WEBVTT - From The Front: 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.

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<v Speaker 2>From the Australian, here's what's on the Front. I'm Claire Harvey.

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<v Speaker 2>Christopher Michael Dawson will stay in jail. He has lost

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<v Speaker 2>an appeal against his conviction for the murder of his wife, Lynnette.

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<v Speaker 2>That case was made famous by our podcast The Teacher's

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<v Speaker 2>Pet and has ended in another humiliation for Dawson. Today,

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<v Speaker 2>the moment Rinn's family found out Dawson would stay in

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<v Speaker 2>jail and what his next move might be. Hello, Oh,

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<v Speaker 2>hy Marilyn, it's Claire. Hi, Claire, how are you?

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<v Speaker 3>That is the longest law and tired seventh running.

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<v Speaker 2>Living just moments after a momentous decision. The latest twist

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<v Speaker 2>in the story of Christopher Michael Dawson. I rank Greg

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<v Speaker 2>and Marilyn Simms, the brother and sister in law of

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<v Speaker 2>the wife Chris murdered in nineteen eighty two.

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<v Speaker 4>Lynnett Well waiting for the judges to come out. They're

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<v Speaker 4>verdict if you want to call it.

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<v Speaker 3>That very tense and it's the longest minute I've had

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<v Speaker 3>in my life.

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<v Speaker 4>Waiting and listening.

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<v Speaker 2>To call Greg and Marilyn relieved would be an understatement.

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<v Speaker 2>Greg and Marilyn are the guardians of Lynn's memory, along

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<v Speaker 2>with the rest of her family. They're the ones who

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<v Speaker 2>have kept the flame alive for forty two years as

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<v Speaker 2>their suspicions grew that their bright, warm, devoted Lynn did

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<v Speaker 2>not voluntarily leave her family as her husband claimed, but

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<v Speaker 2>had been murdered in cold blood. Greg and Marilyn had

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<v Speaker 2>liked and trusted Chris, Lynn's handsome, football playing teacher husband.

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<v Speaker 2>They were deeply confused and upset when he told Lynn's

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<v Speaker 2>family in nineteen eighty two that Lynn had gone away

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<v Speaker 2>for a break and that Lynn had told him not

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<v Speaker 2>to worry about her. By the time the Australians investigative

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<v Speaker 2>podcast The Teacher's Pet, created by our colleague Headley Thomas,

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<v Speaker 2>was released in twenty eighteen, Greg and Marilyn were convinced

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<v Speaker 2>Chris was a murderer. They'd seen an inept initial police investigation,

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<v Speaker 2>then a competent investigation led by Detective Damian Lohne, then

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<v Speaker 2>to coroners recommend charges against Chris, and then the heartbreak

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<v Speaker 2>of prosecutors steadfastly declining to charge him. In August twenty

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<v Speaker 2>twenty two, the family finally got the conviction they believed

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<v Speaker 2>was right.

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<v Speaker 5>Christopher Michael Dawson on the charge the diner about eight

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<v Speaker 5>January nineteen eighty two at Bayview or elsewhere in the

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<v Speaker 5>state of New South Wales, you did murder Lynette Dawson.

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<v Speaker 5>I find you guilty.

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<v Speaker 2>And then the sense of dread returned as Dawson launched

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<v Speaker 2>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 6>A seventy five year old former rugby league star once

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<v Speaker 6>a court to overturn his conviction for killing his wife

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<v Speaker 6>Lynette in nineteen eighty two. His legal team claims here's

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<v Speaker 6>the victim of a miscarriage of justice and that it

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<v Speaker 6>was unreasonable for the trial judge to find him guilty.

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<v Speaker 2>I spoke to Greg and Marilyn in me the early

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<v Speaker 2>afternoon on Thursday, shortly before or the New South Wales

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<v Speaker 2>Court of Criminal Appeal handed down its decision. They were

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<v Speaker 2>nervous then and by the time the two pm hearing

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<v Speaker 2>clicked around, they told me they had knots in their stomachs.

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<v Speaker 2>The judges swept into the room and took their seats

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<v Speaker 2>for what turned out to be a lightning quick sitting

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<v Speaker 2>of the Court of Criminal Appeal, New South Wales's highest court.

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<v Speaker 2>The judges 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>two dismiss the appeal. I publish my reasons, Justice Pain.

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<v Speaker 8>I agree with the orders proposed by Justice Adamson, and

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<v Speaker 8>I publish a note of my reasons.

