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Supreme Court New South Wales Common Law Division

Case Title: Me ium Neutral Citation: (earin) Date(s): De-ision Date: 1uris i-tion: 3e4ore: De-ision: Cat-hwor s:

R v Gittany (No 4) !"#$%& NSWSC $'%' "$* ""* "%* "4* "+* %#* %$ ,-to.er* $* 4* +* /* '* 0* $$* $"* $%* $4* $+ Novem.er "#$% "' Novem.er "#$% Common Law 2 Crime M-Callum 1 5--use 4oun )uilty o4 the mur er o4 Lisa Ce-ilia (arnum CR6M7 8 mur er 8 trial .y 9u )e alone 8 whether a--use )uilty or not )uilty 8 e4en-es 8 provo-ation 8 where not raise on -ase 4or a--use 7vi en-e 5-t $::+* s +: R v Gittany !"#$%& NSWSC $+#% R v Gittany (No ") !"#$%& NSWSC Mahmoo v Western 5ustralia ("##0) "4$ 5LR /#/ Thwaites v The State o4 Western 5ustralia !"##4& W5SC5 $:'

Le)islation Cite : Cases Cite :

Te;ts Cite : Cate)ory: <arties: Representation Counsel: M Te es-hi =C (Crown) < Stri->lan SC (a--use )
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<rin-ipal 9u )ment Re)ina (Crown) Simon Gittany (a--use )

Soli-itors: Dire-tor o4 <u.li- <rose-utions (Crown) 3annisters Lawyers (a--use ) ?ile num.er(s): <u.li-ation Restri-tion: "#$$@"+#"+0 None

JUDGMENT
$ HER HONOUR: Simon Gittany is -har)e with the mur er o4 Lisa Ce-ilia (arnum on %# 1uly "#$$A (e has plea e not )uilty to that -har)eA ,n his appli-ation* 6 or ere that he .e trie .y a 9u )e alone: R v Gittany !"#$%& NSWSC $+#%A The trial pro-ee e .e4ore me over 4our wee>s 4rom "$ ,-to.er "#$%A This 9u )ment re-or s my ver i-t an my reasons 4or rea-hin) that ver i-tA " 5t the time o4 Lisa (arnumBs eath* she an the a--use were livin) to)ether an were en)a)e to .e marrie A Their apartment was on the $+th 4loor o4 a .lo-> o4 apartments in Liverpool St* Sy ney >nown as The (y eA Miss (arnum 4ell to her eath 4rom the .al-ony o4 that apartmentA That she ie almost instantaneously as a result o4 in9uries sustaine in the 4all was not in isputeA The prin-ipal 4a-tual issue in the trial was whether her eath was -ause .y an a-t o4 the a--use A The Crown alle)es that the a--use eli.erately li4te Miss (arnum over the .alustra e an Cunloa e D her over the e )eA The a--use says that she -lim.e over the .alustra e o4 her own a--or an either slippe or allowe hersel4 to 4all o44 the awnin) on the other si eA % The Crown .ears the onus o4 provin) the -har)e .eyon reasona.le ou.tA The elements the Crown must prove are that there was a eli.erate a-t o4 the a--use whi-h -ause Lisa (arnumEs eath an that the a-t -ausin) eath was one with an intention to >ill Lisa (arnum or to
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in4li-t )rievous .o ily harm upon her* or with re->lessnessA The a--use put 4orwar a -ase in e4en-e .ut .ears no onus in that or any respe-tA 4 The Crown su.mitte that* i4 6 were satis4ie .eyon reasona.le ou.t as to the physi-al a-t alle)e a)ainst the a--use * 6 woul also .e satis4ie .eyon reasona.le ou.t* havin) re)ar to the nature o4 that a-t* that it was one with the intention o4 >illin) or in4li-tin) )rievous .o ily harmA 6t was not su))este otherwise on .ehal4 o4 the a--use A 6 a--ept the su.mission o4 the Crown on that issueA + ,n any view* the -ir-umstan-es o4 Lisa (arnumEs eath were sho->in) an tra)i-A The trial e;perien-e an unpre-e ente level o4 pu.liattention* no ou.t 4uelle .y the 4ree om o4 reportin) en9oye .y the press in a trial without a 9uryA 3oth -ounsel remin e me in that -onte;t o4 the nee to steel mysel4 a)ainst the natural sways o4 sympathy an -on-ern 4or Lisa (arnumEs 4amily an similarly a)ainst any ne)ative sentiment* or in ee sympathy* towar s the a--use whi-h may .e e;-ite .y the evi en-e in the -aseA / There was a -onsi era.le amount o4 evi en-e in the trial as to the nature o4 the relationship .etween the a--use an Lisa (arnumA Some o4 the evi en-e sou)ht to .e a u-e .y the Crown on that issue was e;-lu e as .ein) pre9u i-ial* too )eneral or too remote 4rom the time o4 Lisa (arnumEs eathA Some was a mitte over the o.9e-tion o4 the a--use : R v Gittany (No 2) !"#$%& NSWSC $+::A The a--use a -onsi era.le amount o4 relationship evi en-e himsel4A ' 6t is important to .ear in min the limite purpose 4or whi-h the relationship evi en-e was a u-e an not to .e un uly istra-te .y itA 6mportantly* su-h evi en-e was not a mitte in the Crown -ase as ten en-y evi en-eA Fltimately* the -riti-al events are those o4 the mornin) on whi-h Lisa (arnum ie A (owever* ea-h party pla-e relian-e* 4or i44erent purposes* on evi en-e o4 events over many months .e4ore that ayA 6t is a--or in)ly ne-essary to -onsi er an analyse that evi en-e in some etailA
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The Crown sou)ht to esta.lish that* urin) the -ourse o4 their relationship over appro;imately $0 months* the a--use was -ontrollin)* a.usive an ominatin) o4 Lisa (arnumG that he .e-ame pro)ressively more so towar s the en o4 the relationship an that Lisa (arnumEs -on4i en-e an sel42esteem .e-ame pro)ressively iminishe A 6t was put that* .y the time o4 her eath* she ha no 4rien s other than a personal trainer an a -ounsellor whom she ha >nown only 4or a matter o4 wee>sA The Crown -onten e that Lisa (arnum was .y then su.9e-t to an e;treme measure o4 -ontrol .y the a--use in her aily li4eA

The a--use

enie that -hara-terisation o4 the relationshipA 6t was put on

his .ehal4 that the reality o4 the relationship was more -omple;* .ein) -hara-terise .y a44e-tion an love .ut also .ein) in some respe-ts ys4un-tionalA Mr Stri->lan SC* who appeare 4or the a--use * opene his -ase anti-ipatin) that the evi en-e woul esta.lish a pattern o4 .ehaviour on the part o4 Lisa (arnum o4 ar)uin) with the a--use * threatenin) to leave him an then -han)in) her min A $# Mu-h o4 the relationship evi en-e was in the 4orm o4 thin)s sai .y Lisa (arnum to other peopleA The Crown le su-h evi en-e 4rom Lisa (arnumEs mother* Mrs 1oan (arnum (who lives in Cana a)G the personal trainer* Ms Lisa 3rown an the -ounsellor* Ms Mi-helle Ri-hmon A The a--use also )ave evi en-e o4 thin)s sai to him .y Lisa (arnumA Mu-h o4 that evi en-e was hearsay evi en-e a mitte un er one o4 the e;-eptions to the hearsay rule to prove the e;isten-e o4 an asserte 4a-tA $$ 6n -onsi erin) evi en-e in that 4orm* it has .een important to .ear in min the inherent short-omin)s o4 hearsay evi en-eA 6 have ha to e;er-ise -aution in eterminin) whether to a--ept the evi en-e an the wei)ht to .e )iven to itA 5 num.er o4 4a-tors may -ause su-h evi en-e to .e unrelia.leA The most o.vious* whi-h applies to all witnesses who )ave evi en-e in that 4orm* is the 4a-t that Lisa (arnumEs version o4 events was not a.le to .e teste .y -ross2e;aminationA The limitations o4 a se-on 2
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han a--ount are o.vious an are well2re-o)nise as a .asis 4or e;er-isin) -autionA $" 6n the -ase o4 Mrs (arnum* 6 have ha re)ar to the 4a-t that she ha many -onversations with her au)hter over a len)thy perio o4 timeA 6 have also ha re)ar to the 4a-t that she was 4irst as>e to re-all su-h -onversations at a time when she must un ou.te ly have .een in a state o4 sho-> an a-ute )rie4A 6 have ha re)ar to the ris> o4 her .e-omin) -on4use .etween eventsA Mrs (arnum hersel4 a->nowle )e that she may have -on4use one in-i ent she es-ri.e with an in-i ent involvin) a previous .oy4rien o4 Lisa (arnumEs (T+"A'G T%%$A4+G 6 note that the evi en-e o4 that in-i ent was e;-lu e an has not .een ta>en into a--ount a)ainst the a--use : R v Gittany (No 2) !"#$%& NSWSC $+:: at !"/&)A $% 6 have ta>en into a--ount the 4orm in whi-h Mrs (arnum re-eive mu-h o4 her in4ormationA ,ver a perio o4 years* a )reat eal o4 her -onta-t with her au)hter was .y lon)2 istan-e telephone -alls with a -onsi era.le time i44eren-e an .y te;t messa)esA There are limitations in re-eivin) in4ormation in that 4orm* without the animation or a e -ues o4 physi-al )estures an 4a-ial e;pressionsA 6 have -onsi ere the ris> that su-h 4orms o4 in4ormation mi)ht .e misun erstoo or misremem.ere A $4 6 have also -onsi ere the e;tremely -lose relationship .etween Mrs (arnum an her au)hter an the ris> that Lisa (arnum may have overstate the .a si e o4 her relationship to her mother* who was un ou.te ly LisaEs sa4est* most sympatheti- au ien-e ri)ht up until the time o4 her eathA 6 have ha re)ar to the ris> o4 ina vertent maternal .iasA $+ Mrs (arnum impresse me as a strai)ht4orwar an -are4ul witnessA 6 o not thin> her evi en-e isplaye any .ias a)ainst the a--use * ina vertent or otherwiseA ,n the -ontrary* 6 thou)ht she respon e to meti-ulous an intense -ross2e;amination 4airly an with Huiet i)nityA She was not overly
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-on4i entA She ma e a num.er o4 -on-essions rea ily an without prevari-ationA 6 have no hesitation in a--eptin) her evi en-e as .ein) -ompletely honest an mostly relia.leA 5ny reservation 6 have as to the relia.ility o4 any aspe-t o4 her evi en-e is e;pli-itly a $/ resse .elowA

6t is ne-essary to )ive separate -onsi eration* in the -ase o4 hearsay evi en-e relie upon as to the e;isten-e o4 an asserte 4a-t* to the li>ely relia.ility o4 the un erlyin) assertionA 6t was su.mitte 4or the a--use that Lisa (arnum was an unrelia.le historianA Mr Stri->lan -onten e that she was a -on4li-te * -ompli-ate an -on4use woman who isplaye a pattern o4 overrea-tin) to events in the relationship* en)a)in) in ramati-* attention2see>in) .ehaviour an then settlin) own a)ainA Those su.missions are -onsi ere in the -ourse o4 the -hronolo)i-al a--ount o4 events that 4ollowsA

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Mrs (arnum sai that Lisa (arnum move to 5ustralia 4rom Cana a in "##4* settlin) 4irst in Mel.ourne an later in Sy neyA 54ter movin) to Sy ney* she too> a hair ressin) -ourse at 5ustralian (air I 3eauty near 3on i 1un-tion* where she also wor>e part time to help pay 4or her tuitionA 5s at 1anuary "#$# she was stayin) temporarily with a woman -alle 5maliaA 6t was at aroun that time that she met the a--use A

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The a--use )ave evi en-eA (e sai that he met Lisa (arnum in early "#$# throu)h his 4rien Geor)e Jaram* es-ri.in) her as Geor)eEs CmistressDA She move in with the a--use at his previous apartment in <itt StreetA They -ommen-e an intimate relationship a.out two months later (T//0)A The a--use -alle Lisa (arnum .y her mi Ce-iliaA le name*

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The a--use )ave evi en-e o4 the positive si e o4 their relationship (T/': an see e;hi.its $* "* %* $: an "")A 6 have no ou.t that he an Lisa (arnum love ea-h other an that their relationship was at times very happyA 5 num.er o4 witnesses )ave evi en-e to that e44e-t (Re.e--a Tris-aru at T%0/A4+2%0'A:G Daniel Jarpathios at T4#+G 3ar.ara Gittany at
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T:": an <eter Mour)elas at T$#0")A Ki eo evi en-e ten ere .y the a--use shows that Lisa (arnum was a warm an viva-ious personA She ma e 4un o4 hersel4 an she ma e other people lau)hA 6t is -lear that* at times* they )ot alon) e;tremely wellA That is .orne out .y thin)s she sai to others an .y the -ontent o4 tens i4 not hun re s o4 te;t messa)es (e;hi.its $' an $0)A (owever* that was un ou.te ly not the 4ull pi-tureA "# The a--use Es own sister* Miss 3ar.ara Gittany sai that* urin) the -ourse o4 his relationship with Lisa (arnum* the a--use threatenin) to leave the relationship or that he ha i not tell her they were -ontinually havin) serious ar)uments* that she was -ontinually ownloa e a pro)ramme onto her phone so that he -oul monitor her SMS messa)es (T::/A$:)A Lisa (arnum i not -omplain to her o4 the restri-tions un er whi-h the a--use was pla-in) herA "$ Lisa (arnum was employe at the time she move in with the a--use A (er .an>in) re-or s 4rom 1uly "##: show that she was re-eivin) wa)es 4rom 5ustralian (air I 3eauty 4rom at least that time until early May "#$#* earnin) rou)hly L+## or L/## per wee>A The last payment o4 wa)es was ma e on 4 May "#$# (e;hi.it $+)A "" Mrs (arnum sai that Lisa (arnum en e wor>in) there at the en-oura)ement o4 the a--use (T%'A0)A There was also evi en-e 4rom a psy-holo)ist -onsulte .y Lisa (arnum in 1anuary "#$$ that the a--use Cha her stop wor>D (T"%+A"/)A "% The a--use enie that Lisa (arnum stoppe wor>in) at the hair ressin)

