R v Gittany Main Judgment

7/22/2019 R v Gittany Main Judgment

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Supreme CourtNew South WalesCommon Law Division

Case Title: R v Gittany (No 4)

Meium Neutral Citation: !"#$%& NSWSC $'%'

earin Date(s): "$* ""* "%* "4* "+* %#* %$ ,-to.er* $* 4* +* /*'* 0* $$* $"* $%* $4* $+ Novem.er "#$%

De-ision Date: "' Novem.er "#$%

1urisi-tion: Common Law 2 Crime

3eore: M-Callum 1

De-ision: 5--use oun uilty o the murer o LisaCe-ilia arnum

Cat-hwors: CR6M7 8 murer 8 trial .y 9ue alone 8whether a--use uilty or not uilty 8een-es 8 provo-ation 8 where not raise

on -ase or a--use

Leislation Cite: 7vien-e 5-t $+* s +

Cases Cite: R v Gittany !"#$%& NSWSC $+#%R v Gittany (No ") !"#$%& NSWSCMahmoo v Western 5ustralia ("##0) "4$5LR /#/Thwaites v The State o Western 5ustralia!"##4& W5SC5 $'

Te;ts Cite:

Cateory:


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inli-t rievous .oily harm upon her* or with re->lessnessA The a--use

put orwar a -ase in een-e .ut .ears no onus in that or any respe-tA

4 The Crown su.mitte that* i 6 were satisie .eyon reasona.le ou.t as

to the physi-al a-t allee aainst the a--use* 6 woul also .e satisie

.eyon reasona.le ou.t* havin rear to the nature o that a-t* that it

was one with the intention o >illin or inli-tin rievous .oily harmA 6t

was not sueste otherwise on .ehal o the a--useA 6 a--ept the

su.mission o the Crown on that issueA

+ ,n any view* the -ir-umstan-es o Lisa arnumEs eath were sho->in

an trai-A The trial e;perien-e an unpre-eente level o pu.li-

attention* no ou.t uelle .y the reeom o reportin en9oye .y the

press in a trial without a 9uryA 3oth -ounsel remine me in that -onte;t o

the nee to steel mysel aainst the natural sways o sympathy an

-on-ern or Lisa arnumEs amily an similarly aainst any neative

sentiment* or inee sympathy* towars the a--use whi-h may .e

e;-ite .y the evien-e in the -aseA

/ There was a -onsiera.le amount o evien-e in the trial as to the nature

o the relationship .etween the a--use an Lisa arnumA Some o the

evien-e souht to .e au-e .y the Crown on that issue was e;-lue

as .ein pre9ui-ial* too eneral or too remote rom the time o Lisa

arnumEs eathA Some was amitte over the o.9e-tion o the a--use: R

v Gittany (No 2)!"#$%& NSWSC $+A The a--use au-e a

-onsiera.le amount o relationship evien-e himselA

' 6t is important to .ear in min the limite purpose or whi-h the relationship

evien-e was au-e an not to .e unuly istra-te .y itA 6mportantly*

su-h evien-e was not amitte in the Crown -ase as tenen-y evien-eA

Fltimately* the -riti-al events are those o the mornin on whi-h Lisa

arnum ieA owever* ea-h party pla-e relian-e* or ierent purposes*

on evien-e o events over many months .eore that ayA 6t is a--orinlyne-essary to -onsier an analyse that evien-e in some etailA

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-onientA She mae a num.er o -on-essions reaily an without

prevari-ationA 6 have no hesitation in a--eptin her evien-e as .ein

-ompletely honest an mostly relia.leA 5ny reservation 6 have as to the

relia.ility o any aspe-t o her evien-e is e;pli-itly aresse .elowA

$/ 6t is ne-essary to ive separate -onsieration* in the -ase o hearsay

evien-e relie upon as to the e;isten-e o an asserte a-t* to the li>ely

relia.ility o the unerlyin assertionA 6t was su.mitte or the a--use that

Lisa arnum was an unrelia.le historianA Mr Stri->lan -ontene that

she was a -onli-te* -ompli-ate an -onuse woman who isplaye a

pattern o overrea-tin to events in the relationship* enain in ramati-*

attention2see>in .ehaviour an then settlin own aainA Those

su.missions are -onsiere in the -ourse o the -hronoloi-al a--ount o

events that ollowsA

$' Mrs arnum sai that Lisa arnum move to 5ustralia rom Canaa in

"##4* settlin irst in Mel.ourne an later in SyneyA 5ter movin to

Syney* she too> a hairressin -ourse at 5ustralian air I 3eauty near

3oni 1un-tion* where she also wor>e part time to help pay or her tuitionA5s at 1anuary "#$# she was stayin temporarily with a woman -alle

5maliaA 6t was at aroun that time that she met the a--useA

$0 The a--use ave evien-eA e sai that he met Lisa arnum in early

"#$# throuh his rien Geore Jaram* es-ri.in her as GeoreEs

mistressA She move in with the a--use at his previous apartment in


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T" an in there at the

en-ouraement o the a--use (T%'A0)A There was also evien-e rom a

psy-holoist -onsulte .y Lisa arnum in 1anuary "#$$ that the a--use

ha her stop wor> (T"%+A"/)A

"% The a--use enie that Lisa arnum stoppe wor>in at the hairressin

salon at 3oni 1un-tion at his reHuestA e sai that she was not happy

with the wor> there (T/'"A")A e es-ri.e a num.er o attempts he

mae to in her other wor>A

"4 6 am satisie rom what Lisa arnum sai to others that the a--use

pro.a.ly i en-ourae her to stop wor>in at the salon at 3oni 1un-tionAowever* there is insui-ient etail on that issue to raw any ineren-e as

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.ra* an that i she ran> al-ohol she .e-ame lirtatiousA e avise her

to tone own on how mu-h she was revealin o her .oy so as not to

attra-t what he terme the wron attention or ive out the wron sinal

(T/+A402T//A"#)A Mr Stri->lan tenere a photoraph o the type o

-lothes she wore when the a--use elt 9ealousy (e;hi.it "0 T0'"A"4)A

She was -ertainly an e;tremely .eautiul womanA

4/ 6n De-em.er "#$#* Lisa arnum went home to Canaa or ChristmasA

She staye or a.out three wee>sA When she arrive* Mrs arnum

noti-e a -hane in her appearan-eA er hair was pulle .a->* she wore

no ma>e2up an her -lothes were .la->s an reysalmost military* very

non2revealinA Mrs arnum sai that was not what Lisa woul normally

wear (T+/A$$)A The -hane in appearan-e es-ri.e .y Mrs arnum may

.e o.serve in an al.um o photoraphs tenere .y the a--use (e;hi.it

$)A The ieren-e .etween .irthay inners is parti-ularly star> (photos

ate $$ 1une "#$# an $" 1une "#$$ in e;hi.it $)A The a--use

-onirme in his evien-e that he was not -omorta.le with Lisa arnum

wearin revealin -lothes an that he as>e her not to wear -lothes li>e

that (T'04)A

4' Mrs arnum sai that when her auhter was in Canaa at Christmas*

she sai she wasnEt to let her riens >now she was there .e-ause the

a--use i not want her to o out partyinA The a--use a--epte that

he ha is-usse with Lisa arnum .eore she went to Canaa that she

woul only visit her amily (T'0A4')A e sai that was .e-ause she ave

him the same orer (T'#A')A

40 Mrs arnum sai that* urin that visit* the a--use -alle Miss arnum

-onstantly wantin to >now where she was* ma>e sure she was only with

amilywhat she was wearin* why she was at a mall (T+'A$4)A Similar

emans .y the a--use may .e oun in an e;-hane o te;t messaes

aroun that time (e;hi.it K* items "+ to %$)A is tone in those messaes is

stern an patriar-halA owever* other te;ts .etween them suest thatea-h was -ontent to a--ept a eree o sel2impose or mutually aree

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-onstraint as to their so-ial a-tivities while she was away (e;hi.it $0* items

" to +* $+ an $/ an see evien-e o 3ar.ara Gittany at T%%A"")A

4 The mi;e o.9e-tive evien-e prompts me to approa-h Mrs arnumEs

evien-e as to the a--useEs persistent -onta-t urin that trip with some

-autionA She ne-essarily hear only one sie o the telephone

-onversations an she was not privy to the many te;t messaes also

e;-hane urin that timeA 6 a--ept without eHuivo-ation her evien-e as

to the eree o -ontrol she o.serve was .ein e;er-ise over her

auhter .y the a--use urin that perio* .ut his viilan-e was eviently

not entirely unre-ipro-ateA

+# My assessment o the evien-e o that perio is that Lisa arnum an the

a--use were in love with ea-h other at that time an were missin ea-h

other while they were apartA owever* 6 am also persuae that Lisa

arnum was .y De-em.er "#$# .ein su.9e-te to a eree o s-rutiny

an ire-tion rom the a--use that was over.earinA

+$ Mrs arnum i not want Lisa to return to 5ustralia an sueste that

she stay in CanaaA Lisa respone that she still hel onto her ream o

livin in 5ustralia an that she wante to o .a-> to try an ma>e that

ream -ome true (T+'A"')A Mrs arnum sai that* on more than one

o--asion* Lisa arnum tol her a.out aruments with the a--use relatin

to her appli-ation or resien-yA She sai Lisa tol her the a--use ha

sai he >new people that -oul have her visa appli-ation -an-elle an

that she ha ive minutes to pa-> her .a (T4'A%+ T$$"A)A

+" 6t is important to note that that evien-e was amitte not as to the truth o

the wors attri.ute to the a--use .ut or the a-t that he sai those

wors to Lisa arnum (as inormin the nature o their relationship)A

Mrs arnum sai that her auhter ha tol her o su-h threats rom the

a--use at least ive times (T4'A$%)A

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// Ms Sharwoo was as>e in -ross2e;amination whether Lisa arnum ha

a-tually sai that she was an only -hilA The witnessEs response was

(T"4#A+):

6 it is in my notes then thatEs what 6 woul have written own anthatEs true* i it is in my notesA

