Notorious serial killer Peter Dupas was due to stand trial for the 1997 murder of 95-year-old Kathleen Downes later this month, however prosecutors dropped the case against him. The decision was made as a result of the failing health of key witness Andrew Fraser, a former lawyer who served prison time with Dupas but was unwell to give evidence and withstand cross-examination.

Dupas is already serving three life sentences and is never to be released for killing Mersina Halvagis at the Greek Orthodox quarter of Fawkner Cemetery in 1997, and for the mutilation and murders of Nicole Patterson in April 1999 and Margaret Maher in October 1997.

READ MORE: Peter Dupas to go to trial for the murder of Kathleen Downes, 95

Kathleen Downes

Supreme Court Justice Peter Almond said the decision to not continue with the trial did not constitute an acquittal, and it is possible for Dupas to be re-indicted on the murder charge at any time.

The family stated that their disappointment but also understand the reasoning behind the decision. Ms Downes lived at the Brunswick Lodge facility since 1989 until the time of her death. She was found at a pool of blood at 6.40am, six hours after she had last been seen alive.

READ MORE: Mersina Halvagis remembered