Witnesses cross-examined as Allison Bernard murder accused Thomas Byrnes faces committal

A witness says the man accused of murdering a young Qld mother told him that if he had something to do with her death “they would never find her”, a court has heard.

Thomas Byrnes arrived in Cairns on Wednesday evening January 31 after his arrest following the Alleged murder of Allison Bernard in 2013. Image: Supplied

A witness says the man accused of murdering a young Kowanyama mother told him that if he had something to do with her death “they would never find her”, a court has heard.

Coen man and former Archer River Quarry caretaker Thomas Maxwell Byrnes, 63, appeared in Cairns Magistrates Court for committal with his defence team able to cross-examine prosecution witnesses.

Mr Byrnes has been charged with the murder of young Kowanyama woman Allison Bernard, 23, in February, 2013.

Mr Byrnes maintains his innocence and is yet to enter a formal plea.

Ms Bernard, 23, was last seen by Mr Byrnes at the Archer River Quarry about 11pm on Sunday, February 10, 2013.

Allison Bernard missing from Coen in Far North Queensland.

Mr Byrnes, with long hair below his shoulders and beard, sat calmly in the dock as four witnesses who provided statements to police were cross-examined by defence counsel James Sheridan.

Bradley Bock told the court he had a conversation with Mr Byrnes at the Coen Exchange Hotel one evening in 2017.

Mr Bock confirmed he had met Mr Byrnes around 4-6 weeks earlier when the pair were involved in building a steel shed at a station.

62 year old Cohen man Thomas Byrne arrives at the Cairns Watch house flanked by 2 Queensland Police detectives, after he was arrested and charged with the murder of Allison Bernard, who disappeared in Cohen in 2013. Picture: Brendan Radke

He confirmed he told police that Mr Byrnes had said “that black stinking c**t pissed in my car” when the conversation turned to Ms Bernard.

Mr Bock told the court he had known there was “some consensus” or “rumour” that Mr Byrnes had “something to do with the missing girl”.

Mr Bock was asked about his statement in which he said Mr Byrnes had said that “If did do it they would never find her”.

He said he couldn’t be precise about the exact wording but added he said something to the effect of “I know my way around here”.

Mr Bock accepted he did not remember exactly what he had told police.

Janine Mackay told the court she moved to Coen in July of 2014 working at an aged care facility.

She said she had been advised to avoid Mr Byrnes and had not met him previously before the interaction.

Ms Mackay provided a statement to police the day after the pair had the argument in December, 2014.

She said she heard Mr Byrnes had been spreading rumours about her being involved in “sexual activity”.

“I didn’t like what he was saying,” she said.

She said she confronted Mr Byrnes in the pub and again several hours later when she heard him out the front of her accommodation.

She said Mr Byrnes was angry and “appeared drunk” and told her “I put things like you in the ground”.

Archer River Roadhouse co-owner Elsie Allan recounted a phone call she made to Mr Byrnes on February 13, 2013 after receiving a call from police asking about the whereabouts of Mr Byrnes and Ms Bernard.

She told the court she called Mr Byrnes later that afternoon to let him know the police were looking for him.

Thomas Byrnes leaves the Cairns courthouse precinct after day three of an inquest into the disappearance of Kowanyama mother Allison Neridine Bernard. Mr Byrnes was the last person to see Ms Bernard alive when she disappeared from the Archer River Quarry in February 2013.

Mr Byrnes told Mrs Allan that Ms Bernard had wet herself in the car and that he had put her clothes in the washing machine and that she “had run off on him” with only a towel.

Mrs Allan confirmed she had told Mr Byrnes she had heard another car on the road.

Mrs Allan confirmed her statement saying she had another conversation with Mr Byrnes in which he said he “was a bit worried because if they can’t find her I will have to go to jail”.

“I’m worried the black fellas will think I’ve done her in, I am going to have to leave The Cape.

“I guess I have to be celibate and never have sex again.”

She said he was not quiet, angry or sad, “he was just having a conversation”.

Ms Allan’s husband, Bradley, told the court he had received two phone calls from Mr Byrnes — the first to advise his ute had been taken and a second telling him not to worry as the car had been found “hung up on rock”.

The committal hearing will continue tomorrow with more witnesses to be called for cross-examination.

Originally published as Witnesses cross-examined as Allison Bernard murder accused Thomas Byrnes faces committal