Murder appeal is dismissed

CONVICTED killer Jamie Rex Teichmann’s attempt to get his murder conviction overturned has failed despite Queensland’s highest ranking judge calling for a retrial.

Teichmann was convicted of murder in September 2015. He appealed the conviction claiming the verdict was unreasonable and there was a miscarriage of justice regarding the trial judge’s directions to the jury.

In December 2010 Teichmann shot Carl Upson in the head with a shotgun. Mr Upson had been living on the same Lockyer Valley property as Teichmann.

Teichmann claimed the gun went off during a struggle between him and Mr Upson that began after Mr Upson threatened him with the gun.

Two of the three Queensland Court of Appeal justices dismissed the appeal. But Chief Justice Margaret McMurdo dissented, stating she believed a retrial was needed due to a miscarriage of justice.

At the end of the trial the judge told the jury that prosecutors alleged Teichmann lied to police and another witness about whether he had pulled the shotgun’s trigger.

Justice McMurdo said she believed the trial judge had given the jury incorrect advice regarding alleged lies.

But she was outvoted as justices David Boddice and James Douglas found the alleged lies had no impact on the outcome.

“The verdict of the jury was not unreasonable. A consideration of the evidence amply supports a conclusion that it was open to the jury to be satisfied beyond reasonable doubt of all of the elements necessary to establish guilt of the offence of murder,” Justice Boddice said. The appeal was dismissed. Teichmann is serving a life sentence in prison.