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One of the country's top criminal lawyers will petition the Privy Council to overturn Travis Burns' conviction for murdering Auckland kindergarten teacher Joanne McCarthy almost a decade ago.
Barry Hart revealed his plans to the Herald on Sunday last week, claiming that he had "substantial grounds" for the move.
Burns, 40, has always denied hammering the Whangaparaoa mum to death in her home on November 12, 1998, in front of her 11-month-old son, Marcus, and a friend's toddler, 14-month-old Georgina Roe. The children were unharmed, but left terrified and spattered in blood.
During Burns' trial, the Crown successfully argued his DNA was found under McCarthy's fingernails. In September 2000 Burns was sentenced to life imprisonment and ordered to serve at least 15 years before being considered for release on parole.
Burns lost his bid to have his conviction overturned by the Court of Appeal at Wellington in 2001.
McCarthy's widower Kurt Bolli said he was surprised by the news.