Self-employed Perth businessman Peter Davis thought he was meeting up with a potential client to give a work quote.
Instead, the father-of-four was lured to a Malaga address then bashed over a perceived debt of about $300,000.
Mr Davis’ heart could not take it and he died.
The 57-year-old’s body was found the next day covered in plastic in the boot of his vehicle at the xjmtzywGreat Eastern Motor Lodge.
The killers were in the process of covering up their crime when Mr Davis’ son Kurt happened to stumble upon them while searching for his father.
Kurt’s car was rammed and the driver sped away.
Brothers Ambrose John Clarke and Xavier Gerard Clarke were eventually arrested and charged.
Mr Davis’ murder happened in May 2011, but the case has been dragged out in the courts by two lengthy trials and two appeal hearings.
On Tuesday, the Clarke brothers lost their second appeal bid and will now serve life sentences for murder.
The court heard Ambrose Clarke, who had been a business associate of Mr Davis until 2009 when their relationship soured, believed he was owed at least $300,000.
A forensic pathologist found Mr Davis “died from cardiac arrhythmia in a man with coronary artery atherosclerosis and multiple blunt force injuries”.
The Clarke brothers were first 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, which ran for almost four months before they were again found guilty.
The pair were again found guilty and in September 2019 they were sentenced to life in prison with a minimum of 21 years.
The brothers again appealed against their convictions, arguing the jury’s verdict as to the cause of death was unreasonable and not supported by the evidence.
They further argued that the jury’s verdict as to the element of intent to kill was unreasonable or not supported by the evidence.
But three judges in the WA Court of Appeal agreed their respective cases should be dismissed.
Justice Michael Buss said he did not have reasonable doubt as to the correctness of the jury’s verdict regarding the element of intent to kill.
“It would not be dangerous, in the circumstances, to permit the verdicts of guilty to stand,” he said.
Regarding the other ground of appeal, Justice Buss made a similar finding.
“Neither of the grounds has been made out. The appeals must be dismissed,” Justice Buss concluded.
The two other judges of the court, Justice Robert Mazza and Justice Robert Mitchell, were in agreement with Justice Buss’ orders.