/' Mr Stri->lan relie on that evien-e as an illustration o Lisa arnum

.ein an unrelia.le historianA

/0 6 am not persuae that Lisa arnum in a-t tol Ms Sharwoo that she

was an only -hilA 6 have no ou.t that Ms Sharwoo eneavoure tore-or an a--urate a--ount o the -onsultationA owever* she stru-> me

as a person who -oul easily have .een -onuse a.out su-h etailA 6

thin> it is more li>ely that she either mishear or misunerstoo somethin

that was sai to her .y Lisa arnum* or else re-alle that aspe-t o the

is-ussion ina--urately at the time she -ame to ma>e her notesA

/ Lisa arnum i not return to see Ms Sharwoo aainA

'# 6n ?e.ruary "#$$* the a--use pur-hase a -omputer proramme whi-h

ha the -apa-ity to monitor mo.ile telephone te;t messaesA e put the

appli-ation on Lisa arnumEs mo.ile phone an .ean to monitor her te;t

messaes without her >nowlee (T'#2$#)A

'$ The a--use ran>ly amitte this in his evien-eA e sai that he .ouht

the proramme .e-ause Lisa ha previously sai there was somethin

she ha not tol him* o whi-h she was ashameA They ha several

is-ussions a.out this se-retA The a--use .e-ame -onuse* upset

an rustrate .e-ause his partner was hiin somethin rom him whi-h

she was too ashame to tell him (T/%2/4)A e sai that* or a.out two

or three wee>s* he rea her te;t messaes .ut that he i not noti-e

anythin that le him to the se-ret so he lost interestA

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0# Mr Stri->lan -ross2e;amine Mrs arnum as to whether she >new that

Lisa arnum ha .etween 4#*### an /#*### in her Westpa- a--ountA

She sai that she i not >now that (T$$/A"+)A That evien-e was

eviently le to support* in a eneral way* the more spe-ii- -ontention that

Lisa arnum was not a relia.le historianA

0$ Later in the trial* the a--use ave evien-e that he also i not >now Lisa

arnum ha a--ounts at Westpa- (T/'+A') an i not >now the amount

she ha in those a--ountsA owever* he later reveale that he i >now

she hel an a--ount with that .an>A 5s alreay note* he ave evien-e

o an o--asion when they ha arue an she sai she was leavinA She

wante to meet him at Westpa- so that she -oul -lose an a--ount

(T/0$A$$)A e spe-ii-ally lin>e that event with the messae in whi-h he

as>e her to leave all her >eys on the ta.le in-luin .an>* suestin

they ha a sae eposit .o; (an see e;hi.it $+* entry ate / May "#$#)A

Whilst that evien-e may seem unimportant in itsel* it rele-te aversely

on the -rei.ility o the a--useA 6t is -lear enouh rom the later evien-e

that the statement that he i not >now she ha an a--ount with Westpa-

must have .een a lieA 6t was a lie tol with tellin ease* eviently or the

sole purpose o is-reitin Lisa arnum .y .olsterin a point raise .y

his .arrister in the -ross2e;amination o Mrs arnumA Why Lisa arnum

shoul ne-essarily have share with her mother or the a--use the etails

o her -onsiera.le savins -olle-te over a perio o years is not -lear to

meA 6t was mostly money she ha save .eore she met the a--use

whi-h in-rease over the perio o their relationship almost entirely ue to

the a--rual o interestA 6 o not thin> that evien-e rele-ts aversely on

Lisa arnumEs -rei.ilityA

0" The a--use an Lisa arnum ha an arument on $ or "# ?e.ruary

"#$$ whi-h resulte in their havin a ew ays apartA Lisa arnum

eviently tal>e to her mother a.out returnin to Canaa ollowin that

arumentA They e;-hane te;ts on "$ ?e.ruary "#$$ as ollows (items

%' to % o e;hi.it K):

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0/ 3y the en o Mar-h "#$$* Lisa arnum was aain -onsierin leavin the

a--useA There was evien-e as to that perio rom Ms Re.e--a

Tris-aruA She ha >nown Lisa arnum sin-e late "##* .eore Lisa

arnum met the a--useA Ms Tris-aruEs .oyrien was Mr 1oe ?ilianos*

who is a -ousin o the a--useA ,ver the months ater they met*

Ms Tris-aru an Lisa arnum .e-ame -lose riensA They spo>e to ea-h

other oten on the phone* sent many te;t messaes to ea-h other an

reularly saw ea-h other (T%'2T%0#)A 6t shoul also .e note that*

inepenently o the rienship .etween Lisa arnum an Ms Tris-aru* the

a--use seems to have oere rienship an support to Ms Tris-aru at

various timesA

0' Ms Tris-aru also spent time with Lisa arnum an the a--use toetherA

She thouht they were a oo -ouple toether an e;presse that view to

ea-h o them on several o--asionsA

00 ,n " Mar-h "#$$* Lisa arnum -omplaine to her mother that she an

the a--use were havin omesti-s an that he ha sai some very

hurtul thins (e;hi.it K* item 4#)A Lisa arnum ha lun-h with Ms Tris-aru

the ollowin ay (e;hi.it $0* items "$4 an "$+)A 5ter the lun-h*

Ms Tris-aru sent a messae to Lisa arnum in whi-h she wrote that she

(Lisa) shoul o what her heart tells her to o (T%0"A"4)A Ms Tris-aru

later re-eive a telephone -all rom the a--useA She sai he >new a.out

the messae an was Huite upsetA e tol Ms Tris-aru that he i not

want her to et involve an i not want her to spea> to Lisa arnum

anymore (T%0%A$/)A The a--use aree that he was very a.usive to

Ms Tris-aru in that -onversation (T0""A%$)A

0 The ollowin ay Lisa arnum sent a te;t messae to Ms Tris-aru ate

$ 5pril "#$$ as ollows (T%0+A""):

i sweetheart* how are youP 6 eel so .a a.out what happenelast nihtA Simon tol me that he -alle you an apoloiseA ethouht we were plottin an es-ape toetherA Su-h a .oyA 6 hope

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min (T/'4A%')A e sai that the reason she stoppe wor>in was that

she was not ettin alon with some o the irls there an was also havin

isputes with -lients who ha .een oere is-ounts .y Mr anna

(T/'+A$)A

4 6n the te;t messaes tenere .y the Crown an the a--use (e;hi.its K

an $0)* the latest uneHuivo-al reeren-e to Lisa arnum .ein at wor>

appears to .e a messae ate $4 5pril "#$$ (e;hi.it $0* item "4+)A

6nterestinly* there is a messae only " ays later in whi-h the a--use

.erates Lisa arnum or havin her hair ownA 6t is appropriate to

-onsier the ull e;-haneA ,n $+ 5pril "#$$* the a--use wrote (e;hi.it

K* items +#2+" e;hi.it $0* items "4/2"40):

Sin-e you ot attitue I you mae the -omment a.out me wor>inurin the ay yesteray* there are two .ills worth ## one orele-tri-ity I one or telstraA 6 want you to pay or them rom yourown moneyA

+ Lisa arnum replie:

6 6 ha a 9o. that pai me money instea o somethin that youare -omorta.le with then may.e 6 -oul pay somethinA Qou area heartless heartless personA

/ The ollowin evenin* the a--use wrote:

Who the u-> o you thin> you are wal>in aroun the house li>eyou own it or -omin I oin without my permissionP 5ain 6waite or you to apoloie or your isustin -omment .ut you

wal> aroun li>e a pea-o-> with your hair out I too prou toapoloieA Qou lie to me I promise you woul listen to me at alltimesA ,.viously* youEre still the prou person I nothin has-hane

' The a--use sai the last messae was sent .y him in the -onte;t that

they ha arue a.out a ress Lisa wante him to .uy or herA e sai it

was a Ki-toria 3e->ham ress worth a ew thousan ollars an he ha

sai no .e-ause they were savin money or his .usiness* whi-h was

startin in a ew monthsA e sai the -omment she ha mae whi-h

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Sorry honeyA 6 -anEt tal> riht nowA Can 6 -all you laterA7verythin is o>A 1ust with Simon at the moment ;;

Ms Ri-hmon replie:

5ny time 6Em up until late

$'$ Later that evenin Ms Ri-hmon trie several times to -all Lisa arnum on

her phoneA She then .e-ame -on-erne ue to how rea-tive Lisa

arnum ha sai the a--use was that he miht .e anry that she ha

-alle so many timesA She sent a urther te;t statin:

Sorry 6 thin> My phone a--ientally >ept -allin you when it was inmy .a apoloies Mi-helleA

$'" Lisa arnum replie:

ThatEs o>A Was wonerin i everythin was o>A ave a ooniht Mi-helleA

$'% Shortly ater miniht that niht* Lisa arnum sent an email to Metro

Storae at 3oni see>in storae spa-e (e;hi.it N evien-e o Mr Ri-har

Stanley at T44#)A

$'4 ,n the mornin o Thursay "0 1uly "#$$* the a--use went to a meetin

(T'$/A%')A CCTK ootae shows that he let the apartment at A% am

(e;hi.it +")A 5t A+/ am* he sent a messae to Lisa arnum as ollows

(item 4+ o e;hi.it $0):

6Em heain out west as 6 have meetin toay V $" I either.eore it or ater it 6 want to put sie steps onA 6 have praye a.outour situation I 6 am -onuse a.out what to oA 6 onEt want us toreret this e-ision years rom nowA 6 have ym later so will tal>thenA

$'+ 5s to the remar> that he ha praye a.out their situation an i not >now

what to o* the a--use e;plaine in his evien-e that he an Lisa

arnum ha ha an arument an ha .ro>en up (T'$/A4')A

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$'/ Lisa arnum let the apartment at $$A" am (e;hi.it +")A She was ue to

train with Lisa 3rown at $$A%# amA When Ms 3rown arrive at The ye*

Miss arnum met her in the lo..yA Ms 3rown state that she was very

aitate an nervous an 6 woul say 9umpy (T$4/A$+)A Ms 3rown ave

the ollowin a--ount o their -onversation (T$4/A"$):

She tol me that she was plannin to leave Simon an thatMi-helle Ri-hmon ha tol her that it was o> to ive me some-lothes an thins o hers or me to loo> ater until she was a.le toleaveA

$'' Ms 3rown es-ri.e Lisa arnum as loo>in petriieA She sai she>ept loo>in aroun everywhere* nervously* loo>in to see i any.oy was

aroun (T$4/A%#)A They went to the ym* where Lisa arnum ha hien

two pillow -ases ull o -lothes an shoes .ehin some eHuipmentA They

too> the pillow -ases ownstairs to Ms 3rownEs -arA They then went .a->

up to the ym on the eihth loor .ut i not trainA They 9ust tal>eA

Ms 3rown sai that Lisa arnum was tal>in a.out the a--use an the

way that thins were or her an how she elt a.out thins an howunhappy she was (T$4'A4")A

$'0 Ms 3rown sai that Lisa arnum tol her she wante to leave the a--use

.ut she wante to stay in 5ustralia an that she was worrie that i she let

him she woulnEt .e a.le to stay .e-ause o the visaA Lisa arnum tol

Ms 3rown that she ha no riens* that she misse her riens an that

she wante to live a ierent lieA She sai that she misse wor>in as a

hairresser an that the a--use i not want her to wor> an that he

woul ive her money an she i not have to wor> .ut she wante to an

she wante to o .a-> into hairressin (T$40)A

$' Ms 3rown tol Lisa arnum that* i she wante to leave* Mi-helle woul

>now the riht people rom her wor>A Ms 3rown sai (T$42$+#):

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6 sai i her -urrent situation was worse than the ear o theun>nown then that was the time that she woul >now was riht toleaveA

$0# Lisa arnum tol Lisa 3rown that she was also oin to pla-e -lothin in

storae in 3oni 1un-tion (T$+#A%/)A

$0$ Ms 3rown sai (at T$+#A$0):

She sai she love !the a--use& .ut she inEt love all parts ohim* an there were parts o him that she inEt li>e an she saishe >ept waitin or those parts to issipate so she -oul have theparts o him that she love an we tal>e a.out that or a whileA

$0" At 1.30 pm that day, after her session with Lisa Brown, Lisa Harnum took

a bag of personal possessions to Metro Storae in Bondi (T441.38; T571;

exhibit EE). She entered into a storage contract for one month. The

application form requested her to identify the persons who would have

access to the storage unit. She listed Michelle Richmond and Lisa Brown

(T442.35). Mr Stanley lifted the bag into the unit for her. She told him that

she would be returning with more clothes (T443.32).

