Nuttal's application for appeal extension refused

FORMER Labor Government Minister Gordon Nuttall has had his application for a deadline extension to appeal his corruption conviction refused.

The former Queensland Health Minister was thrown behind bars after being convicted in 2010 of receiving corrupt payments for a project he approved while in government.

Nuttall was also convicted on five counts of perjury.

Nuttall promoted the waste water treatment project for hospitals to his department while Health Minister in 2004 and the profit of the project was to be shared between Nuttall and two businessmen - Graham Doyle and Brendan McKennariey.

His five year jail term, later increased on appeal to seven years, for receiving the corrupt payments was on top of a sentence handed down a year prior for other offences.

Nuttall made an impassioned plea in the Court of Appeal last week for a deadline extension to allow him to appeal his latest conviction.

Nuttall argued he was unable to obtain a statement from defence counsel within the timeframe to appeal.

He also submitted he could not afford a lawyer and this, teamed with his incarceration, had severely limited his ability to obtain affidavits and to prepare a appeal.

During a hearing last week, Nuttall argued the Crown had threatened his key witness, Mr Boyle, with self-incrimination thereby prompting him to pull out of testifying.

But the Court of Appeal found on Friday a trial without Mr Doyle's evidence would be the same as the trial already held.

In a written judgment, Justice Roslyn Atkinson stated the decision of Nuttall's lawyer not to call Mr Doyle was entirely explicable.

"...and appears to have been  forensically sound in the circumstances where it is more likely than not that his giving evidence would have been damaging to (Nuttall)," she wrote.

Justice Atkinson stated the as Nuttall's proposed appeal lacked any merit, his application for a time extension should be refused.

Nuttall's application to adduce further evidence was also dismissed.

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