NSW’s toughest murder prosecutions without a body

Lynette Dawson’s body has never been found, which complicated the murder trial of her husband Chris Dawson. But Dawson is not the only murderer to have been convicted without their victim’s remains.

Although murder prosecutions where there are no bodies are still pretty rare, Chris Dawson is far from the only killer to have been convicted on strong circumstantial evidence.

Among them is former Australian water polo player Keli Lane, who was convicted and sentenced to 18 years jail for murdering her two day-old baby Tegan.

Paul Wilkinson got a minimum 24 years in 2004 for murdering his mistress Kylie Labouchardiere after she came to Sydney to be with him.

He boasted her body would never be found in texts to his wife.

Bradley John Murdoch was jailed for life in 2005 for murdering British tourist Peter Falconio and trying to kidnap his girlfriend in the NT outback.

It comes as the former top prosecutor who twice decided not to charge Chris Dawson with his wife’s murder has spoken out after Tuesday’s sensational guilty verdict.

“Justice has taken its course,” Nicholas Cowdery QC told The Daily Telegraph.

He was the state’s Director of Public Prosecutions when two separate coroners halted inquests into Lynette Dawson’s disappearance in 2001 and 2003 and referred the case to him because they believed charges should be laid against her husband Chris.

Both times, Mr Cowdery declined to prosecute believing there was not enough evidence.

Chris Dawson on his wedding day with Lynette who he has been convicted of murdering so he could be with his schoolgirl lover.

While his decisions were slammed by Ms Dawson’s relatives and left homicide police frustrated, legal sources said on Wednesday that if the former schoolteacher and sports star had been charged at the time and acquitted by a jury because of lack of evidence, it was unlikely he would be charged again and he would remain free.

Dawson, 74, was convicted this week by Justice Ian Harrison sitting without a jury in the Supreme Court of murdering his first wife, aged 33, on January 8 or 9, 1982, and disposing of her body either alone or in company. The judge found he was motivated by his “uncontrolled obsession: with his schoolgirl lover who he later married.

Mr Cowdery would not discuss this week why he decided not to charge Dawson however he told the ABC in 2001 that the fact Ms Dawson’s body had never been found was a key reason.

Former Director of Public Prosecutions Nicholas Cowdery QC says “Justice jas taken its course”. Pic by James Croucher

“ I was looking at whether or not there was a reasonable prospect of convicting somebody of homicide,” Mr Cowdery told the ABC.

“Without a body, without knowing first of all whether in fact she is dead. Without knowing secondly if she is dead, how she died, it is very hard to mount a case of a reasonable prospect of conviction just on motive, and the undefined existence of means and opportunity. That makes it very weak.”

In 2003, Ms Dawson’s family were sent a letter from Mr Cowdery about his later decision.

“I have been asked to inform you that, after very careful consideration of all the available information obtained by police in the course of their investigations and of the evidence heard before the coroner in 2003 and at the earlier inquest in 2001, the director has determined that there is insufficient evidence to support any criminal charge against any person in connection with the disappearance of Lynette Joy Dawson in 1982,” the letter said.

“In the director’s view, the second inquest has not strengthened the case against any person beyond that which existed when a charge was declined to be ordered on 12 November 2001.”

Dawson was finally charged in December 2018 after a third police investigation into Ms Dawson’s disappearance although her remains have still not been found.

Originally published as NSW’s toughest murder prosecutions without a body