With NSW Upper House Inquiry into proposed changes to double jeopardy laws now closed and the committee working on its final report, the Guardian News spoke to committee member and Greens MP David Shoebridge, who introduced the Bill to amend the laws in May.
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Mr Shoebridge said the inquiry received more than 30 submissions from peak legal bodies, members of the community and the families of the three children, Colleen Walker-Craig, Clinton Speedy-Duroux and Evelyn Greenup, who were murdered in Bowraville over a five month period in 1990 and 1991.
He said overwhelming resistance to the change from legal groups at the hearing on July 24 came as no surprise.
"Those groups opposed the original bill but I welcome and value their input," Mr Shoebridge said.
During the hearing the Acting Director of Public Prosecutions, Peter McGrath SC, said the bill was not in the interest of the community and would adversely affect the criminal justice system.
"It's bad policy and bad law making," Mr McGrath said.
"No matter how disturbing the facts of, and the results of, and the effects of the Bowraville investigation and prosecutions and trials, it's just bad law making to attempt to affect a change in the law for the purpose of ultimately changing the result of one case."
The NSW Bar Association, The Law Society, Legal Aid NSW and the Public Defenders Office also made submissions to the inquiry opposing the Bill.
Among the concerns raised was that a law change would create a "two-tiered appeal system", where a person convicted on evidence admissible at their trial, or after evidence was rejected at their trial, would not get to appeal, but a person acquitted would remain at risk of an appeal for the rest of their life.
Mr Shoebridge said the question however was not one that should be monopolised by the legal fraternity.
"Two thirds of the submissions were supportive ... to retain the confidence of the community in the legal system, there needs to be some means to remedy a miscarriage of justice.
"This amendment is still more rigorous than that of the United Kingdom, where the double jeopardy laws were abolished for serious crimes in 2003. In the last 10 years there have only been 17 cases with 11 retrials ordered.
"Not one of the lawyers who spoke at the the hearing could point to an instance where a retrial raised concerns about civil liberties.
"The UK has a lower threshold and a bigger population so I don't think we are talking floodgates here but we do need to make sure we get the test right."
He said there was more than one possible outcome and the committee was now grappling with those possibilities.
The recommendations are due to be released at the end of this month. They will then be debated by the NSW Parliament and considered by the Attorney General.