Justices refuse to hear government appeal against decision declining request for man to face single trial

The Australian high court has refused to hear an appeal against a decision rejecting an attempt for a man to face a single trial on charges of murdering three Aboriginal children in Bowraville almost 30 years ago.

In September, the NSW attorney general had unsuccessfully argued in the NSW Court of Criminal Appeal that there was fresh and compelling evidence to justify the overturning of the man’s two Bowraville murder acquittals and the ordering of a single trial on three murder charges.

On Friday, the high court declined the government special leave to appeal against the decision.

“We can find no reason to doubt the correctness of the decision of the court of criminal appeal,” said chief justice Susan Kiefel, sitting with justices Virginia Bell and Stephen Gageler.

The NSW attorney general, Mark Speakman, said he had met the Bowraville families to discuss the ruling.

Bowraville murders: court rejects bid to try man over Aboriginal children's deaths Read more

“Today’s decision represents yet another blow to the children’s families, who have bravely fought for justice over the last three decades. I am sorry for the further trauma and grief today’s decision will bring,” Speakman said.

“Despite today’s disappointing result, I believe that the retrial application was in the public interest. For almost a decade, the Bowraville families and the NSW police force had advocated for the commencement of the retrial application.”

Speakman said it was clear there were failings in the justice system’s initial response to the suspected murders.

“I hope that those mistakes are never repeated again. I am sorry that those failings continue to deny the children, and their families, the justice that they deserve.”