Samantha Murphy disappearance: Tale of two inquests as findings ignored

The federal government immediately moved to implement coronial recommendations from one NSW coroner to aid missing persons investigations while simultaneously nothing was done about key findings from the Theo Hayez inquest.

Theo Hayez, 18, with his cousin Lisa Hayez.

The federal government immediately moved to implement coronial recommendations from one NSW coroner to aid missing person investigations while nothing was done about key findings in a separate inquest into the disappearance of backpacker Theo Hayez.

Stark differences in the handling of the two inquests raise further questions about how the Hayez findings could have been overlooked.

Coronial findings from Hayez’s 2019 disappearance in Byron Bay could have been crucial in tracking missing Ballarat mother Samantha Murphy, but they have been ignored for more than a year, The Australian has revealed.

Missing Ballarat mother of three Samantha Murphy.

NSW State Coroner Teresa O’Sullivan delivered the Hayez inquest findings in October 2022, making recommendations to assist police in harnessing modern technology in missing persons investigations.

Tech giants Google, Apple and Facebook have vast amounts of GPS location data and other information that can provide vital leads in missing persons cases such as the disappearance of Ms Murphy almost two weeks ago.

Under current laws, police have to be investigating a crime to formally request information through the Mutual Legal Assistance Treaty, Ms O’Sullivan found. Reasons for disappearances are not always immediately apparent to investigators, and even when there is a crime, the process of obtaining information from multinationals based outside Australia can take years.

Ms O’Sullivan recommended federal and NSW law reform commissions jointly examine “the difficulties encountered by missing persons investigators … with the Mutual Legal Assistance Treaty process” when seeking information from companies such as Google, Uber, Facebook and Apple.

Neither commission was asked by federal and state attorneys-general to examine laws, as required for inquiries to be launched. A spokesman for Attorney-General Mark Dreyfus last week said there was no record of him being informed of the findings.

It was a different story for findings delivered by NSW Deputy State Coroner Erin Kennedy in September 2022 in the case of missing man CD, which led the federal government to rush through changes to telecommunications laws.

A detective’s request for triangulation of CD’s mobile phone had been declined because a senior officer wasn’t satisfied there was an “imminent” threat to life. Telecos at the time had to be satisfied a threat was serious and imminent before providing triangulation services.

Communications Minister Michelle Rowland said she received a letter from the deputy coroner in mid-October 2022.

The federal government subsequently introduced amendments in November 2022 to remove the “imminent” requirement. The bill was passed in March 2023 and received assent in April 2023.

NSW Opposition Leader Mark Speakman, state attorney-general at the time of the Hayez inquest findings, was contacted for comment.

Ms Murphy had an Apple Watch and phone with her when she disappeared. Google, Apple and other companies say they can voluntarily provide authorities information if there is a serious and imminent threat to life.