A judge has ruled former Sydney teacher Chris Dawson should face a murder trial over the disappearance of his wife Lynette — but not until at least mid-next year to ensure a fair trial amid a "media storm" around the case.
Key points:
Mr Dawson, 72, has pleaded not guilty to murdering Lynette Dawson, who was last seen at their Northern Beaches home in 1982.
It can now be revealed Mr Dawson's legal team applied for a permanent stay of proceedings, arguing he would face "considerable forensic disadvantages in advancing his defence".
A permanent stay would mean the indictment which charges Mr Dawson with murder would not proceed to trial.
Both the application and the decision of Supreme Court Justice Elizabeth Fullerton were previously unable to be reported for legal reasons, but in a summary published on Friday the judge revealed details of the development.
Mr Dawson's legal team claimed the "unreasonable delay" in the commencement of the proceedings was among the reasons he would not receive a fair trial.
Pre-trial publicity also played a key role in the application, it can now be revealed.
"The accused also contended that his trial will be irredeemably unfair because of the nature and extent of public commentary across a range of electronic media and social media platforms concerning Lynette Dawson's 'disappearance' and her suspected murder," the summary said.
The judge said Mr Dawson's legal team had directed "considerable criticism" towards a serialised podcast produced by an investigative journalist in 2018.
The summary said for many years, skilled journalists had been responsible for the exposure of "incompetent or corrupt behaviour", including of public officials, along with sexual misconduct in institutions.
Such work had earned the respect of the general public, the judge's summary said.
"However, the risk that an overzealous investigative journalist poses to a fair trial of a person who might ultimately be charged with an historic murder (or another historic criminal offence or offences) is self-evident," Justice Fullerton wrote.
No application for a permanent stay had ever been based on a podcast and the "media storm" which it generated, she said.
"Her Honour was left in no doubt that the adverse publicity in this case or, more accurately, the unrestrained and uncensored public commentary about Lynette Dawson's suspected murder, is the most egregious example of media interference with a criminal trial process which this court has had to consider in deciding whether to take the extraordinary step of permanently staying a criminal prosecution."
The court ordered Mr Dawson's trial not commence before June 2021, which would allow "commentary" to abate and ensure the right to a fair trial.
The judge's summary noted in light of the evidence adduced on the permanent stay application, a journalist who ignored the potential impact of commentary on the integrity of a police investigation and the impact on a future trial "will do so at their peril".
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2020-09-25 08:18:00Z
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