A convicted murderer sentenced to at least 27 years in jail has had his conviction quashed after Sydney judges found the key witness against him was "seriously psychiatrically unstable".
Scott Alan May, who has served nearly five-and-a-half years of a maximum 36 years' imprisonment for the murder of Andrew Heavens, was acquitted on Thursday by the Court of Criminal Appeal, with no retrial ordered.
It found a key witness in Mr May's trial was "incredible", and that there was a significant possibility Mr May was innocent.
Mr Heavens, 31, was shot three times in the chest in May 2003 in the grounds of Callan Park, near the former Sydney psychiatric hospital in inner-city Rozelle.
Mr May's childhood friend, Ryan Barry Burnes, pleaded guilty in 2007 to murder, contending he pulled the trigger at the behest of Mr May during a meeting between the three men.
The prosecution alleged Mr May wanted to take over Mr Heaven's heroin dealing business by obtaining his client base.
Burnes, a key witness in the trial, gave evidence that Mr May asked him if he would "go all the way" for him.
He alleged Mr May gave him a signal to shoot Mr Heavens by using the phrase "I am going back to get me (sic) wallet out of the car" and that he shot Mr Heavens as a result.
The trial heard Burnes had a long history of psychiatric illness and drug abuse and he admitted to hearing voices in his head.
Mr May, who has been in prison since January 2007, maintained he arranged to meet Mr Heavens at Leichhardt on the evening he was murdered, but he never showed up.
He appealed the guilty verdict on several grounds, including that the conviction was unreasonable and could not be supported by the evidence, and that directions given to the jury on the question of an extended joint criminal enterprise "occasioned a miscarriage of justice".
All three judges agreed the conviction should be quashed, but only two said a verdict of acquittal should be entered rather than a retrial.
Mr Heavens, 31, was shot three times in the chest in the grounds of Callan Park, near the former Sydney psychiatric hospital in inner-city Rozelle.
Mr May's childhood friend, Ryan Barry Burnes, pleaded guilty in 2007 to murder, contending he pulled the trigger at the behest of Mr May.
In September 2007, a magistrate had discharged Mr May, declining to commit him to face trial of a charge of murdering Mr Heavens, a slaying said to be drug-related.
But the Director of Public Prosecutions (DPP) later filed an ex-officio indictment, charging him with the murder.
Today, the NSW Court of Criminal Appeal quashed Mr May's murder conviction and entered a verdict of acquittal.
The judges said they could not be sufficiently satisfied that the jury ought not to have experienced a reasonable doubt.
They concluded that Burnes was a wholly incredible and unreliable witness.
Scott Alan May, who has served nearly five-and-a-half years of a maximum 36 years' imprisonment for the murder of Andrew Heavens, was acquitted on Thursday by the Court of Criminal Appeal, with no retrial ordered.
It found a key witness in Mr May's trial was "incredible", and that there was a significant possibility Mr May was innocent.
Mr Heavens, 31, was shot three times in the chest in May 2003 in the grounds of Callan Park, near the former Sydney psychiatric hospital in inner-city Rozelle.
Mr May's childhood friend, Ryan Barry Burnes, pleaded guilty in 2007 to murder, contending he pulled the trigger at the behest of Mr May during a meeting between the three men.
The prosecution alleged Mr May wanted to take over Mr Heaven's heroin dealing business by obtaining his client base.
Burnes, a key witness in the trial, gave evidence that Mr May asked him if he would "go all the way" for him.
He alleged Mr May gave him a signal to shoot Mr Heavens by using the phrase "I am going back to get me (sic) wallet out of the car" and that he shot Mr Heavens as a result.
The trial heard Burnes had a long history of psychiatric illness and drug abuse and he admitted to hearing voices in his head.
Mr May, who has been in prison since January 2007, maintained he arranged to meet Mr Heavens at Leichhardt on the evening he was murdered, but he never showed up.
He appealed the guilty verdict on several grounds, including that the conviction was unreasonable and could not be supported by the evidence, and that directions given to the jury on the question of an extended joint criminal enterprise "occasioned a miscarriage of justice".
All three judges agreed the conviction should be quashed, but only two said a verdict of acquittal should be entered rather than a retrial.
Mr Heavens, 31, was shot three times in the chest in the grounds of Callan Park, near the former Sydney psychiatric hospital in inner-city Rozelle.
Mr May's childhood friend, Ryan Barry Burnes, pleaded guilty in 2007 to murder, contending he pulled the trigger at the behest of Mr May.
In September 2007, a magistrate had discharged Mr May, declining to commit him to face trial of a charge of murdering Mr Heavens, a slaying said to be drug-related.
But the Director of Public Prosecutions (DPP) later filed an ex-officio indictment, charging him with the murder.
Today, the NSW Court of Criminal Appeal quashed Mr May's murder conviction and entered a verdict of acquittal.
The judges said they could not be sufficiently satisfied that the jury ought not to have experienced a reasonable doubt.
They concluded that Burnes was a wholly incredible and unreliable witness.
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