A 67-year old mother and grandmother have successfully had her conviction overturned before the Queensland Court of Appeal.
After her trial before the Mackay District Court in November 2020, a jury found her guilty of assisting her son to flee the country to avoid major drug charges himself, as well as three counts of lying to the Supreme Court regarding her son’s disappearance.
Prosecutions argued that our client conspired with her son to avoid his 2015 Supreme Court trial for the importation and trafficking of cocaine. Approximately one month before that trial commenced, her son disappeared, to eventually be found in the Philippines almost precisely two years later.
The conviction came on Day 9 of the trial after the defence had called a number of witnesses, including a handwriting expert, to rebut the prosecution case. Despite maintaining her innocence and producing evidence to support her claim, clearly, the jury accepted the prosecution case.
As a result of the convictions, she was sentenced to 4 years imprisonment, of which she was ordered to serve at least two years.
Shortly after her trial, an appeal was filed seeking the convictions to be overturned.
Bosscher Lawyers appeared in the Court of Appeal on the 15th day of September 2021. They successfully argued that the convictions ought to be overturned due to the defence being prevented from presenting certain evidence at the trial.
Whilst a written judgment will be published by the Court of Appeal in due course, the court made orders immediately after the hearing, including that our client was successful in her appeal and released from custody.