Francis Wark, the convicted rapist who obtained a file jail time period for killing lacking WA teenager Hayley Dodd greater than 20 years in the past, is as soon as once more combating to clear his identify of the crime.

Wark, 65, has lodged paperwork with the WA Court docket of Enchantment saying he needs to attraction in opposition to each his conviction and sentence.

Whereas the attraction in opposition to the sentence has been accepted, a spokesman for the Court docket of Enchantment says the discover regarding Wark’s conviction has not been accomplished accurately and comprises “technical deficiencies”.

The ABC understands Wark is anticipated to be given the chance to appropriate the errors.

In a handwritten discover of attraction, Wark, who give his tackle as Hakea jail, stated he needed to attraction in opposition to the conviction on the grounds “the decision was an unsafe and unsatisfactory determination”.

He acknowledged his floor of attraction in opposition to his sentence was that “the sentencing choose erred in regulation by imposing a sentence that was manifestly extreme”.

The discover of attraction additionally stated Wark was not legally represented and that he can be making use of for government-funded authorized help.

The 18-year time period he obtained was the longest ever imposed in Western Australia for the crime of manslaughter after Justice Stephen Corridor dominated the killing of {the teenager} was within the worst class of the offence.

Hayley Dodd poses for a photo with her head resting on her right hand.
Hayley Dodd was final seen in July 1999 whereas strolling alongside a street in WA’s Wheatbelt.(

AAP: Australian Lacking Individuals Register

)

Wark was made eligible for parole after 16 years, but when he doesn’t disclose the place Hayley Dodd’s physique is, he must serve the whole time period below WA’s “no physique, no parole” legal guidelines, which have been launched after a marketing campaign began by {the teenager}’s mom, Margaret.

It’s the second time Wark has gone to the Court docket of Enchantment to attempt to his clear his identify.

His first attraction was in 2019 after he was discovered responsible by a Supreme Court docket choose of murdering the 17-year-old and sentenced to life with a 21-year-minimum.

That attraction succeeded after it was dominated the trial choose, who heard the case sitting with out a jury, had made an error in regulation by discounting Wark’s claimed alibis.

A smiling Hayley Dodd sits on a bed wearing a light blue school polo shirt.
Hayley Dodd’s physique has by no means been discovered.(

AAP: Australian Lacking Individuals Register

)

Nonetheless the Court docket of Enchantment dominated Wark ought to face a retrial.

That occurred earlier this yr earlier than a jury which discovered him not responsible of homicide, however responsible of the lesser offence of manslaughter.

Not like the primary trial, Wark gave proof testifying he had nothing to do with Hayley Dodd’s disappearance and denied below oath that he killed her.

{The teenager} was final seen alive strolling alongside a street in July 1999, close to a property Wark owned on the time close to Badgingarra in WA’s Wheatbelt area.

He maintained he was buying in Moora, about 50 kilometres away, on the time {the teenager} was final seen alive, however the jury rejected his testimony.

A wide shot showing WA Police forensic officers and a man in a hi-vis vest on a rural property inspecting the ground.
Police spent a number of days on the former property of Francis Wark in April.(

ABC Information: David Weber

)

Hayley Dodd’s physique has by no means been discovered regardless of repeated searches of the world — one as late as final week prompted by feedback Wark made at his trial a few water tank.

Once more nothing was discovered, however WA Police have vowed by no means to surrender searching for her.

Margaret Dodd and her household have additionally repeatedly pleaded with Wark to inform them the place Hayley is to allow them to lay her to relaxation correctly.

Share

  • Copy hyperlink
  • Fb
  • Twitter

Associated Tales

Violent rapist Francis Wark will get 18 years’ jail in retrial for killing of teenager Hayley Dodd

Mr Wark wearing a suit and looking down as he walks along.

Loving mom’s persistence helps catch daughter’s killer, however heartbreaking query stays

Francis John Wark, in a black suit, escorted down a street by a police officer, next to an archive photo of Hayley Dodd.
Extra on:
  • Badgingarra
  • Courts and Trials
  • Crime
  • Legislation, Crime and Justice





Source link

Avatar
Author

Leave a Reply

Your email address will not be published. Required fields are marked *