QC fights Neill-Fraser verdict

HIGH-PROFILE Melbourne lawyer Robert Richter has called for a commission of inquiry into the conviction of Sue Neill-Fraser for the murder of her partner, Bob Chappell.

The Victorian Queen's Counsel said yesterday he believed an inquiry would recommend Neill-Fraser's 2009 conviction be overturned.

The Hobart woman is serving 23 years for the killing of the former Royal Hobart Hospital radiation physicist, who disappeared from his yacht on the River Derwent on Australia Day 2009.

Mr Chappell's body has not been found, and Neill-Fraser's conviction has caused supporters to compare it to that of Lindy Chamberlain.

The case has ignited interest around the country as Neill-Fraser's family protests her innocence.

Appeals to the Court of Criminal Appeal and the High Court have been rejected and a coronial inquiry has been requested by Neill-Fraser's family.

Mr Richter said an inquiry chaired by an experienced criminal lawyer was needed to get to the truth.

"Having surveyed the material which is now available, we are quietly confident that a commissioner would report to the Government that the problems are so significant that it will be then appropriate (for the Attorney-General) to apply to the Court of Criminal Appeal, using the findings and evidence from the inquiry, for the conviction to be quashed," he wrote.

Former Integrity Commission chief Barbara Etter is leading the push for the reopening of the case.

"I feel confident in saying, after my 30 years in policing, that an inadequate police investigation failed to properly inform the court and the jury about the full circumstances surrounding the events of Australia Day 2009," Mrs Etter said.

"It is now time to review the matter and put community unease and concern to rest. It is essential that as Tasmanians we have the utmost confidence in our criminal justice system."

Attorney-General Brian Wightman said the Tasmanian Criminal Code provided mechanisms for criminal convictions to be referred back to the courts.

"The exercise of this power is generally only considered where there is new or fresh evidence which is compelling," he said.

"Ms Neill-Fraser has not sought to invoke any of those mechanisms," he said.

"There would need to be exceptional circumstances to warrant a commission of inquiry ... especially when options to seek to have the matter re-examined by the courts have not been pursued.

"However, it is important to note that the case has gone through a Supreme Court trial and an appeal in the Court of Criminal Appeal, in which there was no challenge to the jury verdict, nor was the sufficiency of evidence appealed."

david.killick@news.com.au

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Corporal given 21-gun salute

HARRY'S MATE: James Dunsby became mates with Prince Harry when they served in Afghanistan.

TASMANIAN soldier James Dunsby has been laid to rest with hundreds of people paying respects in a service at Trowbridge in England.

The reservist, who grew up in Tasmania but had been living in the UK, died during SAS selection training in Brecon Beacons.

Corporal Dunsby, 31, was born in Solihull in England but moved to Tasmania, attending St Virgil's College and the University of Tasmania.

He later moved back to Britain and had been living in Trowbridge with his wife, Bryher.

His coffin was covered by a Union Jack flag during the military service on Thursday which was attended by family, friends and fellow servicemen.

His wife spoke at the service.

"I shall miss you more than words could ever convey. What a truly wonderful adventure we had together. You have enriched my life more than I could ever imagine," Mrs Dunsby said.

Brother Joseph Dunsby also paid his respects.

"There was not one person who was influenced more by James than me, I absolutely idolised him," Mr Dunsby said.

"I feel like a huge part of me is gone in the wind. Pull up a pew next to grandad, Churchill and the rest of them and enjoy."

At the end of the service, as Cpl Dunsby's coffin left the churchyard, there was a 21-gun salute.

Cpl Dunsby became friends with Prince Harry while the pair were serving together in Helmand Province, in Afghanistan, in 2008.

He collapsed on July 13 during a hike in extreme heat.

Lance Corporal Craig Roberts and Edward Maher also died on the exercise.

An investigation into their deaths is under way.

emma.hope@news.com.au

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Bring it home, Danny boy

PREPARATIONS: Daniel Geale in training for the IBF middleweight title fight.

THERE are 13 restaurants inside the plush Revel resort in Atlantic City, New Jersey, but Tasmania's Daniel Geale is still hungry.

He defends his IBF middleweight title against Englishman Darren Barker there tomorrow afternoon (Tasmanian time) and says his huge appetite for success will make all the difference against his toughest opponent yet a slick, clever and well-schooled challenger.

"I still have so many more goals," Geale said.

"There are many more big fights out there for me and more world titles that I want to win. I've only just started the journey and Darren Barker is going to face a very hungry fighter this weekend."

The Launceston boxer (29-1, 15 KOs) and Londoner Barker (25-1, 16 KOs) have been on a collision course since both won gold in different divisions at the Manchester Commonwealth Games.

Yesterday Geale, 32, could hardly contain his enthusiasm.

