WEBVTT - Chris Dawson is staying in jail

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<v Speaker 1>You can listen to the Front on your smart speaker

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<v Speaker 1>every morning to hear the latest episode. Just say play

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<v Speaker 1>the news from the Australian. From the Australian, Here's what's

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<v Speaker 1>on the Front. I'm Claire Harvey. It's Friday, June fourteenth.

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<v Speaker 1>Green activists delayed more than a dozen colon gas projects

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<v Speaker 1>by taking court action, even though their legal cases have

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<v Speaker 1>been unsuccessful. That's prompted the resources sector to demand the

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<v Speaker 1>federal government's speed up approvals and stop giving taxpayers money

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<v Speaker 1>to the Environmental Defender's Office. That stories live now at

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<v Speaker 1>The Australian dot com dot au. Christopher Michael Dawson will

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<v Speaker 1>stay in jail. He has lost an appeal against his

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<v Speaker 1>conviction for the murder of his wife, Lynnette. That case

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<v Speaker 1>was made famous by our podcast The Teacher's Pet and

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<v Speaker 1>has ended in another humiliation for Dawson. Today the moment

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<v Speaker 1>Lynn's family found out Dawson would stay in jail and

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<v Speaker 1>what his next move might be. Hello, O, Hi Marilyn,

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<v Speaker 1>It's Claire, Hi Cli. How are you?

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<v Speaker 2>That is the longest Laura be tired seven running.

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<v Speaker 1>Just moments after a momentous decision. The latest twist in

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<v Speaker 1>the story of Christopher Michael Dawson. I ran Greg and

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<v Speaker 1>Marilyn Simms, the brother and sister in law of the

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<v Speaker 1>wife Chris murdered in nineteen eighty two, Lynnett.

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<v Speaker 2>Well waiting for the judges to come out. They're verdict

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<v Speaker 2>if you want to call it that, very tense and

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<v Speaker 2>it's the longest minute I've had in my life.

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<v Speaker 3>Waiting and listening.

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<v Speaker 1>To call Greg and Marilyn relieved would be an understatement.

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<v Speaker 1>Greg and Marilyn are the guardians of Lynn's memory, along

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<v Speaker 1>with the rest of her family. They're the ones who

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<v Speaker 1>have kept the flame alive for forty two years as

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<v Speaker 1>their suspicions grew that their bright, warm, devoted Lynn did

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<v Speaker 1>not voluntarily leave her family as her husband claimed, but

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<v Speaker 1>had been murdered in cold blood. Greg and Marilyn had

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<v Speaker 1>liked and trusted Chris, Lynn's handsome, football playing teacher husband.

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<v Speaker 1>They were deeply confused and upset when he told Lynn's

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<v Speaker 1>family in nineteen eighty two that Lynn had gone away

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<v Speaker 1>for a break and that Lynn had told him not

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<v Speaker 1>to worry about her by the time he Australians in

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<v Speaker 1>vistigative podcast The Teacher's Pet, created by our colleague Hedley

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<v Speaker 1>Thomas was released in twenty eighteen. Greg and Marylyn were

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<v Speaker 1>convinced Chris was a murderer. They'd seen an inept initial

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<v Speaker 1>police investigation, then a competent investigation led by Detective Damian Loon,

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<v Speaker 1>then to coroners recommend charges against Chris, and then the

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<v Speaker 1>heartbreak of prosecutors steadfastly declining to charge him. In August

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<v Speaker 1>twenty twenty two, the family finally got the conviction they

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<v Speaker 1>believed was right.

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<v Speaker 2>Christopher Michael Dawson on the charge the donor about eight

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<v Speaker 2>January nineteen eighty two, at Bayview or.

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<v Speaker 4>Elsewhere in the state of New South Wales, you.

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<v Speaker 2>Did murder Lynette Dawson.

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<v Speaker 5>I find you guilty.

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<v Speaker 1>And then the sense of dread returned as Dawson launched

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<v Speaker 1>an appeal against that murder conviction.

