Wife of ex-army captain allegedly raised ‘idea of divorce' over infidelity before alleged Qld kayak murder, court told

News.com.au

5 days ago

The wife of an ex-army major allegedly murdered on a kayaking trip had 'raised the idea' of divorcing him after discovering he was having an affair with another woman while stationed in Papua New Guinea, a court has been told.
Jacqueline Davidson is alleged to have spoken with her husband Graeme about the move after significant marital discord emerged between the pair when she uncovered his infidelity in 2019.
Mr Davidson, a former major in the Australian Army, is charged with his wife's murder after she drowned in a lake north of Brisbane on November 27, 2020.
A bail application in the Supreme Court that spilt into Friday's sitting has been told how Ms Davidson had discovered her husband was having an affair with a woman in Papua New Guinea in 2019.
She had discussed ending the marriage but ultimately did not pursue this action.
Defence barrister Craig Eberhardt KC said there was 'no evidence' Ms Davidson had planned to leave Mr Davidson, earlier telling the court that his client remained 'committed' to staying in the relationship.
The 'idea' of divorce had been raised by Ms Davidson, but Mr Eberhardt said this was different to her indicating that 'she was intending on leaving the marriage'.
'It's unremarkable for people to discuss the possibility of something, and it's a different thing to say, 'I'm leaving the marriage, and screw you, that's going to happen next week',' Mr Eberhardt said.
The application is set to continue into next week when the Crown is due to speak on its opposition to Mr Davidson's bail.
Police allege Mr Davidson was involved in his wife's drowning while the couple were kayaking on Lake Samsonvale in Petrie.
He is also charged with fraud and attempted fraud – relating to allegations he tried to claim almost $1m in life insurance payouts following his wife's death.
The court was told the couple's marriage was not marked by violence or abuse and there was no indication Ms Davidson was planning to leave her husband.
Only two allegations of domestic violence had been raised in the Crown case, including one in Thailand in January this year and another in Germany more than 20 years ago.
Mr Eberhardt said the latter was 'not even admissible' in the proceedings and his client had never been charged in relation to both allegations.
'It shows you just how desperate they (the Crown) are to try and find some mud to fling at him, to stop him from getting bail,' he said on Thursday.
Mr Eberhardt characterised the Crown case as 'very weak', as Ms Davidson had no injuries that would indicate foul play.
In an affidavit filed as part of his bail application, Mr Davidson described how he began to 'show' off by standing up on his kayak when he and his wife were about 10m apart on the water.
Ms Davidson allegedly became 'distressed' and 'used the 'safe word' … designed to let him know that she was concerned about what he was doing', according to the affidavit.
The court was told Mr Davidson saw his wife 'fall off the kayak' and he went into the water to find her but could not see because the water was 'murky' and full of grass weeds.
'He managed to find her after some period of time, and he dragged her out,' Mr Eberhardt said.
Attempts to revive her were unsuccessful.
In his statement, Mr Davidson claims the pair were not wearing life jackets because they had been 'eaten by rats' at their house in Bondi before they moved back to Queensland.
'There's evidence to that effect in a statement of (a woman) … she had been told prior to the death that the life jackets had been eaten by rats,' Mr Eberhardt said.
Mr Davidson's bail application will resume on August 6.