Mackay murderer’s attempt to appeal fails
A MACKAY man convicted of murdering his de facto partner two days after she moved back in with him has had an appeal application dismissed.
It was Kenneth Michael Martin's second attempt at appealing his life sentence for killing the mother of his child at Slade Point in 2008.
Martin, who represented himself on Wednesday in the Brisbane Court of Appeal, told the judges "he deserved justice".
He was trying to secure an application for extension of time to appeal a conviction and for leave to introduce documentary evidence in support of his appeal.
Martin's first argument was that he was detained for more than eight hours without an application for an extended detention when he was first arrested.
He also argued police did not take him before a magistrate for 33 hours after his arrest, despite one being available.
Martin said it highlighted deprivation of liberty and unlawful detention.
He said the purpose of courts was not just to sentence those found guilty, but to ensure innocent people were not jailed.
But it was pointed out that he had not applied for special leave to appeal, having already had a 2011 appeal squashed.
Martin was jailed in 2010 for murder after a four-day trial.
He pleaded not guilty to murder and guilty to manslaughter, but the prosecution did not accept the guilty plea.
The woman and their daughter travelled back to Mackay from Rockhampton on December 18, two days before her death.
A woman testified at the 2010 trial that about two weeks before the woman's death, the woman said Martin had thrown a hammer at her and the child and threatened to kill her after an argument.
But another man testified Martin was a gentle man and the couple seemed happy.
- APN NEWSDESK