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<v Speaker 6>Teacher's pet killer Chris Dawson has begun an appeal against

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<v Speaker 6>his conviction for murdering wife Lynette more than four decades ago.

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<v Speaker 1>A seventy five year old former rugby.

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<v Speaker 6>League star once a court to overturn his conviction for

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<v Speaker 6>killing his wife Lynette in nineteen eighty two. His legal

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<v Speaker 6>team claims, here's the victim of a miscarriage of justice,

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<v Speaker 6>and that it was unreasonable for the trial judge to

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<v Speaker 6>find him guilty.

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<v Speaker 1>I spoke to Greg and Marylyn in the early afternoon

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<v Speaker 1>on Thursday, shortly before the New South Wales Court of

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<v Speaker 1>Criminal Appeal handed down its decision. They were nervous then,

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<v Speaker 1>and by the time the two pm hearing clicked around

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<v Speaker 1>they told me they had knots in their stomachs. The

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<v Speaker 1>judges swept into the room and took their seats for

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<v Speaker 1>what turned out to be a lightning quick sitting of

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<v Speaker 1>the Court of Criminal Appeal, New South Wales's highest court.

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<v Speaker 1>The judge's words are being read by voice actors.

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<v Speaker 7>I propose the following orders. One grant leave to appeal

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<v Speaker 7>to dismissed the appeal.

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<v Speaker 1>I published my reasons, Justice Pain.

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<v Speaker 5>I agree with the orders proposed by Justice Adamson, and

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<v Speaker 5>I publish a note of my reasons.

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<v Speaker 8>I agree with Justice Adamson and with the supplementary observations

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<v Speaker 8>of Justice Pain, and I publish my concurring judgment. The

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<v Speaker 8>orders of the Court will therefore be one grant leave

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<v Speaker 8>to appeal, two dismiss The Appeal Court is now adjourned.

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<v Speaker 1>In other words, the judges accepted, Chris Dawson could appeal

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<v Speaker 1>to the court heard the appeal and rejected it. His

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<v Speaker 1>conviction for Linn's murder stands. The judges published reasons made

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<v Speaker 1>it crystal clear. First Justice Anthony Payne.

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<v Speaker 7>I have no doubt about the applicant skilt.

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<v Speaker 1>Justice Julie Ward.

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<v Speaker 8>The circumstantial case against the applicant was compelling and there

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<v Speaker 8>is no reasonable doubt as to the applicants skilt. No

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<v Speaker 8>substantial miscarriage of justice has occurred. Justice Christine Adamson.

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<v Speaker 7>None of the arguments advanced on behalf of the apple

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<v Speaker 7>causes me to doubt the applicants guilt of murder.

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<v Speaker 2>We are extremely happy and the law has done the

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<v Speaker 2>right thing in our minds.

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<v Speaker 1>And what do you hope Chris Dawson does now?

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<v Speaker 2>I hope he sits back in his cell and enjoys

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<v Speaker 2>the next twenty years.

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<v Speaker 4>Yes, and we both feel that this way for the end,

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<v Speaker 4>he will keep pushing as far as it can. We're

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<v Speaker 4>very grateful that justice has been done as far as

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<v Speaker 4>we're concerned, twice over now and hopefully if he's going

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<v Speaker 4>to proceed any further, we just hope that whoever has

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<v Speaker 4>to make the decision as to whether he's allowed to

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<v Speaker 4>proceed any further. Really thinks carefully about using the public

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<v Speaker 4>purse enough. I think this money needed through other very

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<v Speaker 4>worthwhile causes as well.

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<v Speaker 1>This should be the last time we see Christopher Michael

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<v Speaker 1>Dawson in a courtroom, but it won't be this humiliation.

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<v Speaker 1>His appeal flatly rejected by the Court of Criminal Appeal

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<v Speaker 1>means Dawson should finally accept the decision of Justice Ian

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<v Speaker 1>Harrison of August twenty twenty two. It's still possible he

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<v Speaker 1>could appeal to the High Court of Australia. The High

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<v Speaker 1>Court doesn't hear every case. First, Dawson would have to

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<v Speaker 1>persuade the Public Defender's Office to take his appeal. To

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<v Speaker 1>be heard by the High Court, he would first have

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<v Speaker 1>to seek special leave to appeal, and would have to

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<v Speaker 1>demonstrate that it was a matter worthy of the High

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<v Speaker 1>Court's consideration. The Court says bluntly on its website, only

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<v Speaker 1>cases of major importance are heard by the High Court.