"To all my fans, please tune in because I'm going to bring that title home." 

-- GRANTLEE KIEZA

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Wilkie in poll position

INDEPENDENT MP Andrew Wilkie has received a boost in his bid to retain the marginal Tasmanian seat of Denison at the federal election.

Already considered the favourite, Mr Wilkie has been drawn ahead of major rivals Labor and the Greens at number two on the ballot paper.

His name will appear below the Liberal Party, although their candidate Tanya Denison is only considered an outside chance in a seat held by the ALP for 23 years before 2010.

Greens candidate Anna Reynolds is third on the 10-candidate list.

The independent's greatest threat, Labor's Jane Austin, will be listed ninth.

Mr Wilkie was elected from third place on preferences in 2010 and holds the seat with a margin of just 1.2 per cent over the ALP.

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Corporal given 21-gun salute

HARRY'S MATE: James Dunsby became mates with Prince Harry when they served in Afghanistan.

TASMANIAN soldier James Dunsby has been laid to rest with hundreds of people paying respects in a service at Trowbridge in England.

The reservist, who grew up in Tasmania but had been living in the UK, died during SAS selection training in Brecon Beacons.

Corporal Dunsby, 31, was born in Solihull in England but moved to Tasmania, attending St Virgil's College and the University of Tasmania.

He later moved back to Britain and had been living in Trowbridge with his wife, Bryher.

His coffin was covered by a Union Jack flag during the military service on Thursday which was attended by family, friends and fellow servicemen.

His wife spoke at the service.

"I shall miss you more than words could ever convey. What a truly wonderful adventure we had together. You have enriched my life more than I could ever imagine," Mrs Dunsby said.

Brother Joseph Dunsby also paid his respects.

"There was not one person who was influenced more by James than me, I absolutely idolised him," Mr Dunsby said.

"I feel like a huge part of me is gone in the wind. Pull up a pew next to grandad, Churchill and the rest of them and enjoy."

At the end of the service, as Cpl Dunsby's coffin left the churchyard, there was a 21-gun salute.

Cpl Dunsby became friends with Prince Harry while the pair were serving together in Helmand Province, in Afghanistan, in 2008.

He collapsed on July 13 during a hike in extreme heat.

Lance Corporal Craig Roberts and Edward Maher also died on the exercise.

An investigation into their deaths is under way.

emma.hope@news.com.au

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Bring it home, Danny boy

PREPARATIONS: Daniel Geale in training for the IBF middleweight title fight.

THERE are 13 restaurants inside the plush Revel resort in Atlantic City, New Jersey, but Tasmania's Daniel Geale is still hungry.

He defends his IBF middleweight title against Englishman Darren Barker there tomorrow afternoon (Tasmanian time) and says his huge appetite for success will make all the difference against his toughest opponent yet a slick, clever and well-schooled challenger.

"I still have so many more goals," Geale said.

"There are many more big fights out there for me and more world titles that I want to win. I've only just started the journey and Darren Barker is going to face a very hungry fighter this weekend."

The Launceston boxer (29-1, 15 KOs) and Londoner Barker (25-1, 16 KOs) have been on a collision course since both won gold in different divisions at the Manchester Commonwealth Games.

Yesterday Geale, 32, could hardly contain his enthusiasm.

"To all my fans, please tune in because I'm going to bring that title home." 

-- GRANTLEE KIEZA

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Power prices to drop

POWER prices in Tasmania are set to drop by 5.23 per cent next year in line with retail contestability.

The drop could see the average Tasmanian household save about $140 a year.

The independent Tasmanian Economic Regulator has this morning approved a State Government proposal to see a drop in power prices for Tasmanian households and small businesses from January 1.

"The approved standing offer prices represent a 5.23 per cent price decrease compared to the prices applying for the period 1 July 2013 to 31 December 2013," Tasmanian Economic Regulator chairman Glenn Appleyard said this morning.

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Tassie weather plays havoc

Carmen Shaw, 21, of Launceston braves the elements. Picture: ROSS MARSDEN

TORRENTIAL rain, hail and high winds have caused havoc across the North with businesses and homes flooded, roads closed and the state's rail network shut down.

The severe weather hit across the North, North-West and West of the state on Tuesday night and early yesterday.

About 18 businesses in the Launceston suburb of Kings Meadows were affected by flash flooding.

Kings Meadows Seafoods owner Dimitrios Amerikanos said staff took about three hours to mop brown mud from the shop's floors.

Mr Amerikanos and signwriter Alan Dinsmore said past floods had taught them to leave anything of value well above floor level.

Mr Dinsmore said the high water mark yesterday reached about 15cm above his workshop floor.

The low pressure system that brought overnight rainfall of between 50mm and 80mm across northern areas triggered moderate flood warnings for the North Esk, South Esk and Meander rivers.

