Convicted murderer Chris Dawson will return to a Sydney court on Monday to appeal his conviction, with a purported phone call from his wife Lynette on the day of her disappearance to play a central role in his case.
Dawson was found guilty in August 2022 of murdering his wife Lynette, who vanished suddenly from their home on January 8, 1982.
The former Newtown Jets rugby league player and northern beaches high school teacher was sentenced to 24 years in prison, with an 18-year non-parole period, after Supreme Court judge Ian Harrison found him guilty of murder on circumstantial evidence.
Justice Harrison found he killed his wife to begin a relationship with a young student, who moved into Dawson’s Gilwinga Drive home in the days following.
Lynette Simms’ body has never been found and she has never contacted her friends or family, including her two children.
Dawson, 75, has maintained his innocence and has launched an appeal against his conviction, claiming it cannot be proven that Lynette Simms is even dead.
Former rugby league star Chris Dawson will return to a Sydney court on Monday, with a purported phone call from his wife Lynette on the day of her disappearance to play a central role in his bid to be freed from prison
The former Newtown Jets rugby league player and northern beaches high school teacher was sentenced to 24 years in prison, with an 18-year non-parole period, after Supreme Court judge Ian Harrison found him guilty of murder
During a police interview, Dawson told detectives that he dropped off his wife at a Mona Vale bus stop and she was supposed to meet him later that afternoon at the Northbridge Baths, where he worked as a part-time lifeguard.
Dawson told police that while at work he received an STD (interstate) phone call from his wife saying that she needed time away.
Central to Dawson’s appeal – which will be heard over three days in the Court of Criminal Appeal starting Monday morning – is his claim that he suffered a ‘significant forensic disadvantage’, owing to the nearly 40 years between his wife’s disappearance and the matter going to trial.
During that time evidence was lost and several key witnesses died, including Phillip Day.
Mr Day was present at the Northbridge Baths on the afternoon Ms Simms did not arrive to meet her family.
He gave a statement to police in February 2001 in which he said he saw Dawson being summoned to the pool office and when he returned he said he had received a call from Lynette.
In a grounds of appeal, Dawson’s lawyers argue that he suffered a ‘miscarriage of justice’ because Justice Harrison found beyond a reasonable doubt that he did not receive a phone call from his wife.
His lawyers also argue that Justice Harrison erred in finding that Dawson told several lies which evidenced his ‘consciousness of guilt’.
Justice Harrison, in his judgment, said that Dawson had lied about his relationship with the young student, about wanting to resume his relationship with his wife and about receiving phone calls from her after her disappearance.
Dawson has sat in a jail cell since August 2022 when he was found guilty of murdering his wife Lynette, who vanished suddenly from their Bayview home in January 1982
CHRIS DAWSONDuring his judgment, Justice Harrison said the case against Dawson was circumstantial, however noted a guilty verdict was the only ‘rational inference’ he could draw
His legal team also argue that there was ‘inadequate’ evidence to prove that Ms Dawson was not alive after January 9, 1982.
During his judgment, Justice Harrison said the case against Dawson was circumstantial, however noted a guilty verdict was the only ‘rational inference’ he could draw.
Justice Harrison found that Dawson harboured a ‘possessive infatuation’ with his young student, having just weeks before Lynette’s disappearance unsuccessfully attempted to run off with the teenage babysitter to start a new life in Queensland.
Last year, Dawson was also convicted of one count of carnal knowledge after a judge found he engaged in sexual activities with one of his student at a Sydney high school in 1980.
He was sentenced by Judge Sarah Huggett to three years in jail and had one year added onto his non-parole period.
His non-parole period is due to expire in August 2041, by which time he will be 93 years old.
New ‘no body, no parole’ laws passed by NSW Parliament – dubbed ‘Lyn’s law’ – mean that Dawson will not be paroled until he reveals where Lynette is buried.
Justice Harrison in his sentencing remarks noted that Dawson would ‘probably die in jail’ before the expiry of his non-parole period.
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