Still Missing Australia - Lynette Dawson, 34, Sydney, Jan 1982 *Arrest* #3

[drsleuth]

Decision restricted - NSW Caselaw

Click on the link & you can read the summary

In the interests of justice, to ensure that Mr Dawson is able to receive a fair trial, the Court’s judgment will be temporarily restricted. There is a non-publication order in respect of the evidence and submissions on the appeal.

 

[Trooper]

Mr Dawson applied for a permanent stay of proceedings, citing extensive pre-trial publicity through a podcast and the delay in charging him.

"Mr Dawson argued that these matters, either alone or together, would render any trial necessarily unfair and that if he were convicted, this would bring the administration of justice into disrepute," a judgement summary read.

But a Supreme Court judge ordered he should stand trial and that decision was upheld today by the Court of Criminal Appeal.

"The Court agreed with the primary judge that the prejudice to Mr Dawson caused by the pre-trial publicity and delay in this case is very serious," the summary read.

"However, it also held that such prejudice to Mr Dawson is able to be remedied or sufficiently ameliorated by careful directions which the judge at the trial will give to the jury, as was found by the primary judge."


And that is how the wheel of fortune turns, one way, then the other, ... then in a settled direction. All the chatter in the world is no obstacle to the careful directions of a judge...

 

[sleepinoz]

Chris Dawson to stand trial on allegations he murdered wife Lynette

Kelly Fedor's article following her tweet

 

[drsleuth]

Chris Dawson to face trial for Lynette Dawson murder

Summary :

• Last year, Mr Dawson sought a permanent stay of proceedings in the NSW Supreme Court. Justice Elizabeth Fullerton declined to grant it, but agreed to a temporary stay, which meant any jury trial could not proceed until after June 1, 2021.
• Podcast cannot be named for legal reasons
• Mr Dawson argued that there were errors made by Justice Fullerton, including failing to take into account the prejudice caused by pre-trial publicity & also that the decision to refuse a permanent stay was unreasonable, and that the judge applied an incorrect legal test.
• Chief Justice Bathurst noted in the summary that “a fair trial is not necessarily a perfect trial”. “He also noted that while fairness to the accused is one consideration, so too is the public interest of the community in bringing those charged with serious criminal offences to trial,” the judgment summary said.
• Mr Dawson’s case is expected to return to court later this year.

 

[drsleuth]

This must be costing CD huge $'s

 

[Trooper]

Either way, he is a ruined man. There would not be much left of his accrued savings even now, but with a trial coming up, even if he gets a bit of a discount from his brothers pals in the law business, it still is going to come in at anywhere in the region of $200.000.00 for a sharp defence, with friendly science and paid forensics, and paid psychologists, etc, all the paraphernalia of a high powered defence...

He'll be lucky to come out of it with enough for a cup of coffee.

 

[Trooper]

This must be costing CD huge $'s

oooo SNAP , Dr S. !!!

 

[ThaiBali]

This must be costing CD huge $'s

Would he be eligible for Legal Aid?

 

[Gibbo214]

This must be costing CD huge $'s

We hope so.

 

[Gibbo214]

Either way, he is a ruined man. There would not be much left of his accrued savings even now, but with a trial coming up, even if he gets a bit of a discount from his brothers pals in the law business, it still is going to come in at anywhere in the region of $200.000.00 for a sharp defence, with friendly science and paid forensics, and paid psychologists, etc, all the paraphernalia of a high powered defence...

He'll be lucky to come out of it with enough for a cup of coffee.

He, as a school teacher would have great super when it was not available to us. I think it was something like $1 (pounds then) of his and four from taxpayers.

 

[Trooper]

He, as a school teacher would have great super when it was not available to us. I think it was something like $1 (pounds then) of his and four from taxpayers.

It costs about $1 mill to retain his barristers, solicitors et al, paralegals, what nots, for every day he delayed the trial... his own gamble , as he must have thought he had a good chance to make this court case disappear into the fog of age and public opinion.

So for him, to buy the expertise of all his legal team for this long was, presumably, a bet worth taking.

