Police lose vital evidence in case against repeat sex offender, truck driver Chris Eaton

The crucial piece of evidence was missing from police records and changed the plans for the sex offender truck driver’s trial.

Recidivist sex offender Christopher Shane Eaton was jailed for sexual assault before the Toowoomba courts in March 2025.

A regional Queensland man pleaded guilty to sexual assault an hour before he was due to stand trial after it was revealed he admitted to committing the crime in a pretext phone call that remains missing from evidence.

The Toowoomba District Court heard Toowoomba investigators lost the crucial piece of evidence where recidivist sex offender Christopher Shane Eaton admitted to sexually assaulting the Toowoomba region woman.

The court heard the brief of evidence the Queensland Police Service compiled for the Office of the Director of Public Prosecutions had no mention of the pretext phone call ever occurring.

Recidivist sex offender Christopher Shane Eaton was jailed for sexual assault before the Toowoomba courts in March 2025.

The missing evidence came to light on Monday, March 24, the day before the trial, when the victim-survivor spoke to Crown prosecutor Abby Kong in preparation for the trial, at which she was due to give evidence and be cross-examined by lawyers.

Ms Kong told the court Toowoomba police had no record of the pretext phone call occurring, and barrister Stephen Kissick said his client confirmed it had indeed occurred.

At the time of the call between the victim-survivor and Eaton, he was not aware that investigators were on the line.

Following the revelation, the parties agreed to abort the trial, and Eaton entered a plea of guilty to the sexual assault charge on the basis he held an “irrational belief’ that the Darling Downs woman was consenting.

The court heard that police charged the 49-year-old with sexual assault about seven months after the pretext phone call occurred.

The former truck driver from Rockhampton and Emerald was on bail at a Lowood address, however was arrested on unrelated charges in September 2024.

His criminal history showed he had been convicted of sexual assault and an online child sex offence.

Christopher Shane Eaton pleaded guilty to sexual assault before the Toowoomba District Court on March 25 before he was to stand trial after it came to light that he admitted to the crime during a pretext phone call that police seem to have lost.

The court heard the offending occurred in the Toowoomba region more than two years ago, when Eaton was a guest at the woman’s home.

Eaton was in a relationship with another person at the time, however the court heard that when he was alone with the victim, he asked her if he could see a mark on the woman’s lower torso that was mentioned earlier that night.

She told Eaton no and that it would be inappropriate.

“Can I please have a look? I won’t touch you,” he said.

When the woman slightly moved the top of her pants to show the mark, Eaton dropped to his knees, pulling the woman’s pants and underwear down to her ankles.

He then cupped the woman’s exposed vagina with his hand.

She pulled away from Eaton, exclaiming, “what the f-k are you doing?!”

Following the incident, the court heard Eaton repeatedly asked the woman to talk with him, told her not to tell anyone, and declared a sexual interest in her.

Mr Kissick, instructed by solicitor Charles Lumsden, told the court Eaton does not dispute the facts of the charge, and the issue at trial would have been one of consent.

He said at the time of Eaton’s arrest he was homeless and noted upon his release that he would be supported by the NDIS.

Mr Kissick said Eaton had some contact with his adult children and was in a relationship when he was remanded in custody however it was now in doubt.

Judge Benedict Power KC said the submission that Eaton mistakenly believed the woman was consenting to the sexual touching was unreasonable and irrational.

Judge Power told Eaton the offending was very serious, had a profound effect on the complainant, and was significantly aggravated by his criminal history.

He said it was clear Eaton had not learnt from his previous stints in jail that his behaviour was unacceptable, which seemed to have marked an escalation when compared to his prior offences.

Judge Power said Eaton was a man who required supervision in the community and sentenced him to a 15 month jail term and declared the 183 days spent in custody as time served.

Eaton remains on remand for other charges, however he is eligible to apply for parole.