If you care about justice, integrity and honesty, and like to be sure of your facts beware of quoting this article in the HERALD SUN by Andrew Rule which can serve to infect further reports.
Having worked on the Sue Neill-Fraser case for 4 years and producing the documentary SHADOW OF DOUBT I can say without doubt the article is filled with errors and misleading accusations and rumours, along with significant omissions that Andrew Rule should have reported.
Andrew Rule’s “investigation” and report does not present as an honest and fair investigation in light of the material available through both basic research and interview. The article appears to breach a number of the Australian Press Council’s Standards of Practice. The 1977 Advisory Guideline on Bias may have also been breached. Relevant facts should not be misrepresented or suppressed, headlines and captions should fairly reflect the tenor of an article – this did not happen.
Andrew Rule spent hours talking to supporters of Sue’s, her lawyers and national experts on Miscarriage of Justice and civil liberty matters. He spoke to me briefly. Yet Andrew Rule chose not to utilise any of their information and referred to these highly educated professionals insultingly as a “conga line of supporters”.
The article promised details of “what really happened to Bob Chappell” – no one is the wiser as to what happened. We do NOT KNOW. We do not know definitively that Bob is dead.
We do know these facts from court transcripts and reviews of the case:
1. There were four recorded sightings of a grey dinghy tied up to Four Winds on the afternoon of Australia Day, very different to the Four Winds, which is a white dinghy with blue markings. This dinghy was a vital clue to someone else being at the crime scene between 4 and 5.30pm on Australia Day – not Sue Neill-Fraser. In fact the police were asked to go and re-interview Paul Conde, one of the witnesses because the grey dinghy had not been properly investigated. He said it was charcoal grey, with a dark lee cloth, wide, commercial looking, scuffed, not new, and definitely NOT the Quicksilver dinghy belonging to the Four Winds. There was no mention of this by Andrew Rule despite being informed by many.
2. A certain homeless girl’s DNA was found on the deck of the yacht, which could not be adequately explained, in fact it was only matched months after Sue was arrested because she, the homeless girl, committed a crime. She lied about her whereabouts at the time, claimed she had never been anywhere near the newly arrived yacht which was moored 450 meres off Sandy Bay. The need to recall this witness formed the basis of the application for special leave to appeal to the High Court of Australia. Andrew Rule wrote:“The jury returned a guilty verdict. The fact that it took 18 hours suggests the defence stirred up enough doubt to fuel a campaign.” What fuelled the campaign were the many unanswered questions such as how the large volume DNA sample belonging to the homeless girl, which was also not even mentioned in the article, came to be found on the deck of the yacht.
3. The finding of Tim Chappell’s DNA on an inverted latex glove in the galley of the boat, seemingly before he came on board the yacht at Constitution Dock, yet the DPP accused Sue of cleaning up after the crime with the latex gloves. There was no mention of this ‘mistake’ (described at the Court of Criminal Appeal as an inappropriate comment) by the DPP Tim Ellis SC.
4. The prophetic and amazingly co-incidental late night phone calls from Richard King to both Sue Neill-Fraser and Tim Chappell warning that Clare, Bob’s estranged daughter, had foreseen that her father was going to come to harm on the yacht. Not a mention.
5. The range of mistakes and failings in the police investigation, substantiated in detail, that have been exposed on public blogs and in the Tasmanian Times in recent months and which are available through a simple Google search. Refer to these articles:
- http://tasmaniantimes.com/index.php?/weblog/article/intelligence-led-policing-not-in-tasmania.-the-sue-neill-fraser-case/
- http://www.betterconsult.com.au/blog/failure-to-follow-up-leads-in-the-sue-neill-fraser-case/
6. The apparent deal that was done by police with key witness Phillip Triffett about his pending charges that had not been disclosed prior to trial and the 19 month adjournment of his charges. No mention.
7. The mysterious wrench, alleged to be a possible murder weapon, which was not even an exhibit at the trial. There is no body with wrench marks to substantiate this suggestion. No reporting of that.
8. There were other persons of interest including the homeless people on the Marieville Esplanade foreshore, as covered by Tasmanian media early last year. No mention.
9. The previous documented unlawful entry onto the Four Winds yacht, as evidenced in Sue’s diary. No mention.
10. The nosebleeds experienced by Bob Chappell and their likely contribution to the presence of blood and blood stains in the cabin of the yacht. Omitted.
11. The vague evidence given by the witness Hughes about what he is said to have seen between 11.30 pm and midnight on Australia Day and the possible alibi from the people swimming off the Derwent Lane Jetty at the same time, not too far from Four Winds – a fact known to police who appear to have been the primary contributors to the article. Overlooked.
12. The difficulty that someone of Sue’s age, health and general condition would have had in winching the body out of the yacht and observations made by at least one crew member about Sue’s lack of strength, especially her inability to use the winches. Not covered.
13. The totally unacceptable and inadequate police experiment or attempted re-construction of the winching of the body from within the yacht, up onto the deck, across the deck, and into a bobbing dinghy, at night. No coverage.
14. Bob Chappell and Sue Neill-Fraser were not married – the article said ‘wife’.
15. There was no evidence or suggestion Susan had a ‘rage’ problem – in fact there is evidence against that. In fact, the Trial Judge, Blow J, stated “She seems to me to be clever, very cool-headed and able to control her emotions”. The family maintains she was a caring and gentle person who rarely if ever got angry. Yet the article incorrectly referred to “… the rage”.
