WEBVTT - Chris Dawson’s last chance at freedom

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<v Speaker 1>From The Australian. Here's what's on the front. I'm Kristinamiot.

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<v Speaker 1>It's Tuesday, June tenth, twenty twenty five. Newly minted Opposition

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<v Speaker 1>Energy and Admissions Production spokesman Dantien says he'll take his

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<v Speaker 1>time on the fate of the coalition's contentious net zero target.

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<v Speaker 2>He says there'll be a conversation.

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<v Speaker 1>About nuclear two, but any future models won't replicate the

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<v Speaker 1>one proposed by Ouster Liberal leader Peter Dutton. Criminal cases

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<v Speaker 1>involving Aboriginal people could be heard in closed court or

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<v Speaker 1>by female judicial officers. Those are the new guidelines given

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<v Speaker 1>to judges in a revised New South Wales bench book.

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<v Speaker 1>That exclusive story is live right now at the Australian

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<v Speaker 1>dot com dot au. Chris Dawson has launched a last

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<v Speaker 1>ditch bid to have his conviction for the nineteen eighty

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<v Speaker 1>two murder of his wife quashed. The High Court of

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<v Speaker 1>Australia will this week consider an application made by the

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<v Speaker 1>former rugby league star for special leave to appeal of

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<v Speaker 1>finding that upheld the conviction.

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<v Speaker 3>That's today's episode, Christopher Michael Dawson on the charge that

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<v Speaker 3>don are about eight January nineteen eighty two, at Dayview

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<v Speaker 3>or elsewhere in the state of New South Wales.

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<v Speaker 4>You did murder Lynette Dawson. I find you guilty. All

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<v Speaker 4>the message down.

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<v Speaker 1>This was a moment more than forty years in the making.

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<v Speaker 1>On a bright winter's day in twenty twenty two, New

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<v Speaker 1>South Wales Supreme Court Justice Ian Harrison found Chris Dawson

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<v Speaker 1>guilty of the murder of his first wife, Lynette Simms,

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<v Speaker 1>who vanished from their home at Bayview in the early

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<v Speaker 1>nineteen eighties. She was thirty three years old, a doting

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<v Speaker 1>mum to two little girls, and a dedicated employee at

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<v Speaker 1>a childcare center on Sydney's Northern Beaches. Her fate was

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<v Speaker 1>unknown for decades until the Australians podcast The Teacher's Pet,

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<v Speaker 1>created by National Chief correspondent Hedley Thomas, exposed Lynnette's husband,

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<v Speaker 1>Chris Dawson, as a murderer. He's always maintained he played

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<v Speaker 1>no role in Lynette's disappearance, and claims she left the family,

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<v Speaker 1>her daughters, her husband and the home she loved of

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<v Speaker 1>her own accord. The story captured national and international attention,

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<v Speaker 1>and in late twenty eighteen, within months of the podcast release,

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<v Speaker 1>police arrested and charged Chris Dawson with Lynette's murder.

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<v Speaker 5>The key thing to come out of this divena is

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<v Speaker 5>that the police are now confident of a prosecution. Remember,

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<v Speaker 5>a coroner twice has recommended charges in this case and

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<v Speaker 5>the DPP in the eighties said no. But now they

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<v Speaker 5>believe they have enough evidence.

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<v Speaker 1>More than three years after his arrest, Justice Ian Harrison

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<v Speaker 1>would find Chris Dawson murdered Lynette to replace her with

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<v Speaker 1>a teenage babysitter who'd become his second wife. Dawson was

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<v Speaker 1>sentenced by Justice Harrison to twenty four years in prison

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<v Speaker 1>with a non parole period of eighteen years.

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<v Speaker 6>I recognize that the unavoidable prospect is that mister Dawson

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<v Speaker 6>will probably die in jail.

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<v Speaker 4>Mister Dawson, would you please stand.

