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Boxer Khalid Baker denied appeal for a murder he didn’t commit after mate admitting it was him

A champion teenage boxer who spent 13 years in prison for a murder admitted by another man has lost a petition to clear his name.

Melbourne boxer Khalid Baker was on the brink of becoming a national hero in 2005 when he was charged with the murder of Albert Dudley Snowball of Perth.

His mate at the time, who cannot be named for legal reasons, told the Supreme Court that it was he who pushed Mr Snowball, 22, in the seconds before falling four meters from a window to his death.

Khalid Baker is back in the ring after serving 13 years in prison for a crime another man claims to have committed

Khalid Baker is back in the ring after serving 13 years in prison for a crime another man claims to have committed

Khalid Baker was surrounded by disappointed supporters as he left the Melbourne Supreme Court on Wednesday

Khalid Baker was surrounded by disappointed supporters as he left the Melbourne Supreme Court on Wednesday

Khalid Baker was surrounded by disappointed supporters as he left the Melbourne Supreme Court on Wednesday

But on Wednesday, the same court ruled that those confessions weren’t good enough to even allow Baker a new trial.

A confident Baker had walked into the courthouse beaming, only to leave a shattered man moments later.

“I just want to say that I respect the court’s decision. It’s not the result I wanted. I will appeal to the Supreme Court. I am very disappointed,” he said.

The man, just 17 years old at the time, had been called “LM” in court, previously telling 60 Minutes that he had been the “last person” to fight Mr. Snowball before going out the window.

LM appeared in court last month to repeat his story after being forced to do so by the Supreme Court of Victoria.

Baker told a media pack that he was confused by the court’s decision to deny him justice.

“We have a man who admitted the crime. It has now been 17 years since I fought in this case to clear my name. I am an innocent man and I will not stop fighting,” he said.

“This is just another hurdle I have to get over and hopefully soon we’ll be in the Supreme Court and we’ll undo this case and somehow clear my name.”

It took Judge Karin Emerton less than a minute to deliver the verdict in front of dozens of Baker’s supporters.

Khalid Baker outside the Supreme Court of Victoria Court of Appeal on Wednesday.

Khalid Baker outside the Supreme Court of Victoria Court of Appeal on Wednesday.

Khalid Baker outside the Supreme Court of Victoria Court of Appeal on Wednesday.

Baker and Melbourne television identity Eddie McGuire after Baker was released from prison

Baker and Melbourne television identity Eddie McGuire after Baker was released from prison

Baker and Melbourne television identity Eddie McGuire after Baker was released from prison

“While we are convinced that the evidence presented in this court constitutes new evidence, we do not consider the evidence to be conclusive,” she said.

“More specifically, we do not consider the evidence to be reliable, substantial or very convincing on the main matter disputed at trial.”

The decision was disapproved of by Justice Emerton’s colleagues, including Justice Phillip Priest and Justice Richard Niall.

“In those circumstances, there is no reason in the administration of justice to consider the new evidence,” Judge Emerton said.

Last month, Baker’s former buddy stood before the three “judges” armed with a certificate freeing him from self-incrimination.

LM told the court that he had been trying to end an argument between another mate and Mr. Snowball when Mr. Snowball punched him in the face.

“What the hell are you doing,” LM told the court he’d said to Mr. Snowball before pushing him away almost at full throttle.

LM said he had no idea where Baker was during the altercation and he didn’t see Mr. Snowball go out the window.

But when he walked out a little later, he saw him lying on the sidewalk, seriously injured.

Mr Snowball had fallen four feet and died two days later in hospital from head injuries.

LM’s inability to see where Baker was at the time could be critical to the Court of Appeal’s decision.

On May 26, 2008, it was Baker who was convicted of the murder of Mr. Snowball and was sentenced to 17 years in prison with a 12-year unconditional period.

Baker spent 13 years in prison before being released in 2018.

He has since maintained his innocence, unsuccessfully appealing to the Supreme Court of Victoria in 2010 and to the Supreme Court in 2012.

In May, Baker again appealed to the Victoria Supreme Court on the basis of “new and compelling evidence” that it was his co-defendant whose actions alone had caused Mr Snowball’s death.

Baker had hoped that LM would be happy to go to court and admit the crime and clear Baker’s name once and for all.

Baker’s mate had offered to plead guilty to manslaughter, but the offer was turned down by prosecutors at the time because Baker refused to do the same.

LM pleaded not guilty to murder and was acquitted by a jury.

Baker’s version of events was supported by three eyewitnesses at the trial, who claimed he “wasn’t even near them when it happened.”

