Joseph Douglas McGirr outside of the Christchurch District Court. Photo / George Heard
A Christchurch engineer hoping to have his conviction quashed for hiding the clothes of a US polo star after she died at his mansion has had his appeal dismissed.
Joseph Douglas McGirr was found guilty of attempting to pervert the course of justice at a trial in March last year.
It related to the death of Lauren Biddle, who died suddenly, most likely of a drug overdose, at McGirr's Clifton property on October 22, 2018.
He denied supplying the 22-year-old the Class-B controlled drug MDMA, also known as ecstasy, but was found guilty of burying her clothes and belongings.
Judge Tom Gilbert sentenced McGirr to 20 months' imprisonment and later cancelled the jail sentence and substituted it with eight months of home detention.
In a decision by the Court of Appeal, McGirr argued that the judge misdirected the jury as to the grounds for conviction, in an unspecified manner, and erred in ruling the proposed evidence of a medical expert inadmissible.
"The written submissions of Mr Bailey [McGirr's lawyer] argued that a miscarriage of justice occurred because the judge omitted to direct the jury that they needed to be sure Mr McGirr interfered, not only with the police investigation into Ms Biddle's death, but also with the prosecution which might have arisen out of the investigation," it said.
"We are not satisfied there was any material misdirection which could be viewed as resulting in a miscarriage of justice," the decision said.
Why was McGirr jailed?
He was acquitted on the drug charges by a jury late last year but found guilty of attempting to pervert the court of justice charge.
During the four-day trial last year, the jury heard two accounts of what happened on that tragic night – one version from North Canterbury polo player Higginson, and one from McGirr.
McGirr himself took the witness stand to explain how he was "freaking out" after witnessing someone just die "in front of my eyes" and how he buried Biddle's clothes and belongings in an act of "spiritual reconciliation".
He claimed he'd had an "innate desire to do something reverential" with her belongings, he said, and wanted to "commemorate her life".
"At no time did I ever try to hide anything from the police," McGirr told the court.
"I was very upset and shocked, affected by alcohol and drugs."
Biddle's bikini top has never been found, the court heard.