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<v Speaker 1>The new South Wales government introduced nobody no parole legislation

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<v Speaker 1>known as Lynn's Law in the months following Chris Dawson's conviction,

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<v Speaker 1>that means he won't be eligible for parole unless he

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<v Speaker 1>reveals the location of Lynette's remains to the authorities. In

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<v Speaker 1>twenty twenty four, Chris Dawson launched a bid to quash

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<v Speaker 1>his murder conviction in the New South Wales Court of

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<v Speaker 1>Criminal Appeals, arguing he suffered a forensic disadvantage in improving

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<v Speaker 1>his innocence due to the long delay in bringing the

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<v Speaker 1>case to trial. He also argued there'd been a miscarriage

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<v Speaker 1>of justice due to Justice Harrison's reliance upon lies allegedly

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<v Speaker 1>told by Chris Dawson following Lynd's murder as evidence of

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<v Speaker 1>a consciousness of guilt, and that the verdict was unreasonable

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<v Speaker 1>because the Crown's case was wholly circumstantial and a hypothesis

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<v Speaker 1>consistent with Dawson's innocence wasn't excluded beyond a reasonable doubt.

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<v Speaker 1>Chris Dawson's barrister in the appeal, Belinda Rigg SC, told

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<v Speaker 1>the court transactions were made on Lynette's bank card in

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<v Speaker 1>the weeks following her disappearance, and that she'd called the

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<v Speaker 1>kiosk at the Northbridge Baths, where he worked part time

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<v Speaker 1>as a lifeguard, to let him know she needed some

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<v Speaker 1>time to herself, but the proof had been lost to time.

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<v Speaker 1>The three judge panel of Justices Julie Ward, Christine Adamson

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<v Speaker 1>and Anthony Payne unanimously dismissed the appeal, writing that Justice

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<v Speaker 1>Harrison's reasoning was sound, that the Crown's circumstantial case was compelling,

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<v Speaker 1>and that Chris Dawson failed to establish that the forty

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<v Speaker 1>year delay in bringing charges had caused him a forensic disadvantage.

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<v Speaker 1>A voice actor is reading part of the Justice's reasons.

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<v Speaker 7>First, given the applicants different versions of events, it was

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<v Speaker 7>unclear whether the unavailability of certain bank card statements was relevant,

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<v Speaker 7>and in any case, it was his own failure to

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<v Speaker 7>retain those statements, not any delay that caused them to

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<v Speaker 7>be unavailable. Secondly, the lack of records showing the applicant

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<v Speaker 7>was working at the north Bridge Barths on nine January

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<v Speaker 7>nineteen eighty two caused no disadvantage, since the Crown conceded

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<v Speaker 7>the applicant was working there on that day. Thirdly, records

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<v Speaker 7>of phone calls made to the north Bridge Baths on

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<v Speaker 7>nine February nineteen eighty two were unavailable because of limited

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<v Speaker 7>technology at the time, not because of delay, and records

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<v Speaker 7>of phone calls to the applicants house would not have

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<v Speaker 7>assisted the applace.

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<v Speaker 1>Now, Chris Dawson is taking the fight to the nation's

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<v Speaker 1>highest court in a last ditch effort. To have his

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<v Speaker 1>murder conviction quashed. For two weeks every month, the High

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<v Speaker 1>Court of Australia sits in Canberra to consider a whole

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<v Speaker 1>range of civil and criminal matters. Chris Dawson has applied

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<v Speaker 1>for special leave to appeal his murder conviction. That means

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<v Speaker 1>he's asking the High Court to grant him an appeal hearing.

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<v Speaker 1>If that application is granted on Thursday, he'll ask the

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<v Speaker 1>court to quash the twenty twenty two murder conviction made

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<v Speaker 1>by Justice Harrison and grant him a new trial.

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<v Speaker 6>Well, I think this is Chris Dawson's final role of

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<v Speaker 6>the dice in so far as his attempt to beat

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<v Speaker 6>the murder conviction of twenty twenty two Guys.

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<v Speaker 1>Headley Thomas is the Australian's National Chief correspondent and the

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<v Speaker 1>creator of the Teacher's Pet podcast.

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<v Speaker 6>Now he's seeking leave from the High Court to run

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<v Speaker 6>similar arguments that his conviction should be quashed, and much

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<v Speaker 6>of his argument turns on his claim that he had

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<v Speaker 6>a significant forensic disadvantage because of the age of the

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<v Speaker 6>case and the failure in his view of the police

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<v Speaker 6>at certain stages.