salon at 3on i 1un-tion at his reHuestA (e sai that she was not happy with the wor> there (T/'"A":)A (e es-ri.e a num.er o4 attempts he ma e to 4in her other wor>A "4 6 am satis4ie 4rom what Lisa (arnum sai to others that the a--use pro.a.ly i en-oura)e her to stop wor>in) at the salon at 3on i 1un-tionA (owever* there is insu44i-ient etail on that issue to raw any in4eren-e as
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to whether that was one in any over.earin) wayA 6n li)ht o4 the un-ertainty o4 that evi en-e an its remoteness 4rom the -riti-al events in the trial 6 have not pla-e any wei)ht on it e;-ept to the e;tent that it in4orms Lisa (arnumEs )rowin) sense* .y at least 1anuary "#$$* that she was losin) hersel4A "+ 6n aroun 1une or 1uly "#$#* Lisa (arnum tol her mother that she an the a--use were Cstartin) to have issues with ea-h otherD an that he ha su))este that she see a -ounselor (T%+A%$)A She starte to see Mr 3a.lysA Mr 3a.lys was es-ri.e as a C o-tor o4 -hiropra-ti-D .ut seems to have provi e a -onsi era.ly more iverse ran)e o4 servi-esA (e treate Lisa (arnum 4or stress* ne-> an shoul er pain* an;iety an sleepin) an eatin) -omplaintsA "/ 5t some point in Septem.er or ,-to.er "#$#* the a--use an Lisa (arnum move into the apartment at The (y eA The evi en-e su))ests that Miss (arnum was -onsi erin) not movin) into the new apartment with the a--use A Mrs (arnum sai that her au)hter was wantin) to move to Mel.ourne at aroun that time (T+%A%") .ut that evi en-e was not supporte .y any wor s attri.ute to Lisa (arnumA "' The lease is ate $% Septem.er "#$# (e;hi.it "#)A ,n $/ Septem.er "#$# the a--use an Lisa (arnum ha an ar)umentA (e tol her to leave all her >eys (Call the >ey* .an> this house I new houseD) on the ta.le (e;hi.it K* item $#)A 6n his evi en-e the a--use e;plaine that* a4ter the ar)ument* Lisa (arnum she sai she was leavin)A She wante to meet him at Westpa- so that she -oul -lose an a--ount (T/0$A$$)A (e )ave evi en-e that they ha 9ust re-eive the >eys to the new apartment an that is what his messa)e re4erre toA "0 ,n " ,-to.er "#$#* Mrs (arnum sent a te;t messa)e as>in) Lisa (arnum how she wasA She replie (e;hi.it K* item$$):

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Same as usualA Wal>in) time .om.s ; any minute .oom e;plosionsMMM

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Lisa sent three 4urther te;ts to her mother that ay* as 4ollows (e;hi.it K* items $"2$4):
Thin>in) a.out it more an more every ay* loo>in) at pla-es online .ut onBt want to )o throu)h the .ullshit a)ainA 6 miss my 4amily an 4rien s so mu-hA 6 have no li4eA 6Bm thin>in) o4 .rin)in) you own here to help me move my thin)sA 6t will have to .e a Hui-> 9o. thou)hA 6 onBt want to o anythin) stupi when 6Bm 4eelin) the way 6Bm 4eelin) at the momentA 6 4eel trappe * li>e 6 have to wat-h everythin) 6 say o 4eel* everythin)A 6 )ot in trou.le yester ay .e-ause 6 sai that 6 4elt -ol A So stupi A 6 haveA Coul pro.a.ly throw more stu44 out thou)hA (e woul pro.a.ly ma>e me )o ri)ht then an there without )ettin) my stu44A 6 have to .e prepare A 6t is o>ay* mama* it is o>ay* promiseA

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5lthou)h the 4irst o4 those messa)es su))ests that Lisa (arnum was -onsi erin) leavin) at that time* earlier an later messa)es su))est that* at times urin) the same wee>* they were )ettin) alon) wellA 6 have ultimately pla-e little wei)ht on the relationship evi en-e 4rom Septem.er an ,-to.er "#$#A 6t -on4irms that the relationship was at times tumultuous an that Lisa (arnum i threaten to move out 4rom time to time* a 4eature o4 the relationship relie upon .y .oth the Crown an the a--use A 3eyon that* 6 o not thin> the evi en-e o4 that perio is o4 any real assistan-eA

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<ro.a.ly in late Novem.er or early De-em.er "#$#* the a--use arran)e to have surveillan-e -ameras installe in the apartment at The (y eA (is reasons 4or oin) so were relate to se-urity -on-erns (T'$4)A (e enie that a purpose o4 those -ameras was to wat-h Lisa (arnumA (e sai she was present when they were .oth )iven instru-tions as to how to use the -ameras (T'$4A40)A

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The -ameras were installe .y Mr 1ames DrivasA (e installe two -ameras insi e the apartment an one outsi eA The two insi e -ameras were mounte on the wallA They were visi.le .ut i not loo> li>e -amerasA They ha the appearan-e o4 motion ete-torsA

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The -amera outsi e the apartment was a pinhole -amera pla-e ne;t to the oor an 4a-in) into the -orri or outsi e (e;hi.it 3)A 6t was installe in su-h a way as to .e virtually invisi.leA 5 poli-eman who >new it must .e there -oul not see it when he 4irst inspe-te that area (T449).

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The surveillan-e system was 4ully inte)rate A The -ameras were lin>e to a -omputer in the stu y (e;hi.it ":) an also to an e;ternal har hi rive en in the -eilin)A Mr Drivas sai that the 4un-tion o4 the e;ternal har

rive was to retain the 4oota)e in the event that the -omputer in the stu y was stolenA Con4usin)ly* however* he also sai that the system was set up so that the ima)es woul .e re-or e either to the -omputer in the stu y or to the e;ternal har %+ rive .ut not .oth (T%+%A+#)A

7a-h -amera -oul .e set either to re-or -ontinuously or to re-or only when motion was ete-te A 5 i44erent settin) -oul .e sele-te 4or ea-h -ameraA 7a-h -amera -oul .e swit-he o44 -ompletely (T%++A"$)A

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Mr Drivas sai that* i4 ima)es 4rom the pinhole -amera were .ein) re-or e to the -omputer in the stu y* that woul mean that i4 either o4 the other -ameras was on* they woul also .e re-or in) to that -omputer (as oppose to the har rive)A That was si)ni4i-ant evi en-e* sin-e poli-e i in 4a-t retrieve 4oota)e 4rom the pinhole -amera on the -omputer in the stu yA 6t woul 4ollow 4rom the evi en-e o4 Mr Drivas* i4 he was -orre-t* that no 4oota)e was .ein) re-or e to the har rive at that timeA

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Mr Drivas sai that* i4 only the pinhole -amera was re-or in)* that meant either that the other two -ameras ha .een swit-he o44 or that there was no motion* i4 they were on (T%++A$4)A 5ssumin) there was motion in the
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apartment an the pinhole -amera was re-or in)* the two visi.le -ameras must have .een o44 (T%++A$0)A The two visi.le -ameras were a.le to .e swit-he o44 .y sele-tin) the relevant -amera on the system an sele-tin) Cstop re-or in)DA %0 <ro.a.ly a 4ew wee>s .e4ore Lisa (arnum ie * Mr DrivasEs -ollea)ue* Mr Ross Car amis* went to the apartment at the reHuest o4 the a--use to -he-> the inte)rate systemA (e 4oun that it was not wor>in) properly (e;hi.it ++)A %: The a--use )ave evi en-e that the Cmotion re-or D mo e was still not wor>in) as at "+ 1uly "#$$ (T'$+)A (e sent a messa)e to Mr Drivas that ay sayin) CitEs still re-or in) 4ull I not on motionD (e;hi.it K* item $#+)A Mr Drivas i not reply to that messa)eA The a--use sent a 4urther messa)e two ays later to the same e44e-t (e;hi.it K* item$#/)A Mr Drivas a)ree to rop .y when he was ne;t in the -ity .ut i not in 4a-t )et a -han-e to o thatA 4# Mr Drivas sai that* a4ter the -ameras ha .een installe * he e;plaine to .oth the a--use an Lisa (arnum how they wor>e * how to turn them on an o44 an a.out the replay 4a-ility an the i44erent settin)sA 4$ <oli-e too> a photo)raph o4 the pla-ement o4 the -ameras on the mornin) o4 Lisa (arnumEs eath (e;hi.it L)A 6t shows .oth -ameras 4a-in) into the apartmentA ,ne is 4a-in) into the loun)eroomA Mr Drivas sai that was not the lo-ation in whi-h that -amera was installe .y himA (e sai it was installe 4a-in) towar s the 4ront oor* whereas in e;hi.it L it is 4a-in) outsi e* towar s (y e <ar>A Mr Drivas sai that the -ameras were a.le to .e move to 4a-e in i44erent ire-tionsA (e was a amant that the pla-ement o4 the -ameras as 4oun .y poli-e was not as installe .y himA (e sai it woul e4eat the purpose o4 havin) two -ameras to have them 4a-in) the same area (T%/$A+)A

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6 am satis4ie that the a--use pro.a.ly re2oriente that -amera to 4a-ilitate his o.servation o4 Lisa (arnumA Whether or not that was one o4 his ori)inal purposes o4 havin) the -ameras installe * 6 have no ou.t the a--use was usin) them 4or that purpose .y the en o4 the relationshipA So mu-h was in e44e-t a--epte in his evi en-e a.out the mornin) o4 %# 1uly "#$$A

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Durin) the post mortem e;amination* investi)ators 4oun a han written note 4ol e an torn into se-tions in the 4ront po->et o4 Lisa (arnumEs 9eansA When re-onstru-te * the note rea Cthere are -ameras insi e an outsi e the houseD (e;hi.it S)A The han writin) was Lisa (arnumEs (T:$A')A 6 will return to -onsi er the si)ni4i-an-e o4 that noteA

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Mrs (arnum sai that* towar s the en o4 "#$#* Lisa tol her that she -oul not wear resses an that the a--use tol her to wear pants an C9ust .asi- -lothesD (T%:A4+)A 5 te;t messa)e sent .y Lisa (arnum to her mother on $+ Novem.er "#$# state that they ha e-i e not to )o out to -lu.s any more a4ter that ni)ht .e-ause the a--use C)ets so upti)htD an C)ets un-om4orta.le with all o4 the )uys aroun D (e;hi.it K* item $:)A The a--use sai that messa)e was Huite a--urate (T'0/A%$)A The same ay* Lisa (arnum also wrote (e;hi.it K* item "#):
N Time 4or me to )row up an wear .i) )irl pants nowA This relationship sure has -han)e me a lotM 6Em mu-h more -alm than 6 was .e4ore* omesti-ate * -onservative* an aintyA 6 have nails now tooAt own have )rown Huite lon) an now 6 have natural ?ren-h mani-ureM 3ou)ht a whole .un-h o4 4lat an -asual shoes an no more -leava)e 6Em a4rai A Simon is terri4ie o4 summer an the .ea-hA (e sai we see lin) (si-) to have to 4in the .ur>a .athinsuit to wearA (ehe ;o;o

4+

The a--use a)ree that they ha spo>en a.out her wearin) 4lat shoesA (e sai that he thou)ht it was inappropriate 4or her to wear hi)h heels 9ust to )o to the shops (T'0/)A (e a--epte that he was a 9ealous partner* at times very 9ealousA (e sai that his 9ealousy was tri))ere .y his own inse-urities* LisaEs two previous relationships an sometimes the -lothes she woul wearA (e sai that she wore revealin) -lothes* sometimes no
2 $" 2

.ra* an that i4 she ran> al-ohol she .e-ame 4lirtatiousA (e a vise her to tone own on how mu-h she was revealin) o4 her .o y so as not to attra-t what he terme Cthe wron) attentionD or )ive out Cthe wron) si)nalD (T/:+A402T/:/A"#)A Mr Stri->lan ten ere a photo)raph o4 Cthe type o4 -lothes she woreD when the a--use C4elt 9ealousyD (e;hi.it "0G T0'"A"4)A She was -ertainly an e;tremely .eauti4ul womanA 4/ 6n De-em.er "#$#* Lisa (arnum went home to Cana a 4or ChristmasA She staye 4or a.out three wee>sA When she arrive * Mrs (arnum noti-e a -han)e in her appearan-eA (er hair was pulle .a->* she wore no ma>e2up an her -lothes were C.la->s an )reysNalmost military* very non2revealin)DA Mrs (arnum sai that was not what Lisa woul normally wear (T+/A$$)A The -han)e in appearan-e es-ri.e .y Mrs (arnum may .e o.serve in an al.um o4 photo)raphs ten ere .y the a--use (e;hi.it $:)A The i44eren-e .etween .irth ay inners is parti-ularly star> (photos ate $$ 1une "#$# an $" 1une "#$$ in e;hi.it $:)A The a--use -on4irme in his evi en-e that he was not -om4orta.le with Lisa (arnum wearin) revealin) -lothes an that he as>e her not to wear -lothes li>e that (T'04)A 4' Mrs (arnum sai that when her au)hter was in Cana a at Christmas* she sai she wasnEt to let her 4rien s >now she was there .e-ause the a--use he ha i not want her to )o out partyin)A The a--use a--epte that is-usse with Lisa (arnum .e4ore she went to Cana a that she

woul only visit her 4amily (T'0:A4')A (e sai that was .e-ause she )ave him Cthe same or erD (T':#A')A 40 Mrs (arnum sai that* urin) that visit* the a--use -alle Miss (arnum -onstantly wantin) to >now Cwhere she was* ma>e sure she was only with 4amilyNwhat she was wearin)* why she was at a mallD (T+'A$4)A Similar eman s .y the a--use may .e 4oun in an e;-han)e o4 te;t messa)es aroun that time (e;hi.it K* items "+ to %$)A (is tone in those messa)es is stern an patriar-halA (owever* other te;ts .etween them su))est that ea-h was -ontent to a--ept a e)ree o4 sel42impose or mutually a)ree
2 $% 2

-onstraint as to their so-ial a-tivities while she was away (e;hi.it $0* items " to +* $+ an $/G an see evi en-e o4 3ar.ara Gittany at T:%%A"")A 4: The mi;e o.9e-tive evi en-e prompts me to approa-h Mrs (arnumEs evi en-e as to the a--use Es persistent -onta-t urin) that trip with some -autionA She ne-essarily hear only one si e o4 the telephone -onversations an she was not privy to the many te;t messa)es also e;-han)e urin) that timeA 6 a--ept without eHuivo-ation her evi en-e as urin) that perio * .ut his vi)ilan-e was evi ently to the e)ree o4 -ontrol she o.serve was .ein) e;er-ise over her au)hter .y the a--use not entirely unre-ipro-ate A +# My assessment o4 the evi en-e o4 that perio is that Lisa (arnum an the a--use were in love with ea-h other at that time an were missin) ea-h other while they were apartA (owever* 6 am also persua e that Lisa (arnum was .y De-em.er "#$# .ein) su.9e-te to a e)ree o4 s-rutiny an +$ ire-tion 4rom the a--use that was over.earin)A

