
Alleged killer's verdict could remain sealed forever
The only person who can say definitively whether Leisl Smith was murdered has been sworn to secrecy by Australian law.
Ms Smith, 23, was last seen alive on CCTV getting into a white ute at Tuggerah railway station on the NSW Central Coast in August 2012.
The vehicle belonged to her accused killer, James Church, who died by suicide on the eve of a verdict being delivered in the Supreme Court in July 2022.
Legal proceedings must be terminated if the accused person dies, according to laws of abatement.
The legislation means Ms Smith's family still do not know if she was murdered, almost 13 years after she went missing.
The lead detective in her case on Wednesday used the woman's inquest to call for law reform.
Her family deserved to know Justice Elizabeth Fullerton's sealed verdict, Detective Sergeant Michael Jones told the court.
"I believe in our investigation, I know in my heart what the result was going to be in trial," he told the NSW Coroner's Court.
"That decision would have helped (Ms Smith's family) to reconcile and move forward."
Det Sgt Jones said an exception should be made to the laws of abatement once a verdict has been reached and needs only to be delivered.
Church died during the judge-alone trial but after Justice Fullerton had settled on her verdict and finalised her written reasons.
Questioned by the coroner, Det Sgt Jones said he had considered the inability of a dead person to exercise their right to appeal.
He suggested the verdict and its reasons could be revealed in the Coroners Court as part of the inquest, rather than as a criminal court finding.
The detective has worked on Ms Smith's case since she disappeared
Her body has never been found and he believes it lies close to his area of work.
"It's something that I think about all the time," he said, before addressing Ms Smith's mother Sandi Harvey in the courtroom.
"I'm sorry I couldn't give you the ultimate answers that you really wanted ... you deserve them.
"I've done my best and I'm sorry."
Deputy State Coroner Harriet Grahame praised the quality of his investigation and said hope remained something could be found.
"It is very clear to me that you went above and beyond," she said.
The inquest continues.
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The pair walked over to the residence, where inside the three-story townhouse and asleep in their rooms were Dr Gordon and his housemate on the first and third floors, respectively. The pair broke in by sliding under the garage door before stealing shoes, headphones, laptops and silver necklaces belonging to Dr Gordon. Upon returning to their friend's house, the boys "boasted about things they stole" and planned to return again, the prosecutor said. Two more teens joined the pair, with the four captured on CCTV wearing gloves, balaclavas, face masks and hats. The prosector alleged they again slipped under the garage door but this time, they don't go undetected. "Hello boys," Dr Gordon said, after being awoken by the intruders, prompting the teens to run outside. The GP's housemate had told him they should call police but Dr Gordon said, "We'll call them later. We need to get our stuff back". After catching up with three of the teens outside his driveway, two of them jumped the fence, leaving the accused who the GP attempted to restrain, the prosecutor said. During the scuffle, the teen allegedly pulled out a knife and inflicted 11 sharp injuries, leaving the victim laying on the ground. "One of those penetrated Dr Gordon's chest cavity which killed him," Ms Churchill said. Two teens jumped back over the fence after the accused yelled for help before one allegedly kicked the victim in the face so forcefully that his "eyes rolled into the back of his head". After fleeing, the panicked accused allegedly told the others he had "stabbed a guy" four to five times. "Shit, just killed a guy. Like he's dead bro," the accused allegedly said. "The first two times I stabbed him I didn't realise (the knife) was going in. After the next few times I realised it was actually going in." 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The boy, who cannot be named for legal reasons, has pleaded not guilty to one count of murdering GP Ash Gordon and guilty to two counts of aggravated burglary after breaking into his home. The accused had attended a house house party in Doncaster, in Melbourne's northeast on January 12, 2024, when just after 4am the next day, he and another boy decided to "take" a black Mercedes they had seen at a home down the road, prosecutor Kristie Churchill told a Supreme Court jury on Thursday. The pair walked over to the residence, where inside the three-story townhouse and asleep in their rooms were Dr Gordon and his housemate on the first and third floors, respectively. The pair broke in by sliding under the garage door before stealing shoes, headphones, laptops and silver necklaces belonging to Dr Gordon. Upon returning to their friend's house, the boys "boasted about things they stole" and planned to return again, the prosecutor said. Two more teens joined the pair, with the four captured on CCTV wearing gloves, balaclavas, face masks and hats. The prosector alleged they again slipped under the garage door but this time, they don't go undetected. "Hello boys," Dr Gordon said, after being awoken by the intruders, prompting the teens to run outside. The GP's housemate had told him they should call police but Dr Gordon said, "We'll call them later. We