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<v Speaker 1>A voice actor is reading part of the grounds of

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<v Speaker 1>the former school teacher's High Court application.

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<v Speaker 8>The Court of Criminal Appeal irred by failing to find

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<v Speaker 8>that the applicants trial miscarried because the trial judge failed

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<v Speaker 8>to find that the applicants suffered a significant forensic disadvantage.

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<v Speaker 4>The Court of Criminal Appeal.

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<v Speaker 8>Irred by failing to take the applicants significant forensic disadvantage

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<v Speaker 8>into account when considering whether the verdict was unreasonable and

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<v Speaker 8>unable to be supported by the evidence.

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<v Speaker 2>Chris Dawson says significant witnesses, namely Sue Butlin, who purportedly

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<v Speaker 2>saw Lyn Dawson getting into a car at a fruit

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<v Speaker 2>shop on the New South Wales Central Coast, had died

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<v Speaker 2>by the time the case was tried by Justice Harrison

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<v Speaker 2>alone in twenty twenty two, and that important documents from

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<v Speaker 2>the abandoned initial homicide investigation had been lost.

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<v Speaker 4>We have in.

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<v Speaker 6>Sue Butlin, the wife of a guy called Ray Butlin.

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<v Speaker 6>Ray Butlin was a rugby league coach on the Central

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<v Speaker 6>Coast and he got to know and coach the Dawson twins,

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<v Speaker 6>Christ and Paul after they'd finished their professional careers with

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<v Speaker 6>the Newtown Jets. The version that we have from either

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<v Speaker 6>Chris Dawson or Ray Butlin, is that Sue Butlin saw

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<v Speaker 6>a woman she believed was Lynn Simms in a vehicle

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<v Speaker 6>at a fruit barn on the Central Coast shortly after

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<v Speaker 6>the Crown says Chris Dawson murdered Lynn in the home

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<v Speaker 6>at Bayview on the Northern Beaches. Now, we don't have

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<v Speaker 6>any direct evidence from Sue Butlin about that. What we

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<v Speaker 6>do know because Ray Butlin disclosed this in the inquest

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<v Speaker 6>where he was questioned about his wife's purported sighting of Lynn,

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<v Speaker 6>and Ray Butlin said of his own wife, who had

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<v Speaker 6>been dead for some years, that she did have a

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<v Speaker 6>tendency to exaggerate things and she might.

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<v Speaker 4>Have embellished the story.

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<v Speaker 6>However, he felt sure that if she were on the stand,

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<v Speaker 6>she would say, yeah, I saw Lynn. Now, the problem

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<v Speaker 6>here is that the police investigation in the early nineties

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<v Speaker 6>stopped as a result of Chris Dawson telling homicide detectives

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<v Speaker 6>that his mate's wife saw Lynn. But there's no no

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<v Speaker 6>evidence of any attempt by those homicide detectives to try

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<v Speaker 6>to corroborate Chris's claims that his mate's wife saw Lynn.

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<v Speaker 6>So the police didn't go directly to Sue Butler, who

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<v Speaker 6>was still alive in nineteen ninety two, to take any

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<v Speaker 6>kind of statement from her.

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<v Speaker 4>So there's nothing in writing.

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<v Speaker 6>There's just this hearsay account, and this is being held

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<v Speaker 6>up as one of the pieces of evidence that was

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<v Speaker 6>crucial to Chris Dawson's defense and should have been obtained.

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<v Speaker 6>And I think that many people who have followed this

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<v Speaker 6>case close he would think that, yes, the police should

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<v Speaker 6>have got a statement, but that the police failures in

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<v Speaker 6>this case early on cut both ways.

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<v Speaker 4>It is strongly arguable.

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<v Speaker 6>In my view that if police had done a much

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<v Speaker 6>better job in the early stages after Lynn's disappearedearrance, then

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<v Speaker 6>Chris Dawson would have been prosecuted and convicted of murder

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<v Speaker 6>very early on. So it doesn't necessarily follow that he

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<v Speaker 6>has been denied justice. It may be that he's actually

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<v Speaker 6>experienced freedom because of the police failures and the delays

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<v Speaker 6>in doing things.

