Canberra man Michael O'Connell's murder conviction for the death of his former partner, Danielle Jordan, is set for a High Court challenge, with both his legal team and the ACT Director of Public Prosecutions (DPP) seeking special leave to appeal a Court of Appeal decision.
The Court of Appeal overturned O'Connell's murder conviction in June, citing reasonable doubt over his state of mind when Jordan fell from his ute and later died. Instead of ordering a new trial, the court substituted a manslaughter charge, a decision now contested by both sides.
O'Connell's lawyers argue the appeal court overstepped its role by effectively acting as a fact-finder, and they seek either a full acquittal or a retrial limited to manslaughter. The DPP, conversely, wants the murder conviction reinstated, claiming the appeal ruling creates a risk of injustice.
The case hinges on whether O'Connell foresaw the possibility of Jordan's death when he drove off with her on the bonnet of his vehicle in 2022. A 13-year-old witness testified she was on the bonnet, while O'Connell maintains he was unaware of her presence.
O'Connell remains in custody, with no sentencing date set for the manslaughter charge. The High Court will determine whether to hear the appeals, which could clarify the limits of appellate courts in altering jury verdicts.
