CONVICTED killer Jamie Rex Teichmann's attempt to get his murder conviction overturned has failed despite Queensland's highest ranking judge calling for a retrial.
Teichmann was convicted of murder in September 2015. He appealed the conviction claiming the verdict was unreasonable and there was a miscarriage of justice regarding the trial judge's directions to the jury.
In December 2010 Teichmann shot Carl Upson in the head with a shotgun. Mr Upson had been living on the same Lockyer Valley property as Teichmann.
Teichmann claimed the gun went off during a struggle between him and Mr Upson that began after Mr Upson threatened him with the gun. Days before Teichmann had killed another man - Michael Manson.
Two of the three Queensland Court of Appeal justices dismissed Teichmann's appeal. But Chief Justice Margaret McMurdo dissented, stating she believed a retrial was needed due to a miscarriage of justice.
At the end of the trial the judge told the jury that prosecutors alleged Teichmann lied to police and another witness about whether he had pulled the shotgun's trigger.
Justice McMurdo said she believed the trial judge had given the jury incorrect advice regarding alleged lies.
"It is true that there was other evidence upon which the jury could have concluded beyond reasonable doubt that the appellant engaged the trigger of the shotgun causing it to discharge. But that was by no means inevitable on the evidence,” she said.
But she was outvoted as justices David Boddice and James Douglas found the alleged lies had no impact on the outcome. Justice Boddice said he did not believe the trial judge's directions led to a "significant risk an innocent person has been wrongly convicted of the offence”.
"The verdict of the jury was not unreasonable. A consideration of the evidence amply supports a conclusion that it was open to the jury to be satisfied beyond reasonable doubt of all of the elements necessary to establish guilt of the offence of murder,” he said.
Justice Douglas agreed with Justice Boddice and said the jury did not need to decide on whether he had lied about pulling the trigger because "other evidence pointed convincingly to that conclusion independently”.
The appeal was dismissed. Teichmann is serving a life sentence in prison.
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