FATHER-OF-TWO David Kimber has won his appeal against a conviction for the murder of his common-law wife Maria Vertannes.

He was given a life sentence two years ago for stabbing her to death.

Lord Justice Henry, sitting with Mr Justice Hooper and Mr Justice Goldring, allowed Kimber's appeal after the hearing at the Criminal Appeal Court in London on Friday.

But the judges declined to give their findings on the appeal until a later date.

Kimber however, will remain in custody pending a retrial.

The body of mother-of-two Maria Vertannes, 26, was found at the couple's flat in Eastleigh Road, Devizes, on March 4 1997.

She had been repeatedly stabbed in the chest.

At his original trial at Bristol Crown Court in 1998, Kimber, who is now 29, did not deny stabbing Miss Vertannes. His defence rested on five suicide notes he had written just days before the killing.

He had written to friends Steven Godwin and Paul Plunkett, to Miss Vertannes, and to his parents in Marlborough. Mr Plunkett told the trial Kimber had said in February 1997 he was going to hang himself using a dog lead

At the time of the murder, Kimber and Miss Vertannes were involved in a custody battle over their two children. Kimber alleged it had been preying on his mind.

In a note to Mr Godwin, Kimber wrote: "I have decided to end my life tonight because I have snapped through all the stress. If and when I lose the custody battle I will not be able to bear the strain."

But psychiatrist Dr Ellen Wilkinson told the court the letters were just a cry for help and did not show Kimber suffered from a mental illness. She considered he was in a normal state of mind before and after the stabbing.

"The stabbing was a normal response to the situation Kimber was in. His accurate report of how many wounds he inflicted was too clear for him to be suffering from an abnormal mind," she said.

However, forensic psychiatrist Dr Robert Reeves said once Kimber had started stabbing Miss Vertannes, he would have been unable to stop himself. His anger would have been like a dam bursting and nothing or no-one could have stopped him.

He said: "The anger and emotion had probably been building up for months and when it was triggered, he could not stop."

Judge John Owen told the jury at the trial: "When deciding the verdict you must not be over-emotional: the fact that someone has died is irrelevant. You may have a great deal of sympathy for the children and for Maria, but there was an unlawful killing was it murder or manslaughter? It is up to you."

The jury found Kimber guilty of murder and he was sentenced to life imprisonment.

It could be several weeks before it is known on what basis the appeal has been allowed.

It is also not yet known when the retrial will be held.

Kimber's family were this week not prepared to comment on the success of the appeal.