16. Bob was still working full-time and walking to work each day. While he was sometimes unsteady on his feet, he was hardly ‘little and frail’. There is no evidence that he would be “not that hard to kill”. Yet we incorrectly see in the article: “It’s not that hard to kill a little, frail man”.
17. Anyone with basic boating experience would know about seacocks, and the location of a water carrying pipe near a toilet is really a matter of common sense. In addition, Bob Chappell was tracing the wiring, the covering hatch on the floor was probably up, and the seacock would therefore have been both accessible and visible. Yet the article wrongly stated: “It takes inside knowledge to know where “sea cocks” are – and to cut the toilet outlet pipe to leak water into the hull”.
18. When giving evidence in court, Mr Barrett, the sinkage rate expert, acknowledged that the timeframe could possibly be 7 to 14 hours (CT p.625). Yet Andrew Rule wrongly stated: “It takes time to sink a 16 m craft. Up to 12 hours, according to the naval expert Tasmanian police asked to inspect the ketch Four Winds …”.
19. Sue was clearly very fond of the new yacht – so why sink it, especially as one of the supposed motives for the killing was to gain full control of the yacht? So this is a strange conclusion. “Sinking it must have seemed a quick way to trash a murder scene“. In fact Sue knew a much more effective and faster way to sink the yacht would be to open the fire inlet valve. Yet Rule wrote: “But who knew a yacht would take so long to sink?”
20. The Police Investigation Log states that the relevant forensic scientist advised that some of the blood could have been from a cough or sneeze. The same scientist advised at the preliminary hearing that she could not confirm that spatter was present and went to great lengths to avoid the use of the term ‘spatter’ in her evidence at trial. This statement by Rule is simply inaccurate:“Blood spattered in the cabin, implying a blunt weapon attack”. There is no mention in the article that the source of such blood may well have been the well documented nosebleeds on board the boat, for which Bob Chappell was hospitalised in Queensland.
21. Two credible witnesses stated that the fire extinguisher did not appear to be present when they were on the boat (one on the day before, the other, only days before). So it may not have gone missing the night Bob disappeared at all. The only reason the Police think that it had was because Sue pointed out to detectives it seemed to be missing. Why would she do that if she had used it? Rule wrote: “A fire extinguisher was missing” … “the fire extinguisher would be an obvious choice to weigh down a body“. The missing extinguisher was only 9-14kg and would weigh less in water, against Bob’s 60-65kg. It has not been tested whether it could actually assist in sinking a body, either initially, or maintaining it underwater as body gases developed.
22. No red/brown staining was found during microscopic inspection of the dinghy suggesting a false positive luminol test (CT pp.657-658). There was no evidence of blood found in the dinghy. It was also acknowledged that a false positive luminol test can occur with a number of substances including some cleaning products, yet Rule asserted: “When the yacht’s dinghy was found, forensic tests showed blood in it”. This is incorrect.
23. Bob was paranoid about the boat being involved in drugs. Sue’s trial was to end with a curious twist, given the issue of possible drug smuggling involving the Four Winds. On 14 October 2010, the day before the jury was to hand down its verdict, there was a media release by the AFP on a major drug bust (worth $160 million) involving the very same marina, Scarborough, at which Four Winds had been purchased (AFP Media Release: Drug syndicate smashed, 464kg of cocaine seized). Yet Rule wrote: “Seemed unlikely to be involved in anything criminal“. The boat had only just arrived from Queensland one month before Bob went missing. Refer to this blog:
24. Bob and Sue had lived together for over 18 years and Bob was a father-figure to both Sue’s daughters, Sarah and Emma. More importantly, Sue was not the last person to have been reported as seeing Bob alive, according to the evidence given at court. Mr Lorraine reportedly saw someone fitting Bob’s description on the Four Winds, it would seem, at 5 pm on Australia Day. Yet Rule wrote: “She was not only his bed partner, but last to see him alive” .
25. Sue was grieving and in shock, with a blurred memory and medicated with diazepam (valium) the morning Bob went missing. But this was never acknowledged by police or prosecutors. Yet Andrew Rule gratuitously wrote: “Sue Neill-Fraser was a textbook suspect – with pearls and hyphen”. Where is the justification for such a statement?
26. The yacht was purchased by Sue and Bob – equally contributing to the cost. 50:50! It was to be their ‘floating shack’ to spend Bob’s retirement with extended family, and that is why they selected a large one. Sue got around in cargo pants and op shop clothing, spent most of her life working outdoors on her farm or renovating rental houses as her source of income, and spent many days shopping at Bunnings and other hardware stores. Yet Rule wrote: “SUSAN Blyth Neill-Fraser gave the impression she had the money to match her social position“…. “An impression strong enough for some to assert she would not have a financial motive“. She did, in fact, have financial independence, owning her own property and earning rental income. And if she was after Bob’s money, why wouldn’t she have just left him and got a settlement?
