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Attwater, Maris found guilty over Lynette Daley death

Adrian Attwater and Paul Maris enter Coffs Harbour Police Station for the last time before being found guilty in the death of Lynette Daley at the Supreme Court trial on Wednesday, 6th November, 2017.
Adrian Attwater and Paul Maris enter Coffs Harbour Police Station for the last time before being found guilty in the death of Lynette Daley at the Supreme Court trial on Wednesday, 6th November, 2017. Frank Redward

WARNING: GRAPHIC CONTENT

ADRIAN Richard Attwater and Paul Eric Maris were found guilty of crimes relating to the manslaughter of Lynette Daley.

After less than an hour, the jury of 11 found Attwater guilty of manslaughter and aggravated sexual assault. Maris was found guilty of aggravated sexual assault and hindering the discovery of evidence.

Ms Daley bled to death aged 33 after having rough sex when camping with Attwater and Maris on Ten Mile Beach, north of Iluka, in January 2011.

In Justice Elizabeth Fullerton's summary at the Supreme Court in Coffs Harbour on Wednesday, she said Attwater acted in a "willed" and "conscious" way when performing a sex act on Ms Daley.

Justice Fullerton said Crown prosecutor Phillip Strickland SC, submitted to the court the sexual act involved a fist, intensity and repetition "causing the lacerating injuries to her vagina to which she died".

Justice Fullerton said Attwater's defence barrister, Nathan Steel, argued no fist or thumb was involved and Attwater may not have known the extent of the injury caused.

She said Mr Steel also submitted Ms Daley may have bled to death after a blood clot dislodged when swimming.  

But Justice Fullerton said the Crown argued a bloody thumb print on the troop carrier the trio were in was a good indication of how much hand was in Ms Daley's vagina.

  She said there was no disputing a lack of medical attention at the time accelerated the mother-of-seven's death.

The jury was also left to consider whether Maris intended to burn bloodied items.

The court heard the Crown alleged Maris burned items bloodied with Ms Daley's blood "intending to hinder the discovery of evidence".

Justice Fullerton said the Crown submitted Maris's actions reflected intent after pulling up near the shoreline, bleeding diesel from the troop carrier and burning bloodstained items.

She said Maris's defence lawyer, Alex Radojev, argued he would not have burned anything if he thought something was wrong and the low light of the early morning would have limited Mr Maris from seeing the bloodstains.

Justice Fullerton said Mr Radojev submitted to the court Maris burned items including the mattress, clothing of Ms Daley's and other rubbish because they were "strongly odorous".

Reports from the courtroom state that members of Daley's family cried "Yes" as the verdict was delivered.

Both Attwater and Maris were bail refused.

The sentence hearing has been listed for November 3.

This 2010 photo released by the Daley family shows Lynette Daley cuddling her dog, Bunyip, in Australia. The brutal death of Daley, an Aboriginal woman, and the reluctance of officials to prosecute the white suspects, has highlighted a deadly racial divide in Australia, where Indigenous people remain the most disadvantaged segment of society. (Daley familya via AP Photo)
This 2010 photo released by the Daley family shows Lynette Daley cuddling her dog, Bunyip, in Australia. The brutal death of Daley, an Aboriginal woman, and the reluctance of officials to prosecute the white suspects, has highlighted a deadly racial divide in Australia, where Indigenous people remain the most disadvantaged segment of society. (Daley familya via AP Photo) Rob Griffith

Topics:  editors picks lynette daley manslaughter supreme court


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