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Bowraville families are shocked by a judges decision to decline the amendment of NSW double jeopardy laws.

SBS Radio Living Black, Bowraville murders, NSW double jeopardy laws
Bowraville families are shocked by a judges decision to decline the amendment of NSW double jeopardy laws. Source: SBS Radio Living Black

A decision made a week before Christmas has become another devastating blow for the families of three murdered children from Bowraville.


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By Kirstyn Lindsay

Source: SBS


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A decision made a week before Christmas has become another devastating blow for the families of three murdered children from Bowraville.


A former judge has refused to amend the NSW double jeopardy laws after a review that could refer the case back to the courts for a retrial

Twenty-five years later and a series of trials and inquests, no one has been convicted over the deaths of Colleen Walker-Craig, Clinton Speedy-Duroux and Evelyn Greenup.

Former judge James Wood led a review of the state's double jeopardy laws in line with an upper house inquiry recommendation requesting the state government to consider clarifying the laws, so a single retrial could be held.

In most states of Australia a person can be retried if there is new and compelling evidence that directly proves they have committed the offence.

 Currently police prosecutors have a strong case with new evidence, requiring all three murders to be heard together.

 The families are not giving up to seek justice for their children.

 

In Feburary 2016, a new application will be made to the NSW Director of Public Prosecution or Attorney General for a decision about a retrial to be made by an assessor outside of the state of NSW.

 

Greens MP for NSW David Shoebridge, spoke to Living Black Radio about the decision.

 

 


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