27. Neither Sue nor family recall Sue having had a band aid or wrist strapping at the time, but she may have. Sue had a long standing wrist injury (a floating bone) which sometimes required strapping. This is documented in her medical files. There are also historical family photos which show strapping from time to time. Police evidence regarding the band-aid was contradictory. And if the officer did not think about this until later, when he saw the photo taken by Ann Sanchez, as stated in the article, why did he allegedly get Sue to take off the band aid in his presence on Day 1 of the investigation? Sergeant Conroy in his statement dated 13 November 2009 stated that he did not seize the memory card from Ann Sanchez’s digital camera until around 3 pm on 28 January 2009. Hence, the Constable could not have seen the photo until some time after pm on 28 January 2009, which is well after he is said to have viewed the cut under the band-aid. Yet Rule simply wrote: “The day after Chappell vanished [a policeman] saw she had her wrist strapped and a Band-Aid on her thumb”.
28. Sarah did NOT identify a red jacket as her mother’s – she said she didn’t know, particularly as she had not that long returned from living interstate. At the time, when Sue was in shock and medicated, she apparently didn’t recognise it but has conceded it may have been one of the many old jackets they kept for guests on the farm and yacht over the years. It was not the jacket (a navy blue one) that Sue herself regularly wore. On the day, the jacket was not a big issue and Sue was not even questioned about it during her 4 March 2009 Record of Interview. Yet Rule wrote: “daughters identified it [the red jacket)] as their mother’s – but she denied it”. Read more about what did not come out about the jacket:
29. There was no evidence provided at trial of Sue searching the Internet in the first days wanting to find out how long before a missing person could be declared dead. Other evidence about internet searches was presented (eg. Galapagos Islands). Any of a number of members of the extended family had access to the relevant PC. In particular, Sue’s daughters Sarah and Emma and sons-in-law frequently used the computer. The forensic computer analysis report by 1/C Constable Whittle found that there were four user accounts on the computer: Sue, Bob, Guest and Guest 2. It also found that all accounts had had their passwords changed on 18 January 2009. The access to the website referred to above occurred at 4.10 pm on 28 January 2009 and it occurred from a guest account, and not from Sue’s account. More importantly, another access on the same guest account at 4.11 pm, one minute later, was on “Helping your Child Deal with Death”. One of the daughters did a search to find out how to tell a child (Sue’s grandchild) that someone was missing or dead. The site accessed was UK and was not anything about how to declare someone dead. So this statement by Rule (and Inspector Peter Powell on 60 Minutes in March 2013) was totally inaccurate: “She also searched the internet in the first days, wanting to know how long before a missing person could be declared dead.” Rule even went on to assert: Some thought this a little calculating for a distraught woman hoping her man might turn up. It suggested she was keener on money – and more sure of his death – than she let on.”
Reading on this excellent blog by Barbara Etter APM: “Not only was the access to the “offending” website only for one minute, the site does not deal at all with the issue of how someone could have had Bob Chappell declared dead in the circumstances in which he disappeared. The page also clearly states that the website applies to England and Wales only. The company does state that they are a private company that specialises in dealing with the legal and financial procedures that are required after someone dies (a requirement in all deaths!). It does not deal with how you could have someone declared dead when there is no body or clear evidence of death.”
30. Mr Kimber, lawyer, prepared a will for Bob in 2002 which was superseded in October 2004, 5 years prior to Bob’s disappearance (See CT p.611). It stated that if Sue survived him that she would inherit his material possessions like the house and car, and the balance of the estate was to go to meet all expenses and debt and be divided 50% to Sue, forty per cent to his three children and ten percent to his sister. This was not a major issue at the trial and was altered five years before. Yet Rule wrote: “The police soon found out what Sue already knew: that Chappell’s will had been changed in her favour. She lied to police about that too.”
31. The yacht became contaminated by the large number of people who went on board to rescue the yacht from sinking when it was first found.
The police had a forensic team on board and later that day when they had ‘finished’, the police invited the family on board. Sue and her daughters Sarah and Emma and Bob’s son Tim were all apparently there, they were all touching things, and were never told not to touch things. Yet Rule reported: “When detectives took her onto the yacht, they told her not to touch the winch handle and other surfaces. She promptly disobeyed, effectively sabotaging forensic tests”. If she disobeyed why wouldn’t they just take her off the yacht or restrain her if she was so obstructive? It doesn’t make any sense that she would need to “sabotage” forensic tests – it was her boat so you would expect her DNA and fingerprints all over it.
32. Police picked up on a statement from Sue that she believed that someone had winched something from the cabin. They did not “deduce” a lone killer would have hauled the body. This statement by Rule is not true: “Police deduced that if Chappell had died in the cabin, a lone killer would have used the winch to haul the body up the companionway to drop in the dinghy and dispose of it.” Police “deduced”, using a strong policeman and a live human weight, that a lone person COULD have lifted a weight off the ground. But, they did not test a dead weight, using a female, middle-aged wincher. They did not perform the test all the way up the companionway, or into the dinghy, or the disposing of it (including the risk of capsizing upon tipping a body out of the dinghy). This test did also not involve rope configurations to match the burn marks on the timber that had been noted. The police “test” was so poor the police had the rope wound the wrong way around the winch in police photos!!
