Daniel Morcombe inquest: Coroner finds more could’ve been done to focus on Brett Peter Cowan

The early police response to Daniel Morcombe’s disappearance didn’t pay enough attention to his killer.

Daniel Morcombe disappeared at a bus stop on his way to buy Christmas presents for his family in 2003. Picture: Supplied

A coroner has found “more could have been done” to focus on Daniel Morcombe’s killer Brett Cowan in the early stages of the investigation into the Queensland schoolboy’s disappearance.

State coroner Terry Ryan said Cowan had admitted to police that he had been at the scene, had gaps in his alibi and a history of abducting and sexually abusing boys.

However Mr Ryan said it was important to note a greater focus on Cowan in those early stages may not have produced evidence to allow for an earlier arrest.

In one of two recommendations, Mr Ryan called for mandatory independent reviews of unsolved homicide and high risk missing person investigations after 12 months, via changes to the police operational procedures manual.

A prison image of Daniel Morcombe’s killer, Brett Peter Cowan. Picture: Supplied

He also recommended the state government amend the criminal code to ensure a time limit was placed on the testing of human remains when the prosecution and defence fail to reach agreement on the identity of the deceased. That followed concerns raised by the Morcombes about the length of time they waited for the return of their son’s remains after discovery.

Mr Ryan also said there should be “broad consultation” on proposals for a national public register of sex offenders.

Daniel’s parents, Bruce and Denise Morcombe, sat quietly in front of Mr Ryan as he read out only part of his findings, with the rest to be published online. Outside the courtroom, Mr Morcombe said the recommendation for 12-month reviews was an “excellent decision”.

Qld State Coroner's Findings at Daniel's inquest have supported a number of our recommendations including a mandatory 12 review by Police and Timely release of remains to the family @BruceMorcombe

— Denise Morcombe (@DeniseMorcombe) April 5, 2019

The focus was now on Daniel’s legacy of helping protect children through the Daniel Morcombe Foundation, he said.

Bruce and Denise Morcombe says the coroner’s recommendation for 12-month reviews was an “excellent decision”, outside the Brisbane Coroners Court. Picture: AAP

The couple had raised a series of concerns about the police investigation in hindsight, ranging from delays in declaring Daniel a missing person, to the focus on other persons of interest.

Mr Ryan said a police sergeant should not have treated Daniel’s disappearance as someone who had stayed out too long or had run away.

But the actions did not breach police policies, which at the time gave officers greater discretion in missing person cases than they have now.

Police should also have immediately taken steps to contact a bus service, Sunbus, about Daniel’s disappearance. “This was a missed opportunity,” Mr Ryan said.

Daniel was “a happy and healthy 13-year-old boy” when he vanished while waiting for a bus on Queensland’s Sunshine Coast on December 7, 2003, Mr Ryan said. His parents had been “unrelenting” in trying to find him. He would now be a grown man aged 29 years.

It was clear Daniel was killed within an hour, and the response of police “cannot be said to have contributed to his death in any way”.

“The only person responsible for Daniel’s death is Mr Cowan,” Mr Ryan said.

The inquest “established the police investigation was the largest criminal investigation in the history of Queensland”. Investigators had to make decisions about who to focus on, with more than 30 persons of interest.

Mr Ryan said the focus on finding a blue car – criticised by the Morcombes - was justified, despite later proof it was unrelated. One of the persons of interest, sex offender Douglas Jackway, broke down in a blue car near where Daniel went missing, but on the following day.

Police submitted there was insufficient evidence for a search warrant at Cowan’s home or vehicle in 2003, or to adopt covert strategies around him. But Mr Ryan said it wasn’t clear on the evidence that any consideration had been given to this at the time.

Tape lifts recovered hair samples from Cowan’s car in 2003, but these were not tested for many years after.

“This represented an oversight that had the potential to delay Mr Cowan’s arrest,” Mr Ryan said.

No DNA was ultimately obtained from the tape lifts.

It was “speculative” to suggest Cowan’s alibi could have been disproved sooner, he said.

The inquest opened in 2010 and was suspended after police arrested Cowan.

In an elaborate undercover operation, known as a Mr Big sting, police posed as an organised crime gang to draw the truth out of Cowan.

He not only confessed to the fake gang, but led them to the macadamia farm where he had murdered Daniel and disposed of his body. A search of the area uncovered bones, confirmed through DNA tests to be Daniel’s remains.

Cowan was convicted of murder in March 2014 and sentenced to life in jail with a minimum of non-parole period of 20 years, and it was revealed he had twice previously been jailed for abducting and sexually abusing young boys.

Mr and Mrs Morcombe today posted a message of thanks on the Daniel Morcombe Foundation website.

“We recognise the extraordinary efforts of the Queensland Police Service and their determination to return him to his loved ones and ensure that whoever had abducted and murdered him were brought before the courts,” they wrote.

WE GIVE THANKS https://t.co/v0kTOdVV7j

— Denise Morcombe (@DeniseMorcombe) April 4, 2019

“A breakthrough was achieved after a dogged review of the key persons of interest by the Queensland State Coroner Michael Barnes and his Counsel Peter Johns in the Coronial Inquest.

“A subsequent police investigative review coupled with the very public glare of the inquest provided the catalyst for an amazing Queensland Police covert operation in partnership with West Australian Police that extracted not only a confession but a re-enactment of events on that fateful day.”

The couple said the killer’s description of events had scarred them and would haunt them forever. But they said “by harnessing the public’s will for change, Daniel’s legacy lives on through the work of the Daniel Morcombe Foundation”.

Denise and Bruce Morcombe pictured at Daniel House in Queensland’s Palmwoods; the foundation’s Administrative hub which also offers free counselling for survivors of crime. Picture: News Corp

When the coroner announced two weeks ago that he would hand down the findings today, Denise Morcombe wrote online: “We welcome that as a chance for our family to move on.”

The next day Mrs Morcombe posted a picture online showing her smiling in the background as her grandson played in a red Wiggles car, with the message: “I declare today `Happy Nana Day”.