Chris Dawson will face trial for the murder of his wife, Lynette, after the Court of Criminal Appeal rejected his application to have a permanent stay in the case due to a delay in prosecution and “extensive pre-trial publicity”.
Mr Dawson launched an appeal, arguing in the Court of Criminal Appeal that there were errors made by Justice Fullerton, including failing to take into account the prejudice caused by pre-trial publicity. On Friday, Chief Justice Tom Bathurst, Justice Christine Adamson and Justice Geoffrey Bellew dismissed the appeal, finding the correct legal test was applied, all relevant matters were taken into account, and it was not unreasonable to refuse the permanent stay.In a judgment summary, the judges said the key issues in the appeal were “extensive pre-trial publicity, including in the form of a podcast, which was adverse to Mr Dawson” and the lengthy delay in bringing a prosecution against him.
“The Court agreed with the primary judge that the prejudice to Mr Dawson caused by the pre-trial publicity and delay in this case is very serious,” the judgment summary said.
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