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<v Speaker 1>Usually that means the case raises some new point of

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<v Speaker 1>law that hasn't been considered before, or is of high

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<v Speaker 1>public importance, or that a High Court hearing is essential

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<v Speaker 1>to clarify a question of law that has been decided

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<v Speaker 1>in inconsistent ways by lower courts. The court might hear

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<v Speaker 1>something that involves the question of the administration of justice.

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<v Speaker 1>That is a case that is highly significant, not just

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<v Speaker 1>for one person, but for a whole legal system. Dawson

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<v Speaker 1>has tried this before and failed. During the years in

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<v Speaker 1>which he was fighting the Crown's right to take him

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<v Speaker 1>to trial at all, he sought to have the whole

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<v Speaker 1>case thrown out. The Supreme Court rejected him, so he

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<v Speaker 1>went to the Court of Criminal Appeal, which also rejected him.

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<v Speaker 1>He then sought special leave to appeal to the High

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<v Speaker 1>Court and was knocked back. Dawson also has another criminal

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<v Speaker 1>conviction for the unlawful carnal knowledge of a sixteen year

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<v Speaker 1>old schoolgirl who was in his class when he was

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<v Speaker 1>desperate to get rid of Lynn and be with the girl. Indeed,

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<v Speaker 1>after Lynn's disappearance, Dawson married the former pupil. In twenty

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<v Speaker 1>twenty three, the New South Wales District Court found Dawson

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<v Speaker 1>guilty of the carnal knowledge offense and sentenced him to

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<v Speaker 1>three years imprisonment. He could, of course also appeal that

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<v Speaker 1>conviction and sentence what are you guys going to do now?

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<v Speaker 4>I think probably failed to sift and courts have already

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<v Speaker 4>had dozens of texts. It's just so lovely to have the.

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<v Speaker 1>Support the people.

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<v Speaker 4>In Australia and possibly the world have just been so

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<v Speaker 4>behind this and behind this conviction holding and we value

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<v Speaker 4>very much the support and comfort we've received from so

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<v Speaker 4>many people far and wide, lots of people very invested

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<v Speaker 4>in this story, Claire.

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<v Speaker 1>So here's how Chris Dawson tried to get out of

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<v Speaker 1>the murder conviction where Justice Harrison found he killed Lynn

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<v Speaker 1>Simms on or about the eighth of January nineteen eighty two.

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<v Speaker 1>Dawson had five grounds. First, that Dawson suffered a significant

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<v Speaker 1>forensic disadvantage in defending himself when the matter was finally

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<v Speaker 1>brought to trial forty years after Lynn vanished from Sydney's

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<v Speaker 1>Northern Beaches. That means evidence like statements, records and receipts

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<v Speaker 1>have disappeared or been destroyed, and it makes it a

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<v Speaker 1>lot harder for Dawson to back up his version of events.

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<v Speaker 1>He is what Dawson's barrister, Belinda Rigg SC said about

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<v Speaker 1>that in court. She's referring to the account of the

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<v Speaker 1>late Sue Butler, who said she saw someone who looked

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<v Speaker 1>like Lynn Simms getting into a car at a fruit

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<v Speaker 1>market on the New South Wales Central coast. Belinda Riggs's

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<v Speaker 1>words are being read aloud by a voice actor.

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<v Speaker 5>That's a very clear example of a deceased person whose

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<v Speaker 5>evidence was crucial. That very type of detail has been

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<v Speaker 5>lost because of the delay. All we have is an

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<v Speaker 5>impoverished hearsay account from her former husband.

