Australia Australia - Lynette Dawson, 34, Sydney, Jan 1982 *Arrest* #2

Discussion in '1980's Missing' started by imamaze, Jul 14, 2010.

  1. windrower

    windrower Well-Known Member

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    I'm still a couple of pages behind, but why does the defense get the results of someone else's hard work? Do they have to pay Thomas for the data?

    Let the defense do their own interviews. Thomas did the work of gathering data, he should get to determine the usage of the data.
     
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  2. Gardenista

    Gardenista Well-Known Member

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    Defense attys are grasping at straws. What a joke.
     
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  3. drsleuth

    drsleuth Well-Known Member

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    NoCookies | The Australian

    Statement by The Australian and Hedley Thomas9 May 2019

    Chris Dawson’s lawyer is distorting the truth in comments he made today regarding Hedley Thomas.

    In the course of creating the podcast Mr Thomas collected hundreds of hours of audio and hundreds of pages of documents.He and The Australian have already handed over about 100GB of audio and hundreds of pages of material to prosecutors.He is in the process of identifying and providing further relevant documents.The statements made by Mr Walsh in courtand outside court today in claiming there had been document destruction or shredding entirely misrepresent public statements made by Mr Thomas last year at a Teacher’s Pet event held for subscribers to The Australian.They appear to have been made for the purpose of smearing the reputation of Mr Thomas.

    At that event, held more than five months before Mr Dawson was charged,Mr Thomas told the audience that some of his draft script for part of one episode was withheld from the podcast for legal reasons.But there was never any suggestion that any underlying document had been destroyed.

    The exact words spoken by Mr Thomas were as follows:...

    "the legal aspects, I know they’re expensive. We’re getting weekly legal advice so last night at about 11pm I sent the draft of episode 7 to the lawyers.And it was about eleven and a half thousand words so it took them a while to read it.But they got back to me today and said ‘we, ah, we think chapter 5 of episode 7 needs to be significantly shredded, cut out, and I was like ‘oh why’? And they said ‘well you’ll go to jail if it stays’.

    So that was the most dramatic advice we’ve had so far.The statements made by Mr Walsh today egregiously misrepresent those comments.The Australian has recently removed access to the podcast from Australia at the request of prosecutors and is continuing to respond to requests from prosecutors to provide documents that are relevant to Mr Dawson’s murder trial.

    The Australian and Mr Thomas do not intend to comment further on this matter.They believe that it is otherwise in the interests of justice that all parties, including Mr Walsh, confine their comments on this matter to the courtroom.

    Ends

    Mr Walsh flagged to the court that he planned to cross-examine Thomas in the witness box at a pre-trial committal hearing later this year. But he said five months after Mr Dawson’s arrest, Mr Thomas’s lawyers had yet to produce a number of critical interviews with witnesses.

    “He (Thomas) is the journalist who has interviewed virtually all the witnesses or potential witnesses in this case,” Mr Walsh told NSW Chief Magistrate Graeme Henson. “It is essential that all this raw material with prospective witnesses and witnesses be disclosed to the defence.”
     
  4. SouthAussie

    SouthAussie Well-Known Member

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    I have never heard of a book/podcast/TV show being used in a criminal case before. Traditionally, it is the police brief that is used ... along with witnesses.
    I wonder if the podcast is just being used to identify information and witnesses - seeing that the police brief is likely missing adequate follow-up and investigation from the early years.

    The court appearance yesterday was just a mention, of no real trial significance except to keep the court case on track and work out the allowable details. The committal hearing is yet to come.

    The defense gets to see all of the info that the prosecutor is using. It is the prosecutor that has been given the podcast details by Hedley/The Australian.

    Prosecutors will announce today if they will use any information from The Teacher’s Pet in the case against Chris Dawson.
    MamaMia - May 9, 2019
     
    Last edited: May 9, 2019
  5. SouthAussie

    SouthAussie Well-Known Member

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    Just to add to my above post, the defence may be using the tactics of a "shredded document" to try to get the prosecution to not use the podcast in the committal hearing and trial, or for the judge to disallow its use. imo
     
  6. Pi Thoughts

    Pi Thoughts Well-Known Member

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    At this rate, the defence will be targeting websleuthers next!
     
  7. JLZ

    JLZ Well-Known Member

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    I think the defence is trying to raise what it hopes may amount to reasonable doubt. It wants to say that there is something missing from the evidence which might--we just don't know, since we don't know for sure what was destroyed--have proven the client innocent. I've heard (private communication) of that tactic succeeding with a jury in preposterous circumstances; what was excluded was completely irrelevant and the judge ought to have shut the argument down, but somehow didn't. However, that was in the last moments of a trial, whereas here the judge has plenty of time to think.
     