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<v Speaker 1>The application argues there's no onus on Chris Dawson to

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<v Speaker 1>establish the delay certainly caused him a significant forensic disadvantage,

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<v Speaker 1>only that there's a real possibility that it did.

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<v Speaker 8>It is unnecessary that each individual lost witness or document

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<v Speaker 8>singly would have demonstrated innocence, but rather that collectively for

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<v Speaker 8>lost evidence would have likely strengthened the applicant's position at trial.

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<v Speaker 1>John Paul Cashen is a partner at law firm Thompson Gear,

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<v Speaker 1>which advises the Australian.

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<v Speaker 9>It's an interesting one because in Australia we don't have

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<v Speaker 9>a statute of limitations. Here someone's committed murder or any

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<v Speaker 9>serious efets, really we can bring a charge against them ten, twenty, thirty,

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<v Speaker 9>forty fifty years after the fact, and I think courts

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<v Speaker 9>are reluctant to say that the mere fact that there's

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<v Speaker 9>a delay means that someone can't be brought to justice.

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<v Speaker 9>And what happened was in the late nineteen eighties there

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<v Speaker 9>was a case called Longman where the charges has been

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<v Speaker 9>brought about twenty years after the alleged defending and in

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<v Speaker 9>that case the court warned the jury that there was

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<v Speaker 9>a real risk that the evidence was unreliable and that

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<v Speaker 9>led to an acquittal. And there was a feeling after

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<v Speaker 9>that case that it shifted the boundary too much in

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<v Speaker 9>the favor of acquittals, and so they changed the law

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<v Speaker 9>to bring it back a little more in favor of

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<v Speaker 9>the policy of well, just because there's a delay doesn't

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<v Speaker 9>mean you can't face trial. And that's what this appeal

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<v Speaker 9>is really all about. In this case, there's no doubt

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<v Speaker 9>that Dawson has suffered some prejudice because of certain evidence

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<v Speaker 9>going missing, and so he said, well, he was never

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<v Speaker 9>able to truly test that, and the Court of Appeal

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<v Speaker 9>ultimately has to draw a line and say, well, did

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<v Speaker 9>you suffer a significant forensic disadvantage because of these things?

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<v Speaker 9>And the Court of Appeal said no, it was just

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<v Speaker 9>speculative that these things would have helped him. There wasn't

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<v Speaker 9>an actual prejudice, and he's upset about that. He says, now, no,

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<v Speaker 9>that puts the test too high, that shifts the burden

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<v Speaker 9>too far in favor of conviction, and that's really the

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<v Speaker 9>essence of this appeal before the High Court. Now where

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<v Speaker 9>do we draw that line?

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<v Speaker 1>Chris Dawson also says the Court of Criminal Appeal got

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<v Speaker 1>it wrong when it upheld Justice Harrison's reliance on lies

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<v Speaker 1>allegedly told by him as evidence of consciousness of guilt

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<v Speaker 1>because he had other reasons to lie.

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<v Speaker 9>One of the key parts of the first appeal was

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<v Speaker 9>that Justice Harrison had incorrectly looked at the lies told

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<v Speaker 9>by Chris Dawson. So one of the key ways a

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<v Speaker 9>person gets convicted is when they led to police, and

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<v Speaker 9>those lies are evidence of what we call consciousness of guilt.

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<v Speaker 9>And sometimes a lie will be strong consciousness of guilt,

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<v Speaker 9>but sometimes people lie for other reasons. And indeed, in

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<v Speaker 9>Dawson's case, there was a suggestion that he might have

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<v Speaker 9>been lying about certain things, not because he'd killed Lynette,

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<v Speaker 9>but because he was embarrassed or trying to hide the

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<v Speaker 9>fact that he was having a relationship with his former student.

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<v Speaker 9>And the Court of Appeal found that Justice Harrison didn't

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<v Speaker 9>deal with those lies and that consciousness of guilt appropriately,

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<v Speaker 9>So they did find that he'd made an error in

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<v Speaker 9>relation to those questions, but they have a broad discretion

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<v Speaker 9>to say, well, even if the trial judge made an error,

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<v Speaker 9>we're not going to overturn his decision unless we find

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<v Speaker 9>that a substantial miscarriage of justice occurred, and in this

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<v Speaker 9>particular case, they found that there wasn't a substantial miscarriage

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<v Speaker 9>of justice. So that will also form part of the

0:14:57.880 --> 0:15:00.160
<v Speaker 9>High Court judgment. And it sort of rolls into that

0:15:00.280 --> 0:15:03.600
<v Speaker 9>same question about well, what is the total cumulative amount

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<v Speaker 9>of prejudice suffered by the accused in this case? Is

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<v Speaker 9>it enough to overturn his conviction?