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<v Speaker 9>I agree with Justice Adamson and with the supplementary observations

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<v Speaker 9>of Justice Pain, and I publish my concurring judgment. The

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<v Speaker 9>orders of the Court will therefore be one grant leave

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<v Speaker 9>to appeal, two dismiss The appeal. Court is now adjourned.

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<v Speaker 2>In other words, the judges accepted Chris Dawson could appeal

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<v Speaker 2>to The court heard the appeal and rejected it. His

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<v Speaker 2>conviction for Lynn's murder stands. The judges published reasons made

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<v Speaker 2>it crystal clear. First Justice Anthony Payne.

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<v Speaker 7>I have no doubt about the applicants guilt.

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<v Speaker 2>Justice Julie Ward.

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<v Speaker 9>The circumstantial case against the applicant was compelling, and there

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<v Speaker 9>is no reasonable doubt as to the applicants guilt. No

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<v Speaker 9>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 applicant

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

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<v Speaker 3>We are extremely happy and the law has done the

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<v Speaker 3>right thing in our minds.

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<v Speaker 2>And what do you hope Chris Dawson does now?

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<v Speaker 4>I hope he sits back in his cell and enjoy

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<v Speaker 4>us in the next twenty years.

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<v Speaker 8>Yes, and we both feel that this way for the

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<v Speaker 8>end he.

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<v Speaker 4>Will keep here all girl. As far as a game,

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<v Speaker 4>we're very.

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<v Speaker 8>Grateful that justice has been done as far as we're

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<v Speaker 8>concerned twice over now, and hopefully if he's going to

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<v Speaker 8>proceed any further, we just hope that whoever has to

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<v Speaker 8>make the decision as to whether he's allowed to proceed

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<v Speaker 8>any further really thinks carefully about using the public purse enough.

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<v Speaker 8>I think this money needs throw other very worthwhile causes

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<v Speaker 8>as well.

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<v Speaker 2>This should be the last time we see Christopher Michael

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<v Speaker 2>Dawson in a courtroom, but it won't be this humiliation.

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<v Speaker 2>His appeal flatly rejected by the Court of Criminal Appeal

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<v Speaker 2>means Dawson should finally accept the decision of Justice Ian

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<v Speaker 2>Harrison of August twenty twenty two. It's still possible he

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<v Speaker 2>could appeal to the High Court of Australia. The High

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<v Speaker 2>Court doesn't hear every case. First, Dawson would have to

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<v Speaker 2>persuade the Public Defender's Office to take his appeal. To

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<v Speaker 2>be heard by the High Court, he would first have

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<v Speaker 2>to see special leave to appeal, and would have to

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<v Speaker 2>demonstrate that it was a matter worthy of the High

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<v Speaker 2>Court's consideration. The Court says bluntly on its website, only

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<v Speaker 2>cases of major importance are heard by the High Court.

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<v Speaker 2>Usually that means the case raises some new point of

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<v Speaker 2>law that hasn't been considered before, or is of high

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<v Speaker 2>public importance, or that a High Court hearing is essential

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<v Speaker 2>to clarify a question of law that has been decided

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<v Speaker 2>in inconsistent ways by lower courts. The Court might hear

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<v Speaker 2>something that involves the question of the administration of justice.

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<v Speaker 2>That is a case that is highly significant, not just

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<v Speaker 2>for one person, but for a whole legal system. Dawson

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<v Speaker 2>has tried this before and failed during the years in

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<v Speaker 2>which he was fighting the Crown's right to take him

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<v Speaker 2>to trial at all. He sought to have the whole

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<v Speaker 2>case thrown out. The Supreme Court rejected him, so he

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<v Speaker 2>went to the Court of Criminal Appeal, which also rejected him.

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<v Speaker 2>He then sought special leave to appeal to the High

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<v Speaker 2>Court and was knocked back. Dawson also has another criminal

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<v Speaker 2>conviction for the unlawful carnal knowledge of a sixteen year

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<v Speaker 2>old schoolgirl who was in his class when he was

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<v Speaker 2>desperate to get rid of Lynn and be with the girl. Indeed,

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<v Speaker 2>after Lynn's disappearance, Dawson married the former pupil. In twenty

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<v Speaker 2>twenty three, the New South Wales District Court found Dawson

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<v Speaker 2>guilty of the carnal knowledge offense and sentenced him to

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<v Speaker 2>three years imprisonment. He could, of course also appeal that

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<v Speaker 2>conviction and sentence. What are you guys going to do now?

