Daniel Ames launches new appeal bid for murder conviction of his uncle after another man’s deathbed confession

He’s served 10 years’ jail, now this convicted murderer wants a retrial after another man’s deathbed confession, amid claims key evidence was kept out of his trial.

A prisoner who has spent a decade behind bars for his uncle’s murder should be retried because another man confessed to the crime on his deathbed, a court has heard.

The Court of Appeal has also heard accusations one of the SA Police detectives who arrested Daniel Troy Ames never disclosed evidence linking that now-dead man to the murder.

It heard Detective Rod Huppatz had taken a witness statement about convicted drug dealer Peter Lagerwey’s role in the incident, but it was not given to Ames’ lawyers until 2021.

Lagerwey, the court heard, also confessed in 2016 to his wife and a friend that he had murdered Ames’ uncle, Allan – and then died two days later.

Daniel Troy Ames outside the Supreme Court in Adelaide during his trial.

The trial of Daniel Troy Ames for the murder of his uncle on a site visit to the scrap-metal workshop in Cavan.

“I was the one who shot Danny’s uncle … I am the one who murdered his uncle,” Lagerwey allegedly told his partner before his death.

Murder victim Allan Ames.

He also allegedly told another person he was “involved” in the murder and disposed of the weapon used.

Allen Ames, 68, was shot at close range and killed at his Cavan workshop in November 2009.

Two years later, Daniel Troy Ames was found guilty of murder by Justice David Peek, following a trial in the absence of a jury.

Justice Peek was satisfied, beyond reasonable doubt, that the case against Ames was “cohesive and overwhelming”, and jailed him for life with a 24-year non-parole period.

He reached that verdict despite hearing evidence that Ames had no motive to commit the crime, and that the murder weapon had not been recovered.

In addition to having pleaded not guilty, Ames has always maintained his innocence of the crime.

He admitted visiting his uncle on the night of the murder but insisted he left with the older man having locked the gate behind him.

Ames has already served more than 10 years of his non-parole period, having exhausted his previous avenues of appeal.

On Thursday, counsel for Ames said their client was not seeking to have the Court of Appeal acquit him of murder, merely to order a retrial on all of the evidence.

Police at the murder scene in the days after the shooting.

Lagerwey’s friend, Craig Peterson, told the court he was present in hospital when his friend confessed to the murder.

“Peter told me about his involvement in the murder, saying he had murdered Allan Ames,” he said.

He said he told several Adelaide lawyers, including Eugene McGee, Stacey Carter and Chloe Kourakis, about the conversation because he “wanted legal advice”.

However, he was unsatisfied with their reactions.

“I didn’t think that anyone was taking this seriously, to be honest... I did not think it was going anywhere,” he said. “In my head I believed it was not going places.”

Mr Peterson said Ms Carter told him to bring Lagerwey’s partner in to speak to her, but she declined.

“She wanted to move on with her life, she wanted nothing to do with police or courts or anything,” he said.

Jim Pearce QC, prosecuting, suggested there was another reason.

“She thought your idea was crazy and that you were making this up,” he said.

Mr Peterson said he “strongly” disagreed with that.

Ames also took the stand, saying his uncle had asked him to visit that night to assist in resolving an intra-family dispute.

He said that, prior to his uncle’s call, he had been spending time with Lagerwey.

“He had come to see me, he wanted to meet my tattoo artist, then he asked if he could come train at my house (in my gym),” he said.

Asked if the pair had been friends, Ames described theirs as “more of a social relationship”.

“Peter was, well, we became friendly but that doesn’t mean you are going to share your deepest secrets with someone,” he said.

He agreed he had showered and changed clothes both before and after visiting his uncle, but said that was due to having a new tattoo and the state of Allan Ames’ shed.

“You can suggest what you want, but when I was in the shed it was an actual s--thole,” he said.

“I had been in a filthy workshop, I was not going to jump into bed without having a shower.”

Ames said he missed three phone calls from Lagerwey while he showered, and then called him back.

“He was very quiet, very vague, really... I won’t say ‘evasive’, just vague on the phone,” he said.