Xie’s newsagent brother-in-law Min Lin, 45, his spouse Lily Lin, 43, the couple’s sons Henry, 12, and nine-year-old Terry, and Lily’s 39-year-old sister, Irene, suffered horrific head accidents once they have been attacked with a hammer-like object connected to a rope.
The now 56-year-old Xie is behind bars for the remainder of his life and is difficult his convictions within the Courtroom of Legal Enchantment.
Three of his eight enchantment grounds relate to DNA proof, together with a declare that proof given by scientist Dr Mark Perlin led to “a miscarriage of justice”.
Xie’s barrister targeted on testimony a couple of stain discovered on the convicted assassin’s storage flooring – 300 metres from the homicide scene – 10 months after the killings.
Ms Mitchelmore stated Dr Perlin’s proof utilizing a computer-based program known as TrueAllele was now being challenged in relation to the stain, merchandise 550.
However considerably, his proof utilizing the identical program in relation to a few blood samples discovered on the crime scene was not being challenged.
On the Supreme Courtroom trial, the Crown contended merchandise 550, was blood which “almost definitely” contained DNA of 4 Lin household victims and which Xie “transferred” instantly after the murders.
However the defence had argued the jury couldn’t be glad the stain was blood, but when it was, it couldn’t be glad it was swabbed in a approach that captured solely the stain, versus different materials on the storage flooring.
Ms Mitchelmore stated DNA proof raised by the defence on the enchantment was not led on the trial.
“The selections the applicant’s trial counsel made, considered objectively in that context, can’t be stated to have lacked any rational foundation,” she stated.
“There was no miscarriage of justice.”
Additional, “Dr Perlin’s proof, the style during which it was led, and the content material of the trial decide’s instructions didn’t, considered individually or cumulatively, give rise to a miscarriage of justice,” she stated.
The listening to is predicted to go for an additional 5 days.
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