Battle for documents in killer’s parole challenge

Convicted murderer Susan Neill-Fraser’s legal team is fighting for access to documents as part of an appeal against parole conditions that prevent her from speaking to the media.

The 71-year-old grandmother spent 13 years behind bars for murdering her partner Bob Chappell on the couple’s yacht docked in Hobart on Australia Day 2009.

He was released on parole in 2022 and recently took legal action against a situation that prevents him from directly or indirectly communicating with the media to “claim his innocence”.

The parole board said the condition was in place to protect Mr Chappell’s family and friends from further trauma and distress.

Neill-Fraser’s lawyer, Hannah Canham, told the Tasmanian Supreme Court she was seeking documents that were before the parole board at the time of the decision.

“We asked for voluntary production and (this) should normally be provided,” Ms Canham said on Wednesday.

Lawyer Simon Gates, representing the Tasmanian Parole Board, said he could not see how the documents sought were relevant to the grounds of the legal challenge.

Mr Gates said Neill-Fraser’s lawyers had applied for a wide range of information, including text messages.

Acting Judge Michael Daly told the court it would be unusual if the legal challenge proceeded without documents being presented to the judge.

He ordered both sides to make presentations on the issue by mid-November. The date of the main hearing has not yet been set.

Among various reasons, Neill-Fraser argues that the conditions of parole are not compatible with the freedom of political communication implied by the constitution.

Speaking outside the court in September, Rosie Crumpton-Crook, chair of Neill-Fraser’s support group, said the convicted killer was “basically gagged”.

“Obviously he’s getting angry,” Ms Crumpton-Crook said.

“The entire legal process regarding Sue’s case took years. Everything seems to be taking too long.”

Neill-Fraser was sentenced to 23 years in prison; The sentencing judge in 2010 said he was convinced beyond reasonable doubt that he had attacked Mr Chappell on their yacht.

Neill-Fraser has maintained her innocence, with prominent politicians including her daughter Sarah Bowles and Andrew Wilkie pressing for an independent investigation into the case.