Bowraville
Written
by Dan Box
Published
2019
Dan Box
was an Australian journalist. Australian was owned by Murdoch, so
I didn’t read anything from them. I was a late reader about the Bowraville
murders.
There
were three Bowraville murders, all children, in 1990. In 1991 *James Hide was
arrested and charged with the murder of the third person who was killed. Nine
days later the clothing of the first victim were found in the local river, and
ten days later the second victim’s body was found. Hide’s lawyers asked for the
charges to be heard separately and the court judge agreed. None of the families
could understand why. The jury sat in the Grafton court in 1994, heard the
first murder case, and found Hide not guilty. In that case the other two
murders would not be heard.
*name has
been changed
The
police inspector, Gary Jubelin, wanted to keep on inspecting, and was given
approval by his commander. By 2003 Jubelin took his information to the coroner
and asked him to hold an inquest which would help the police to take Hide back
to court. In 2004 the coroner said he could not make a decision, and sent a
letter to the state director of public prosecutions, Nicholas Cowdery, asking
him to make a decision. By May 2005 the DPP had agreed with him, and sent the
murders back to court.
It was
February 2006, 16 years after the murders, that it would end up, all three together,
in court. Hide still did not answer any questions – he did not have to prove
nothing. Once again he was found not guilty.
For the
next few years Leonie Deroux, one of the family, wrote letters to local
politicians, the state governor, the Ombudsman, newspapers, senators,
ministers, the federal opposition and the Prime Minister eventually. She asked
her local MP for assistance with a change of the ‘double jeopardy’ legislation.
Box met
up with Gary Jubelin in 2014 and was told about the murders. Jubelin wanted him
to write about them, the families, what has happened and what should happen.
Box took this on. He didn’t get to meet the Aboriginal families until 2016, but
had spoken to them by phone before that. He visited Bowraville, went to where
two of the bodies had been found, joined the families in court, wrote podcasts
and wrote articles for the Australian. He spoke to Gabrielle Upton, the
NSW attorney general, and finally, after a final request from her to the Court
of Criminal Appeal, the trial went back to court on 29 November 2017 – 27 years
after the murders. It took the three judges nine months to make their own
decision – there will not be a retrial.
This, for
me, means that this country – or, at least, NSW – have not decided to rewrite
the double jeopardy legislation and hear all three murders in one court. I can’t
think why they have done this; my condolence and support go to the Aboriginal
families who must be the first families in this country who suffer this
ridiculous ‘law’.
Dan Box
had learned, at this trial, that he had to change the name of the man who had
been charged – he is now known, in this book, as James Hide. He is still
out of jail, but for me, he is guilty. How many others who have read or will
read this book think that too?
Box did
so well, preparing his journalism and his writing. I would hope that he and the
police and the Aboriginal families will get on with their lives, but I know that
won’t happen.
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