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<v Speaker 1>Rigg said Justice Harrison got it wrong when he failed

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<v Speaker 1>to find a significant forensic disadvantage existed, and that he

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<v Speaker 1>should have taken it into account when considering the evidence

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<v Speaker 1>presented at Dawson's ten week trial barb. The three judge

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<v Speaker 1>bench said Justice Harrison did adequately consider the fact many

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<v Speaker 1>witnesses were now deceased and unable to give evidence in court.

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<v Speaker 7>I consider that for the reasons given by the trial judge,

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<v Speaker 7>his honor was correct to cannsidered that the unavailability of

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<v Speaker 7>Philip day, Ellen, McBay, Ross Hutchin and Sue Butlin did

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<v Speaker 7>not cause significant forensic disadvantage to the applicant.

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<v Speaker 1>They also said the unavailability of paperwork like bank statements,

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<v Speaker 1>phone records and employee rosters didn't put Chris Dawson so

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<v Speaker 1>far behind the eight ball that he couldn't have mounted

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<v Speaker 1>a solid defense at trial.

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<v Speaker 7>No error of process or result has been established.

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<v Speaker 1>The second and third round of Chris Dawson's appeal are

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<v Speaker 1>two sides of the same coin. They say Justice and

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<v Speaker 1>Harrison was wrong to find that Chris Dawson's lies were

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<v Speaker 1>evidence of his consciousness of guilt. Basically, that means Harrison

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<v Speaker 1>found Dawson knew he was guilty and so told a

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<v Speaker 1>bunch of lies about Lynn's purported whereabouts in order to

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<v Speaker 1>cover his tracks. The public defender for Dawson, Blinda Rigger,

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<v Speaker 1>c argued Harrison gave inadequate reasons for relying on those

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<v Speaker 1>lies as evidence of Dawson's guilt. Rigg also argued Crown

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<v Speaker 1>Prosecutor Craig Everson didn't rely upon those lies as part

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<v Speaker 1>of his case, and so Harrison shouldn't have. Either. Justices Ward,

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<v Speaker 1>Adamson and Pain agreed. They said the language in Justice

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<v Speaker 1>Harrison's judgment was ambiguous, the trial judge's reasons revealed error

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<v Speaker 1>and did not comply with Section one hundred and thirty

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<v Speaker 1>three II of the Criminal Procedure Act, or the common

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<v Speaker 1>law obligation to give reasons. Okay, deep breath here this

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<v Speaker 1>is complicated stuff. The accepted rule is that a lie

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<v Speaker 1>can only be used as an implied admission of guilds

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<v Speaker 1>if the prosecutor relies on the lie for that purpose.

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<v Speaker 1>So a judge or jury in this case, a judge

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<v Speaker 1>can only find a liar's consciousness of guilt if the

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<v Speaker 1>prosecutor has also put it that way, and the prosecutor

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<v Speaker 1>has to prove a few key things. The lie has

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<v Speaker 1>to be deliberate, it has to be a lie told

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<v Speaker 1>because the accused knew the truth would implicate them in

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<v Speaker 1>the offense. And it's made clear to the judge or

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<v Speaker 1>jury that there may be other reasons for the lie.

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<v Speaker 1>And this is where Justice Harrison mate made a mistake.

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<v Speaker 1>According to the Court of Appeal, they said Justice Harrison

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<v Speaker 1>took the lies that the Crown Prosecutor said were consciousness

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<v Speaker 1>of guilt, but also referenced other lies by Dawson and

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<v Speaker 1>didn't make clear which ones he thought were consciousness of guilt.

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<v Speaker 7>This was an error in his honors reasoning.

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<v Speaker 1>The fourth ground of Dawson's appeal was that the evidence

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<v Speaker 1>proving Lynn was dead after January ninth, nineteen eighty two

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<v Speaker 1>was inadequate and the Crown Prosecutor didn't prove Dawson's guilt

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<v Speaker 1>beyond a reasonable doubt, But the Court of Criminal Appeal

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<v Speaker 1>judges backed Justice Harrison having.

