NSW government loses case to have man, who was previously acquitted at separate trials, face court for murders nearly 30 years ago

This article is more than 2 years old

This article is more than 2 years old

The New South Wales government has lost its bid to bring a man to trial for murdering three Aboriginal children in Bowraville nearly 30 years ago.

The 52-year-old, who can’t be named for legal reasons, was previously acquitted at separate trials in 1994 and 2006 of murdering two of the children – Evelyn Greenup, 4, and Clinton Speedy-Duroux, 16 – in late 1990 and early 1991.

The bodies of Evelyn and Clinton were found in bushland near Bowraville on the NSW mid-north coast, 500km north of Sydney.

The families of the murdered Bowraville children have waited too long for justice | Amy McQuire and Karla McGrady Read more

The NSW government had argued that there was fresh and compelling evidence – relating to the disappearance of a third child, Colleen Walker, around the same time – to justify the overturning of the acquittals and the ordering of a retrial.

No one has been charged with Walker’s murder.

Under NSW double-jeopardy laws revised in 2006, a person cannot be tried for a crime for which they have already been acquitted unless there is “fresh and compelling evidence”.

On Thursday the NSW court of criminal appeal found that this evidence was available at one of the trials and that the 52-year-old could not be retried in the other case as it was not open to the government to change its original application.

