Police officers on holiday postponed arrest of Alexander Dow Freeburn before he killed

Police officers on holiday postponed the arrest of an armed robber, who was left free to beat a young woman to death in his Kew apartment.

Police outside the Kew apartment where Elizabeth Wilms was found dead. Picture: Steve Tanner

An armed robber was supposed to be arrested two weeks before he bashed to death a young woman with a disability in his Kew apartment, but the police officers went on holiday.

Alexander Dow Freeburn’s parole was revoked and he should have been in prison when he killed Elizabeth Wilms, 29, less than six weeks after meeting her on a dating app.

NSW police had issued an arrest warrant for Freeburn 538 days before Ms Wilms’ battered body, with 43 injuries, was found in the bedroom of his rented High St apartment, on July 5, 2016.

The Coroner’s Court of Victoria heard that officers were finally ready to arrest Freeburn on 16 June, 2016 — at least two weeks before Ms Wilms death.

But his capture was delayed for a month until after two officers returned from holidays, on July 15.

In handing down his findings into Ms Wilms death on Thursday, State Coroner Judge John Cain said the police who completed the arrest plan didn’t contemplate handing it to anyone else when they went on leave.

At the time there was “no evidence” that Freeburn was involved in any further crime, was in a family violence relationship or was going to leave the area.

Alexander Dow Freeburn should have been in prison when he killed Elizabeth Wilms.

But His Honour said it was “astonishing” that 541 days passed between the warrant being issued for Freeburn’s arrest in NSW and his capture in Victoria, prompted by a missing person probe.

There had been no deadline set by NSW Police by which to execute the warrant.

It was “perhaps more startling” that policies and procedures were followed at the time, and remain “substantially unchanged today”, His Honour said.

Judge Cain ordered police forces in Victoria and NSW to review and amend their interstate warrant processes and guidelines “to ensure that they are executed in a timely manner”.

A warrant for Freeburn’s arrest had been issued on January 15, 2015, ordering him to return to a NSW prison to serve an eight month and six day jail term for armed robbery.

But he travelled to Victoria, where he met Ms Wilms on a dating app in late May, 2016.

Within days of their meeting, Ms Wilms confided in loved ones that he was “violent” towards her.

Friends also saw him behave in a “controlling and jealous” manner.

The last time her family saw her – about a week before her death – she had bruises around both her eyes.

But the young woman, with a mild intellectual disability, claimed it was smudged mascara. She also said Freeburn had taken her Centrelink payment. 

Days later, on June 28, Ms Wilms told her parents she’d broken up with Freeburn, but she returned to his Kew home that night, and the next day called her parents – her joint financial guardians – and demanded access to all her money.

Police on the scene of the crime. Picture: Steve Tanner

Her father Peter gave evidence that he heard Freeburn in the background “instructing her” during the call.

Ms Wilms’ parents had been handed limited control of her financial affairs by a tribunal due to her vulnerability.

She was last seen with Freeburn by a friend on June 30, and told this friend she was “petrified” of him and said he’d “threatened to kill her if she did not leave her family”.

It’s believed she died at the Kew property between July 1 and 5, her body found by searching police on the floor of the bedroom cupboard.

Freeburn was captured on CCTV leaving the address on July 2 with a large suitcase. He fled to the home of another woman he’d met on a dating app, who he’d been calling on Ms Wilms phone earlier that day.

The court heard her father, Peter, raised the alarm with police after his repeated attempts to get in touch with his daughter through her mobile, and through Freeburn, were unsuccessful.

Her car, unmoved for a number of days in Kew, was driven around the block by her dad on July 3 to ensure it didn’t get a flat battery, and he texted her to say he’d left money in the centre console.

But the next day, the money and car remained untouched and his messages went unanswered, so he reported her missing to police.

Officers found Ms Wilms body in Freeburn’s flat on July 5, and he was arrested by police on July 9 – 541 days after a warrant was issued for his capture. The court heard that the first attempt by NSW police to arrest him came 125 days after the warrant was issued – but he’d left the state two months earlier.

After being handed a 25 year sentence, Freeburn appealed and his charge was downgraded to manslaughter.

He was resentenced in 2020 to 12 years jail, less than half his original prison term.