$0% The a--use returne to the apartment at %A+ pm an let aain at 4A4/

pm to o to the ym (e;hi.it +")A Mr Stri->lan note that* sin-e the

a--use was out or most o the ay* it -oul s-ar-ely .e sueste that

Lisa arnum was una.le to leave at that time* ha she .een esperate to

o soA With no isrespe-t to Mr Stri->lan* 6 thin> that su.mission

overloo>s the emotional -omple;ity o the -hoi-es a-e .y Lisa arnumat that timeA e out the oor with whatever

she -oul -arry an .e physi-ally ree* .ut she woul have a-e a eal o

anst an uilt ha she ta>en that -ourseA That she i not spea>s

eHually o strenth o -hara-ter as o an a.sen-e o real earA Leavin

asie anythin else* it is -lear that she -are enouh a.out the a--use

that she woul have wante them to separate ami-a.ly* i possi.leA She

may also have .een unsure as to her e-ision to leaveA

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$04 5t +A+" pm* Lisa arnum sent a messae to Mi-helle Ri-hmon* as

ollows (item $# o e;hi.it K e;hi.it G):

i Mi-helleA 6 9ust wante to tou-h .ase with you as 6 >now youare really .usy toayA 6 spo>e to Lisa toay an have (si-) her aew .as to ive to youA 6 opene up to her a.out a ew thins as 6am sure the pillow -ases ull o -lothes was a .it oA e wasaway most o the ay so 6 pa->e another .i .a o thins antoo> it to a storae -entreA e is -omin home ater trainin an 6thin> he wants to tal>A 6 am very nervousA 6 am so sorry to .otheryou Mi-helleA 6 hope you are havin a oo ay honey ;

$0+ Ms Ri-hmon respone as ollows (e;hi.it G):

i lovely you -an -all me 6Em ree now Say little an 9ust listen>eep .reathin M;

$0/ 5ter that messae was sent* Lisa arnum -alle Mi-helle Ri-hmon

(T$%A4)A Ms Ri-hmonEs evien-e2in2-hie was that she re-eive that -all

shortly ater the messaes at +A+" pm (T$%A4)A 6t was put to her in

-ross2e;amination that the -all was a.out two hours later .ut she i not

a--ept that was so (T"$$A"#)A Durin that -all* Lisa arnum tol Mi-helle

Ri-hmon that the a--use was out an was -omin homeA Ms Ri-hmon

sai to han up the phone i he -ame homeA Lisa arnum tol

Ms Ri-hmon that she ha put -lothes in storaeA She soune stresse

(T$%A"")A

$0' Ms Ri-hmon aree in -ross2e;amination that* urin that -onversation*

Lisa arnum tol her that the a--use ha sai he was oin to leave

that they were oin to separate an that he wante her out o the

apartment (T"$$A"')A That a--ors with the a--useEs evien-e as to the

arument he an Lisa arnum ha that morninA

$00 Mi-helle Ri-hmon sai that* towars the en o the -all* the a--use

-ame home an she sai han up (T$%A"/)A The CCTK ootae shows

that the a--use returne to the apartment at /A$/ pm (e;hi.it +")A ,n

that .asis* 6 am satisie that the -onversation .etween Mi-helle Ri-hmon

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an Lisa arnum too> pla-e shortly ater +A+" pm as remem.ere .y

Mi-helle Ri-hmon* an not two hours later as put to her on .ehal o the

a--useA

$0 The a--use ave evien-e that* when he ot home* he a--esse the

monitorin proramme an rea the messae Lisa arnum ha sent to

Mi-helle Ri-hmonA e sai that* ater reain that te;t* he spo>e to Lisa

arnumA e sai (T'$0A$$):

6 onBt re-all wor or wor what was sai .ut 6 remem.er as>into spea> to Ce-iliaA We sat own* 6 sat own on the loune* shesat own on the other louneA 5n 6 sai to Ce-ilia* UWhat .asi you ive to Lisa 3rown toayPU 5n Ce-ilia sai* UWhat areyou tal>in a.outPU 6 sai* U6 was 9ust at the ym an 6 saw Lisa3rownA Di you ive her some .as toayPU 5n she sai* UNo 6inBt ive Lisa any .as* what are you tal>in a.outPU 5n 6 sai*UCe-ilia* 6 >now 6 spo>e to Lisa 3rown an 6 >now that you aveher some .asAU Ce-ilia was still not amittin to the a-t that sheave .as to Lisa 3rown an so 6 sai to her* 6 sai to Ce-ilia*UThereBs no point hiin it* 6 have .een monitorin your messaesan thatBs how 6 oun out a.out the .aUA

$# The a--use amitte in his evien-e that Lisa 3rown ha not in a-t tol

him a.out the .as (T'$0A%')A is statement to that ee-t to Lisa arnum

was a lieA 6t is important in that -onte;t or me to .ear in min the -autious

approa-h that shoul .e ta>en to the use o liesA 5s note .y

Mr Stri->lan* a person -an have many reasons or tellin a lie whi-h o

not inorm the Huestion o uilt one way or the otherA

$$ The a--use sai (at T'$0A"+):

Ce-ilia starte -ryin an she sai* U6t wasnBt my iea* it wasMi-helle who avise me to put .as in storaeA 6 inBt want too itA 6 was arai in -ase you oun outAU 6 sai to her* UWhywoul you put .as in storae* 6 onBt unerstanA 6 you want toleave* leaveAU She sai* U6 onBt want to leaveA Mi-helle aviseme to put .as in storae as she thouht it woul .e a oo ieain -ase 6 wante to leave in the utureAU

$" Lisa 3rown sai that she misse a -all rom Lisa arnum at a.out / pm

that eveninA Lisa arnum let a messae as>in Ms 3rown urently to

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e enie threatenin herA 6 o not a--ept his enialA 6 have no hesitation

in a--eptin the evien-e o Mi-helle Ri-hmon on that issueA

$ 5t aroun the same time* Lisa 3rown was listenin to the messae let

earlier .y Lisa arnum when she misse her -allA 5s she was listenin to

that messae* Mi-helle Ri-hmon -alle herA Ms 3rown thouht that was

aroun ' pm (T$+$A%%)A 5ter tal>in to Ms Ri-hmon* Ms 3rown i not

return Lisa arnumEs -all (T$+'A"#)A

"## The a--use ave evien-e o his -onversation with Lisa arnum ater he

ha -alle Mi-helle Ri-hmonA e ave the ollowin evien-e (T'$A4/):

5A 5ter 6 ot o the phone* 6 was 9ust really -onuse an hurta.out what ha 9ust happene* what 6 9ust oun out an 6 sai toCe-ilia* U6 onBt unerstan* 6 9ust onBt et what it is an why youwoul listen to someone who you have only >nown or li>e a wee>ACan you imaine i we were marrie an times were touhP oweasily persuae are youPU So 6 sai to Ce-ilia* UThis is not ointo wor> so 6 woul li>e you to leave* pleaseUA

=A Was your voi-e raise at any staeP

5A 5t this stae it was* yesA

=A What i she o or sayP5A She -ontinue to -ryA

=A What happene thenP5A She was -ryin an then she sai to me* U6 9ust want to etmarrie an have >isAU

"#$ 5t 'A+% that evenin* Ms Ri-hmon re-eive a te;t messae rom Lisa

arnumEs telephone as ollows (e;hi.it K* item $$#):

Leave me alone you have ruine my relationshipA Drop all my stuo at my -on-iere .y no later than tomorrow $# amA ,JP

"#" The Crown su.mitte that the a--use either sent that messae or mae

Lisa arnum sen itA 5s 6 will e;plain* 6 have little ou.t that is the -aseA

"#% Mrs arnum ave evien-e o a -onversation with Lisa arnum a.out

those eventsA That evien-e was amitte to prove the e;isten-e o the

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a-ts asserte .y Lisa arnum (T0"20%)A Mrs arnum sai the

-onversation was pretty mu-h within the same ay as the events Lisa

arnum was es-ri.inA 6t seems li>ely that it was part o a lenthy

-onversation Mrs arnum ha with her auhter the ollowin mornin

(.ase on Telstra re-ors* e;hi.it 4+)A

"#4 Mrs arnum sai that Lisa tol her that* when she ot home ater ivin a

.a to Lisa 3rown* the a--use -ame home that he >new she ha iven a

.a to Lisa 3rown an put another in storae an that he was very anry

with herA Mrs arnum sai (T0$A0):

he too> her to o an et the .a rom Lisa an too> her to et the.a rom the lo-> up an .rin it .a-> to the apartment an thenhe sai that that was very em.arrassin or him to ive the .a toLisa .e-ause Lisa was rom his ymA

"#+ Mrs arnum sai Lisa tol her that Simon ha mae her -all .oth Lisa

3rown an Mi-helle Ri-hmon an tell them that she hate them an i

not want to have anythin urther to o with them (T0$A"0)A Lisa tol her

(T0$A4") the a--usehad:

starte yellin at her an tellin her that she shoulnEt em.arrasshim* that she was to o as she was tol* that she shoul su.mitan he ha her on her >nees in ront o himA e ha her >neel inront o himA

"#/ Mrs arnum sai Lisa tol her that* ater that in-ient* she elt very arai

an very sa (T0"A%0)A

"#' Mr Stri->lan su.mitte that Mrs arnumEs a--ount o that -onversation

provie another e;ample o Lisa arnum .ein an unrelia.le historianA

e su.mitte that the evien-e -oul not .e relie upon as to the truth o

what Lisa arnum saiA e note the o.9e-tive evien-e that the a--use

an Lisa arnum i not in a-t o to -olle-t the .as toetherA The two

pillow-ases iven to Lisa 3rown were returne .y her to the -on-iere*

while the .a pla-e in storae at 3oni was still there when poli-e wentto sear-h the storae unitA

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"#0 6 thin> those in-onsisten-ies are most li>ely e;plaine .y a -om.ination o

