Detective Byron Worth ‘always believed’ missing person Allison Bernard’s case was potential homicide, court hears

The investigating officer into the disappearance of Kowanyama mother-of-two Allison Bernard has told a court he always believed the missing persons case was a potential homicide.

THE investigating officer into the disappearance of Kowanyama mother-of-two Allison Bernard has said he has always believed the missing persons case was a potential homicide.

Giving evidence all day in the Coronial Inquest into Ms Bernard’s disappearance on Friday, Detective Senior Constable Byron Worth told the court that nine years after the disappearance of Ms Bernard from the Archer River Quarry on the night of February 10, 2013, he was still of that belief.

“That’s never changed from the outset of the investigation,” he said.

Quarry caretaker Thomas Byrnes was the last person to see Ms Bernard alive, with the inquest previously hearing he had told police she had run away from the donga that night, perhaps wearing just a towel.

No trace of her has ever been found and no one has been charged over her disappearance.

But in his report to the coroner, Det Snr Con Worth ultimately came to the conclusion that Ms Bernard was under the effects of alcohol, possibly clothed in Byrnes’ clean clothes, had walked off east from the quarry site and become disorientated and lost in remote bushland and subsequently perished.

Asked by counsel assisting the coroner Melia Benn how he came to that conclusion, given the search and rescue team concluded that had Ms Bernard been on the quarry they would have found her, Det Snr Con Worth said he ultimately did not know what had happened to Ms Bernard.

“If I was pushed, 51 per cent I believe she has walked off and perished. Ultimately I cannot say conclusively what has happened,” he said.

Explaining his conclusion, Det Snr Con Worth said that despite how disjointed Mr Byrnes’ version of events was, police were “limited in their evidence to disprove a lot of what he says”.

Late on Friday, barrister for Ms Bernard’s family Andrew Hoare began asking questions of Det Snr Con Worth, making plain his position from the outset.

“I will be suggesting that you will have failed the family in your investigations, and the nature of my questioning will allow you to explain absences in the investigation,” he opened.

Mr Hoare took Det Snr Con Worth to task over a 10 minute phone call from the quarry to Ms Bernard’s stepmother’s phone on the night she disappeared – the last time she spoke to anyone aside from Mr Byrnes.

Det Snr Con Worth said the investigation was reliant on officers in Kowanyama to take the statement from Ms Bernard’s stepmother Dellis Burns about the phone call – who told them she had possession of the phone, had not answered it, and was not aware of who else had used the phone.

The inquest heard there were two other people at the house that night – an adult and a child – and neither of them were interviewed about the phone call.

“When you came back with the QPRIME and you did not have the content of the last proof of life, the last time she had spoken, when you did not have that what did you do?” Mr Hoare asked Det Snr Con Worth.

Det Snr Con Worth disagreed, saying it wasn’t the last time Ms Bernard had spoken – it was the last time she had spoken to family.

Allison Bernard.

“Oh I’m sorry I apologise. The last time she had spoken to anyone but the person who has given three inconsistent versions as to how she came to leave the house. Aside from that, which was the last other person she had spoken to, what did you do about that? Mr Hoare reiterated.

Det Snr Con Worth said nothing further was done at that stage.

“My understanding was that she had possession of the phone – she was not aware of who else had accessed that phone or used that phone. The phone was beside her bed. She would have been asleep at the time that call came,” Det Snr Con Worth said.

Mr Hoare also pointed to information that came to the attention of then officer in charge of Coen Police Station Sergeant Matt Maloney on February 19 that the washing machine at the quarry was not working.

“No statement was taken from that new (caretaker) on the 19th of February to ascertain what he meant by that,” Mr Hoare said.

“No,” Det Snr Con Worth said.

Thomas Byrnes leaves the Cairns courthouse precinct after day three of an inquest into the disappearance of Kowanyama mother Allison Neridine Bernard in December 2021. Mr Byrnes was the last person to see Ms Bernard alive when she disappeared from the Archer River Quarry in February 2013.

The inquest heard that Mr Byrnes had told police in his version of events that Ms Bernard had wet herself.

“The urination was a constant trope, a constant theme, of Mr Byrnes’ version, happening at various points, at the roadside, perhaps at the house, or in the vehicle when it was driving,” Mr Hoare said.

“And the purpose of that statement by Mr Byrnes had the effect of explaining how Ms Bernard came to be naked.”

Mr Hoare put it to Det Snr Con Worth that if evidence demonstrated Ms Bernard’s clothing was incapable of being washed, yet did not have traces of urine, that was important.

“Potentially, yes,” Det Snr Con Worth replied.

Det Snr Con Worth was asked if he regretted the investigation not taking a statement from the caretaker at the time.

“It’s certainly a point I would have preferred to have covered at the time,” he said.

The inquest continues on Monday, where Mr Byrnes is expected to be called to give evidence.

Originally published as Detective Byron Worth ‘always believed’ missing person Allison Bernard’s case was potential homicide, court hears