This Friday will be the last roll of the legal dice for the families of the three children murdered in Bowraville in the early 1990s, who have been fighting for justice ever since ...
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Following the Court of Criminal Appeal ruling last September that a man could not be retried for the murders of two of the children or tried over the murder of a third, the NSW Attorney-General said he believed a High Court appeal had a chance of success.
That appeal by NSW Government was duly lodged with the High Court and on Friday two judges will hear the special leave application to decide whether or not the matter can proceed to a full hearing before the High Court.
That matter is due to be heard in Sydney at 9.30am.
Family member Michelle Jarrett said she was feeling very stressed and anxious.
"After last time I am not feeling very confident at all," Michelle said.
"If its not a success that is the end of the legal road. We would then try again to petition the politicians to change the double jeopardy laws."
I would say there is hope but it is very measured.
- David Shoebridge, Greens MP
Greens MP David Shoebridge, who has remained in close contact with the families since the parliamentary inquiry in 2013, said Friday's application was high stakes and in many ways he was more nervous about that than Saturday's election.
"The proceedings are usually only about 15-20 minutes ... in that time both sides have to argue their case. It is a very high level exchange with the judges granting or refusing the application immediately thereafter," Mr Shoebridge said.
"If it is granted, there will be more delays but a hearing could happen by June this year.
"If not, I have already drafted a bill asking the majority of MPs to fix the double jeopardy laws and I would put that to the parliament within the first 100 days. It would offer a narrow but fresh gateway for the families."
He said given the many unsuccessful legal obstacles already faced by the families, no-one had any false expectations.
"I would say there is hope but it is very measured."
A NSW Justice spokesperson said the Department's Victims Services was providing travel assistance to the victims' immediate family members (parents and siblings), as well as a family representative and a support person such as a spouse or carer for elderly parents.
An audio visual link of the proceedings will also be provided at Coffs Harbour Courthouse for family members and interested community members who are unable to travel.
The matter has been the subject of two police investigations, multiple trials, a coronial inquest and a parliamentary inquiry.
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