Second guilty verdict for Perth brothers accused of murder
Two brothers who claimed they were framed for murder by a gang of Estonian men have been found guilty again of killing a Perth business associate.
Ambrose John Clarke, 54, and Xavier Gerard Clarke, 52, faced an almost four-month re-trial in the West Australian Supreme Court charged with murdering 57-year-old Peter Davis.
The jury heard Ambrose Clarke had started a franchise of Mr Davis' business but in 2009 the relationship soured and Clarke believed he was owed about $300,000.
After intimidation and failed attempts to recover the money through an unlicensed debt collector, Mr Davis was lured to a Malaga address in May 2011 under the guise of giving a business quote and killed, prosecutor Paul Usher said.
He said the father of four was assaulted and suffered a "fatal cardiac event".
Mr Davis' body was found covered in plastic in the boot of his vehicle at the Great Eastern Motor Lodge the next day.
The grim discovery happened after his son Kurt randomly drove into the car park and saw Ambrose Clarke in the passenger seat of another car, which then rammed his vehicle before driving away.
Xavier Clarke's defence counsel Jonathan Davies blamed Mr Davis' assault on an Estonian gang, who had casually worked for Ambrose Clarke and had their own issue with the victim.
He said Mr Davis' heart was "like a bomb waiting to go off".
Ambrose Clarke's defence counsel Shane Brennan said he would have to be "the dopiest murderer that ever lived" to put incriminating items, including a page from Mr Davis' diary, in his unlocked filing cabinet.
He claimed the items were planted to frame his client.
The jury began deliberating yesterday morning and returned guilty verdicts this afternoon, prompting family members to gasp and cry.
The brothers were previously convicted of Mr Davis' murder in December 2013 and were sentenced to life behind bars with a minimum of 18 years.
But in February 2018, their convictions were quashed and they were granted bail ahead of their retrial.
The pair are now back behind bars and will face a sentencing hearing on September 6.
Mr Davis' wife Jenni said she had endured "a little bit of hell on Earth" for the past eight years and it was horrendous to sit through the lengthy legal process.
"Two juries, two times - it's just the best news ... we can now perhaps get on with our lives and (it's) justice for Peter again," she told reporters.
Ms Davis has eight grandchildren and said her husband had missed out on meeting six of them, including her newborn grandson.
"I'm sure he's looking down," she said.
"My husband was too young to die ... he's missed out on a hell of a lot."
But while Ms Davis believed the second verdict should be it, the Clarke family said they were planning another appeal.
"This destroys our confidence in the jury system," brother-in-law Adrian Bertino-Clarke told reporters.
"We will appeal again and again until justice is achieved."
Ambrose Clarke's daughter Phoebe said the family was devastated and heartbroken.
© AAP 2019