Mrs arnum misremem.erin e;a-tly what was sai to her a.out the .as

an* possi.ly* her inavertently ain etail or ma>in an assumptionA

There was in a-t a eman to Lisa 3rown that she return the pillow -asesA

6 o not thin> the in-onsisten-ies relie upon .y Mr Stri->lan shoul

e;-ite any ou.t as to Lisa arnumEs a--ount o those eventsA

"# The a--use enie or-in Lisa arnum to >neel an as>in her to

su.mit to him (T/'A0)A 6 o not a--ept his enialA 6 am satisie that the

a--use woul have respone to what he learne that aternoon with

nothin short o raeA ?or all his viilan-e* his errant ian-e ha oun a

means o se-retly movin her .elonins out o the houseA She was

payin more attention to two women she ha 9ust met than to himA The

a--use a->nowlee that his voi-e was raise at this stae (T'"#A4)A

7ven so* his assertion that he -onine himsel to the polite o.servation*

This is not oin to wor> so 6 woul li>e you to leave* please is maniestly

implausi.le an 6 re9e-t itA 6 thin> it is hihly pro.a.le that he rea-te in the

manner es-ri.e .y Lisa arnum to her motherA

"$# The relationship evien-e thus paints a mi;e pi-tureA 6 a--ept that the

relationship saw times o -lose ae-tion an eep loveA The a--use an

Lisa arnum plainly too> -are o ea-h otherA They mae ea-h other

lauhA 5s note .y Mr Stri->lan* she ha es-ri.e it as the most

important relationship o her lie* an ha tol Lisa 3rown she was wantin

to put on weiht so that she -oul have a .a.y with the a--useA 6 a--ept

that her position at that point was not one o a prisoner in her own home

who was esperate to leave .ut was .ein restraine rom oin soA

"$$ 3ut the relationship was unou.tely also tumultuousA Mr Stri->lan

su.mitte that it was -hara-terise .y a pattern o over2rea-tive .ehaviour

on Lisa arnumEs part in whi-h she woul respon to trivial aruments .y

threatenin to leave an then re-antinA Nothin in the evien-e haspersuae me o any su-h tenen-y on her partA The -hara-terisation o

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suests that Lisa arnum was not plannin to leave 5ustralia

permanently as at that ate* or was at least wantin to >eep her options

open* .ut it provies -ompellin support or the CrownEs -ontention that

she was plannin to leave the a--useA

""$ Lisa 3rown sai that she re-eive a -all rom Lisa arnum at a.out " pm

that ayA 6 o not thin> the evien-e esta.lishe the .asis on whi-h she

was a.le to i; the -all o that timeA The -all was not mae rom the

lanline (e;hi.it 4+)A Ms 3rown sai (T$+02$/#)

She tol me that 6 ha tol Simon a.out the -lothes 6 tol her

that 6 hanEt 6 tol her that 6 inEt say anythin a.out the .aso -lothes to SimonA 6 as>e her why she woul thin> thatA Shetol me that Simon ha sai to her that 6 ha tol him a.out the.as o -lothin on Thursay aternoon* the previous ay* atGeore Street roun as thouh Lisa was outoors an she -oul hear some.oy

tal>in in the .a->rounA She sai that it was a male voi-e .ut she i not

re-onise the voi-e (T$/#)A She aree in -ross2e;amination that she ha

not mentione the male voi-e in the .a->roun to poli-e when ma>in

her statement (T$/0A$4)A Nonetheless* 6 o not ou.t that evien-eA 6t

seems li>ely that the a--use was present when Lisa arnum mae that

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-all* .ut 6 -annot .e -ertain o thatA The reeren-e to her .ein in a hotel

room is a mystery* espe-ially i the -all was inee mae within "#

minutes ater the -all to Mr Graner rom the lanlineA

""+ 5--orin to the a--useEs version o events* he ha owne up to Lisa

arnum the previous ay a.out monitorin her te;t messaesA That

evien-e is ii-ult to re-on-ile with the evien-e o the phone -all to Lisa

3rown* whi-h suests that Lisa arnum was still* the ollowin ay*

la.ourin uner the misapprehension that Ms 3rown ha ee-tively

o..e on herA

""/ 6 raise that issue .eore the -on-lusion o the a--useEs evien-e so as

to ive him an opportunity to aress itA 6n his urther evien-e he sai

that he ha not amitte to Lisa arnum that he ha lie as to havin

learne a.out the .as rom Lisa 3rownA The suestion was that*

althouh he ha tol her a.out monitorin her messaes* he ha also

maintaine the lie a.out havin spo>en to Lisa 3rown at the ymA

Mr Stri->lan emphasise that point in his su.missionsA 3ut i Lisa

arnum ha .een tol a.out the se-ret monitorin o her messaes* she

woul surely have realise that it was not Lisa 3rown who ha iven her

awayA er -onversation with Lisa 3rown ma>es no sense i she >new o

the se-ret monitorin .y that timeA

""' ?urther* the a--useEs a--ount o his -onversation with Lisa arnum the

previous ay is inherently impro.a.leA 5--orin to his version o the

-onversation* when he tol Lisa arnum that he ha .een monitorin her

messaes* ee-tively spyin on her private -ommuni-ations* she uttere

not a sinle wor o -omplaintA 5--orin to the a--use* she proesse

no surprise* inination* -uriosity or even relie at inally unerstanin

how he ha .een a.le to rea her min or so lonA She simply -rie*

.lame Mi-helle Ri-hmon or the iea o puttin .as in storae an tol

the a--use that all she wante was to et marrie an .ear his -hilrenA

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""0 6 o not a--ept the a--useEs evien-e that he tol Lisa arnum on "0

1uly "#$$ that he was monitorin her messaesA 6 am satisie that is a

is-overy she mae hersel the niht .eore her eathA

"" 5t "A$' pm on " 1uly "#$$ Ms Ri-hmon re-eive a te;t messae rom

Lisa arnumEs telephone as ollows (e;hi.it K* item $$$):

6 wish 6 never met you .e-ause you have ruine my lie I 6 have.een >i->e out o the house .y simonA 6 ha everythin withsimon .ut you .rain washe me Mi-helle I now 6 am out on thestreet with nothin 6 want the money 6 pai you or ruinin my lieas 6 am .ro>e I nee moneyA Qou shoul .e ashame o yourselAThan> you or this .i mess you -reate

"%# 5t aroun or soon ater the time o Lisa arnumEs istresse -all to Lisa

3rown an that vitrioli- messae to Mi-helle Ri-hmon* the a--use says

he an Lisa arnum were out shoppin toether* holin hans an

>issin (T'"%A%")A e sai they went to .uy some s>in -ream or his

.rotherA e sai that* while they were out shoppin* Lisa arnum tol him

that she rerette listenin to Mi-helle Ri-hmon an Lisa 3rown an

ta>in their avi-e an that she .lame their avi-e or the .rea>2up(T'""2'"%)A

"%$ The Crown -ontens that the a--use wrote the messae to Ms

Ri-hmon* or else mae Lisa arnum write itA The a--use enies oin

soA 5n issue 6 raise urin the trial was the a-t that the messae

-ontains an ampersan* whi-h is a ar more -ommon eature in messaes

sent .y the a--use than in those sent .y Lisa arnumA 5ter re-eivinurther evien-e (in-luin e;hi.it "%) an hearin rom the parties on that

issue* 6 a--ept that is an unsae .asis alone on whi-h to raw an

ineren-eA

"%" 5t some point that ay* Lisa arnum tol her mother that the a--use ha

ta>en her -ell phone away (T04)A 6t is ii-ult to .e -onient when that

was* .ut it is an aitional a-tor pointin to the possi.ility that the a--use

wrote the messaeA

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"%0 Mr Ro>o.aro sai that what he remem.ere a.out that niht was that the

a--use an Lisa arnum were a lovin -ouple (T$%A44)A e repeate

that phrase ive times urin his evien-e (T$4A$$ T$4A$+ T$+A%%

T$+A%+ T$/A%")A

"% 6n -ross2e;amination* he aree that he i not >now the a--use an

Lisa arnum ha is-usse separatin on many o--asions that Lisa

arnum was plannin to leave the a--use at that time that she ha

ta>en steps to hie some -lothes in a storae unit or that she ha iven

-lothes to her personal trainer to >eep or her (T$+A4#)A

"4# The Crown -ross2e;amine Mr Ro>o.aro as to his awareness o the

-ameras in the unitA Surprisinly* it was one o the most suspenseul

moments o the trialA e sai that he >new there was a hien -amera in

the wall .ut -oul not re-all when he .e-ame aware o that a-t or who tol

himA e >new there were -ameras insie the unit an sai that he thouht

he oun that out .eore Ms arnumEs eathA e thouht it was .oth the

a--use an Lisa arnum who tol himA The -ross2e;amination

-on-lue with the ollowin e;-hane (at T$'A"0)

=A Di Lisa arnum ever show you a note a.out -ameras insiethe apartmentP5A No* she >new a.out it* .e-ause she tol meA

=A Di she ever show you a note a.out -ameras insie theapartmentP

5A No* not to my re-olle-tion* noA

"4$ The reason his evien-e -reate suspense was that* when answerin

Huestions a.out his >nowlee o the -ameras* Mr Ro>o.aro pause at

reat lenthA e was visi.ly move urin those HuestionsA The answers

that -ame were at os with the measure o anst apparently elt .y the

witness .eore ivin themA 5 rustratin sense o in-ompleteness

remaine ater he let the witness .o;A owever* 6 have ultimately .een

persuae .y Mr Stri->lan that 6 -annot saely raw any -on-lusions rom

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"+4 The a--use sai that* ater wat-hin some porn* he aain trie to et into

the monitorin proram .ut the passwor was still not wor>inA e went to

the .eroom an as>e Lisa whether she ha -hane the passworA

She mum.le somethin an he >new she haA e sai (at T'"/A$$)

Ce-ilia* you >now you shoul have 9ust as>e me* we -oul have spo>en

a.out thisA Qou >now it is all to o with the se-retA 6 you 9ust tell me the

se-ret then that woulnEt even e;istA She sai 6Em not reay to tell you

the se-retA The a--use sai he then ot upset an tol her to pa-> her

.as an leave in the morninA e tol her that i she was honest with him

at the .einnin they woulnEt .e in that situation or he woulnEt have to o

somethin that he inEt want to o or inEt eel -omorta.le with (the

monitorin o her messaes)A

"++ 6 a--ept that there was almost -ertainly some -onversation .etween Lisa

arnum an the a--use that mornin ater +A$+ am (when he turne the

-ameras o)A owever* 6 very mu-h ou.t that the -onversation was as

re-ounte .y the a--useA

"+/ The a--use sai (T'"'A'):

