‘No de facto laws, can't lose 50 per cent of your s**t': Cheating army major's alleged text years after wife drowns on kayaking trip

News.com.au

a day ago

A former army major charged with killing his wife on a kayaking trip allegedly texted a friend years after she drowned, saying there were 'lots of western divorcees' in Thailand because 'there are no de-facto laws and you can't lose 50 per cent of your s**t'.
The text allegedly sent by Graeme Davidson in 2023 - three years after his wife Jacqueline drowned while the couple were kayaking north of Brisbane - was aired during a bail application at Brisbane Supreme Court on Wednesday.
A judge is yet to rule on whether Mr Davidson, who held ranks in the British and Australian Armies, will be granted bail despite submissions continuing over a week.
Mr Davidson is facing a single charge of murder in relation to Jacqueline's death. No plea has been entered.
The couple were kayaking on Lake Samsonvale in Petrie on November 27, 2020 when Jacqueline drowned and could not be revived.
Police allege Mr Davidson was involved in his wife's death.
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. No pleas have been entered.
Mr Davidson's barrister Craig Eberhardt KC has made lengthy submissions over the course of the bail application, attesting to the weakness of the Crown's case and the strength of the evidence against his client.
On Wednesday, crown prosecutor Caroline Marco argued it only needed to be determined whether Mr Davidson had shown cause as to why his detention in custody was unjustified, not to rule on the strength of the case.
She told the court the case against Mr Davidson was circumstantial – noting inconsistencies in statements he allegedly gave about his wife's death.
They allegedly include telling witnesses that she 'jumped, or dove' into the water from the kayak and that she was still 'alive', 'conscious' when she was pulled to shore.
Ms Marco said Mr Davidson's phone allegedly 'ceased to exist on the network' at 11.14am - three-and-a-half hours before the triple-0 call and an hour after the couple set off on their kayaks.
'Some... explanations may be that the phone was switched off, it was otherwise inoperable, on flight mode or not connecting with the tower,' Ms Marco said.
The court was told Mr Davidson had given no explanation for why it was not on the network.
Ms Marco said the device had never been recovered and there was 'inexplicable evidence' of its disconnection from the network.
She said Mr Davidson posed an 'unacceptable risk' of 'interfering with witnesses or obstructing the course of justice'.
'There's inexplicable evidence of its disconnection to the network,' she said.
'There had to be a reason why it could not be used to render assistance to Jacqueline, and therefore to justify the course that was taken of walking her two kilometres back to the boat ramp.'
Ms Marco said the risk of Mr Davidson failing to appear was due to the mandatory penalty of life imprisonment he faced if convicted, in addition to his lack of ties to Australia, as he had only returned from Thailand twice since his wife's death.
The court was told Mr Davidson allegedly texted a friend three years after Jacqueline's death, describing himself as a 'cliche' because he was an 'older man married to a younger woman'.
It was allegedly followed by the comment: 'There are lots of western divorcees out here because are no de facto rules and you can't lose 50 per cent of your s--t'.
Ms Marco said this exchange went to allegations that Mr Davidson expressed concerns about 'dividing assets' in the event of a failed relationship.
The court has previously been told Ms Davidson discovered her husband was having an affair with a woman in Papua New Guinea in 2019, leading to a strain in their marriage.
She referenced an exchange Mr Davidson had with his friend Chesty in the years prior to Jacqueline's death, where he had allegedly said he would kill his wife and move to Thailand if she ever 'sought a divorce and made a claim to his military pension'.
Mr Eberhardt described it as a 'quip' as the pair were discussing how, on the day of Chesty's retirement, his wife announced she was leaving him, taking half his assets and moving to Thailand.
'My learned friend described this as a 'quip', but Your Honour can see it's not supported by (Chesty's) evidence... it shocked him,' Ms Marco said.
Mr Eberhardt said there was no suggestion his client had fled Australia's jurisdiction by moving to Thailand as he had maintained contact with police and the Coroner's Court in the years since Jacqueline's death.
The court was told Mr Davidson was still receiving military pensions from both the Australian and British governments.
'It's not as if he's a Tony Mokbel, who had the criminal contacts and resources to escape... this fellow is an otherwise law-abiding citizen who has been a commissioned officer in both the British and the Australian Army for many, many years,' Mr Eberhardt said.
Mr Davidson was prepared to report daily, offer a substantial $250,000 surety offered by his family members, not go near international departure points, abide to a curfew and wear an ankle bracelet as part of his bail conditions.
He also indicated he would surrender both his Australian and British passports.