Appeal justices Bradley, Peter Flanagan and Debra Mullins on Thursday rejected all six of Cobby’s grounds for appeal and ruled he had failed to show the verdict of guilty was unreasonable.
Murdered mother-of-three Kym Cobby.Credit: Nine News – Twitter
“[Cobby] has failed to demonstrate that the fresh evidence of the results of the further DNA testing since the appellant’s trial gave rise to a significant possibility that a jury, acting reasonably, would have acquitted [Cobby] if the fresh evidence had been adduced at the trial,” Justice Mullins stated.
Cobby, then aged 59, was sentenced to life imprisonment for what trial Justice Peter Callaghan said was a clearly premeditated and sickening crime.
He admitted being present during the attack on the woman he had married more than three decades earlier – although they mostly lived apart from 2003 – but denied being responsible.
Instead, Cobby told police an unknown assailant was behind the killing, ambushing his wife as he was about to get into a red Chrysler he had borrowed.
Philip McCarthy KC for the prosecution told the appeal justices in 2024 that the new DNA results for the hammer were not materially different from what was presented at trial.
“The hammer is one strand amid 13 strands of evidence, one of which being that Cobby’s clothing was saturated with the blood of his wife,” McCarthy said.
AAP
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