RETRIAL: Colleen Walker, 16, Evelyn Greenup, 4, and Clinton Speedy-Duroux, 16 all disappeared within a period of five months in the early 90's.
RETRIAL: Colleen Walker, 16, Evelyn Greenup, 4, and Clinton Speedy-Duroux, 16 all disappeared within a period of five months in the early 90's. contributed

No retrial granted in Bowraville murders

THE NSW government has lost its bid to have a man go 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 of murdering two of the children - Evelyn Greenup, 4, and Clinton Speedy-Duroux, 16 - in late 1990 and early 1991.

 

Protestors demand justice for the families of the three children murdered at Bowraville on the NSW mid-north coast more than 20 years ago.
Protestors demand justice for the families of the three children murdered at Bowraville on the NSW mid-north coast more than 20 years ago. Trevor Veale

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.

 

FIGHTING FOR JUSTICE: Michelle Jarrett with a photo of her niece Evelyn Greenup, one of the three Aboriginal children murdered in Bowraville 26 years ago.
FIGHTING FOR JUSTICE: Michelle Jarrett with a photo of her niece Evelyn Greenup, one of the three Aboriginal children murdered in Bowraville 26 years ago. Frank Redward

But this morning the NSW Court of Criminal Appeal found that this evidence was available at one of the trials and that he could not be retried in the other case as it was not open to the government to change its original application.