A WOMAN in jail for murdering her estranged husband could receive as much as $242,000 from his estate to fund an appeal against her conviction.
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Helen Ryan, 52, formerly of Tamworth, was jailed for at least 27 years in October last year for murdering Jeffrey Ryan, 48, who was gunned down at the couple’s property at Duri in October 2009.
Justice Julie Ward ruled in the NSW Supreme Court yesterday Ms Ryan should be allowed to access some of the funds from the estate to allow her to seek legal advice and to fund an appeal against her conviction.
She has until June 22 to meet a deadline in the Court of Criminal Appeal for her appeal to be lodged.
Lawyers acting on Ryan’s behalf sought more than $311,000 of the estate from the $1.032 million proceeds from the sale of the farm, but Justice Ward said no more than $242,004 should be released.
She ruled before any money was released she would have to approve an estimate of Ms Ryan’s legal costs.
“Should any funds be so released, they should not exceed an aggregate of $242,004, though I am by no means suggesting that this is the amount that should ultimately be paid out of the fund,” Justice Ward said.
“I will hear submissions from counsel in relation to the above and I will defer making final orders until that time.”
Ryan was sentenced to the 27-year jail term in October for hiring Cessnock pensioner Kenneth Brooks to shoot and kill her husband at their Duri property.
Her mother, Coralie Coulter, and sister Ganene Coulter, were also implicated in the murder and are serving sentences of more than 10 years.
Kenneth Brooks is serving a jail term of 38 years for the murder.
The executor of Mr Ryan’s estate, his son Ben, has claimed his former stepmother is not entitled to any of the proceeds from the farm sale under the NSW forfeiture law in which killers can’t benefit from their crime.
The judge said it seemed likely that the estate would be found entitled to at least a 50 per cent share of the sale proceeds and potentially at least 76.55 per cent.
There was a “recognised public interest” in a person in Ryan’s position being able to obtain legal advice about an appeal and to prosecute it if advised, she said.
A date is yet to be fixed for Justice Ward’s determination.
