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High Court orders Bruce Burrell appeal over Kerry Whelan caseFont Size: Decrease Increase Print Page: Print Nicola Berkovic | July 31, 2008
Article from:  The Australian
THE High Court has ordered a rehearing of double killer Bruce Burrell's appeal against his conviction for the kidnap and murder of Kerry Whelan.

In a unanimous ruling, the court today ordered the NSW Court of Criminal Appeal to rehear Burrell's appeal, ruling it did not have power to reopen its appeal hearings to correct an error.

Whelan's husband Bernard Whelan was bitterly disappointed this morning with the decision.

“This thing's been going on for 11 years. We certainly would like to have some closure,” he said.

“This is just technical stuff now ... he's not going anywhere.”

Burrell, 55, received a life sentence in the NSW Supreme Court almost two years ago for the 1997 murder of Whelan, whose body has never found.

The crown case was circumstantial, and included evidence of an alleged draft ransom note found at Burrell's farm at Hillydale, in the NSW southern highlands.

The former advertising man, who has always denied any involvement in Whelan's disappearance, appealed to the Court of Criminal Appeal, which upheld the sentence.

Burrell then appealed to the High Court on a number of grounds, including that the appeal court erred in reopening his case after errors in its judgment were identified.

Burrell was also convicted of the 1995 abduction and murder of 74-year-old Sydney grandmother Dorothy Davis, whose body, like Whelan’s has never been found.

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