Series 7 Episode 7
Wednesday, 18 April, 2007 - Living Black
VOICEOVER: If the quiet waters and surrounding bushland of the Nambucca River could speak, they would reveal the identity of the Bowraville serial child killer. It was here in 1990 that the weighted-down clothing of missing 16-year-old Colleen Walker was discovered. Her remains have never been found. Six months later, the body of 16-year-old Clinton Speedy-Duroux was found buried in nearby bushland. Soon after, the body of 4-year-old Evelyn Greenup was discovered only metres away. In less than five months three children from Bowraville's Aboriginal community were killed. Almost two decades on, no-one has ever been convicted of the three murders. In an effort to close the case, the NSW Government has posted a $250,000 reward.
DAVID CAMPBELL, NSW POLICE MINISTER: The reward is for information that would lead to the charge and conviction of a person or persons responsible for these particular murders. It's not just that someone comes forward and says, "I heard this." There has to be some substance behind it.
VOICEOVER: News of a reward increase has been welcomed by the families of the three victims.
PAULA CRAIG, COLLEEN WALKER'S SISTER: Now that it's gone up, and for the three kids, I mean, it gives us a bit of hope. And hopefully from this we might get someone ringing up with some more information. Marbuck Duroux is the brother of Clinton Speedy. One of his last wishes before he was diagnosed with motor neurone disease was to see a conviction of the person or persons responsible for Clinton's muder.
LEONIE WILMSHURST, MARBUCK DUROUX'S PARTNER: It's been so long and it'd just be good to see some closure for Clinton's family, especially for Marbuck.
REBECCA STADHAMS, EVELYN GREENUP'S MOTHER: It would be real good news if someone does come forward and give that information to the police to help us, to help them with the kids.
MICHELLE STRAEDE, EVELYN GREENUP AUNTY: And it'll finally give Evelyn - she can rest in peace, like all the kids can.
VOICEOVER: Despite the years of pain and grief felt by family members, they've never lost hope.
LEONIE WILMSHURST: The pain's still raw, and it really hasn't been dealt with, and I don't think it will be until we get some justice.
PAULA CRAIG: It might just jog people's memory. The thing that I've always thought is that someone might know something small and think it's not of great concern but it could be that little piece of the puzzle that could help out.
MICHELLE STRAEDE: It's finally showing that people are listening and that there is a serial killer out there, still on the loose after 16 years.
VOICEOVER: The Police Minister is determined to see that justice prevails.
DAVID CAMPBELL: These are three murders over a
relatively short period of time in the one community and
there's a lot of impact on the community. That's why
the police want to get closure.
VOICEOVER: The families of the victims now hope that the reward will uncover new information.
PAULA CRAIG: That's the biggest hope for this reward, is that we will have new evidence and maybe find Colleen's remains and put her at rest.
LEONIE WILMSHURST: Eventually, I would like to see a parliamentary inquiry into the original investigation, most definitely. So the family members can have answers. They've been looking for answers for so long.
MICHELLE STRAEDE: Please come forward, because it'll
help Rebecca and her family. Look at your own kids that you
may have now. You'd most likely be anonymous. So just come
forward, because it will help a family to become a whole
family again.
Kris Flanders with that report. The announcement by the NSW
Government to increase the reward for the unsolved
Bowraville murders is welcomed not only by the family
members, but the detective leading the investigation,
Detective Inspector Gary Jubelin. He joins me now. Detective
Inspector Jubelin, welcome to the program. Thank you. First
of all, what do you hope this increase in reward money will
achieve?
DETECTIVE INSPECTOR GARY JUBELIN, NSW POLICE HOMICIDE SQUAD: We see the increase in reward as being a positive step. We're hoping that by increasing the reward it might encourage people that have information to come forward and provide it to the police. It also gives the community of Bowraville hope in the fact that they realise that we're continuing on with the investigation and hopefully that it will be resolved.
KARLA GRANT: What kind of evidence or information would you be looking for?
DETECTIVE INSPECTOR GARY JUBELIN: What we are asking for is anyone who has any information - be it small, or they might consider it's not even relevant to the investigation - if they got have any doubts, I would encourage those people to provide that information to police. The type of information that we are looking for is anything in relation to the murder of Evelyn Greenup, Clinton Speedy and Colin Walker. So anyone that has anything that they think might be of assistance to police, I would encourage them to provide that information to police.
