Appeals of father-of-three’s killers thrown out

Justin McFarlane.
Justin McFarlane.
The appeals of three men convicted of murdering North Otago father-of-three Justin McFarlane have been dismissed and Mr McFarlane’s family say they look forward to moving on.

Kim Julius, Mr McFarlane’s sister and the family spokeswoman, said yesterday  she was "ecstatic" with the decision of the Appeal Court yesterday to throw out the appeals of Robert Cummings, Ryan Geary-Smart and Jacob Geary-Smart.

Cummings and Ryan Geary-Smart and Steven Boskell were sentenced in February last year to 18-year non-parole minimum prison sentences for the murder of 35-year-old Mr McFarlane, a dairy worker and small-time drug dealer.

Jacob Geary-Smart was sentenced to a 17-year minimum non-parole period.

Mr McFarlane was killed on September 11, 2013, after he was tied up with an electrical cord and his face covered in a sheet before being beaten by the four using a fire poker, beer bottle, golf club and stomping.

Cummings appealed his sentence, while the Geary-Smarts appealed their convictions and sentences.

The appeals were heard in September.

Ryan Geary-Smart appealed his conviction on the basis that there were errors in the judge’s summing up to the jury and the type of verdict for him should have been manslaughter.

He appealed his sentence because he thought the 18-year minimum non-parole period was excessive.

Mrs Julius, of Morven, said she understood the three men could appeal the Appeal Court decision to the Supreme Court, but hoped, for the sake of their families and her own, that they would accept their sentences and carry on with life.

"It’s a good outcome for us and we’re really happy. The justice system has worked for us."

The decision would allow the family  to get on with their lives.

She said it would be a comfort to  Mr McFarlane’s three sons.

Cummings’ lawyer, Anne Stevens, said her client did not intend to  appeal further.

Counsel for Ryan Geary-Smart David More said he had not had a chance to discuss it with his client.

Jacob Geary-Smart’s counsel, Judith Ablett-Kerr QC, did not return calls.

shannon.gillies@odt.co.nz