For Carmen Ross, unlike most of us, Robert Farquharson's conviction and punishment are not certain in the past. It's a lot in his life. He talks to his brother on the phone two or three times a week. And she goes and visits him in Barwon prison once a month.
For Farquharson's appeal to succeed, he will have to change the minds of people in the legal system. It's the same system that has twice already decided that Farquharson deserves to spend 33 years behind bars. Making a different decision now will be a huge task.
Listen to the final episode of Trial By Water now in the player below.
The new legislation allows Farquharson and his legal team to attempt another appeal. To get there, he must present new evidence to the Court of Appeal. And if they agree that it's fresh and compelling, and that there might have been substantial injustice, they'll listen to your argument.
But it is difficult. For example, to count as new, new evidence cannot have been introduced at your first trial. Makes sense. But it also means that it couldn't even have been available then. So if your lawyer could have argued it but didn't, it still won't count as new.
In the final episode of Water Testyou'll also hear from Kate Lahey and Katie Bice again, our two colleagues from the age. We spoke to them earlier in the series about their misgivings about the research. Have new interpretations of the science that helped convict Farquharson twice change his mind about his guilt?
