Coroner unable to close Alva Beach stabbing inquest
Deputy State Coroner Jane Bentley adjourned the inquest into the deaths of Thomas Davy and Corey Christensen, saying she regretted not being able to wrap it up.
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UPDATE 5PM:
The coroner has closed the inquest into the Alva Beach double stabbing for this week, signing off with a heartfelt message to the families of the victims.
Deputy State Coroner Jane Bentley adjourned the inquest into the deaths of Thomas Davy and Corey Christensen for a date to be advised, saying she regretted not being able to wrap it up this week for the sake of the families.
The inquest will reopen when Dean Webber provides his written evidence to the court, after Ms Bentley ruled that he be stood down from giving evidence in person due to his PTSD.
This date is pencilled in for next week, but things may change if a review is submitted by counsel for the victims’ families, which was mentioned in court.
“I can’t imagine your grief and loss … it’s clear from the evidence we’ve all heard this week that Tom and Corey were good people, good men,” she said.
“They were men who had every expectation of leading happy and full lives.
“That is until tragically they became a part of a sudden and tragic turn of events.
“I can’t imagine how harrowing it’s been for you all to sit through the evidence.”
Ms Bentley said she would make every effort to have the inquest completed soon, and ensure the families had some way of watching or sitting in on proceedings.
The inquest has been adjourned until further notice.
UPDATE 11.30AM :
The coroner has refused an application to disqualify herself from the Alva Beach proceedings, saying she was not satisfied the matters of complaint had any merit.
“(I am) not satisfied that any of the matters raised in the application result in an apprehend of bias … and I refuse the application to disqualify myself,” Deputy State Coroner Jane Bentley said.
After hearing this news, the legal team for the Christensen family withdrew from the bar table, and left the courtroom.
James Godbolt made the initial application to have the coroner disqualify herself.
The Christensen family briefly spoke with their instructing solicitor, under directions from Ms Bentley, but they maintained their position to withdraw despite some more witnesses set to take the stand.
The family, and their legal team, left the room together.
UPDATE 10.45AM:
A lawyer for the family of an Alva Beach stabbing victim has claimed the coroner has “prejudged” aspects of the inquest, asking she excuse herself from the rest of the proceedings.
Legal counsel for the Christensen family, James Godbolt, applied to have Deputy State Coroner Jane Bentley disqualify herself from the rest of the proceedings, claiming “apprehended bias” and saying she had “prejudged” the circumstances around the death of the men.
Mr Godbolt also said that the inquest had been focused around Louis Bengoa, and what happened on a buggy ride, instead of the moments surrounding the deaths of Thomas Davy and Corey Christensen.
“The manner which this has been conducted leaves the Christensen family with an apprehension…” he said.
“Dean Webber is the one truly critical witness who can shed light on what happened … and the manner in which he inflicted the fatal wounds.
“(There is) nothing at all to support Dean’s story … that he is not telling the truth that three men entered the house.
“Focus of the hearing has been misdirected that they apprehended that the critical matters, and critical points … have been prejudged.”
Mr Godbolt’s application came after Ms Bentley stood down Mr Webber from giving oral evidence.
Ms Bentley instead ordered that Mr Webber give written evidence after his doctor stated his PTSD was too severe to appear at court or give evidence verbally.
Despite this, Mr Webber spoke via telephone at 9am, stating his oath and then claiming privilege on the grounds evidence could “incriminate him”.
His voice was calm during the short phone call, with legal counsel for the Davy family saying he had never heard of a key witness being excused from giving verbal evidence due to their PTSD.
“I submit there is no evidence before you that suggests Mr Webber anything but a competent witness,” he said.
No decision has been made yet on what will happen.
UPDATE:
The young man who killed two people when they entered his home at Alva Beach will speak briefly at the inquest via phone.
Yesterday, a coroner ruled Dean Webber be excused from giving verbal evidence because of his mental state.
A handful of witnesses are left to give evidence as the inquest into the stabbing deaths of Corey Christensen, 37, and Thomas Davy, 27, enters its final day.
Mr Webber stabbed the men after they came into his home looking for an injured woman, Candice Locke, who he was hiding inside.
This morning a forensic pathologist and a high-ranking Queensland Ambulance Service officer are due to give evidence.
FINAL DAY, FRIDAY OCTOBER 16:
An inquest into the stabbing deaths of Thomas Davy and Corey Christensen has taken a surprising turn, with the coroner ruling the key witness be excused from giving evidence in person.
The Alva Beach inquest has heard Dean Webber stabbed Mr Davy and Mr Christensen after they came into his Topton St home looking for an injured woman, Candice Locke, who was hiding inside, on October 1, 2018.
The men were fatally stabbed while inside the home, with Mr Webber claiming he was fearing for his life and was just trying to protect himself.
Deputy State Coroner Jane Bentley ruled yesterday that Mr Webber would not be forced to attend the inquest in person, avoiding having to face the families of Mr Davy and Mr Christensen.
Ms Bentley had excused Mr Webber from having to give any evidence in person or over the phone, but backflipped on the decision late yesterday afternoon.
Mr Webber will now phone in to the inquest this morning, where it is likely his barrister, Harvey Walters, will claim privilege on behalf of his client.
Ms Bentley initially told the inquest Mr Webber would be excused from being cross-examined in the stand because his PTSD would be triggered from reliving the events of that night.
Mr Walters applied for his client to be excused from giving evidence on Monday. The court heard yesterday that he would be “re-traumatised” and need 12 months of therapy to try to fix the damage.
Mr Webber’s doctor, Michael Likely, who mainly treats veterans with severe PTSD, said forcing Mr Webber to give evidence would induce “re-traumatisation” and would be “extremely difficult to treat”.
“The entire courtroom would be extremely overwhelming for Mr Webber … extremely detrimental for his health if he’s asked to recount the events of the night once again,” Dr Likely said.
Mr Walters also said Mr Webber tried to go back to the Alva Beach home to stay overnight, but when it got dark it triggered bad memories and couldn’t stay.
Justin Greggery QC, representing Louis Bengoa, who was also at the property, raised the point that Mr Webber had been seen at the home most weekends, as stated in Jaye Christensen’s evidence on Monday.
Mr Greggery also said that Mr Webber held a party at the home on Australia Day, and suggested that Dr Likely “assumed” as being the truth some of what Mr Webber told him about his mental health struggles. Several lawyers argued against the application, saying it would be against the interests of justice if Mr Webber was not present in court to give evidence.
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Ms Bentley originally decided that the legal teams could draft some written questions they wanted to ask Mr Webber, and he could reply to them in written form, under advice that this would lessen the impact on his mental health.
The decision led to counsel for the Davy and Christensen families immediately seeking an adjournment of proceedings and ushering their clients out of the court to speak.
Chris Minnery and James Godbolt came back in prepared, and told the coroner they intended to review her decision in a higher court.
A short time later, Ms Bentley backflipped after Mr Walters brought to her attention that Mr Webber’s written evidence could be used against him in the future if he did not claim privilege verbally, as stated in the Coroner’s Act.
Under the Coroner’s Act, a person may refuse to give oral evidence if that evidence would tend to incriminate them.
Ms Bentley then dismissed the entire application to have Mr Webber excused, and ordered him to give evidence by phone this morning.
The families of the victims were visibly distressed and disappointed about the rulings, with some travelling from interstate to hear what the man who stabbed their loved ones had to say.
Mr Webber will appear via phone at 9am.
Originally published as Coroner unable to close Alva Beach stabbing inquest