Father and son who tortured and killed ice dealer by locking him in an esky and giving him drug-laced water win appeal against murder conviction
- Father and son have successfully appealed their murder conviction of ice dealer
- Stephen John Armitage and son Matthew Leslie to face charge of manslaughter
- The pair had been sentenced to life in prison over 2013 killing of Shaun Barker
- Mr Barker had allegedly been locked in an esky and fed drug-laced water
A father and son have had their murder conviction downgraded to manslaughter as they face a retrial over the death of an ice dealer who was allegedly tortured.
Stephen John Armitage and his son Matthew Leslie Armitage successfully appealed their convictions at the Queensland Court of Appeal on Friday.
The pair had been hauled before the courts over the death of Shaun Barker in late 2013.
Mr Barker had allegedly been locked in a commercial fishing esky and fed drug-laced water before he was killed.
He was reported missing at the start of 2014 and his remains were found at a burnt-out site at the Toolara State Forest, north of Brisbane, in April 2014.
Stephen John Armitage (pictured) and his son Matthew Leslie Armitage successfully appealed their convictions at the Queensland Court of Appeal on Friday
In 2018, both Armitage men (pictured, Matthew Leslie Armitage) were convicted of murder and torture and sentenced to life imprisonment
In 2018, both Armitage men were convicted of murder and torture and sentenced to life imprisonment.
Though their torture convictions were overturned and a retrial ordered.
The Court of Appeal found the violence allegedly inflicted on Mr Barker was to extract information from him, an outcome which would have been defeated if he was killed.
While the men may have been indifferent to Mr Barker's condition, the court found prosecutors could not prove they intended to murder him beyond reasonable doubt.
It was also noted that the exact cause of Mr Barker's death was unknown.
Mr Barker had been reported missing in January 2014 after stealing drugs from Gold Coast man, Scott Murphy.
CCTV captured footage of Mr Barker being led into a car by two men at a Broadbeach service station in December 2013.
Three witnesses said they saw Mr Barker being kept in a commercial fishing esky allegedly owned by Stephen Armitage.
They said Mr Barker was allegedly kept in cruel conditions, where he was given water mixed with drugs.
There was also talk of honey being 'put onto someone's testicles and ants were eating it off'.
Another witness, a drug user, said he saw a man 'on his side all kinked up' following a trip to a forest in the Wide Bay Region, near where Mr Barker's remains were found.
The man says he tried to perform CPR on the man and eventually passed out at the scene.
He remembers waking up the next morning at the Armitage property.
Stephen and Matthew Armitage will both be sentenced to the lesser charge of manslaughter at a date to be set after the Queensland Court of Appeal ruling on Friday.
Shaun Barker (pictured) had been reported missing in January 2014 after stealing drugs from Gold Coast man, Scott Murphy
Stephen and Matthew Armitage (pictured) will both be sentenced to the lesser charge of manslaughter at a date to be set after the Queensland Court of Appeal ruling on Friday
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