Lawyers for Daniel Morcombe’s killer are seeking to overturn his conviction.
The day a red rose was named after slain Queensland schoolboy Daniel Morcombe, his killer launched an appeal for release.
Lawyers for Brett Peter Cowan will argue the jury should have never heard his confession to undercover police.
The 13-year-old Sunshine Coast boy was abducted in 2003 while waiting for a bus to go shopping for Christmas presents.
Cowan led undercover police, masquerading as gangsters, to his burial site at an abandoned sand mine in the Sunshine Coast hinterland.
He confessed to choking the boy when he tried to run.
The 44-year-old father of three was last month found guilty of murder and indecent treatment of a child and sentenced to a non-parole period of 20 years.
A notice of appeal filed on Thursday by Bosscher Lawyers shows they’ll appeal against Cowan’s conviction on six points.
They say Justice Roslyn Atkinson shouldn’t have allowed the confessions to be aired in front of the Supreme Court jury.
She also erred by not allowing a number of defence witnesses to give evidence.
Furthermore, two mistrial applications should have been upheld as they prejudiced the trial, they say.
One involved a front page splash in The Courier-Mail during the trial with a photo of Cowan and the headline “Daniel’s Killer”.
The other was made after a man left a note for the jury at Daniel’s memorial saying no one could rest until “he” was convicted.
The appeal will be a blow to the Morcombe family, who fought for more than a decade to bring their son’s killer to justice.
To honour the family, a South Australian flower wholesaler named a new variety of rose after Daniel on Thursday.
Daniel’s parents, Bruce and Denise, chose the rose out of six new breeds as the namesake.
It flowers continually throughout the growing season and its vibrant red petals match the colour of the shirt Daniel was wearing when he disappeared.
Sales will aid the Daniel Morcombe Foundation, set up after the teenager’s abduction.
“Through the ongoing community work to protect our children from predators, the Daniel Morcombe Foundation is making a measurable difference, with all funds raised channelled into free safety programs available across Australia,” Mr Morcombe said in a statement.