The State has asked for more time to detail its appeal bid against Lloyd Rayney's murder acquittal.
Mr Rayney, a barrister and former prosecutor, was found not guilty of murdering his estranged wife Corryn Rayney in 2007, with the judge finding there were unsurmountable gaps in the prosecution case.
The State of WA lodged an appeal against the acquittal within weeks of the verdict and last week confirmed that it had briefed one of the nation's top barristers, David Jackson QC, to argue its case.
Today, the Court of Appeal confirmed that the State had applied for an extension of time to file necessary submissions detailing its appeal case.
It is not uncommon for parties to make such requests, particularly in complex cases.
Mr Rayney's trial took three months, with prosecutors pointing to evidence including a place-card bearing the barrister's name which was found about 100m from Mrs Rayney's clandestine bush grave in Kings Park. The case was a circumstantial one.
Justice Brian Martin had found in his judgment that sometimes an “apparently incriminating piece has an innocent explanation that is not obvious”.
“Sometimes an apparently implausible explanation is true,” he had said in reaching his verdict.
At the time it lodged the appeal last November, the State had cited its draft grounds of appeal as:
"The trial judge erred in law in failing to apply the principles enunciated in R v Hillier (2007) 228 CLR 618 in relation to the assessment of circumstantial evidence in that his Honour assessed the circumstances in a piecemeal and sequential manner and failed to consider the circumstances as a whole.
"The trial judge erred in law in finding that the fact that the deceased was attacked at, or in the near vicinity of her house, did not alone establish guilt, for the nature of the circumstantial case was that no fact alone established guilt.
"The trial judge erred in law in concluding that the finding of the respondent’s dinner place card near the burial site did not prove guilt for the significance of that fact was not assessed together with the other circumstances, in particular, it was not assessed together with the accepted fact that the deceased had been attacked at or near her home."
At the time, Mr Rayney's lawyer, Laura Willox-Timpano, said her client's legal team was not troubled by the "surprising" appeal move."Whether the prosecution will even be given leave to appeal is a matter for the court," she had said.
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