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<v Speaker 8>I think probably failed if the fifthhone courts have already

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<v Speaker 8>had dozens of texts, just just so lovely to have

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<v Speaker 8>the support the people in Australia and possibly the world

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<v Speaker 8>have just been so behind this and behind this conviction,

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<v Speaker 8>holding and with value very much the support and comfort

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<v Speaker 8>we've received from so many people far and wide, lots

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<v Speaker 8>of people very invested in this story, Claire.

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<v Speaker 2>So here's how Chris Dawson tried to get out of

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<v Speaker 2>the murder conviction where Justice Harrison found he killed Lynn

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<v Speaker 2>sims on or about the eighth of January nineteen eighty two.

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<v Speaker 2>Dawson had five grounds. First, that Dawson suffered a significant

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<v Speaker 2>forensic disadvantage in defending himself when the matter was finally

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<v Speaker 2>brought to trial forty years after Lynn vanished from Sydney's

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<v Speaker 2>northern beaches. That means evidence like statements, records and receipts

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<v Speaker 2>have disappeared or been destroyed, and it makes it a

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<v Speaker 2>lot harder for Dawson to back up his version of events.

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<v Speaker 2>Here's what Dawson's barrister, at Belinda Rigg SC said about

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<v Speaker 2>that in court. She's referring to the account of the

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<v Speaker 2>late Sue Butler, who said she saw someone who looked

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<v Speaker 2>like Lynn Simms getting into a car at a fruit

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<v Speaker 2>market on the New South Wales Central Coast. Belinda Riggs's

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<v Speaker 2>words are being read aloud by a voice actor.

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<v Speaker 1>That's a very clear example of a deceased person whose

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<v Speaker 1>evidence was crucial. That very type of detail has been

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<v Speaker 1>lost because of the delay. All we have is an

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<v Speaker 1>impoverished hearsay account from her former husband.

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<v Speaker 2>Rigg said Justice Harrison got it wrong when he failed

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<v Speaker 2>to find a significant forensic disadvantage existed, and that he

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<v Speaker 2>should have taken it into account when considering the evidence

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<v Speaker 2>presented at Dawson's ten week trial. But the three judge

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<v Speaker 2>bench said Justice Harrison did adequately consider the fact many

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<v Speaker 2>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 consider 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 2>They also said the unavailability of paperwork like bank statements,

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<v Speaker 2>phone records and employee rosters didn't put Chris Dawson so

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<v Speaker 2>far behind the eight ball that he couldn't have mounted

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<v Speaker 2>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 2>The second and third round of Chris Dawson's appeal are

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<v Speaker 2>two sides of the same coin. They say Justice and

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<v Speaker 2>Harrison was wrong to find that Chris Dawson's lies were

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<v Speaker 2>evidence of his consciousness of guilt. Basically, that means Harrison

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<v Speaker 2>found Dawson knew he was guilty and so told a

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<v Speaker 2>bunch of lies about Lynn's purported whereabouts in order to

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<v Speaker 2>cover his tracks. The public defender for Dawson, Belinda riggerc

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<v Speaker 2>argued Harrison gave inadequate reasons for relying on those lies

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<v Speaker 2>as evidence of Dawson's guilt. Rigg also argued Crown Prosecutor

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<v Speaker 2>Craig Everson didn't rely upon those lies as part of

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<v Speaker 2>his case, and so Harrison shouldn't have. Either. Justices Ward,

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<v Speaker 2>Adamson and Paine agreed. They said the language in Justice

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<v Speaker 2>Harrison's judgment was ambiguous, the trial judge's reasons revealed error

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<v Speaker 2>and did not comply with Section one hundred and thirty

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<v Speaker 2>three to two of the Criminal Procedure Act or the

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<v Speaker 2>common law obligation to give reasons. Okay, deep breath here,

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<v Speaker 2>this is complicated stuff. The accepted rule is that a

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<v Speaker 2>lie can only be used as an implied admission of

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<v Speaker 2>guilds if the prosecutor relies on the lie for that purpose.

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<v Speaker 2>So a judge or jury in this case of judge

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<v Speaker 2>can only find a liear's consciousness of guilt if the

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<v Speaker 2>prosecutor has also put it that way, and the prosecutor

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<v Speaker 2>has to prove a few key things. The lie has

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<v Speaker 2>to be deliberate, it has to be a lie told

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<v Speaker 2>because the accused knew the truth would implicate the mi

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<v Speaker 2>me offense, and it's made clear to the judge or

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<v Speaker 2>jury that there may be other reasons for the lie.