Ce-ilia let the room an 6 went to .eA 6 was lyin in .e .ut 6 washavin a restless sleep an 6 wo>e upA 6 ell asleep an remem.erwa>in up 2 6 onBt >now what time it was that 6 went to .e* 4A%#*+* .ut 6 wo>e up a short time later* an 6 remem.er hearin loulauh* it soune li>e Ce-ilia was on the phone* an 6 remem.erher lauhinA 6 .elieve* 6 onBt >now who it was* .ut 6 thin> she

was on the phone with her mother* an 6 remem.er hearin alauh rom Ce-ilia an 6 wo>e upA

"+' 5s with other parts o the a--useEs evien-e* that evien-e soune

more li>e an e-ho o evien-e in the Crown -ase than a enuine a--ount

o any real eventA

"+0 Telstra re-ors o the outoin -alls on the a--useEs lanline show three

-onse-utive -alls in short su--ession usin the international a--ess -arearly that mornin (e;hi.it 4+* showin a -all o /4 se-ons at +A%0 am*

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on the ootae rom ea-h sour-e (e;hi.it CC)A 6 have .een -areul to

ma>e my own o.servations as to the timin o the events shown at the

.einnin o e;hi.it A owever* the re-on-iliation allows a -al-ulation o

the timin o events shown on other ootaeA

"0# Dete-tive Wee>es -al-ulate that the lapse o time .etween when the

a--use ra..e Lisa arnum .eore ta>in her .a-> into the unit an the

time when Lisa arnum roppe to the ootpath o Liverpool Street was /

se-ons (T+'#A"')A The time .etween when the a--use ra..e Lisa

arnum an the a--use irst let the unit was 0% se-ons (a urther $4

se-ons)A 5ter irst leavin the unit* the a--use spent %% se-ons oin

.a-> into the unit an leavin or the se-on time (with a shirt on)

(T+'#A%+)A e woul have ha time when he went .a-> into the unit to

-he-> whether the -ameras were on or o* .ut he was not as>e a.out

thatA

"0$ 5n interestin eature o the pinhole ootae is that it -learly shows Lisa

arnum heain in the ire-tion o the lit* not towars the oor o Mr an

Mrs GlanvilleEs unit* at the time the a--use ra.s her .y the a-e (see

e;hi.it 3 e;hi.it W as mar>e .y Dete-tive Wee>es at T++'A4+)A The

a--use aree that Lisa arnum was attemptin to o towars the lit at

that time (T'+#A%$)A 6t is a--orinly ii-ult to re-on-ile the seHuen-e o

o.9e-tively esta.lishe events with the evien-e o the a--use as to what

happene at the oorA There is no reason to ou.t that Lisa arnum i

.an on the oor o unit $+#4 an s-ream or helpA Mrs Glanville was a

ro.ust witness as to those eventsA

"0" 5 -areul review o the ootae has let me in -onsiera.le ou.t as to

whether the .anin on the GlanvillesE oor -oul have o--urre .eore

the event epi-te in the ootae o the a--use rea-hin out an

ra..in Lisa arnum as she ran or the litA 6 she .ane on the oor o

unit $+#4 .eore she was ra..e .y the a--use* it must have .een

e;tremely Hui-> 8 only one or two se-ons pass .etween the openin o

the oor an the point where he ra..e herA 6 she .ane on the oor

o unit $+#4 ater the event epi-te in the ootae* there was more o a

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(.ut see e;hi.it "'* whi-h suests that he shoul have .een a.le to see

what she was oin .eore he ot to the .al-ony)A e sai that he miht

have s-reame out her name an he ran straiht towars her with .oth

arms to try to et hol o her or a part o her 9ust to stop her rom what she

was oinA e sai that as she ot her let le over* han.a still in her

han* she 9umpe or release hersel own onto the awninA 5s she was

oin this he was -omin towars her to try an et to herA 5s she

release hersel onto the awnin her riht le instantly .u->le an she ell

to her riht (his let)A e sai she lane on the awnin* lyin a-ross the

awnin with her hea a-in westA 5t that stae* one o her les was o

the awninA

"0' The a--use sai (at T'%"A$/):

5A Ce-ilia loo>e at meA 6 instantly threw* pushe mysel up ontothe .al-ony rail an reste my -hest or my 2 not even my -hest*my lower 2 .elow my .elly .utton onto the .al-ony rail* an 6rea-he out as ar as 6 -oul to et a han or two hans oranythin to try an et hol o Ce-iliaBs les or any part o Ce-iliaA

"00 The a--useEs .arrister spe-ii-ally as>e him whether he saw Lisa

arnumEs a-e when she was on the awnin o the $+thloor (T'4"A)A e

sai that he iA e es-ri.e the moment .eore her all as ollows (at

T'%%A"):

6 was rea-hin* yesA 6Bm not too sure i 6 s-reame at this staeA 6>now 6 s-reame at least twi-eA Ce-ilia* ater 6 -oulnBt rea-h her*9ust 2 it was li>e she isappeare or let o* 6Bm not too sure* an as

soon as that happene* 6 s-reame her name out an instantlyshe hit the $4th awnin rom her waist an a.ove with massiveimpa-t an that a-te li>e a sprin.oar an sprun her out*orwar* an then Ce-ilia .ean to ree allA

"0 e sai that he s-reame her name out in espair an sho-> an pushe

himsel as ar as he -oul to >eep his eyes on her until she hit the rounA

"# The level o etail in the es-ription o the .oy hittin the $4thloor awnin

was at os with the li. a--ount iven to Dete-tive Re;* who re-orethe a--use as havin sai* within hours ater Lisa arnumEs eath:

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rom the War Memorial in ye to the entran-e to Museum Station

on the -orner o Liverpool an 7lia.eth Streets (see Goole map* e;hi.it

1)A e was some way alon that path when he saw the events es-ri.e

in his evien-eA e sai there was a .eautiul .lue s>y that ay an that it

was very -learA

"+ 5s Mr Rathmell was wal>in alon the path* he hear what he es-ri.e

as erane s-reamin rom a male voi-eA That evien-e was amitte

as proviin a term es-riptive only o the soun* not o the a--use

(T"40A$$)A 5s ar as Mr Rathmell -oul tell* there was only one voi-e (the

male voi-e)A Mr Rathmell was stanin in ront o The ye .uilin at

that timeA e loo>e up an saw the in-ient whi-h he later reporteA e

sai (at T"4A4):

To .e more spe-ii- an to put it in ierent terms* 6 saw a manwith no shirt -arryin what at the time as 6 have es-ri.e to .e.la-> luae or ule .a or a .la-> o.9e-t an that was thea-tion that my eyes were immeiately rawn to when 6 reisterethe s-reaminA

"/ 6t was not ispute that the man Mr Rathmell saw was the a--useA

Mr Rathmell sai that the .la-> o.9e-t was loner than it was tallA e

ini-ate an o.9e-t somethin .etween a metre an a metre an a hal

wie (T"4A%")A e sai that the o.9e-t was .ein hel horiontally in the

manEs arms an that the manEs arms were outstret-he with the o.9e-t

layin a-rossA

"' Mr Rathmell sai (at T"+#A$%):

6 saw the man unloa the o.9e-t o the .al-ony an in what 6es-ri.e as a lui motion almost* -ompletely immeiately turnan .oun-e straiht .a-> into the apartmentA

"0 Mr Rathmell was as>e to emonstrate that a-tion out o the witness .o;A

6n oin so (at T"+#A"")* he ientiie the notional horiontal ee o the

.al-ony an emonstrate the unloainA e sai:

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There was possi.ly a moment where the hans met the .al-onyrailin !emonstratin hans on the railin& an then pushin anoin straiht .a-> into the apartmentA

" 6t was a -areul an -ompellin a--ount* es-riptive o a eli.erate a-t o

unloain an o.9e-t over the railin o a .al-onyA

%## Mr RathmellEs emonstration in -ourt o the unloain a-tion was

-onsistent with a emonstration iven .y him a wee> ater Lisa arnumEs

eath when he i a wal>2throuh with poli-e in whi-h he emonstrate

the pre-ise position rom whi-h he ha mae his o.servationsA The wal>2

throuh was re-ore .y poli-e (e;hi.it J parts o the es-riptions iven

.y Mr Rathmell on that vieo were e;-lue rom evien-e: see T"+/ to

T"+0)A Durin the wal>2throuh* Mr Rathmell was as>e whether he saw

what turne out to .e a .oy in the hans o the man without a shirtA e

sai that was einitely his per-eptionA e sai it was someone holin

the .la-> o.9e-t an unloain itA

%#$ Mr Rathmell ave evien-e that* when the man unloae the o.9e-t* it

.ean to allA is view o the o.9e-t was o.stru-teA is attention was still

on the man when the man ran insieA 5t that stae* Mr Rathmell i not

>now that the o.9e-t was a .oyA

%#" Mr Rathmell es-ri.e the o.9e-t as .ein .la-> in -olourA That was one

o the points ta>en .y the a--use in respe-t o the relia.ility o the

evien-eA (T$"#+A$')A owever* the .lue was Huitea ar> .lue (see e;hi.it JJ) an her hair was .la->A

%#% There was a tree in the oreroun o the s-ene Mr Rathmell saw whi-h*

rom that anle* rea-he up to the iteenth loor o The yeA Mr Rathmell

sai that it ha no leaves at that time* sin-e it was the mile o winter

(T"+4A4%)A en .y Dete-tive Wee>es a wee> ater Lisa

arnumEs eath rom the point on the pathway where Mr Rathmell says hestoo -onirm the a.sen-e o leaves at that time (T+%0A+ e;hi.it T)A

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%"$ 5ter ealin with an o.9e-tion* the e;-hane -ontinue:

=A 6 will repeat the HuestionA Do you a--ept the wor UthrowU 2o you a--ept that UthrowinU somethin an UunloainU itare two ierent thinsP

5A QesA

%"" Mr Rathmell i not a--ept anythin put to him as to the pre-ise wors he

sai to Dete-tive Re;* ain .ut 6 have use the wor throw an

unloain to es-ri.e the same a-tion that 6 saw (T"'/A$/)A 6n a-t*

urin the wal>2throuh* Mr Rathmell use .oth o those terms in the

same senten-e (e;hi.it J)A

%"% Mr Rathmell i not see the o.9e-t hit any lee or awnin (T"4A$)A The

.ottom part o the all was -ompletely o.stru-te rom his view .y trai-A

e i not at any time see the o.9e-t in the verti-al or stanin position

(T"A4)A e i not at any time see the o.9e-t lyin on an awnin o the

$+thloor or lyin on an awnin outsie the .al-ony where the man was

stanin (T"A$#)A

%"4 Mr Rathmell was as>e whether he saw the man loo> li>e he was

raspin at somethin whilst he was loo>in own* as note .y Dete-tive

Re;A e respone (T"'/A4+):

into the apartment* that is* pushin o the .al-ony

railinA There was no loiterin on the .al-onyA e was notstationaryA

%"+ Mr Stri->lan su.mitte that* havin rear to his a--eptan-e o that

a--ount* it is most li>ely that the witness saw Lisa arnum when she was

lyin on the awnin o the $+thloor an the a--use was raspin own at

her with his arms outrea-he (in the manner emonstrate .y the a--use

urin his own evien-e)A Mr Stri->lan su.mitte that woul e;plain why

Mr Rathmell i not see Lisa arnum verti-al at any stae* as she musthave .een on the a--useEs a--ount (T$"#0)A

