The judgment in the State’s bid to force former prosecutor Lloyd Rayney to face a retrial after his wilful murder acquittal will be delivered on Monday.
Mr Rayney was found not guilty in November of murdering his wife Corryn, a Supreme Court registrar, in August 2007 after a 12-week judge alone trial last year.
Three interstate judges, recruited because of the estranged couple’s legal professions, heard the appeal against Mr Rayney’s acquittal over a two-day hearing last month.
Mr Rayney was accused of killing his wife and burying her in a bush grave in Kings Park.
He has always denied any involvement in his wife’s death and maintained police failed to find the real killer because they concentrated on him as a high-profile prime suspect.
Former Northern Territory chief justice Brian Martin, who presided over Mr Rayney’s trial, acquitted the barrister after finding the prosecution case raised suspicions but was “beset by improbabilities and uncertainties”.
During last month’s appeal hearing, the State argued Justice Martin had adopted the wrong approach and failed to consider the circumstantial evidence as a whole.
It submitted that the “smoking gun” in the case – a dinner place-card bearing his name found near the bush grave – and a lie about how the card may have got there were not given proper weight.
But Mr Rayney’s legal team argued there was insufficient evidence to link him the grave or an assault on his wife that Justice Martin found had occurred at or near the family’s Como home.Mr Rayney’s lawyers also filed a notice of contention during the appeal, arguing Justice Martin’s verdict was correct, but for different reasons which should have supported more of the defence arguments during the trial.