Chris Dawson murder trial argument on ‘fat’ taunts
Chris Dawson was allegedly calling his wife Lynette an ‘ugly bitch’ because she couldn’t lose weight after the birth of their second child.
Chris Dawson was allegedly calling his wife Lynette fat and an “ugly bitch” because she couldn’t lose weight after the birth of their second child.
There was extensive legal argument on Monday on whether the evidence from Lyn’s neighbour Coral Clarke would be allowed into Mr Dawson’s murder trial.
Ms Clarke is very unwell and will not be able to testify.
The court was told she made a statement to police in December 2011, almost 30 years after Lyn, then 33, vanished from her home in Bayview on Sydney’s northern beaches.
Ms Clarke said Lyn came around one day and was upset and crying, and had told her about her husband’s insults.
Defence barrister Pauline David said the evidence lacked detail and may have been contaminated by prior media reports about Lyn’s disappearance.
Prosecutor Craig Everson said it was highly probable that Ms Clarke’s account of speaking to Lyn was reliable, saying it was exactly the kind of conversation someone would remember.
He added that Ms Clarke had a level of familiarity with Lyn, saying she had a lovely personality and idolised her daughters.
Mr Dawson’s former babysitter and second wife, JC, had previously told the court that he called Lyn “fatso” and sang cruel songs about her. Chris’s twin brother Paul’s babysitter separately gave evidence that Chris called Lyn a “bitch” and said “if only she was gone”.
The evidence from Ms Clarke could show Chris was tormenting his wife to her face as well as behind her back to the two teenage babysitters, the court was told.
Chris Dawson’s defence is arguing he is of good character, drawing out responses from witnesses that he would never denigrate his wife.
As hearsay evidence, to be admitted into the trial Ms Clarke’s statement has to be regarded as being in circumstances that made it highly probable to be reliable.
Ms David said there was an indication Ms Clarke was hostile towards Mr Dawson, due to her comments there was something unusual or weird about his relationship with his brother Paul.
Judge Ian Harrison SC said the defence would in due course contend Lyn may have perceived her husband was critical of her rather than there being actual criticism.
The court also heard from former Bayview neighbour Malcolm Downie, the ex-husband of Lyn’s friend Julie Andrew. Mr Downie said Julie was out one day when Lyn arrived unexpectedly.
“She knocked on the laundry door which was at the rear of the house, which was very unusual,” Mr Downie said.
“I opened it and she was all nervy and upset and said ‘Is Julie here?’
“I said ‘Are you all right?’ And she said ‘Oh, marital problems’.”
Mr Downie said Lyn looked stressed and did not have her kids with her. “That was strange. That woman never went without her children,” he said.
Weeks later someone – he was assuming it was his wife – told him Lyn had run away.
Lyn would often visit with her children for coffee with Julie, Mr Downie said.
The defence team for Mr Dawson, 73, has previously sought to downplay Lyn’s friendship with Julie Andrew.
Ms Andrew, the trial’s first witness, testified to seeing Mr Dawson towering over Lyn and shouting at her just weeks before she vanished.