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Australia Bowraville: Landmark appeal hearing begins over deaths of three Aboriginal children

05:50  29 november  2017
05:50  29 november  2017 Source:   abc.net.au

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A hearing into the murders of three Aboriginal children in the NSW mid north coast town of Bowraville in the early 90s began today before the NSW Court of Criminal Appeal .

All three victims disappeared after parties in the Aboriginal community in Bowraville , in an area known as The Mission. ^ " Bowraville murders: Man charged for second time over deaths of Aboriginal children 9 February 2017".

The bodies of Evelyn Greenup and Clinton Speedy-Deroux were found in bushland near Bowraville.© Supplied The bodies of Evelyn Greenup and Clinton Speedy-Deroux were found in bushland near Bowraville. The families of three Aboriginal children allegedly murdered in the northern NSW town of Bowraville will have their day in court today, as the case is heard to re-try the key suspect.

Police have long identified the man, who cannot be identified for legal reasons, as a key suspect in the deaths of four-year-old Evelyn Greenup, Clinton Speedy-Duroux, 16, and Colleen Walker, 16, over a five-month period in 1990 and 1991.

He was acquitted of the murder of Clinton at a trial in 1994 and the murder of Evelyn at a separate trial in 2006.

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Hearing Begins Into The Deaths Of Three Aboriginal Children On Bowraville Missionhttps://www.buzzfeed.com/amymcquire/ hearing - begins -into-the- deaths - of - three - aboriginal - children ?utm_term=.yl7O9xqoP#.ve9bd7zaD …

No-one has been charged over the suspected murder of Colleen.

The families of the three children, who are all in court today, have long argued that the suspect was acquitted because evidence linking the deaths of Clinton and Evelyn was ruled as inadmissible in court.

They have argued the suspect would be more likely to be convicted if the cases were heard together.

The historic decision to seek a retrial came in May 2016, when then attorney-general Gabrielle Upton announced she would refer the case to the Court of Criminal Appeal to decide whether there was enough fresh and compelling evidence to quash the man's acquittals.

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The families of three Aboriginal children allegedly murdered in the northern NSW town of Bowraville will have their day in court today, as the case is heard to re-try the key suspect.

A man has been ordered to appear in court over the deaths of two Aboriginal children in the northern NSW town of Bowraville more than 25 years ago. It is understood that, once the man appears before the Court of Criminal Appeal early next year, those acquittals will be overturned and the case will be

Current Attorney-General Mark Speakman, represented by barrister Wendy Abraham QC, will argue there is fresh and compelling evidence linking the deaths of Clinton and Evelyn that warrant a retrial.

The suspect, whose identity is protected by a clause in the Crimes (Appeals and Review) Act, will be represented by senior public defender Mark Ierace.

Man charged again in February

The suspect was formally re-charged with the murders of Clinton and Evelyn in February this year.

The four-day hearing in the Court of Criminal Appeal (CCA) will determine whether the suspect's acquittals in the alleged murders of Clinton and Evelyn should be overturned, allowing the new charges to proceed.

If the CCA rules in favour of a retrial, it is understood NSW homicide detectives will then charge the suspect with the alleged murder of Colleen.

After that, he would face a criminal trial on all three counts of alleged murder.

Of course, the CCA may rule there is not fresh and compelling evidence to warrant a retrial.

If that happens, the charges against the suspect will be dropped and he will remain free in the community.

It is not known when a decision on the case will be handed down.

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