Mrs (arnum i not want Lisa to return to 5ustralia an su))este that she stay in Cana aA Lisa respon e that she still hel onto her ream o4 livin) in 5ustralia an that she wante to )o .a-> to try an ma>e that ream -ome true (T+'A"')A Mrs (arnum sai that* on more than one o--asion* Lisa (arnum tol her a.out ar)uments with the a--use relatin) to her appli-ation 4or resi en-yA She sai Lisa tol her the a--use ha sai he C>new people that -oul have her visa appli-ation -an-elle an that she ha 4ive minutes to pa-> her .a)D (T4'A%+G T$$"A:)A

+"

6t is important to note that that evi en-e was a mitte not as to the truth o4 the wor s attri.ute to the a--use .ut 4or the 4a-t that he sai those wor s to Lisa (arnum (as in4ormin) the nature o4 their relationship)A Mrs (arnum sai that her au)hter ha tol her o4 su-h threats 4rom the a--use at least 4ive times (T4'A$%)A

2 $4 2

+%

Lisa (arnum tol Lisa 3rown that she was worrie that i4 she le4t the a--use she woul not .e a.le to stay .e-ause o4 the visa (T$4'A4$)A Mi-helle Ri-hmon un erstoo her to have sai that a 4rien o4 the a--use was han lin) her resi en-y an ha her papers an that* i4 she an the a--use ar)ue * Che woul threaten that i4 she le4t him or i nEt o what he wante that she woul .e eporte imme iatelyD (T$'0A')A

+4

The a--use

enie ever tellin) Lisa (arnum that he ha a 4rien or

lawyer who -oul -an-el her appli-ation 4or permanent resi en-yA (e enie threatenin) to have her eporte imme iately (T/'/)A (e -alle evi en-e 4rom a mi)ration a)ent* Mr 1onathan Gran)er* with a view to esta.lishin) how unli>ely it is that he woul have sai su-h thin)sA (e relie upon the 4a-t that Lisa (arnum sai those thin)s to people as evi en-e o4 her .ein) unrelia.le or prone to em.ellishmentA ++ Mr Gran)er )ave evi en-e that Lisa (arnum was eli)i.le 4or a s>ille in epen ent visaA She ha en)a)e him to lo )e su-h an appli-ation well .e4ore she met the a--use A 6t was lo )e on "0 ?e.ruary "##: (e;hi.its %+ an %/)A The appli-ation was not epen ent upon Lisa (arnumEs .ein) in a relationship with any person (T:4+A40)A Mr Gran)er sai he was not a 4rien o4 the a--use A (e thou)ht he ha met him only on-e* with Lisa (arnumA +/ ,ne thin) that i emer)e 4rom Mr Gran)erEs evi en-e was that* i4 Lisa (arnum ha .een 4lown strai)ht to Cana a on short noti-e* it woul have -reate a -ompli-ation 4or her visa appli-ationA The s>ille mi)rant visa is an onshore -lass o4 visa (T:4'A4+)A 64 she ha travelle o44shore without 4irst o.tainin) a .ri )in) 3 visa* she woul have ha to o.tain a i44erent type o4 visa (su-h as a tourist visa) in or er to -ome .a-> onshore to pursue the appli-ationA +' Mr Stri->lan note that* in a re-or in) o4 a private -onversation .etween the a--use an Lisa (arnum* the a--use is hear to promise Lisa (arnum that they woul )o to Cana a to)ether as soon as her visa -ame
2 $+ 2

throu)h (e;hi.it LL)A Mr Stri->lan su))este that was in-onsistent with the a--use in e44e-t hol in) the visa issue over her hea as a threatA (avin) re)ar to the -onte;t o4 the -onversation* it provi es little .asis 4or assessin) what the a--use may have sai un er threat o4 Lisa (arnum leavin) himA +0 6 am min 4ul o4 the 4a-t that the a--ounts o4 Mrs (arnum an Mi-helle Ri-hmon on this issue are se-on 2han A They may not re4le-t wor s sai to Lisa (arnum .y the a--use A There is a ris>* 4or e;ample* o4 -on4usion .etween what Lisa sai the a--use threatene to o an what impa-t she sai the threatene -on u-t may have on her visa appli-ationA 64 Mrs (arnum was not 4amiliar with 5ustralian mi)ration law hersel4* it woul not .e surprisin) i4 some o4 the etail o4 her a--ount entaile -on4usionA +: 5s to its .ein) evi en-e o4 em.ellishment on the part o4 Lisa (arnum* 6 o not a--ept what was put on .ehal4 o4 the a--use A The 4a-t that Mr Gran)er was not a 4rien o4 the a--use oes not isprove the ma>in) o4 any threatA The evi en-e that Lisa (arnum sai the a--use threatene to rive her strai)ht to the airport )ivin) her no time to pa-> her thin)s has a -oheren-e with my assessment o4 other aspe-ts o4 the relationshipA 6 thin> it is li>ely that the a--use ma e su-h threats* whether or not he in 4a-t ha the power to -arry them outA /# Lisa (arnum i return to 5ustralia a)ainst her motherEs wishesA ,n "4 1anuary "#$$ she -onsulte a psy-holo)ist in Sy ney* Ms (elen Sharwoo A Ms Sharwoo is not a -lini-al psy-holo)istA She a ministere a Huestionnaire >nown as D5SS2"$ (a epression* an;iety an stress s-an) whi-h she uses as a s-reenin) toolA /$ Ms Sharwoo i not ma>e notes urin) the -onsultation .ut ma e notes urin) a heate ar)ument or

a4terwar sA She sai that those notes were ma e within a.out an hour or so o4 the -onsultation (T"%%A4$)A

2 $/ 2

/"

Ms Sharwoo )ave her evi en-e .y re4eren-e to those notes (e;hi.it ()A She sai that Lisa (arnum tol her that the a--use ha wante her to -ome C4or a relationship pro.lemDA She tol Ms Sharwoo that she was C4eelin) trappe DA The notes re-or the 4ollowin) (at T"%+A"/):
She 4eels she is losin) hersel4A (e ta>es her >eys* wonEt let her wear heels to the shops* tells her what to wear an ha her stop wor>A She tal>s .a-> to him an he oes not li>e thisA (e wonEt let her have her own opinionA (e wants her to .e su.missiveA (e uses wor s li>e OevilE* OpoisonousE* a Osna>eE to re4er to herA TearsA O6s that what a )oo relationship loo>s li>ePE 5s>in) i4 it is her 4aultA She is ou.tin) hersel4A There is no physi-al a.use* no su.stan-e a.use* she is not thin>in) o4 harmin) hersel4A Dis-usse whether it was her 4ault or that Simon was li>e thisA She spea>s to her mother in Cana a an she tells her to -ome homeA 6 tol her she nee s pro4essional support an o44ere to see her pro .ono i4 she -oul not a44or the 4eeA

/%

Curiously* Ms Sharwoo insiste that the wor s Cthere is no physi-al a.use* no su.stan-e a.use* she is not thin>in) o4 harmin) hersel4D (set out a.ove) i not re-or somethin) Lisa (arnum ha tol herA She spe-i4i-ally enie that Lisa tol her there was no physi-al a.use in the relationshipA She e;plaine that those were 9ust impressions she 4orme 4rom the D5SS2"$ (T"%'A"")A She )ave similar evi en-e as to the note that Lisa (arnum was not thin>in) o4 harmin) hersel4 (T"%:A%")A

/4

With no isrespe-t to Ms Sharwoo * who 6 thin> was en eavourin) to )ive an honest a--ount o4 her re-olle-tion* 6 am una.le to a--ept her evi en-e on that issueA 6 a--ept* as su))este .y Mr Stri->lan in -ross2 e;amination* that those notes pro.a.ly re-or answers )iven .y Lisa (arnum to spe-i4i- Huestions as>e .y Ms Sharwoo -onsultationA urin) the

/+

The notes also re-or Cshe -omes 4rom a poor 4amily where she is the only -hil DA 6n 4a-t* as esta.lishe .y the evi en-e o4 Mrs (arnum* Lisa (arnum ha a .rotherA (e was seven years ol er than herA
2 $' 2

//

Ms Sharwoo was as>e in -ross2e;amination whether Lisa (arnum ha a-tually sai that she was an only -hil A The witnessEs response was (T"4#A+):
64 it is in my notes then thatEs what 6 woul have written own an thatEs true* i4 it is in my notesA

/'

Mr Stri->lan relie on that evi en-e as an illustration o4 Lisa (arnum .ein) an unrelia.le historianA

/0

6 am not persua e that Lisa (arnum in 4a-t tol Ms Sharwoo that she was an only -hil A 6 have no ou.t that Ms Sharwoo en eavoure to re-or an a--urate a--ount o4 the -onsultationA (owever* she stru-> me as a person who -oul easily have .een -on4use a.out su-h etailA 6 thin> it is more li>ely that she either mishear or misun erstoo somethin) that was sai to her .y Lisa (arnum* or else re-alle that aspe-t o4 the is-ussion ina--urately at the time she -ame to ma>e her notesA

/: '#

Lisa (arnum i not return to see Ms Sharwoo a)ainA 6n ?e.ruary "#$$* the a--use pur-hase a -omputer pro)ramme whi-h ha the -apa-ity to monitor mo.ile telephone te;t messa)esA (e put the appli-ation on Lisa (arnumEs mo.ile phone an .e)an to monitor her te;t messa)es without her >nowle )e (T'#:2$#)A

'$

The a--use 4ran>ly a mitte this in his evi en-eA (e sai that he .ou)ht the pro)ramme .e-ause Lisa ha previously sai there was somethin) she ha not tol him* o4 whi-h she was ashame A They ha several is-ussions a.out this Cse-retDA The a--use .e-ame -on4use * upset an 4rustrate .e-ause his partner was hi in) somethin) 4rom him whi-h she was too ashame to tell him (T/:%2/:4)A (e sai that* 4or a.out two or three wee>s* he rea her te;t messa)es .ut that he i not noti-e anythin) that le him to the se-ret so he lost interestA

2 $0 2

'"

6 o not .elieve the a--use Es evi en-e on that issueA There is no re4eren-e in any o4 the te;t messa)es in evi en-e to any 4esterin) -on4li-t over a -losely2)uar e se-retA 6 thin> it was a prete;t put 4orwar .y the a--use in or er to e;-use an ine;-usa.le .rea-h o4 trustA

'%

3y that sta)e* Lisa (arnum ha not wor>e sin-e leavin) her employment at 3on i 1un-tion in May "#$#A 6n early "#$$* a4ter she returne to 5ustralia* she tol her mother that she wante to )et .a-> into the wor>4or-e an ha as>e the a--use a.out )ettin) a 9o.A Mrs (arnum sai Lisa tol her the a--use ha su))este she wor> 4or one o4 his 4rien s at a salon -alle Christopher (anna SalonA She tol her mother that she woul not .e pai 4or that wor> (T$$#)A She sai somethin) similar to Mi-helle Ri-hmon : that Simon ha )ot her a 9o. with a 4rien o4 his .e-ause he 4elt he was sa4e to wor> with an that she was not allowe to .e pai (T$''A"0)A

'4

The a--use sou)ht to esta.lish that Lisa (arnum ha in 4a-t .een pai 4or her wor> at Christopher (anna Salon an that what she tol her mother an Ms Ri-hmon on that issue was another instan-e o4 her .ein) an unrelia.le historianA

'+

6n 4a-t* what Lisa tol her mother on that issue was entirely -on4irme .y the evi en-e o4 Mr Steven (anna* the owner o4 CChristopher (anna (airDA Mr (anna >nows the a--use so-ially (T4$/A$#)A (e sai that he was approa-he 4or wor> 4or Lisa (arnum in "#$$A (e thou)ht it was a.out two months .e4ore her eath .ut later a)ree that it was pro.a.ly earlierA (e thou)ht it may have .een the a--use that approa-he him .ut was not sureA Mr (anna sai Che as>e me i4 6 ha any wor> )oin) .e-ause Lisa was )ettin) .ore at home an she wante 9ust some wor>D (T4$4A0)A Mr (anna sai he -oul not initially a44or to pay herA (e sai either the a--use or Lisa (arnum tol him that she was happy not to )et pai until he -oul a44or itA

2 $: 2

'/

Mr (anna was e;tremely va)ue a.out atesA (e thou)ht the perio

urin)

whi-h Lisa (arnum wor>e 4or him was a.out 4our wee>s in totalG that she ha not .een pai 4or Ca.out a wee>D an that a4ter that she ha .een pai A (owever* he a)ree that the arran)ement ori)inally was that she was not )oin) to .e pai (T4$4A"+)A (is evi en-e was a--or in)ly entirely -onsistent with what Lisa (arnum tol her mother* namely* that she Cwoul not .e pai 4or that wor>DA '' Mr (anna sai that Lisa (arnum was later pai in -ash at the rate o4 a.out L"# an hourA (e >ept no re-or s o4 those payments an i not e u-t ta;A 5s>e whether he ha any re-or s whatsoever o4 her wor>in) at the salon* Mr (anna sai : Cit was 9ust more o4 a 4rien ly thin)A 6t was 9ust li>e 8 she was a.le to -ome an )o as she please D (T4$+A$)A '0 6 i not 4in Mr (anna a parti-ularly -onvin-in) witnessA 6 o not >now whether to a--ept his evi en-e that Lisa (arnum was pai in -ash at some pointA (e -ertainly un erstate the perio urin) whi-h she was a volunteerA Te;t messa)es show that she starte wor>in) at the salon possi.ly on $: ?e.ruary "#$$ an -ertainly .y "4 ?e.ruary "#$$ (e;hi.it $0* items $#% to $"$)A ,ther messa)es esta.lish to my satis4a-tion that she was still not .ein) pai at least as at $+ 5pril "#$$* some seven wee>s later (items +# an +$ o4 e;hi.it K)A ?or reasons 6 will e;plain* that was pro.a.ly when she stoppe wor>* in whi-h -ase she may well not have .een pai at allA ': The a--use sai that Lisa (arnum i )et pai 4or wor>in) 4or Steve (annaA (e sai he >new that .e-ause she tol him (T/'4A"+)A (is evi en-e on that issue was )li. an un-onvin-in)A 6t was sHuarely -ontra i-te .y the te;t messa)es to whi-h 6 have 9ust re4erre A 6n any event* the important point is that Mr (annaEs evi en-e in 4a-t -on4irme the relia.ility o4 what Lisa (arnum tol her mother on that issue rather than un erminin) itA