KARLA GRANT: OK, well, it's a very small community, and many people are related or know each other well and there might be fear of coming forward with information in the case, just in case they're implicated or blamed or embarrassed or even threatened for taking so long to speak up. What would you say to them if they are listening right now?
DETECTIVE INSPECTOR GARY JUBELIN: I understand
people's concern. It is a small country town and a very
tight-knit community. I can understand people's reluctance
to come forward. What I would say those people, if they do
have information, if that they provide that to police we can
treat it with the strictest of confidence and protect their
identity if necessary.
It is only as recent as last year that more people have come
forward and provided information that we were following up
as late as last year.
KARLA GRANT: So what should people do if they think they have any information that could help, no matter how small? Some might think that after 16 years what they know may not help.
DETECTIVE INSPECTOR GARY JUBELIN: Yes, I know that's probably a perception that a lot of people have. These events occurred 16 years ago, and what possibly could new information how could that assist the investigation? As I said, last year we recieved some fresh information that we followed up. And it could be a small amount. It is like putting together a jigsaw puzzle, and just that one piece of information we are looking for, that person might have it. So we encourage them to come forward and provide the information to police. If they want to contact me directly, I can be reached through the homicide office of NSW police, or they can pass the information on to the Crime Stoppers hotline of the New South Wales police.
KARLA GRANT: You have worked on this case for some 10 years now. You must have become very close to the family. What has it been like for them?
DETECTIVE INSPECTOR GARY JUBELIN: It's a devastating situation. You have got a small country town and a small community within that town, and they have had three of their children's lives taken way too early. The pain is still there for the community. I see that every time I speak to a member of the community, you can still see the pain that they are carrying with the loss of these three children. What I'm hoping - and I believe this is also from the community's point of view - that some form of closure will come into play if we can have the person responsible for murdering these children brought before justice.
KARLA GRANT: Finally, are you confident that you will indeed solve this case and that you will find the killer?
DETECTIVE INSPECTOR GARY JUBELIN: It has been a long investigation, a long, hard investigation, but one thing that I am confident - and something that I have said to all the relatives of the children - is that we are never going to give up on the investigation. It's a message I'd like to send out to the person responsible for murdering these children, or persons responsible, is that we are not going to give up on it. I've assured the family that we won't give up on it. We gain strength, from the police point of view, in the fact that the family are still keen and still championing the cause that we solve this matter. So we will continue on, and that's the message I'd like to also send out to the community that the deaths of their children haven't been forgotten and we would do everything in our power to bring the person or persons responsible to justice.
KARLA GRANT: Detective Inspector, thanks very much for joining us.
DETECTIVE INSPECTOR GARY JUBELIN: Thank you, Karla.
That was Detective Inspector Gary Jubelin who is leading the
investigation into the Bowraville murders. And if you have
any information that you think may be of assistance in
solving these murders, you're urged to contact the Crime
Stoppers hotline on: 1800 333 000
Serial killer suspect still free despite new evidence
- From: The Daily Telegraph
- December 02, 2010
The suspect was the only person at the scene of the disappearance of each of the children in the small town of Bowraville, on the state's Mid-North Coast.
New investigations revealed evidence linking him to one of the victims after the teenager's disappearance, homicide officers have claimed.
A clincher was that never in Australian history had three children from a country town been murdered within six months of each other - never mind by more than one killer - said the report, rejected by Attorney-General John Hatzistergos.
Mr Hatzistergos has refused to use the state's double jeopardy laws to recharge the man, who has twice been acquitted of murder, on the ground there was "no reasonable prospect" of gaining convictions.
The report, by Detective Inspector Gary Jubelin, who headed Strike Force Ancud which reinvestigated the 20-year-old killings, has been obtained by families of victims Colleen Walker, 16, Evelyn Greenup, 4, and Clinton Speedy Duroux, 16 under Freedom of Information laws.
The children lived three doors away from each other and disappeared in 1990 and 1991.
A local man was acquitted in 1994 of the murder of Clinton, who was last seen in the man's caravan, and in 2006 he was acquitted of the murder of Evelyn, abducted after a party at her mother's house attended by the man.
The body of Colleen has not been found but her clothes were discovered along the same road where the bodies of the other two children were left in the bush.
"I believe that this man is responsible for the murders of Clinton Speedy and Evelyn Greenup, the suspected murder of Colleen Walker and disposal of their bodies," the report said.
