The NSW Government’s latest attempt to have a man face trial on charges of murdering three Aboriginal children in Bowraville almost 30 years ago has failed.
Colleen Walker, 16, Clinton Speedy-Duroux, 16, and Evelyn Greenup, aged four, all disappeared from the northern NSW town in a five-month period from September 1990.
The man who was suspected of the crimes, who cannot be named for legal reasons, was acquitted of Clinton’s murder in 1994 and Evelyn’s murder in 2006.
The NSW Court of Criminal Appeal in September rejected an application by the state's attorney-general for the man to face a single trial charged with three murders.
The High Court has now refused to grant special leave to the government to appeal the decision.
"We can find no reason to doubt the correctness of the decision of the Court of Criminal Appeal," said Chief Justice Susan Kiefel, sitting with Justices Virginia Bell and Stephen Gageler.
Evelyn's aunt Michelle Jarrett said the family would never give up.
"We just want someone brought to justice," she said.
"We won't rest. We're still going to continue our fight. We haven't gone away in 28 years, we won't go away in another 28."
Ms Jarrett said the verdict was 'gut-wrenching'.
"You feel like you've let these kids down," she said.
"I feel like I've let my niece down. I've done everything I can and I'm going to continue to do everything I can until there's no breath left in my body."
Clinton’s aunt Dolly Jerome also spoke outside of court, saying she was angry that there would be no justice for the families at this point.
“We’ve come this far and they’ve shut the door on us,” she said.
“How dare they?”
Ms Jerome was accompanied by her nephews Marbuck and Elijah Duroux, and said she doesn't want to have to pass the fight onto them.
"If there's a tradition you want to pass down through your family, this is not one I want to pass on to my nephews," she said.
"It's not a tradition that I want to give to them."
Mr Speakman said the NSW Government will consider its options after decision.
“It is clear that there were failings in the criminal justice system’s initial response to the suspected murders of the children,” he said.
“I hope that those mistakes are never repeated again.
“I am sorry that those failings continue to deny the children, and their families, the justice they deserve.”