Theo Hayez death an accident or murder: coroner

Missing Belgian backpacker Theo Hayez died when he vanished in Byron Bay and the cause could have been an accident or murder, a coroner has found.

Missing, presumed dead, backpacker Theo Hayez on his Australian travels.

Missing Belgian backpacker Theo Hayez died at popular tourist destination Byron Bay after an accident or as the result of foul play, NSW state coroner Teresa O’Sullivan has found.

Ms O’Sullivan said on Friday she was satisfied Hayez, 18, had died when he vanished after leaving a bar in the town three years ago, but the evidence did not establish if it was accidental or if he was murdered.

Hayez would not have taken his own life or voluntarily abandoned his family and happy life in Belgium, Ms O’Sullivan said.

Theo Hayez with his cousin Lisa Hayez. Picture: Supplied

“I have come to the tragic conclusion that Theo is deceased, and despite the extensive investigation and inquest, the available evidence does not enable me to make findings as to the cause or manner of Theo’s death,” she said.

The findings mirror the conclusions of The Australian’s investigative podcast The Lighthouse, that examined the case and argued authorities needed to make better use of technology to find missing people.

On the night of May 31, 2019, the young backpacker became separated from other travellers and was ejected from Cheeky Monkey’s bar by security staff who thought he was approaching intoxication.

Ms O’Sullivan said there was little evidence he was drunk and none that he was using drugs, but no criticism was directed at the bar because of the requirements of the state’s liquor licensing laws.

After he left the bar, Hayez used his phone to search for directions back to Wake Up Hostel where he was staying.

However, his Google account data shows he walked in the opposite direction, stopping at some cricket nets for seven minutes before entering Arakwal National Park at the Milne Track.

Veering off a fire trail, he trudged through dense bushland to reach Tallow Beach.

The last available GPS data placed him at Cosy Corner on the northern tip of the beach at 12.05am on June 1.

There was user activity on Hayez’s phone until about an hour later, showing him accessing YouTube and exchanging messages with friends and family that gave no indication he was in danger.

The phone lost data connectivity at 1.02am but mysteriously reconnected again at 6.17am.

Expert analysis of cellular location data concluded with a high degree of confidence that the phone remained around the headland until it disconnected permanently from the network at 1.47pm that day.

“There have been no other signs of life from Theo since the early hours of the 1st of June, 2019,” Ms O’Sullivan said.

Bushland near the start of the Milne Track in Byron Bay, where Theo Hayez is believed to have walked the night he went missing in 2019. Picture: Liana Boss

She was left with only two possible scenarios.

The first was that he attempted to climb from Cosy Corner up the ridge line towards Cape Byron Lighthouse, becoming separated from his phone and falling from the cliffs.

It was a dangerous ascent, especially at night, and there were at two known cases where people had gone into the water at the location and been washed out to sea, never to be recovered despite immediate rescue attempts.

The second possibility was that Hayez was with someone when he walked to the beach from the cricket nets, “and that person or those persons caused his death and disposed of his body”, she said.

“The major difficulty with the accident theory is reconciling it with Theo’s character.

“Theo was a responsible and cautious young man. It is hard to see any pathway up to Cosy Corner at night at all. It’s very dark and obviously dangerous.

“The family submits that it would be completely inconsistent with Theo’s character to attempt something so reckless, particularly alone.

“Moreover the theory presumes that Theo, a tourist unfamiliar with the area, had walked alone from the town and on an unlit track and through dense bushland in the Arakwal National Park to reach Tallow Beach in the first place.”

Detective Senior Constable Phil Parker, the officer in charge of the investigation, told the inquest he found the walk scary and intimidating when he attempted it alone at night.

“It is unmarked, extremely dark, and the track can be difficult to find even in the daytime.

“Even the route that Theo took from the cricket nets to the start of the track was not intuitive or clearly signposted.

“The final part of Theo’s journey through the bushland did not follow any natural path and would have been very hard going.”

It had been suggested Hayez may have met somebody at the cricket nets who helped to navigate the streets and to reach the beach, Ms O’Sullivan said.

“Having regard to all of these factors, while I consider it a possibility, I cannot conclude on the balance of probabilities that Theo died from misadventure.”

Of the two possible scenarios, she said: “Sadly, there is just insufficient evidence before me to substantiate or exclude either theory at this point in time.”

NSW Police should give its missing persons registry adequate resources to continue investigations into Hayez’s disappearance, she said.

Relatives of Theo Hayez outside the court after the coronial inquest hearing was complete. Picture: Savannah Pocock

Sweeping recommendations have been made related to improving searches for missing people, including removing barriers to quickly and lawfully access the vast information held by multinational corporations like Google and Facebook and apps using location data such as Uber, Garmin, Apple Fitness and dating apps.

“This inquest has shown that there are significant legislative gaps, roadblocks and inconsistencies which impede thorough and effective investigations into the disappearance of missing persons.

“These problems exist at state, national and international levels.”

Backpacker accommodation operators across the state should also introduce a new policy to check the rooms of guests within 24 hours if they have failed to check out, and to inform police if passports or other valuable belongings have been left behind.

Hayez was missing for six days before his family realised and raised the alarm.

Hayez had been travelling around Australia on a working holiday visa since November 2018 and was coming to the end of his trip.

He had already booked a flight home to Belgium from Melbourne.

“Theo’s disappearance is a tragic loss of a clever, gentle and thoughtful young man who was universally loved, especially by his devoted family and godparents and loyal friends,” Ms O’Sullivan said.

Hayez’s godfather Jean-Philippe Pector and cousin Lisa Hayez, who have searched for him relentlessly, attended Byron Bay’s courthouse for the findings.

Local volunteers who devoted vast amounts of their time to search for Hayez and support his family were also in court and were thanked by the coroner.