The man jailed for the 2011 stabbing death of two men in Moe has lost an appeal against his conviction.
In a rare visit to the Latrobe Valley, the Victorian Court of Appeal dismissed Newborough man Richard Stephen Devries’ application on Tuesday.
Devries’ defence barrister Dermot Dann argued there had been a miscarriage of justice in the trial involving the way the prosecution dealt with the evidence of witness Steven Turner.
Mr Dann argued the prosecution invited the jury to speculate on Mr Turner’s credibility in that he was dishonest in an attempt to protect Devries.
However, Justice Robert Osborn said the prosecution’s obligation was not to call “only on those they regard as credible”.
He said the prosecution could not have readily refused Mr Turner as he was an eyewitness.
In dismissing the appeal application, Mr Osborn said the prosecution did not invite the jury to speculate on Mr Turner’s credibility, the defence did not rely on his testimony and the judge had instructed the jury not to speculate.
Fellow judges Bernard Bongiorno and Kim Hargrave supported the dismissal of the application.
Devries was sentenced last year to 31 years’ imprisonment for the murder of Evan Hugh Rudd and manslaughter of Roy Theodore Poole, both 29, over a car park dispute at a block of flats in February 2011.
The court heard on Tuesday Devries planned to appeal the sentence and the matter was adjourned.
He is due to serve a minimum prison sentence of 24 years.