2 "# 2

0#

Mr Stri->lan -ross2e;amine Mrs (arnum as to whether she >new that Lisa (arnum ha .etween L4#*### an L/#*### in her Westpa- a--ountA She sai that she i not >now that (T$$/A"+)A That evi en-e was evi ently le to support* in a )eneral way* the more spe-i4i- -ontention that Lisa (arnum was not a relia.le historianA

0$

Later in the trial* the a--use )ave evi en-e that he also i not >now Lisa (arnum ha a--ounts at Westpa- (T/'+A') an i not >now the amount she ha in those a--ountsA (owever* he later reveale that he i >now she hel an a--ount with that .an>A 5s alrea y note * he )ave evi en-e o4 an o--asion when they ha ar)ue an she sai she was leavin)A She wante to meet him at Westpa- so that she -oul -lose an a--ount (T/0$A$$)A (e spe-i4i-ally lin>e that event with the messa)e in whi-h he as>e her to leave all her >eys on the ta.le in-lu in) C.an>D* su))estin) they ha a sa4e eposit .o; (an see e;hi.it $+* entry ate / May "#$#)A Whilst that evi en-e may seem unimportant in itsel4* it re4le-te a versely on the -re i.ility o4 the a--use A 6t is -lear enou)h 4rom the later evi en-e that the statement that he i not >now she ha an a--ount with Westpamust have .een a lieA 6t was a lie tol with tellin) ease* evi ently 4or the sole purpose o4 is-re itin) Lisa (arnum .y .olsterin) a point raise .y his .arrister in the -ross2e;amination o4 Mrs (arnumA Why Lisa (arnum shoul ne-essarily have share with her mother or the a--use the etails o4 her -onsi era.le savin)s -olle-te over a perio o4 years is not -lear to meA 6t was mostly money she ha save .e4ore she met the a--use whi-h in-rease over the perio o4 their relationship almost entirely ue to the a--rual o4 interestA 6 o not thin> that evi en-e re4le-ts a versely on Lisa (arnumEs -re i.ilityA

0"

The a--use an Lisa (arnum ha an ar)ument on $: or "# ?e.ruary "#$$ whi-h resulte in their havin) a 4ew ays apartA Lisa (arnum evi ently tal>e to her mother a.out returnin) to Cana a 4ollowin) that ar)umentA They e;-han)e te;ts on "$ ?e.ruary "#$$ as 4ollows (items %' to %: o4 e;hi.it K):
2 "$ 2

Lisa (arnum: Sorry mommyA Still in .e A Too> a sleepin) pill .e-ause 6 nee e the sleepA Simon tol me last ni)ht that he was )oin) to Mel.ourne 4or ten ays to )ive us some spa-eA 7ven le4t the >ey 4or me heheA 6 am )oin) to see .a.lys to ay 4or a tal>A Mrs (arnum: Does that mean you arenEt -omin) homeP Lisa (arnum: 6 have to )o an see .a.lysA 6 nee to have a tal> with himA Simon an 6 ha a lon) hat (si-) an 6 tol him everythin) that 6 was 4eelin) an he a-tually listene an he sai that he was )onna )o an )ive me time to either thin> or pa->A 5n he le4t this mornin)A 6 really nee to tal> to some.o y thatEs why 6 .oo>e an appointment with himA;

0%

The a--use sai they ar)ue .e-ause she thou)ht his ea)erness to )et her a 9o. was ue to his not wantin) to Chan) out with herD (T/::A%%)A That seems unli>elyA 6n a te;t messa)e to her mother the previous Thurs ay* she sai she was e;-ite a.out Ca trialD the 4ollowin) wee> an that it woul .e )oo 4or them* presuma.ly meanin) it woul .e )oo 4or the relationship i4 she returne to wor> (e;hi.it $0* item 0+)A

04

That messa)e was sent on $' ?e.ruary "#$$A The a--use sai they went to see Steven (anna to)ether that ay (T/0" an e;hi.it 40)A The ne;t ay (?ri ay $0 ?e.ruary "#$$)* the a--use was in -onta-t with Mr (anna a.out Lisa wor>in) on the Satur ay* .ut only on the re-eption es> (e;hi.it K* items %% to %+)A There is no evi en-e as to whether she in 4a-t wor>e that ayA She appears to have starte wor>in) at the salon re)ularly on "% or "4 ?e.ruary "#$$* .ut only on the re-eption es>* not as a hair resser (e;hi.it $0* items $## to $"$ an $": to $%%)A

0+

(avin) re)ar to the -hronolo)y o4 those events an Lisa (arnumEs su.seHuent -omplaints that she was only allowe to wor> in a position with whi-h the a--use 4elt -om4orta.le (e;hi.it K* item +$G T$''A":)* 6 o not a--ept the a--use Es evi en-e that the su.9e-t o4 the ar)ument was as he es-ri.e A 6t seems more li>ely that they ar)ue .e-ause she wante to wor> as a hair resser an was unhappy a.out his arran)in) a position 4or her as Mr (annaEs re-eptionist instea A
2 "" 2

0/

3y the en o4 Mar-h "#$$* Lisa (arnum was a)ain -onsi erin) leavin) the a--use A There was evi en-e as to that perio 4rom Ms Re.e--a Tris-aruA She ha >nown Lisa (arnum sin-e late "##:* .e4ore Lisa (arnum met the a--use A Ms Tris-aruEs .oy4rien was Mr 1oe ?ilianos* who is a -ousin o4 the a--use A ,ver the months a4ter they met* Ms Tris-aru an Lisa (arnum .e-ame -lose 4rien sA They spo>e to ea-h other o4ten on the phone* sent many te;t messa)es to ea-h other an re)ularly saw ea-h other (T%':2T%0#)A 6t shoul also .e note that* in epen ently o4 the 4rien ship .etween Lisa (arnum an Ms Tris-aru* the a--use seems to have o44ere 4rien ship an support to Ms Tris-aru at various timesA

0'

Ms Tris-aru also spent time with Lisa (arnum an the a--use to)etherA She thou)ht they were a )oo -ouple to)ether an e;presse that view to ea-h o4 them on several o--asionsA

00

,n ": Mar-h "#$$* Lisa (arnum -omplaine to her mother that she an the a--use were Chavin) omesti-sD an that he ha sai some very hurt4ul thin)s (e;hi.it K* item 4#)A Lisa (arnum ha lun-h with Ms Tris-aru the 4ollowin) ay (e;hi.it $0* items "$4 an "$+)A 54ter the lun-h* Ms Tris-aru sent a messa)e to Lisa (arnum in whi-h she wrote that she (Lisa) shoul C o what her heart tells her to oD (T%0"A"4)A Ms Tris-aru later re-eive a telephone -all 4rom the a--use A She sai he >new a.out the messa)e an was Huite upsetA (e tol Ms Tris-aru that he i not want her to )et involve an i not want her to spea> to Lisa (arnum anymore (T%0%A$/)A The a--use a)ree that he was very a.usive to Ms Tris-aru in that -onversation (T0""A%$)A

0:

The 4ollowin) ay Lisa (arnum sent a te;t messa)e to Ms Tris-aru ate $ 5pril "#$$ as 4ollows (T%0+A""):
(i sweetheart* how are youP 6 4eel so .a a.out what happene last ni)htA Simon tol me that he -alle you an apolo)ise A (e thou)ht we were plottin) an es-ape to)etherA Su-h a .oyA 6 hope
2 "% 2

you are o>ay an not upsetA 6 really value your 4rien ship an am so )la you are in my li4eA Qou are su-h a .eauti4ul soul an 6 hope that you still want to .e 4rien sA 6 hope you ha a )oo ay an that interviews are )oin) wellA 6 love you honeyA

:#

Notwithstan in) the terms o4 that messa)e* it appears that Lisa (arnum was in 4a-t plannin) to leave the a--use at that timeA She sent a num.er o4 messa)es to her mother es-ri.in) how sa * alone an unwante she was 4eelin)A ,n the evenin) o4 %$ Mar-h her mother as>e Cso are you movin) outPD (e;hi.it K* item 40G e;hi.it $0* item ""4)A She replie the 4ollowin) ay (e;hi.it K* item 4/G e;hi.it $0* item """):
We have tal>e a.out everythin) an he has -an-elle the 4li)htA Thin)s )ot elevate an out o4 han A 3a)s are pa->e at the oorA (ouse is in isarray .ut all is soun a)ainA 6 -anEt .elieve we )ot the money .a-> 4rom the 4li)htA R;

:$

Lisa (arnum was still wor>in) 4or Mr (anna at that timeA Mr (anna -oul not remem.er when or why she stoppe wor>in) 4or him (T4$+)A Mrs (arnum )ave evi en-e that Lisa tol her the a--use wante her to Huit wor>in) 4or Mr (anna .e-ause Cshe was -han)in) an wearin) her hair own an )ettin) to .e so-ial with some other people* an he i nEt li>e itD (T%0A"+)A That evi en-e was a mitte not as to the truth o4 the statement as to why Lisa (arnum stoppe wor>in) at the hair salon .ut only as to the 4a-t that the a--use sai those wor s to her (T%02T%:)A

:"

Mi-helle Ri-hmon )ave similar evi en-e* as 4ollows (T$''A%024/):


5A Ce-ilia sai that Simon sai she wasnBt to .e pai A 5n that one ay one o4 the )irls i her hair .eauti4ully an she 4elt really .eauti4ul .ut when she )ot home* .e-ause her hair was out* Simon .e-ame an)ry an a))ressive an she wasnBt allowe to )o .a-> to wor> at the hair resserA =A Di she say anythin) a.out what Simon ha sai a.out the people at her wor>P 5A She sai that she shoul nBt .e with other people .e-ause they woul -orrupt her or pollute her* wor s o4 that e44e-tA

:%

The a--use

enie tellin) Lisa (arnum to stop wor>in) at the salon or

sayin) that the people she mi;e with there woul -orrupt or pollute her
2 "4 2

min (T/'4A%')A (e sai that the reason she stoppe wor>in) was that she was not )ettin) alon) with some o4 the )irls there an was also havin) isputes with -lients who ha .een o44ere (T/'+A$)A :4 6n the te;t messa)es ten ere .y the Crown an the a--use (e;hi.its K an $0)* the latest uneHuivo-al re4eren-e to Lisa (arnum .ein) at wor> appears to .e a messa)e ate $4 5pril "#$$ (e;hi.it $0* item "4+)A 6nterestin)ly* there is a messa)e only " ays later in whi-h the a--use .erates Lisa (arnum 4or havin) her hair ownA 6t is appropriate to -onsi er the 4ull e;-han)eA ,n $+ 5pril "#$$* the a--use wrote (e;hi.it K* items +#2+"G e;hi.it $0* items "4/2"40):
Sin-e you )ot attitu e I you ma e the -omment a.out me wor>in) urin) the ay yester ay* there are two .ills worth :## one 4or ele-tri-ity I one 4or telstraA 6 want you to pay 4or them 4rom your own moneyA

is-ounts .y Mr (anna

:+

Lisa (arnum replie :


64 6 ha a 9o. that pai me money instea o4 somethin) that you are -om4orta.le with then may.e 6 -oul pay somethin)A Qou are a heartless heartless personA

:/

The 4ollowin) evenin)* the a--use wrote:


Who the 4u-> o you thin> you are wal>in) aroun the house li>e you own it or -omin) I )oin) without my permissionPM 5)ain 6 waite 4or you to apolo)iSe 4or your is)ustin) -omment .ut you wal> aroun li>e a pea-o-> with your hair out I too prou to apolo)iSeA Qou lie to me I promise you woul listen to me at all timesA ,.viously* youEre still the prou person I nothin) has -han)e M

:'

The a--use sai the last messa)e was sent .y him in the -onte;t that they ha ar)ue a.out a ress Lisa wante him to .uy 4or herA (e sai it was a Ki-toria 3e->ham ress worth a 4ew thousan ollars an he ha sai no .e-ause they were savin) money 4or his .usiness* whi-h was startin) in a 4ew monthsA (e sai the -omment she ha ma e whi-h
2 "+ 2

o44en e him was that it was the manEs 9o. or uty to .uy her whatever she wante (T'## to '#$)A :0 6 o not .elieve the a--use Es evi en-e on that issueA 6t was one o4 a num.er o4 o--asions when 6 ha the impression he was )ivin) a istorte version o4 the truth in or er to e4le-t a verse evi en-e or 9ust to eni)rate Lisa (arnumA The a--use Es evi en-e that he was -on-erne a.out savin) money at that time oes not rin) true* -onsi erin) many other aspe-ts o4 his li4estyle 8 a--ommo ation* travel* restaurants an personal trainersA Mr (anna ma e no re4eren-e to Miss (arnum not )ettin) alon) with some o4 the )irlsA (e sai he ha thou)ht har an really -oul not remem.er why she stoppe wor>in) 4or him (T4$+)A (avin) re)ar to the terms o4 the last messa)e an the evi en-e o4 Mrs (arnum an Mi-helle Ri-hmon as to what Lisa (arnum tol them* 6 am satis4ie that the a--use .erate Lisa (arnum 4or -omin) home loo>in) .eauti4ul with her hair own an that he tol her he i not want her to wor> at the salon any more a4ter that timeA :: The $"th o4 1une "#$$ was Lisa (arnumEs %#th .irth ayA The a--use arran)e a surprise .irth ay party 4or herA 5ll o4 his 4amily atten e A 6n their presen-e* in a restaurant* he surprise her 4urther .y proposin) to her on .en e >neeA $## 6 have no ou.t that Lisa (arnum was happy an e;-ite a.out .e-omin) en)a)e to the a--use A 5 num.er o4 witnesses )ave evi en-e to that e44e-t (see evi en-e o4 Re.e--a Tris-aru at T%0'A"'G Daniel Jarpathios at T4#0A+#G a--use at T'#"A4/G 3ar.ara Gittany at T:%%A%:)A $#$ Lisa (arnum sent a messa)e to her 4rien in Mel.ourne* Ms Gisele <ratt* that the a--use ha or)anise a surprise party 4or her with his 4amily an 4rien s an ha ma e a lon) spee-h at the en o4 whi-h he propose to her in their presen-e (T""$)A

