Lawyers for a WA man who has spent the past decade in jail for a Boddington murder he claims he did not commit have officially lodged a fresh petition for clemency with the WA Government in an effort to clear his name.
Scott Douglas Austic was jailed for life in 2009 over the 2007 stabbing murder of Stacey Thorne in Boddington.
Austic was convicted after a trial in the WA Supreme Court and was ordered to serve a minimum of 25 years before being eligible for parole.
He appealed his conviction in 2010 but the appeal was dismissed.
Austic, his lawyers and his family have always maintained his innocence over the crime.
Fairfax Media understands Austic's legal team, Legal Pathways, sent a new petition to Attorney General John Quigley several days ago, which they hope will see him cleared of the murder.
'The knife and the Jim Beam can'
It's understood the new petition has been carefully drafted over several months by Austic's legal team, with the help of Malcolm McCusker QC.
It's understood the new petition highlights:
- Allegations that a knife, which prosecutors say was the murder weapon, was "planted" in a paddock opposite Stacey Thorne's home. The knife had her blood on it. It's believed the petition claims the knife was not the murder weapon at all and was not in the paddock when it was first searched by SES personnel.
- The petition also raises questions over a Jim Beam can found on a road verge near the victim's home. It had Austic's DNA on it. It's understood the petition claims the can was "placed" there and photographed later, again after a thorough search of the area.
Austic's lawyers and Mr McCusker declined to comment on the case this week.
A previous petition to overturn Austic's conviction was drafted in 2012 by Mr McCusker, before he was appointed WA Governor.
The crux of the 2012 petition was that a cigarette packet, which contained Ms Thorne’s DNA, was also planted at the crime scene.
Its understood the new petition again raises doubts about the cigarette packet.
Former Attorney-General Michael Mischin declined to refer the case back to the Court of Appeal when the first petition came to his office.
'This matter of Austic has been left lingering'
Mr Quigley has previously raised the Austic case in State Parliament, whilst in opposition.
"This matter of Austic has been left lingering too long," Mr Quigley told Parliament, in August 2013.
"It is not for this chamber, for any minister, for the Premier or for this Parliament to decide whether Austic is innocent or guilty of the crime as charged.
"It is for the Court of Appeal to decide that and it should go back to the Court of Appeal.
"I call on the government to urgently refer this matter back to the Court of Appeal."
'New appeal laws in the pipeline'
Meanwhile, Austic's legal team is hopeful "fresh and compelling evidence appeal laws" will be introduced in WA soon to help with their case.
The laws, also known as right to appeal legislation, are currently only in place in South Australia and Tasmania.
The legislation in those states allows people convicted of crimes to apply directly to the Court of Appeal, who can then determine whether or not the fresh evidence is sufficient to warrant an acquittal, or a retrial.
In WA, if a person convicted of a crime has exhausted all avenues of appeal, but then discovers fresh evidence, they must first get approval from the Attorney General for their case to be heard in the Court of Appeal.
Mr Quigley's office declined to comment on the new Austic petition this week.
"I'm not authorised to release information about correspondence received by this office," a spokesperson said.
The spokesperson said fresh and compelling evidence legislation was currently being drafted.
"We expect to introduce the Bill in the first half of this year," they said.
