Fresh appeal sought in Australian case of father convicted in drowning of three sons

Robert Farquharson’s legal team say they are preparing a new appeal under Australia’s 2019 miscarriage-of-justice law, arguing that fresh and compelling evidence could cast doubt on the 2010 murder conviction for the drowning of his three sons. They point to recent research on how vehicles sink in deep water and to new assertions about cough syncope, a rare condition Farquharson says can cause a temporary loss of consciousness that might explain the crash.

On the evening of September 4, 2005, Farquharson and his three sons Jai, 10; Tyler, 7; and Bailey, 2, were traveling from Geelong toward Winchelsea after spending Father’s Day with him. Just after 7 p.m., the Holden Commodore left the road, plunging down a grassy embankment and through a fence into a dam near a former quarry. The car floated for about 28 metres before nose‑first sinking into the dark water. Farquharson escaped and swam to shore; his sons did not survive.

Farquharson was charged and, after a retrial, convicted of triple murder in 2010 and sentenced to life in prison with a minimum term of 33 years. He is imprisoned at Barwon Prison near Geelong, where he remains a high‑security figure, and his name has been scratched from the family headstone in the local cemetery.

The case has long drew international attention, in part because of Helen Garner’s book This House of Grief and its ongoing cultural footprint, including a wave of true‑crime podcasts. The renewed global interest comes as Farquharson’s legal team argues that the new appeal could expose a substantial miscarriage of justice.

Under the terms of the 2019 law, they must show fresh and compelling evidence that there has been a miscarriage of justice. The defense contends that two strands of new information warrant reconsideration: first, scientific research into how vehicles sink after entering deep water, which could influence interpretations of the car’s actions on that night; and second, Farquharson’s account of a coughing fit that precipitated a blackout, a phenomenon known as cough syncope, which they say could explain why he failed to control the vehicle and why the crash occurred.

Supporters say Farquharson was a devoted father whose life has been defined by tragedy. Michael Hart, a family friend, said Farquharson was a “dedicated father” who did everything for his children and would not have harmed them. Farquharson’s sister, Carmen Ross, said she speaks with him regularly and continues to believe he deserves careful consideration on appeal. Yet the case has always been emotionally polarized within the community; Cindy Gambino, the boys’ mother, initially supported her husband’s innocence but subsequently changed her position, telling jurors in 2009 that she believed he killed the children. Gambino died in 2022 at age 50, but her family says she held that view until the end.

The legal proceedings have glossed a long arc of contention about Farquharson’s behavior after the crash. Witnesses described a scene in which he swam to safety, then urged a passerby to drive him to his ex-wife’s house rather than to summon help for the boys. Shane Atkinson, the driver who stopped, recalled Farquharson’s statements, including a moment when the father reportedly said, “Oh no, f---, what have I done, what’s happened… I’ve killed the kids. They’ve drowned.” Minutes later, Cindy Gambino drove to the dam to search, and her partner Stephen Moules dived into the icy water as rescuers worked. Police divers located the car and recovered the bodies several hours later.

In the years since the 2010 conviction, the case has persisted in public discourse. The 2009 appeal that overturned Farquharson’s initial conviction led to his release on bail before the retrial; the 2010 jury returned to verdict again, and Farquharson has maintained that he told the truth about the night’s events. He has continued to write from prison, asserting that he believes the truth will prevail and that his name will be cleared. Critics and supporters alike watch closely as the new appeal process unfolds, a rare instance in which a long‑standing murder conviction could be revisited under contemporary standards and scientific discourse.

The tragedy itself remains a touchstone for the community and a case study for legal scholars, amateur sleuths and fans of true crime alike. As new evidence is evaluated and the legal timetable progresses, observers say the outcome could reverberate beyond the courtroom, shaping discussions about vehicle dynamics in deep water, the sometimes fragile nature of memory under stress, and how the justice system reconciles with evolving science. Whether Farquharson will gain relief or remain in prison is unclear, but the case has already achieved a renewed degree of international visibility that its proponents say is long overdue.