33. After providing information concerning Bunnings, Sue accepted that maybe she wasn’t there on that particular day, as she had been trying her best to piece together memories. Receipts show she was a very frequent visitor to Bunnings and K&D Hardware, purchasing things for the boat and her farm house that she was renovating, so it was an easy mistake. Rule wrote: “She was definite about the Bunnings “alibi” then but later retreated from it”. The possibility of her going to Bunnings that afternoon is also consistent with the phone call to Sarah at 1.16 pm where she told her that that was her intention and her 11 second phone call from the home phone at 1.04 pm to the Bunnings store (a fact which was not disclosed or highlighted at trial). The Bunnings security footage is quite grainy, and the family maintains it is still possible Sue went to Bunnings and has simply has not been identified on the footage. Bunnings may have supplied the wrong day’s footage…there is no proper provenance associated with the Bunnings footage.
34. The police said that a car resembling Sue’s was seen on ATM camera footage travelling along Sandy Bay Road, towards West Hobart and the family home, at 12.25 am on 27 January 2009. Rule wrote: “It meant she had been out until 3 am – and lied about it”. This is based on flawed logic and inconsistent with the ATM footage. The police have never asserted this was Sue’s vehicle. They used the video in the same “pea and thimble” manner they used the red jacket, showing it to the daughters first to try to gain an uneducated guess as a reaction.
35. The Australian Institute of Criminology’s latest report on Homicide in Australia (2010) states that in 2007-2008, where a motive was known, unspecified domestic arguments were the most commonly recorded motive in the National Homicide Monitoring Program. Alcohol-related arguments were next (11%) and other unspecified arguments (12%) were the next most frequently recorded motives, followed by revenge (8%), arguments over money (5%) and relationship termination or desertion (4%). “Sex” doesn’t actually feature as a motive! Money is very low down on the list. Such statements are clearly not evidence-based and are inaccurate. Yet Rule writes as if with authority: “Apart from revenge, the classic murder motives are sex and money. Sometimes both”.
35. One amicable divorce followed by an 18 year relationship is hardly “unlucky in love.” Yet Andrew Rule chose to write: “Neill-Fraser had been unlucky in love.” She also spent a large part of her life caring for her mother and daughters.
36. Bob was a radiation physicist, not a radiologist, which is defined as “a medical specialist who uses radioactive substances and X-rays in the treatment of disease. Yet Rule wrote: “long-time radiologist at Hobart’s Holman cancer clinic”.
37. Sue ran a successful horse riding school business for many years, raised two girls she put through private school, involved herself in property development, and paid off her own farm, on which she did extensive improvements. Yet Rule wrote a demeaning description: “Her main accomplishments had been taking equestrian courses.”
38. Circumstantial evidence of one form or another arises in most criminal matters. Rule wrote: “Tasmania had never used circumstantial evidence to convict a murderer. That was no comfort to the prime suspect”.
39. The investigation became focused on Sue Neill-Fraser within days of Bob’s disappearance on 27 January 2009. For example, a warrant for listening devices was issued on the 18th February and they were installed on 3 March 2009, warrants for financial records were taken out very early in the investigation and persons who should have been persons of interest or possible suspects were not even interviewed. In addition, the officer leading the actual investigation, Detective Sergeant Conroy, stated in his statement of 13 November 2009, after supposedly being advised of a cut on Sue Neill-Fraser’s finger via a mobile phone call at 9.30 pm on 27 January 2009, that: “At the conclusion of my duties on this day I had grave concerns for the life of Robert Chappell”. So why would Rule report: “The head of the investigation, Inspector Peter Powell, says the case was like any other missing persons inquiry for six weeks”? This statement is misleading.
40. The ATM footage of a bit of a car seen travelling North on Sandy Bay Rd at 12.25am was never proven to have been identical to her car. There was no number plate. See CT p.1015 about police acknowledgement of a failure to follow up on this issue. Yet Rule reports: “One reason she had to change her story was the police had security film of a car identical to hers passing a local bank after midnight”.
41. The incident happened on 26 January 2009 and she was arrested on 20 August 2009, some seven months later. Rule reported: “It would be six months before she was arrested”. This is inaccurate.
42. The trial began in September 2010. Rule reported: “A three-week trial began in October 2010”. This is incorrect.
43. There is no mention of Mr Triffett’s being re-called after a failure on the part of the prosecution to disclose, until mid-trial, that there had been an approach by Triffett to police to help him with his pending criminal charges. There is also no mention that Triffett was aware of a letter implicating him in any harm that may be done to Sue or Bob, which was disclosed in Triffett’s own statement to police. This description of Mr Triffett as ‘a “colourful” identity’ is misleading.
44. The “Integrity Commission” is NOT the “Corruption Integrity Commission” .This is not the correct title of the relevant organisation. Such basic errors indicate that facts for the article were not checked.
45. Barbara Etter APM has been pursuing a coronial inquest since 7 January 2013. Yet Andrew Rule wrote:“Two lawyers … Greg Barns and Madeleine Ogilvie – lead the push for an inquest” Neither of these lawyers was involved in this exercise.
46. All prisoners at the women’s prison wear exactly the same uniform. Whilst it is recognised that this is a quote from an unnamed source, the statement should have been recognised as being inaccurate and therefore not utilised. “Meanwhile, the best-dressed woman in Risdon Prison is keeping up standards. “She looks as if she’s going to the golf club …”. The treatment of class in this article seems unreasonable in the circumstances and seems to be being used as a tool to alienate Ms Neill-Fraser from the broader community.
47. The information of how many carpet squares were missing is scant and not properly recorded. Detective Senior Constable Sice in his statement dated 23 November 2009 states (at p.3):
A number of loose carpet squares located in the saloon were placed back in place on the floor. Many of the squares were cut to specific shapes and their original location could be determined. After doing this it was apparent there were a number of squares missing from the area in front of the engine room hatch.
