Convicted murderer Joseph Martin Reekers has won another hearing after appealing his 15-year non-parole sentence for Marie Jamieson. File photo / Greg Bowker
Convicted murderer Joseph Martin Reekers has won another hearing after appealing his 15-year non-parole sentence for killing Auckland hairdresser Marie Jamieson 10 years ago.
Reekers was convicted last year after admitting murdering Ms Jamieson in Auckland in 2001, and sentenced to life in prison with a minimum non-parole period of
15 years.
However, in what the Court of Appeal called a "highly unusual" case, Reekers argued that because its presiding judge in Reeker's appeal represented him 33 years ago on rape and indecency charges, he should not decide on the appeal.
Reekers said through his lawyer, Howard Lawry, that he objected to Justice Rhys Harrison sitting on the Court of Appeal and deciding on his appeal. Judge Harrison said he recalled nothing of the 1978 case against Reekers.
Crown prosecutor Aaron Perkins said Reekers' objection was not "of sufficient moment" to justify a rehearing.
However, the Court of Appeal sided with Reekers and said the appeal would be heard again in another court.
"In our view a fair-minded lay observer might reasonably apprehend that Harrison J's impartiality may be subconsciously affected by his previous professional relationship with Mr Reekers in evaluating the weight to be given to that factor when imposing a minimum term," the court said in its decision.
"This situation is highly unusual; it is unlikely to arise often if at all again. In the circumstances we are satisfied that the appropriate course is for the appeal to be reheard before a differently constituted court."
Reekers was charged seven years after the murder after a DNA sample taken from him for another offence matched DNA found in Ms Jamieson's body. The sample was taken after he stole a roll of salami from a west Auckland supermarket.
Police said, after Ms Jamieson's body was found, that two DNA samples had been identified. One was from her boyfriend who was cleared of the killing but police said the other belonged to the killer.
Ms Jamieson's naked body was found 10 days after she was last seen walking down New North Road on the outskirts of Auckland's central business district
During the most recent appeal hearing Reekers appeared on a video link from prison.
- NZPA
