Tarmara June Smith was brutally murdered and left tied to a tree in Toowoomba’s CBD in 2002

The 25-year-old mother was brutally murdered on a Toowoomba street and left tied to a tree. Can you help solve this 21-year mystery?

Ask the police about the murder of Toowoomba mother Tarmara June Smith and they will tell you that it was solved – it’s just that the Court of Appeal set the killer free.

So, Tarmara’s murder is not even considered a cold case, even though her killer’s identity remains unknown.

If the police won’t investigate this brutal murder, then it’s up to the Toowoomba community to solve this 20-year mystery.

It’s not as if there weren’t other suspects, the police admitted at trial that they had another suspect, they just couldn’t find him.

That man fled Toowoomba the day after the murder, leaving a note for his flatmate to sell his car and that he would be in contact with him.

Tarmara Smith was murdered in Toowoomba in 2002 Photo Contributed

That flatmate told The Chronicle some years later that he was contacted by that man and he believed he was overseas.

To our knowledge, he has never returned to Australia since his hastened departure.

The fact remains, Tarmara Smith was brutally raped with a beer bottle and left to die while tied to a tree in Isabel Street in Toowoomba’s CBD by the strap of her handbag which was wrapped around her neck.

Semen DNA found on her did not match the man police ultimately charged with her murder, Paul Templeton, then 50, who had previously been in an on/off relationship with Tarmara.

Surely, any right-minded person would believe the police would want to question the man belonging to that DNA.

Paul Templeton always protested his innocence and his first trial ended in a hung jury, but he was convicted of Tarmara’s murder on the second trial.

However, months later the Court of Appeal in a unanimous decision by three justices overturned the conviction and entered a not-guilty verdict, setting Mr Templeton free.

In her Judgement, Justice Cate Holmes concluded that there “was a background of evidence strongly suggesting that someone else altogether was with Ms Smith shortly prior to her death”.

This reporter spoke with Paul Templeton upon his release from jail and he strongly reiterated his innocence.

Tarmara Smith murder: Paul Templeton talks about being released from prison after his appeal against his murder conviction was successful. October 2004. Photo Kevin Farmer / The Chronicle

“From the first day I was upfront with them (police),” he told me.

“I had nothing to hide and I voluntarily gave samples for DNA.

“I knew they were concentrating on me, but even then I couldn’t believe it when they arrested me for the murder.”

Paul Templeton died in 2016.

One might think the DNA evidence had police perplexed, but they soon came up with an excuse for the DNA not being from Paul Templeton.

They suggested that Tarmara had sex with some other man earlier that week and had worn those same dirty underpants that night of her death.

The 25-year-old mother of one had been out on Easter Saturday, March 30, 2002, and was captured by CCTV footage walking on Ruthven St and attending a number of pubs and clubs.

At the time, she had been living in a caravan park on Toowoomba’s western outskirts and was believed to have been walking home, a route which took her along Clifford St.

Two witnesses who lived on Clifford St gave evidence that they had seen who the Crown and defence agree was Tarmara Smith walking on Clifford St talking with a man who both sides also agree was her killer.

Tarmara Smith Murder 2002: A mannequin dressed like Tarmara June Smith stands where she was last seen alive in Clifford Street, outside Grand Central Shopping Centre. Senior Constable Belinda Moriarty on right. Published April 5, 2002 Photo Nev Madsen / The Chronicle

According to these witnesses, the man was asking her for sex and she was rejecting him.

Defence barrister Robbie Davies argued at trial that it was obvious the two people were not known by their interactions.

The witnesses said that man was dressed in long black pants, white shirt and had black suit jacket draped over his shoulder.

His dress was to prove crucial to the Crown case.

When Paul Templeton was spoken to by police at his single room at Mica Lodge in Russell St just hours after the murder, his entire possessions were placed on his bed and photographed by police and shown to the jury at Paul Templeton’s trial.

There was no pair of long black pants in that photograph, yet somehow a pair of long black pants was included in the evidence bag.

Tarmara Smith murder: Paul Templeton is led into Toowoomba Magistrates Court in August 2002. Photo Kevin Farmer / The Chronicle

Despite that pair of long black pants being two sizes too small for Paul Templeton, the police maintained those pants were present with the other clothing belonging to Paul Templeton photographed that day yet for some reason couldn’t be seen in the photo.

Of course, the clothing of the suspect wasn’t an issue at the time Paul Templeton was spoken to by police on the Sunday of the murder because the witnesses only came forward days later after the report of Tarmara’s murder appeared in The Chronicle that Monday.

Police called to the witness stand said they largely based their initial statements on the recording of their initial conversation with Paul Templeton in his room at Mica Lodge.

That was maintained by the officers at trial on the witness stand despite the arresting officer conceding that the tape recorder he had in his shirt pocket that day had malfunctioned and that there was no recording of that initial conversation with Paul Templeton at Mica Lodge.

However, the crucial evidence that the Crown relied upon were glass fragments found on Tarmara Smith which a glass “expert” told the trial matched stubby glass found in Paul Templeton’s room at Mica Lodge.

Paul Templeton's legal team of barrister Robbie Davies (left) and instructing solicitor David Burns discussing their client’s case. September 2004. Photo Bev Lacey / The Chronicle

Despite barrister Robbie Davies’ suggestion at trial that just about anyone who walked the footpaths of Toowoomba’s CBD has similar glass fragments on their shoes due to walking past hotels, the Crown maintained the suggestion that the glass evidence proved Paul Templeton’s guilt.

That controversial glass evidence was brought into question by the three justices who presided over Paul Templeton’s appeal in the Court of Appeal.

Justice Williams in Judgement found: “As Holmes J has pointed out the forensic evidence relating to glass fragments found in various locations and identified as coming from a Fourex beer bottle or bottles does not advance the prosecution case.”

Tarmara Smith’s murder remains unsolved but not unsolvable.

Surely, there are people in Toowoomba or surrounds who know something about this murder and hold the key to solving it.

If you can help, give me a call at The Chronicle on 4690 9332 or 0428 698 196.