"After [he] was charged with the murder of Clinton Speedy in April 1991, no other murders of this nature occurred in the area."
Clinton's sister-in-law Leonie Duroux yesterday said they could not understand why Mr Hatzistergos never spoke to the police in the eight months it took him to reject their submission.
"If the matter took eight months to consider one would assume there was some merit in the application," Ms Duroux said. "If the decision was that difficult would it have been more appropriate to have a court decide the strength and weaknesses of the evidence?"
Opposition police spokesman Mike Gallacher has asked Mr Hatzistergos to review his refusal in the light of the report and pledged the Coalition would reconsider the case if they are elected next year.
The families have invited Mr Hatzistergos, Premier Kristina Keneally and Director of Public Prosecutions Nicholas Cowdery to a public meeting in Bowraville on December 11 to explain.
THE laws, which had blocked people being tried twice for the same offence, were overturned in 2006 directly because of a campaign by the Bowraville families. Along with the police, they want the suspect to face trial again for the murders of Clinton and Evelyn and to be charged with Colleen's murder.
A study conducted by the Australian Institute of Criminology's National Homicide Monitoring Program said the murder of three children from a small country town over six months was unique and "the likelihood of three separate offenders committing those murders appears even more remote".
Bowraville's Unfinished Business
Sunday, 17 October, 2010 - SBSWatch Online: Bowraville's Unfinished Business
Two of these children, four-year-old Evelyn Greenup
and 16-year-old Clinton Speedy-Duroux, were
murdered. Colleen Walker, 16, is still missing,
presumed dead.
Over the years, the grieving families of these three
victims have continued their efforts to have the
same man retried for the deaths. They believe the
circumstances surrounding all three deaths should be
put before the Court at the same time.
Now, changes to double jeapardy laws mean the
families' hopes may be realise. They hold hopes the
Attorney-General will use his power under new
retrial laws to have the cases reopened.
Video journalist Kodie Bedford spoke with relatives
of these lost children in Bowraville about the pain
they still suffer.
UPDATE
The families of the three Bowraville
children whose deaths remain unsolved have called
for a parliamentary inquiry after New South Wales
Attorney-General John Hatzistergos rejected their
application to pursue a further trial.
Leonie Duroux, the sister-in-law of murder victim
Clinton Speedy-Duroux, said the families were very
upset by the Attorney-General’s decision.
“We’ve got no justice. We kept our silence since the
submission [was made]. We have been dignified, done
all of the right things hoping the system would give
us a chance. All we wanted was a day in court,” Ms
Duroux said.
The families argue the Attorney-General did not
fully investigate the matter.
“During the time the Attorney-General had the
submission he didn’t make any contact with the
detective who has been investigating the case [and]
no contact with the witnesses,” she said.
“He didn’t come to Bowraville. For such an important
decision he should’ve visited the place”.
It’s been 20 years since three Aboriginal children
disappeared over the course of 5 months from the
northern New South Wales town.
Sixteen year old Clinton Speedy-Duroux and
four-year-old Evelyn Greenup were murdered, their
bodies found four kilometres apart in bushland just
outside the community.
Colleen Walker, 16, is still missing and presumed
dead after her weighted down clothes were discovered
in the Nambucca River seven months after she
vanished in September 1990.
A Bowraville man was charged over the murders of
Clinton and Evelyn but he was separately tried and
acquitted in both cases. No charge has been laid for
Colleen’s death.
The families have continued their efforts to have
this same man retried, believing the circumstances
surrounding all three deaths should be put before
the courts at the same time.
In 2006 the State Government modified the double
jeopardy law, allowing the NSW courts to over ride
this principle, which says an acquitted man cannot
be tried twice.
High profile law firm Allens Arthur Robinson made a
submission to the Attorney-General on behalf of the
families to have the case reopened under these new
laws.
It took eight months for the Attorney-General to
reach his decision.
In a statement to Living Black, lawyers acting for
the families expressed their disappointment.
“This was an opportunity for the Attorney to test
this important new legislation and allow a court to
assess the significance of the evidence. It is an
opportunity that this Attorney has passed up”,
lawyers Oscar Shub and Brendan Ferguson said via a
spokesperson.
The lead detective in the case Detective Inspector
Gary Jubelin said he would be meeting with the
families in the near future.
