Also two witnesses indicated seeing him, who recanted afterwards. This was also in one of the news articles listed previously. I remember reading a lot about this around the time of the Appeal.Off the top of my head - but this is reported in MSM - he confessed, but under duress. He was not provided with an interpreter despite English not being his first language. He also has Fetal Alcohol Spectrum Disorder (FASD) - which not only causes cognitive impairment but also a tendency to confabulate and a high degree of susceptibility. People with FASD often are involved with the law because they are easily led astray by others, and often confess to committing crimes of which they are innocent. Josh's Mum was very proactive in supporting Gene's appeal and was reported as believing he was innocent.
I'll find the appropriate MSM links for this info and post it
You would have to question whether he was fit to plead... but as has been the case in the past, under the Mentally Impaired Accused Act, often people are held longer under this Act than if they pled guilty and went to jail (a much publicised example in WA is MN http://www.abc.net.au/rampup/articles/2011/12/09/3387845.htm).