In July 2017, the Court of Appeal quashed her guilty verdict, and consequently ordered a retrial.
#In the Court of Appeal’s 71-page judgment, then-President Justice Dame Anita Allen said she was of the view the jury was possibly left with the impression, as suggested by counsel for the prosecution in its closing address, that the appellant lied about her clothing and the functionality of security cameras to conceal the murder of her husband.
#This, she said, resulted in a clear danger that the jury might regard the lies of the appellant as probative of her guilt and warranted the judge to give a Lucas direction on the significance of lies.
#Justice Jon Isaacs expressed concern that manslaughter by provocation was not left to the jury as an option while Justice Stella Crane-Scott dissented on the necessity of a retrial entirely given the inconclusive state of the circumstantial evidence.
#However, her colleagues believed a retrial was in the interest of justice.
#One week later, Vasyli was granted $250,000 bail by Justice Turner.
#In November 2017, the appellate court granted Vasyli leave to pursue her fight against a retrial to the London-based Privy Council.
#The Court of Appeal ruled that leave would be granted pursuant to the usual provisions, that is on the condition that Vasyli enter a security in the amount of $2,861 to furnish the cost of her application.
#Additionally, Vasyli and her legal team were also required to procure the preparation of all related records and have them dispatched to the Privy Council.
No more monitor for Donna Vasyli