All the statements were very brief and lacking in detail as to the number of carpet squares missing (although there appear to have been a mixture of sizes/shapes). Nor did the statements outline the extent of the area left bare (although the photographic evidence is available). Of particular interest is the statement of Sice in which he indicates that loose carpet squares were only sourced from the saloon. No stocktake seems to have been undertaken to ascertain the total number of carpet squares present in all areas of the yacht. How bizarre that Andrew Rule would have a precise number of titles when there is no record of this even in the court transcript: “And the fact 5 carpet tiles and the fire extinguisher were missing…”
There appears to be carpet squares scattered around the interior of the yacht. Most importantly, there was no forensic evidence that such squares were “bloodied”, as suggested by the DPP (CT p.1351). Nor was there any forensic evidence to suggest that the flooring beneath the missing carpet squares and near observed bloodstain patterns was bloodied in any way. If in fact there were carpet squares missing, the issue was whether the absence of the squares could properly be attributed to Sue Neill-Fraser. Rule with little knowledge wrongly reported: “The police suspected the carpet tiles had been ditched because they were bloodstained”.
48. The professionals involved in analysing this case are not part of “a conga line of supporters”. This is a gratuitous and unnecessary comment and does not reflect the professionalism of many of those involved in a search for the truth and justice in this matter.
Andrew Rule’s article breaks the rules of fairness, balance and integrity, with its major omissions and numerous factual inaccuracies; it grossly distorts the true circumstances of the Sue Neill-Fraser case and appears to advocate the cause of the police and prosecution.
I hope readers will choose to view my documentary SHADOW OF DOUBT with an open mind and focus on facts not fabrications. I spent 4 years making this film, and doing a lot of research and fact checking. You be the judge!
I will do the conga with a line of supporters when the real facts about this case are openly reviewed at a full judicial enquiry and Sue walks out from behind the prison walls.
EVE ASH
Producer SHADOW OF DOUBT
Having watched the show “Shadow of Doubt” an reading your comments, I can’t help but feel there has been a complete and utterly obvious miscarriage of justice. The whole trial was laughable to any rational thinking person. Obviously, the jury were obviously kept in the dark about a great number of things. I wish Sue well an look forward to the day she is vindicated.
Where is her alibi.? .where was she on the day in question?
I am of the opinion that this cas should be squashed and her to be satf ree and hope that she sues the Hobart police for everything they have done to her. A Royal commission should be made and the police be made accountable for there incompetence in this case.
I as a lay person could see that there is no way sue cold of pulled this wonderful up from the lower deck of the boat. How could the police ignore the DNA that was left by Megan??? Talk about a miscarriage of justice if ever there was one.
Lets all get a petition going to set her free.
I find the liany statements not based on facts is quite disgusting.No body but yes of course the partner is guilty .Tasmanian judicial system like the police department needs a total overhaul and intense investigation.Being an isolated Island ..out of touch out of a sense of justice and totally ludicrous to convict on absolute lack of evidence.Where are we …still back in early convict times.Is anyone using some intellifence ??
How can someone possibly be jailed for a death of a person if there is no body ? If this is ok and the case , then why wasn’t the homeless girl jailed ? Or the son ?
It’s not fair !!
Good luck sue !!
I’m still uncertain about all this. This is an extract below from Andrew Rule’s article.
“On March 4, 2009, Neill-Fraser still insisted she had not left the house on the night. But five days later, she told her sister-in-law by telephone that she had lied. Police were recording the conversation.
Days later, she admitted to a reporter she had gone to the waterfront that night. One reason she had to change her story was the police had security film of a car identical to hers passing a local bank after midnight, when she had claimed she was in bed.”
Is it true that she admitted to her sister and to a reporter that she had lied.
What do you expect from Andrew Rule?
Andrew Rule is,one of Australias best recognised experts on criminal behaviour ….the trite innaccuracies alleged by the writer are trivial …12 good men and women and Tasmanias most capable judge ,,who heard all the evidence were ALL satisfied ,BEYOND REASONABLE DOUBT..I WATCHED THE TRIAL …..KNOWN THE DEFENDANT FOR OVER 40 YEARS ……HAD TO ARGUE WITH COURT BAILIFFS TO GET A SEAT CLOSE ENOUGH TO BE ABSOLUTELY POSITIVE OF THE DEFENDANT …THE VERDICT WAS *SAFE*…..
Amen
And you think Mr Rule has a more analytical mind than Robert Richter QC ?
If Sue’s lawyers etc did not have all the proof which Eve Ash has found, they would not have had a case as strong as the prosecutor.
The inconsistency of the police seems very shakey and I know in times of horrific stress, the mind can play nasty tricks.
Hi Eve
There’s a very black and white rule in the justice system. If you want to prove a point don’t exaggerate. The “points” which you have vehemently argued are at best ludicrous. How does the fact that she was to referred to as his “wife” alter or affect her guilt?
In the justice system the prosecution is NOT required to prove to a jury that no one else in the universe could have committed this crime. They are only required you prove that the accused did. That’s a very basic premise which you have clearly overlooked.
Interestingly, this case has taken another turn which is a conveniently omitted update from a great many of the supporter sites!
