12/07/10 192335 Shane Michael Oulds, a member of the Rebels Motorcycle Club, faced Maroochydore Magistrates Court charged with the murder of 24-year-old Buddina man Jye Burns July 9 at Landsborough. Photo: Contributed
12/07/10 192335 Shane Michael Oulds, a member of the Rebels Motorcycle Club, faced Maroochydore Magistrates Court charged with the murder of 24-year-old Buddina man Jye Burns July 9 at Landsborough. Photo: Contributed Contributed/192335

Murderer's defence lawyers cleared of wrongdoing

DEFENCE lawyers for the bikie associate who shot his mate in an execution-style murder on a Sunshine Coast road have been cleared of any wrongdoing at his trial.

Shane Michael Oulds' conviction stands for shooting Jye Burns five times with a .32 revolver - twice in the head, twice in the trunk and once in an arm - on Old Caloundra Rd near Landsborough about 10pm on July 8, 2010.

A passing motorist found Mr Burns, who had been drinking with Oulds and Shane Moroney during the evening, alive but he died not long after.

Oulds unsuccessfully tried to argue at trial that Moroney shot Mr Burns but he was sentenced to life imprisonment after the jury in December, 2013, found him guilty of murder.

He argued in the Queensland Court of Appeal that his trial counsel was incompetent which resulted in a miscarriage of justice.

Oulds complained the jury had only Moroney's detailed version of events before them and his trial counsel's advice not to give evidence was flawed.

He also argued his trial counsel was incompetent for failing to outline his case in an opening statement so the jury was immediately cognisant of the defence case and that they did not cross-examine Moroney in accordance with his instructions.

Oulds claimed he was rushed into signing a document that he would not give evidence at trial and that he was overborne after his barrister advised him testifying would reveal his criminal history and open him up to cross-examination.

Justice Catherine Holmes, in a judgment handed down on Friday dismissing the appeal, said solicitor Peter Shields and Barrister Tony Kimmins suggested one of the reasons Oulds did not want to testify was because he did not want to be perceived as a dibber-dobber.

"That concern had to do with his association with a motorcycle club," she said.

"Although (Oulds) denied having been motivated by such a concern, he used the same word in his own evidence: 'I had been brought up not to be a dibber-dobber'.

"His spontaneous use of the same surprisingly artless expression tended to support the lawyers' evidence on the point."

Justice Holmes said none of the matters identified, taken individually or collectively, pointed to incompetence from Oulds' legal representatives.

"Nor is there any evidence of a miscarriage of justice arising from anything about the way the trial was conducted," she said.

Justice Holmes said she considered both lawyers to be honest and generally credible.

"I do not consider the appellant to be honest or reliable," she said. - APN NEWSDESK



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