Decision on Gilham retrial set for Monday

Jeffrey Gilham will find out on Monday whether he is to face a retrial or be acquitted of murdering his parents in 1993, at the time he killed his brother.

Last December, the NSW Court of Criminal Appeal quashed his murder convictions and granted him bail but was not in a position to give reasons for its decision.

On Monday, Justices Peter McClellan, Elizabeth Fullerton and Peter Garling will hand down those reasons and either confirm a retrial or acquit him.

The civil engineer has always maintained his older brother Christopher killed their parents, which he said provoked him into fatally stabbing his sibling.

When the two murder convictions were quashed, Justice McClellan said: “We are of a unanimous point of view that the appeal will succeed, at least to the extent of quashing the conviction and ordering a new trial”.

But he said the court was yet to consider whether or not any other order should be made, referring to the possibility the court could eventually acquit him.

In March 2009, Gilham, then 39, was jailed for life after being convicted of murdering his parents, Helen, 55, and Steven, 58, at the family home in Woronora, in Sydney’s south.

Their eldest son Christopher, 25, was fatally knifed in the same incident.

Gilham was placed on a five-year good behaviour bond after pleading guilty to his brother’s manslaughter in 1995.

He said he had been provoked into stabbing him after Christopher confessed to killing their parents and then setting Helen’s body alight.

At his trial in 2008 the crown alleged Gilham had killed all three family members before trying to cover his tracks.

His barrister, Clive Steirn, SC, put forward numerous grounds of appeal, including the finding, after the trial, of an apparent blood-stained fingermark on an intercom.

Gilham has said from the outset that he was summoned from the boatshed to the family home via an intercom, as his mother called out for help.

Mr Steirn said the fingermark corroborated his client’s account.

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