STORY: "Death on the Derwent: Secret file could prove yacht killer's innocence," by reporters Nick McKenzie, Nino Bucci, and Richard Baker, published by The Sydney Morning Herald on August 22, 2017.
SUB-HEADING: "On May 11, Victoria's leading criminal barrister, Robert Richter
QC, met with Tasmania's premier, Will Hodgman and handed him a
confidential dossier known as the "white paper". The
explosive file revealed that a potential teenage witness to one of
Tasmania's most notorious crimes had signed a statutory declaration
which casts doubt on the conviction of a woman who has spent the past
seven years behind bars for her partner's murder."
GIST: "On the night of Australia Day 2009, Bob Chappell, a pillar
of the local community, disappeared from the deck of the Four Winds, a
yacht moored off the Hobart suburb of Sandy Bay. Chappell's partner,
Sue Neill-Fraser, is serving a 23-year sentence for his murder. Police
say she bludgeoned him to death, winched his body onto its deck, and
disposed of it into the dark depths of the Derwent." Meaghan Vass's DNA was found on the Four Winds, but in court she swore she had never boarded the boat. Mr
Richter's white paper suggests Chappell was killed when he disturbed
Vass and other vagrants, who had boarded the Four Winds planning to
steal from it. The dossier names two men with extensive criminal records
who may be involved in the murder. Neill-Fraser has maintained her innocence, but was convicted by a jury in 2010, a finding later upheld on appeal. It is the biggest legal story in Tasmania. And Richter, an intense,
bearded QC regarded as one of Australia's finest and most forensic trial
advocates, had travelled to Hobart to tell the Premier that police may
have got it terribly wrong. The 25-page white paper contained an extract from a secret
statutory declaration made by Vass a week earlier in which she admitted
to being on the yacht the night Chappell disappeared. Along with
other information detailed in the white paper, Richter believed Hodgman
would be forced to consider an independent inquiry. Despite years of intense media scrutiny of the case, the
contents of the white paper have been a tightly held secret. Richter
requested that Hodgman and the others in the room – Tasmania's acting
attorney-general Matthew Groom and the solicitor-general Michael
O'Farrell SC – not pass it to the Tasmanian police. Hodgman and
Groom declined to read the white paper but agreed that O'Farrell should
review it. Richter flew back to Melbourne and waited for a reaction. It came this month, although not in the manner Richter expected. Witnesses
named in the white paper who helped compile or corroborate aspects of
Vass's statement – her associate Karen Keefe, a lawyer Jeff Thompson,
and another man who must remain anonymous, Witness X – have all been
arrested by Tasmanian police and charged with perverting the course of
justice. The police allege they have concocted or coerced evidence to clear Neill-Fraser and support Vass's statutory declaration. The
arrests have plunged the small state's criminal justice system into the
spotlight and led to claim and counterclaim of cover-ups and witness
intimidation.........Independent inquiry: Despite their obvious credibility problems and the fact their
statements have not been verified in any forensic setting, Vass, Witness
X and Keefe's comments, combined with the fact of Vass's DNA on the
deck of the Four Winds, were enough for Richter to urge the Premier to
commission an independent inquiry. Such an inquiry could have the ability to compel witnesses, including Vass, to testify about what they knew about the case. It
could also examine allegations made by Witness X that he was told by
detectives he would be charged with historic offences if he co-operated
with Neill-Fraser's legal team. While Richter's team also hopes
the evidence in the white paper may form the foundation of
Neill-Fraser's last-ditch legal appeal in the Supreme Court (the appeal
has been adjourned indefinitely but could be held as early as October),
an inquiry would be able to find and test the white paper evidence in a
manner unconstrained by court procedure. The Tasmanian police, though, had other ideas. ..........Series of arrests: The police activity in the past month suggests the potential evidence
Richter hoped would prompt Hodgman into action has instead been used by
Tasmanian detectives to make a series of arrests. According to a
source working with Richter, rather than being used to outline a case
to clear Neill-Fraser, the contents of the white paper has instead been
used to demolish it......... But the fight over the white paper may only be starting. Sources
have told Fairfax Media that on Wednesday, two other members of
Neill-Fraser's legal team, respected criminal defence lawyer Paul
Galbally and Tom Percy QC, may flag with the Tasmanian Supreme Court the
question of whether police or senior Tasmanian officials are in
contempt of court by authorising the charging of the white paper
witnesses.Neill-Fraser's appeal is set down for a mention in Hobart. Barrister
and Australian Lawyers Alliance spokesman Greg Barns, who practices in
Melbourne and Hobart and gave some early advice to Neill-Fraser in 2009,
says Tasmania's criminal justice system is itself on trial. "The
test of the robustness and integrity of any justice system, including
that of Tasmania, is how it deals with hard cases such as those in which
it is alleged there has been a wrongful conviction," he says.