Keli Lane defence positive about appeal despite bail refusal FORMER elite water polo player Keli Lane, who was convicted in 2011 of murdering her newborn baby, held her head in her hands today as a Sydney court refused her bail. But Lane's defence team say that while she is disappointed, they remain positive about her pending appeal. Lane, 37, made the bail application in the NSW Supreme Court - almost two years after she was sentenced to at least 13 years and five months in jail for the 1996 murder of her two-day-old daughter Tegan. Appearing in prison greens via audio-visual link, Lane dropped her head and rested it in her hands as Justice Clifton Hoeben announced his decision. Rather than have people possess false hope ... I'm going to refuse bail today," Justice Hoeben told the court. Lane, whose now dark brown hair was severely pulled back in a low bun, was supported in court by her parents Sandra and Robert Lane and her boyfriend Patrick Cogan. Her barrister, Winston Terracini SC, relied for the bail application on two of the grounds for the appeal. First, he said an alternative count of manslaughter should have been open to the jury as there was no evidence "of infliction of any harm with any intent" - adding that the cause of Tegan's death had never been determined nor her body discovered. Secondly, the crown prosecutor Mark Tedeschi QC had reversed the onus of proof by posing questions to the jury. He said Mr Tedeschi had used a similar method during the trial of Gordon Wood, who was acquitted of murdering his model girlfriend Caroline Byrne last year by the Court of Criminal Appeal. While Justice Hoeben conceded that posing questions was "potentially dangerous," he said Justice Anthony Whealy had foreseen a problem and had given strong directions to the Lane jury. "It's not as bad as Wood, but it's pretty bad," Mr Terracini said in reply. Lane's push for an appeal comes after Justice Whealy made public comments last year that he was not convinced the crown had proved its case against her. Lane has steadfastly maintained she handed Tegan over to the infant's father, with whom she'd had a brief affair. Lane had two terminations as a teenager and had kept three pregnancies and births secret from family and friends, adopting out two children. The crown contended Lane murdered Tegan because a child would have interfered with her sporting, sex and social life. Speaking outside the court today, barrister James Trevallion said the unsuccessful bail application did not reflect the strength of the appeal case. The defence team was "still positive in respect to her appeal," he said. Lane was sentenced to a maximum of 18 years, with her earliest release date set for May 2023. A date for Lane's two-day appeal hearing is to be set on March 14. Mr Terracini said the appeal could be heard in July, with Justice Hoeben to give his reasons for refusing bail tomorrow.