Coroner’s decision disputed
A SUPREME Court justice will consider whether to overturn a coroner’s determination that Bowen schoolgirl Rachel Antonio met a violent end at the hands of her secret boyfriend 20 years ago.
Yesterday’s daylong hearing was the latest in a decadeslong legal saga whereby former lifesaving captain Robert Hytch has repeatedly fought allegations he killed 16- yearold Rachel and hid her body.
Hytch is now fighting findings handed down in 2016 by Coroner David O’Connell that he was involved in a “violent altercation” with Rachel on the night of her 1998 disappearance that led to her death.
Mr O’Connell found Rachel had been in a secret relationship with the then 25- year- old and had organised to meet him at the beach to talk about a pregnancy she had faked.
He relied in part on diary entries and letters written by Rachel – inadmissable in criminal trials – to determine the teen had been in an intimate relationship with Hytch. Mr O’Connell’s decision was immediately appealed.
Hytch was not in court yesterday as a QC fought to have the findings overturned.
Glen Rice QC, argued Mr O’Connell’s findings were an unreasonable use of power and there was no justification for the decisions reached.
He said there was no evidence Rachel and Hytch met that night, no evidence a phone call between the pair that evening amounted to anything and no evidence tiny spots of Rachel’s blood on Hytch’s sandals related to an attack on her.