Christmas Day killer granted more time to appeal
A CONVICTED killer has been granted extra time to lodge an appeal after convincing a court he did not have access to a lawyer after his conviction.
In October 2016 Douglas Allan Phillips was found not guilty of murder, but guilty of the Christmas Day 2012 manslaughter of Robert "Jessie" Jordan.
A jury found Phillips and three others, Anthony David Joseph Phillips, Michael Robert Selmes, and Dallas Glenn Kincaid Dean, had tracked down Mr Jordan at a Caboolture home and coaxed him into coming outside.
There he was "viciously attacked". He was knocked to the ground where he was punched, kicked and stomped on repeatedly.
Mr Jordan was given assistance but died from the injuries he sustained during the attack.
Phillips was sentenced to 12.5 years in jail and unable to apply for bail until 2022 - 10 years after he was first arrested.
Phillips applied to the Queensland Court of Appeal for an extension of time to lodge an appeal against his conviction.
He told the court he did not have a lawyer after being jailed and did not know there was a period after which he could no longer appeal the sentence.
Justice David Boddice said he believed Phillips's claim because of how quickly the appeal was lodged.
"The speed within which (Phillips) thereafter filed the application for an extension of time within which to appeal is consistent with that explanation," he said.
Crown lawyers opposed the appeal as they said Phillips had no chance of winning an appeal against his conviction.
Justice Boddice said as the court had not been able to review a transcript of the trial he was unable to determine whether this was the case.
"Whilst the court does not have access to that transcript, (Phillips) has been convicted of a serious offence after having been acquitted of murder.
"The consequences of that conviction are dire.
"It is in the interests of justice that (Phillips) be afforded the opportunity to pursue an appeal against such a conviction."