'Body in esky' killer wins appeal over missing bones

A man imprisoned for torture and manslaughter is eligible for early release after the Court of Appeal ruled he could not comply with Queensland's “no body no parole” law.

Matthew Leslie Armitage was convicted, along with his father Stephen John Armitage and a third man, William Francis Dean, of the torture and manslaughter of Gold Coast man Shaun Barker and interfering with his corpse.

The three men abducted Mr Barker and kept him in a large esky on the suspicion he had stolen an ingredient for manufacturing methamphetamine.

Armitage, then aged 29, was in 2020 sentenced to eight years in prison required to serve 80 per cent of his sentence.

Sections of Mr Barker's charred remains were found in April 2014 at the Toolara State Forest about 160km north of Brisbane. Some burnt bones were found in a fire pit.

Armitage argued in August this year before the Court of Appeal that he should not be denied release as his victim's missing remains probably no longer existed.

LISTEN to the new podcast Court in the Act

Inside the courtroom with Tim Clarke.

Find out more

About 15 per cent of Mr Barker's remains have never been recovered, including his shin bone, and both hands and feet.

The Court of Appeal heard the unrecovered parts of Mr Barker's body would now have been completely destroyed through fire, weather effects, decomposition and animal activity.

The appeal described the no body, no parole law as providing an incentive to prisoners to provide what information they can that might assist in the possible locating and recovery of the whole of the victim's body or remains.

The law required co-operation with police but the actual recovery of remains was not essential.

In a judgment released on Tuesday, the Court of Appeal ruled that a review of the parole board's decision had incorrectly applied the no body, no parole law and ordered the board to reconsider Armitage's application for release.

Justice Peter Flanagan said all of the remains of Mr Barker that still exist or were capable of being located, had been located.

“No amount of co-operation from the prisoner will change this situation,” Justice Flanagan said.