Friend doubted Charmaine McLeod’s rape claims, inquest told

Witnesses have provided a disturbing insight into the mind of a mother who along with her four children was killed in a horror head-on crash.

An experienced police officer who investigated Charmaine McLeod’s rape allegations told an inquest he stands by the complaint being deemed as “unfounded”.

During the investigation, witnesses including Ms McLeod’s own friend cast doubt on her claims, warning police she was known to “lie”, “manipulate” and “twist” stories.

Ms McLeod and her four young children were killed in a head-on crash with a semi-trailer in May 2019 in what the investigating coronial officer believes was an act of “retaliation” against family court orders.

An inquest into their deaths is investigating the circumstances leading up to the crash, including Ms McLeod’s mental health issues and the “unfounded” complaints of rape and sexual abuse she had made against her estranged husband James McLeod.

Detective Senior Constable Morris Cottrell. Picture: John Gass

Hervey Bay Criminal Investigations Branch Detective Morris Cottrell was tasked with investigating a rape complaint brought by Ms McLeod in early 2019.

Giving evidence at the inquest on Monday, he said he “played this investigation with a straight bat” and if there had been any evidence to corroborate or justify it, he would have charged Mr McLeod.

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But he said extensive investigations led him to believe the offending did not occur.

“If a person presented in identical circumstances today, I would take the same action,” he said.

Detective Cottrell agreed under questioning that he was bound by sufficiency of evidence tests and that in order to charge someone with a crime, police must believe there is a reasonable prospect of a conviction.

Asked whether Ms McLeod’s diagnoses of schizophrenia and borderline personality disorder played any role in his assessment of the credibility of her allegations, he said it did not.

“I’m fully aware a mentally ill person or a person with mental health issues is capable of being raped,” he said.

“I’m fully aware of that.”

Charmaine Harris McLeod and her four children were killed in a car crash near Kingaroy.

The police officer of 25 years choked up as he was asked if he had anything to add at the conclusion of his evidence.

“I was working the day of the crash,” he said.

“I was subpoenaed to be here today but the truth is that I would have come in my own time and my own expense to be a witness here today.

“Because I believe that what I have to say to this court, this inquest is really, really important.

“There are four reasons I wanted to be here today. With the court’s permission I’ll tell you what those four reasons are – they are Aaleyn Faith McLeod, Matilda Azaria McLeod, Wyatt James McLeod, and Zaidok John Sampson McLeod – they are why I wanted to be part of this.”

In a handwritten note discovered in the wreckage of the fatal crash, Ms McLeod had made a number of complaints, including the line: “blame the courts, not enough help for domestic violence victims and kids”.

The inquest heard evidence Mr McLeod told police the pair had separated because he had enough of the “toxic relationship” with his ex-wife who “constantly lies” to get what she wants and “she will stop at nothing”.

He said he became concerned for their children after Ms McLeod had a number of drug overdoses in their presence.

During the rape investigation, Mr McLeod told police Ms McLeod had made threats to him including that he would not be able to see their four children.

The court heard one witness when asked about when she became aware of the rape allegation told police that she was with Ms McLeod when she “calculated the dates” back from when the children were born.

Det Sen Const Cottrell said he spent three days pouring over medical records as part of the investigation, including entries in which Ms McLeod had repeatedly told hospital staff she was not in danger, had not been a victim of violence and had made reference to their pregnancies being planned.

The inquiry heard Ms McLeod’s 2019 rape complaint came after she had previously made another complaint and then withdrawn it.

Mr McLeod has never been charged with any wrongdoing and denied all allegations made by Ms McLeod.

The inquest continues.

Originally published as Friend doubted Charmaine McLeod’s rape claims, inquest told