Killer’s new legal team appointed
DARREN Ward Gale, who decapitated a vulnerable pensioner and flung his head from a bridge, has sacked the controversial Sydney lawyer he hoped would help free him from prison.
The convicted murderer, who buried Noel Ingham’s headless body in a shallow bush grave at Dulverton in July 2016, appeared in the Supreme Court of Tasmania yesterday with his new defence team.
Fabiano Cangelosi and Dinesh Loganathan have taken on the 54-year-old’s fight against conviction after he fired former lawyer Mai Truong.
Ms Truong’s work on the appeal was blasted by Justice Gregory Geason last November as the worst he’d witnessed in 30 years, with the lawyer responding she needed more time as the case was complex and technical.
Mr Cangelosi, appearing via video link, told the court he would likely abandon the grounds of appeal that Ms Truong previously filed, or at least vary them.
He said he would likely appeal on the grounds of an “unsafe and unsatisfactory verdict”, and argue the jury wasn’t given the option to find that a “lesser crime occurred”.
The West Ulverstone killer, who appeared via video link from Risdon Prison, has previously confessed to beheading Mr Ingham, but claims he only did so after the frail 58-yearold had already died by hitting his head on a fish tank.
Mr Cangelosi said Gale’s defence team needed another fortnight to settle on the new notice of appeal as Ms Truong had not yet responded to a file authority request. Crown prosecutor Jackie Hartnett said an appeal hearing would likely be heard late in 2020.
Gale first lodged a handwritten notice of appeal last August, claiming he wasn’t defended adequately and that the jury fell asleep, the prosecutor led witnesses and a member of the jury spoke to police.
Ms Truong filed an amended appeal last December, claiming a medical report into Gale’s mental and physical health was not provided to the court during his trial.
Mr Ingham’s head has never been found, meaning an autopsy was unable to determine his exact cause of death.
Gale, who is currently not eligible for parole until 2030, will return to court on June 4.