2 "/ 2

$#"

She also sent an e;-ite messa)e to her mother* as 4ollows ( T109.20):


Than> you so mu-h 4or the 4lowers an .eauti4ul .alloons an -ar A 6 wish you were here with me to -ele.rate this with meA Simon has ma e me a promiseA 64 6 )et to +# >ilos with trainin) an >eep it 4or at least two wee>s then he will 4ly us .oth to Cana a to see youA So 4ar* 6 have tire !s-il: three& >ilos to )oA

$#%

(owever* within a wee>* the a--use an Lisa (arnum were ar)uin) a)ainA The a--use sai it was .e-ause Lisa wante to )et marrie as soon as possi.le* whereas he wante to wait (T'#%)A ,n $0 1une "#$$* he sent the 4ollowin) messa)e to her (e;hi.it K* item /#):
Ce-ilia you are my 4ian-T I 6 love you .ut we .oth >now you have some pro.lems that e44e-t the moo o4 our relationship at times .ut you re4use to a mit itA <lease pray to Go so he -an help you )et ri o4 these ha.itsA 6 love you I want a 4uture 4or usA <lease )et ri o4 themM Wor s 4rom my heartA

$#4

She replie (e;hi.it K* item /$):


6 love you too Simon an 6 o pray every sin)le ay 4or Go to ma>e me a .etter personA Simon no one is per4e-t an 6 may have thin)s a.out me that 6 nee to wor> on .ut it .rea>s my heart to thin> that instea o4 helpin) me in a -onstru-tive way you resort to yellin) an tellin) me to )et ri o4 my 4aults or we wonEt wor>A My whole li4e all 6 wante was to .e a--epte A Qou >now the worst part o4 my -hil hoo was )irls surroun in) me at s-hool an tellin) me to -han)e or they woul ma>e my li4e hellA 6 i nEt even >now what 6 i wron)A 6 onEt 4eel sorry 4or mysel4 SimonA 6 have no.o y le4t to ma>e 4eel that wayA There are thin)s we o.viously nee to thin> a.out .e4ore we )o any 4arther with thisA Neither i4 us want to ma>e a mista>eA

$#+

The a--use respon e (e;hi.it K* item /"):


,> so you want me to help you )et throu)h this in a -onstru-tive wayP Sure no pro.lemA 3tw* 6 i nEt li>e your last 4ew lines* onEt use 4ear o4 loss on me Ce-iliaM 6Em the one as>in) you to 4i; thin)s .e4ore we )o ahea .ut without the 4u->in )amesA

$#/

The 4ollowin) ay* Lisa (arnum sent an email to her mother in i-atin) she was -onsi erin) movin) to Mel.ourne (e;hi.it C)A She -onta-te her 4rien * Gisele <rattA They ha share an apartment in Mel.ourne in "##+
2 "' 2

an ha remaine 4rien s sin-e that timeA Ms <ratt ha met the a--use on-eA She owne an investment property in Mel.ourneA ,n $: 1une "#$$* Lisa (arnum sent her a te;t messa)e as>in) whether she ha 4oun tenants 4or the apartment or whether it was availa.leA Durin) that e;-han)e* Ms <ratt as>e Lisa how she was 4eelin) a4ter the e;-itement o4 the en)a)ement the previous wee>en A She replie Cthe e;-itement has 4iSSle * it oesnEt last lon)D (T"""A$+)A $#' The 4ollowin) ay* "# 1une "#$$* Lisa (arnum -alle Ms <ratt on her mo.ile telephoneA Ms <rattEs evi en-e was that Lisa was very istresse in that -onversationA She was -ryin) an ha trou.le tal>in)A She sai that she ha ha a .i) ar)ument with Simon an that Cit was overDA She sai she wante to leave him an that he ha sai i4 it was over she ha to )o .a-> to Cana aA She sai she wante to stay in 5ustralia an so as>e Ms <ratt whether she -oul -ome an stay with her in Mel.ourneA $#0 Ms <ratt tol Lisa (arnum that she was wel-ome to stay in the investment property until she 4oun a tenant an that she was wel-ome to stay with Ms <ratt a4ter thatA Lisa (arnum too> the a a $#: ress (T"%%A%)A ress o4 the investment property so that she -oul or)anise 4or her .elon)in)s to .e sent to that

5t a.out "A## pm that ay* Ms <ratt re-eive a te;t messa)e 4rom Lisa (arnum to say that she ha or)anise a 4li)ht to Mel.ourne the 4ollowin) ay ("$ 1une "#$$) at +A4+ pmA Later that ay* Ms <ratt re-eive a -all on her mo.ile telephone 4rom the a--use A Ms <ratt sai Che eman e that 6 tell Lisa that she -oul not stay with me an that she shoul not )o to Mel.ourneD (T""4A$+)A

$$#

The a--use tol Ms <ratt that he >new she an Lisa ha .een in -onta-t an that Lisa was plannin) to -ome to Mel.ourneA (e in i-ate that Lisa was not aware that he was -allin)A Ms <ratt sai that his tone was eman in)A She sai that she respon e as 4ollows (T""4A%'):
2 "0 2

6 sai that* that 6 -ertainly woul not lie to Lisa* an there was no reason 4or me to o so* that 6 woul not turn .a-> a 4rien who as>e 4or my helpA

$$$

Ms <ratt sai that the a--use Es tone then -han)e A (e e;plaine that they ha ha an ar)ument an that Lisa (arnum was C.ein) stu..ornDA She i not want to a mit somethin) she ha one* an he i not thin> she shoul )o to Mel.ourne .e-ause he wante them to try an resolve the matterA The a--use mentione that Lisa (arnum ha C-han)e her status on ?a-e.oo>DA Ms <ratt ha in 4a-t alrea y noti-e hersel4 that Lisa (arnum ha -han)e her status 4rom Cen)a)e * in a relationshipD to Csin)leD (T""+A$')A The a--use -ommente to Ms <ratt that this was em.arrassin) 4or him* as was the 4a-t that Lisa (arnum ha is-usse their ar)ument with othersA Ms <ratt a)ree in -ross2e;amination that the a--use tol her that when they ar)ue * Lisa woul say that she was )oin) to leave himA Ms <ratt was aware that that was somethin) Lisa (arnum ha one in a previous relationship with a man -alle ?ran> 3reen (T""0A/)A

$$"

Ms <ratt tol the a--use that* i4 Lisa (arnum wante to -ome to Mel.ourne* she woul -ertainly not turn her away an woul .e there 4or her (T""/A")A The a--use then reHueste Ms <ratt* i4 she was )oin) to tal> to Lisa (arnum* to remin her o4 the )oo thin)s in their relationship an what she woul lose shoul she en itA (e as>e Ms <ratt not to tell Lisa (arnum that he ha -alle A

$$%

The a--use )ave a sli)htly i44erent version o4 eventsA (e sai (T'#4):


6 run) up Gisele an 6 sai to Gisele* UGisele* we are ar)uin) at the moment an Ce-ilia tol me that she is )oin) to -ome own an stay with youA 6 trie to tal> to her an she wonBt listen to meA She is very upset with me a.out the we in) ateA 6 was won erin) i4 you -oul have a tal> to her an spea> to herA She is your 4rien A May.e she will listen to youAU Gisele sai * USimon* i4 she wants to -ome an stay with me* 6 wonBt tell her that she -anBtAU 6 sai * U6 un erstan thatU* .ut Gisele sai U6 will have a tal> to her 4or you an see what 6 -an 2 9ust see what happensUA Gisele also sai to me* U6 un erstan how Ce-ilia is* 6 have >nown her 4or a while an 6 remem.er her with ?ran> an how she a-te with
2 ": 2

?ran>UA So Gisele sai to me she was aware o4 the way Ce-ilia a-te in a relationshipA

$$4

To the e;tent that those a--ounts i44er* 6 a--ept the evi en-e o4 Gisele <ratt* who was a strai)ht4orwar * intelli)ent an -are4ul witnessA

$$+

Lisa (arnum -alle Ms <ratt later that evenin) an sai she was not -omin) to Mel.ourne an that she an the a--use were )oin) to try to resolve the issues .etween themA Ms <ratt tol Lisa (arnum not to hesitate to -all i4 she wante to an reiterate that she was wel-ome to -ome an stayA That was the last time Ms <ratt spo>e to Lisa (arnumA

$$/

The a--use

enie ever is-oura)in) Lisa (arnum 4rom havin) any oin) anythin) to is-oura)e LisaEs 4rien ship with

4rien shipsA (e enie Gisele <ratt (T/''A%+)A $$'

,n ?ri ay "4 1une an Satur ay "+ 1une "#$$* the a--use an Lisa (arnum went s>iin) in <erisher with Mr ?ilianos an Ms Tris-aruA Ms Tris-aru state that* .e4ore that trip* she ha noti-e a -han)e in Lisa (arnumEs emeanourA She sai (at T%0/A%#):
There woul .e o.viously ays where she woul .e happy* an there woul .e ays where 6 4elt she wasnEt as happy as how 6 ha >nown her to .e NA6 )uess you -oul 9ust see on her that she i nEt seem as vi.rant an as happy as 6 ha >nown her to .eA

$$0

54ter the trip Ms Tris-aru sent a te;t messa)e to Lisa (arnum than>in) her 4or a won er4ul wee>en (at T%:+A%)A Ms Tris-aru i not see Lisa (arnum in person a)ain a4ter the <erisher trip (T%0/A%')A She ha -onta-t with her throu)h te;t messa)es .ut the -onta-t was e-rease A She sai that nothin) ha o--urre urin) the trip to <erisher that woul e;plain why there was so mu-h less -onta-t .etween them a4ter that trip (T%::A:)A She sai C6 still onEt un erstan to this ay why the -onta-t .e-ame so minimalD (T%::A%)A

2 %# 2

$$:

The a--use

enie ever is-oura)in) Lisa (arnumEs 4rien ship with

Ms Tris-aruA (e attri.ute the -oolin) o4 their relationship to the 4a-t that Ms Tris-aru ha )ot .a-> with her .oy4rien A (e sai that* urin) the trip to the snow in late 1une "#$$* Lisa (arnum ha or)anise eaten an inner 4or the 4our o4 them .ut that Ms Tris-aru an her .oy4rien sai they ha alrea y i not )o to the innerA The a--use sai Cwhen we )ot to inner Ce-ilia starte -ryin) an she starte to realise that Re.e--a* now that she has 1oe* wasnEt intereste in their 4rien ship anymore an she was hurt as a result an sin-e then she starte to slowly lose -onta-t with 3e- (T/''A"#G an see T'$#A%#)A 3ar.ary Gittany )ave evi en-e to li>e e44e-t (T:%4A$)A $"# ,n ' 1uly "#$$* Ms Tris-aru an Lisa (arnum e;-han)e the 4ollowin) messa)es:
Re.e--a: (ey (un are you o>ayP 6 never hear 4rom you these aysP

Lisa (arnum: Qeah 6Em 4ine 9ust .een .usy with my man I his 4amilyA Re.e--a: ,>ay 6 un erstan A So your not upset with me a.out anythin) are youP Qou 9ust onEt seem yoursel4A

$"$

Ms Tris-aru -oul not re-all re-eivin) any reply to her se-on messa)e an i not thin> she ha spo>en to Lisa (arnum a4ter that ate (T%:0A%#)A

$""

The a--use ha a ri4t with Ms Tris-aruEs .oy4rien * 1oe ?inianos at aroun that timeA ,n "$ 1uly "#$$* the a--use sent Mr ?inianos the 4ollowin) te;t messa)e (e;hi.it K* item :#):
No .o y ma e up any stories 1oA Qou have a.solutely no ri)ht to .e upset with me at allA 6 have one $### times more 4or you* your )irl4ien I your .rother than all o4 you put to)ether have one 4or meA What hurt me the most a.out you was neither you or your 4amily -ame to my en)a)ement I you never even ma e it up to me as you promise A 6Eve always pai my respe-t towar s your 4amily so onEt even try I ma>e me loo> li>e a liar -uSA
2 %$ 2

$"%

(avin) re)ar to the 4on ness o4 their ealin)s up until that time* it seems unli>ely that Lisa (arnum woul have allowe her len)thy 4rien ship with Ms Tris-aru to -ool over an event su-h as the <erisher innerA 6t seems more li>ely* havin) re)ar to the apparent ri4t .etween the a--use an Mr ?inianos at that time* that the a--use prevaile upon Lisa (arnum to is-ontinue -onta-t with Ms Tris-aruA (owever* the evi en-e oes not permit me to raw any -on4i ent -on-lusion on that issueA

$"4

Lisa (arnum ha .een a an-er until the a)e o4 $/A Mrs (arnum sai that* a4ter Lisa )ave up an-in)* she -ontinue re)ular e;er-iseA Mrs (arnum sai Lisa tol her that she an the a--use use to )o to a )ym to)ether .ut that* at some sta)e* the a--use sai he i not want her to )o to the )ym anymoreA

