An Adelaide prisoner who has spent more than a decade in jail for the execution-style murder of his uncle has launched a fresh bid for freedom after the apparent deathbed confessions to the crime by another man.
Daniel Troy Ames, 49, has exhausted all legal avenues to appeal his 2011 conviction for the fatal shooting of his 68-year-old uncle Allan Ames at his Cavan workshop in November 2009.
But he will this month ask the Supreme Court for permission to appeal on the ground of fresh and compelling new evidence – a confession by convicted drug dealer Peter Lagerwey.
Court documents also reveal that investigating officer, Detective Rod Huppatz, has turned defence witness by admitting evidence linking Lagerwey to the victim was not disclosed during his trial.
Lawyers for Ames have been provided with a statement by a witness who claimed Lagerwey confessed to the murder in 2016 – two days before his death.
Documents state Lagerwey told his partner: "I was the one who shot Danny's uncle. I am the one who murdered his uncle".
The documents also reveal the 30-year-old told another person that he was "involved in a murder" and later disposed of the murder weapon.
In December 2011, Ames was sentenced to life in prison with a 24-year non-parole period.
He has already served almost half of his parole period.
Trial heard Ames had no motive
His trial before Supreme Court Justice David Peek heard the murder weapon had never been found and Ames had no clear motive to kill his uncle.
But Justice Peek convicted him of the crime, finding some of the most compelling evidence against him was that he lied to police about only visiting his uncle for 25 minutes that night.
Surveillance footage showed Ames had attended his workshop between 9:52pm and midnight.
Court documents state Detective Huppatz took a statement from a witness in May 2011, which outlined several admissions Lagerwey made, including being in possession of a "large amount of meth" taken from Mr Ames's workshop.
"The relevant police running sheet fails to summarise this discussion accurately, merely stating that the police received information that Lagerwey may have assisted Ames in some way by giving him the gun used in the murder or assisted disposing of it after," the documents state.
The appeal application states the prosecution failed to disclose the admissions to Ames and his legal team prior to trial.
"Lagerwey's connection to the victim and the evidence of his admitted involvement, as now revealed by the Huppatz statement, were not disclosed to Ames until 2021," the court documents state.
"In fact, the disclosure in the relevant running sheet was significantly misleading of the information actually in the possession of police."
The application to appeal states it can be inferred from the new evidence that Lagerwey entered the Cavan workshop after Ames had left and murdered his uncle.
"It is reliable, substantial and highly probative in the context of the central issue at trial – the identity of the killer," it reads.
