Court hears Thorburn may have sexually abused murdered girl

The lawyer for the foster father who killed Tiahleigh Palmer has warned an inquest about making a finding of sexual abuse.

Tiahleigh Palmer was likely strangled or suffocated to death by her “remorseless” foster father Rick Thorburn, who may have also sexually abused the girl before she died, a coroner has heard.

The submissions came on the final day of an inquest into the death of 12-year-old Tiahleigh.

Thorburn is serving a life sentence for her murder.

Counsel assisting the coroner Kate McMahon submitted that it was an inference open for coroner Jane Bentley to find that Thorburn had sexually abused Tiahleigh based on his predilection for abusing young girls and sexual comments he had allegedly made about her to others.

The two-day inquest into Tiahleigh’s death in October 2015 is seeking to find how, when and where the girl was killed.

Tiahleigh Palmer.

Thorburn stunned the hearing on Tuesday when he offered his first ever explanation of how he killed Tiahleigh, reading a one-page confession in which he claimed to have accidentally suffocated her while trying to stop her from running away.

It came before an explosive outburst in which he told the court “go f--- yourselves” and threatened to walk out after the confession was questioned and he was asked about allegations of sexual abuse of children.

The coroner considered charging Thorburn with contempt after his chaotic testimony, but today told the court she had decided not to proceed with charges.

In her closing submissions to the inquest today, Ms McMahon said the evidence suggested Tiahleigh was killed sometime between 7pm and 10pm on October 29, 2015, at the Thorburn family home at Chambers Flat, Logan.

Rick Thorburn

“Relevant to how Tiahleigh Palmer died is in my submission the inference open on the evidence that (she) was sexually abused by Rick Thorburn,” she said.

“That is in my submission an inference available on circumstantial evidence.”

She said that evidence included Thorburn’s own testimony given to the court yesterday that he could not remember if he had had sexual contact with Tia, but that he “would not have”.

“Even on his own account he’s not in a position to deny it may have happened,” she said.

“Secondly, there is evidence Mr Thorburn is a man who has a predilection for sexually abusing children and in particular young girls.”

Ms McMahon said Thorburn had also made comments to a relative about witnessing Tiahleigh spontaneously engaging in a sexual act in front of him.

She said his explanation was totally implausible and consistent with someone who might be trying to cover up sexual contact with the girl.

She said he also expressed a desire to have Tiahleigh as a foster child because another girl was not pretty enough.

“The reasons why Mr Thorburn killed Tiahleigh Palmer are relevant to how she died because they are relevant to whether that killing was accidental or deliberate,” Ms McMahon said.

“Mr Thorburn has given an account in his statement of an accidental killing, so if there is evidence that he was acting potentially not only to cover up Trent Thorburn’s sexual contact with Tiahleigh but his own possible sexual abuse of her, then that is further reason to reject that account.

Trent Thorburn, the foster brother of murdered 12-year-old schoolgirl Tiahleigh Palmer, leaves Brisbane Coroners Court yesterday. Picture: Dan Peled/NCA NewsWire

“My submission would in any event be that Your Honour would entirely reject that account…”

Ms McMahon submitted that the coroner would also reject Thorburn’s claim that he had no memory of the murder, and it was open for her to make a recommendation to the parole board that his “lack of co-operation and demonstrated remorselessness” should be taken into account when he became eligible for parole in 2038.

“My submission is that the court is left in a position where the most likely way that Tiahleigh Palmer died was that Rick Thorburn either suffocated or strangled her,” she said.

“That is the most likely way having regard to the physical evidence, including the evidence as to the absence of any clear ante-mortem injuries or any skull injury on the autopsy and the physical evidence as to the absence of any blood or disturbance at the house on the night he killed her.

“Her cause of death would then be asphyxiation or deprivation of oxygen.”

Thorburn’s defence barrister Matthew Hickey submitted that while the coroner could accept the submissions about when and where Tiahleigh died, she should be hesitant to make findings that the girl was sexually abused.

Julene Thorburn, the foster mother of murdered 12-year-old schoolgirl Tiahleigh Palmer, leaves Brisbane Coroners Court. Picture: Dan Peled/NCA NewsWire

He said Ms McMahon accepted the submission was no higher than a possibility, and it was unnecessary for the court to make such a finding, warning it could exacerbate the considerable distress her family had already suffered.

Mr Hickey said the court had not tested the submissions that Thorburn’s memory loss was feigned, and rejected the allegation his client was remorseless.

“In my respectful submission, Your Honour, that simply can’t be sustained,” he said.

“The man sat in the box, he cried when explaining the sorrow he felt about the things he quite candidly said he had done.”

Mr Hickey also urged the coroner not to accede to the submission that she make a referral to the parole board, saying it would be extraordinary for her to make that referral and would deprive Thorburn of procedural fairness and natural justice.

“His own view, I can say candidly, is it is likely he’ll die in prison,” he said.

Ms Bentley said she hoped to deliver her findings by the end of next week.

Originally published as Court hears Thorburn may have sexually abused murdered girl