$"+

The a--use

enie ever tellin) Lisa (arnum that he i not want her to

)o to any )ym (T/'$A%4)A (e sai that she ha .een trainin) with Daniel Jarpathios .ut that she stoppe .e-ause he )ave her a list o4 4oo to eat whi-h was mainly -ar.ohy ratesA The a--use sai she 4elt .a that she wasnEt 4ollowin) what Daniel as>e her to o in terms o4 eatin) so she ma e e;-uses not to )o to the )ym (T/'$A44)A Daniel Jarpathios also sai that Lisa (arnum ha ma e Ce;-usesD when she stoppe trainin) with him (T4#0A%)A $"/ Mrs (arnum sai that Lisa tol her that* a4ter sayin) that he i not want her to )o to the )ym any more* the a--use provi e a trainer to -ome to the house to provi e trainin) 4or Lisa (arnum (T%/A":)A She tol her mother that the reason 4or the -han)e was that people loo>e at her at the )ym an the a--use i not li>e thatA She tol her mother that she i not li>e the 4a-t that she -oul not )o to the )ym .ut she a--epte itA Mrs (arnum .elieve the -han)e o--urre in "#$$A $"' 6t was in early 1uly "#$$ that Lisa (arnum .e)an trainin) with the personal trainer* Lisa 3rownA Ms 3rown )ave her evi en-e in a 4orthri)ht an open
2 %" 2

mannerA 6 a--ept her evi en-e as wholly honest an relia.leA (owever* in -onsi erin) her evi en-e an that o4 Mi-helle Ri-hmon as to thin)s sai to them .y Lisa (arnum* 6 have a)ain ha to approa-h the evi en-e with -aution* .earin) in min the inherent short-omin)s o4 a hearsay a--ountA 6n the -ase o4 Lisa 3rown* she ha many -onversations over a relatively short perio * mostly 4a-e to 4a-e an presuma.ly not anti-ipatin) that she woul ever have to re-all those -onversations 4or the purpose o4 )ivin) evi en-eA She ha some -ontemporaneous re-or s* in-lu in) SMS messa)es* to prompt her .ut too> no notesA <lainly* there is a ris> that she may have misremem.ere or misun erstoo some o4 the many thin)s Lisa (arnum tol her urin) that timeA $"0 Separately* 6 have -onsi ere whether Lisa (arnum is li>ely to have overstate the .a si e o4 her relationship to Lisa 3rownA Ms 3rown is a stri>in)ly warm an stron) woman who 6 apprehen woul have ma e Lisa (arnum 4eel sa4eA 6 thin> it is li>ely that Lisa (arnum woul have -on4i e honestly in Lisa 3rown* .ut 6 have also ha re)ar to the ris> o4 e;a))eration in people who are stru))lin) to -opeA $": Lisa (arnum 4irst -onta-te Ms 3rown in a te;t messa)e ate / 1uly "#$$ in whi-h she e;presse an interest in trainin) % to + ays a wee> at home or at the )ym in her apartment (e;hi.it K* item 0")A Ms 3rown -alle Lisa (arnum in response to that messa)eA Lisa tol her that she ha .een a an-er in the past an that she ha stru))le with eatin) isor ersA She sai that she wante to improve her health in or er possi.ly to -on-eiveA She sai that she was un erwei)ht an that she wante to put some wei)ht on (T$%42$%+G an see e;hi.it D)A $%# Lisa (arnumEs 4irst trainin) session with Ms 3rown was s-he ule 4or We nes ay* $% 1uly "#$$A Ms 3rown went to their apartmentA She met the a--use an a)ree to provi e trainin) servi-es 4or .oth o4 them 4or an a)ree wee>ly sumA Ms 3rown then went with Lisa (arnum to the )ym on level 0A She was inten in) to o physi-al trainin) .ut they en e up 9ust
2 %% 2

tal>in) that ayA Ms 3rown )ave the 4ollowin) a--ount o4 their -onversation (at T$%/A%#):
N she really wante to ma>e -han)es .e-ause she >new that she wasnEt happy an she was un erwei)ht* she was unhappy with the way she was un erwei)ht an she was really wantin) to have a .a.y an she un erstoo in or er to o that she was )oin) to have to put some .o y 4at on an )et into a )oo healthy state in or er 4or that to happenA

$%$

Durin) that session* Ms 3rown re-ommen e that Lisa (arnum -onsult Ms Mi-helle Ri-hmon * who was a 4rien o4 Ms 3rownEs an someone to whom she ha previously re4erre -lientsA Ms 3rown sai that Ms Ri-hmon -oul help -lients Cun erstan the patterns that arenEt servin) them an .e a.le to )et -ontrol o4 their livesD* espe-ially with eatin) isor ersA

$%"

Ms 3rown tol Lisa (arnum that her trainin) woul .e epen ent upon her eatin) an that* i4 she starte to lose more wei)ht* Ms 3rown woul not train her .e-ause it woul not .e healthyA Durin) that session Lisa (arnum tol Ms 3rown that she love the a--use an was wantin) to have a .a.y with himA She as>e Ms 3rown not to is-uss anythin) they ha tal>e a.out with the a--use A She was very 4irm in that reHuest (T$%'A$4)A

$%%

Ms 3rown sai that* on the way .a-> to the unit* Lisa (arnum stron)ly emphasise that she i not wish Ms 3rown to tell the a--use what they ha spo>en a.outA When they arrive at the unit* the a--use as>e Ms 3rown what they ha ha oneA She respon e 9ovially that that was -lient oneA She sai they privile)eA (e insiste that she tell him what they ha posture (T$%0A"$)A

one some movement pattern analysis an ha s-reene LisaEs

$%4

Lisa (arnum ha her se-on session with Ms 3rown the 4ollowin) ayA ,n that o--asion* Ms 3rown i in 4a-t analyse Lisa (arnumEs movement patterns (T$4#A%0)A
2 %4 2

$%+

The 4ollowin) wee>* Lisa (arnum traine with Ms 3rown on Mon ay* We nes ay an Thurs ay ($0* "# an "$ 1uly "#$$)A 7a-h o4 those sessions was hel in the )ym in The (y e apartment .uil in)A

$%/

Durin) one o4 those sessions* Lisa (arnum tol Ms 3rown that she ha .een in tou-h with Mi-helle Ri-hmon A She tol Ms 3rown that she i nEt have any 4rien s an i nEt see any.o y other than Ms 3rown an i not li>e her to (T$4$A%')A Mi-helle Ms Ri-hmon .e-ause the a--use

Ri-hmon )ave similar evi en-e* sayin) that Lisa (arnum tol her that she that Lisa 3rown were the only people she ha -onta-t with apart 4rom her mother (T$''A$%)A $%' Mr Stri->lan relie on the statement to Lisa 3rown (that the a--use an em.ellishe or unrelia.le a--ount o4 eventsA (e su.mitte that the evi en-e shows that the a--use a-tively en-oura)e Lisa (arnumEs 4rien ship with Re.e--a Tris-aru (parti-ularly in the re-or in) o4 a -onversation on $# 1une "#$$ in e;hi.it LL)A Whilst that was -ertainly the -ase at times* it was not the -ase at the en o4 Mar-h when the a--use eman e that Ms Tris-aru not spea> to Lisa (arnum anymoreA ?or the reasons alrea y e;plaine * 6 thin> the a--use may have is-oura)e Lisa (arnum 4rom seein) Ms Tris-aru a4ter his ri4t with 1oe ?ilianosA Whether or not that is the -ase* what Lisa (arnum sai to Ms 3rown a.out 4rien ships was* on the evi en-e .e4ore me* sa ly a--urateA $%0 Mi-helle Ri-hmon also )ave e;tensive evi en-e o4 thin)s Lisa (arnum sai to her* a)ain raisin) the nee to )ive -are4ul -onsi eration to the potential unrelia.ility o4 an a--ount )iven throu)h the mouth o4 another witnessA 5t the reHuest o4 Lisa (arnum* Ms Ri-hmon too> no notes o4 two len)thy sessionsA She was a -are4ul* intelli)ent witnessA 6 have no ou.t as to the honesty an relia.ility o4 her a--ount .ut 6 have >ept in min the ris> o4 misun erstan in) or misremem.erin)A Separately* 6 have turne my min to the issue whether* havin) 4oun a )oo an
2 %+ 2

not li>e her to have 4rien s) as one o4 the e;amples o4 Lisa (arnum )ivin)

sympatheti- listener* Lisa (arnum may have e;a))erate the ownsi e o4 her relationship to Mi-helle Ri-hmon A $%: 5s with Ms 3rown* Ms Ri-hmon -onveys a stri>in) warmth an )entle stren)thA 6 thin> it is li>ely that Lisa (arnum 4elt sa4e an em.ol ene .y their supportA 5n o.vious e;ample is the 4a-t that Lisa (arnum tol Mi-helle Ri-hmon a.out her .ulimia* an a mission she -oul not .rin) hersel4 to ma>e to her mother or the a--use A 5 )reat eal o4 what Lisa (arnum sai to .oth Lisa 3rown an Mi-helle Ri-hmon 4in s o.9e-tive support in other evi en-e* or is not ispute .y the a--use A 6 have nonetheless >ept in min the i44i-ulty o4 assessin) any measure o4 -on4a.ulation or e;a))eration where the evi en-e -omes as hearsayA $4# Lisa (arnum ha her 4irst session with Mi-helle Ri-hmon on ?ri ay "" 1uly "#$$A The a--use too> her to Ms Ri-hmon Es o44i-eA Ms Ri-hmon spo>e to them .oth .rie4ly an the a--use then le4tA Ms Ri-hmon sai Lisa tol her that she ha su44ere 4rom .ulimia while she was oin) .allet an was -urrently su44erin) 4rom .ulimia* whi-h was why she ha .een re4erre to Ms Ri-hmon A She sai that she ha .eaten .ulimia .e4ore an was rea y to .eat it a)ainA $4$ Ms Ri-hmon sai (T$'/A%") that Lisa (arnum:
sai she .in)e ate an pur)e up to $" hours a ay* it was the only way she -oul 4eel some >in o4 -onne-tion or some >in o4 4eelin) .e-ause she ha .e-ome so shut own in her relationshipA

$4"

Ms Ri-hmon )ave the 4ollowin) a--ount o4 what Lisa (arnum ha sai to her a.out .ulimia (at T$0#A4:):
she sai that the .ulimia -ame* was somethin) that starte when she was oin) .allet an that she use the .ulimia as a way o4 stayin) -onne-te * o4 4eelin) somethin) .e-ause she ha 4elt that she was a mere shell o4 her previous sel4* she was so parti-ular a.out everythin) she ha to say* everythin) she ha to o to maintain her relationship with Simon an not ma>e him an)ry* that

2 %/ 2

she ha lost hersel4 .ut the .ulimia )ave her that sense o4 -onne-tion* some sense o4 4eelin)A

$4%

Ms Ri-hmon sai Lisa tol her that the a--use

i not >now a.out her

.ulimia an that she was very s-are that he woul 4in out .e-ause she thou)ht i4 he 4oun out he woul leave herA She sai that she ha not tol anyone else (T$'/A%0)A $44 The a--use )ave evi en-e -onsistent with that a--ountA (e sai that Lisa (arnum i not ever tell him that she was .ulimi- (that is* that she .in)e an pur)e )A She ha tol him that she was in hospital many years a)o an Cnearly ie DA She ha sai somethin) a.out havin) two nurses .esi e her to wat-h her eat .ut he i not >now e;a-tly what it was that she ha su44ere 4romA (e i not >now that she su44ere 4rom any eatin) isor er whilst she was livin) with him (T//:A40)A $4+ Ms Ri-hmon sai Lisa tol her that she love the a--use .ut she was a4rai o4 him* that he -oul .e a .eauti4ul person .ut woul turn an .e-ome an)ryA Lisa tol Ms Ri-hmon that she was very -are4ul with what she sai .e-ause she i nEt want to ma>e him an)ry or upset with her (T$''A")A $4/ Ms Ri-hmon sai Lisa tol her that reli)ion was very important to herA She was )rate4ul to the a--use .e-ause he ha helpe her 4in Go A She praye to Go to help her* to help her an Simon in their relationship an to help Simon so that they -oul stay to)ether (T$''A+)A $4' Ms Ri-hmon sai Lisa tol her that the a--use i not li>e her to leave

the apartment an at times* when she ha * he .e-ame very an)ry an a))ressiveA Ms Ri-hmon sai that Lisa tol her she was not allowe to )o out alone an that* when she went out with the a--use (T$''A$%):
she ha to .e -are4ul* she ha to ma>e sure i4 there was another man in the vi-inity that she loo>e into SimonBs eyes* that she >ept him en)a)e in -onversation or loo>e own at the )roun so he -oul never say that she was loo>in) at someone elseA
2 %' 2

$40

Ms 3rown )ave similar evi en-eA She sai that Lisa tol her she was only allowe to )o outsi e 4or )ro-ery shoppin) (T$4%A44)A The a--use enie ever sayin) so (T'$%A:)A (e sai she en9oye stayin) in the apartmentA

$4:

Ms Ri-hmon sai Lisa tol her that the a--use went out o4tenA She i not >now where he went an i not >now what he i 4or a livin)A (e was settin) up some >in o4 home .usinessA The a--use sou)ht to respon to that evi en-e in his evi en-e* statin) that he ha tol Lisa a.out the .usiness he was settin) up (T/'+)A (owever* that i not e;plain what he i 4or an in-ome* whi-h was the import o4 what Lisa (arnum was sayin) to Ms Ri-hmon A She tol Ms Ri-hmon that when he went out she 4elt alone an -ompletely isolate (T$0$A$/)A

$+#

Ms Ri-hmon sai Lisa tol her o4 one o--asion when the a--use ha roppe her home a4ter an ar)umentA Lisa tol Ms Ri-hmon that there was no 4oo in the house so she ha )one to the store -lose to the apartmentA The a--use ran) her an as>e why she wasnEt home an eman e that she -ome .a-> to the apartment imme iatelyG that she ha to .e home in three minutes (T$'0A":)A Lisa 3rown )ave similar evi en-eA She sai that Lisa (arnum ha tol her o4 a re-ent event when she ha .een out shoppin) an she ha re-eive a -all 4rom Simon sayin) CQou .etter .e .a-> in the apartmentD an )ivin) her 4ive minutes to )et .a-> (T$4%A4+ an T$4+A/)A

$+$

The lan)ua)e o4 those a--ounts resonates with the terms o4 a te;t messa)e sent .y the a--use to Lisa (arnum in De-em.er "#$# in whi-h he sai Cyou have + mins to meet me where you le4t meD (item "" o4 e;hi.it K)A The a--use e;plaine that there were many times when Lisa (arnum woul C9ust ta>e o44D on him urin) an ar)ument an that was the -onte;t in whi-h that was sent (T/:'A%$)A

2 %0 2

$+"

Ms Ri-hmon sai Lisa tol her that* in the past* when she ha trie to leave the a--use * he ha tol her that i4 she le4t she woul leave with nothin)* 9ust as she -ame* not even her un erwearA ,n one o--asion she sai they ha ha an ar)ument an he too> her wallet an everythin) 4rom her so she ha nothin)A 5s alrea y note * she e;presse 4ears o4 .ein) eporte i4 she le4t the a--use (T$'0A')A

$+%

Ms Ri-hmon -reate a simple meal plan 4or Lisa (arnum an su))este she rin) her ea-h ay to -he-> in an tell her that she ha .een a.le to eat without throwin) upA

$+4

,n Satur ay "% 1uly "#$$* Lisa (arnum ran) Ms Ri-hmon to say that she ha eaten an ha not .rou)ht the 4oo .a-> upA She i the same on Sun ay "4 1uly "#$$A

