Convicted murderer Simon McCartney's lawyer Sevuloni Valenitabua this afternoon told the Fiji Court of Appeal that his client has been a victim of miscarriage of justice and he should not be kept in prison for the crime he did not commit.

Valenitabua while presenting Justice John Byrnes with his submissions for application on bail pending appeal, stressed that there has been so much error where how law has been applied.

He added if the Fiji Court of Appeal carefully sees his evidence, the verdict of murder against McCartney will be overturned.

Valenitabua told the court that the High Court had not believed the post mortem report of Ashika Lata McCartney because it could not give an exact date of Lata's death.

He added according to the post mortem report, Lata would have died 5 to 10 days prior to 2nd of November 2006 which was contradictory to what the state lawyers are saying that Lata died on the 22nd of November.

Valenitabua also brought to the Court’s attention an email that Simon McCartney had received from Lata on the 23rd of November, one day after the murder of Lata.

Valenitabua posed a question in Court, how can Lata be dead on the 22nd of November if she had sent an email to her husband the next day?

DPP lawyer Paulini Madanivosa said these matters were important and they needed to be presented to the full Fiji Court of Appeal seating.

Justice John Byrnes will deliver his ruling on the bail application next week Friday.