a decision will be made about whether the August hearing will proceed.
Neill-Fraser has served almost 11 years of a 23-year sentence for the Australia Day 2009 murder of her partner Bob Chappell aboard their yacht the Four Winds.
With a non-parole period of 13 years, she will currently become eligible for release on August 20, 2022.
Her second — and possibly final — bid for freedom was expected to proceed in March this year, but was rescheduled for May 25 before the August date was tentatively locked in.
Outside court on Friday, supporter Rosie CrumptonCrook said the delays were leading to “an ongoing feeling of frustration”.
“I mean, obviously no-one can do anything about the COVID-19 situation, but this is 11 years down the track.
“It’s a very, very long time for Sue and for her family,” she said.
“She writes to all of us and we write to her, but it’s very difficult to know how she must be feeling, because she’s not getting any visitors. She’s been in there a very long time and she’s innocent.”