WEBVTT - Chris Dawson ‘wanted it all’

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<v Speaker 1>From The Australian. Here's what's on the Front. I'm Claire Harvey.

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<v Speaker 1>It's Tuesday, May fourteen. Forget about future surpluses. That's the

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<v Speaker 1>advanced word on today's federal budget. As Jim Charmers bakes

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<v Speaker 1>in long term spending blowouts. The Treasurer will deliver a

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<v Speaker 1>nine point three billion dollar surplus this year, then deeper

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<v Speaker 1>deficits over the next four years. The money's going on

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<v Speaker 1>unavoidable deals with the states to pay for things like

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<v Speaker 1>housing and help, plus pay rises for low paid workers

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<v Speaker 1>and cost of living relief. Tonight we'll release a special

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<v Speaker 1>episode of The Front all about the budget, and you

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<v Speaker 1>can be the first to know all the detail and

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<v Speaker 1>what it means for your business and household by subscribing

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<v Speaker 1>to The Australian dot com dot AU. A member of

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<v Speaker 1>the University of Melbourne's governing council says the UNI's response

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<v Speaker 1>to gaza protests has been unaccepted and he's lashed antisemitism

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<v Speaker 1>proliferating on campuses across the country. The kids, the house

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<v Speaker 1>and the teenage babysitter. That's what Chris Dawson wanted, says

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<v Speaker 1>a judge hearing the former Rugby League stars appeal on

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<v Speaker 1>his murder conviction. Dawson is attempting to demonstrate his wife, Lynn,

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<v Speaker 1>who hasn't been seen by her family since nineteen eighty two,

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<v Speaker 1>may have just walked out on him and their little girls.

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<v Speaker 1>That's today's episode. Sydney in January is hot and sticky.

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<v Speaker 1>New Year's bring temperatures over forty degrees on some days

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<v Speaker 1>and violent afternoon storms in the earliest days of nineteen

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<v Speaker 1>eighty two. That was very much the case. On January ninth,

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<v Speaker 1>nineteen eighty two, a young father from Sydney's Northern Beaches

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<v Speaker 1>arranged to take his two daughters, then aged just four

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<v Speaker 1>and two years old, to a local title pool to

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<v Speaker 1>escape the heat. There they paddled in the shadows, supported

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<v Speaker 1>by their dad, a tanned athletic Chris Dawson. Their maternal grandma,

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<v Speaker 1>Helena Simms, was there, so was one of Dawson's friends,

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<v Speaker 1>Philip Day. It was during this outing that Dawson claims

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<v Speaker 1>he received a phone call from his wife, Lynnette. He

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<v Speaker 1>says she told him she wanted to get away for

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<v Speaker 1>a few days clear her head. Lynn's family never saw

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<v Speaker 1>her again. In twenty twenty two, more than forty years

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<v Speaker 1>after that summer day at Northbridge Baths, Justice he and

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<v Speaker 1>Harrison in the New Southwald Supreme Court found Christopher Michael

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<v Speaker 1>Dawson guilty of Lynnette's murder. The judge said that on

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<v Speaker 1>that day at the baths, Chris had already murderedly and

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<v Speaker 1>left her body in their home, planning to return later

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<v Speaker 1>and dispose of her remains.

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<v Speaker 2>Christopher Michael Dawson on the charge that on are about

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<v Speaker 2>eight January nineteen eighty two, at Dayview or elsewhere in

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<v Speaker 2>the state of New South Wales, you did murder Lynett Dawson,

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<v Speaker 2>I find you guilty.

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<v Speaker 1>On Monday, almost two years after Justice Harrison sentence Dawson

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<v Speaker 1>to twenty four years in prison, Dawson's appeal got underway

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<v Speaker 1>in the New South Wales Court of Criminal Appeal. His

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<v Speaker 1>public defender, Belinda Rigg SC says the evidence doesn't stack up.

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<v Speaker 1>We've used a voice actor to bring you the words

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<v Speaker 1>spoken in court.

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<v Speaker 3>The evidence is not sufficient in its nature and quality

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<v Speaker 3>for the inferences to be drawn beyond reasonable doubt.

