Jury not warned, court told

LAWYERS for a mechanic serving life sentences for the murder of a Mount Isa couple argue a “miscarriage of justice” occurred in his trial.

Brandon MacGowan’s legal team told the Court of Appeal yesterday the jury should have been more fully cautioned before they retired to consider the verdict. Barrister Angus Edwards said the jury wasn’t properly warned about drawing conclusions on murderous intent from the disposal of the victim’s bodies.

“There needed to be a consciousness of guilt-type direction,” he said. “It is reasonably possible that failure to do so may have affected the verdict.”

MacGowan was found guilty in the Cairns Supreme Court last August of murdering Scott Maitland and Cindy Masonwells after he collected them from the airport in July 2012. The pair had paid MacGowan $14,000 to repair their panel van, which he failed to do.

Their bodies were later found – Mr Maitland with a gunshot wound to the head, while Ms Masonwells had stab wounds. MacGowan is appealing against his conviction and 30-year non-parole period.

Mr Edwards argued the jury should have been directed not to assume that the disposal of the bodies meant MacGowan was guilty of murder.

Mr Edwards also argued the switch of weapons suggested a struggle occurred in the van and the killings were not deliberate.

“It (also) seems unlikely he would go and pick two people up at the airport in full view of people and CCTV,” he said.

Michael Cowen, QC, for the DPP, said intent was not the core issue of the trial before Justice Jim Henry and it would be difficult to see how it would impact the verdict.

Justices Holmes, Gotterson and Mullins have reserved their decision.