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Daniel Morcombe: Brett Cowan conviction appeal

BRUCE and Denise Morcombe have reacted to the Brisbane High Court’s refusal to grant Daniel Morcombe’s convicted killer Brett Cowan leave to appeal his murder conviction.

The undercover operation that caught Daniel Morcombe's killer

THE parents of Daniel Morcombe have spoken outside Brisbane High Court following the decision to refuse to grant Daniel’s convicted killer Brett Cowan leave to appeal his murder conviction.

Outside court, Mrs Morcombe expressed relief the case was “done and dusted” and said she was glad the family’s diary, finally, would no longer be marked with upcoming court dates.

“I have no doubt they’ve made the right decision in this case and congratulations to them,” Mr Morcombe said outside court.

FULL STORY: Inside story of the man who killed Daniel Morcombe

But Mr Morcombe said it was also important that Daniel’s memory doesn’t fade in the community’s consciousness.

“Daniel’s name is on everybody’s lips - don’t forget him, don’t forget his legacy,” he said.

“We can use Daniel’s story to make sure future kids are safe.”

Morcombes react to Cowan decision

Mr Morcombe thanked all the detectives who worked on the case, SES volunteers who helped fined Daniel’s body, the media and the public for never forgetting the 13-year-old, but he slammed the appeal process, saying it was “not right”.

“It is a very sad story, at least we have got a full stop to that,” he said.

“I think people can sleep well tonight, other than Mr Cowan himself.”

“It’s a terrible waste of the public purse. He chose not to take the stand and declare under oath what his movements were, that would have improved his credibility.”

Mr Morcombe said it was important not to forget Daniel now the legal process is over.

“The challenge for everybody is Daniel’s name is on everybody’s lips, don’t forget him, don’t forget his legacy and support the Daniel Morcombe Foundation in its aims to protect all kids,” he said.

“We can use Daniel’s tragic story to make sure future kids are safe.”

Cowan’s barrister Peter Callaghan SC had argued his confession to undercover detectives was made at a time when he believed he would be arrested if he did not have an alibi - which they were offering.

It was argued Cowan came to the conclusion he faced arrest after being the subject of heavy questioning at a coronial inquest into Daniel’s death.

“It’s all linked back to the inquest and the pressure that comes from there,” Mr Callaghan said.

But DPP Michael Byrne QC dismissed the suggestion, arguing the questioning was vigorous but within the law in regards to coronial proceedings.

The undercover operation that caught Daniel Morcombe's killer

Earlier, Bruce and Denise Morcombe arrived this morning for the special leave hearing in the High Court to decide whether the man convicted over their son Daniel’s murder can appeal his guilty verdict and life sentence.

They declined to speak until after the hearing.

Bruce and Denise Morcombe arrive at the Federal Court in Brisbane. Picture: AAP
Bruce and Denise Morcombe arrive at the Federal Court in Brisbane. Picture: AAP

Director of Public Prosecutions Michael Byrne QC has also arrived along with the prosecutor for the case, Glenn Cash.

The hearing is scheduled to begin at 9.30am and is expected to last about 45 minutes.

Brett Peter Cowan, 46, is not expected to appear in person or by video link to prison.

He was convicted of 13-year-old Daniel’s murder and sentenced to life in prison in 2014.

Cowan’s lawyers are expected to argue his confession to undercover detectives was induced by fear he would be arrested over the crime.

INSIDE STORY: The police sting that caught Brett Cowan

If successful, the appeal will be heard at a later date.

Mr Morcombe told The Courier-Mail yesterday that he and his wife would visit Daniel’s grave to mentally prepare themselves for the hearing.

“I imagine like we always do at the start of a new passage of legal proceedings, Denise and I will probably go and visit Daniel’s grave this afternoon … that gets the blood flowing, there is no doubt about it,” he said.

“It keeps it real that this is not an argument over a fence or something … it’s as serious as it gets.

Original URL: https://www.couriermail.com.au/news/queensland/daniel-morcombe-brett-cowan-conviction-appeal/news-story/03efc837116cda45c2224fbc03e2e563