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<v Speaker 1>That trip to the north Bridge Barths is central to

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<v Speaker 1>Dawson's application. In the trial, prosecutor Craig Everson SC told

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<v Speaker 1>the court Dawson had in id Lynn's mum, Helena Simms,

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<v Speaker 1>and friend Philip Day to the baths on that day

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<v Speaker 1>so they could see him be called into the pool

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<v Speaker 1>office to take a long distance phone call. That's the

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<v Speaker 1>call Dawson claims was from Lynn. The Crown also alleged,

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<v Speaker 1>and Justice Ian Harrison agreed it was all part of

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<v Speaker 1>Dawson's plan to get his little girls out of the

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<v Speaker 1>way for the night. He told Philip Day that Lynn

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<v Speaker 1>wanted the girls to spend the night with their grandma

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<v Speaker 1>on the other side of Sydney. Justice An Harrison found

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<v Speaker 1>that was so Dawson could go home alone and deal

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<v Speaker 1>with Lynn's remains, but Dawson's public defender, Belinda Rigg SC

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<v Speaker 1>said that's probably reading too much into it. The Crown

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<v Speaker 1>at trial suggests that there was some sinister or underhand

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<v Speaker 1>aspect to this relationship, to this arrangement with mister Day.

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<v Speaker 1>Justice Christine Adamson, one of the three Supreme Court justices

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<v Speaker 1>hearing the appeal, asked rig if she meant to argue

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<v Speaker 1>that Dawson could have murdered Lynn at a later day.

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<v Speaker 1>That is, the judge wanted to know, are you saying

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<v Speaker 1>Dawson could have murdered Lynne, but he just didn't murder

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<v Speaker 1>her at the time. The Crown has alleged.

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<v Speaker 3>No, your honor, it's submitted that it is a reasonable hypothesis,

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<v Speaker 3>consistent with innocence, that she was alive at that time.

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<v Speaker 3>The Crown has undertaken a trial to disprove that as

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<v Speaker 3>an indispensable intermediate fact. And it's not an issue in

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<v Speaker 3>these proceedings that he might have murdered her but at

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<v Speaker 3>a different point in time after that afternoon. No, it's

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<v Speaker 3>a crucial issue whether there's a reasonable possibility that Lynette

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<v Speaker 3>Dawson called the north Bridge Barths on the afternoon of

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<v Speaker 3>the ninth of January, which would result in the acquittal

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<v Speaker 3>of the applicant.

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<v Speaker 1>One of the grounds of Dawson's appeal is that the

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<v Speaker 1>evidence didn't establish beyond a reasonable doubt that Lynn was

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<v Speaker 1>dead on January nine. One of Harrison's reasons for his

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<v Speaker 1>finding was that Lynn didn't communicate with any family members

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<v Speaker 1>after that date, but rig argued, these long breaks in

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<v Speaker 1>communication common. Just a note on this. Belinda Rigg and

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<v Speaker 1>the judges call Lynn miss Dawson. Her legal name was

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<v Speaker 1>Lynnette Dawson, but her family has asked us to call

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<v Speaker 1>her by her maiden name, Lynnette Simms.

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<v Speaker 3>Miss Dawson's sister, pat Jenkins didn't have a phone at

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<v Speaker 3>her home at Stuart's Point on the Mid North Coast.

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<v Speaker 3>She was at that time speaking quickly and breathing heavily,

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<v Speaker 3>and she offered for her to come and stay with her.

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<v Speaker 3>At that time. Miss Dawson had a very close relationship

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<v Speaker 3>with her mother, but there's nothing in Helena sims diary

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<v Speaker 3>entries for October nineteen eighty one to January nineteen eighty

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<v Speaker 3>two or otherwise, or other evidence in the trial suggesting

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<v Speaker 3>that they had daily contact or anything close to that

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<v Speaker 3>with one another.

