Aaron Bunch Journalist with Australian Associated Press | Collection of published work | + 61 484 008 119 | abunch@aap.com.au

Aaron Bunch
Queensland murder ‘was self-defence’

A Darling Downs man who murdered another man after a fight at a bowls club has appealed his conviction on the grounds the verdict was unreasonable.

March 19, 2020

A Queensland man sentenced to life in prison for murdering a man after a fight at a bowls club has appealed his conviction on the grounds the verdict was unreasonable.

Kevin Patrick Hanley, 72, fatally shot Matthew Morcus, 46, at close range on a Darling Downs property in October 2016.

The pair scuffled early in the evening at the Millmerran Memorial Bowls Club after Mr Morcus attempted to head-butt his girlfriend, Rachel Binns, during an argument.

Mr Morcus also threatened to kill Hanley, defence lawyer Angus Edwards told the Queensland Court of Appeal Thursday.

Concerned for Ms Binns and her young daughter, Hanley later grabbed his .22 calibre rifle and drove 12km to their home, where he found Mr Morcus again arguing with Ms Binns.

Mr Edwards said Mr Morcus called Hanley an “old fella” before moving quickly towards him and grabbing the barrel of the weapon.

“The next thing I heard the gun go off,” Mr Edwards said, reading in court his client’s statement to police.

Witnesses at the house told officers they heard “grunts and stomping” that sounded like two men fighting.

Hanley denied intentionally killing Mr Morcus, saying he never raised the rifle to a firing position.

But the jurors disagreed and found him guilty of murder.

Mr Edwards argued the evidence presented to the jury during the trial didn’t allow it to decide if there was a struggle between the men.

He said the verdict was unreasonable and the jury should have found the shooting was an accident, or Hanley acted in self-defence.

But prosecutor Sarah Farnden says Hanley took a loaded gun to the house and deliberately chambered a round.

She said there evidence about the trajectory of the bullet through the body suggested the barrel of the gun had been raised.

Ms Farnden also discounted the evidence of a struggle between the two men before the shot was fired.

It was merely evidence of movement, she said.

A full bench of the Appeal Court reserved its decision.

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