Craig Warhurst

Scott loses murder appeal

ALMOST "six months of hell" is over for the family of Peter Brady after the appeal by his murderer Phil Scott against his conviction was dismissed by the supreme court of appeal in Brisbane yesterday.

"It is the end of almost six months of hell for us," Tony Brady said. "The whole family has been suffering through this, but now it is finally over."

"It's a good day, a very good day. The DPP phoned me to confirm the appeal by Phil Scott has been quashed, he stays in for the full term."

Mr Brady said since the murder conviction appeal had started all of Peter's relatives had been living a nightmare that they would again have to sit through another murder trial but that weight had now been lifted.

Philip Tonal Scott, 77, a former undertaker, of Pie Creek, was jailed for life on December 1 last year after being found guilty in the supreme court in Brisbane of murdering Peter Brady at Rainbow Beach on June 30, 2008.

During the 11 day trial, the court was told Scott shot Mr Brady with a 9mm pistol because he was moving out of the family home.

Scott admitted shooting the 39-year-old father of two, who had been the captain of the Rainbow Beach Fire Brigade for 12 years, but claimed it was an accident.

He told police he wanted to give Mr Brady the "fright of his life" in the hope he would try to mend the relationship with his daughter.

Scott - an experienced marksman with the Gympie pistol club - shot Mr Brady when his son-in-law went to his former home to retrieve some possessions on the evening of June 30.

The court was told the bullet had penetrated Mr Brady's lower left back and exited his right upper chest passing through several of Mr Brady's organs and severed major arteries, filling his stomach with blood.

The wound track was consistent with the deceased bending over at the time he was shot.

Peter Brady died in a neighbour's yard a short time later but not before telling two neighbours who was responsible.

Despite initially denying he had shot Mr Brady Scott later mad admissions to police.

Scott took his case to the court of appeal in Brisbane on June 24, arguing the conviction was unsound because the trial judge failed to properly direct the jury on aspects of evidence.

His lawyers also claimed the judge failed to properly sum up the defence case to the jury at the end of the trial.

In a written judgment handed down yesterday, all three court of appeal judges rejected the arguments, finding the judge had given a balanced and accurate account of the evidence in both cases.

Gympie Times

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