Convicted wife killer Andrew Cobby fails in bid for new trial over DNA lab failings

A man who murdered his wife in 2017 by hitting her in the head with a hammer and leaving her by the side of the road has lost his bid to overturn his conviction.

A Gold Coast man who claimed a phantom attacker ambushed his estranged wife and left her for dead has failed in his desperate bid for a retrial.

The Queensland Court of Appeal on Thursday dismissed an appeal by Andrew John Cobby, who was convicted in 2021 of murdering his estranged wife Kym Cobby in a brutal domestic violence incident.

He struck her in the head with a hammer, strangled her and left her body on the side of the road outside their Worongary property in November 2017 before fleeing into bushland.

Cobby, who represented himself during the appeal, argued the jury’s guilty verdict was unreasonable and that multiple irregularities during his trial resulted in a miscarriage of justice.

Andrew Cobby laying on the ground after being found by police.

However, all three judges, Justice Debra Mullins, Justice Flanagan, and Justice Bradley, rejected those claims, finding the conviction safe and the appeal without merit.

The original trial found Cobby guilty of murdering his wife by manual strangulation after he beat her. The prosecution’s case was circumstantial, focusing on whether Cobby was responsible for the fatal attack.

The 51-year-old woman’s body was later discovered by a family member on the side of the road.

Although they had been separated for some time, she and her husband had been married for more than three decades, though they had mostly lived apart since 2003.

He pleaded not guilty at trial, claiming his wife had been attacked by a stranger in a random act of violence.

While he admitted being present during the attack, he denied any responsibility, telling police an unknown assailant ambushed her as she was about to get into a red Chrysler he had borrowed.

A jury found him guilty of murder, and he was sentenced to life imprisonment.

Police photos from the Cobby crime scene including the hammer Andrew Cobby used to attack Kym Cobby crime – Photo Supplied QLD Police

In his appeal, Cobby argued the jury’s verdict was unreasonable and key evidence was wrongly admitted. He also alleged serious issues with DNA testing, undisclosed police material, and judicial errors led to a miscarriage of justice.

Fresh DNA testing was also submitted during the appeal, showing modified results in some samples. However, the court found the evidence did not significantly undermine the original findings, with the jury’s conclusions remaining “relevantly intact.”

Justice Mullins said none of the new material or arguments raised by Cobby established a miscarriage of justice, either individually or when considered together.

“The appellant has failed to show the verdict of guilty was unreasonable and not succeeded on any of the other specific grounds of appeal,” Justice Mullins said.

Justices Flanagan and Bradley agreed, confirming that the circumstantial evidence presented at trial was sufficient for the jury to be satisfied beyond reasonable doubt of Cobby’s guilt and the appeal was dismissed.

Originally published as Convicted wife killer Andrew Cobby fails in bid for new trial over DNA lab failings