Thursday, March 21, 2019

Susan Neill-Fraser: Australia: Extraordinary Development: Fresh and Compelling! Judge opens the door to an appeal after finding that DNA evidence of a then homeless teenager Meaghan Vass found on board the yacht (Four Winds) and an affidavit tendered to the court that mirrored recent statements made during an interview with 60 Minutes (television documentary) that she had been on board — contrary to what Ms Vass said at the 2010 trial — met the criteria of "fresh and compelling" needed for the application to succeed.


PASSAGE OF THE DAY:  "The affidavit contains direct and detailed admissions of Ms Vass's involvement in events aboard the [yacht] Four Winds on the relevant night," Justice Brett said. "In particular, Ms Vass states that she was present on the yacht then with two identified male companions. She witnessed at least one of the males assault Mr Chappell. She recalls seeing a lot of blood."

STORY: "Sue Neill-Fraser wins right to appeal conviction for murder of partner Bob Chappell," by reporter Alexandra Humphreys, published by ABC News on March 21, 2019.

GIST: "Hobart woman Susan Neill-Fraser has won her application for an appeal against her murder conviction. Neill-Fraser, 65, who was found guilty of the 2009 murder of her partner Bob Chappell, succeeded in her bid to convince a judge her legal defence had "fresh and compelling" evidence which should be heard. Today, Justice Michael Brett detailed his reasons to a packed courtroom for almost an hour before revealing that Neill-Fraser would be granted leave to appeal her murder conviction...............Justice Brett found that DNA evidence of a then homeless teenager Meaghan Vass found on board the yacht and an affidavit tendered to the court that mirrored recent statements made during an interview with 60 Minutes that she had been on board — contrary to what Ms Vass said at the 2010 trial — met the criteria of "fresh and compelling" needed for the application to succeed. "The affidavit contains direct and detailed admissions of Ms Vass's involvement in events aboard the [yacht] Four Winds on the relevant night," Justice Brett said. "In particular, Ms Vass states that she was present on the yacht then with two identified male companions. She witnessed at least one of the males assault Mr Chappell. She recalls seeing a lot of blood. "The affidavit does not directly address what became of Mr Chappell. Ms Vass claims that she cannot recall leaving the yacht or what happened after the assault." The judge said he did not need to make a finding on its "credibility". He said he was satisfied Neill-Fraser had a reasonable case to present to the Court of Criminal Appeal, and that it was in the interests of justice for leave to be granted. If the Court of Criminal Appeal upholds the appeal, Neill-Fraser may face a retrial."

The entire story can be read at:
https://www.abc.net.au/news/2019-03-21/susan-neill-fraser-appeal-murder-conviction-decision/10925052

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher; The Charles Smith Blog.