The Robert Farquharson Story
A wrongful conviction
On Father’s Day September 4th 2005, Robert Farquharson, then aged 36, was involved in a tragic mishap which led to the drowning of his three sons, Jai aged 10 years, Tyler 7 and Bailey 2. His account of what happened that day has never varied. He was driving his sons back to their mother’s home in Winchelsea after a trip to Geelong where he had treated the boys to a meal at a KFC restaurant. It was dark and he was driving under the speed limit, cautious as always as he had his boys in the car.
At a point on the Princes Highway, not far from Winchelsea where there is a railway overpass, he experienced a bout of severe coughing (he had been unwell for over a week). The next he was aware of was that his car was off the road and in a dam[1]. His son Jai in the front passenger seat opened his door; water rushed in so Robert leaned over and pulled the door closed. He then opened his door with the intention of helping his sons out of the car but the car sank rapidly and despite his efforts to dive down to the car, he was unsuccessful. The car was later found nose down in 7.4 metres of water.
Realising that he could not get to his sons or to the car, he struggled out of the dam and on to the highway where, after two or three attempts, he was able to stop a passing car. The two young men from the car thought that Robert was incoherent but one did recall words to the effect of “I blacked out. I was havin’ a coughing fit, next thing I remember we were in the dam. I must’a blacked out”
His account of a blackout from a coughing attack (cough syncope, a medical entity that is uncommon but is well-recognised by medical practitioners) was not believed and as a result he was charged with murdering his three sons, found guilty after two trials, and was sentenced to life imprisonment with a minimum period before parole of 33 years.
The material assembled for this website provides overwhelming evidence that Robert’s case is one of a wrongful conviction[2]. He continues to fight to clear his name and has a strong group of supporters helping in his fight. Please read on.
[1] Note: Although most commentators continue to depict the dam as a farm dam, it is actually a steep-sided former quarry that is 7.4 metres deep, filled with stagnant black water.
[2] As this website may be visited by members of the juries who were empaneled for the two Farquharson trials, we wish to emphasise strongly that wrongful convictions usually result from multiple factors that are out of the control of any juror and are very rarely the result of any lack of care or conscientiousness on the part of jury members.