Harley Wegener appeals murder conviction after 2022 sentence for killing Benjamin Suttie
The family of a man whose neck was slashed in a park are ‘angry’ his murderer is appealing his conviction, six years after the horror attack.
A man sentenced for murder after he slashed another man’s neck in a park claims his character was unfairly questioned during his trial.
Harley David Wegener was found guilty of murder in November 2022 after standing trial for the murder Benjamin Suttie.
The jury had found Mr Suttie’s neck had been slashed by Wegener in a Woodridge park in August 2018.
The 37-year-old died in hospital three days after the knife attack.
The two men, who knew each other, had been both walking through the park in separate groups at the time by chance before the attack.
On Tuesday, Wegener appealed his life sentence, which requires him to serve at least 20 years in jail.
His defence barrister Andrew Hoare told Queensland’s Court of Appeals there the jury had heard “inadmissible evidence” during the trial, including evidence that sullied his client’s character.
Mr Hoare said the jury had learned through evidence heard during the trial that Wegener knew a drug dealer at the time of the murder.
Mr Hoare said once the jury learned of his association with a known drug dealer, they were viewing his client through a “prism” which could negatively affect their view of him.
“It’s really narrative evidence, I don’t think it goes to the point (that) it doesn’t raise he’s some particular good or bad (person), I nearly state it’s narrative evidence,” Mr Hoare said.
“It can’t be said that it didn’t affect the jury’s assessment of the defendant.”
When Justice Peter Davis questioned whether the prosecution’s line of questioning against Wegener during the trial was “not an absolute direct square on attack on his character”, Crown Prosecutor Mark Green said the jury were able to rely on other evidence proving him guilty of murder.
The court was told the jury had heard evidence from Mr Suttie’s son, Zac Elder, and from a medical expert which contradicted the evidence Wegener had told the jury during cross-examination.
“The jury had a very strong focal point in the evidence that the circumstances that the slashing occurred … were completely different (to Wegener’s evidence),” Mr Green said.
Outside of court on Tuesday, Mr Suttie’s family told reporters they’re devastated they might have to relive the trauma of a second trial if the appeal is successful.
Mr Suttie’s sister Jody Proctor said she was “very angry” at the thought of her brother’s killer getting a chance at appealing his conviction.
“This is a waste of taxpayers money, he’s been proven guilty for murder,” she said.
“It’s always got to be life for a knife, no matter what.
“It does bring it back up, we’re only just trying to piece our life back together and then just to be brought back here.
“It’s like living a nightmare again.”
The Court of Appeals will set down its decision at a later date.