Family members angry about two of killers appealing convictions

Photo from ODT files
Photo from ODT files
Family members of a murdered North Otago man are angry, but not surprised, two of his killers will appeal their cases to the Supreme Court.

Kim Julius, the sister of murder victim Justin McFarlane, said her family found out on Friday Ryan Geary-Smart and Jacob Geary-Smart were taking their cases further.

``It is something we expected from them.

``It's more waiting and waiting. We can't move on.''

In October this year, Ryan, Jacob and Robert Cummings had their appeals challenging their convictions and sentences thrown out in the Court of Appeal in Wellington.

Cummings and the Geary-Smarts were sentenced for the murder of 35-year-old Mr McFarlane, a dairy worker and small-time drug dealer, on February 22, 2015, along with Steven Kenneth Boskell.

Boskell, Cummings and Ryan Geary-Smart each received 18-year non-parole minimum sentences.

Jacob Geary-Smart was sentenced to a 17-year minimum non-parole period.

Mr McFarlane was killed on September 11, 2013, after he was tied up with an electrical cord and his face covered in a sheet before he was beaten by the four using a fire poker, beer bottle, golf club and stomping.

Ryan's lawyer David More confirmed an application for leave to appeal was filed to the Supreme Court.

However, Mr More would not answer any questions about what the appeal would be based on at this stage.

Jacob's counsel, Judith Ablett-Kerr QC, could not be reached last night for comment.

shannon.gillies@odt.co.nz