    Last edited: May 10, 2019
  8. SouthAussie

    SouthAussie Well-Known Member

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    Yes, I agree. I think the defence are manouevering to show the judge that they will produce reasonable doubt in a trial if the podcast is used. I think they are battling to keep that podcast out of the trial because it is so revealing and all encompassing, and things could look pretty grim for Dawson if the podcast is used.
     
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  9. DRT

    DRT Well-Known Member

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    Who says they haven't. There is distinct lack of posts between Episodes 5 and 7.
     
  10. SouthAussie

    SouthAussie Well-Known Member

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    I think it is only episode 7 that is involved in this 'shredded document' debacle. And only chapter 5 of that episode.

    "we, ah, we think chapter five of episode seven needs to be significantly shredded, cut out"

    But we know that WS honours legal requests, as they have done in the Claremont cases.
     
  11. Linskid

    Linskid Well-Known Member

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    Episode 7 is “The Rings,” but how do we know the chapters? Chapters aren’t identified on the podcast through iTunes.
     
  12. SouthAussie

    SouthAussie Well-Known Member

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    Good question. I was wondering the same thing.

    We dont even know if chapter 5 is in the middle or the last chapter of that episode.
     
  13. JLZ

    JLZ Well-Known Member

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    I wasn't thinking the manoeuvre was dependent on the podcast being used. If evidence was destroyed that could prove the client innocent (I don't want to say "Dawson innocent", my gut rebels), that's a possibility to be played on regardless of whether the podcast is being used in evidence.
     
  14. SouthAussie

    SouthAussie Well-Known Member

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    Yes, well, that is the stance that the defence seem to be taking. "Shredded document" could show that Dawson is not guilty .. and some other person who may have sued over it could be the guilty one.

    I tend to think that the defence will use any route they can to keep the entire podcast out of the trial. And this "shredded document" thing is the only possible route they have been able to find, at the moment.

    Seems to me that the podcast could be the only record of interviews with witnesses and other evidence that the former police neglected to obtain or keep.

    My hope is that the judge allows the podcast, perhaps disallowing just Chapter 5 of Episode 7 if this becomes a real bone of contention.
     
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  15. Cliff Hardy

    Cliff Hardy PI

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    I honestly don't see why the podcast is so imperative in the hearing of this case. I agree Chris Dawson would never have been arrested without it. But the police can followup every lead and re-interview everyone interviewed in the podcast (provided they are still alive of course). That is their job.

    It's not like the prosecution is just going to place a pile of podcast recordings in front of the judge and say "here's our evidence You Honour".
     
  16. SouthAussie

    SouthAussie Well-Known Member

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    I am not even sure how the podcast can be brought into the trial. I have never heard of such a thing before.
    But it does seem that the defence are making a big hue and cry about it, and perhaps trying to invent a shredded document.

    I saw a Google result stating "... and it is something that should be vitally important to the Director of Public ..."
    When I follow the link, the full statement refers to Episode 5: A Lovely Drink.
    What should be vitally important to the prosecution? Perhaps the witness statement to the police - referenced in this episode - about Dawson appearing strange and agitated (this would be immediately after Lyn's "disappearance") when Dawson suddenly went to pick Joanne up from her holiday at South West Rocks.


    "In January 1982, as most Australians enjoyed a carefree holiday season, Lyn Dawson was trying to pick up the tattered threads of her marriage. Joanne Curtis was taking tentative steps to extricate herself from her affair with Lyn’s husband. And Chris Dawson was desperately seeking solutions. In this episode, a damning piece of evidence – once thought lost – is recovered, and it is something that should be vitally important to the Director of Public Prosecutions."
    NoCookies | The Australian
     
    Last edited: May 12, 2019
  17. DRT

    DRT Well-Known Member

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    Another interesting article.

    NoCookies | The Australian

    "Beverley Balkind replaced murder suspect Chris Dawson as a physical education teacher at Cromer High after his wife, Lyn, vanished in 1982 and says she was shocked to find a culture of acceptance of sexual relationships between teachers and students.
     
  18. JLZ

    JLZ Well-Known Member

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    And below that, links to CD's August 1982 statement to police and to Vanessa Worrall's statement. Was Chris's statement lost at one time? And Hedley uncovered a copy as part of some submission, to the Ombudsman or something?

    Edit: I see that the Ombudsman's file is treated in Episode 8; so, probably not the subject of the Episode 5 teaser. Also, from memory, the statement that turned up in the Ombudsman's file was a handwritten statement from Chris much earlier than August.
     
    Last edited: May 12, 2019
  19. k-mac

    k-mac Well-Known Member

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    yes
    that's exactly what happened JLZ.
    what I find absolutely abhorrent about the lost CD first statement,
    TWO separate inquests failed to locate it.
    gobsmacking

    were you aware that one of CDs students is NOW a head honcho at the DPP???

    all a matter of coincidence of course...…:confused:o_O

    my opinion only
     
  20. Via Marple

    Via Marple Here to learn how devious minds work

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