APPEAL AGAINST LIFE SENTENCE

Wanganui Chronicle, Volume 90, Issue 7, 9 January 1946, Page 7

APPEAL AGAINST LIFE SENTENCE

MAN CONVICTED FOR ATTEMPTED MURDER Sydney, Dec. 12. Sentenced to gaol in 1930 for the erm ot his natural liie, Eric Kelly, ged 29, will make his second legal nd soon to establish the innocence he las unswervingly claimed since he .as convicted of having attempted to murder Nathan Segal, a Sydney pawniroker.

Segal stated at the trial that Kelly, vobert Sydney Jones, and a third man •ntered his shop and demanded

money. One man tired and wounded Segai in the shoulder. The other man tired at him, and missed. Segal said 11. at the first shot was fired by Jones and the second by Kelly. After Kelly's sentence, the Court of Criminal Appeal and the High Court dismissed his appeal Kelly repeatedly protested his innocence, and in 1942 his case was reopened. At an inquiry by Judge Sluddert, Segal said that he was convinced that, he had wrongly identified Kelly at the time of the shooting. Jones then entered the box, and said that Kelly was not with him at the time of the shooting. At lhe inquiry Leslie Lang said it was Oe and not Kelly who entered Segal’s shop wun Jones. The Judge found that there were no grounds for doubting the correcti.ess of Kelly’s conviction. Kelly's aged mother, friends, and his solicitor, Mr. Harold Munru. have never ceased trying to have Kelly absolv ed of the crime. They huv e formed a defence committee to raise ft.nds for his appeal, and last week lhe New South Wales Minister of Justice, Mr. James Downing, signed papers which gave Kelly the right of a new appeal. It is not expected that new evidence will be submitted at the hearing. In fact, Kelly will he unable to call on his alleged former associate. Jones, to repeat his testimony. Jones escaped from Maitland gaol in 1943, and later was killed in a gun duel with police while attempting to avoid recapture.