Man wants to take appeal further in hope of 'fair' hearing

A TOOWOOMBA man who threatened to kill his former wife, her solicitor, the city's magistrate and the investigating policeman in his case told a judge he wanted to appeal his jail sentence but feared he would not get "a fair hearing".

Michael Denby Martin, appearing via phone in Brisbane District Court on Monday, said he wanted the court to switch him from parole-release from jail to a suspended jail sentence which is less onerous.

Martin had his parole transferred to NSW after sentence last year but had since been offered a job in Toowoomba which began March 25.

The court heard NSW's parole authority was allowing him to keep a permanent address near Newcastle and report weekly via telephone.

The Crown argued the appeal basis was therefore a moot point.

Judge Milton Griffin said he recalled Martin telling him during a phone appearance in court on March 25 that he was stuck in NSW because he could not leave unless he had this sentence changed.

He said Martin was now telling him he did begin work in Willowburn on the date proposed while arguing this appeal process was "a circus".

"It's a circus all right and you seem to be contributing to it," Judge Milton Griffin said.

"I don't believe I'll get a fair hearing with you so I'll just go to a higher court," Martin said.

But that was about the last thing clearly discernible as the mobile phone he was speaking on projected garbled nonsense through presumably bad reception.

Judge Griffin warned Martin he was liable for costs if his appeal was unsuccessful before setting an appeal down for May 13.

An email made after Martin's marriage breakdown sparked threatening emails and tests to numerous people connected to a court order made against him in August, 2010.

Toowoomba magistrate Kay Ryan transferred to Townsville, away from family, a year earlier because the anonymous emails had caused great stress.

Martin served more than seven months of a two-year jail sentence before being released on parole which will expire on January 23 next year.

The sentencing court heard Martin had suffered a number of mental health issues but was much calmer since being placed on medication.

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