Killer daughter’s push for High Court appeal ‘not hopeless’
A woman who is serving a life sentence for murdering her mother, by bludgeoning her to death, has filed an application for special leave to appeal to the High Court.
In 2019, Simona Zafirovska was jailed for murdering her mother, Radica, 54, by bludgeoning her to death with a plank of fake wood.
Simona Zafirovska, who denied killing her mother, claimed intruders broke into their home at The Gap.
In June, last year, Zafirovska's appeal against her conviction, on the basis that the jury's guilty verdict was unreasonable on the evidence, was dismissed by Queensland's Court of Appeal.
In the Supreme Court on Thursday, Zafirovska's barrister, Kylie Hillard, said an application for special leave to appeal to the High Court had been filed this week.
The application says that the jury verdict was unreasonable and there were errors of law.
Justice Peter Davis indicated Zafirovska's chance of obtaining special leave to appeal to the High Court was not hopeless.
"One can sometimes look at these documents and realise that there's absolutely no hope at all," Justice Davis said, after seeing a copy of Zafirovska's High Court application.
"While special leave applications largely don't succeed, I can't possibly draw the inference that this one has absolutely no prospect.
"It's drawn in a way that raises issues that have, from time to time, attracted the interest of the High Court."
The murder weapon was a piece of decking timber, which was found by police in a corner of Simona Zafirovska's bedroom, the Court of Appeal heard.
No blood was found in Simona's bedroom or on her clothing.
Justice Davis said it was an interesting case and in the Court of Appeal judgment, Justice Philip McMurdo said the wood was "the hook" in the case.
"The other way of looking at it, of course, is in the absence of explaining the lack of blood on her, does that raise a reasonable doubt," Justice Davis said.
In her will, Radica Zafirovska left her entire estate to Simona, her adopted daughter, but as a convicted murderer, she cannot benefit from the estate.
If Zafirovska is granted leave to appeal and is successful in the High Court, she would be acquitted of the murder and could be entitled to claim on her mother's estate, the court heard.
However, barrister Caite Brewer previously told the Supreme Court that there could still be a legal application, by relatives of Radica, for Simona to forfeit her right to estate assets.
Justice Davis adjourned the application for administration of the estate until August 19.
Originally published as Killer daughter's push for High Court appeal 'not hopeless'