A MAN who shot Norman Cheney in the head near Esk and hid him in a barrel encased in concrete has lost his bid to overturn his murder conviction.
In December 2013, Anthony Charles Oliver was found guilty of murdering Mr Cheney and was sentenced to life in jail.
He appealed his murder conviction and on Tuesday Queensland's highest court dismissed his appeal after three justices found there had not been a miscarriage of justice.
A Queensland Court of Appeal judgment from Justice Robert Gotterson said Mr Cheney's body was found in a barrel which was discovered in the Caboolture River following flooding in February 2012. Mr Cheney had a gunshot wound to the back of his head that showed he had been shot at close range.
Oliver admitted he shot Mr Cheney at nightfall on the side of a road after they had been travelling together in a car.
Oliver said Mr Cheney forced him to drive to Esk and was drug affected and that Mr Cheney assaulted him in the front seat of the car and poured petrol on him.
During a struggle Oliver said he noticed a gun and picked it up and pulled the trigger to save his own life.
Justice Gotterson said evidence also showed Oliver hid a hand gun inside a Snoopy dog toy and gave it to someone else to store for him.
Oliver appealed his murder conviction with his legal team arguing the judge at his trial failed to direct the jury in properly assessing whether the prosecution had proved he had an intent to kill.
Justice Gotterson agreed the jury were misdirected but did not find there had been a miscarriage of justice.
He said a gunshot wound to the back of the head would have provided enough conclusive evidence for a jury that Oliver had a murderous intent.
"...(Mr Oliver) has not, in my view, established that it is reasonably possible that the misdirection may have affected the jury's verdict," Justice Gotterson said.
Oliver's appeal was dismissed. - APN NEWSDESK
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