Lawyers battle out Rayney appeal

The appeal against Lloyd Rayney's aquittal will begin on Tuesday. Picture: Supplied Source: News Limited

THE state's appeal against the murder acquittal of Lloyd Rayney is shaping up to be a battle of the barristers.

The Sunday Times has learnt Mr Rayney, who was last year cleared of killing his estranged wife Corryn, has hired top Sydney silk Bret Walker SC to represent him in the three-day appeal hearing this week.

Mr Walker recently represented big tobacco companies in their fight against the Federal Government's plain-packaging laws.

His opposing counsel is David Jackson AM QC, another top Sydney silk who specialises in appeals and constitutional law.

Senior counsel (QCs and SCs) can charge up to $10,000 a day.

But Mr Walker will be paid much less than his usual fee because Mr Rayney has been granted legal aid for the appeal. Following his three-month trial last year, it emerged Mr Rayney had received legal aid to cover the costs of his defence. The exact amount is unknown.

In his verdict last November, retired Northern Territory judge Brian Martin found Mrs Rayney, a Supreme Court registrar, was attacked either at or near her Como home and buried, possibly alive, in Kings Park in August 2007.
 
But he rejected the prosecution's argument that an attack at the home implicated Mr Rayney.

He said that while the evidence caused a strong suspicion about Mr Rayney, the prosecution case against the former barrister had "critical gaps" and was "beset by improbabilities and uncertainties".

He found Mr Rayney not guilty. Three weeks later the state lodged its appeal against the decision. Because the trial was judge-only, Justice Martin had to give reasons for his decision, whereas juries do not. This gives more scope for an appeal.

The state's draft grounds of appeal include that Justice Martin failed to consider all the circumstantial evidence as a whole.

 And he was wrong to dismiss the discovery of Mr Rayney's dinner-place card near the burial site because it was considered in the context of other circumstances.

Mr Rayney's instructing solicitor Adam Hills-Wright told The Sunday Times the defence would argue Justice Martin did consider all the evidence as a whole, and he was correct in his conclusion that the state's case was lacking in crucial evidence and beset by improbabilities and uncertainties.

The appeal will start on Tuesday.
 

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