Pathologist admits fault in murder case

AN EXPERT witness in the 2008 murder trial of Jeffrey Gilham has conceded that he was not fully qualified to give evidence about low levels of carbon monoxide in the blood – an area that was crucial to Gilham’s defence, a court has heard.

Gilham, 41, is appealing against his conviction for the stabbing murder of his parents, Steven and Helen, in their southern Sydney home in 1993.

The father of three was sentenced to life in prison over the frenzied attack, in which his father was stabbed 28 times, and his mother 17 times. Their bodies were then set on fire.

Gilham’s older brother, Chris, was also killed in the attack and in 1995 Jeffrey Gilham pleaded guilty to his manslaughter.

Jeffrey Gilham has maintained that his brother was responsible for murdering their parents and lighting the fire, and that he killed him after walking into the house and discovering what had happened.

This claim was undermined during the trial by forensic pathologist Christopher Lawrence who said it was likely Chris was dead or close to death when the fire was lit, based on the low carbon monoxide levels in his blood.

Had he been alive at the time, Dr Lawrence said, Chris Gilham would have breathed in more smoke and thus recorded higher carbon monoxide levels than the 6 per cent found in his blood.

The fact that his blood contained just 6 per cent carbon monoxide suggested he was dead or close to death at the time.

But yesterday, in the NSW Criminal Court of Appeal, Dr Lawrence conceded that he was not fully qualified to give evidence when it came to levels of carbon monoxide below 10 per cent, and that doing so had made him ”uncomfortable”.

Dr Lawrence said he had warned at the time that a toxicologist would be more appropriate to give evidence. He also said that he had not been given important information about Chris Gilham such as whether he was a smoker.

Dr Lawrence said he had changed his view and believed it was possible the elder Gilham sibling was alive for at least a short time after the fire was lit.

The appeal continues.

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