Politics · Australia · 2 hrs ago
Queensland court orders first murder retrial under double jeopardy laws
A man in Queensland will face a retrial over the alleged murder of another man in Logan in 2009.
His identity cannot legally be disclosed.
He was acquitted before, but prosecutors applied to retry him under Queensland’s double jeopardy laws.
They said fresh and compelling evidence included two alleged confessions.
His lawyers argued the confessions were unreliable and that a retrial would not be in the interests of justice.
The Court of Appeal granted the application on Tuesday, quashed the acquittal and ordered a retrial.
This is the first time Queensland has ordered a murder retrial under these laws, and the second time the laws have been used; the first case, in 2018, was ultimately dismissed by the court.
Queensland’s Court of Appeal has ordered a retrial for a man previously acquitted of murder.
It is the first murder retrial ordered under Queensland’s double jeopardy laws.
The man was charged again in 2023 over the alleged murder of another man in Logan in 2009.
Prosecutors argued fresh and compelling evidence included two alleged confessions.
The man’s lawyers argued the alleged confessions were unreliable and a retrial would not serve the interests of justice.
- Who
- A man who cannot legally be identified, previously acquitted of murder.
- What
- Queensland’s Court of Appeal quashed his acquittal and ordered a retrial under double jeopardy laws.
- When
- The court granted the application on Tuesday. The source does not state the date.
- Where
- Logan, Queensland; the order was made by Queensland’s Court of Appeal.
- Why
- Prosecutors applied for a retrial, arguing there was fresh and compelling evidence, including two alleged confessions.
Queensland Director of Public Prosecutions
The man’s lawyers
Evidence
Queensland Director of Public Prosecutions
Prosecutors said fresh and compelling evidence included two alleged confessions.
The man’s lawyers
The lawyers argued the alleged confessions were not reliable and there was a material inconsistency.
Retrial
Queensland Director of Public Prosecutions
The Director of Public Prosecutions applied for an order to retry the man.
The man’s lawyers
The lawyers argued a retrial would not be in the interests of justice.
Another man was allegedly murdered in Logan.
The man was arrested and charged for a second time in relation to the alleged murder.
The Director of Public Prosecutions applied to the Court of Appeal for an order to retry the previously acquitted man.
The Court of Appeal granted the application, quashed the acquittal and ordered a retrial.
Queensland’s first use of its double jeopardy legislation occurred in an unrelated matter that was ultimately dismissed by the Court of Appeal.
- Location
- Logan, Queensland
- Alleged murder
- 2009
- Second arrest and charge
- 2023
- Prosecution evidence
- Two alleged confessions
- Court
- Queensland Court of Appeal
Sources
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