A Queanbeyan killer claims he should be cleared of murdering his friend because the evidence of a key witness was full of "discrepancies, contradictions and inadequacies".
Alan William Delaney, 54, faced the NSW Court of Criminal Appeal via audio-visual link from the Macquarie Correctional Centre, in Wellington, on Wednesday.
The Queanbeyan man is serving a 16-year prison term, which was imposed in April 2022 after a NSW Supreme Court jury found him guilty of murdering Aaron Baxter.
Delaney's friendship with Mr Baxter soured because the offender believed the victim had stolen money from him and told his partner they were going to a brothel.
Blaming Mr Baxter for the resultant breakdown of his relationship, a drunk, agitated and emotional Delaney went looking for the 46-year-old victim on Boxing Day in 2019.
He found Mr Baxter, who was also intoxicated, under the Monaro Street bridge on the banks of the Queanbeyan River.
Delaney verbally abused Mr Baxter, saying he was going to kill him, and repeatedly punched him in the head.
At one stage, Delaney drove Mr Baxter back against a bridge support and caused the victim to hit his head on the concrete.
The sentencing judge, Justice Desmond Fagan, said the offender had also kneed the victim in the abdominal area.
Before leaving the scene, Delaney told Mr Baxter to "get down to the river so I can drown you".
He eventually strode off but continued to make death threats even when he had crossed the bridge, shouting about wanting to cut Mr Baxter's head off.
The only witness to the attack, Joseph Wipiti, tried to help Mr Baxter walk back to his nearby accommodation but the victim collapsed after only a few steps.
Mr Baxter was subsequently taken to Queanbeyan District Hospital, where he died a few hours later
An autopsy revealed his cause of death was a rupture of his spleen, leading to massive internal bleeding, hypovolemic shock and heart failure.
Delaney, who pleaded not guilty to murder, argued it was possible Mr Baxter had ruptured his spleen by falling in a "poleaxe" fashion when he tried to leave the scene.
He also argued, at trial, that the fall might have resulted from Mr Baxter's intoxication or "chronic unsteadiness", rather than from the attack.
His barrister, John Purnell SC, argued on Wednesday that it had been "unreasonable and unsafe" for the jury to reject that possibility and convict Delaney of murder.
He took aim in particular at the evidence of Mr Wipiti, saying it was "so unsatisfactory".
"There are discrepancies, contradictions and inadequacies, such that no conviction could stand," Mr Purnell told the appeal court.
He had initially asked that Delaney's conviction be quashed and replaced with one of manslaughter, arguing the necessary mental elements for murder could not be proven.
However, Mr Purnell amended his notice of appeal on Wednesday to instead seek a full acquittal.
He said he did so after sitting "bolt upright" in the middle of the night and realising that, in his view, the jury should have doubted whether Delaney caused the death at all.
Anthony Newton, representing the NSW Director of Public Prosecutions, argued the appeal should be dismissed.
Mr Newton acknowledged aspects of what Mr Wipiti told police were different to what he said in court.
However, Mr Newton said the witness had given "clear evidence" in court about his recollection of Delaney kneeing Mr Baxter in the left side of the victim's midriff.
It had never been suggested to Mr Wipiti that the kneeing did not happen, Mr Newton continued, saying cross-examination had only focused on which side of Mr Baxter's body was targeted.
Justice Anthony Payne said he, Justice Kristina Stern and Justice Dina Yehia would reserve their decision on the appeal.
Should his appeal fail, Delaney will become eligible for parole in December 2031.