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<v Speaker 2>And this is where Justice Harrison made a mistake. According

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<v Speaker 2>to the Court of Appeal, they said Justice Harrison took

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<v Speaker 2>the lies that the Crown Prosecutor said were consciousness of guilt,

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<v Speaker 2>but also referenced other lies by Dawson and didn't make

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<v Speaker 2>clear which ones he thought were consciousness of guilt. This

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<v Speaker 2>was an error in his honor's reasoning. The fourth ground

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<v Speaker 2>of Dawson's appeal was that the evidence proving Lynn was

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<v Speaker 2>dead after January ninth, nineteen eight two was inadequate and

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<v Speaker 2>the Crown prosecutor didn't prove Dawson's guilt beyond a reasonable doubt,

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<v Speaker 2>But the Court of Criminal Appeal judges backed Justice Harrison.

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<v Speaker 7>Having reviewed all of the evidence, I am not persuaded

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

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

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

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<v Speaker 2>Coming up what the Court of Appeal found about what

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<v Speaker 2>happened at Northbridge Bars stay with us. The final ground

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<v Speaker 2>of Chris Dawson's appeal was that a miscarriage of justice

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<v Speaker 2>occurred when Justice and Harrison found Chris Dawson guilty of

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<v Speaker 2>the murder of lind Sims. This was all about the

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<v Speaker 2>fine detail of what happened at Northbridge Barns, the public

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<v Speaker 2>ocean pool where Dawson worked as a lifeguard on the

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<v Speaker 2>day after Lind's disappe ahearance. Dawson has always claimed he

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<v Speaker 2>took a phone call from Lynn when he was working

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<v Speaker 2>at the baths on January ninth, nineteen eighty two. Dawson

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<v Speaker 2>had taken his two young daughters there on that hot

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<v Speaker 2>January day and recruited Lynn's mum, Helena, and a friend,

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<v Speaker 2>Philip Day, to help look after them. He said he'd

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<v Speaker 2>drop Lynn at a bus stop in Mona Vale earlier

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<v Speaker 2>that day, and she'd joined them at some point in

0:14:24.440 --> 0:14:28.440
<v Speaker 2>the afternoon. Then Dawson says he received a call from

0:14:28.520 --> 0:14:30.640
<v Speaker 2>Lynn at the kiosk at the baths saying she was

0:14:30.680 --> 0:14:34.200
<v Speaker 2>going away for a while. But after forty long years,

0:14:34.240 --> 0:14:36.280
<v Speaker 2>the people who were at the Bath's on that day

0:14:36.280 --> 0:14:39.240
<v Speaker 2>couldn't remember if the call happened, or if it did,

0:14:39.560 --> 0:14:42.200
<v Speaker 2>if it was Lynn on the other end, Just as

0:14:42.240 --> 0:14:45.240
<v Speaker 2>Harrison found this story of Dawson's was a lie, but

0:14:45.320 --> 0:14:48.680
<v Speaker 2>there was no phone call and Dawson knew it. Vers

0:14:48.800 --> 0:14:51.640
<v Speaker 2>is the point the public defender argued with. Rigg said

0:14:51.680 --> 0:14:55.360
<v Speaker 2>Harrison was wrong in his interpretation of this alleged lie.

0:14:55.800 --> 0:14:58.640
<v Speaker 2>Rigg also said the Crown had not actually proved Lynn

0:14:58.880 --> 0:15:03.440
<v Speaker 2>was dead on this day on Thursday. Justice's Ward Adamson

0:15:03.520 --> 0:15:07.479
<v Speaker 2>and Payne found no miscarriage of justice occurred.

0:15:08.920 --> 0:15:11.760
<v Speaker 7>I am satisfied that in rejecting the north Bridge Bard's

0:15:11.800 --> 0:15:14.920
<v Speaker 7>phone call and other evidence relied upon by the applicant

0:15:15.000 --> 0:15:17.840
<v Speaker 7>as indicating that the deceased might be alive after the

0:15:17.880 --> 0:15:21.040
<v Speaker 7>evening of eight January nineteen eighty two or the morning

0:15:21.120 --> 0:15:24.400
<v Speaker 7>of nine January nineteen eighty two, the trial judge had

0:15:24.400 --> 0:15:27.360
<v Speaker 7>regard to the whole of the evidence as sufficiently indicated

0:15:27.400 --> 0:15:35.640
<v Speaker 7>by his honors reasons Lynn's story has really touched people.