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<v Speaker 1>Belinda Riggs said Lynd Dawson's mindsetting the lead up to

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<v Speaker 1>her disappearance indicated it was possible that Dawson didn't kill

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<v Speaker 1>her at all, that she left the family home at

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<v Speaker 1>Bayview and her small children of her own volition. Rigg

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<v Speaker 1>said the young mum wasn't coping because Dawson was angry,

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<v Speaker 1>incommunicative and reluctant to be intimate with his wife. Plus

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<v Speaker 1>she was distraught at the arrival in her home of

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<v Speaker 1>a teenage babysitter. This girl is known by the acronym

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<v Speaker 1>JC because she was a child during significant parts of

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<v Speaker 1>this story. J C was sixteen years old when, according

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<v Speaker 1>to the finding of another court, Dawson, her school teacher,

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<v Speaker 1>illegally had sex with her. He's been convicted of unlawful

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<v Speaker 1>carnal knowledge and is serving a three year sentence for that.

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<v Speaker 1>J C was the family babysitter, but Dawson was infatuated

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<v Speaker 1>with her and had moved her into their home for

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<v Speaker 1>long periods of time. Lynn knew she and Chris were

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<v Speaker 1>having sex, and she was distraught.

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<v Speaker 3>She had found him in bed in their home with JC.

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<v Speaker 3>She had found her topless and naked in their family pool,

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<v Speaker 3>and her loss of self esteem and devastation at those

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<v Speaker 3>circumstances were discussed with friends and work colleagues.

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<v Speaker 1>So this is Chris Dawson's public defender arguing that because

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<v Speaker 1>Dawson was being unfaithful with a schoolgirl, Lynn was in

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<v Speaker 1>such despair that she might well have left her beloved

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<v Speaker 1>children and her home. It's a tough case for a

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<v Speaker 1>barrister to argue, even one as learned as Belinda Wigg.

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<v Speaker 1>So what about the fact that witnesses said Lynn would

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<v Speaker 1>never voluntarily leave her kids. Belinda Riggs said Lynn knew

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<v Speaker 1>the girls would be well cared for by their father.

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<v Speaker 3>There was a considerable body of evidence that mister Dawson

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<v Speaker 3>was and was well known to miss Dawson to be

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<v Speaker 3>highly capable of looking after the children. Miss Dawson would

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<v Speaker 3>sit and chat with the other women at the picnics,

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<v Speaker 3>and it would always be mister Dawson who was playing

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<v Speaker 3>with the children, changing nappies, looking after the children's needs.

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<v Speaker 1>That a woman would voluntarily abandon her children wasn't an

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<v Speaker 1>entirely novel concept for Christale. We heard in the murder

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<v Speaker 1>trial that there was a family story about a woman

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<v Speaker 1>who'd done just that. This was the mother of Chris's brother,

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<v Speaker 1>Peter Dawson's ex wife, Lynnell. Lennelle's mother had left the

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<v Speaker 1>family when Lynnell was just a child. Belinda Rigg argued

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<v Speaker 1>this could go some way to explaining Chris Dawson's actions

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<v Speaker 1>in the crucial days and weeks after Lynn disappeared.

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<v Speaker 3>That situation, having so starkly occurred in the Dawson family

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<v Speaker 3>and well known to them, may well have contributed, amongst

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<v Speaker 3>other things, to Chris Dawson not doing everything within his

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<v Speaker 3>power to go and find his wife.

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<v Speaker 1>Justice Adamson was curious about this.

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<v Speaker 4>So in those circumstances where somebody who's really desperate to

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<v Speaker 4>be a mother only becomes a mother seven years after

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<v Speaker 4>she's been married, absolutely adores her children, it's difficult to

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<v Speaker 4>see how the applicant's former sister in law's mother can

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<v Speaker 4>really have a bearing on that normalization, given the focus

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<v Speaker 4>of miss Dawson on getting pregnant and her joy at

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<v Speaker 4>having the two children.

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<v Speaker 3>Rigg responded, his conduct on his own account of what

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<v Speaker 3>happened is uncaring and perhaps callous in terms of just

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<v Speaker 3>continuing things with j C in the house and not

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<v Speaker 3>making a greater effort than he did to find his wife.