Conditions were milder in the south, with 8mm of rain at Hobart to 9am yesterday and a further 10.2mm to 8pm.

Mostly showery days are forecast for the rest of this week.

The State Emergency Service received 12 call-outs in the North-West on Tuesday night.

Most involved roof and water damage and blocked and overflowing drains.

In the South, the SES received two call-outs for leaking roofs.

TasRail closed its rail network just after midnight Tuesday after the conditions hampered service crews from establishing the extent of any damage to the lines. A landslip at Kimberley Bank cut the Western Line.

"To make the rare decision to close the entire track is an indication of the significant safety risk we believed was present on the main line," TasRail CEO Damien White said.

Several roads were closed including the northbound lanes of the West Tamar Highway, Youl Rd, Winkleigh Rd at Winkleigh and Nile Rd.

In Launceston, 52mm of rain fell between 9am Tuesday and 9am yesterday.

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Farmer seeks case review

A FORMER Redpa dairy farmer, who was last month found guilty of animal cruelty, has applied for his case to be reviewed in the Supreme Court, the Launceston Magistrates Court heard today.

In his sentencing submission defence barrister Greg Barns did not dispute the prosecution's arguments regarding the cruelty and severity of offences committed by Roderic Neil Mitchell, involving as many as 188 cows.

Mr Barns also did not dispute evidence regarding Mr Mitchell's repeated refusals to comply with advice and directions given to him by animal welfare officers, police, dairy advisers and other farmers.

He said Mr Mitchell, 33, had arrived in Tasmania aged in his 20s, over-confident after earning quick profits from a sale of irrigation water rights in Victoria.

Mr Barns said Mr Mitchell had been out of his depth.

"This is a young man who has not stuck to his knitting. A snowball effect, of a young person who thinks they have the answers, and who are not prepared to listen to those with knowledge," he said.

Mr Barns said it had been suggested, in evidence, that Mr Mitchell's behaviours and lack of insight had been consistent with a diagnosis of attention deficit hyperactivity disorder.

"That doesn't say that this means he wasn't able to understand directions, it's simply context," he said.

Mr Barnes said Mr Mitchell's offences were not among the worst forms of animal abuse, because they did not involve the sadistic torture or killing of animals.

Prosecutor Harry Virs said a custodial sentence was appropriate, given Mr Mitchell's actions in prolonging the court action against him which had begun in 2007, his lack of remorse and repeated refusal to follow directions and advice.

Mr Virs said Mr Mitchell had admitted, while under cross examination, that he had been actively engaged in efforts to have animal welfare officers removed from investigations because "they were sabotaging my farm".

He said when police and animal welfare officers arrived at the Redpa farm to seize cows on July 21, 2007, their path was blocked by Mr Mitchell's tractor.

Mr Virs said when asked to move the tractor, Mr Mitchell told them it was inoperable.

"When they went to another part of the property ... he started up the tractor and parked it in front of a livestock truck, to transfer stock to Cressy station," he said.

Mr Virs said Mr Mitchell had been asked in cross examination, "Is it justifiable in your view to starve a cow".

He said Mr Mitchell had paused for as long as 10 seconds before answering, "It depends on what your definition of starve is".

Mr Barns said Mr Mitchell now operated a profitable fencing business in Victoria, but still had debts of about $1 million in relation to the Redpa property.

Magistrate Reg Marron yesterday extended Mr Mitchell's bail until sentencing on September 18.

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Fire destroys historic tavern

The historic Campania Tavern was destroyed by fire early this morning. Picture: CAROLYN MEREDITH

AN early morning fire has destroyed the historic Campania Tavern in the state's south.

Fire crews were called to the Coal River Valley tavern just after at 4.30am to find the building in the centre of town ablaze.

Campania fire brigade chief Robin Howlett said crews used two fire hydrants and six hoses to try to contain the blaze in the 1877 weatherboard building.

Residents from two houses across the road from the hotel were evacuated as strong winds fanned thick black smoke through the tiny rural town.

Despite the best efforts of four brigades the building was gutted.

Hobart CIB detectives and fire investigators are on the scene.

The tavern was the scene of an armed robbery on Saturday night.

Police are refusing to draw a link between the two events.

"We are not closing our mind to any possibilities," Acting Inspector Craig Joel said.

The tavern was originally a railway hotel, built by P.J. Nichols and opened in June 1877 with Thomas Workman as the first licensee.

Local resident Alex Green said the building had been one of the last timber railway hotels, which were sadly disappearing from the landscape around Tasmania.

"It was an important part of the local development following on from of the main line railway which opened in 1876," Mr Green said.

"There was no town at Campania before the railway, just a farm. They built the railway station and the people followed.

"The hotel is an important part of Tasmanian history which has sadly gone up in smoke."

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