Murder appeal in dispute

THE lawyer representing a North-West man who is appealing against a murder conviction has filed an amended appeal document following a blast from a Supreme Court judge last month.

Justice Gregory Geason told Sydney-based lawyer Mai Truong he needed a “settled notice of appeal with settled grounds and particulars” when she appeared before him three weeks ago.

He also told her at that time that her work on Darren Ward Gale’s appeal “falls far short of what is needed to advance this case”.

Gale was sentenced to 23 years’ jail on August 2 after being found guilty of murdering his Ulverstone flatmate Noel Joseph Ingham, 58, in 2016. According to the document filed yesterday, Gale maintains his appeal against his conviction and sentence.

The new ground of appeal is that a medical report, relating to Gale’s mental and physical health, was not provided to the court by his lawyer at trial.

Gale also maintains previously stated grounds of appeal that include his belief that his trial lawyer did not represent him “adequately or competently”, that three jury members fell asleep during the trial, that the Crown prosecutor led witnesses and a jury member spoke to police when they were not supposed to.

Gale is also arguing that evidence was “manipulated” by the prosecution.

At yesterday’s directions hearing, a Crown prosecutor told the court there were some “areas of dispute that the state has” and time would need to be set aside for legal argument.

Justice Geason said the argument should be had before appeal books were prepared because of the considerable cost associated with the preparation of appeal books. He asked the Crown to make submissions in writing and told Ms Truong she would have an opportunity to reply in writing.

Ms Truong told the court security camera footage of the courtroom where the trial was held would be part of the appeal. Justice Geason adjourned the matter for argument on February 21.