Lyn Dawson murder: NSW seeks advice on ‘no body, no parole’ laws

Attorney-General Mark Speakman is examining laws in other states after calls from Lyn Dawson’s family for legal reforms.

NSW Attorney-General Mark Speakman is examining “no body, no parole” laws in other states after calls from Lyn Dawson’s family for legal reforms.

Lyn’s brother Greg Simms told The Australian no prisoner should be released without revealing the location of their victim’s remains.

Queensland and other states have `no body, no parole’ laws requiring prisoners to cooperate with police to find their victim’s remains before they can be released, while in NSW it is still optional.

Mr Speakman has responded by ordering a review of laws outside NSW.

“The Attorney-General has asked the Department of Communities and Justice for advice on this matter, including how such legislation operates in other jurisdictions and the effectiveness, or otherwise, of this legislation in those jurisdictions,” a spokeswoman said.

In 2017, NSW introduced laws requiring the State Parole Authority to consider, where appropriate, whether an offender had disclosed the location of victims’ remains.

The review comes as Lyn’s husband Chris was assessed as being a suicide risk after being found guilty of her murder.

Dawson was on Wednesday transferred to Silverwater prison and placed for his own protection in a single cell, where ­sources said he was seen sitting with his head in his hands.

NSW Supreme Court judge Ian Harrison SC on Tuesday found Dawson killed Lyn, 33, in January 1982, then falsely claimed for the next 40 years that she abandoned her two young daughters and home on Sydney’s northern beaches.

Dawson, 74, will on Thursday again appear before Justice Harrison, as he seeks bail ahead of a planned appeal against his conviction. Pre-trial hearings were told he had been suicidal.

Greg Simms and wife Merilyn with family outside the NSW Supreme Court after Chris Dawson was convicted. Picture: Getty Images

Lyn’s remains have never been found, an ongoing source of pain and sorrow for her family.

“The state has to comply with the rest of the country. It’s going to give people closure,” said Mr Simms.

“People are sitting in jail thinking ‘I’m not going to tell them, let them suffer’.”

His wife, Merilyn Simms, said it was “ridiculous” that in NSW it was optional for prisoners to be refused parole if they failed to co-operate with police to find ­remains, while in other states co-operation was mandatory for ­release.

She said the former lead detective on Lyn’s case, Damian Loone, supported law reform in the area. “This has been a huge passion of Damian’s. He would love to call it Lyn’s Law,” Ms Simms said.

Following Dawson’s conviction, Mr Simms had urged him to “do the decent thing and allow us to bring Lyn home”.

Hedley Thomas, the investigative journalist behind The Teacher’s Pet podcast that put a global spotlight on the case, said he did not believe Dawson would lead police to Lyn’s remains without an incentive.

“I don’t think he is going to tell the family where Lyn is unless there’s something transactional in it for him – perhaps the opportunity for him to get out of prison a little sooner,” Thomas told Sky News. “In Queensland, we have ‘no body, no parole’ laws. In NSW, it’s optional. The Premier of NSW … really should look at changing that legislation.

“It doesn’t take much. If you have someone convicted of a crime of murder or unlawful killing, don’t let (them) out once they’ve served their time and are eligible for parole unless they’ve disclosed where they have buried, concealed, the remains of the victim. This can be done; it would be a really good reform.

“Chris Dawson might tell if he thinks he can get out of prison in time to have a few years of freedom before he dies, but I suspect that unless there is something like that on offer, he will go to his grave not disclosing it.”

There are various “no body no parole” laws around the country, recognising the special pain that family members suffer when victims’ remain missing.

A view of the police truck transferring convicted murderer Chris Dawson as he leaves Surry Hills police station. Picture: NCA Newswire / Gaye Gerard

NSW Police Force homicide squad commander Danny ­Doherty said inquiries and efforts to find Lyn’s remains were continuing. “We again urge anyone with information which may assist us to get in touch,” he said. “After a journey of more than 40 years, we hope to give Lyn’s family the chance to say goodbye.”

Dawson’s conviction had “brought joy to Lynette Dawson’s family” and to detectives from the Unsolved Homicide Unit’s Strike Force Scriven who had worked on the case, he said. “His 2018 arrest was the culmination of tenacious, diligent and painstaking work by specialist officers, including the Homicide Squad, particularly since the strike force was re-established in 2015.

“Strike Force Scriven investigators reviewed each and every piece of information provided over the years and conducted significant fresh inquiries to produce a compelling brief of evidence.”

Detectives asked the Office of the Director of Public Prosecutions to review their brief in April 2018. The Teacher’s Pet podcast launched the following month, uncovering new witnesses and evidence. The DPP gave police the green light to arrest Dawson in December that year.