PASSAGE OF THE DAY: "Neill-Fraser has always denied committing the crime and has launched multiple appeals — the latest one made possible by laws introduced by the Tasmanian Government in 2015. The case has had many twists and turns, with one prominent lawyer likening Neill-Fraser's plight to that of Lindy Chamberlain. Justice Blow sentenced Neill-Fraser to 26 years in prison, with a non-parole period of 18 years. That sentence was later reduced on appeal, by three years. Her supporters immediately began questioning the verdict and working on a plan to free her. No date has been set for the appeal."
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STORY: "Convicted murderer Sue Neill-Fraser lodges notice to appeal jailing over death of Bob Chappell," by reporters Tamara Glumac and James Dunlevie, published by ABC News on August 2, 2019.
SUB-HEADING:
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KEY POINTS: Among the possible outcomes, the court of appeal could decide to free Neill-Fraser, order a retrial — or reject the appeal
GIST: "Convicted murderer Susan Neill-Fraser has officially lodged her appeal against her jailing over the death of her partner onboard the couple's yacht on Australia Day a decade ago." Neill-Fraser, now 65, is currently serving a 23-year jail term at Hobart's Risdon Prison after a jury found her guilty of killing her de facto partner of 18 years, Bob Chappell, and dumping his body overboard from the yacht Four Winds. Neither a murder weapon, nor Mr Chappell's body, have ever been found. In March this year, Neill-Fraser was granted leave to appeal the conviction after convincing a Supreme Court judge her legal team had "fresh and compelling" evidence which should be heard. Today, Neill-Fraser's lawyers have lodged a notice of appeal in the Supreme Court of Tasmania on the grounds there has been a "substantial miscarriage of justice". In it, her defence argues Meaghan Vass — then a homeless teenager — boarded the Four Winds and "the deceased was attacked while she was on board". The notice also states there is "fresh and compelling evidence" in relation to "evidence led by the prosecution at trial in relation to the results of, and inferences that could be drawn from DNA [and luminol testing]" and a "winching reconstruction on the Four Winds" which Neill-Fraser's team said was "misleading". It also argued the "dinghy seen near the Four Winds around the time the deceased was attacked was not the Four Wind's tender." Mr Chappell was either dead or unconscious when he went into the water, weighed down by an old-fashioned fire extinguisher sometime between 5:00pm and midnight on January 26, 2009, Justice Alan Blow said at the original trial. Justice Blow said Neill-Fraser "sabotaged" Four Winds with the intention of sinking it before using the ropes and winches to lift Mr Chappell's body onto the deck, manoeuvring his body into a dinghy and travelling away from the yacht's mooring to deeper water where she dumped the body. Before killing Mr Chappell, Neill-Fraser had "come to the conclusion that her relationship with him was at an end", Justice Blow said.
- In March this year, a judge found he was satisfied new evidence put forward by Neill-Fraser's team met the criteria of "fresh and compelling" that was required to enable a new appeal to proceed
- Neill-Fraser, her family and their supporters have argued she is innocent of the crime
GIST: "Convicted murderer Susan Neill-Fraser has officially lodged her appeal against her jailing over the death of her partner onboard the couple's yacht on Australia Day a decade ago." Neill-Fraser, now 65, is currently serving a 23-year jail term at Hobart's Risdon Prison after a jury found her guilty of killing her de facto partner of 18 years, Bob Chappell, and dumping his body overboard from the yacht Four Winds. Neither a murder weapon, nor Mr Chappell's body, have ever been found. In March this year, Neill-Fraser was granted leave to appeal the conviction after convincing a Supreme Court judge her legal team had "fresh and compelling" evidence which should be heard. Today, Neill-Fraser's lawyers have lodged a notice of appeal in the Supreme Court of Tasmania on the grounds there has been a "substantial miscarriage of justice". In it, her defence argues Meaghan Vass — then a homeless teenager — boarded the Four Winds and "the deceased was attacked while she was on board". The notice also states there is "fresh and compelling evidence" in relation to "evidence led by the prosecution at trial in relation to the results of, and inferences that could be drawn from DNA [and luminol testing]" and a "winching reconstruction on the Four Winds" which Neill-Fraser's team said was "misleading". It also argued the "dinghy seen near the Four Winds around the time the deceased was attacked was not the Four Wind's tender." Mr Chappell was either dead or unconscious when he went into the water, weighed down by an old-fashioned fire extinguisher sometime between 5:00pm and midnight on January 26, 2009, Justice Alan Blow said at the original trial. Justice Blow said Neill-Fraser "sabotaged" Four Winds with the intention of sinking it before using the ropes and winches to lift Mr Chappell's body onto the deck, manoeuvring his body into a dinghy and travelling away from the yacht's mooring to deeper water where she dumped the body. Before killing Mr Chappell, Neill-Fraser had "come to the conclusion that her relationship with him was at an end", Justice Blow said.
"I am satisfied beyond reasonable doubt that Ms Neill-Fraser deliberately killed Mr Chappell for a reason, and that reason had to do with her financial betterment — possibly a desire to acquire all the assets that she stood to receive upon his death, and at least a desire to place herself in a position where she could acquire Mr Chappell's interest in the Four Winds without having to borrow."The prosecution case also relied on Neill-Fraser's own statements — which included an allegedly false account of her whereabouts the day after the crime. Neill-Fraser has always denied committing the crime and has launched multiple appeals — the latest one made possible by laws introduced by the Tasmanian Government in 2015. The case has had many twists and turns, with one prominent lawyer likening Neill-Fraser's plight to that of Lindy Chamberlain. Justice Blow sentenced Neill-Fraser to 26 years in prison, with a non-parole period of 18 years. That sentence was later reduced on appeal, by three years. Her supporters immediately began questioning the verdict and working on a plan to free her. No date has been set for the appeal."
The entire story can be read at:
https://wrongfulconvictionsreport.org/2019/08/14/i-will-tell-the-court-meaghan-vass/
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;
