A Swansea couple appealing their conviction for the 2009 murder of popular Campbell Town man Shane Geoffrey Barker have been unable to secure Legal Aid funding.
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Cedric Harper Jordan, 71, and Noelene June Jordan, 68, were found guilty of murdering their former son in law in an ambush at his Campbell Town home on August 2, 2009.
Justice Robert Pearce sentenced them to 22 years jail.
Defence lawyer Olivia Jenkins appeared on behalf of the couple in a directions hearing in the Supreme Court in Hobart before Justice Stephen Estcourt on Wednesday.
Ms Jenkins told Justice Estcourt that when defence counsel sought legal aid to fund the appeal the Legal Aid Commission had not provided a response for some weeks.
She said two defence lawyers were unable to take carriage of the appeal without the legal aid funding.
However, since then a Hobart barrister Todd Kovacic had been approached on behalf of Mr Jordan and Launceston lawyer Fran McCracken was taking carriage for Ms Jordan, Ms Jenkins said.
"Ms McCracken is seeking a 28 day adjournment so that funding and representation can be confirmed for both appeals," Ms Jenkins said.
The couple were in court for the directions hearing.
Director of Public Prosecutions Daryl Coates SC said he did not oppose a 28 day adjournment.
"I was told there was no Legal Aid funding and no counsel had been found and that a previous court order could not be complied with," Mr Coates said.
Mr Coates asked that orders made by Justice Estcourt on the timeline for lodgment of appeal books be vacated.
In a directions hearing in July Justice Estcourt ordered that the couple's appeals be joined with an electronic appeal book lodged by respective defence counsel in eight weeks.
Following the lodgment the defence counsel would have four weeks to outline its contentions in writing with the crown given a further four weeks after that to respond in a written submission.
Ms McCracken told that hearing that Launceston barrister James Oxley for Ms Jordan would need some weeks to read more than 1000 pages of transcript from the 12 week trial.
However, it is understood Mr Oxley withdrew when the legal aid funding was delayed.
Justice Estcourt vacated the timetable and adjourned the appeal until October 25 at 9.45am.
The couple were found guilty by a Supreme Court jury in Launceston after a lengthy trial and sentenced to 22 years jail. They lodged an appeal against their conviction in July.
In a directions hearing in July it was estimated that it would be sixteen weeks before the appeal could be heard.
The Examiner sought comment from the Legal Aid Commission.
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Nick Clark
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
