September 26, 2013

Court of Appeals Expressed Concern Over Dismissed GayJuror

Rae Wilson
QUEENSLAND'S highest court has expressed concerns about a juror's dismissal after beginning deliberations which convicted a man for his role in a fatal stabbing.
Ipswich man Anthony Scott Roy Warwick was convicted in April for fatally stabbing Graham Livingstone in November, 2011, after he became convinced he was having an affair with his gay lover.
He escaped a murder conviction, but the jury found him guilty of malicious intent to cause grievous bodily harm.
The jury could not reach a verdict on the role his boyfriend Allen Lee Divo played in the incident.
Justice Ros Atkinson sentenced Warwick to seven years and eight months jail declaring the incident a serious violent offence which means he must serve 80% of the sentence.
However, yesterday Supreme Court of Appeal president Justice Margaret McMurdo expressed concerns surrounding the jury member's dismissal after deliberations began.
"The issue surrounding the discharging of a juror due to the time pressures of that individual is concerning," she said."
"There were certainly some unusual events surrounding the discharging of that juror.
"It is something the court is very concerned about."
Warwick, who represented himself, told the court Legal Aid Queensland had knocked him back for his appeal.
"I have tried to get some legal advice which I am in the process of doing," he said."But, I have been kicked around by Legal Aid."
Justice McMurdo told Warwick he had been refused Legal Aid because he did not submit the necessary forms in the correct timeframe.
She adjourned the matter for a future date and recommended Legal Aid reconsider its decision based on the concerns raised in the court.

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