AN IPSWICH man, accused of stabbing himself to make his estranged wife's murder look like self-defence, is seeking a new trial, arguing evidence he had an "evil" and "creepy" expression while sharpening knives some time earlier should have been excluded at his last trial.
Milan Danny Susec, 59, is appealing the guilty verdict delivered after a trial into the stabbing death of Raelene Susec, 50, on February 18, 2010, at Eastern Heights. He was sentenced to life in prison after the trial in December, 2011.
While there were other grounds for appeal, barrister Michael Byrne focused on the facial expression evidence during his oral submissions to the Court of Appeal yesterday. He said the probative value of that testimony was overshadowed by how "enormously prejudicial" it was.
Mr Byrne said the witnesses did not hear any oral threats accompanying this alleged evil look two to four months before the stabbing.
He said facial expressions and people's interpretations of them were subjective, noting his client routinely sharpened his knives before cooking. Mr Byrne said it was unfair to place sinister connotations on his expressions which could be normal for him.
The Court of Appeal has reserved its decision.