Australia Australia - Leisl Smith, 23, Wallarah, NSW, 19 Aug 2012 *arrest in 2019, died during trial*

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If JC had been found guilty today, Leisl would be considered to be a victim of a violent crime, rather than a long term missing person. Her family would have been entitled to the victim support scheme in NSW. They have been robbed of this, too. What a travesty.
 
Hi All,
Just a note, the Find Leisl Smith FB is not the “official” page of her family.

Having said that, yes, despite having gone through the entire court process and simply having to await a verdict, the laws as it stands in NSW (and other states as far as I know in Australia), is that once an accused is deceased, the trial ceases.
Regardless of where in that process the death occurs.

It is grossly unfair, but that is the law. The judge had no other option.

One that will hopefully change at some stage.
Cheer and thanks for all the support guys.
 
eccsci said:
Hi everyone,

It's been a long time and there have been a number of reasons, mostly due to not wanting to compromise the case ( I had to give evidence also). There has also (and continues to be) a gag order in relation to aspects of the evidence and the trial. So if there are gaps and what not, it is most likely due to the media not being allowed to report. There are a number of reasons this was granted and I thank you all for your understanding.

There has much been said in court about Leisl and majority of it not pleasant. I think that is the most unfair thing of all; Leisl not having the ability to speak for herself about what has been said. But, that's what happens in a trial such as this.

The defendant is currently giving evidence and the trial is not expected to run much longer. There needs to be closing arguments and then the judge retires to consider the evidence and decide her verdict.

The benefit to having a judge only trial are numerous but I think the biggest advantage is that Her Honour is required to list each reason as to why she has made her judgement, unlike a jury where this is not required (in Australia at any rate). It will be interesting to hear, I do admit.

It's been a very long process and thanks to all for your patience. I'll keep you updated where I can.
Click to expand...

I am so very terribly sorry for this latest turn of events. In your opinion, do you think the judge would have found him guilty? Can you share any of the evidence that we were unable to hear now that he is deceased, or does the court hold the gag order in place even after he died?
 
cocomod said:
I am so very terribly sorry for this latest turn of events. In your opinion, do you think the judge would have found him guilty? Can you share any of the evidence that we were unable to hear now that he is deceased, or does the court hold the gag order in place even after he died?
Click to expand...
I personally think he was but obviously I cannot assume that the judge believes the same.

The NSW Attorny General has asked his department to look into it given the unique circumstances, so I am loathe to explain anything just yet, in case it jeopardises anything.

Cheers
Jx
 
www.smh.com.au

NSW attorney-general seeks advice as murder trial ends without verdict after accused died

A verdict on whether James Scott Church killed his girlfriend Leisl Smith in 2012 was due on Friday, but Church killed himself on Thursday.
www.smh.com.au www.smh.com.au

The NSW attorney-general is seeking advice from his department after a Supreme Court judge was unable to deliver a verdict in the trial of the man accused of murdering missing woman Leisl Smith because the accused died by suicide hours before her decision.

Justice Elizabeth Fullerton was poised to deliver her verdict on Friday in the trial of James Scott Church, 53, who was accused of murdering Smith, 23, after she vanished from a Central Coast railway station in 2012. Smith’s body has never been found, and her family remain desperate to know what happened to her.

....................

NSW Attorney-General Mark Speakman said “my thoughts go to the family and friends of Leisl Smith – after more than a decade of searching for answers to Leisl’s disappearance and the trauma of enduring a lengthy criminal trial, they are no closer to receiving closure in these devastating circumstances.

“I have asked the Department of Communities and Justice for advice on this matter.”
 
Firstly, the FIND LEISL SMITH page is sanctioned by the police. Selected members of the family run the other page, so it is not supported by all of Leisls family . They were asked, by the police, NOT to offer a reward, but went ahead and did it anyhow. All that did was encourage people who wanted the reward to give time consuming stories to the police that had to be followed up. All a waste of time . Secondly, as i sat in the court room each and every day of the trial, i heard eveything that was put to the judge by all witnesses ( except for one witness who wished to remain anonymous .) All the alledged sightings of Leisl have been disproven . The judge, on several occasions, asked for clarification so that she understood what the prosecution and defence and witnesses were conveying. The outcome was not what was expected, but I will continue to fight for justice for Leisl.
 
cocomod said:
I am so very terribly sorry for this latest turn of events. In your opinion, do you think the judge would have found him guilty? Can you share any of the evidence that we were unable to hear now that he is deceased, or does the court hold the gag order in place even after he died?
Click to expand...
There has never been a gag order. The media have had access to the trial each and every day.
 

FIND LEISL SMITH

Monday 18th July, at 19.00 A Current Affair will be screening an interview with Sandi, the mother of Leisl, after the unimaginable outcome of the trial which was every person's nightmare. Please...
www.facebook.com www.facebook.com

FIND LEISL SMITH​

13m ·

Monday 18th July, at 19.00
A Current Affair will be screening an interview with Sandi, the mother of Leisl, after the unimaginable outcome of the trial which was every person's nightmare.
Please watch, something in the piece may bring back a memory for you that, still after 10 years, could be used to find Leisl.
That is ALL we want, just to KNOW where Leisl is.
 
Georgeacita said:
At the time of Leisls disappearance, she was NOT pregnant . this has been verified by blood tests and ultrasound done by drs who have given this evidence in the trial
Click to expand...
I hope you don't mind me asking - and if you do mind, I will not be offended in the least.

First of all, I am so sorry for what you and your family have been through. Losing someone you deeply care for is never ever easy to bear, but having them go missing is a whole other chapter of grief. My prayers and love go out to you all. Leisl seemed like a special girl.

Do you think Leisl potentially misled James to believe she was with child in hopes he'd take her back?
Or perhaps she miscarried before her disappearance?

No judgments on Leisl regardless. She was a young woman who was heartbroken and devastated, and wanted everything to go back to being okay
 
sleepinoz said:

FIND LEISL SMITH

Monday 18th July, at 19.00 A Current Affair will be screening an interview with Sandi, the mother of Leisl, after the unimaginable outcome of the trial which was every person's nightmare. Please...
www.facebook.com www.facebook.com

FIND LEISL SMITH​

13m ·

Monday 18th July, at 19.00
A Current Affair will be screening an interview with Sandi, the mother of Leisl, after the unimaginable outcome of the trial which was every person's nightmare.
Please watch, something in the piece may bring back a memory for you that, still after 10 years, could be used to find Leisl.
That is ALL we want, just to KNOW where Leisl is.
Click to expand...

Watching now - what a s c u m b a g :mad:
 
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