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%"/ That su.mission overloo>s the es-ription Mr Rathmell ave o the

raspin a-tionA 5s>e whether he a--epte that* even momentarily* he

saw a man loo>in li>e he was raspin whilst he was loo>in own*

Mr Rathmell sai (T"''A$):

6 a--ept that 6 saw a man unloa* perhaps rasp or a tiny momentin whi-h to push o rom the railin* an then in a very -ir-ularmotion o straiht .a-> into the apartmentA

%"' Whilst ivin that last answer* when sayin that he saw the man perhaps

rasp or a tiny moment* the witness was holin his hans ire-tly in

ront o him with his palms own an his hans slihtly roune* horiontal

to ea-h other an open* as i emonstratin the a-t o holin the railin o

the .al-onyA e later repeate that a-tion with a esture a>in to pushin

away rom a horiontal railin in ront o him (T"''A44)A The a-tion

emonstrate was not -onsistent with arms an hans stret-hin out to

rea-h the awninA

%"0 Mr Rathmell was as>e whether he a--epte the reasona.le possi.ility

that what he saw was a man stret-hin his arms out raspin towars the

o.9e-t without a-tually tou-hin the o.9e-tA e sai (T"0A$'):

6 onEt really eel -omorta.le spe-ulatinA 6 eel li>e 6 have -learlystate what 6 sawA

%" The Crown prose-utor measure the istan-e .etween Mr RathmellEs

hans when he repeate the emonstration o the sie o the o.9e-t

thrownA 6t was e;a-tly $ metreA

%%# Mr Stri->lan su.mitte that the imensions o the o.9e-t as es-ri.e .y

Mr Rathmell were sinii-antly smaller than Lisa arnumEs .oy

(T$"#+A$")A 5s with a num.er o issues in this trial* that is a point whi-h

-uts .oth waysA 6 she was lyin on the awnin o the $+thloor at that

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point* her .oy woul have appeare 9ust as lon i not loner than i she

was .ein hel limp in the arms o the a--useA

%%$ Mr Stri->lan ientiie a series o other reasons why 6 woul entertain

ou.t as to the relia.ility o Mr RathmellEs evien-eA 5 num.er o those

su.missions reHuire -onsieration o the evien-e o Dr Ri-har Jemp* an

e;pert in orensi- psy-holoy -alle as a witness or the a--useA

%%" Dr Jemp has e;pertise in .oth applie an theoreti-al aspe-ts o human

memory* espe-ially eye witness memory an memory or a-esA e has

e;tensive proessional stuy an e;perien-e in those iels* in-luin a


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.a-> up rom the allin o.9e-t* seein a man on the .al-ony an illin the

ap to rea-h a alse memory o havin seen the o.9e-t leave the manEs

hansA owever* there is nothin in Dete-tive Re;Es notes to support that

analysisA ,n the -ontrary* the notes re-or that Mr Rathmell tol Dete-tive

Re; he ha seen an a-tion he es-ri.e as throwinA The notes say he

hear s-reams* loo>e up towars the apartments* -oul not tell what it

was an thouht it was a 9un>ie throwin ru..ish out the winowA

%4% The se-on eyewitness to Lisa arnumEs all was Mr Quto Qoshio>aA

Mr Qoshio>a was a hih s-hool stuent oin the SC e;ams at the time

o the trialA 5s at %# 1uly "#$$* he was ae $+ yearsA e was waitin at

the .us stop on the northern sie o Liverpool StreetA e hear a noise

.ut* .y the time o the trial* -oul not remem.er anythin a.out the noise

e;-ept that it was lou an that it was -omin rom a.oveA e was

alreay loo>in at The ye .uilin at that timeA e loo>e up an saw a

.oy -omin own (T4/4)A

%44 5part rom the .oy* Mr Qoshio>a also saw an o.9e-t .ut i not >now

what it wasA e saw the .oy hit the rounA 5ter the .oy hit the roun

he hear another soun .ut -oul not remem.er what that soun wasA

%4+ 5ter the .oy hit the roun Mr Qoshio>a loo>e up an saw a man tiltin

orwarA Straiht ater that he saw the man with two hans upA e

emonstrate the manEs a-tion with what woul -ommonly .e es-ri.e

as a ist2pumpin a-tion* pun-hin into the air (T4//)A e re-alle that the

man was not wearin a topA 5ter the man leane over the .al-ony an

then i the ist pumpin a-tion* he went .a-> insie (T4//A4)A

Mr Qoshio>a sai the man was on the .al-ony or appro;imately two

se-ons* may.e a .it more* .eore he went insie (T4'$A"$)A

%4/ Mr Qoshio>a let straiht away .e-ause his .us arriveA owever* as the

.us went up ,;or Street* he saw an am.ulan-e an poli-e vehi-les

oin the other wayA e e-ie he shoul et o the .us an o .a-> tothe s-eneA e ave his -onta-t etails to poli-eA 5ppro;imately a wee>

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%+" 6 am not persuae that is an in-onsisten-y* let alone one that spea>s o

unrelia.ilityA Mr RathmellEs es-ription o a lui motion must .e

assesse in the -onte;t that his attention was mainly o-use on the man*

whereas Mr Qoshio>a ollowe the path o the .oy to the rounA

Mr RathmellEs view o the .oy was o.s-ure .eore it hit the rounA 6t

may well have lane .eore* on Mr RathmellEs a--ount* the a--use

pushe aainst the railin an turne to o .a-> into the apartmentA is

impression o immeia-y -oul well -omprehen a perio o + or /

se-onsA

%+% 5 similar -onsieration arises as to the ist2pumpin a-tion es-ri.e .y

Mr Qoshio>aA 6 have -onsiere whether su-h an a-tion is in-onsistent

with Mr RathmellEs a--ountA Mr Qoshio>aEs es-ription o the a-tion was

-onvin-inA 6t is not irre-on-ila.le with Mr RathmellEs evien-eA

Mr Qoshio>a viewe the in-ient rom a more a-ute anle than

Mr RathmellA To some eree* he was .etter pla-e to see horiontal

movement while Mr Rathmell was .etter pla-e to see verti-al movementA

Mr Qoshio>a may* rom his anle* have per-ieve a pumpin movement o

the a--useEs hans not per-eive .y Mr RathmellA Mr Rathmell may* in

turn* have .een .etter pla-e to see the raspin a-tion emonstrate

.y a pla-ement o hans as i on a railin an may have misse a

pumpin a-tion* epenin on the anle o the a-tionA The pumpin

a-tion es-ri.e .y Mr Qoshio>a may have .een part o the pushin o

rom the railin a-tion es-ri.e .y Mr RathmellA

%+4 Mr Qoshio>aEs a--ount o a ist2pumpin a-tion spea>s o triumph or aner

in the a--useA owever* 6 am wary o relyin on it as a esture o that

>inA Mr Qoshio>a may eHually have o.serve a esture o espair

-onsistent with the a--useEs version o eventsA My -on-lusion in respe-t

o Mr Qoshio>aEs evien-e is that* whilst 6 a--ept it as an honest an

-areul a--ount* it neither supports nor eroates rom either the Crown

-ase or the een-e -aseA

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%++ The thir person who saw Lisa arnumEs .oy all was Ms Cheryl aryA

Ms ary was stayin at the ye 6nn on 7lia.eth Street that ayA

The a-e o that hotel is perpeni-ular to that o the .uilin >nown as The

yeA Ms ary was loo>in in the ire-tion o The ye at a.out $# am

an saw a .oy allin rom that .uilin towars the rounA She sai

that the .oy was not movin at all* e;-ept ownA The arms an les

were not lailin at allA She hear no soun li>e s-reamin -omin rom

the .oyA She saw the .oy hit the rounA She also saw a white o.9e-t

that hit the roun separately rom the .oyA

%+/ The two -oun-il la.ourers Mr Rathmell saw were Mr Wayne Steel an

Mr erA They were -alle .y the Crown as witnesses at the

reHuest o the a--useA They were wor>in on a pavement near the

peestrian entran-e to the Museum railway station at the south2west

-orner o ye A Mr Steel sai that he hear a noise li>e a sHuaw>

an then straiht ater that hear a thump (T4"%A%+)A e sai that the

noise -ame rom up hihA Mr 3a>er also hear a noise -omin rom a.ove

himA e es-ri.e it as sort o a roan (T4"/A%")A e aree that it was

a eep uttural type noise (T4"'A%4)A

%+' Neither Mr Steel nor Mr 3a>er remem.ere any person tellin them he

ha seen the .oy all (T4"%24"+ T4"/24"0)

%+0 ,n the appli-ation o the Crown (T%A$+)* 6 went to inspe-t apartment $+#%

an the point in ye ientiie .y Mr Rathmell as the position rom

whi-h he saw the a--use on the .al-onyA Mr Stri->lan i not oppose

that appli-ation (T"4A"/)A

%+ The inspe-tion too> pla-e on the aternoon o "+ ,-to.er "#$%A ,utsie

the unit* 6 was shown the position where the pinhole -amera ha .een

lo-ateA 6 was also shown the oor o unit $+#4* where Mr an

Mrs Glanville liveA

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o luaeA Mr Stri->lan reerre to aspe-ts o the lanuae use .y

Mr Rathmell at various times suestin ou.t or un-ertainty as to what

he ha seenA ?inally* Mr Stri->lan note that 6 shoul .e wary o the

seu-tive impa-t o a -onient eyewitnessA e note that Dr JempEs

resear-h reveals that witnesses who have a-Huire alse memories -an .e

very -onient as to the relia.ility o what they re-allA 6t oes not o -ourse

ollow that all -onient witnesses are unrelia.le 8 that woul .e a alse

sylloismA

%'% 6 have iven -areul -onsieration to the matters raise .y Mr Stri->lan .y

reeren-e to the opinions o Dr JempA Those matters have not sha>en my

assessment o Mr Rathmell as a relia.le witnessA The a-t that he resile

rom his es-ription o one item or several items in his evien-e at the

trial is interestinA The one pie-e o post2event inormation he is >nown to

have re-eive is that the item or several items o luae he per-eive

allin were in a-t a sinle human .oyA is initial per-eption that he may

have seen more than one o.9e-t is perhaps not in-onsistent with the way

in whi-h a limp .oy may have tum.le over two awnins .eore allin to

the rounA 6 o not thin> it is a eature o his a--ount that unermines the

relia.ility o his evien-eA My assessment o Mr Rathmell is not .ase on

his eree o -onien-e .ut on a -areul analysis o the -ontent o his

es-ription o what he saw* parti-ularly his aithul es-ription o somethin

he later >new was wron (that he thouht it was a 9un>ie throwin ru..ish

out a winow)A ?ar rom revealin -ontamination .y post2event

inormation* in my assessment that a--ount reveale that he too> -are to

re-or his a-tual o.servation with a--ura-yA

%'4 Mr Stri->lan su.mitte that* on the strenth o the evien-e o the eye

witnesses* Lisa arnum must have .een renere un-ons-ious .eore

she ell o the awnin o the $+thloorA e relie on that as an inherently

implausi.le eature o the Crown -aseA

%'+ The es-riptions o two o the eyewitnesses (Mr Qoshio>a an Ms ary)-ertainly suest that Lisa arnum was un-ons-ious as she ell to the