“It is my intention to properly assess the
information supplied by the Attorney-General, then
seek advice and see if there is anything further
that can be done to find justice of the families of
the three murdered children.”
The Attorney-General released a statement last
Friday saying he was concerned nobody has been
brought to justice over these deaths.
“Decisions of this type however must be made
objectively and on the basis of all the available
evidence,” Mr Hatzistergos said.
“The Crown Advocate, The Director of Public
Prosecutions and Solicitor General have all
considered this matter, and are of the view that
there is no reasonable prospect of success.”
The families of the three victims have said they
will not give up but conceded they are running out
of options.
“If there was a change of parliament we could
resubmit the submission [to a new
Attorney-General]”, Ms Duroux said.
“We’re not giving up just yet. We’re going to keep
on fighting.”
TRANSCRIPT
MICHELLE STADHAMS, EVELYN’S AUNTY: Rebecca had come in and said, "Evelyn's missing", and I said to her, you know, "What do you mean missing?" I just started spinning because I just couldn't believe what I was hearing.
KODIE BEDFORD: Michelle Stadhams is reliving the night her niece Evelyn Greenup disappeared. It's now been 20 years since Evelyn's death, but the memories are still fresh.
MICHELLE STADHAMS: I had to go around and tell everybody else, you know, get up looking for her, we can't find her.
KODIE BEDFORD: Evelyn was one of three Aboriginal children to disappear from the Bowraville mission in northern NSW. All three disappeared over the course of five months. 16-year-old Colleen Walker was the first to go missing in September 1990. Her body was never found, but her weighted down clothes were discovered here in the Nambucca River seven months later. Four-year-old Evelyn was murdered in October 1990, and in February 1991, 16-year-old Clinton Speedy-Duroux had also been murdered. Both Clinton and Evelyn's remains were found four kilometres apart in the same tract of bushland just outside the town. For the families, the pain of losing their loved ones has been intensified by the fact no one has been convicted over their deaths.
DIANNE DUROUX, CLINTON’S AUNTY: The pain is still there. You know, I don't think it will ever go away. You know, to find out, you know, something like that had happened to him and where they found him and, you know, how he was found.
MICHELLE STADHAMS: We want justice. We want someone behind bars. We want to be able to say, "You did this to our girl, you took her away." We want someone to be accountable for taking her life.
KODIE BEDFORD: For the past 14 years, Detective Inspector Gary Jubelin has led the police investigation into the deaths. During that time he's become close to the grieving families.
DETECTIVE INSPECTOR GARY JUBELIN, NSW POLICE: They've taken comfort from the fact that people do care, and that people are trying to help them find out what happened to their children and then bring justice.
KODIE BEDFORD: A local Bowraville man was charged over the murders of Clinton and Evelyn, but he was separately tried and acquitted in both cases. No charge has yet been laid for Colleen's death. Over the years the families of the three victims have continued their efforts to have the same man retried for the deaths, believing that the circumstances surrounding all three deaths should be put before the court at the same time. And with the 2006 legislation now allowing the NSW courts to override changes to the double jeopardy principle, which says an acquitted person cannot be tried twice, they hold hopes that the NSW Attorney-General will use the new retrial laws to have the cases reopened. Sydney barrister Chris Barry believes it will be rare that a case is able to meet the strict criteria necessary for this to happen.
CHRIS BARRY, BARRISTER: For them to do that that they need to satisfy the court of criminal appeal that there is fresh and compelling evidence against the particular person and the court of criminal appeal needs to be satisfied that it's in the interests of justice that the person be retried. High profile law firm Allens Arthur Robinson has taken up the case on the families' behalf. In a statement to 'Living Black' they said: "This is a case that deserves wider attention and our team working on the matter is very committed to assisting the families in whatever way it can." The matter was submitted to the NSW Attorney-General eight months ago, and the families are still waiting on a decision. In the meantime, they are sustained by the memories of the children they lost.
DIANNE DUROUX: Dancing all the time. He was always doing some Michael Jackson move. Yeah, dressing the kids up when he used to stay with me.
MICHELLE STADHAMS: The first thing you'd see were her curls and her blue eyes and her smile. You know, we couldn't protect her in life but we're going to fight for her and make sure she gets the justice that she deserves. That's the least we could do for her, you know.
KODIE BEDFORD: It is not known how long it will be until the cases' future is determined.