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<v Speaker 7>Reviewed all of the evidence. I am not persuaded that

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<v Speaker 7>the verdict of guilty of murder was unreasonable. None of

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<v Speaker 7>the arguments advanced on behalf of the applicant by Miss

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<v Speaker 7>Rigg causes me to doubt the applicant's guilt of murder.

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<v Speaker 1>Coming up what the Court of Appeal found about what

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<v Speaker 1>happened at Northbridge Barns stay with us. The final ground

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<v Speaker 1>of Chris Dawson's appeal was that a miscarriage of justice

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<v Speaker 1>occurred when Justice and Harrison found Chris Dawson guilty of

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<v Speaker 1>the murder of Lynd Sims. This was all about the

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<v Speaker 1>fine detail of what happened at Northbridge Barths, the public

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<v Speaker 1>ocean pool where Dawson worked as a lifeguard on the

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<v Speaker 1>day after Lynn's disappearance. Dawson has always claimed he took

0:14:27.840 --> 0:14:29.880
<v Speaker 1>a phone call from Lynn when he was working at

0:14:29.920 --> 0:14:33.800
<v Speaker 1>the baths on January ninth, nineteen eighty two. Dawson had

0:14:33.840 --> 0:14:36.600
<v Speaker 1>taken his two young daughters there on that hot January

0:14:36.680 --> 0:14:41.240
<v Speaker 1>day and recruited Lynn's mum, Helena, and a friend, Philip Day,

0:14:41.520 --> 0:14:44.480
<v Speaker 1>to help look after them. He said he'd drop Lynn

0:14:44.560 --> 0:14:46.920
<v Speaker 1>at a bus stop in Mona Vale earlier that day

0:14:47.200 --> 0:14:51.080
<v Speaker 1>and she'd joined them at some point in the afternoon. Then,

0:14:51.280 --> 0:14:53.680
<v Speaker 1>Dawson says he received a call from Lynn at the

0:14:53.760 --> 0:14:56.160
<v Speaker 1>kiosk at the baths, saying she was going away for

0:14:56.200 --> 0:14:59.560
<v Speaker 1>a while. But after forty long years, the people who

0:14:59.560 --> 0:15:02.040
<v Speaker 1>were at the Barth's on that day couldn't remember if

0:15:02.080 --> 0:15:05.080
<v Speaker 1>the call happened, or if it did if it was Lynn.

0:15:05.160 --> 0:15:08.440
<v Speaker 1>On the other end, Justice Harrison found this story of

0:15:08.520 --> 0:15:11.280
<v Speaker 1>Dawson's was a lie, but there was no phone call

0:15:11.440 --> 0:15:14.800
<v Speaker 1>and Dawson knew it. Versus the point the public Defender

0:15:14.960 --> 0:15:18.400
<v Speaker 1>argued with. Rigg said Harrison was wrong in his interpretation

0:15:18.520 --> 0:15:21.880
<v Speaker 1>of this alleged lie. Rigg also said the Crown had

0:15:21.920 --> 0:15:26.640
<v Speaker 1>not actually proved Lynn was dead on this day. On Thursday,

0:15:26.840 --> 0:15:32.880
<v Speaker 1>Justice's ward Adamson and Payne found no miscarriage of justice occurred.

0:15:33.680 --> 0:15:36.560
<v Speaker 7>I am satisfied that in rejecting the north Bridge Bard's

0:15:36.560 --> 0:15:39.760
<v Speaker 7>phone call and other evidence, relied upon by the applicant

0:15:39.760 --> 0:15:42.640
<v Speaker 7>as indicating that the deceased might be alive after the

0:15:42.680 --> 0:15:45.840
<v Speaker 7>evening of eight January nineteen eighty two or the morning

0:15:45.880 --> 0:15:49.160
<v Speaker 7>of nine January nineteen eighty two. The trial judge had

0:15:49.200 --> 0:15:52.160
<v Speaker 7>regard to the whole of the evidence as sufficiently indicated

0:15:52.200 --> 0:16:00.400
<v Speaker 7>by his honest reasons. Lynn's story has really touched people,

0:16:01.320 --> 0:16:02.120
<v Speaker 7>It really has.

