Appeal hearing off again
Lawyers’ travel bans further delay Neill-Fraser case
SUE Neill-Fraser’s hopes of having her murder conviction overturned and walking free from prison next month have been crushed.
Her second – and possibly final – appeal bid scheduled for August 17 was officially vacated in the Court of Criminal Appeal on Friday because of the worsening COVID-19 situation in Victoria.
It’s the third time the 66year-old grandmother’s latest bid for freedom has been delayed.
Neill-Fraser’s lawyer Chris Carr, appearing via video link from Melbourne and wearing a face mask, asked Justice Helen Wood to relist the matter for November 2 instead.
“Unfortunately as you’ve seen from the newspapers, the situation in Victoria has deteriorated markedly,” Mr Carr said.
“The hearing will be unable to go ahead in August.”
The fresh coronavirus outbreak in Victoria means Melbourne-based lawyers Mr Carr and Paul Galbally will not be able to enter Tasmania amid the state’s new lockdown provisions.
It is expected that Perthbased lawyer Tom Percy QC will be similarly precluded from interstate travel.
Neill-Fraser has now been locked up at the Mary Hutchinson Women’s Prison at Risdon Vale since August 2009 for murdering her partner Bob Chappell on Australia Day 2009. She has therefore served almost 11 years of a maximum 23-year sentence, and will be eligible for parole on August 20, 2022.
At a directions hearing earlier this month, Justice Wood held off from vacating the August appeal date in case a special dispensation could be arranged.
The expected 10-day hearing was initially anticipated to be held in March but was delayed until May due to the unavailability of legal counsel, but that hearing was later vacated due to COVID-19.
“Unfortunately the adjournment is necessary,” Justice Wood said on Friday, relisting the matter for November.
Neill-Fraser, who also appeared via video link, will return to court on September 28 for another directions hearing.