need to get our stuff back". After catching up with three of the teens outside his driveway, two of them jumped the fence, leaving the accused who the GP attempted to restrain, the prosecutor said. During the scuffle, the teen allegedly pulled out a knife and inflicted 11 sharp injuries, leaving the victim laying on the ground. "One of those penetrated Dr Gordon's chest cavity which killed him," Ms Churchill said. Two teens jumped back over the fence after the accused yelled for help before one allegedly kicked the victim in the face so forcefully that his "eyes rolled into the back of his head". After fleeing, the panicked accused allegedly told the others he had "stabbed a guy" four to five times. "Shit, just killed a guy. Like he's dead bro," the accused allegedly said. "The first two times I stabbed him I didn't realise (the knife) was going in. After the next few times I realised it was actually going in." On January 14, the accused and two others met up at an apartment in Melbourne's inner-south, where they discussed fleeing the country and no snitching. Three days later, police attended the apartment and arrested the accused, where they also found a silver chain allegedly belonging to Dr Gordon. Defence barrister Amelia Beech urged the jury to look at the evidence and approach the trial as if it was a "task of the mind, not a task of the heart". 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The pair walked over to the residence, where inside the three-story townhouse and asleep in their rooms were Dr Gordon and his housemate on the first and third floors, respectively. The pair broke in by sliding under the garage door before stealing shoes, headphones, laptops and silver necklaces belonging to Dr Gordon. Upon returning to their friend's house, the boys "boasted about things they stole" and planned to return again, the prosecutor said. Two more teens joined the pair, with the four captured on CCTV wearing gloves, balaclavas, face masks and hats. The prosector alleged they again slipped under the garage door but this time, they don't go undetected. "Hello boys," Dr Gordon said, after being awoken by the intruders, prompting the teens to run outside. The GP's housemate had told him they should call police but Dr Gordon said, "We'll call them later. We need to get our stuff back". After catching up with three of the teens outside his driveway, two of them jumped the fence, leaving the accused who the GP attempted to restrain, the prosecutor said. During the scuffle, the teen allegedly pulled out a knife and inflicted 11 sharp injuries, leaving the victim laying on the ground. "One of those penetrated Dr Gordon's chest cavity which killed him," Ms Churchill said. Two teens jumped back over the fence after the accused yelled for help before one allegedly kicked the victim in the face so forcefully that his "eyes rolled into the back of his head". After fleeing, the panicked accused allegedly told the others he had "stabbed a guy" four to five times. "Shit, just killed a guy. Like he's dead bro," the accused allegedly said. "The first two times I stabbed him I didn't realise (the knife) was going in. After the next few times I realised it was actually going in." On January 14, the accused and two others met up at an apartment in Melbourne's inner-south, where they discussed fleeing the country and no snitching. Three days later, police attended the apartment and arrested the accused, where they also found a silver chain allegedly belonging to Dr Gordon. Defence barrister Amelia Beech urged the jury to look at the evidence and approach the trial as if it was a "task of the mind, not a task of the heart". Ms Beech accepted jury members may have heard about the issue of youth crime in Victoria and how it has become "political fodder". She said the case was just about what happened between Dr Gordon and the accused at 5.27am on 13 January, 2024. "You can't send a message to the attorney-general or the premier here in this court," she said. The trial continues.

The Age
5 hours ago
- The Age
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A teenager told his friends 'just killed a guy. Like, he's dead bro', after stabbing a Melbourne doctor in the driveway of a Doncaster street. The then-16-year-old had broken into the Doncaster home of doctor Ashley Gordon twice in one night to steal shoes, jewellery and electronics. The teenager also allegedly showed the bloodied knife to friends before saying he needed to burn his clothes, a court has heard. The now 17-year-old, who cannot be named due to his age, has pleaded guilty to two counts of aggravated burglary and not guilty to a charge of murder. On the first day of the trial into the 33-year-old's alleged murder, distressing details of the doctor's final moments, and the two home invasions that preceded his death, were aired in the Supreme Court. The court heard the boy and his co-accused, who was also 16 at the time, had been drinking at a friend's party at a house in the same street as Gordon's home on the evening of January 12 last year. The other, now 17-year-old boy, has also been charged over Gordon's death and will face a separate trial. The hearing was told in the early hours of January 13 the two teenage boys began talking about stealing a black Mercedes they had seen parked in Gordon's garage. The court was told that some time after 3am the teenage boy, and his co-accused left the party and walked to Gordon's home, which he shared with his lifelong friend, Tristen Standing.