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<v Speaker 3>But it is of some importance that there was this

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<v Speaker 3>big feature in their family of a woman who had

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<v Speaker 3>left and set up her own life. That he might

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<v Speaker 3>not necessarily presume something bad had happened to his wife.

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<v Speaker 3>He might think it more plausible than another person might

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<v Speaker 3>that his wife had simply decided to move on and

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<v Speaker 3>set up a new life for herself.

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<v Speaker 1>Justice and Harrison found it was Chris Dawson's infatuation with

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<v Speaker 1>j C. His student and the teenage babysitter who he

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<v Speaker 1>later married, and his fear of losing her that ultimately

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<v Speaker 1>motivated him to kill Lynn. Glinda Rigg said, for the

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<v Speaker 1>most part, the judge in the original trial was right

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<v Speaker 1>to believe jac's evidence.

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<v Speaker 3>That evidence demonstrates a passionate love for j C on

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<v Speaker 3>Dawson's part, which is relevant to the motive the Crown

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<v Speaker 3>relies upon in this case. The evidence indicates that both

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<v Speaker 3>JC and the applicant went away towards Queensland a day

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<v Speaker 3>or two before Christmas nineteen eighty one with the intention

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<v Speaker 3>of not returning to Sydney to start a new life.

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<v Speaker 3>That's jc's evidence. By boxing day, jc's evidence was that

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<v Speaker 3>she did not want the relationship to continue.

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<v Speaker 1>So this was a trip when Chris Dawson was in

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<v Speaker 1>his early thirties and j C was eighteen. Dawson was

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<v Speaker 1>married to Lynn and lived with her and their two

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<v Speaker 1>little girls. He and JC ran away to Queensland together,

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<v Speaker 1>leaving Lynn and the little girls alone for Christmas. But

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<v Speaker 1>in the murder trial, j C said she was no

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<v Speaker 1>longer wanting the relationship with Dawson by then. She gave

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<v Speaker 1>evidence she was so anxious. On that trip, she became

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<v Speaker 1>nauseous and broke out in hives. They turned around and

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<v Speaker 1>headed back to Sydney. Back at the murder trial, the

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<v Speaker 1>Crown argued jc's reluctance made Dawson panic that he decided

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<v Speaker 1>to get rid of Linn because he was terrified of

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<v Speaker 1>losing JC. In court on Monday, Belinda Rigg said that

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<v Speaker 1>wasn't right.

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<v Speaker 3>There was ongoing contact between the applicant and JC between

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<v Speaker 3>Boxing day and the time she went to Southwest Rocks

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<v Speaker 3>on a holiday with friends.

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<v Speaker 1>Rick argued Dawson's insistence that JC call him on a

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<v Speaker 1>daily basis while she was on a trip with her

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<v Speaker 1>friends to a beach town called Southwest Rocks that was

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<v Speaker 1>an evidence he was jealous or possessive of her, especially

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<v Speaker 1>given he didn't try to stop her from going on

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<v Speaker 1>the trip.

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<v Speaker 3>That's not necessarily reflective of a possessiveness or a jealousy,

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<v Speaker 3>as distinct from a more usual type of way people

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<v Speaker 3>who are romantically involved with one another or have been

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<v Speaker 3>romantically involved with one another might speak with one another.

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<v Speaker 1>Justice Adamson probed Dawson's obsession with JC further. She suggested

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<v Speaker 1>Dawson wanted to have it all.

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<v Speaker 4>The applicant, from his point of view, wanted to keep

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<v Speaker 4>the children, wanted to keep the house, and wanted to

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<v Speaker 4>keep JC, and one way of doing that would be

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<v Speaker 4>to murder his wife.

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<v Speaker 1>But Rigg said the fact that Dawson had planned to

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<v Speaker 1>leave his home and the children for a new life

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<v Speaker 1>in Queensland a fortnight earlier was evidence he wasn't particularly

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<v Speaker 1>concerned about the financial implications of his actions. Justice Adamson

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<v Speaker 1>wasn't satisfied.