Justice sought in Bowraville murders
A FORMER Bowraville resident may become the first person to be re-charged under changes to double jeopardy law which came into force in 2006.
The matter is currently before the NSW Attorney General John Hatzistergos.
The man has been acquitted twice on murder charges following the deaths of three Bowraville children 20 years ago.
“The matter is currently being reviewed and is not yet resolved; as such, the Attorney General cannot provide any further comment on it,” a spokesman for Mr Hatzistergos said yesterday.
Colleen Walker, 16, Evelyn Greenup, 4, and Clinton Speedy, 16, were murdered in late 1990 and early 1991 at Bowraville.
The remains of Clinton Speedy and Evelyn Greenup were later found near the town.
The clothes last worn by Colleen Walker, weighted down by rocks, were found in the Nambucca River by a fisherman. Her remains have never been found.
Despite the efforts of NSW Police homicide detectives from Strike Force ANCUD, no-one has been convicted of the murders.
The same man was tried for the murder of Clinton Speedy in 1994 and for the murder of Evelyn Greenup in 2006.
He was acquitted on both occasions but the families of the three victims have continued their efforts to have him tried again.
In 2006 they campaigned successfully to have the NSW Government to change the double jeopardy legislation, which prevented anyone from being tried twice for the same crime.
The changes made four years ago mean that the same person could be tried again, if fresh and compelling evidence was found against the person and if in all the circumstances, a re-trial was in the interest of justice.
“We want justice for our kids,” said Evelyn Greenup’s aunt, Michelle Stradhams.
“Evelyn’s life was taken so early.
“Justice would provide healing for the family and community.”
The new legal push by the three Bowraville families is being assisted by The Public Interest Law Clearing House, a senior counsel and international law firm Allens Arthur Robinson, working on a pro bono basis.
“This is a case that deserves wider attention,” said spokesman for Allens Arthur Robinson, Chris Fogerty.
“Our team working on this matter is very committed to assisting the families in whatever way it can.”
Inquiry into the unsolved murders of Colleen Walker, Evelyn Greenup and Clinton Speedy
THE unsolved murders of three Aboriginal children more than 20 years ago will be the subject of a NSW parliamentary law and justice committee inquiry.
DailyTelegraph
THE unsolved murders of three Aboriginal children more than 20 years ago will be the subject of a NSW parliamentary law and justice committee inquiry in Bowraville on the mid north coast.
Colleen Walker, 16, Evelyn Greenup, 4, and Clinton Speedy, 16, all disappeared over several months in the early 1990s.
The bodies of Evelyn and Clinton were discovered in bushland in early 1991; Colleen’s clothes were found weighed down in the Nambucca River, but her body has never been found.
|
The families of the children want to highlight the injustice done to their loved ones.
The committee announced an inquiry late last year to hear from the families of the victims.
Evelyn’s relative Michelle Jarrett hopes to show the injustice done to the three children.
“They have no justice nowhere and it’s still an open wound for our families,’’ she told ABC Radio.
In 1991, Bowraville man Jay Hart was charged with the murders of Evelyn and Clinton, but was acquitted of murdering Clinton in 1994.
Shortly afterwards prosecutors also dropped the charges relating to Evelyn.
After an inquest into her death in 2004, Mr Hart was again charged with Evelyn’s murder and then acquitted. The committee has said that its inquiry is not a murder investigation and will not be reviewing any decisions made by the Attorney General and NSW police.
Leonie Duroux, Clinton’s sister-in-law, said the families had never had an opportunity like this.
“We are going to use it to our full advantage and if something comes of it, we will be extremely happy,’’ she told the ABC.pe
“I just want them to listen and go away from it and think ‘yes something has to be done and we have to make some changes’.’’
The committee will hold public hearing on May 1.
Bowraville murders: Colleen Walker killed by 'any number of strangers', court hears
By police reporter Jessica Kidd ABC
"Any number of strangers" could be responsible for the suspected murder of Aboriginal teenager Colleen Walker at Bowraville in northern NSW in 1990, a court heard today.
Colleen, 16, was one of the three Aboriginal children police say were murdered within a five-month period near the Bowraville Aboriginal mission between 1990 and 1991.
The remains of Clinton Speedy-Duroux, 16, and Evelyn Greenup, 4, were found near the town but Colleen's body has never been located.
The Court of Criminal Appeal has been asked to decide whether the man suspected of murdering all three children should be re-tried.