0:16:02.200 --> 0:16:05.160
<v Speaker 4>And I think we've all said this case has just

0:16:05.200 --> 0:16:08.080
<v Speaker 4>been such a landmark case and it continues to be.

0:16:08.120 --> 0:16:12.040
<v Speaker 4>There's just it'll go down in history as I don't know,

0:16:13.160 --> 0:16:16.600
<v Speaker 4>putting benchmarks and making benchmarks I think for future law

0:16:16.760 --> 0:16:18.600
<v Speaker 4>and pretty astounding.

0:16:19.280 --> 0:16:21.720
<v Speaker 2>I think the best thing that we've done. We've had

0:16:21.760 --> 0:16:25.320
<v Speaker 2>the arrest, we've had all the courts of feels and

0:16:25.360 --> 0:16:27.400
<v Speaker 2>all that sort of thing, and then we've had the trial.

0:16:27.600 --> 0:16:31.080
<v Speaker 2>We've had a guilty verdict. We've got Linn's Law.

0:16:30.960 --> 0:16:35.920
<v Speaker 3>Into operation, and we're going to shit back and say

0:16:36.520 --> 0:16:39.920
<v Speaker 3>we've done the best we can and go from there

0:16:40.040 --> 0:16:42.840
<v Speaker 3>and now we can try and live our lives again.

0:16:43.200 --> 0:16:44.320
<v Speaker 4>Let's hope and prayer we can.

0:16:44.560 --> 0:16:46.920
<v Speaker 2>Yeah, yeah, let's hope. We're free to move on.

0:16:47.080 --> 0:16:50.640
<v Speaker 1>Now, these three eminent jud disagree with you that Chris

0:16:50.640 --> 0:16:51.280
<v Speaker 1>did killing.

0:16:52.320 --> 0:16:57.560
<v Speaker 2>Yeah, just having goosebumps and shivers there. Yeah.

0:16:58.040 --> 0:17:00.239
<v Speaker 4>Yeah, it'll hit home soon, but it takes.

0:17:00.200 --> 0:17:03.200
<v Speaker 2>A lot of sitting here good night watching the news

0:17:03.280 --> 0:17:04.800
<v Speaker 2>and when it comes on we'll just go.

0:17:05.160 --> 0:17:06.000
<v Speaker 3>Oh, bager.

0:17:06.800 --> 0:17:12.639
<v Speaker 2>Okay. There's always somebody that comes back in relation to it,

0:17:12.760 --> 0:17:16.880
<v Speaker 2>but we know we've got this one and now let's

0:17:16.880 --> 0:17:18.960
<v Speaker 2>hope he just has enough sense to say I've tried

0:17:19.000 --> 0:17:21.080
<v Speaker 2>to get out of it. They won't listen to me.

0:17:21.560 --> 0:17:22.600
<v Speaker 2>I'll just do my time.

0:17:30.280 --> 0:17:32.520
<v Speaker 1>Who had the best Aussie song of all time? Was

0:17:32.560 --> 0:17:36.040
<v Speaker 1>it Daddy Cool, Yothy Yindi or Akadaka? Andrew McMillan and

0:17:36.080 --> 0:17:39.160
<v Speaker 1>Alan Howe have whittled the long list of brilliant Australian

0:17:39.240 --> 0:17:42.200
<v Speaker 1>made tunes down to just sixty in honor of the

0:17:42.240 --> 0:17:45.560
<v Speaker 1>paper's sixtieth anniversary. You can read the full list of

0:17:45.600 --> 0:17:48.600
<v Speaker 1>the best Australian songs of all time right now at

0:17:48.640 --> 0:17:52.280
<v Speaker 1>The Australian dot com dot au. Thanks for joining us

0:17:52.320 --> 0:17:55.040
<v Speaker 1>on the front this week. Our team is Kristin amyot

0:17:55.119 --> 0:17:58.879
<v Speaker 1>Lea Sammaglue, Joshua Burton, Just the League, Tiffany Dinner, Matthew

0:17:58.880 --> 0:18:00.760
<v Speaker 1>Condon and me Clay Hobby