4 September 2005
A car driven by Robert Farquharson and carrying his three young sons ended up in a “farm dam”[1] just off the Princes Highway near Winchelsea in Victoria. After a lengthy police investigation, Farquharson was charged with the murder of his sons.
[1] N.B. Until recently amended, a Wikipedia entry (see https://en.wikipedia.org/wiki/Robert_Farquharson ) called it a “farm dam” as did most journalists whereas in fact it is a former quarry with steep sides and is 7.4 metres deep.
21 August 2007
Start of the first trial.
16 November 2007
Farquharson found guilty and sentenced to 3 life imprisonments. He appealed the decision.
17 December 2009
The Appeal Court (3 judges) unanimously overturned the decision and ordered a retrial. The judges were critical of the trial judge, the prosecution, one witness and the lead detective. Farquharson was released on bail. https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSCA/2009/307.html
4 May 2010
A new trial began. Additional evidence was produced by the prosecution.
22 July 2010
Jury found him guilty (after 3 days of deliberation).
15 October 2010
Sentenced to life imprisonment with 33 years minimum
7 December 2012
New appeal failed https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSCA/2012/296.html .
15 August 2013
Appeal to the High Court of Australia rejected.
2019
New Victorian legislation now provided for a further appeal on the grounds of “fresh and compelling” evidence[1].
[1] “Fresh and compelling” is legal terminology chosen to match the grounds on which an exonerated person can now be charged again for the same crime. While it may seem logical to legislators, this terminology creates a significant barrier to the real appeal issue which is about the existence of “reasonable doubt”. This is discussed in more detail below.