The Cairns Post

Murderer stays in jail

Sweet relief for parents of slain man after judges dismiss killer’s appeal bid

- GRACE MASON grace.mason@news.com.au editorial@cairnspost.com.au facebook.com/TheCairnsP­ost www.cairnspost.com.au twitter.com/TheCairnsP­ost

AS the family of Philip Quayle prepare to mark three years since his death, they say news that his killer will remain behind bars has come as sweet relief.

Parents Lex and Pauline said they had been on tenterhook­s, worried that they may have to endure another trial if Jake Livingston­e, 23, had successful­ly appealed his murder conviction.

But as the Nelsonbase­d couple on New Zealand’s south island joined the rest of their country in celebratin­g Waitangi Day, they had double reason to be thankful.

“We’re thrilled with the outcome of the appeal,” Mr Quayle told the Cairns Post. “Commonsens­e has prevailed.”

February 26, 2015 was the day they lost their beloved son (left) who had initially moved over to Cairns with brother Rowan several years before.

They feel his loss every day, but admit with time it has become slightly easier.

“It’s still awful and it’s still terrible and we miss him heaps,” Mr Quayle said.

“It has gotten easier. I wouldn’t have said that a couple of years ago, but it’s not quite so raw, not quite so shallow.”

The decision to dismiss Livingston­e’s appeal was split by the Court of Appeal justices with one of the three, Justice Philip McMurdo, believing it should have been reduced to manslaught­er.

He argued the jury could not absolutely conclude Livingston­e’s actions that night would have been done with intent to kill.

But Mr Quayle said when two witnesses testified to him shouting “die” as he strangled Philip on the ground, that was enough for them. “As far as we were concerned that’s out and out murder,” he said.

He said a phone call Livingston­e made from jail where he boasted about the kill and his release on parole two days prior was also damning.

“From our point of view we thought it was brilliant because he basically hung himself,” Mr Quayle said.

 ??  ?? BEHIND BARS: Jake Livingston­e was convicted of murder.
BEHIND BARS: Jake Livingston­e was convicted of murder.
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