Khalid Baker with Faruk Orman, who was acquitted of murder and released from prison over the Nicola Gobbo scandal

Khalid Baker with Faruk Orman, who was acquitted of murder and released from prison over the Nicola Gobbo scandal

Khalid Baker with Faruk Orman, who was acquitted of murder and released from prison over the Nicola Gobbo scandal

Baker is determined to clear his name after 13 years behind bars

Baker is determined to clear his name after 13 years behind bars

Baker is determined to clear his name after 13 years behind bars

While LM couldn’t be forced to testify at Baker’s first trial, the Supreme Court ruled he could now.

The court heard that LM could still violate Victoria’s double-danger laws if the prosecution believes it has enough evidence to lead another trial.

The law, which once stated that no one should be tried or punished twice for the same offense, was reformed in 2011 and opened the gates to new trials to be ordered when there is compelling new evidence that a person previously acquitted of a serious misdemeanor is guilty.

LM was acquitted despite the jury hearing evidence that he told police in an interview report that he “grabbed” and “pushed” Mr Snowball before going out the window and “assuming” he was out the window gone as a result of the push.

Baker’s attorneys claimed there has been a substantial miscarriage of justice — one that cost Baker 13 years of what should have been the best years of his life.

In documents filed with the Supreme Court of Victoria, Baker’s legal team allege that LM admitted that he had last physical contact with Mr Snowball and that Baker was not involved in or near that last physical contact.

Since Baker’s prison term, LM had made statements and conducted television interviews with 60 Minutes, The Law Report and The Project, admitting he was responsible.

LM had told his friends at the time that it was him who pushed Mr. Snowball through the window.

The man once known as 'The Smiling Assassin' is back in the ring after serving 13 years in prison

The man once known as 'The Smiling Assassin' is back in the ring after serving 13 years in prison

The man once known as ‘The Smiling Assassin’ is back in the ring after serving 13 years in prison

Khalid Baker is determined to clear his name after serving 13 years in prison for murder

Khalid Baker is determined to clear his name after serving 13 years in prison for murder

Khalid Baker is determined to clear his name after serving 13 years in prison for murder

The window where Albert Snowball fell off in 2005

The window where Albert Snowball fell off in 2005

The window where Albert Snowball fell off in 2005

When Baker went to trial, none of the evidence provided by LM could be presented to the jury and he could not be forced to do so.

IOUs made by LM prior to the trial were dismissed as inadmissible, a claim upheld by the High Court.

LM’s evidence was considered crucial by the Supreme Court of Victoria if Baker’s appeal were to be granted.

Prosecutors had opposed Baker’s attempt to take LM to court, alleging that the court did not have the power to compel him to do so.

The court heard that LM had told Baker that he would appear in court voluntarily, but changed his mind a few days before he was due to appear.

On Tuesday, LM claimed he had acted in self-defense.

“Look what you made me do,” he said to his buddy who had started the fight.

“A guy I was on the landing with and I’d just pushed went out the window . . . in an altercation with Mr. Snowball.”

LM told the Supreme Court that he could not recall Baker being near the altercation at the time Snowball was pushed.

“I don’t remember Mr Baker being on the landing,” he said.

“I have no idea where he was.”

The scuffle that sent Mr. Snowball out the window lasted less than a minute, LM said.

Khalid Baker and Allison Langdon today

Khalid Baker and Allison Langdon today

Khalid Baker and Allison Langdon today

Baker and former Australian treasurer Josh Frydenberg

Baker and former Australian treasurer Josh Frydenberg

Baker and former Australian treasurer Josh Frydenberg

Khalid Baker is a man on a mission in and out of the ring

Khalid Baker is a man on a mission in and out of the ring

Khalid Baker is a man on a mission in and out of the ring

Since Baker’s release from prison, he has won each of his nine fights – seven by knockout.

Baker had come out of prison in tip-top shape after following a strict physical regimen that continues on the outside.

Sources say Baker has never taken drugs and refuses to drink anything.

On the night he allegedly committed the murder, he had been the designated driver and had not had a sip of alcohol.

Those who know Baker say he has unfinished business after his dreams of representing Australia in the Commonwealth Games were thwarted by his jail time.

Back then, Baker was in a similar position, having won nine fights in a row with his eyes firmly set on success.

“People always put me down when I was young,” Baker told this reporter in 2005.

“They said I wouldn’t mean anything, and now I’m going to a place where everyone is afraid. They don’t want me to go where I want to go.’

Baker now trains with Sydney’s Billy Hussein and Melbourne’s Peter Hatton. It is rumored that Baker is considering making a move to the heavyweight division, where he can take on former AFL bad boy Barry Hall.