The judge who dissented at her appeal and would have quashed her conviction, Justice Estcourt AM, fell ill and was unable to attend court this morning, resulting in the cancellation of the hearing where the Melbourne based Human Rights Law Centre was to challenge the Parole Board’s additional restriction on Sue Neill-Fraser’s parole conditions, preventing her claiming her innocence. Garry Stannus reports.
The Media were waiting outside the court, anxious to film, to photograph and to interview. Was there a chance that Susan Neill-Fraser would say some words before going in through security? Or perhaps would the mainland Human-Rights lawyer, Sarah Schwartz, stop and give a door-stop interview?
But not on this day! For the evening before, the ‘legals’ on both sides, the Neill-Fraser Support and presumably Susan Neill-Fraser herself, had learned that Justice Estcourt was ill and that the hearing, scheduled for Monday morning, was cancelled.
To refresh :
4 Oct 2022 Having served 13 years in prison following her conviction for the murder of Bob Chappell, Sue was released on parole. Three ‘Special Conditions’ were applied to her release on parole:
- Electronic Monitoring. 2. To obtain and comply with a mental health plan. 3. To not contact named person directly or indirectly.
December 2024 These conditions were varied by the Parole Board, adding a new condition which barred her from directly or indirectly communicating with media outlets regarding her conviction or alleged innocence.
May 2025 This new restriction was replaced with a more comprehensive ‘gag order’ covering third parties, social media, podcasts and written statements.
April 28th 2025 Sarah Schwartz, for the Human Rights Law Centre [HRLC], announced the filing of a legal challenge to the Parole Board’s ‘gag’ order.
August 2025 the matter was adjourned to the next month (September 2025) …
September 2025 [the ‘scheduled’ adjournment date – no details known to author]
4 February 2026 the matter was delayed again.
May 2026 the 31st of August was ‘finally’ set as the date for the case to be heard.
25 August 2026 HRLC Media Releases announces Parole Board has removed the ‘gag order’ restricting SDF’s free-speech – Parole Board does not confirm this, saying that the matter was yet before the courts (… so there is created an increased focus on the hearing to take place in 6 days time … the 31st of Aug.
30 August 2026 late afternoon / early evening, members of the SNF Support group learn that the hearing (on the morrow) will not take place due to Justice Estcourt being ill.
31 August 2026 At the Supreme Court, Salamana Place, the Court buildings opened at 9:00am. However, staff (security & registry) were unaware that the hearing before Justice Estcourt has been cancelled due to the judge’s illness. The matter still appeared as listed on the notice board on the inner wall of the foyer.
Outside, a tight-lipped media crew waits for anyone of note connected to the Neill-Fraser case. Inside, I ask staff for any further information about the matter, and it then becomes apparent that they too are ‘in the dark’. Off one goes to investigate and subsequently another staffer – somewhat ‘up the pecking order’ – comes into the foyer and confirms the judge’s no-show. He goes out to the media crew to inform them. They pack slowly and leave. Shortly before 11:00am a lone photographer from the Mercury newspaper turns up … waits outside the entrance, below the steps, and then leaves.
CLOSING
The case, which is/was to be heard in the Supreme Court of Tasmania, argues that the new parole condition is unreasonable, improper and in breach of the constitutionally implied freedom of political communication. I don’t – even now (the afternoon) – know whether the gag order (the parole condition) has actually been lifted, as claimed by the HRLC. At the time of writing the above, the Parole Board has not yet made any announcement since the ‘non-hearing’.