NSW: Bruce Burrell again appeals Kerry Whelan murder finding

AAP General News (Australia)
12-18-2008
NSW: Bruce Burrell again appeals Kerry Whelan murder finding

SYDNEY, Dec 18 AAP - Bruce Burrell is again appealing his conviction for the 1997 murder
of Sydney woman Kerry Whelan.

The NSW Court of Criminal Appeal on Thursday began hearing his second conviction challenge.

The 55-year-old was jailed for life in 2006 after a NSW Supreme Court jury found him
guilty of kidnapping and murdering the 39-year-old mother, whose body has never been found.

She disappeared from a Parramatta car park in May 1997.

Last year, another line-up of the Appeal Court dismissed his conviction challenge,
but in July the High Court ordered a re-hearing of the appeal.

Last year's appeal judgment had referred to matters not in evidence at Burrell's trial,
but soon after the court handed down a new judgment upholding the convictions.

The High Court ruled the appeal court had no power to reopen the proceedings to fix its judgment.

Burrell was not present in the Sydney court on Thursday, as his QC, Ian Barker, argued
his appeal.

He contended the trial judge did not direct the jurors adequately about the way they
could approach the crown's circumstantial case.

The hearing is continuing before Justices Margaret Beazley, Michael Grove and Roderick Howie.

AAP mss/hn/mo

KEYWORD: BURRELL

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