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<v Speaker 4>His brother, who was a solicitor, said, look, if you

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<v Speaker 4>leave that house, you might jeopardize your financial interest in

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<v Speaker 4>that house, and he described the pre Christmas departure as

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<v Speaker 4>impulsive because he was so desperate to be with JC.

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<v Speaker 3>And Rigg responded, there was obviously a financial impact upon

0:13:40.400 --> 0:13:43.200
<v Speaker 3>the applicant potentially in leaving the house and in leaving

0:13:43.240 --> 0:13:46.280
<v Speaker 3>his wife in the circumstances that he had, but it

0:13:46.320 --> 0:13:49.040
<v Speaker 3>wasn't something he'd shown himself to be overly troubled by

0:13:49.160 --> 0:13:50.240
<v Speaker 3>in the circumstances.

0:13:51.920 --> 0:13:55.280
<v Speaker 1>Rig also revisited an assertion made in the murder trial

0:13:55.400 --> 0:13:59.640
<v Speaker 1>by Dawson's former barrister, Pauline David, that Dawson loved both

0:13:59.679 --> 0:14:04.960
<v Speaker 1>women Lynn and j C simultaneously. She said Jace's withdraw

0:14:05.040 --> 0:14:08.960
<v Speaker 1>will actually brought him closer to Lynn. They attended marriage

0:14:08.960 --> 0:14:12.800
<v Speaker 1>counseling and manly and were seen holding hands shortly thereafter.

0:14:14.000 --> 0:14:16.800
<v Speaker 3>The evidence in our submission indicated that when j C

0:14:17.000 --> 0:14:20.000
<v Speaker 3>withdrew from him in January nineteen eighty two, he made

0:14:20.080 --> 0:14:23.880
<v Speaker 3>more effort in the relationship with his wife. Lynn was

0:14:23.920 --> 0:14:27.000
<v Speaker 3>observed to be positive and happy after the counseling, and

0:14:27.040 --> 0:14:30.000
<v Speaker 3>she and Dawson were seen holding hands. They were both

0:14:30.040 --> 0:14:33.520
<v Speaker 3>in particularly good spirits, were holding hands and once again

0:14:33.560 --> 0:14:34.240
<v Speaker 3>felt close.

0:14:35.560 --> 0:14:39.120
<v Speaker 1>But Jace moved into the family home at Bayview just

0:14:39.360 --> 0:14:43.440
<v Speaker 1>days after Lynd disappeared. J C testified at trial that

0:14:43.560 --> 0:14:46.200
<v Speaker 1>during that time she slept in the marital bed with

0:14:46.360 --> 0:14:51.600
<v Speaker 1>Dawson and wore Lynn's clothes at his encouragement. Belinda Rigg

0:14:51.600 --> 0:14:55.200
<v Speaker 1>said that doesn't necessarily mean Dawson killed Lynn. It was

0:14:55.280 --> 0:14:58.080
<v Speaker 1>here that just as Julie Ward, the President of the

0:14:58.120 --> 0:15:01.560
<v Speaker 1>Court of Appeal, took up the questioning. Ward said it

0:15:01.600 --> 0:15:04.000
<v Speaker 1>would be odd for someone to give his wife's clothing

0:15:04.080 --> 0:15:07.400
<v Speaker 1>to his lover if he expected she'd return home at

0:15:07.400 --> 0:15:11.800
<v Speaker 1>some point. Rigg responded, if all his attention was for

0:15:11.880 --> 0:15:14.680
<v Speaker 1>his wife, and it was being contented that his only

0:15:14.720 --> 0:15:17.160
<v Speaker 1>love was for his wife, and the only thing he

0:15:17.200 --> 0:15:20.000
<v Speaker 1>wanted was for his relationship with his wife to be fixed.