A defence ‘witness’ has been convicted of perverting the course of justice in this case, and subsequently jailed. His original statement supported the defence and he has now admitted it was a complete fabrication that he created because he felt pressured by certain supporters of Sue and also because he wanted her to get off because he thought she was innocent.
This act of criminality most certainly puts into question the ‘wrongful’ aspect of her conviction, especially when coupled with the recording of the filmmaker author of this website being present in the room while an incriminating statement was created in front of her on behalf of the other alleged (by the defence) key-player- the homeless woman Vass- in order to support the defence case.
Again, this does not create an honest perception- rather one of smoke and mirrors and of a perception of calculated deception with a number of vested interests at play.
Whichever way you want to angle those 2 things, they don’t look good for the defence at all, and have effectively handed the prosecution a higher likelihood of a final win in this case.
100 bullet points could be made pointing out errors in Rules’ article yet these 2 very significant facts as mentioned above are conveniently omitted from updates on many supporters sites. Why?
In the interests of objectivity, if you are to point out flaws or question marks over the prosecution, perhaps discussing the uncomfortable truths surrounding the above questions of the accused would atleast give a slight shred of objectivity, rather than the current status quo of “look over there, they aren’t seeing the truth they have tunnel vision” (and the same could be said of the supporters who run sites like this and refuse to accept there are unanswered questions from Sue).
The lack of transparency and disclosure of such information on many of these sites creates an overt perception of a lack of objectivity on the part of the supporters of these sites- which, simply put, does not appear to further the wrongful conviction cause for Sue.
Once this final hearing takes place I suspect that if new evidence is presented in support of upholding the conviction that it won’t matter how strong that evidence is- even if it was cctv footage of the actual crime itself, supporters would still find 100 reasons why it’s wrong, and cry wrongful conviction & injustice.
Just as those in my family did with my own family member who committed a terrible crime…they refused to believe he could ever be capable of such a thing. And they never will accept that the person they thought they knew, they didn’t know as well as they thought after all.
Ultimately i hope it works out how the supporters in Sue’s case are wanting it to, otherwise the tragedy will be that there’s yet another group of people wandering through life in abject denial over the criminal deeds of someone they love- and refusing to look beyond their own emotional blinkers.
Well said. I am watching the “undercurrent” doco at the moment and they do themselves no favours by omitting facts that play against Sue. It’s frustrating to watch because there’s no balance. I know that’s how you make good television but it’s not how you produce good journalism. Andrew Rule is an excellent journalist and obviously did his due diligence on this one. Would be good to see a panel discussion on this one though. I’m inclined to think that Sue was responsible, but perhaps that the case was not proven beyond reasonable doubt. There looks to have been some sloppy police handling of evidence and witnesses as well.
Hi Richard
I really appreciate you taking the trouble to write.
The problem with Andrew Rule’s first two articles was he didn’t do his due diligence! And he chose not to report on what he found out from those he interviewed.
Here is his latest article after he was confronted by the facts from Colin McLaren, Robert Richter and others. Please read his book Southern Justice, released 2 weeks ago. And let’s continue the conversation.
https://www.heraldsun.com.au/news/andrew-rule-twists-in-the-tale-of-bob-chappell-murder-mystery/news-story/e4b2b0513ae3fb74cdc06d7ae995c682
Check out http://www.savesue.com
We are planning some speaking events and a panel discussion will be one part of it. Hopefully in 2-3 months.
Well said. I tend to agree that in this refutation only minor errors by Rule are identified. This makes me wonder if the substance iof Rule’s comments are in fact accurate. Also, the failure to address the serious issues raised by witnesses recanting or changing their stories while in the presence of obviously biased supporters of Sue is an omission I cannot overlook.
So far there doesn’t seem to be anyone who has satisfactorily demonstrated / explained how this grandmother had single- handedly managed to bring Chappell’s body from below decks and onto a dinghy without tipping it over, and to finally have disposed of his body.
This to me is the “shadow of doubt” everything else is heresay. Every person dragged into this terrible story is irrelevant – but how in Gods name did this slightly built lady pull this off on her own – the police obviously haven’t found another guilty party. Did they reenact their theory with SNF herself on the same boat with something of the same dead weight of RC?
Why is it that the large grey scruffy dinghy with the lee cloth was not found. Because the police had decided Sue did it. Why complicate a good story
Eve are you helping the families of the people caught up in trying to help SNF?
The statement coerced for the homeless girl was disgraceful. You should be ashamed to be involved.
If you had bothered to watch the whole piece about Meghan you would see the girl was not coerced or threatened or bullied and she has no repeated the same version of events to 60 minutes its pretty clear she was telling the truth about being there
Why did the defence choose jury as against judge only? Particularly as there was no body…
Hi Tony
It wasn’t an option in TAS!
Sad!
Yes. For all the “look at these errors” I can’t find solid explanations for many of the obvious questions.
What is Sue’s motive for killing her partner meant to be?? Total vilification of her and ‘cool and clever’. Female and thus must be a murderer…hello.
There appears to be a total injustice and new evidence should be submitted and accepted for a further investigation. It certainly appears the wrong person is in jail. The police are disgraceful in their woeful investigation.
A disgraceful miscarriage of justice, with a veeeeeery narrow focus by the police on just one person, lots of evidence such as drug smuggling not followed up.
