Detectives on Monday charged a man over a 2009 murder after they say they received fresh and compelling evidence in December last year.
Queensland police will apply to the Court of Appeal to retry a man already acquitted for murder, in the second time the state has seen double jeopardy legislation used.
Logan detectives on Monday charged a man over a 2009 murder after they say they received fresh and compelling evidence in December last year.The media are unable to identify the man or the victim because of legal restrictions under the double jeopardy provisions. The law was introduced in 2014 allowing police to charge a person with murder a second time if compelling evidence emerged that was not available at the time of the original trial.“Application will be made to the Queensland Court of Appeal to apply for a previously acquitted person to be retried for the offence of murder,” police said in a statement.
Detective Chris Knight said the arrest showed the persistence of investigators to achieve justice for victims of crime.In the first time the legislation was used, the Court of Appeal dismissed the Director of Prosecutions’ case in 2019 to retry a Queensland man, who was acquitted over a brutal stabbing murder in the 1980s.
The prosecution had argued DNA that was found at the scene could have come from skin cells, not just blood cells, but the application was dismissed because the evidence had been destroyed, meaning retesting could not be completed.
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