Defending the indefensible

‘pro bono’ lawyer represents Dupas as serial killeris given more time to appeal

Christina Halvagis, the mother of murdered woman Mercina Halvagis, leaves the Melbourne Magistrates' Court during a break in the inquest into her daughter's death in Melbourne, Monday, Nov. 28, 2005. The inquest was told that the 25-year-old was tending her grandmother's grave at the Fawkner cemetery in Melbourne's north when she was attacked and died of multiple stab wounds on the afternoon of November 1, 1997. (AAP Image/Mario Borg)

18 December 2011 9:49am

Instagram

Serial killer Peter Dupas has been granted a further extension of time from the Victorian Court of Appeal to file documents relating to his conviction appeal for the brutal murder of Mersina Halvagis.

Dupas is trying to appeal for the second time, his conviction for the stabbing murder of Ms Halvagis, 25, at the Fawkner Cemetery in 1997. His first conviction for the crime was in 2007.He was found guilty again after a retrial last year.

Though 24 jurors have found Dupas guilty, the Victorian justice system continues to be used by Dupas to prolong the Halvagis family’s torture over the conviction and find some sort of closure.

Melbourne defence lawyer John Desmond has taken on Dupas’ case two weeks after the Court of Appeal gave the convicted killer a deadline to find a new lawyer.

Had Dupas failed to find representation, the Appeal Court could have struck out his latest attempt to appeal, severely limiting his chances of a third trial.

With Victorian Legal Aid refusing Dupas funds for a further appeal, the application is only possible because Mr Desmond has agreed to represent Dupas ‘pro bono’.

At a brief hearing last week Chief Justice Marilyn Warren gave Dupas’s new lawyer until January 30 to seek leave to appeal and submit grounds of appeal.

Dupas, 58, is serving three life sentences without parole for the murders or Ms Halvagis, Nicole Patterson and Margaret Maher.

Justice Warren told the court that three judges would decide on Dupas’ appeal application early next year.

Following last week’s hearing, Victorian Premier Ted Baillieu and Attorney-General Robert Clark have said they do not rule out making changes to the legal system in light of the extended appeal procedures that Dupas has been able to pursue.

In a statement to Neos Kosmos, Mr Baillieu and Mr Clark said: “The Government is limited in what it can say because this matter is still before the courts. However we intend to closely study [the] decision and the surrounding circumstances to see whether changes need to be made to the law or the legal processes involved.

“We fully understand the frustration of the Halvagis family and their desire to see an outcome in this case as soon as possible. We welcome the statement by the Court that every effort will be made to bring the case on for hearing as soon as practicable.”