A Victorian father who murdered his three sons by driving them into a dam to get revenge against his ex-wife has lost an appeal against his conviction.
43-year-old Robert Farquharson was jailed for life in 2010 after a Victorian Supreme Court jury found him guilty of murdering 10-year-old Jai, seven-year-old Tyler and two-year-old Bailey in September 2005 to get back at his ex-wife Cindy Gambino.
He appealed his conviction in May arguing that a jury should have had the option of convicting him of manslaughter.
But the Court of Appeal dismissed his application today.
Farquharson's lawyers had argued that evidence from a key witness, his friend Greg King, should not have been relied upon because it was inconsistent.
They said the prosecution should have put the theory of killing the boys through negligence, rather than intentionally, as an option for jurors to consider, claiming Farquharson had a respiratory condition that made him a risk on the road.
His appeal was dismissed after the court found it was open to the jury, on the whole of the evidence, to be satisfied beyond reasonable doubt of Farquharson's guilt.
They said the defence had not suggested at any stage during Farquharson's two trials that the jury should be directed to consider the alternative charge of manslaughter.
Members of the public sitting in the body of the court sobbed as the appeal was dismissed.
The children's mother, Cindy Gambino cried, 'It's done! It's dismissed!' before breaking down in tears.
Farquharson has twice been convicted of murdering his sons.
He was sentenced to life without parole after being convicted of the murders in 2007 but won an appeal and was granted a retrial.
After a second trial in 2010 he was sentenced to life in jail with a minimum term of 33 years.