He was acquitted of Clinton's murder in 1994 and of Evelyn's murder in 2006.
No-one has ever been charged over Colleen's death and lawyers for the Attorney-General say there is fresh and compelling evidence relating to her disappearance which justifies re-trying the man.
But defence barrister Julia Roy argued there are several potential suspects, including "any number of strangers" who were in Bowraville for a major football match the same weekend Colleen disappeared.
Ms Roy also suggested Colleen's boyfriend could be responsible, telling the court his movements were never accounted for over the weekend the teenager went missing and police never sought a statement from him.
Lawyers for the Attorney-General previously told the court Colleen went missing on Thursday September 13, 1990 after a party at The Mission.
Wendy Abraham QC last week told the court it was alleged Colleen had been drinking and "at various times throughout the night she was seen to be talking to [the man at the centre of today's hearing]".
Ms Abraham said there was evidence the man tried to pressure Colleen into having sex with him, and the last known sighting of her was as she walked to the back of the house followed by the man.
But Ms Roy today rejected that theory, saying the evidence of several witnesses was inconsistent and unreliable.
Ms Roy said there was a dispute over whether Colleen was last seen on the Thursday night or the Saturday, and that she was not reported missing until the Monday.
"There was an immediate sharing of information when the community realised Colleen Walker was missing," Ms Roy said.
Ms Roy said she did not take issue with the community sharing information about Colleen's whereabouts but said it was a fact that "contamination [of witness evidence] did occur".
The hearing is expected to continue until at least Wednesday.
Families of murdered Bowraville kids want Coroner to investigate the case
The desperate families of three murdered children want the State Coroner to investigate after the government refused to make law changes that would allow the alleged serial killer to be tried again.
The families of three murdered children want the State Coroner to take up the investigation into an alleged serial killer, saying they believe NSW Police has effectively closed the case.
The families are furious they were summoned to a meeting in Coffs Harbour with less than 48 hours’ notice, only to be told by Attorney-General Mark Speakman the government would not support law reform that could have seen the murders brought to trial.
Homicide Squad Commander Danny Doherty told the meeting he could not offer “false hope” to the families, but would send the case to the unsolved homicide unit for review, while also offering a $1 million reward for new information.
Police Commissioner Mick Fuller was initially scheduled to attend the meeting, in Coffs Harbour, but pulled out at the last minute.
Family members reacted with shock and anger when Mr Speakman said: “This is another kick in the guts, I understand how devastating this would be for you.
“I cannot support these (legislative) changes, knowing that it will fail.”
Family member Gavin Stanbrook, speaking on behalf of all the grieving relatives, said: “Colleen, Evelyn and Clinton were taken from us 30 years ago. Witnesses have passed, elders who longed for justice are no longer with us — what will it take for the government to give us answers?”
Greens MP David Shoebridge, who has supported the families’ effort for justice, said of the $1 million reward: “The government knows it will never be claimed, it is a PR stunt and wrongly assumes the families are fools.
“Without changing the law on double jeopardy there is no possibility of another criminal trial, so even if more information came to hand, it would never trigger the reward.”
Paula Craig, whose 16-year-old sister’s clothes were found weighted down with rocks in a river, said: “Colleen’s body has never been found. We still don’t know what happened to her.
“We were hoping a trial would provide answers, but that is not going to happen.
“We can’t give up. We want the coroner to find out what happened to our kids. We deserve answers, we don’t want to pass our pain on to our children.”
While a criminal trial is to determine an individual’s guilt or innocence in an adversarial matter, a coronial inquest is an inquisitorial process to determine how, when and where a death occurred.
The rules of evidence are different, and this opens the doors to the possibilities of obtaining information the families so desperately seek.
The most recent example of an inquest providing answers where the criminal courts had failed was the matter of Matthew Leveson.
An inquest was conducted into Matthew’s disappearance after the Supreme Court acquitted a person charged with Matthew’s murder. The process of a coronial inquest resulted in Matthew’s body being recovered after 10 years.
Distinguished Professor Larissa Behrendt, from the Jumbunna Institute for Indigenous Education and Research at UTS, which designed a legislative model that could have seen the three murders brought to trial, said the government was wrong to fear that amending double jeopardy legislation would “open the floodgates” to retrials of old crimes.
