A TRIO of West Australian Supreme Court judges have been urged not to delay a decision that could clear a man of a 30-year-old murder conviction, following new evidence supplied by Nobel Prize-winning scientist Barry Marshall.
Chris von Deutschburg was a teenager in 1983 when he was convicted of murdering 86-year-old Stavros Kakulas in a scuffle during a burglary at his home in Perth's seaside suburb of Scarborough.
Von Deutschburg, then 19, received a life sentence on the basis Mr Kakulas died of a bleeding duodenal ulcer, seven days after the crime, which was said to have been brought on by the stress of the home invasion.
Last year, then state attorney-general Christian Porter referred the case to WA's Court of Appeal, after Professor Marshall wrote to the State Solicitor's Office saying, based on his prize-winning research, von Deutschburg could not be guilty.
On Tuesday in the appeal court, Justices Carmel McLure, Robert Mazza and Michael Buss were urged to consider the new evidence and make a decision quickly on von Deutschburg's fate.
"This matter has caused a great deal of stress for the appellant and as you would appreciate, he is keen to get this resolved as soon as possible," said Sam Vandongen SC, appearing for von Deutschburg.
The judges have vowed to make a decision as quickly as they are able.
Prof Marshall, along with Nobel Prize-winning colleague Robin Warren, received worldwide accolades in 2005 after proving that bacteria, rather than sress, caused stomach ulcers.
He acted as a human guinea pig, downing a bacterial brew that made him very ill, but gave new hope of treatment for millions of ulcer sufferers.
The discovery was also a lifeline to von Deutschburg, who immediately believed Prof Marshall's evidence could clear him of murder.
His bid for acquittal started in 2005, more than 20 years after Mr Kakulas suffered bruising and fractured ribs during the burglary and then died of a bleeding ulcer in hospital a week later.
"There is no likelihood that his (Mr Kakulas') injuries either worsened or contributed to the duodenal ulcer in question," Prof Marshall wrote in his petition on behalf of von Deutschburg.
The expert said his opinion did not depend on when duodenal ulcer began - either before or after the assault on June 1, 1983.
"Persons with duodenal ulcer disease have ulcers coming and going throughout their life," Prof Marshall said.
"The injuries sustained by Mr Kakulas did not contribute to the development, or accelerate the development of his duodenal ulcer."
WA's Director of Public Prosecutions, Joe McGrath SC, appeared as the respondent to the appeal in the brief hearing.
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