Matthew Davey to appeal sentence over ‘listening device’ in prison interview room

A convicted attempted murderer who set his girlfriend on fire has made a plea to a judge that his legs not be “chained” during his upcoming appeal against his conviction and sentence. DETAILS >

Matthew John Davey. Picture supplied

A convicted attempted murderer who set his girlfriend on fire has made a plea to a judge that his legs not be “chained” during his upcoming appeal.

Sitting in the dock of the Supreme Court of Tasmania before Justice Tamara Jago, Matthew John Davey said if he came to court “chained” he would “not be arguing” his appeal, and would ask for an adjournment.

His comments were made during a directions hearing ahead of his upcoming appeal next week.

“I feel restricted and disgusted,” Davey said.

“We are not going back to the convict days, I feel like I am some serial killer,

“Anyway the point I make is … unless there are some exceptional circumstances, I ask for an order that the chains be removed on the hearing day so I can freely represent myself,

“I am not some dangerous animal from the African jungle that needs to be restrained.”

Matthew John Davey. Picture supplied

Justice Tamara Jago said how Davey would come to the court is “yet to be known”, and that Davey was free to raise the issue before the appeal court.

Davey is currently serving a 22 year sentence for attempted murder, persistent family violence, trafficking in meth and unlawful trafficking in firearms.

He was sentenced in 2021 after a jury found him guilty of attempted murder, in which he threw accelerant on his partner before setting her alight in 2017.

The court heard that Davey in the appeal would be arguing that there had been a “miscarriage of justice” because a “listening device” had been placed into one of the interview rooms at Risdon prison during June to August 2017.

It was during that time Davey and his lawyer had discussions that were “privileged” in the rooms.

Justice Jago asked Davey if he had any evidence on which a court could conclude that any of their discussions were impacted by the presence of the device.

Matthew John Davey with ex partner. Picture supplied

“Not at the moment, your Honour, all I know is … everything I said in my evidence was recorded in that room,” Davey said.

Justice Jago in clarification asked if Davey was asserting that it had become apparent over the course of the trial that the prosecution had some information that should have been entitled to legal privilege.

“You’re saying a court could infer … because the instructions you gave to your lawyer were, what, known, to the prosecution – is that what you’re saying – prior to giving evidence?,” she said.

Davey agreed and said all “relevant material” he intended to show a miscarriage of justice occurred was now before the court.

He was remanded in custody.

Originally published as Matthew Davey to appeal sentence over ‘listening device’ in prison interview room