Dawson loses bid to avoid court case
CHRIS Dawson’s last-ditch attempt to avoid trial for the alleged murder of his wife Lynette 40 years ago has failed.
The 73-year-old’s legal team had applied for special leave to appeal to the High Court for a permanent stay of proceedings but it was refused on Friday.
Mr Dawson’s previous attempts to halt the trial had been rejected in the NSW Supreme Court and the NSW Court of Criminal Appeal.
The High Court was his final option, a month before his trial is scheduled to begin in May.
Ms Dawson was 33 when she went missing from the family’s Bayview home on Sydney’s northern beaches four decades ago.
She left behind two daughters, aged four and two.
Her former husband, Mr Dawson, who was a Newtown Jets player and high school teacher, has pleaded not guilty to her murder and has always maintained his innocence.
Justice Stephen Gageler and Justice Michelle Gordon on Friday refused to grant special leave to appeal the earlier court decisions.
It was noted the Supreme Court judge found steps could be taken to “remove a real or substantial risk” one or more members of the jury had pre
judged Mr Dawson’s guilt.
“The approach adopted by the primary judge was in accordance with a well established principle,” Justice Gageler said.
He said it had not been established that there was any error in the judge’s application of that principle.
“The Court of Criminal Appeal discerned no appeal or error in Her Honour’s reasonable conclusion,” Justice Gageler said.
“We are not persuaded there is sufficient reason to doubt the decision of the Court of Criminal Appeal to warrant the granting of special leave.
“The application for special leave to appeal is refused.”