News

Re-trial for manslaughter charge

A man argued that he should be able to opt out of the Queensland legal system.
A man argued that he should be able to opt out of the Queensland legal system. ©istockphoto/DNY59

BRITISH backpacker Daniel Dean has been given a re-trial for the manslaughter of Mark Urch outside a Texas Hold 'Em poker game in Cannonvale.

Dean, 25, and Urch, 29, both played in a poker game at Banjo's Bar at Cannonvale on Saturday, May 24 last year and there was an argument at the poker table.

The argument later continued in the car park and Mark Urch was struck a punch which sent him toppling backwards.

He was rushed to the Townsville General Hospital but he never regained consciousness and died of brain damage eight days later.

A jury of seven women and five men convicted Dean of manslaughter after deliberating for four hours following a three-day trial in the Supreme Court in Mackay in February.

Dean was sentenced to seven years in jail. It was recommended that he be released on parole in May 2011 and he was expected to be deported to England on his release from prison.

At the time of the verdict and sentence, Mr Urch's family said they would campaign to promote the "one punch can kill" campaign.

In a unanimous decision handed down in the Court of Appeal this week, it was ruled that the trial judge may have erred in directing the jury about the defence of provocation.

Dean's appeal was upheld and a retrial was ordered.

The Court of Appeal reserved its reasons and they are expected to be published in several weeks' time.

Dean has been in custody since his arrest in May last year.

He is also in custody waiting the finalisation of drug charges against him.

He is alleged to have had 200 ecstasy tablets sent to him by post from England while he lived in the Whitsundays.

The drugs charges were to be dealt with in the Supreme Court later this year.

No date has been set for the retrial and Dean remains in custody.


Stay Connected

Update your news preferences and get the latest news delivered to your inbox.

Beat the summer heat

COME ENJOY: Anchor Bar head chef Alex Beri and owner Josh Knutson with their delicious soft shell crab with chilli jam aioli and wakame.

Anchor Bar welcomes two new chefs to the team

Our recycling is on the forefront

ECO WARRIORS: Directors of ACT Whitsunday, Jo Pillifeant and Barb Adamson, standing with one of their recognisable blue recycle bins.

ACT Whitsundays is on the verge of closing down.

Revamp improves child safety

SAFETY: Tina Everett, Ron Petterson, Constable Coutney Bellingham and Senior Constable Andy Pratt.

The entry to Cannonval State School is set for a re-vamp.

Local Partners

Something for the kids

Sensory Circus is the perfect activity for kids these school holidays

Resident starts Facebook page to get an Aldi in the region

Aldi.

Facebook page started to get discount store in the region

Storks delivers more than bouncing babies

TOO CUTE: A scene from the movie Storks, which is showing at Bowen Summergarden Cinema this week.

Storks hits cinemas this week

Beat the summer heat

COME ENJOY: Anchor Bar head chef Alex Beri and owner Josh Knutson with their delicious soft shell crab with chilli jam aioli and wakame.

Anchor Bar welcomes two new chefs to the team

Our recycling is on the forefront

ECO WARRIORS: Directors of ACT Whitsunday, Jo Pillifeant and Barb Adamson, standing with one of their recognisable blue recycle bins.

ACT Whitsundays is on the verge of closing down.

Revamp improves child safety

SAFETY: Tina Everett, Ron Petterson, Constable Coutney Bellingham and Senior Constable Andy Pratt.

The entry to Cannonval State School is set for a re-vamp.

Sign to strike light into heart of Airlie

AIRLIE'S OWN: The new sign at the Shute Hrabour, Waterson Way roundabout.

Check out the new addition to Airlie Beach.

Deli bounces back

GOOD FOOD: Yvonne and Marino Roberto with their mobile food van.

Marino's are back in action!

Classic car auction draws buyers from US, Dubai

"He wants everyone to enjoy the cars, the collection got too big'

Something for the kids

Amelia McKay, 8, trying out trapeze .

Sensory Circus kicks off again next week

Marilyn Manson wants a 'nice' girl

Marilyn Manson wants a girl who understands both of his identities

Angelina turns to Depp for consolation after divorce

Brad Pitt and Angelina Jolie with their six children

Angelina Jolie is reportedly being consoled by Johnny Depp

Rockhampton dancer en pointe for European stages

CENTRE STAGE: Anastasia Lewis has moved from Rockhampton to Sydney to study classical ballet.

Rocky dancer believes competitions are the perfect preparation

Conner's food distraction leads to elimination

Australian Survivor contestant Conner Bethune.

HUNGER gets to castaway as Australian Survivor's tribes merge.

Bonus point gets Dan and Carleen over the line on The Block

Dan and Carleen in their winning living and dining rooms in a scene from The Block.

BABY boomers win living and dining week as show hits halfway mark.

Property 200m from ocean selling for just over $100K

BEACHCOMBER PARK: Work has started on a new $19.2 million development at Toogoom.

The estate's developer is offering huge discounts for early buyers.

UPDATE: Former rodeo champ's sale rained out, now back on

Larkhill local Ken Consiglio is having an auction of most of the things on his property.

'People kept showing up and we had to turn them away'

First stages of $25 million housing development underway

New development on Madsen Rd - The Springs.

The blocks of land are much bigger than usual

Couple build their own 'tiny house' for $45k

Holly Bowen and Oli Bucher built their "tiny house" themselves, only hiring a plumber and an electrician. Photo/supplied

The house, which is built on a trailer and can be towed.

Rocky proves prime real estate in latest REIQ report

Kas Woch sold this Wood St home in Depot Hill for $107,000 in August.

A new investor's market as Rocky house prices hit lowest in state

Sunshine Beach property breaks real estate record

The property overlooks Sunshine Beach, as the backyard lawn meets the sand.

Sunshine Beach mansion sale smashes real estate record