JAMES Anthony Cunneen, who helped dump the body of murdered mother Carly McBride and lied to police to protect her killer, will attempt to have his conviction overturned as part of an appeal to the state's highest court next month.
Cunneen, now 32, was last year found guilty of being an accessory after the fact to murder over the brutal death of Ms McBride, a jury finding he knew all along what happened to the "missing" mother.
Cunneen knew because his mate, Ms McBride's boyfriend Sayle Kenneth Newson, told him on the afternoon of September 30, 2014, that he had just picked her up in Muswellbrook and, in a jealous and ice-fuelled rage, bashed her to death.
And then, shortly after hearing that shocking news, Cunneen and Newson put their heads together and came up with a plan to dispose of Ms McBride's body, create a false alibi for Newson and point the finger at Ms McBride's ex-partner.
Ms McBride's skeletal remains were found in bushland at Owens Gap in August, 2016.
Newson was found guilty of murder in 2021 and was later sentenced to a maximum of 27 years in jail, with a non-parole period of 19 years and nine months.
Cunneen's conviction appeal was mentioned briefly on Thursday when it was confirmed he would face a one-day hearing in the Court of Criminal Appeal in Sydney in October.
Among the grounds of appeal filed by Cunneen's legal team is that the certificate of conviction against Newson for Ms McBride's murder should not have been admissible in Cunneen's trial.
The Newcastle Herald revealed in June that lawyers for Newson were arguing the 46-year-old should be acquitted or a new trial ordered due to what they say were errors made by the judge, including not allowing the defence to explore an alleged "financial motive" of a key witness.
After Newson's second trial in Newcastle Supreme Court the jury were left with no doubt he was the person who intercepted the 31-year-old after she left a visit with her daughter at Muswellbrook on September 30, 2014, and inflicted a number of blows to her head and back.
A short time later, Newson drove to Cunneen's house and the pair agreed to cover up the murder, travelling via backroads to Scone and Owens Gap before they dumped Ms McBride's body in bush about 26 metres off Bunnan Road.
"I am satisfied beyond reasonable doubt that [Cunneen] assisted Newson to dispose of Carly McBride's body on the afternoon of 30 September 2014, knowing she had been murdered by Newson in a fit of jealous rage," Judge Phillip Mahony said in his judgment in November. "I am also satisfied beyond reasonable doubt that [Cunneen] told lies to police so as to assist Newson. "I am further satisfied that thereafter, until his arrest and trial, the offender remained loyal to Newson, knowing that Newson had murdered Carly McBride."
Cunneen was jailed for a maximum of seven-and-a-half years, with a non-parole period of four years.
He is currently eligible for parole in 2026, while Newson is not eligible for release until 2038.
CARLY McBRIDE MURDER COVERAGE:
- James Cunneen found guilty of dumping body, helping killer Sayle Newson
-
Killer's mate 'could have said something' and ended two years of uncertainty and heartache
- Lawyers for Carly McBride's killer Sayle Newson file appeal following conviction for Muswellbrook murder
- Sayle Newson's appeal for murdering Carly McBride to be heard in Newcastle in December