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heiht o the all an ravityA Where the initial velo-ity has a horiontal

-omponent* the tra9e-tory o the all is para.oli- (e;hi.it 4"* pararaph 4$)A

6n orer to e;press his opinions as to the li>ely tra9e-tory o the .oy* it

was ne-essary or Dr Gi.son to postulate assumptions as to the initial

horiontal velo-ity o the .oyA ?or that purpose* he rew on the wor> o

Cross* who measure the horiontal velo-ity a-hieve .y a lare stron

male throwin a /$ > emale into a swimmin pool usin a variety o

te-hniHuesA The ma;imum throw spee a-hieve was 4A0+ metres per

se-on usin a spear throw te-hniHue with an ei-ient hol on the .oy

o the volunteer allowin the thrower to push the volunteer in su-h a way

as to avoi rotation o the .oy an ta>in several runnin steps .eore

the throwA

%00 Dr Gi.son -al-ulate that a tra9e-tory rom the top o the .alustrae to the

position at whi-h Lisa arnum lane (eiht metres rom the ront ee o

the .uilin) woul have reHuire an initial horiontal velo-ity o a.out "A/

metres per se-onA 5t that horiontal velo-ity* the .oy woul have

-leare .oth awnins (e;hi.it 4"* pararaph +$)A e sai the reHuire

horiontal velo-ity to miss the $+ thloor awnin was appro;imately $A/"

metres per se-on (e;hi.it 4"* pararaph +% T$#/4A$#)A

%0 Whilst a->nowlein that this was within the ma;imum throw velo-ity

a-hieve in the tests -onu-te .y Cross (o 4A0+ metres per se-on)*

Dr Gi.son thouht the ii-ulty o the throw in the present -ase*

parti-ularly havin rear to the nee to -lear the $A$+ metre hih

.alustrae* renere a -lear throw unli>ely (e;hi.it 4"* iure + an

pararaph +")A Without ou.tin the or-e o that opinion* 6 woul o.serve

that the emale volunteer in the tests -onu-te .y Cross was /$ >

(e;hi.it 4"* pararaph 44) whereas Lisa arnum was only +# > as at the

ate o her eathA

%# Cross -onu-te separate tests also reerre to .y Dr Gi.son as to the

velo-ity at whi-h su.9e-ts -an .e pusheA ?or those tests* he use smallemale su.9e-ts o 402+" >A owever* Cross note that the reu-e

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horiontal velo-ity a-hieve .y pushin (o a.out $A+ metres per se-on)

is ue to the a-t that the eet remain on the roun urin the pushA

There is no suestion that Lisa arnum was pushe with her eet

remainin on the rounA Dr Gi.sonEs relian-e on that ata or

-omparison with the unloain a-tion es-ri.e .y Mr Rathmell was* with

respe-t* spe-ulative to some ereeA 6n any event* 6 a--ept that it is

unli>ely that Lisa arnum was thrown -lear o .oth awnins .y the

unloain a-tion es-ri.e .y Mr RathmellA

%$ The se-on tra9e-tory postulate .y Dr Gi.son involve the .oy allin

rom the .alustrae an -omin into -onta-t with ea-h o the awnins on

the $+than $4thloorA e sai (e;hi.it 4"* pararaph +"):

?or the allin .oy to -onta-t .oth the irst an se-on awnins*reHuires a low horiontal velo-ity urin the all .etween the $+ than $4thloorsA Due to this horiontal velo-ity* Ms arnum mostli>ely roppe onto the $+thloor awnin* whi-h halte or sloweher all* an then sli o the ee o the $+ thloor awnin to allalmost verti-ally to hit the $4thloor awninA 6t is possi.le thatsliin o the ee o the awnin with low horiontal velo-ity -oulinu-e some rotation o the .oyA Su-h rotation is also -onsistent

with Ms arnum attemptin to han onto the $+ thloor awnin.eore slippin an allin oA

%" Dr Gi.son volunteere that this se-on tra9e-tory was not -onsistent with

the es-ription o the witness* Mr Rathmell* who i not re-all the o.9e-t

hittin either awnin (T"%A4%)A 6n sayin so* 6 thin> Dr Gi.son straye

outsie his provin-e as an e;pert witnessA 6 woul preer to rely on my

own assessment o the -onsisten-y o Mr RathmellEs es-ription with the

>inemati-s o the allA

%% Dr Gi.son ivie the se-on tra9e-tory into three se-tions* rom the

.alustrae to the irst awnin ($A+ metres) rom the irst awnin to the

se-on awnin (%A#% metres with a all time o A0 se-ons) an rom the

se-on awnin to the roun (4"A+ metres with a all time o "A+ se-ons)A

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%4 5s alreay note* he thouht that* in orer to -ollie with the se-on

awnin* the .oy ha to have a low horiontal velo-ity as it let the irstA

e sai (T$#/'A%'):

The low horiontal velo-ity o this se-tion o her all is li>ely ue toher havin slippe over the ee o the awnin o the $+ thloorA

%+ is opinion that the .oy pro.a.ly slippe is -onsistent with either a

-ons-ious or an un-ons-ious .oyA

%/ Dr Gi.son e;presse the opinion that the -ollision with the se-on awnin

ele-te the verti-al all* reu-in ownwar verti-al velo-ity an ivinthe .oy the reHuire horiontal velo-ity to lan where it i (e;hi.it 4"*

pararaph /$)A e state that the se-on all tra9e-tory entailin an initial

horiontal spee o less than $A/" metres per se-on was -onsistent with

the unloain s-enario sueste .y Mr Rathmell* aain ain the

uninvite o.servation that Mr Rathmell i not see Miss arnum -ollie

with the two awninsA Dr Gi.son state that the se-on all tra9e-tory was

also -onsistent with the s-enario es-ri.e .y the a--useA

%' 6t is -lear enouh rom photoraphs in evien-e that the awnin on the $4th

loor was slihtly isloe (evidence of Constable Nayel at T482; exhibit

O). The awning on the 15thfloor was dislodged to a lesser degree (exhibit

24; exhibit 30, photograph marked A by the accused at T877.39). There

was no evidence as to the degree of force that would be required to cause

such displacements.

%0 Mr Stri->lan su.mitte that* i 6 were to a--ept that Lisa arnum hit the

$+thloor awnin* it ollowe that Mr RathmellEs evien-e was

emonstra.ly unrelia.leA e note that* a--orin to Dr Gi.son* it is

unli>ely that the .oy merely lan-e or -lippe the $+thloor awnin as

oppose to roppin onto it an sliin o the ee* sin-e on that

s-enario* the initial horiontal velo-ity woul have tene to ta>e the .oy

2 + 2


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non2to;i- level o para-etamol* no al-ohol or rus were ete-te in her

.loo (T+"%A')A She ha a.rasions an .ruisin to her a-e -onsistent

with impa-t with a lat sura-e or .roa eeA Dr 3ailey aree that those

in9uries -oul .e rom stri>in the awnin urin her all (T+"4A e;hi.it

R)A

4"# The a--useEs apartment was -leane every Saturay or Sunay .y

Ms Tien DanA 5s at %# 1uly "#$$* she ha last -leane the apartment on

Sunay "% 1uly "#$$ (T%'+A"")A Ms Dan state that she uste alon

the hanrail with a wet -lothA ,n the lass part o the .al-ony* she sai

she -leane 9ust the top (T%''A$)A

4"$


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is in-onsistent with anythin sai .y Mr Rathmell an 6 o not thin> it

ne-essarily supports the evien-e o the a--useA

4"0 e possession o the awnin or ta>e any steps to have it

orensi-ally e;amine or inerprints or ust parti-les or mar>s mat-hin

Miss arnumEs shoes (T+0%* T+0/A$" photoraphs o the istin-tive soles

o the shoes may .e seen in e;hi.it $/)A

4" Mr Stri->lan su.mitte that a ei-ien-y in a poli-e investiation an a

resultin a.sen-e o evien-e to reute an a--useEs version o events -an

allow the tri.unal o a-t to in the e;isten-e o a reasona.le ou.t as to

the uilt o the a--useA e su.mitte that the ailure to e;amine the

awnin in this -ase ell into that -ateoryA

4%# Mr Stri->lan relie upon two authorities to support that su.mission:

Thwaites v The State of Western Australia!"##4& W5SC5 $' an

Mahmood v Western Australia("##0) "4$ 5LR /#/A Those e-isions

a->nowlee a prin-iple that a seriously ei-ient investiation or a

sinii-ant a.sen-e o evien-e may entitle an a--use to an a-HuittalA

The prin-iple is pro.a.ly .est unerstoo as an aspe-t o the over2ar-hin

reHuirement or a air trial an is enlivene where the poli-e investiation is

so ei-ient as to threaten that rihtA

4%$ 6 o not thin> the prin-iple is enlivene in the present -aseA 6n my view*

the -riti-ism impli-itly ire-te at poli-e urin the trial was unwarranteA

7ven i the version o events iven .y the a--use at the s-ene ouht to

have alerte them to the sinii-an-e the awnin woul assume in this

trial* whi-h may .e ou.te* the a-t is that on either -ase Miss arnum

pro.a.ly -ame in -onta-t with the awninA 6 o not thin> the a-t that it

was not e;amine shoul o itsel e;-ite a reasona.le ou.tA

4%" The first police to arrive at the scene were Detective Rex and Detective

Paul (T456.35). The accused was standing on the street when they

arrived. Detective Rex approa-he the a--use an they ha the ollowin-onversation (T4+'A"$):

2 $#4 2


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Re;: Mate* o you >now herP

5--use: She is my ian-e* is she aliveP in onherA Come insie so we -an tal>A ow ar has sheallenP

5--use: ?rom the $+thloorA

4%% They then went into the lo..y area o The ye apartment .uilin an

ha the urther ollowin -onversation:

5--use: 6s she aliveP Can you in outP What happensnowP Why woul she o thisP ,h my GoA

Re;: 6 will in out what 6 -an as soon as 6 -an* o>ayPWhat is happenin is we are ere-tin a -rime s-eneout the rontA Can you tell me your nameP

