Safety note: Admin approval is an initial review, not a guarantee that every detail is correct. Check important or urgent claims with official sources and report anything inaccurate or unsafe.
Queensland’s Court of Appeal has overturned a man’s previous acquittal in a 2009 alleged murder case, allowing a retrial after prosecutors presented fresh evidence that included alleged confessions.
Queensland’s Court of Appeal has ordered a retrial in a 2009 murder case, marking the first time a person in the state will face a murder retrial under its double jeopardy laws.
The man, whose identity cannot legally be published before the retrial concludes, was originally acquitted of involvement in the alleged killing of another man in Logan in 2009. He was arrested again in 2023 and charged in connection with the case after investigators obtained new evidence.
In March 2026, the Director of Public Prosecutions applied to the Court of Appeal to have the earlier acquittal overturned and a new trial ordered. Prosecutors argued that fresh and compelling evidence had emerged, including two alleged confessions made during conversations with police. The court granted the application on Tuesday, 13 October, quashed the previous acquittal and ordered the case to return to trial.
During the original proceedings, prosecutors had not alleged that the man personally caused the victim’s death. Instead, the case concerned allegations that he was present when a co-defendant killed the victim and knew about a plan to carry out the killing. The Court of Appeal heard that the man spoke to police in 2022 and 2023, several years after his acquittal. During those conversations, he allegedly told officers that he had been involved in the killing and had escaped conviction.
Police body-worn camera footage and recordings of formal interviews were presented to the court. In one recorded conversation, the man reportedly said he had recently become a Christian and wanted to confess because he believed he should tell the truth. In another interview, he allegedly described knowing about a plan to kill the victim and dispose of the body. The court considered whether these statements provided direct evidence that had not been available during the original trial.
The man’s lawyers opposed the application. They argued that the alleged confessions were unreliable, contained material inconsistencies and did not justify reopening a case in which he had already been acquitted. They also argued that a retrial would not serve the interests of justice.
However, the Court of Appeal concluded that the new evidence was sufficiently compelling to justify another trial. The court considered that the alleged confessions could support a prosecution case that the man had assisted the killing or participated in an unlawful common purpose with the co-defendant. Double jeopardy laws generally protect people from being tried again for an offence after an acquittal or conviction. Queensland legislation provides limited exceptions in certain serious cases where fresh and compelling evidence becomes available.
The legislation has been used only rarely in Queensland. Although the law had previously been invoked in an unrelated matter in 2018, that earlier application was ultimately dismissed by the Court of Appeal. The retrial will allow the new evidence to be examined through the criminal justice process. The court’s decision does not mean the man has been found guilty; the murder allegation remains to be determined at trial.
The case is significant because it demonstrates the narrow circumstances in which an earlier acquittal can be overturned under Queensland law.
CourtCaseBeenEvidenceRetrial
Queensland’s Court of Appeal has ordered a retrial in a 2009 murder case, marking the first time a person in the state will face a murder retrial under its double jeopardy laws.
The man, whose identity cannot legally be published before the retrial concludes, was originally acquitted of involvement in the alleged killing of another man in Logan in 2009. He was arrested again in 2023 and charged in connection with the case after investigators obtained new evidence.
In March 2026, the Director of Public Prosecutions applied to the Court of Appeal to have the earlier acquittal overturned and a new trial ordered. Prosecutors argued that fresh and compelling evidence had emerged, including two alleged confessions made during conversations with police. The court granted the application on Tuesday, 13 October, quashed the previous acquittal and ordered the case to return to trial.
During the original proceedings, prosecutors had not alleged that the man personally caused the victim’s death. Instead, the case concerned allegations that he was present when a co-defendant killed the victim and knew about a plan to carry out the killing. The Court of Appeal heard that the man spoke to police in 2022 and 2023, several years after his acquittal. During those conversations, he allegedly told officers that he had been involved in the killing and had escaped conviction.
Police body-worn camera footage and recordings of formal interviews were presented to the court. In one recorded conversation, the man reportedly said he had recently become a Christian and wanted to confess because he believed he should tell the truth. In another interview, he allegedly described knowing about a plan to kill the victim and dispose of the body. The court considered whether these statements provided direct evidence that had not been available during the original trial.
The man’s lawyers opposed the application. They argued that the alleged confessions were unreliable, contained material inconsistencies and did not justify reopening a case in which he had already been acquitted. They also argued that a retrial would not serve the interests of justice.
However, the Court of Appeal concluded that the new evidence was sufficiently compelling to justify another trial. The court considered that the alleged confessions could support a prosecution case that the man had assisted the killing or participated in an unlawful common purpose with the co-defendant. Double jeopardy laws generally protect people from being tried again for an offence after an acquittal or conviction. Queensland legislation provides limited exceptions in certain serious cases where fresh and compelling evidence becomes available.
The legislation has been used only rarely in Queensland. Although the law had previously been invoked in an unrelated matter in 2018, that earlier application was ultimately dismissed by the Court of Appeal. The retrial will allow the new evidence to be examined through the criminal justice process. The court’s decision does not mean the man has been found guilty; the murder allegation remains to be determined at trial.
The case is significant because it demonstrates the narrow circumstances in which an earlier acquittal can be overturned under Queensland law.
Authorities have closed four shops in regional Victoria suspected of selling illicit tobacco, marking the first such closures outside Melbourne and Geel...
A Brisbane magistrate has approved the transfer of Ashley Paul Griffith from Queensland to New South Wales, where he faces 202 additional charges relati...
Police have identified the remains found in a disused livestock dip near Terragon as 73-year-old Yvonne Whear, who had been missing since February. Inve...
Shumsheer Singh Ghumman, 47, has reportedly refused food in prison after alleging he was assaulted by fellow inmates. He has pleaded not guilty to 35 ch...
A Brisbane magistrate has approved the transfer of Ashley Paul Griffith from Queensland to New South Wales, where he faces 202 additional charges relati...
Emergency services recovered the body of a 22-year-old Japanese tourist from Millaa Millaa Falls after he failed to resurface while swimming with a grou...
A Queensland inquest has begun examining whether government agencies could have better protected eight-year-old Elizabeth Struhs, who died in 2022 after...
Queensland Rail reopened the affected tracks early Monday after a freight train derailed near Marlborough, while rail safety investigators examine the c...
Australia’s competition regulator has launched Federal Court proceedings against 12 egg producers and suppliers, alleging they coordinated production an...
Tesla has proposed a $3.5 million charging facility in Thurgoona, near the Hume Highway, with space to charge 37 electric vehicles simultaneously. The p...
Authorities have closed four shops in regional Victoria suspected of selling illicit tobacco, marking the first such closures outside Melbourne and Geel...
A Brisbane magistrate has approved the transfer of Ashley Paul Griffith from Queensland to New South Wales, where he faces 202 additional charges relati...
