Sue Neill-Fraser, left, was found guilty of bludgeoning her partner Bob Chappell, right, to death and dumping his body in the River Derwent. Photo / Supplied
Sue Neill-Fraser, left, was found guilty of bludgeoning her partner Bob Chappell, right, to death and dumping his body in the River Derwent. Photo / Supplied
No murder weapon, no witness to the act and nobody to even undoubtably say there had been a death — this was the situation Australian woman Sue Neill-Fraser found herself in 10 years ago when she was charged with murdering her long-time partner Bob Chappell.
It was the morning after Australia Day in 2009, just as the sun was rising over Hobart's Sandy Bay, that the Tasmanian Coast Guard spotted a luxurious white yacht named the Four Winds partially sinking.
The A$200,000 yacht was owned by Bob Chappell, a well-respected and wealthy radiation specialist at the Royal Hobart Hospital and his partner Neill-Fraser, a former equestrian school owner and heiress.
The A$200,000 yacht was owned by Bob Chappell and his partner Sue Neill-Fraser.
The authorities boarded the sinking yacht and quickly found signs of foul play. Someone had tried to scuttle the boat and there was blood spattered inside.
Seven months later, on August 20, 2009, Tasmanian Police arrested Neill-Fraser and charged her with murdering her husband.
The jury at her three-week murder trial in 2010 took 18 hours to agree on their verdict — that Neill-Fraser was guilty of bludgeoning her partner to death and dumping his body in the River Derwent.
The case was built entirely on circumstantial evidence and Neill-Fraser has always maintained her innocence.
But despite the thin evidence of the case, police and prosecution claim it was the number of lies told by Neill-Fraser that led to the jury finding her guilty.
Neill-Fraser was sentenced to 26 years in prison in 2010, a sentence she later appealed and saw dropped to 23 years.
But since being in Tasmania's notorious Risdon Prison, Neill-Fraser's health has deteriorated.
The 65-year-old convicted killer attends her Supreme Court appeals in a wheelchair and fierce defenders of her innocence say time is running out.
Last week, Neill-Fraser, her family and her dozens of supporters were finally given the news they needed after Justice Michael Brett gave the 65-year-old another chance to appeal her conviction.
Justice Brett told the court the evidence — relating to an affidavit submitted by a homeless Tasmanian woman — was "fresh and compelling" enough to approve the application.
In an explosive 60 Minutes interview that was banned from airing in Tasmania, Meaghan Vass — then aged 15 — told the current affairs program she boarded Four Winds the night Bob Chappell died.
After 10 years of torment, Meaghan Vass last night found the courage to speak to #60Mins for the first time about Bob Chappell’s murder. She says she saw it all. If proven, it means Sue Neill-Fraser, convicted of the murder, should be freed from prison: https://t.co/PLmtWyu5ZXpic.twitter.com/BR35p5gEPo
In giving Neill-Fraser a chance to appeal her case, Justice Brett told the court he had not watched the 60 Minutes program.
Instead, Justice Brett had read an affidavit submitted by Ms Vass that mirrored her comments on 60 Minutes.
Justice Brett told the court Ms Vass's affidavit, purportedly signed in February, stated she was on the yacht the night of the murder with two male companions.
"She witnessed at least one of the males assault Mr Chappell. She recalls seeing a lot of blood," he said.
Ms Vass has named the two men in her affidavit.
THE START OF A VERY LONG JOURNEY FOR NEILL-FRASER
Lawyers for Neill-Fraser are planning to file the new appeal with the Court of Criminal Appeal soon.
The daughter of the convicted killer has described a court decision to grant the Hobart grandmother right to another appeal as "one step" in a very long journey.
Justice Michael Brett found that evidence about the whereabouts of then-homeless teenager Meaghan Vass on the night of the murder, and her DNA, satisfied criteria to grant an appeal.
Chappell in a photo taken weeks before his death. Photo / Supplied
Neill-Fraser smiled to family and supporters in a packed courtroom as the decision was delivered.
Her daughter Sarah Bowles held back tears speaking to reporters outside court.
"This is just one step in the direction of what's going to be a very long journey for us as a family," she said.
"She's an innocent woman and it's time she came home and was with her grandchildren to have cuddles."
Justice Brett said he did not rule on the credibility of the evidence, only that it was "fresh and compelling".
Tasmania Police said they interviewed Ms Vass earlier this month after ads from 60 Minutes suggested a "different versions of events".
"Tasmania Police fully supports the legal process and remains confident in the integrity and thoroughness of the original and subsequent investigation teams," Assistant Commissioner Richard Cowling said in a statement.
Neill-Fraser was able to apply for another appeal under Tasmanian laws introduced in 2015.
Previous appeals against her conviction have either failed or been rejected.
TIMELINE
JANUARY 27, 2009 — Bob Chappell, 65, is reported missing from the couple's yacht found sinking in the River Derwent in Sandy Bay off Hobart.
SEPTEMBER 2012 — Neill-Fraser loses a bid to appeal her conviction in the High Court of Australia.
JANUARY 2014 — A coroner finds Neill-Fraser was responsible for Mr Chappell's death.
FEBRUARY 2016 — Neill-Fraser begins a bid for another appeal under legislation, passed in 2015, that requires her to convince a judge there is "fresh and compelling" evidence.
AUGUST 2017 — Three people are charged over interference with the appeal bid, including a witness and someone who worked as part of Neil-Fraser's legal team.
OCTOBER 30, 2017 — Meaghan Vass, whose DNA was found on the yacht, denies in court being on-board the boat despite signing an affidavit in April saying she was.
MARCH 14, 2019 — Neill-Fraser's application to appeal is reopened to include a new affidavit from Ms Vass about her whereabouts the night of the murder.
MARCH 21, 2019 — Justice Michael Brett grants Neill-Fraser leave to appeal her murder conviction, telling the court Ms Vass's new affidavit states she was present on the yacht on the relevant night.
