A married couple found guilty of the premeditated shooting of their former son-in-law over ill-feeling have lost an appeal against their murder conviction.
Cedric Harper Jordan and Noelene June Jordan, both in their 70s, were jailed for 22 years in 2023 over the death of Shane Barker in 2009.
The Jordans were motivated by an ill-feeling towards Barker and a wish to remove him from the lives of their daughter and granddaughter.
They had concerns Barker, 36, was abusive towards their granddaughter.
The couple’s appeal against the conviction was dismissed today by the Court of Criminal Appeal.
A three-judge panel, which has not yet published its reasons, was unanimous in its dismissal.
The Jordans’ lawyer told the appeal hearing an alternative theory in the circumstantial case, in which the murder weapon has never been found, wasn’t considered.
The same type of cartridge found at the scene of the murder was also discovered at the Jordans’ holiday shack.
Noeline Jordan’s lawyer Fran McCracken said Barker may have once used the gun involved in his murder, likely an unregistered .22 pump action rifle, at the shack.
McCracken said the unregistered gun may have then changed hands and was used by a “third party” to kill Barker.
Crown prosecutor Daryl Coates told the hearing it was fanciful to suggest somebody else killed Barker.
He said the Jordans had a very strong motive for murder and lied about their whereabouts.
There was also evidence at the trial that the Jordans had access to a .22 unregistered rifle and Cedric Jordan had said it would be a “good rifle to kill people with”, Coates said.
The Jordans also argued the conviction was unsafe and unsatisfactory, and it was an error to allow a video experiment from police to be admitted at the trial.
Sentencing judge Robert Pearce found Cedric Jordan fired the fatal shot and the couple were equally responsible for the murder.
Justice Pearce said Noeline Jordan’s mobile phone was taken through Campbell Town around the time of the murder and the couple were almost always together.
He said they told many jointly concocted lies aimed at concealing their role in the crime.
“The circumstances … leave no room for any doubt that this was a planned … and intentional murder,” Justice Pearce said.
Barker separated with the Jordans’ daughter about two-and-a-half years before his death.
The Jordans were sentenced to a non-parole period of 12 years.