$++

The 4ollowin) wee>* Lisa (arnum -ontinue her trainin) with Lisa 3rownA They a)ain s-he ule three trainin) sessions that wee>* on Mon ay* We nes ay an Thurs ay ("+* "' an "0 1uly "#$$)A ,n the Mon ay* they traine on the .al-ony on the same 4loor as the )ymnasiumA Lisa (arnum ha attempte to re2s-he ule that session 4or the Tues ayA Ms 3rown respon e as 4ollows (at T$4"A$"):
Goo mornin) miss* what a )or)eous ayA 6 -anBt o Tues ay at your pla-e .ut how a.out you -ome to me 4or a -han)e i4 it 4eels ri)ht to youA Qou -oul -at-h the %'% .us 4rom a-ross the roa 4rom your pla-e an -ome to Coo)eeA We -an o an out oor session usin) the -oastal wal> i4 you li>eA 6 -an see you on Tues ay $#A$+ to $$A Let me >now your thou)htsA

$+/

Lisa (arnum replie that they woul

o the session on Mon ay as

ori)inally planne A She later e;plaine to Ms 3rown that the a--use woul not let her train at Coo)ee* .ut that may have .een an assumption Lisa (arnum ma e* not somethin) the a--use in 4a-t sai to herA The a--use enie tellin) Lisa (arnum she -oul not meet Lisa 3rown at Coo)ee (T'$%A$%)A

2 %: 2

$+'

,n Tues ay "+ 1uly "#$$* Lisa (arnum ha her se-on session with Mi-helle Ri-hmon A Ms Ri-hmon -olle-te her on her way to the o44i-eA Lisa (arnum tol Ms Ri-hmon a.out trainin) with Lisa 3rown the previous ayA Ms Ri-hmon )ave the 4ollowin) a--ount o4 that -onversation (at T$04A"/)A
Ce-ilia tol me that she ha .een trainin) with Lisa 3rown an that they ha traine on the .al-ony .e-ause it was a .eauti4ul ay an that she was not -are4ul with her wor s when she spo>e to Simon an tol him that the wor>men were wor>in) on the poolA 5t whi-h point he .e-ame an)ry that they ha traine outsi e an how are she train in 4ront o4 the wor>men an he wante to >now i4 they were loo>in) 4or her or -oul see her an she wasnEt to train outsi e a)ainA

$+0

Lisa 3rown )ave evi en-e o4 a similar -onversation with Lisa (arnum the 4ollowin) ay (T$4+A"#)A

$+:

Ms Ri-hmon sai Lisa tol her that the a--use ha .een yellin) at her all mornin) until the moment Ms Ri-hmon arrive to -olle-t herA She sai she ha no 4rien s an was -ompletely isolate as any 4rien s ha .een -ut o44 4rom herA Ms Ri-hmon sai (T$0/A"G an see -ross2e;amination at T"#4A4):
She was istresse that she ha .een 4rien s with the hair resser* the )irl she live with* an that when she went out with Simon the )irl isasso-iate with her .e-ause o4 her 4rien Es opinion o4 Simon an she 4elt sa that she ha never .een a.le to even tell her how mu-h she appre-iate her support an her lettin) her stayA

$/#

6t is -lear that the )irl she was re4errin) to was 5malia JaraevaA Ms Ri-hmon Es a--ount o4 what Lisa (arnum sai to her on that issue was ire-tly -ontra i-te .y Ms JaraevaEs evi en-eA Ms Jaraeva sai that their estran)ement was ue to isa)reements as a result o4 Lisa (arnumEs relationship with her previous .oy4rien * Geor)e* an anythin) to o with the a--use (T%#/A%)A i not have

$/$

(owever* 6 o not thin> that evi en-e esta.lishes that Lisa (arnum )ave Ms Ri-hmon a 4alse or unrelia.le a--ountA Ms Ri-hmon re-eive a
2 4# 2

)reat eal o4 in4ormation over two perio s o4 a.out two hours an * at the reHuest o4 Lisa (arnum* i not ta>e any notes o4 what she was tol A Ms Ri-hmon i not su))est that Lisa ha tol her that Simon ha one anythin) to is-oura)e her relationship with 5malia 8 only that she 4elt sa that she ha not .een a.le to than> 5malia 4or her support when the 4rien ship en e en e ue to 5maliaEs opinion o4 SimonA 6n 4a-t* the 4rien ship ue to 5maliaEs opinion o4 Geor)e* not SimonA 6t is not i44i-ult to

ima)ine those events losin) somethin) in the re2tellin)A 6 o not thin> that evi en-e shoul -ause me to ou.t the vera-ity o4 Lisa (arnum* .ut it oes illustrate the -are whi-h must .e ta>en with a se-on 2han a--ountA $/" Ms Ri-hmon sai Lisa tol her that the a--use always seeme to >now everythin) she sai to her motherA She sai Cshe -oul nEt wor> out how he >new that an she was very -are4ul a.out the thin)s that she sai to her mother .e-ause somehow he woul >now an even -ome .a-> an repeat the -onversations .a-> to herDA That ma e her 4eel isolate an shut own an -on-erne (T$0/A"/)A $/% Ms Ri-hmon sai Lisa tol her that she ha a .a) pa->e that the a--use i not >now a.out with her passport in itA She sai when she ha trie to leave in the past* he ha stoppe her an that he ha tol her she woul leave with nothin)* not even her un erwearA $/4 Ms Ri-hmon tol Lisa (arnum that there was a -entre availa.le to her that supporte women in a.use situationsA They is-usse her possi.ly puttin) her .elon)in)s in stora)e or somewhere that she -oul a--ess them (T$0'A%$)A Ms Ri-hmon spe-i4i-ally as>e Lisa (arnum i4 the a--use ha .een physi-ally violent to her an she sai that he ha not (T$::A%%)A $/+ The 4ollowin) ay (We nes ay "'1uly "#$$)* Lisa (arnum traine with Ms 3rownA 5s alrea y note * Ms 3rown sai Lisa tol her a.out the a--use .ein) very an)ry .e-ause she let slip that she ha traine on the .al-ony the previous Mon ay (T$4+A"#)A
2 4$ 2

$//

5t 0A%# pm that evenin) ("' 1uly "#$$)* Mi-helle Ri-hmon misse a -all 4rom Lisa (arnum (T$0:A%4)A She misse the -all .e-ause she was out to innerA Miss (arnum le4t a voi-e messa)e in whi-h* a--or in) to Ms Ri-hmon Es statement to poli-e* her voi-e soun e istresse (T"#:A$)A Ms Ri-hmon sent a te;t at 0A%" pm as 4ollows (e;hi.it ?):
6n a inner meetin) are you o>

$/'

She re-eive a reply 4rom Lisa (arnum as 4ollows:


(i Mi-helleA Sorry to -all you lateA 1ust upsetA We -an tal> tomorrow i4 you are .usyA DonEt want to .e away to lon)A (ave a .eauti4ul evenin) honey ;

$/0

Mr Stri->lan -ross2e;amine Ms Ri-hmon as to her -ontention that Lisa (arnum soun e istresse in that voi-e messa)eA (e playe her a re-or in) o4 a messa)e retrieve 4rom her phone in whi-h Lisa (arnum soun s sleepy an rela;e (e;hi.it +)A 6t is plainly not the same messa)eA 6t .e)ins with the wor s C)oo mornin) Mi-helleDA The 4a-t that poli-e i not retrieve any other messa)e 4rom Ms Ri-hmon Es phone oes not -ause me to ou.t her evi en-e on that issueA (er es-ription o4 a istresse tone is -onsistent with the -ontent o4 Lisa (arnumEs -ontemporaneous messa)eA

$/:

5t 0A4/ pm* Ms Ri-hmon sent a 4urther te;t to Lisa (arnum:


Call me .a-> 6Em 9ust han)in)

5n then a 4urther te;t:


(un -all me

$'#

Lisa (arnum replie :

2 4" 2

Sorry honeyA 6 -anEt tal> ri)ht nowA Can 6 -all you laterA 7verythin) is o>A 1ust with Simon at the moment ;;

Ms Ri-hmon replie :
5ny time 6Em up until late

$'$

Later that evenin) Ms Ri-hmon trie several times to -all Lisa (arnum on her phoneA She then .e-ame -on-erne ue to how Crea-tiveD Lisa (arnum ha sai the a--use was that he mi)ht .e an)ry that she ha -alle so many timesA She sent a 4urther te;t statin):
Sorry 6 thin> My phone a--i entally >ept -allin) you when it was in my .a) apolo)ies Mi-helleA

$'"

Lisa (arnum replie :


ThatEs o>A Was won erin) i4 everythin) was o>A (ave a )oo ni)ht Mi-helleA

$'%

Shortly a4ter mi ni)ht that ni)ht* Lisa (arnum sent an email to Metro Stora)e at 3on i see>in) stora)e spa-e (e;hi.it NG evi en-e o4 Mr Ri-har Stanley at T44#)A

$'4

,n the mornin) o4 Thurs ay "0 1uly "#$$* the a--use went to a meetin) (T'$/A%')A CCTK 4oota)e shows that he le4t the apartment at :A%: am (e;hi.it +")A 5t :A+/ am* he sent a messa)e to Lisa (arnum as 4ollows (item 4+: o4 e;hi.it $0):
6Em hea in) out west as 6 have meetin) to ay V $" I either .e4ore it or a4ter it 6 want to put si e steps onA 6 have praye a.out our situation I 6 am -on4use a.out what to oA 6 onEt want us to re)ret this e-ision years 4rom nowA 6 have )ym later so will tal> thenA

$'+

5s to the remar> that he ha praye a.out their situation an (arnum ha ha an ar)ument an ha .ro>en up (T'$/A4')A
2 4% 2

i not >now

what to o* the a--use e;plaine in his evi en-e that he an Lisa

$'/

Lisa (arnum le4t the apartment at $$A": am (e;hi.it +")A She was ue to train with Lisa 3rown at $$A%# amA When Ms 3rown arrive at The (y e* Miss (arnum met her in the lo..yA Ms 3rown state that she was Cvery a)itate an nervous an 6 woul say 9umpyD (T$4/A$+)A Ms 3rown )ave the 4ollowin) a--ount o4 their -onversation (T$4/A"$):
She tol me that she was plannin) to leave Simon an that Mi-helle Ri-hmon ha tol her that it was o> to )ive me some -lothes an thin)s o4 hers 4or me to loo> a4ter until she was a.le to leaveA

$''

Ms 3rown es-ri.e Lisa (arnum as loo>in) Cpetri4ie DA She sai Cshe >ept loo>in) aroun everywhere* nervously* loo>in) to see i4 any.o y was aroun D (T$4/A%#)A They went to the )ym* where Lisa (arnum ha hi en two pillow -ases 4ull o4 -lothes an shoes .ehin some eHuipmentA They too> the pillow -ases ownstairs to Ms 3rownEs -arA They then went .a-> up to the )ym on the ei)hth 4loor .ut i not trainA They 9ust tal>e A Ms 3rown sai that Lisa (arnum was tal>in) a.out the a--use an Cthe way that thin)s were 4or her an how she 4elt a.out thin)s an how unhappy she wasD (T$4'A4")A

$'0

Ms 3rown sai that Lisa (arnum tol her she wante to leave the a--use .ut she wante to stay in 5ustralia an that she was worrie that i4 she le4t him she woul nEt .e a.le to stay .e-ause o4 the visaA Lisa (arnum tol Ms 3rown that she ha no 4rien s* that she misse her 4rien s an that she wante to live a i44erent li4eA She sai that she misse wor>in) as a hair resser an that the a--use i not want her to wor> an that he woul )ive her money an she i not have to wor> .ut she wante to an she wante to )o .a-> into hair ressin) (T$40)A

$':

Ms 3rown tol Lisa (arnum that* i4 she wante to leave* Mi-helle woul C>now the ri)ht people 4rom her wor>DA Ms 3rown sai (T$4:2$+#):

2 44 2

6 sai i4 her -urrent situation was worse than the 4ear o4 the un>nown then that was the time that she woul >now was ri)ht to leaveA

$0#

Lisa (arnum tol Lisa 3rown that she was also )oin) to pla-e -lothin) in stora)e in 3on i 1un-tion (T$+#A%/)A

$0$

Ms 3rown sai (at T$+#A$0):


She sai she love !the a--use & .ut she i nEt love all parts o4 him* an there were parts o4 him that she i nEt li>e an she sai she >ept waitin) 4or those parts to issipate so she -oul have the parts o4 him that she love an we tal>e a.out that 4or a whileA

$0"

At 1.30 pm that day, after her session with Lisa Brown, Lisa Harnum took a bag of personal possessions to Metro Stora)e in Bondi (T441.38; T571; exhibit EE). She entered into a storage contract for one month. The application form requested her to identify the persons who would have access to the storage unit. She listed Michelle Richmond and Lisa Brown (T442.35). Mr Stanley lifted the bag into the unit for her. She told him that she would be returning with more clothes (T443.32).

