HELEN Ryan, in jail for murdering her estranged grazier husband near Tamworth, wants money from the sale of their farm to fund her conviction appeal, a judge has been told.
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But the victim’s son, the executor of the estate, claims she is not entitled to any of the farm proceeds under NSW forfeiture laws where killers cannot benefit from their crime.
Helen Ryan, 52, was jailed for at least 27 years last October for murdering Jeffrey Ryan, 48, who was gunned down at the couple’s $1 million property at Duri, near Tamworth in the state’s north, in October 2009.
Ryan was found to have recruited her mother and sister to help arrange the $30,000 contract killing, a plot described by the sentencing judge as “wicked and gravely reprehensible”.
The man convicted of the murder, Kenneth Brooks of Cessnock, was sentenced to 38 years’ jail seven days ago.
In the NSW Supreme Court yesterday, Helen Ryan’s barrister, Peter Barham, applied for the release of $311,000 out of the $1.032 million held by the court.
The money is the proceeds of the sale of the farm, a 491-hectare property with eight dams and a five-bedroom homestead that was auctioned in December last year.
Ben Ryan, the son of the victim from another marriage and executor of his estate, is suing his stepmother, claiming she is not entitled to any of the farm proceeds – a case which has not yet been listed for hearing.
But Mr Barham said half the money in court was “absolutely her money”, because the property was bought in joint names and she was a joint borrower of money for it.
The couple lived together before and after their 2001 marriage and had a child together, he added.
“My client is languishing in prison,” Mr Barham said.
“She needs this money in order to both prosecute her appeal in the criminal proceedings, as well as to defend the proceedings brought against her.
“Her future will be hinging very greatly on what happens in this appeal.”
She had a June 22 deadline for preparing an appeal and her lawyers were unable to continue acting for her unless funding was made available, he said.
Michael Heath, for the estate, opposed the application.
He also questioned various figures put forward for past and future legal fees. Justice Julie Ward reserved her decision.