0:15:36.560 --> 0:15:39.480
<v Speaker 8>It really has. And I think we've all said this

0:15:39.640 --> 0:15:41.840
<v Speaker 8>case has just been such a land mark case and

0:15:41.880 --> 0:15:45.640
<v Speaker 8>it continues to be. There's just it'll go down in

0:15:45.800 --> 0:15:50.440
<v Speaker 8>history as I don't note putting benchmarks and making venchmarks.

0:15:50.560 --> 0:15:53.800
<v Speaker 8>I think the future law and pretty astounding.

0:15:54.480 --> 0:15:56.960
<v Speaker 4>I think the best thing that we've done. We've had

0:15:57.000 --> 0:16:00.560
<v Speaker 4>the arrest, we've had all the thoughts of eels and

0:16:00.600 --> 0:16:02.640
<v Speaker 4>all that sort of thing, and then we've had the trial.

0:16:02.840 --> 0:16:07.000
<v Speaker 4>We've had a guilty verdict, We've got Linn's Law into operation,

0:16:08.200 --> 0:16:12.160
<v Speaker 4>and we're going just shit back and say we've done

0:16:12.200 --> 0:16:16.200
<v Speaker 4>the best we can and go from there, and now

0:16:16.200 --> 0:16:18.120
<v Speaker 4>we can try and live our lives again.

0:16:18.400 --> 0:16:21.320
<v Speaker 8>Let's hope and pray we can. Yeah, let's hope we're

0:16:21.360 --> 0:16:22.240
<v Speaker 8>free to move on.

0:16:22.320 --> 0:16:25.800
<v Speaker 2>Now these three eminent I disagree with you that Chris

0:16:25.880 --> 0:16:27.880
<v Speaker 2>did kill in Yeah.

0:16:28.520 --> 0:16:33.160
<v Speaker 4>I'm just having goosebumps and shivers there. Yeah.

0:16:33.240 --> 0:16:34.520
<v Speaker 8>Yeah, it'll eat home soon.

0:16:34.600 --> 0:16:37.040
<v Speaker 4>But it takes in a lot of thinking sitting here

0:16:37.120 --> 0:16:39.640
<v Speaker 4>tonight watching the news, and when it comes on we'll

0:16:39.720 --> 0:16:42.520
<v Speaker 4>just go, oh, bugger, thanks great.

0:16:45.280 --> 0:16:47.880
<v Speaker 3>There's always somebody who comes back in relation to it.

0:16:47.960 --> 0:16:52.080
<v Speaker 3>But we know we've got this one and now let's

0:16:52.080 --> 0:16:54.200
<v Speaker 3>hope he just has enough sense to say. I've tried

0:16:54.200 --> 0:16:56.320
<v Speaker 3>to get out of it. They won't listen to me.

0:16:56.760 --> 0:16:57.840
<v Speaker 3>I'll just do my time.

0:17:05.480 --> 0:17:07.720
<v Speaker 2>Who had the best Aussie song of all time? Was

0:17:07.760 --> 0:17:11.240
<v Speaker 2>it Daddy Cool, Yothy Yindi or Akadaka. Andrew McMillan and

0:17:11.320 --> 0:17:14.440
<v Speaker 2>Alan Howe have whittled the long list of brilliant Australian

0:17:14.440 --> 0:17:17.439
<v Speaker 2>made tunes down to just sixty in honor of the

0:17:17.480 --> 0:17:20.760
<v Speaker 2>paper's sixtieth anniversary. You can read the full list of

0:17:20.800 --> 0:17:23.800
<v Speaker 2>the best Australian songs of all time right now at

0:17:23.840 --> 0:17:27.560
<v Speaker 2>the Australian dot com dot au. Thanks for joining us

0:17:27.560 --> 0:17:30.280
<v Speaker 2>on the front this week. Our team is Kristin Amiot,

0:17:30.359 --> 0:17:34.040
<v Speaker 2>Lea Sammagluo, Joshua Burton, Jas the League, Tiffany Dinmak, Matthew

0:17:34.119 --> 0:17:36.000
<v Speaker 2>Condon and meet Claire Harvey.