A prisoner who has spent a decade behind bars for the murder of his uncle is requesting a retrial after a second man confessed to the crime on his deathbed.
In light of drug dealer Peter Lagerwey’s confession, Daniel Ames, 49, filed the appeal with the South Australian Court of Appeal.
Ames was convicted in 2011 of shooting his 68-year-old uncle Allen Ames in 2009 at his workplace in northern Adelaide.
The Court of Appeals heard that Detective Rod Huppatz had taken a witness statement regarding Lagerwey’s role in the incident, but did not provide it to Ames’ attorneys until 2021.
In 2016, Lagerwey allegedly confessed to killing Allen Ames on his deathbed before passing away two days later.
“I was responsible for shooting Danny’s uncle… I am the one who murdered his uncle,’ Lagerwey reportedly told his accomplice.
Craig Peterson, the friend of the convicted drug dealer, said he was at the hospital when he heard the confession. Mr. Peterson testified in court, “Peter told me about his involvement in the crime, stating that he had slain Allan Ames.”
Ames, 68 years old, was shot in the face in his workshop, but the weapon was never discovered.
In 2016, Peter Lagerwey allegedly confessed to the murder of Allen Ames while on this deathbed; he died two days later.
In 2016, Peter Lagerwey allegedly confessed to the murder of Allen Ames while on this deathbed; he died two days later.
Two years later, his nephew was convicted of the crime, with Justice David Peek describing the evidence against him as “comprehensive and overwhelming.”
Ames was given a life sentence with a non-parole period of 24 years despite not having a motive for the murder.
He has maintained his innocence at all times.
He claimed visiting his uncle the night he was murdered in order to discuss family matters, but he left 20 to 25 minutes later.
The court heard that Ames’ uncle had called and invited him to his workshop to resolve a family dispute involving his grandmother.
He claimed to have spent time with Lagerwey earlier that day, describing him as a casual acquaintance rather than a close buddy.
Because of his new tattoo and the condition of his uncle’s shed, Ames stated he showered and changed his clothes before and after seeing the murder victim.
“I had been in a filthy workshop, and I would not have gone to bed without a shower,” he told the court.
He reported missing three calls from Lagerwey on that day, and when he called back, the dealer was silent and evasive on the phone.
Ames’s attorney stated that he is not seeking an acquittal from the Court of Appeals, but rather a retrial based on the evidence of Lagerwey’s confession.
Mr. Peterson stated that he took Lagerwey’s assertions to other Adelaide attorneys for legal guidance, but he was unsatisfied with their responses.