What should happen:
Sue should be released IMMEDIATELY. In her jail cell in place of her serving out her sentence should be the incompetent police who put her there, the Tas AG & that idiot Ellis, the DPP head.
And point no. 23 may have a WHOLE lot to do with it.
Sue made her situation worse with her inconsistencies. I get the impression she knows far more about this than she’s willing to say.
Has there been a petition started to reopen this case?
Lynette Daley’s murder in 2011 sparked outrage and tens of thousands of people signed a petition which forced the re investigation into the two suspects, who were then charged!!
Where is one for Sue Neill Fraser??
Thanks Juels, for this valuable comment.
The petition is here: http://www.savesue.com
The link leads to the change.org petition.
Watching undercurrent I noticed that the police interviews with Sue at the end of the desk were by herself. I’m curious to know why a lawyer wasn’t present ? With regard to a previous comment
I do agree that good journalism requires a balance, opposing view and let the viewer make up this mind. I like that you allow Colin to explain some methods of investigation, without that it wouldn’t be as balanced. In fact we could do with the over and over recap of the same thing and more explanation about why the evidence uncovered is important and instead of the same recap a summary of what each episode has uncovered would have been better than the generic recap. Curious to see where it goes and how Tasmanian police handle any new evidence.
To Eve and your supporters working hard to free Mrs Sue Neill-Fraser: I have been watching your documentary. It is the first time I have ever heard of this case. Never heard of any of these people before, including ‘Andrew Rule’. I thought your colleague’s interview made the former cop Peter Powell look completely uninformed and ridiculously out-of-touch. Seems to me that Hobart’s Keystone Cops bungled this investigation, from the start. To fresh eyes like mine, overall, Sue should never have been charged. This appears to be a staggering – even ‘disastrous’ wouldn’t be too far-fetched a descriptor – miscarriage of justice. Sue’s physical description is similar to mine, and I could no more lift a man’s body and dispose of it than jump over the moon. The police appear to have ignored huge mounds of evidence and a number of potential witnesses. Powell’s responses at interview were pathetic. I sincerely hope there is eventually an official inquiry into police management of this matter. Sue Neill-Fraser should be a free woman. Wishing you, Eve, and Sue’s family and supporters, success. The truth will out.
In my opinion, Andrew Rule has a poor track record when it comes to interpreting criminal events . This is just another example of his inability to analyse a crime and then to come to a logical conclusion.
I believe Sue is innocent but I am shocked at how the police have behaved. This should make people very scared that investigation into the disappearance of Bob was not performed properly. I remember reading years ago about this and that Sue had MS which makes you wonder why it wasn’t brought up because confusion and physical weakness is seen well before a diagnosis. I really hope she is released as soon as possible ❤️
Long thought she wasn’t well enough to stand trial. Wish Jacqui Lambie would get on to this too.
This case was not proved beyond reasonable doubt. In fact there appear to have been several reasonable doubts and numerous leads that were not even investigated by police, either then or now. Smells like a ” cover up”. Should bring in the Feds. Also, Will Hodgman has been made to look like a slimy toad, which I find politically quite distressing. Nobody comes out of this Bob Chappell case looking squeaky clean, EXCEPT the team of investigative reporters trying to get to the truth. Attempting to obstruct their efforts is not helping the police, the legal system or law enforcement. It simply makes Tasmanians and Australians in general, look like stupid, narrow minded, brainless bigots. I remember everyone breathing a sigh of relief, when LIndy Chamberlain finally walked free from prison. Justice would be served! We had learnt from our past mistakes. Schmucks!
What’s up with the jurors? How can they botch the case and get away scott free? Did none of them have the fortitude to hold their doubts. The jury system needs a review.
Eve, Keep the pressure up ,you’ll get there.
Trial by media carries far more weight than trial by jury , and right now ,you’ve got most of Australia behind you.
None of us will forget Lindy Chamberlain’s wrongful conviction ,when some donkey forensic pathologist ,wrongfully identified ‘human blood’ under the Torana dash at the trial , which later correctly , turned out to be sound deadener . It took an Inquest to discover this .
How a judge presiding over a jury could accept that an elderly grandmother could drag 60/70 kg from below deck ,then onto the deck , and then load it into a tinnie without capsizing ,is beyond reasonable.
The judge has obviously never attempted to step from a yacht , wharf , power boat , jetty etc into a tinnie—yet alone transfer a body into one , without getting awefully wet .
If that part of the evidence had been ruled out ,the case against her would have collapsed
Even Blind freddie could see this was an absolute balls up! Tasmania has always been a corrupt state. There’s enough evidence to release Susan but I doubt if there’s enough evidence to find the perpetrator guilty.
I watched the “Undercurrrent” series on the case and then read what is available online (I’m not Australian). I have an extensive background in research, psychology, criminology, and the history of crime. What I want to do here is to speak to some of the things that have stood out to me.
1. False confessions are not uncommon, but claiming to have a “black out” during the time the crime was committed is a big red flag (even O.J. Simpson made this claim in his book).
2. I have never heard forensics experts claim that crime scene techs moved someone’s DNA onto a crime scene, and indeed, if this is a reasonable claim, then just about all cases with DNA would have to ignore it, and old cases with only strong DNA evidence would need to be reopened; this alone may be enough for reasonable doubt, though one can’t tell a jury how to decide a case.
