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Newcastle Herald

National

Sam Rigney

Carly's mum 'relieved' as Newson's lawyers eye High Court appeal

Carly McBride Sayle Newson Sayle Kenneth Newson James Anthony Cunneen Julie Ward Winston Terracini Murder Muswellbrook

Sayle Kenneth Newson was found guilty of murdering Carly McBride (inset) at Muswellbrook in 2014. He later appealed against his conviction and sentence.

THE mother of Carly McBride, the young woman who was brutally murdered at Muswellbrook nearly a decade ago, says she is "relieved" her daughter's killer will remain behind bars after an appeal against his conviction was dismissed on Wednesday.

"Justice has been served again," Lorraine Williams told the Newcastle Herald.

"He stays where he is and where he belongs. "Carly, she has got a smile on her dial too, I know she does. It's a good day."

Ms Williams had again been waiting by the phone on Wednesday morning to hear the news that a three-judge panel of the NSW Court of Criminal Appeal had ruled 2-1 in favour of dismissing both the conviction and severity appeal of Sayle Kenneth Newson, meaning Ms McBride's jealous boyfriend will stay where he is until at least 2038.

"I'm feeling much better than I did an hour ago," Ms Williams said of waiting to hear the news. "I'm happy and relieved."

Newson's lawyers have said they are eyeing a potential appeal to the High Court of Australia after the dissenting judge ruled he would have quashed the murder conviction and ordered Newson face a new trial.

Newson, now 46, was in 2021 found guilty of murdering Ms McBride, a jury left with no doubt he was the person who intercepted the 31-year-old after she left a house at Muswellbrook on September 30, 2014, and inflicted a number of blows to her head and back before dumping her body near the side of a stretch of road outside Scone.

Ms McBride's skeletal remains were not found until August, 2016.

Lorraine Williams, Carly McBride's mother, said she was "relieved" her killer's appeal had been dismissed. Picture by Marina Neil

Newson, who had been in a brief relationship with Ms McBride at the time of her murder, was later jailed for a maximum of 27 years, with a non-parole period of 19 years and nine months, making him eligible for parole in August 2038.

Newson has long professed his innocence and after he was found guilty told the jury: "Youse have got it wrong. I'm innocent. I didn't do it."

Newson's lawyers, led by Sydney barrister Winston Terracini, SC, and Newcastle solicitor Mark Ramsland, filed a notice of intention to appeal the conviction as far back as 2021.

And the Herald revealed last year that Newson's lawyers were arguing he should be acquitted or a new trial ordered due to what they say were errors made by the judge, including not allowing the defence to explore an alleged "financial motive" of a key witness.

Carly McBride was murdered in 2014 but her body wasn't found until 2016. Her boyfriend at the time of her disappearance, Sayle Newson, was later convicted of her murder.

Mr Terracini also argued the jury should have been allowed to consider an alternative verdict of manslaughter and argued the judge failed to give an important direction to jurors.

But on Wednesday morning, after deliberating for some three months, any hopes Newson had of facing what would have been a third murder trial were dashed when Justice Julie Ward, the President of the Court of Appeal, and Justice Helen Wilson came to the view that the appeal should be dismissed.

Justice Des Fagan was the dissenting voice, but the all grounds appeal failed 2-1.

Sayle Kenneth Newson was found guilty of murdering Carly McBride at Muswellbrook in 2014. He later appealed against his conviction and sentence.

The judgment means Newson's conviction for murdering Ms McBride will remain and there was no adjustment made to his maximum 27-year jail term.

"The Court of Criminal Appeal today has dismissed Mr Newson's appeal against his conviction," Mr Ramsland said in a statement. "The judgment of the court is presently restricted, however, one of the judges presiding has provided a dissenting judgment and would have ordered a new trial and quashed the conviction on this appeal. We are now exploring whether a High Court appeal can be undertaken. The judgment is a lengthy one. Time will be needed to consider the position. Mr Newson continues to maintain his innocence in the death of Carly McBride."

Justice Ward said the CCA would restrict the published reasons in Newson's appeal until after the appeal for James Anthony Cunneen was determined.

Cunneen - who was convicted of dumping Ms McBride's body and lying to protect Newson - does not yet have a date for his conviction appeal judgment.

Cunneen was in 2022 found guilty of being an accessory after the fact to murder and later jailed for a maximum of seven-and-a-half years, with a non-parole period of four years.

During his appeal in October, Cunneen's legal team argued a conviction certificate showing Newson had been found guilty of murdering Ms McBride should not have been admissible during Cunneen's trial and said he should either be acquitted or face a re-trial.