0:15:20.680 --> 0:15:23.120
<v Speaker 1>It would then be incongruous for him to allow j

0:15:23.280 --> 0:15:25.440
<v Speaker 1>C to stay in the house and to allow her

0:15:25.480 --> 0:15:29.000
<v Speaker 1>to wear clothes of his wife. But if his greater

0:15:29.080 --> 0:15:31.400
<v Speaker 1>focus was on JC at the time that she was

0:15:31.440 --> 0:15:34.720
<v Speaker 1>there with him, it doesn't necessarily indicate a knowledge that

0:15:34.760 --> 0:15:38.200
<v Speaker 1>his wife had died or responsibility for that. It's in

0:15:38.240 --> 0:15:41.560
<v Speaker 1>circumstances where the Crown has emphasized the passion that he

0:15:41.640 --> 0:15:44.800
<v Speaker 1>had for JC, it might then be said he's not

0:15:44.880 --> 0:15:48.080
<v Speaker 1>going to necessarily be clear headed and completely logical and

0:15:48.120 --> 0:15:52.120
<v Speaker 1>aversive of risk. The third judge on the bench, just

0:15:52.160 --> 0:15:55.200
<v Speaker 1>as Anthony Payne, chimed in at this point. He asked

0:15:55.240 --> 0:15:57.720
<v Speaker 1>if an innocent person would move a teenager into the

0:15:57.720 --> 0:16:01.720
<v Speaker 1>marital bed after his wife's disappear apearance. Belinda Rigg was

0:16:01.720 --> 0:16:03.320
<v Speaker 1>frank in her response.

0:16:03.360 --> 0:16:06.640
<v Speaker 3>It's not admirable, it's not wise. The nature of his

0:16:06.760 --> 0:16:09.960
<v Speaker 3>interest in JC is, in our submission, related to the

0:16:10.080 --> 0:16:12.480
<v Speaker 3>very reason why his wife left to take some time

0:16:12.520 --> 0:16:18.920
<v Speaker 3>to herself. They're not strangely coincidental occurrences. These occurrences are

0:16:19.160 --> 0:16:21.560
<v Speaker 3>in our submission, intertwined with one another.

0:16:22.320 --> 0:16:24.040
<v Speaker 1>She said Dawson was aware he'd have to deal with

0:16:24.120 --> 0:16:28.360
<v Speaker 1>the consequences if and when Lynn returned to Bayview. Justice

0:16:28.440 --> 0:16:29.760
<v Speaker 1>Adamson asked.

0:16:30.720 --> 0:16:33.280
<v Speaker 4>Because you might say, well, she's already forgiven him for

0:16:33.320 --> 0:16:36.280
<v Speaker 4>going off with JC to Queensland. She's been prepared to

0:16:36.360 --> 0:16:40.240
<v Speaker 4>undertake marriage counseling. Miss Dawson obviously adored the children, and

0:16:40.280 --> 0:16:42.680
<v Speaker 4>he could, as it were, count on her goodwill in

0:16:42.760 --> 0:16:43.760
<v Speaker 4>future if need be.

0:16:44.400 --> 0:16:49.880
<v Speaker 3>Rigg responded, partly, your honor, But the situation on Dawson's

0:16:49.880 --> 0:16:52.280
<v Speaker 3>account is that his view was that Miss Dawson had

0:16:52.320 --> 0:16:55.960
<v Speaker 3>left him without his agreement on nine January nineteen eighty two.

0:16:56.520 --> 0:16:58.760
<v Speaker 3>Part of the request made to j C was for

0:16:58.840 --> 0:17:01.160
<v Speaker 3>her to look after the children, and she did have

0:17:01.200 --> 0:17:03.920
<v Speaker 3>a history of having looked after the children, so that's

0:17:04.000 --> 0:17:06.080
<v Speaker 3>part of the context in which her presence in the

0:17:06.119 --> 0:17:12.040
<v Speaker 3>house could be explicable. But additionally, if JC being back

0:17:12.040 --> 0:17:16.080
<v Speaker 3>in the house then reignited his relationship with JC, his

0:17:16.200 --> 0:17:19.560
<v Speaker 3>focus then may very well have been on JC, despite

0:17:19.560 --> 0:17:21.840
<v Speaker 3>the facts that he would have been required to resolve

0:17:21.880 --> 0:17:24.919
<v Speaker 3>in some way his circumstances with his wife once she

0:17:25.000 --> 0:17:28.840
<v Speaker 3>came back, whether that's by an amicable separation or the

0:17:28.880 --> 0:17:30.040
<v Speaker 3>sale of the house.