3. The relative of Bob having a “hallucination” about great harm coming to him the night of his disappearance and then someone Sue doesn’t know calling to tell her about it is beyond suspicious. If I was an investigator that would move him and the relative up to the top of the suspects list and they would be asked to undergo polygraphs.
4. Did Sue have forensices experts testify on her behalf? I have not doubt that in the USA, if a defendant had the money, forensices experts would be brought in to dispute what the prosecutor’s forensics experts claimed, and from what I read, that would not go well for the prosecution (considering there isn’t a body and it’s not clear a murder occurred).
5. Polygraphs should have been requested for everyone with even remote or possible involvement, which alone might have led figuring out who likely did it, if indeed he was murdered.
I cannot believe the injustice shown here. It is like there is a conspiracy happening. Go Sue, I and a lot of others are behind you. Lets hope you get your Appeal happening and the truth will finally come out. As an x Tasmanian I have been following this case.
Hi Eve I just want to let you know .I’ve watched all the undercut serious and 60 minutes.I always believed Sue’s innocence.I think you are amazing and such a God sent.I pray for sue and her family that the justice system see the truth and set her free.This poor lady can never get those stolen years back.Sues case has played so much emotion to me personally as I’m in a similar situation as my beautiful son sits in jail for something he is innocent of.I pray every day for the justice system to see his innocence also.I wish there were more ppl like you in the world sue.one again thanku for all you have done for sue and her family. Praying for release. Xoxox
Let’s just take a vote on it. All those who have seen ‘Shadow of Doubt’ or read ‘Southern Justice’ and believe that Sue is innocent should discourage all their friends from visiting Tasmania until Sue is released.
Wow! Good one. I’ve got a few better ones to prompt the Tas govt in to action: For Tas residents: don’t go to Tas casinos (will hurt Tas govt). For mainlanders & Tas residents: don’t buy Tas made/grown products (sorry farmers, but we need to send a message to Hobart).
All I know is, if there is any doubt whatsoever that someone is innocent and sitting in jail to rot they have the right to defend themselves. If there is any chance of of a miscarriage of justice then there absolutely should be a royal commission. She is a human being after all. With rights. Just like we would want to have if put in the same position. All his he said she said won’t get us anywhere. We’ve all seen the Doc and doubts have been raised. So bring on the royal commission. Is she the only one? Or are there others in Tasmanian jails living through the same thing? Only one ya to find out!
So glad to hear that an appeal has been allowed but how come 60 minutes get all the cudos? You and Colin did all the work and suffered immeasurable distress from doing so? Well done you 2
I wish to add my opinion to this issue, and that’s just what it is, my opinion.
Everyone of us will have an opinion, many based on an experience that has forever remained in our psychie, others from the knowledge we have inherited from our formative years and others from the opportunities bestowed on us from an educational perspective.
Yes, we all have opinions and even if we can be persuaded to think otherwise, those initial opinions are still there.
Don’t get me wrong, I will always encourage a vast scope of opinion. It enables us to see what others have knowledge of or may even have seen, that we didn’t.
Respect for those opinions, including my own, is all I ask of the reader.
Now having got that all out of the way and having read and listened to others I have come to this point;
It would appear that a jury and a trial judge, after hearing the evidence presented, made a circumstantial finding that led to the conviction of one Sue Neill-Fraser.
This is a fact we all now know about.
However, was the evidence that was gathered and presented at this trial in any way flawed and was all of it presented to the jury and even the judge.
Many opinions vary on this.
In my opinion and from all that I am currently witnessing, there appears to be unanswered questions and enough to suggest that no matter what everyone believes their remains one clear fact.
Bob Chappell is still reported missing and no one is admitting to his disappearance.
In my opinion there was not a fair trial and again, in my opinion, there was not a ‘ beyond reasonable doubt’ summation on the evidence presented at the time, to convict anyone of murder.
This, in my opinion needs to be our focus.
Was it a fair trial.
To say it was not is more a judgement of mine based on the now compelling evidence to be considered at a now granted future appeal.
New evidence has presented itself that even now some still wish to cast doubt on even though the DNA and verbal evidence has been the precursor, in part, to granting this appeal.
One could ask, if Sue Neill-Fraser were to make a statement saying “I was on the boat when Bob was being bashed”, would the doubters accept or cast doubt on such a verbal admission also?
In concluding I wish to draw attention to the readers of this blog to an academic paper “ Measuring jurors views on sentencing: Results from the second Australian jury sentencing study”.
Article in Punishment & Society July 2016.
I would encourage every reader to look at this twenty four page report, particularly pages three and four.
A quote from those pages is as follows;
“ Sentencing is an important matter of public policy, so if the public is to be ‘ dealt in’ to these discussions (Indermaur, 2008), better ways to gather and assess community views are needed.”
The sentence preceding the one I quoted above reads, and I quote;
“ This creates a dilemma because basing policy on views founded on ignorance or bias cannot attract the public confidence needed to increase legitimacy and compliance”.
This is a paper co-authored by Kate Warner, now Her Excellency Professor Kate Warner AM, Governor of Tasmania.
If Her Excellency were to re-visit this study I ask, would this be cause for her to exercise the prerogative of mercy for Sue Neill-Fraser to be released while she awaits her appeal.
Thanks for reading my ‘opinion blog’ and many thanks Eve for providing this platform.