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<v Speaker 2>Coming up?

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<v Speaker 1>Why this isn't Chris Dawson's first High Court rodeo. This

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<v Speaker 1>isn't the first time Chris Dawson has made an application

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<v Speaker 1>to the High Court after his arrest. Applications for a

0:15:41.600 --> 0:15:45.040
<v Speaker 1>permanent stay of proceedings were dismissed by Justice Elizabeth Fulton

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<v Speaker 1>in the Supreme Court of New South Wales and later

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<v Speaker 1>by the Court of Criminal Appeal. Here's Headley Thomas.

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<v Speaker 6>Well before the murder trial in twenty twenty two, Chris

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<v Speaker 6>Dawson was determined to try to avoid trial altogether, and

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<v Speaker 6>he wanted to persuade the courts that he could not

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<v Speaker 6>get a fair trial as a result of failures of

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<v Speaker 6>police to find evidence that he says, would have been

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<v Speaker 6>in his favor that would have shown in his claims

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<v Speaker 6>that his wife Lynn had not been murdered, that in fact,

0:16:23.120 --> 0:16:26.320
<v Speaker 6>she had probably started a new life. And secondly, he

0:16:26.360 --> 0:16:28.880
<v Speaker 6>claimed that he couldn't get a fair trial because too

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<v Speaker 6>many people had listened to or heard about the Teacher's

0:16:32.760 --> 0:16:36.600
<v Speaker 6>pet and had a fixed view of his guilt. Now

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<v Speaker 6>he failed in those attempts to get a permanent stay

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<v Speaker 6>of proceedings and his final bid was to the High

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<v Speaker 6>Court and that was denied shortly before the murder trial

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<v Speaker 6>in twenty twenty two. When Chris Dawson was trying to

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<v Speaker 6>avoid trial altogether, he relied on a leading criminal defense lawyer,

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<v Speaker 6>Phillip Bolton, and then for the criminal trial, Philip Bolton

0:17:05.119 --> 0:17:09.560
<v Speaker 6>was not in that. In fact, that was run for

0:17:09.680 --> 0:17:13.600
<v Speaker 6>christ Dawson by a defense lawyer called Pauline David, and she.

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<v Speaker 4>Had known Dawson many years earlier.

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<v Speaker 6>In fact, when Chris Dawson was interviewed by homicide detectives

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<v Speaker 6>in nineteen ninety two on the Gold Coast and much younger,

0:17:24.880 --> 0:17:30.720
<v Speaker 6>Pauline David was Chris Dawson's solicitor during that interview. Then

0:17:30.760 --> 0:17:34.720
<v Speaker 6>we go forward thirty years. Philip Bolton didn't get involved

0:17:34.720 --> 0:17:38.280
<v Speaker 6>in the murder trial to our knowledge. However, Pauline David

0:17:38.560 --> 0:17:40.639
<v Speaker 6>at the end of the trial was appointed to the

0:17:40.680 --> 0:17:43.919
<v Speaker 6>District Court of New South Wales as a judge. So

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<v Speaker 6>Philip Bolton has returned and he's running this appeal to

0:17:48.800 --> 0:17:52.160
<v Speaker 6>the High Court, and in documents that have been filed

0:17:52.200 --> 0:17:57.080
<v Speaker 6>he has highlighted what he says were numerous errors by

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<v Speaker 6>the New South Wales Court of Criminal Appeal in its findings,

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<v Speaker 6>which said that Chris Dawson should not succeed with his

0:18:06.760 --> 0:18:15.160
<v Speaker 6>bid for freedom.

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<v Speaker 1>Headley Thomas is The Australian's national Chief correspondent. You can

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<v Speaker 1>listen to the Teacher's pet and access the nation's best

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<v Speaker 1>journalism anytime at the Australian dot com dot au