A jail inmate who has spent a decade in prison for his uncle’s murder is seeking a retrial after another man confessed to the crime on his deathbed.
Daniel Ames, 49, launched the bid through the South Australian Court of Appeal in light of a confession by convicted drug dealer Peter Lagerwey.
Ames was convicted in 2011 of shooting his uncle Allen Ames, 68, at his workshop in Adelaide‘s north in 2009.
Daniel Ames (pictured) wants a retrial in light of the murder of his uncle in 2016 for which he was convicted but has always maintained his innocence
Allen Ames, 68, (pictured) was shot in the face in 2009 at his workshop in Adelaide’s north
The Court of Appeal heard that Detective Rod Huppatz had taken a witness statement about Lagerwey’s role in the incident but had failed to disclose it to Ames’ lawyers until 2021.
Lagerwey allegedly admitted killing Allen Ames while on his deathbed in 2016, before dying two days later.
‘I was the one who shot Danny’s uncle … I am the one who murdered his uncle,’ Lagerwey allegedly said to his partner.
The convicted drug dealer’s friend Craig Peterson said he was at the hospital when he heard the confession.
‘Peter told me about his involvement in the murder, saying he had murdered Allan Ames,’ Mr Peterson told the court.
Ames, 68, was shot in the face at his workshop but the weapon was never found.
Peter Lagerwey (pictured) allegedly confessed to Allen Ames’s murder in 2016 while on this deathbed – he died two days later
His nephew was convicted of the crime two years later, where Justice David Peek said the case against him was ‘cohesive and overwhelming’.
Ames was sentenced to life with a 24-year non-parole period despite not having a motive for the crime.
He has always maintained his innocence.
He admitted visiting his uncle the night he was killed to discuss family issues but left 20-25 minutes after.
Ames said his uncle had called asking him to come to his workshop to discuss a falling out within the family involving his grandmother, the court heard.
He claimed he had been hanging out with Lagerwey earlier that day, describing him as more of a social acquaintance than a friend.
Ames said he had showered and changed his clothes before and after he saw the murder victim because of his new tattoo and the state of his uncle’s shed.
‘I had been in a filthy workshop, I was not going to jump into bed without having a shower,’ he told the court.
He said he missed three calls from Lagerwey that day and that when he called back, the dealer was quiet and vague over the phone.
Ames’s counsel said he was not seeking for the Court of Appeal to acquit him of the murder but wants a retrial over the evidence of Lagerwey’s confession.
Meanwhile, Mr Peterson said he took Lagerwey’s claims to different lawyers in Adelaide to get legal advice but he was not satisfied with their responses.
The workshop (pictured) where Allen Ames died after being shot in the head in 2009