BETTY Sheelah believes she’s usually a “pretty kept together person”, but she can be forgiven for feeling a little nervous about today.
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For the 74-year-old Armidale woman, it’s a day she has waited decades for – the chance to clear her second cousin Fred McDermott’s name 35-years after his death.
Mr McDermott, a sheep shearer born at Inverell in 1905, was jailed for the murder of petrol station owner William Henry Lavers in Grenfell in 1936.
He was convicted of Mr Lavers’ murder in 1947 and sentenced to death by hanging.
Fred was released in 1952 after a Royal Commission discredited evidence in the case that he was seen in a car near Mr Lavers’ service station the day after the murder.
Although he was a free man, he was never exonerated of the charge and died a convicted killer in 1977.
It wasn’t until 2004 that the case took a new twist towards proving Fred’s innocence.
A property owner discovered Mr Lavers’ remains on a remote property near Grenfell.
The remains were found in the opposite direction to where McDermott was accused of dumping his body.
Ms Sheelah has always believed her second cousin to be innocent.
The bizarre case was historic in itself, as it was the state’s first murder conviction without a body.
Sydney barrister Tom Molomby also followed the case. He published a book – The Shearer’s Tale – in 2004.
Ms Sheelah and Mr Molomby first came into contact with each other when she approached him for a copy of the book.
Years later he contacted her and explained there was an avenue to pardon Mr McDermott from the charge, but the law would have to be changed.
However, Ms Sheelah said, a blood relative was needed to make a formal request to reopen the case.
She also approached Northern Tablelands MP Richard Torbay who, after consulting with Ms Sheelah, said he would personally write to the then Attorney General John Hatzistergos and help her with the request.
The first extraordinary steps were taken in Ms Sheelah’s fight in late 2010 when Mr Hatzistergos moved to quash the conviction in the NSW Criminal Court of Appeal.
The fight continues today in the NSW Court of Criminal Appeal where in a hearing Mr Molomby will state his case to have Mr McDermott’s conviction overturned.
If successful, Mr McDermott will become the first person in Australia to be acquitted after death.
“I’ve waited a long time for this and suddenly it’s here,” Ms Sheelah said. “I’m usually a pretty together person but all of a sudden it’s here and it’s
happening.
“Clearing Fred’s name is something I’ve wanted passionately and I think of it every day.
“I could never have done this without Tom Molomby, I could never have done it if I had to pay for it. He believes in Fred as much as I do.”
Ms Sheelah said her second cousin had died a broken man and not only would the acquittal clear his name but it also would erase a stain on her family history.
“In the future people will look in our family history and there’s a murderer in there and I want that removed,” she said.
“I’m quite confident it will be.”