R v Dawson [2020] NSWSC 1221

On 3 April 2020, Christopher Dawson was arraigned on an indictment dated 30 March 2020 charging him with the murder of his then wife, Lynette Dawson, at Bayview in the State of New South Wales on or about 8 January 1982. On his arraignment he entered a plea of not guilty. 

By a notice of motion dated 7 April 2020, Mr Dawson (the applicant) applies for an order that the indictment be permanently stayed on the following grounds:

1. The trial of the applicant will be productive of an injustice and incurable unfairness where the allegation of murder involves events which occurred in 1982.
2. The applicant will be severely prejudiced in his defence as a result of the contamination of evidence and/or collusion between the Crown witnesses.
3. The combination of delay and the contamination/collusion of Crown witnesses has prejudiced the applicant’s ability to defend the allegation of murder such that his trial will be so unfairly or unjustifiably oppressive that its continuation constitutes an abuse of process.

The evidence adduced on the application was voluminous. A supporting affidavit sworn by Mr Walsh, solicitor for the applicant, annexed five lever arch folders of material. The affidavit was read without objection. The material annexed to Mr Walsh’s affidavit included the brief of evidence served on the applicant following his extradition from Queensland under warrant on 6 December 2018. It also included the Crown case statement dated 23 April 2020 which was filed in this Court in accordance with the Crown’s obligations under s 142 of the Criminal Procedure Act 1986 (NSW)… continue to the judgment below…

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