“It was disappointing to hear that the government won’t be supporting the Jumbunna model,” Prof Behrendt said.
“We felt we had provided the parliament both with a workable model that balances the interests of the accused with the rights of these families to justice, and with a strong argument why these changes won’t result in a flood of new matters.”
Colleen Walker, 16, Evelyn Greenup, 4, and Clinton Speedy-Duroux, 16, were murdered over a five-month period in Bowraville 30 years ago.
The evidence suggests one person was responsible for the murders but no one has been convicted, leaving a potential serial killer on the streets.
BY MILES PROUST
30 years after the murders of three Indigenous children in Bowraville NSW, a new documentary will shed light on police misconduct, racism and the families’ continued fight for justice.
Directed by Allan Clarke, a Muruwari journalist and filmmaker, The Bowraville Murders tells the stories of Colleen Walker, 16, Evelyn Greenup, 4, and Clinton Speedy-Duroux, 16, who all went missing over a five-month period in 1990-1991.
Commissioned by SBS and set for release next year, the documentary aims to spark conversation about the treatment of Indigenous Australians by the justice system after a flawed police investigation into the disappearance of the children.
“The biggest motivator for us, is for this to lead to substantial change within the judicial system and its treatment of Aboriginal victims of crime,” Mr Clarke said.
The documentary has so far followed the case through the legal system, with filming set to return to Bowraville in September to speak to the victims’ families.
“We hope that these families are able to get a platform to freely tell their story and [it] leads to some kind of evolution in their journey for justice,” Mr Clarke said.
“It’s a very confronting film but it’s a conversation we need to have.”
During the initial investigation, family members said police claimed Clinton had ‘gone walkabout’ and it was not until early 1991 that Clinton and Evelyn’s remains were discovered in bushland outside Bowraville.
The time delay weakened the case against the prime suspect, a 25-year-old white man. He was charged for Clinton’s murder in 1994 but was acquitted.
12 years later, the same man was charged for Evelyn’s murder, but was once again cleared of the charges.
Mr Clarke said the case is a reminder of the different treatment experienced by Indigenous and non-Indigenous victims of crime.
“I realised just how epic their [family] battle for justice has been, the emotional toll, the psychological toll to try to get some sort of justice for their children,” Mr Clarke said.
“It’s such an important story for the rest of the country to hear about how Aboriginal lives don’t really matter within our institutions of power.”
In 2014, Clinton’s sister-in-law Delphine Charles addressed a standing committee on the murders and subsequent inadequate police response.
“They didn’t care because he was black. We see other kids go missing and their disappearances are taken seriously,” she told the Standing Committee on Law and Justice.
A reward for the Bowraville case was not posted until 1995 when NSW police offered $50,000 for information about Colleen’s murder.
Selected for commission by SBS in partnership with Documentary Australia Foundation, The Bowraville Murders was partly crowdfunded through a campaign that raised more than $113,000 – exceeding its initial goal by $10,000.
Mr Clarke said the extra money will be used to bring the families to the Sydney premiere in 2021.
“The best thing to do is to invest, whether that’s financially, or lending their support to local Aboriginal organisations that are driving change,” Mr Clarke said.
“There’s a wealth of Aboriginal journalists, filmmakers and authors who’ve created incredibly important work.”
BOWRAVILLE MURDERS: Reward raised to $1m in bid for justice
The reward for information over the murders of three children from Bowraville in the ‘90s has been increased from $250,000 to $1 million.
Commissioner Fuller said the announcement of the increased reward is the next step in support of the families' ongoing fight for justice.
"The increased reward forms part of our commitment to providing justice - firstly to the victims and their families - but also to the entire Bowraville community," Commissioner Fuller said.
"I'm in awe of their strength and resilience, but I'm conscious that the sins of the past have required such resolve."
The Commissioner added that with up to $1 million up for grabs for information, he hoped this may finally lead police to an arrest and a conviction through the courts.
"Rewards can be that final motivation needed for someone to speak with police.
"These murders have never left the hearts and minds of the Bowraville community, and captured the attention of people around the world, but to progress, we need people to come forward.
"I believe this reward gives us an opportunity to appeal to those who know what happened to Evelyn, Clinton and Colleen, but may have been reluctant to talk to detectives in the past.
"This is one of our most challenging investigations - but we don't back down from a challenge - we will continue to stand alongside the children's families and the Bowraville community in the pursuit of justice."