A Supreme Court judge has overturned a decision to commit Alan Leahy to stand trial for murder. Source: AAP
A SUPREME Court judge has overturned a coroner's decision to commit Queensland man Alan Leahy to stand trial over the 1991 deaths of his wife and her best friend.
However, the Director of Public Prosecutions (DPP) can still commit Leahy to stand trial.
Earlier this year, State Coroner Michael Barnes committed Mr Leahy to stand trial over the deaths in a case previously deemed to be a murder-suicide.
Mr Leahy was accused of the shooting murders of his wife Julie-Anne Leahy and her friend Vicki Arnold, but denied any wrongdoing.
The women's bodies were found in a four-wheel drive in remote bushland in the Atherton Tablelands near Cairns on August 9, 1991.
Mr Leahy applied in the Supreme Court in Cairns to have the coroner's ruling overturned.
Justice James Henry upheld his appeal in the Cairns Magistrates Court on Tuesday afternoon, saying in his written judgment that the coroner erred in committing Mr Leahy to trial.
The coroner's other findings that the deaths weren't a murder-suicide still stand.
Despite the coroner's ruling being overturned it will be up to the DPP to decide whether a trial takes place.
This decision is due on September 22.
University of Queensland legal expert Heather Douglas says the DPP can still commit Leahy to stand trial, even though the coroner's decision has been overturned.
In deciding to charge Mr Leahy over the deaths, Mr Barnes overturned previous coronial findings that Ms Arnold, 27, had shot and killed her 26-year-old friend before turning the gun on herself.
Mr Barnes was able to commit Leahy to stand trial under laws covering inquests that are heard for cases that arose before 2003.
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