4%4 Dete-tive Re; too> the a--useEs etailsA e then learne rom Dete-tive

e a phone -all while

the a--use ha a -onversation with Sereant Wall* as ollows (T44'A$#):

Wall: My name is 3rett WallA 6 am a Sereant rom Surryills e the -on-iere or a lass o waterA The

-onversation -ontinue (T44'A"$):

Wall: We are .einnin an investiation on .ehal o theCoronerA We investiate all types o eaths* so thatwill involve ettin statements rom witnesses ano-umentin the lo-ale o any su-h in-ientA

2 $#+ 2


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4%/ Dete-tive Re; then returne an they went into the li.rary area o the

oyerA 5ter spea>in to poli-e outsie* Sereant Wall ha a urther

-onversation with the a--use in the li.raryA e sai the a--use was

sittin at the ta.le an -ontinually sayin* U3a.y* .a.y* .a.y* 6 -anBt

.elieve itAU Sereant Wall sai the a--use repeate that a num.er o

timesA The -onversation -ontinue (T44'A4+):

Wall: 6s there anythin we -an o or you* -onta-tanyoneP

5--use: 6Bm 9ust worrie a.out her amilyA er mum is ointo .e evastate an her .rotherA

4%' Sereant Wall sai the a--use >ept repeatin U3a.y* .a.y* .a.y* 6 -anBt

.elieve it an that at one stae he roppe his hea into his hans an

sai* ,h* my oonessA The a--use then sai (T440A%):

She 9ust wal>e out onto the .al-ony* she ot over the railA 6 sai*OWhat are you oinPE 6 trie to ra. her .ut 6 -oulnEt hol herAShe was on the phone to her mother last nihtA 6t is oin to .rea>her motherEs heartA She was lauhinA 6t is li>e she >new it was

the last -onversation they woul haveA 6t is li>e Go >newA

4%0 6t was put to the a--use in -ross2e;amination that he was tryin to

-onvey to the poli-e that Lisa arnum ha -ommitte sui-ieA That

-ertainly appears to have .een the impli-ationA The a--use enie it

(T'''A%#)A

4% avin tol poli-e that Lisa arnum was on the phone to her mother

lauhin the previous niht* the a--use was -ommitte to maintainin

that a--ount at the trialA 5s alreay note* he ave evien-e that he hear

Lisa arnum lauhin on the phone a short time ater + am that mornin

(T'"'A')A 6 o not a--ept that evien-eA Mrs arnum ismisse with

erision the suestion that Lisa lauhe or ile urin their last

-onversation (T%4$A$")A 6 thin> the a--use eli.erately inserte that

etail to -oin-ie with what he sai to Sereant Wall* -areully

2 $#/ 2


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a--ommoatin the a-tual time o Lisa arnumEs last -all to her mother as

reveale in the Telstra re-ors (e;hi.it 4+)A

44# Sereant Wall sai the a--use -ontinue sayin U3a.y* .a.y* .a.y* no

or 3a.y* .a.y* .a.y* 6 -anBt .elieve thisA The -onversation -ontinue

(T440A$/):

5--use: 6 hope the -ameras insie the unit wor>eA

Wall: 5re there -ameras insie the unitP ow manyP

5--use: Two* there is no hole in the oor* so there is a-amera at the oor to see who is thereA

Wall: Where is the other -ameraP

5--use: 6t is at the oor* .ut it a-es insieA

Wall: 5re they hoo>e up to a -omputerP

5--use: 6t has its own systemA

Wall: Does it re-orP

5--use: Sometimes it oes* sometimes it oesnEtA

44$ 5s alreay note* the a--use ave evien-e that he >new* when he let

the -omputer room at +A$+ am ater wat-hin porn* that the internal

-ameras were oA e sai that* when he spo>e to Sereant Wall* he was

hopin that he ha a--ientally not turne it o an it woul have shown

what ha ta>en pla-e (T0%0A"/)A 6 o not a--ept the a--useEs evien-e

on that issueA 5s he himsel a->nowlee* he >new at +A$+ am that the

-ameras were oA e must have >nown that when he volunteere

inormation a.out the -ameras to poli-e later that ayA The Crown i not

rely on that evien-e (or inee any allee lies) to prove a -ons-iousness

o uilt on the part o the a--useA 5s alreay note* it is important or me

to .ear in min the -autious approa-h that shoul .e ta>en to the use o

2 $#' 2


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hol her rom allinA 6 was 9ust ra..in at her* 6onEt >now* 6 miht have ha a han.a or 9a->etan then she was oneA

44% it-henA No

movement -an .e seen in that -lipA No analysis was one o the settins

on the a--useEs -omputer or the -ameras insie the unit or the pinhole-amera (T+'+A%+)A 5s alreay note* the a--use e;plains that ootae .y

reeren-e to the a-t that he turne the -ameras on while he was wat-hin

porn* in -ase Lisa arnum wal>e in on him urin that timeA

444 ?or at least the last ive ays o Lisa arnumEs lie* the pinhole -amera

was on -ontinuously (T+''A)A Durin that time* there were only two -lips

ta>en rom the interior -amera pointe towars the >it-hen* .ein a -lip oa.out our se-ons on "% 1uly an the -lip o a.out %# minutes

-ommen-in at 4A4+ am on %# 1uly (T+''A"$)A Durin the same perio*

there was no ootae rom the other -amera insie the apartmentA There

were ive -lips lo-ate rom elete material on the -omputer .ut none o

those relate to %# 1uly (T+'0)A

44+ The a--use was ta>en to Surry ills poli-e station where he was spo>en

to .y the oi-er in -hare o the investiation* Dete-tive Sereant Davi

Wee>esA Dete-tive Wee>es ha the ollowin -onversation with the

a--use (T%+%A%$):

Wee>es: 6Bm Dete-tive Wee>es rom Surry ills ete-tivesAThis is Consta.le Re;A 5re you Simon GittanyP

5--use: QesA

2 $# 2


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Wee>es: 6 am very sorry a.out the eath o Lisa arnum*however* at this point you are uner arrest as asuspe-t rearin her eathA Qou o not have tosay or o anythin* o you unerstan thatP

5--use: QesA

Wee>es: 5nythin you say or o will .e re-ore an may .euse in evien-e* o you unerstan thatP

5--use: 6s this so you -an >eep me here* stop me romleavinP

Wee>es: Qour arrest is ue to -ertain inormation 6 havere-eiveA Qou will .e ormally entere in -ustoy

an 6 will spea> to you aain laterA

44/ The a--use tol poli-e how to operate the -omputer system .ut i not

tell them a.out the har rive (T4'4A" an a--useEs evien-e)A 3y the

time they learne o its e;isten-e an went .a-> with a se-on sear-h

warrant* it was no loner there (T4'+A4$)A

44' The har rive was .rouht to Court .y Mr Crai M-Coy* an 6T -onsultant

who rew up in the same area as the GittanysA e ha .een as>e .y

5nthony Gittany to e;amine itA Mr M-Coy oun nothin o relevan-e to

the issues 6 have to etermine (T+42+' e;hi.it %')A e oun no

elete ilesA The Crown -ross2e;amine him as to whether the har rive

ha the appearan-e o havin .een -ompletely an utterly wipe at some

staeA e i not thin> it i (T/#A+)A The har rive .e-ame an e;hi.it

(e;hi.it %0) an was uplite or e;amination .y the Crown* with no

ierent resultA

440 Fltimately* neither party pla-e any relian-e on the -ontent o the har

riveA The evien-e o Mr M-Coy was relie upon prin-ipally or what it

alleely showe as to the a--useEs state o minA Mr Stri->lan

su.mitte that the a--use woul not have as>e his .rother to -olle-t the

har rive i he ha the slihtest -on-ern as to what it miht showA TheCrown put* in ee-t* that the a--useEs a.sen-e o -on-ern on that issue

2 $$# 2


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merely -onirme how -onient he was* when he spo>e to poli-e shortly

ater Lisa arnumEs eath* that he ha swit-he o the internal -ameras at

+A$+ that morninA 7a-h -ontention has some or-eA 6 have not ultimately

pla-e any relian-e on the evien-e as to the har riveA

44 Dete-tive Wee>es e;e-ute a sear-h warrant at apartment $+#%A e too>

a series o photoraphs (e;hi.it Q)A e oun a lare num.er o suit-ases

an .o;es pa->e with womenEs -lothin* shoes an personal itemsA Lisa

arnumEs passport was lo-ate in a travel .a insie the unitA

4+# 5lthouh the a--use was ta>en to Surry ills


112/124

4+" Miss Gittany sai that the a--use tol her he thouht the -ameras were

on that eveninA When as>e to -lariy the time at whi-h the -ameras

were on* she ave a -urious answer (T$##"A%4):

=A 22he tol you that he thouht that at the time o Lisa arnumBseath the -ameras ha .een onP

5A Qes* that is what he tol the poli-eman* so he tol us that* yesA

4+% ,n $ 5uust "#$$* the a--use sent a te;t messae to Mrs arnum as

ollows (e;hi.it GG):

Dear 1oan 6 am heartily sorry or this trai- a--ient 3ut 6 -oulo nothin to save herA 6 wante to -all you strait away .ut thepoli-e spe-ii-ally tol me uner no -ir-umstan-e am 6 allowe to-all you* answer your -alls or reply to your messaes as theywante to inorm you insteaA 6 as>e that they tol 1ason irst sohe -oul -ome .e with you when they tol you so you were not onyour ownA We love ea-h2other immensely I as you >now wereoin to et marrie ne;t yearA 6 am so so so sorry or thisunortunate a--ientA 6 >now you hate me riht now I 6unerstanA My mum an my a have lost a auhter an my 4

sisters an .rother have lost a sister an we are all evastateA 6there is anythin 6 or my amily -an o please -onta-t me or aamily rienA We want to assist in anyway in relation to her uneralor anythin else we -an help withA My lie has also ene as shewas my lieA

4+4 The a--use was -hare with the murer o Lisa arnum on % 5uust

"#$$A ,n that o--asion* he e-line to .e interviewe .y poli-eA

4++ 5s su.mitte .y Mr Stri->lan* a -riti-al issue is Lisa arnumEs state omin on the mornin o %# 1uly "#$$A Mr Stri->lan relie on a wealth o

material as inormin that issueA 6nee* a lare amount o the evien-e

le on .ehal o the a--use was ire-te to esta.lishin aspe-ts o Lisa

arnumEs various mental an emotional statesA

4+/ The a--use -alle evien-e on those issues rom an e;pert witness*


113/124


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same history (pae ++ o e;hi.it +#)A The last is a reeren-e to Lisa

arnum e;perien-in ear urin a roup therapy session that another

patientEs -onu-t woul trier sel2harm (pae 4' o e;hi.it +#)A

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R v Gittany Main Judgment

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