Man who lied to police during probe into boyfriend’s death granted immunity
A MAN acquitted of the murder of his young lover will be forced to give evidence at an inquest.
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A MAN acquitted of the murder of his young lover will be forced to give evidence at an inquest.
Michael Atkins was the last known person to see his lover Matt Leveson, 20, alive and lied to police about being at home when he was caught on CCTV buying a mattock and duct tape from Bunnings, an inquest into Mr Leveson’s death has been told.
Mr Atkins, now 53, was charged with Mr Leveson’s murder but acquitted by a jury in 2009 after a trial during which he did not give evidence.
Mr Leveson was living with Mr Atkins in Cronulla. His body has never been found.
In an extraordinary ruling yesterday, NSW Deputy State Coroner Elaine Truscott granted Mr Atkins immunity from criminal prosecution, based on the information he gives at the inquest.
Ms Truscott said it could be the only way that Mr Leveson’s parents, Mark and Faye, will find out what happened to their son, who was last seen leaving Darlinghurst’s ARQ nightclub with Mr Atkins in the early hours of September 23, 2007, after an argument.
The coroner said there was no other person of interest in the police investigation into Mr Leveson’s disappearance.
“Mr Atkins is likely to be able to give important evidence about the manner and cause of Matthew’s death,’ Ms Truscott said.
The decision means while he will have to give evidence, it cannot be used against him.
This is the first inquest to be held in the state after a murder acquittal.
CCTV footage played at the inquest showed Mr Atkins in Taren Point Bunnings around midday on September 23 buying a mattock and gaffer tape.
A receipt for the purchase with Mr Atkins’ fingerprint on it was later found in Mr Leveson’s car abandoned in a Sutherland car park on September 27, the inquest was told.
The coroner said in a written judgment yesterday that Mr Atkins, who now lives in Brisbane, had denied having gone to Bunnings.
Ms Truscott said Mr Leveson’s family had said it was more important to them to bring their son’s body home than for Mr Atkins to face a second trial.
“I will not be able to meet my statutory duty to record findings in respect of manner and cause of death without hearing evidence from Mr Atkins,” Ms Truscott said.
Mr Atkins’ barrister Claire Wasley said they intended to appeal to the Supreme Court.