Neither wanted to talk about the incredible events of the past 24 hours, saying only "the matter is still before the courts". But they were clearly in celebration mode. Free after three years ... Jeffrey Gilham walks out of court today with his wife Robecca. Credit:Dallas Kilponen Mr Gilham's aunt Claire Jarrett described the situation as "surreal". "We can't quite believe this has happened - that Jeffrey is actually free and here with us." "This has been a black cloud hanging over us for nearly 20 years. Today that cloud is lifting."

The NSW Criminal Court of Appeal judges found that Mr Gilham was entitled to a retrial. Supporters cheered as the Gilhams left court. Credit:Dallas Kilponen They have reserved until a later date a decision on whether he should be acquitted and whether there should be a retrial. If he is acquitted, there will not be a retrial. Mr Gilham gave his wife Robecca Gilham a long hug when the decision was announced, while supporters cheered in the courtroom. Robecca Gilham arrives at the court with other supporters. Credit:Dallas Kilponen

He has been ordered to provide a $100,000 surety and report to Gordon police station once a week, while he must reside with his wife in their home in St Ives. Mrs Gilham's close friend Jill Gatland agreed to sign over the surety. "It's a momentous day," she said. Mrs Gilham said she wasn't yet sure how she and her husband would celebrate his release. A phalanx of about 40 Gilham supporters earlier walked into the NSW Supreme Court to learn his fate.

As she walked into the court, Mrs Gilham told the waiting media: "We are very hopeful for justice this morning." Two years ago Mr Gilham was sentenced to life in jail for the murders of his mother and father - a frenzied attack in which the couple were stabbed to death and then set on fire. In the space of just two days the case against Mr Gilham - in which he was convicted by a jury in 2008 - effectively fell to pieces. Forensic evidence that was used by the prosecution to shoot down Mr Gilham's claim that it was his brother Christopher and not he who was responsible for the August 1993 killings, was in turn ripped to shreds by Mr Gilham's legal team and their forensic expert. So significant was the forensic evidence to the Crown case that counsel for prosecution, the newly appointed Director of Public Prosecutions, Lloyd Babb, SC, all but conceded yesterday that Mr Gilham was entitled to a retrial.

"If your honours are against me on that [evidence], then it must be a miscarriage [of justice] and a retrial," he said. The reply from the head of the three-judge appeal panel, Justice Peter McClellan, suggested an acquittal was equally likely: "Well, Mr Crown … I think we may need to be persuaded that there should not be an acquittal." Loading The judges elected to speed up their decision on the appropriateness of a retrial to this morning. - with Louise Hall