0:17:34.280 --> 0:17:37.520
<v Speaker 1>Coming up why Chris Dawson says it's the police's fault

0:17:37.600 --> 0:17:42.480
<v Speaker 1>Lynn's killer wasn't caught earlier. Subscribers to The Australian get

0:17:42.520 --> 0:17:45.640
<v Speaker 1>to read all are exclusive analysis plus the take from

0:17:45.640 --> 0:17:49.040
<v Speaker 1>The Teacher's Pet creator Hedley Thomas at The Australian dot

0:17:49.080 --> 0:17:59.199
<v Speaker 1>com dot a U and we'll be back after this break.

0:18:01.119 --> 0:18:03.760
<v Speaker 1>The phone call Chris Dawson says he got during that

0:18:03.800 --> 0:18:05.919
<v Speaker 1>trip to the Northbridge baths goes to one of the

0:18:05.960 --> 0:18:09.440
<v Speaker 1>other grounds for his appeal. He says it was unfair

0:18:09.520 --> 0:18:12.400
<v Speaker 1>for Justice and Harrison to conclude the call happened because

0:18:12.680 --> 0:18:16.600
<v Speaker 1>he's at a significant forensic disadvantage due to the long

0:18:16.640 --> 0:18:21.160
<v Speaker 1>delay by police in bringing charges. Dawson's wife, Lynn Simms,

0:18:21.200 --> 0:18:25.719
<v Speaker 1>disappeared in early January nineteen eighty two. Dawson wasn't charged

0:18:25.760 --> 0:18:29.159
<v Speaker 1>with her murder until twenty eighteen, following the release of

0:18:29.200 --> 0:18:33.400
<v Speaker 1>The Australian's investigative podcast The Teacher's Pet, made by our

0:18:33.480 --> 0:18:38.200
<v Speaker 1>colleague Headley Thomas. So Dawson can't prove if the call happened,

0:18:38.320 --> 0:18:41.919
<v Speaker 1>or if it did, who made it. On Monday, the

0:18:41.920 --> 0:18:45.359
<v Speaker 1>public defender for Chris Dawson, Belinda riggerc so the forty

0:18:45.400 --> 0:18:47.679
<v Speaker 1>year old phone records were no longer able to be

0:18:47.720 --> 0:18:50.520
<v Speaker 1>scrutinized and that put the former school teacher in a

0:18:50.560 --> 0:18:54.520
<v Speaker 1>tough spot. But just as Christine Adamson said, it goes

0:18:54.560 --> 0:18:55.520
<v Speaker 1>both ways.

0:18:56.440 --> 0:18:58.840
<v Speaker 4>Right, and the Crown has lost capacity to show that

0:18:58.920 --> 0:19:02.159
<v Speaker 4>it came from someone else, like, for example, JC or

0:19:02.200 --> 0:19:06.159
<v Speaker 4>some member of the family. So in terms of forensic disadvantage,

0:19:06.400 --> 0:19:10.320
<v Speaker 4>both parties have potentially suffered forensic disadvantage and there's no

0:19:10.359 --> 0:19:13.640
<v Speaker 4>particular way of knowing what that forensic disadvantage is.

0:19:13.640 --> 0:19:14.400
<v Speaker 3>Is that not right?

0:19:15.760 --> 0:19:18.679
<v Speaker 1>Belinda Riggs said the law wasn't designed to protect the crown,

0:19:19.119 --> 0:19:22.639
<v Speaker 1>it was designed to ensure accused people got a fair trial.

0:19:30.320 --> 0:19:32.280
<v Speaker 1>Come back to the front tomorrow for all the evidence

0:19:32.280 --> 0:19:35.159
<v Speaker 1>from day two of Chris Dawson's appeal, and keep up

0:19:35.200 --> 0:19:37.680
<v Speaker 1>with the federal budget and all our reporting at the

0:19:37.800 --> 0:19:39.480
<v Speaker 1>Australian dot Com dot a U