Dam deaths dad Robert Farquharson home for Christmas

http://www.news.com.au/national/dad-who-killed-his-three-sons-free-for-christmas/story-e6frfkvr-1225811566519



DAD whose three sons drowned in a dam will be free for Christmas but their grieving mum's compensation will be frozen.

Although the court overturned his convictions Robert Donald William Farquharson, 40, faces a new trial over the drowning deaths of Jai, 10, Tyler, 7, and Bailey, 2, on Father's Day 2005.

Their grieving mother, Cindy Gambino, must now endure another Victorian Supreme Court trial next year. Her compensation payout of $225,000 for the boys' deaths remains frozen pending the outcome of the new trial.

The Court of Appeal yesterday found the trial miscarried because the jury wasn't told crucial information about a star witness.

The children drowned after Mr Farquharson's car drove into a dam at Winchelsea.

He says he had a coughing fit and blacked out, his car veering into freezing water and sinking before he could rescue his sons.

But the prosecution said it was an horrific act of revenge against his ex-wife.

Chief Justice Marilyn Warren said Mr Farquharson, who was not in court yesterday, would be granted bail next Monday pending a retrial.

He has served two years of the three life terms handed down by Justice Philip Cummins in 2007.

Witness Greg King gave crucial evidence that Mr Farquharson had said he would kill his children on Father's Day in order to torment his former wife.

He said Mr Farquharson told him he wanted to get even "big time" and "I'll pay her back, I'll teach her".

But the judges said Mr King's criminal charge could have been used by the defence to question his credibility, had they known about it.

The court also found that the trial judge didn't direct the jury well enough on how they could use Mr King's evidence or secretly taped conversations he had with the accused man.

Defence counsel Peter Morrissey, SC, had urged the court to set his client free, saying a properly instructed jury could not find him guilty beyond reasonable doubt.

But the judges refused to order an acquittal, saying even though this was a circumstantial case there was enough evidence to justify a new trial.

They remanded Mr Farquharson in custody but indicated they would grant bail at a hearing next week.

I don't know what to think of this case. His ex wife supported him for a long time, she believed in him so maybe he is innocent.

I am not on his side on this 1
I know that road I have driven it quiet a few times and I dont think there is a away he could have done that by accident

i'm sorry but if he actually killed his sons he's probably sitting back laughing at the justice system right now. how could they let him out