A WOMAN told police that the man who allegedly shot her son was a "Kiwi" of a medium build who had short dark hair and did not have dark skin.
But the man a jury convicted was muscular looking and had distinctive dark skin because he was of African descent.
Judges have ordered Tweed Heads man Robert Kingsley Corowa stand trial again for attempted murder because he was unjustly convicted at his previous trial and was sentenced to 14 years jail.
Corowa was accused of hiring a private investigator from Ipswich and they followed his former girlfriend to Toowoomba.
They had been together for about five years before splitting in 2010.
Corowa was accused of firing a shotgun at his former girlfriend's new boyfriend outside a Gold Coast house in 2011.
The man was shot in the shoulder.
The man's mother witnessed the shooting and gave police a description of the shooter, which the Court of Appeal heard did not match Corowa.
Within 24 hours of the shooting, police showed the mother 12 photos of young men, including Corowa, asking her to pick out the offender.
But she did not recognise any, the court heard.
It wasn't until about three months later when she was working at a service station that she allegedly saw Corowa again and recognised him as being the shooter.
Court of Appeal Justice Margaret McMurdo said the judge at Corowa's trial did not make it clear to the jury about weaknesses in the identification process.
Justice McMurdo said the judge suggested to the jury that the mother's visual identification could be supported by itself.
"This was wrong and confusing," she said.
Justice McMurdo said the mother's identification of the alleged shooter - Corowa - at the service station could have been "reconstructive" rather than an identification.
The Court of Appeal judges set aside Corowa's conviction and ordered a retrial.