However, he lost it. The law has decided that the case will re convene from where he was originally charged with the murder of his young wife, something he , at 79 , will , no doubt be having trouble just remembering how much in her prime of life Lynn was, her two beloved daughters, her home , which her father had lent them the money for and Dawson kept for himself after her 'disappearance', her beloved husband, her job which she loved.. ....

Big gamble, big loser.

 

[Gibbo214]

It costs about $1 mill to retain his barristers, solicitors et al, paralegals, what nots, for every day he delayed the trial... his own gamble , as he must have thought he had a good chance to make this court case disappear into the fog of age and public opinion.

So for him, to buy the expertise of all his legal team for this long was, presumably, a bet worth taking.

However, he lost it. The law has decided that the case will re convene from where he was originally charged with the murder of his young wife, something he , at 79 , will , no doubt be having trouble just remembering how much in her prime of life Lynn was, her two beloved daughters, her home , which her father had lent them the money for and Dawson kept for himself after her 'disappearance', her beloved husband, her job which she loved.. ....

Big gamble, big loser.

He is 79. He hopes that he can stave it off until he dies.

 

[Trooper]

Would he be eligible for Legal Aid?

Not until he is completely broke!! and then, it goes before a panel.. they would look at the assets he once had, or even, his extended family assets, a horrid thought for his brothers, I would think.. ... but at his age.. not likely. He is, I am sorry to say, unlikely to be sent to prison.. there is a chance, but it's slim, because of his age... Legal aid is for those facing strong likelihood of prison, generally.

Bad luck, ey ?? ( )

 

[Trooper]

He is 79. He hopes that he can stave it off until he dies.

He does, indeed. And he has nearly succeeded....he has lost the gamble of fronting up to answer the charge of murder , though, and that is somewhat of a win for the public, and a huge , huge loss for him.

but what a way to live a long life, with that hidden in yourself.

 

[Gibbo214]

He does, indeed. And he has nearly succeeded....he has lost the gamble of fronting up to answer the charge of murder , though, and that is somewhat of a win for the public, and a huge , huge loss for him.

but what a way to live a long life, with that hidden in yourself.

He doesn't care if the money he has or the debts his estate will leave. He did not care for his daughters when he murdered their mother, so that he could put it in a schoolgirl. Why would he worry about their inheritance?

 

[Trooper]

He doesn't care if the money he has or the debts his estate will leave. He did not care for his daughters when he murdered their mother, so that he could put it in a schoolgirl. Why would he worry about their inheritance?

He has lost , already, unrecoverable prestige, status and credibility...

And maybe , that's what it was all about, really.. the prestige and status of being a handsome rugby player, pulling in all the young surfer girls.. the money would have been the icing on the cake, no doubt, and certainly, Lynn was a terrible barrier to that being all under his control. .

 

[Gibbo214]

He has lost , already, unrecoverable prestige, status and credibility...

And maybe , that's what it was all about, really.. the prestige and status of being a handsome rugby player, pulling in all the young surfer girls.. the money would have been the icing on the cake, no doubt, and certainly, Lynn was a terrible barrier to that being all under his control. .

I disagree. He had it all but for the last four years. What does he care now as long as he can live out his life.

 

[Kemug]

I wonder how the current missus is taking it. None of it is her fault of course.

 

[Trooper]

I wonder how the current missus is taking it. None of it is her fault of course.

Rationally, she would be thinking she was lucky.,... I think Joanne understands she was lucky , too. get rid of one, it only gets easier to get rid of 2 and 3...... come to think on it, Joanne was extremely lucky, really.. He would have been more attuned to his inner resentments with Joanne ( being older, and harder ) that he was with Lynn....

 

[Gibbo214]

Rationally, she would be thinking she was lucky.,... I think Joanne understands she was lucky , too. get rid of one, it only gets easier to get rid of 2 and 3...... come to think on it, Joanne was extremely lucky, really.. He would have been more attuned to his inner resentments with Joanne ( being older, and harder ) that he was with Lynn....

But Joanne left on her own accord, when he was playing around with schoolgirls (again) because she knew what was happening. Lyn had no idea.