Greenough killer seeks appeal
Crucial DNA evidence used to convict Robin David Macartney of the 1999 murder of Lalita Horsman at Greenough beach has been challenged by expert reports, according to a petition lodged with Attorney-General Michael Mischin in the convicted killer's bid for a fresh appeal.
Lawyer David McKenzie, representing Macartney in his plea for another appeal, said he believed there was a strong case for Mr Mischin to grant the prerogative writ of mercy on the basis of expert reports which contradicted forensic evidence in the 2001 trial.
Mr McKenzie said full reports on DNA evidence had not been available until after Macartney exhausted his appeal options when the High Court dismissed his application to challenge his conviction.
He said the latest expert report concluded that DNA found on Ms Horsman's breast did not belong to Macartney.
It also found that DNA on a singlet at the scene that was accepted to be Macartney's semen could not be proved to be sperm and almost anybody in the community would be identified as possibly contributing to the sample.
Ms Horsman went missing after going for a walk to collect shells on December 5, 1999. Macartney was acquitted of wilful murder but convicted of the lesser charge of murder after facing a judge-alone trial before then Supreme Court Justice Henry Wallwork. He was sentenced to life in jail.
Justice Wallwork concluded Macartney had abducted Ms Horsman before killing her in the course of a sexual attack.
The DNA evidence on Ms Horsman and the singlet were among key pieces of evidence considered by Justice Wallwork in his finding that it had been proved beyond reasonable doubt he was responsible for the 27-year-old's death.
"When the evidence is all combined and in particular that the accused's DNA was found on Ms Horsman's breast and on her singlet, there is no doubt in my mind the accused man sexually assaulted her in some way at place B," Justice Wallwork said in his verdict.
Mr Mischin said he had referred the matter to the State Solicitor's Office.
