Maureen Boyce murder conviction thrown out
THE man convicted of killing former Brisbane model Maureen Boyce has won his appeal.
The Queensland Supreme Court of Appeal this morning ordered Thomas Chris Lang be retried.
Lang was convicted and sentenced to life imprisonment two years ago for the stabbing death of his 68-year-old lover at her Kangaroo Point home in October 2015.
This morning the court found there was a "real possibility that irrelevant but misleading evidence was used to convict the defendant".
Lang's legal team argued the trial judge had erred by admitting evidence of the suicide rates of Australian women into the trial.
During the trial it was agreed that Ms Boyce, who suffered from bipolar, was either killed by Lang or had committed suicide.
The prosecution was allowed to submit evidence from a medical journal that suicide was much rarer among women than men.
At the appeal Lang's lawyers argued the evidence "irrelevant", "highly misleading" and "occasioned further unfairness to (Lang)".
Appeal judges Justices Philip McMurdo, Robert Gotterson and Anthe Philippides agreed, saying it had "no significance"
"The prosecution case was that it was very rare for a woman, even with bipolar disorder, to kill herself, particularly by stabbing herself, which ... made it more probable that she had been murdered," their joint decision said.
" The fallacy in that argument is that the evidence signified nothing about the relative likelihood ... that she was murdered.
"The jury may have been persuaded by the evidence, especially when it came from a professional witness who was referring to a published paper in the Medical Journal of Australia."
Lang's conviction was quashed and a re-trial is expected sometime next year.
Lang will remain in custody unless he makes a successful bail application.