Wife killer claims fatal stab wound 'freak accident'
CONVICTED Oakey wife killer Brian Frederick Pearson tried to tell three justices at Queensland's highest court that he did not intend to harm his life partner and that killing her was a "freak accident".
But he was told yesterday he had already exhausted his legal options in the Queensland Court of Appeal and his application was dismissed.
Pearson was sentenced to life in jail after a jury found him guilty of murdering his wife, Delarece.
During a fight in June 2011, Pearson bit her eyebrow and got a knife out of the kitchen drawer and stabbed her. She was found with a stab wound to her right cheek and another wound in her back where the knife had penetrated her lungs.
Last year Pearson fought his conviction at the Queensland Court of Appeal, when his lawyers argued there was a miscarriage of justice during the trial. The court dismissed this appeal.
Pearson represented himself at the court of appeal yesterday, appearing via videolink from jail, and said he did not intend to cause his wife harm that day and that he had only intended to harm himself.
He also said his trial should have been moved out of Toowoomba.
Pearson's application to the court was for an extension of time to appeal his conviction and for leave to appeal against his sentence.
But Justice Margaret McMurdo told him: "Your avenue of appeal for conviction in this court is finished and you can't have a second go".
Justice McMurdo said Pearson would not be successful appealing his sentence because there was only one sentence that could be imposed for murder: life in jail.