Lin Family: Robert Xie to appeal conviction over murder of five family members in North Epping
Robert Xie, who is appealing against his conviction of bludgeoning five relatives to death in their Sydney home, will face court in June where two expert witnesses are expected to provide their reports on DNA.
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A man who bludgeoned five members of his extended family to death inside their home in Sydney’s north west will appeal his conviction in June, where two experts are expected to provide analysis on DNA samples.
After four trials — including a hung jury in the third trial — Xie was found guilty of murder in 2017 for killing his brother-in-law Min Lin, 45, his wife Lily Lin, 43, their son Henry, 12, Terry, 9, and Mrs Lin’s sister, Irene, 39 in their North Epping home in the early hours of July 18, 2009.
He was given five life sentences for the murders, which were carried out with a hammer-like instrument.
Robert Xie dialled in online for a mention of his appeal hearing at the Court of Criminal Appeal on Tuesday.
The court heard that evidence from two foreign doctors, Professor Gill based in Pittsburgh and Dr Perlin in Oslo, is expected to be heard during his appeal hearing in June.
Dr Gill prepared a report last September that was previously tendered in court.
Crown prosecutor Ms Mitchelmore SC told the court Dr Perlin has also prepared a report that deals with parts of Professor Gill’s report and would provide additional “contextual material”.
Ms Mitchelmore said they were looking at Dr Perlin providing a supplementary report in the next two weeks.
The court heard both experts will be giving their views on DNA.
Justice Robert Beech-Jones told the court: “The question of what the evidence goes to will be subject of appeal.”
The court heard the appeal hearing would include allegations from Xie’s counsel that an expert witness during the trial was “dishonest.”
“You have accused him of one of the most serious accusations of an expert witness,” Justice Beech-Jones told the court.
The judge called on the parties to confer on logistics in setting up times for the two foreign doctors’ evidence to be heard during the appeal hearing.
Justice Beech-Jones directed Ms Belinda Rigg SC, who is representing Xie, to notify the Crown on the parts of Professor Gill’s report they intended to rely on in the appeal by 5pm May 11.
He also asked Ms Mitchelmore to file and serve any written report of Dr Perlin proposed to be adduced by 5pm May 20.
Justice Beech-Jones told the court it is yet to be determined whether there will be any exemption for counsel to appear in person with the ongoing pandemic, yet he suspects the Chief Justice will grant some permission to counsel given the “breadth of material.”
The matter was stood over for directions on June 8.
The hearing is expected to go for seven days and will start from late June.