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Wednesday, December 8, 2010

New Zealand - Murder conviction under appeal....

OFF THE WIRE
Source: stuff.co.nz
BLAIR ENSOR - The Marlborough Express
An appeal against patched Lone Legion Motorcycle Club member Aaron James Harvey's murder conviction could be heard in the Court of Appeal early next year.
Harvey's lawyer Jonathan Eaton told The Marlborough Express yesterday that exhibits were to be flown to a ballistics specialist in Britain and testing would be finished before Christmas.
"As soon as as we have the results we'll head back to court."
The case could be heard as early as February or March next year, Mr Eaton said.
On September 15, 2007, Carl MacDonald was shot dead during a confrontation outside the old Lone Legion clubhouse in Gascoigne St, Blenheim. Harvey was sentenced to life imprisonment with a minimum of 10 years for the murder in the High Court in Blenheim in 2008.
Three other men on trial with Harvey for murder were acquitted.
Mr Eaton said an appeal was lodged shortly after his conviction based on a miscarriage of justice, namely the way in which the ballistics evidence was filed in court.
It was due to be heard in August 2009, but the case was adjourned while ballistics testing was carried out.
If the Court of Appeal ruled in Harvey's favour a re-trial could be ordered.
Detective Richard Rolton, of Blenheim, confirmed he was taking court exhibits to Britain on Thursday.
MacDonald family spokesman Andrew MacDonald said the appeal showed Harvey was "desperate".
The family were upset, very unhappy and confused, Mr MacDonald said.
They were under the impression Harvey confessed to the murder and did not implicate anyone else. There was also security camera footage which showed Harvey firing the weapon, he said.