Darren Ward Gale set to launch murder conviction appeal after judge orders Legal Aid to fund the case

A man convicted of killing a pensioner, cutting off his head and throwing it off a bridge has won a legal battle over who will pay for his appeal against his conviction.

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A CONVICTED murderer who decapitated a pensioner, flung his head from a bridge and buried his headless body in a shallow bush grave in the state’s North-West will have his appeal funded by Legal Aid following a court order.

In May last year, Darren Ward Gale, 55, sacked controversial Sydney lawyer Mai Truong and hired local lawyers Fabiano Cangelosi and Dinesh Loganathan to take on the task of his bid for a state-funded challenge to his murder conviction.

Ulverstone man Noel Joseph Ingham. Picture: SUPPLIED

Gale previously confessed to beheading Noel Ingham and burying him in the bush at Dulverton.

However, he claims he did so only after the frail 58-year-old had already died by hitting his head on a fish tank.

In his initial, handwritten notice of appeal, filed in August 2019, Gale claimed he was inadequately defended at trial, the prosecutor led witnesses, and a jury member spoke to police.

Hobart lawyer Fabiano Cangelosi.

In April, Mr Cangelosi applied for a court order directing that Legal Aid be provided, noting Gale met the requisite financial test.

He provided Justice Gregory Geason with written submissions advancing his argument.

Legal Aid barrister Alan Hensley previously said Gale had applied for funding — and was refused — “solely on the basis of merit”.

He agreed Gale met the financial requirements, but Legal Aid was provided only if the case was “in the interests of justice” and had a “genuine prospect of success”.

Hobart lawyer Dinesh Loganathan. Picture: NIKKI DAVIS-JONES

Justice Geason ordered on Thursday that Legal Aid fund Gale’s appeal by paying Mr Cangelosi and Mr Loganathan.

Mr Loganathan said the appeal team would seek to have Gale, who is serving a 23-year sentence of imprisonment, resentenced in line with a manslaughter charge.