An appeal to determine whether there is fresh and compelling evidence to retry a man previously cleared of murdering Aboriginal youths in Bowraville has been listed for hearing.
The man, who can't be named for legal reasons, allegedly killed 16-year-old Clinton Speedy-Duroux and four-year-old Evelyn Greenup between October 1990 and April 1991 in the quiet NSW mid north coast town.
Justice Clifton Hoeben on Thursday set out a timetable for the appeal proceedings listing a hearing of about four days starting on November 28.
A third child also disappeared at the same time, however the man has not been summoned in relation to that death.
There have been repeated requests from police and the victim’s families since the tragedy to have the case be reopened.
In May this year the NSW Attorney-General Gabrielle Upton ordered the case be sent to the appeal court to examine the man’s previous acquittals and consider a retrial.
“The best and most transparent way to deal with this tragic case is to make an application for retrial,” Ms Upton said at the time.
“I have met their families and understand the pain and suffering they experience every day more than 25 years after the death of the children,” she said. “After careful consideration, I have decided that there should be no further delay in bringing this matter to court.”
What happened to them?
Between 1990 and 1991 three aboriginal children went missing from the same street in Bowraville.
16-year-old Colleen Walker, four-year-old Evelyn Greenup and 16-year-old Clinton Speedy-Duroux, all disappeared within a five month period.
At the time, the police treated each disappearance as a missing person’s case instead of a potential murder and that decision may have affected the investigation’s ability to secure evidence.