Robert Farquharson, 54, was found guilty twice of killing his children after he was behind the wheel of a car which crashed into a dam near Winchelsea on Father’s Day 2005.
His three sons, Jai, 10, Tyler, seven and Bailey, two – drowned in the car as Farquharson swam to safety.
The 54-year-old has always maintained that he had a coughing fit and passed out before the crash.
Farquharson was found guilty of murdering his children by different juries in 2007 and 2010.
He is now preparing a new bid for freedom under new Victorian laws passed in 2019 that allow a second appeal if there is fresh and convincing evidence to show there has been a substantial miscarriage of justice.
Dr. Chris Steinforth believes the 54-year-old is innocent.
He assessed Farquharson before the trial and remained adamant the crash was caused by a cough-induced fainting condition known as cough syncope.
“I think there was a significant miscarriage of justice and I believe Robert is innocent,” Sanforth said.
“I believe he did have an episode of coughing syncope. He was out of control when the car left the road, hit the bastard and his three children drowned.’
Farquharson’s lawyer, Luke McMahon, released a statement saying his client’s story had not changed.
“As time progresses, we collectively gain a better understanding of both the science and better tools to be able to undertake analysis of the evidence,” the statement said.
“Robert has always, consistently maintained his innocence.
“His story hasn’t changed.”
The mother of the three boys, Cindy Gambino-Mules, died in 2022, her family told ABC 7.30 a.m they did not support the new appeal.
The formal application is expected to be submitted later this year.
