A NSW man behind bars for slitting the throat of his love rival has lost his long battle to have his conviction for trying to escape from jail in 2009 overturned.
Brian Steer was missing for about five hours before he was found hiding in a ceiling cavity in the industries area of Lithgow Correction Centre, where he was serving his sentence for the 2005 murder.
After being found guilty in 2011 of attempting to escape from lawful custody, he lost his conviction appeal in 2014 and was refused leave by the High Court in 2015 to challenge the finding.
Steer put forward alternative reasons for being in the ceiling including pursuit of privacy and "simple mischief".
In the NSW Supreme Court on Tuesday, Justice Peter Hamill dismissed his application for a special inquiry into his conviction or for a referral to the Court of Criminal Appeal.
The application related to evidence given by two Corrective Services officers who gave details of their investigation and the opinion expressed by one about the way in which Steer might have attempted to escape.
"Based on a review of all of the evidence and the record of the proceedings, and considering the questions now raised as to the evidence of (the officers), there does not appear to be a doubt or question as to Mr Steer's conviction," the judge said.
As well as the privacy or mischief scenarios, Steer raised the possibility he was trying to stash material in the ceiling or protect himself from attacks from other inmates.
"His Honour applied the correct legal test; that is, he was satisfied there was no other reasonable explanation for Mr Steer's actions," Justice Hamill said.
"My review of the evidence leads to the conclusion that the only reasonable inference arising from Mr Steer hiding in the roof is that he was attempting to escape."
Steer, then 40, was jailed for at least 24 years in 2006 after being found guilty of murdering Warren Dickson and torching his home in Taree on the NSW mid-north coast.
The jury rejected his claim he had killed Mr Dickson in self-defence.
The Crown had contended Steer intended to cause serious injury as he had been jealous his ex-girlfriend had rejected him in favour of Mr Dickson.
Emergency services officers found the charred remains of Mr Dickson, whose throat had been cut twice, after responding to a call about a fire at the home.
Steer will be eligible for parole in 2030.
Australian Associated Press
