Three NSW judges are expected to hear an application for the retrial of a man previously cleared of murdering two Aboriginal children in Bowraville, in the early 1990s.
The man, who can’t be named for legal reasons, was previously acquitted of murdering four-year-old Evelyn Greenup and 16-year-old Clinton Speedy-Duroux in late 1990 and early 1991.
Under NSW double-jeopardy laws revised in 2006, a person can be tried for the same crime for which they have already been acquitted, provided there is fresh and compelling evidence to proceed with a retrial.
State Attorney-General Mark Speakman will argue for a retrial in a hearing scheduled to take about four days.
A NSW parliamentary inquiry in 2014 found the initial police investigation into the Bowraville murders was flawed.
A third Aboriginal teenager, 16-year-old Colleen Walker, disappeared from Bowraville less than a month before Evelyn was killed.
Her clothing was found weighted down with rocks in the nearby Nambucca River but her body has never been located.
The hearing is listed to begin in the NSW Court of Criminal Appeal today (Wednesday).