The NSW Court of Criminal Appeal has acquitted Jeffrey Gilham of murdering his parents and brother at their Sydney home nearly twenty years ago.

Two of three judges at the appeal court have decided in favor of Gilham in a split decision. Justice Peter McClellan concluded the case against Gilham should go back to the DPP to determine if Gilham should stand trial again. But Justices Elizabeth Fullerton and Peter Garling found reason to believe Gilham is not guilty.

Gilham had been accused of stabbing his parents Helen, 55, and Steven, 58, as well as his older brother. He allegedly set their bodies on fire at the family home in Woronora in Sydney in August 1993.

Tragic murder in the family

Gilham, now 42, has always claimed his older brother Christopher, 25, had killed their parents. He further maintained that he had struggled with Christopher to get the knife used in killing. He had subsequently killed his brother in a state of rage at the scene.

A jury convicted Gilham, and he received a life imprisonment sentence in 2008.

An appeal hearing last year heard new forensic evidence that showed there were low levels of carbon monoxide in the blood of all three victims. It meant the three may have been alive at the time the fire was lit in the home, which was consistent to Gilham's claims.

The 2008 hearing heard that Christopher was already dead when the fire went ablaze at the Gilham home, leaving Jeffrey as the only suspect to have killed all three victims.

Not over yet?

However, Tony Gilham, an uncle of Jeffrey, has said the matter is not over yet. He said he wants to appeal the decision to the High Court.

"There's a miscarriage of justice that's taken place here," said Tony Gilham.

For his part, Jeffrey Gilham issued a statement outside the court, saying, "I am very happy to be going home a free man."

"This has been a horrendous experience for us. I'm glad today that I've been acquitted of the charges," he added.

Jeffrey thanked everyone who has stuck by his side, including his wife and children, during the ordeal.