$0%

The a--use returne to the apartment at %A+: pm an le4t a)ain at 4A4/ pm to )o to the )ym (e;hi.it +")A Mr Stri->lan note that* sin-e the a--use was out 4or most o4 the ay* it -oul s-ar-ely .e su))este that Lisa (arnum was una.le to leave at that time* ha she .een esperate to o soA With no isrespe-t to Mr Stri->lan * 6 thin> that su.mission overloo>s the emotional -omple;ity o4 the -hoi-es 4a-e .y Lisa (arnum at that timeA <lainly* she -oul have wal>e out the oor with whatever she -oul -arry an .e physi-ally 4ree* .ut she woul have 4a-e a eal o4 an)st an )uilt ha she ta>en that -ourseA That she i not spea>s eHually o4 stren)th o4 -hara-ter as o4 an a.sen-e o4 real 4earA Leavin) asi e anythin) else* it is -lear that she -are enou)h a.out the a--use that she woul have wante them to separate ami-a.ly* i4 possi.leA She may also have .een unsure as to her e-ision to leaveA
2 4+ 2

$04

5t +A+" pm* Lisa (arnum sent a messa)e to Mi-helle Ri-hmon * as 4ollows (item $#: o4 e;hi.it KG e;hi.it G):
(i Mi-helleA 6 9ust wante to tou-h .ase with you as 6 >now you are really .usy to ayA 6 spo>e to Lisa to ay an have (si-) her a 4ew .a)s to )ive to youA 6 opene up to her a.out a 4ew thin)s as 6 am sure the pillow -ases 4ull o4 -lothes was a .it o A (e was away most o4 the ay so 6 pa->e another .i) .a) o4 thin)s an too> it to a stora)e -entreA (e is -omin) home a4ter trainin) an 6 thin> he wants to tal>A 6 am very nervousA 6 am so sorry to .other you Mi-helleA 6 hope you are havin) a )oo ay honey ;

$0+

Ms Ri-hmon respon e as 4ollows (e;hi.it G):


(i lovely you -an -all me 6Em 4ree now N Say little an 9ust listen >eep .reathin) M;

$0/

54ter that messa)e was sent* Lisa (arnum -alle Mi-helle Ri-hmon (T$:%A4)A Ms Ri-hmon Es evi en-e2in2-hie4 was that she re-eive that -all Cshortly a4terD the messa)es at +A+" pm (T$:%A4)A 6t was put to her in -ross2e;amination that the -all was a.out two hours later .ut she i not a--ept that was so (T"$$A"#)A Durin) that -all* Lisa (arnum tol Mi-helle Ri-hmon that the a--use was out an was -omin) homeA Ms Ri-hmon sai to han) up the phone i4 he -ame homeA Lisa (arnum tol Ms Ri-hmon that she ha put -lothes in stora)eA She soun e stresse (T$:%A"")A

$0'

Ms Ri-hmon a)ree in -ross2e;amination that* urin) that -onversation* Lisa (arnum tol her that the a--use ha sai he was )oin) to leaveG that they were )oin) to separate an that he wante her out o4 the apartment (T"$$A"')A That a--or s with the a--use Es evi en-e as to the ar)ument he an Lisa (arnum ha that mornin)A

$00

Mi-helle Ri-hmon sai that* towar s the en o4 the -all* the a--use -ame home an she sai Chan) upD (T$:%A"/)A The CCTK 4oota)e shows that the a--use returne to the apartment at /A$/ pm (e;hi.it +")A ,n that .asis* 6 am satis4ie that the -onversation .etween Mi-helle Ri-hmon
2 4/ 2

an Lisa (arnum too> pla-e shortly a4ter +A+" pm as remem.ere .y Mi-helle Ri-hmon * an not two hours later as put to her on .ehal4 o4 the a--use A $0: The a--use )ave evi en-e that* when he )ot home* he a--esse the monitorin) pro)ramme an rea the messa)e Lisa (arnum ha sent to Mi-helle Ri-hmon A (e sai that* a4ter rea in) that te;t* he spo>e to Lisa (arnumA (e sai (T'$0A$$):
6 onBt re-all wor 4or wor what was sai .ut 6 remem.er as>in) to spea> to Ce-iliaA We sat own* 6 sat own on the loun)e* she sat own on the other loun)eA 5n 6 sai to Ce-ilia* UWhat .a)s i you )ive to Lisa 3rown to ayPU 5n Ce-ilia sai * UWhat are you tal>in) a.outPU 6 sai * U6 was 9ust at the )ym an 6 saw Lisa 3rownA Di you )ive her some .a)s to ayPU 5n she sai * UNo 6 i nBt )ive Lisa any .a)s* what are you tal>in) a.outPU 5n 6 sai * UCe-ilia* 6 >now 6 spo>e to Lisa 3rown an 6 >now that you )ave her some .a)sAU Ce-ilia was still not a mittin) to the 4a-t that she )ave .a)s to Lisa 3rown an so 6 sai to her* 6 sai to Ce-ilia* UThereBs no point hi in) it* 6 have .een monitorin) your messa)es an thatBs how 6 4oun out a.out the .a)UA

$:#

The a--use a mitte in his evi en-e that Lisa 3rown ha not in 4a-t tol him a.out the .a)s (T'$0A%')A (is statement to that e44e-t to Lisa (arnum was a lieA 6t is important in that -onte;t 4or me to .ear in min the -autious approa-h that shoul .e ta>en to the use o4 liesA 5s note .y Mr Stri->lan * a person -an have many reasons 4or tellin) a lie whi-h o not in4orm the Huestion o4 )uilt one way or the otherA

$:$

The a--use sai (at T'$0A"+):


Ce-ilia starte -ryin) an she sai * U6t wasnBt my i ea* it was Mi-helle who a vise me to put .a)s in stora)eA 6 i nBt want to o itA 6 was a4rai in -ase you 4oun outAU 6 sai to her* UWhy woul you put .a)s in stora)e* 6 onBt un erstan A 64 you want to leave* leaveAU She sai * U6 onBt want to leaveA Mi-helle a vise me to put .a)s in stora)e as she thou)ht it woul .e a )oo i ea in -ase 6 wante to leave in the 4utureAU

$:"

Lisa 3rown sai that she misse a -all 4rom Lisa (arnum at a.out / pm that evenin)A Lisa (arnum le4t a messa)e as>in) Ms 3rown ur)ently to
2 4' 2

)et in tou-h with herA Ms 3rown state that Lisa (arnumEs tone o4 voi-e was C4ranti-D (T$+$A"+)A $:% 5t a.out 'pm* Ms Ri-hmon re-eive a -all 4rom Lisa (arnumEs mo.ile telephone num.erA She sai that no.o y spo>e on the other en A She then -alle the num.er .a-> an the a--use answere A She preten e she i not >now who the -all was 4rom* sayin) C(i* 6 9ust re-eive a misse -all 4rom this num.erDA $:4 Ms Ri-hmon sai (at T$:4A"$) that the a--use sai to her:
Mi-helle* you 4u->in) .it-h* i4 you ever -ome near Ce-ilia a)ain* try to -onta-t or meet her* have anythin) to o with her* 6 >now where you liveA 6 will 4u->in) harm youA

$:+

Ms Ri-hmon state that he -ontinue with that monolo)ue until she hun) up .e-ause she -oul not -ope with the a.useA She sai that he was an)ry an was s-reamin) an that there were no )aps .etween the wor s* that it was C9ust a monolo)ue o4 a.useD (T$:4A%4)A

$:/

6t was put to her that* when the a--use spo>e to her .y telephone that evenin)* he ha as>e her why she )ot Lisa (arnum to hi e .a)s in stora)e an that he sai CCe-ilia tol me you tol her to put the .a)s in stora)eDA She enie that there was any su-h -onversation (T"$"A$:)A

$:'

6t was also put to Ms Ri-hmon in -ross2e;amination that the a--use ha not threatene herA She isa)ree A 6n re2e;amination she sai that she ha never hear anyone Cso enra)e an out o4 -ontrolDA She sai (T"$4A$+):
The ialo)ue o4 a.use was -ontinualA There was no -onversin)A There was no 8 6 as>e him where it was -omin) 4rom* he i nEt respon * he 9ust >ept s-reamin) at meA

$:0

The a--use 4ran>ly a->nowle )e that he was very upset with Mi-helle Ri-hmon at that time an that he swore at her an tol her o44 (T'$:A":)A

2 40 2

(e enie threatenin) herA 6 o not a--ept his enialA 6 have no hesitation in a--eptin) the evi en-e o4 Mi-helle Ri-hmon on that issueA $:: 5t aroun the same time* Lisa 3rown was listenin) to the messa)e le4t earlier .y Lisa (arnum when she misse her -allA 5s she was listenin) to that messa)e* Mi-helle Ri-hmon -alle herA Ms 3rown thou)ht that was aroun ' pm (T$+$A%%)A 54ter tal>in) to Ms Ri-hmon * Ms 3rown i not return Lisa (arnumEs -all (T$+'A"#)A "## The a--use )ave evi en-e o4 his -onversation with Lisa (arnum a4ter he ha -alle Mi-helle Ri-hmon A (e )ave the 4ollowin) evi en-e (T'$:A4/):
5A 54ter 6 )ot o44 the phone* 6 was 9ust really -on4use an hurt a.out what ha 9ust happene * what 6 9ust 4oun out an 6 sai to Ce-ilia* U6 onBt un erstan * 6 9ust onBt )et what it is an why you woul listen to someone who you have only >nown 4or li>e a wee>A Can you ima)ine i4 we were marrie an times were tou)hP (ow easily persua e are youPU So 6 sai to Ce-ilia* UThis is not )oin) to wor> so 6 woul li>e you to leave* pleaseUA =A Was your voi-e raise at any sta)eP 5A 5t this sta)e it was* yesA =A What i she o or sayP 5A She -ontinue to -ryA =A What happene thenP 5A She was -ryin) an then she sai to me* U6 9ust want to )et marrie an have >i sAU

"#$

5t 'A+% that evenin)* Ms Ri-hmon re-eive a te;t messa)e 4rom Lisa (arnumEs telephone as 4ollows (e;hi.it K* item $$#):
Leave me alone you have ruine my relationshipA Drop all my stu44 o44 at my -on-ier)e .y no later than tomorrow $# amA ,JP

"#"

The Crown su.mitte that the a--use either sent that messa)e or ma e Lisa (arnum sen itA 5s 6 will e;plain* 6 have little ou.t that is the -aseA

"#%

Mrs (arnum )ave evi en-e o4 a -onversation with Lisa (arnum a.out those eventsA That evi en-e was a mitte to prove the e;isten-e o4 the
2 4: 2

4a-ts asserte .y Lisa (arnum (T0"20%)A Mrs (arnum sai the -onversation was Cpretty mu-h within the same ayD as the events Lisa (arnum was es-ri.in)A 6t seems li>ely that it was part o4 a len)thy -onversation Mrs (arnum ha with her au)hter the 4ollowin) mornin) (.ase on Telstra re-or s* e;hi.it 4+)A "#4 Mrs (arnum sai that Lisa tol her that* when she )ot home a4ter )ivin) a .a) to Lisa 3rown* the a--use -ame homeG that he >new she ha )iven a .a) to Lisa 3rown an put another in stora)e an that he was very an)ry with herA Mrs (arnum sai (T0$A0):
he too> her to )o an )et the .a) 4rom Lisa an too> her to )et the .a) 4rom the lo-> up an .rin) it .a-> to the apartment an then he sai that that was very em.arrassin) 4or him to )ive the .a) to Lisa .e-ause Lisa was 4rom his )ymA

"#+

Mrs (arnum sai Lisa tol her that Simon ha ma e her -all .oth Lisa 3rown an Mi-helle Ri-hmon an tell them that she hate them an (T0$A4") the a--use had:
starte yellin) at her an tellin) her that she shoul nEt em.arrass him* that she was to o as she was tol * that she shoul su.mit an he ha her on her >nees in 4ront o4 himA (e ha her >neel in 4ront o4 himA

not want to have anythin) 4urther to o with them (T0$A"0)A Lisa tol her

"#/

Mrs (arnum sai Lisa tol her that* a4ter that in-i ent* she 4elt very a4rai an very sa (T0"A%0)A

"#'

Mr Stri->lan su.mitte that Mrs (arnumEs a--ount o4 that -onversation provi e another e;ample o4 Lisa (arnum .ein) an unrelia.le historianA (e su.mitte that the evi en-e -oul not .e relie upon as to the truth o4 what Lisa (arnum sai A (e note the o.9e-tive evi en-e that the a--use an Lisa (arnum i not in 4a-t )o to -olle-t the .a)s to)etherA The two pillow-ases )iven to Lisa 3rown were returne .y her to the -on-ier)e* while the .a) pla-e in stora)e at 3on i was still there when poli-e went to sear-h the stora)e unitA
2 +# 2

"#0

6 thin> those in-onsisten-ies are most li>ely e;plaine .y a -om.ination o4 Mrs (arnum misremem.erin) e;a-tly what was sai to her a.out the .a)s an * possi.ly* her ina vertently a in) etail or ma>in) an assumptionA There was in 4a-t a eman to Lisa 3rown that she return the pillow -asesA 6 o not thin> the in-onsisten-ies relie upon .y Mr Stri->lan shoul e;-ite any ou.t as to Lisa (arnumEs a--ount o4 those eventsA

"#:

The a--use

enie 4or-in) Lisa (arnum to >neel an as>in) her to

su.mit to him (T/':A0)A 6 o not a--ept his enialA 6 am satis4ie that the a--use woul have respon e to what he learne that a4ternoon with nothin) short o4 ra)eA ?or all his vi)ilan-e* his errant 4ian-Te ha 4oun a means o4 se-retly movin) her .elon)in)s out o4 the houseA She was payin) more attention to two women she ha 9ust met than to himA The a--use a->nowle )e that his voi-e was raise at this sta)e (T'"#A4)A 7ven so* his assertion that he -on4ine himsel4 to the polite o.servation* CThis is not )oin) to wor> so 6 woul li>e you to leave* pleaseD is mani4estly implausi.le an 6 re9e-t itA 6 thin> it is hi)hly pro.a.le that he rea-te in the manner es-ri.e .y Lisa (arnum to her motherA "$# The relationship evi en-e thus paints a mi;e pi-tureA 6 a--ept that the relationship saw times o4 -lose a44e-tion an lau)hA 5s note .y Mr Stri->lan * she ha eep loveA The a--use an es-ri.e it as the most Lisa (arnum plainly too> -are o4 ea-h otherA They ma e ea-h other important relationship o4 her li4e* an ha tol Lisa 3rown she was wantin) to put on wei)ht so that she -oul have a .a.y with the a--use A 6 a--ept that her position at that point was not one o4 a prisoner in her own home who was esperate to leave .ut was .ein) restraine 4rom oin) soA "$$ 3ut the relationship was un ou.te ly also tumultuousA Mr Stri->lan su.mitte that it was -hara-terise .y a pattern o4 over2rea-tive .ehaviour on Lisa (arnumEs part in whi-h she woul respon to trivial ar)uments .y threatenin) to leave an then re-antin)A Nothin) in the evi en-e has persua e me o4 any su-h ten en-y on her partA The -hara-terisation o4
2 +$ 2

her reasons 4or e-larin) an intention to leave 4rom time to time as CtrivialD is an evaluative 9u )ment .ase on in eterminate or su.9e-tive -onsi erations not .orne out .y my assessment o4 the evi en-eA "$" 6 o not thin> there -an .e any ou.t that the a--use was -ontrollin)* ominatin) an at times a.usiveA The 4or-e o4 his 9ealous an -ontrollin) personality met mi;e resistan-e 4rom Lisa (arnum* who was at times e4iant* at times su.missive to an ine;pli-a.le e)reeA 6 am satis4ie that* .y the en o4 1uly "#$$* those tensions ha rea-he a point o4 -risisA The a--use Es sense o4 ri)ht to -ontrol Lisa (arnum was itsel4 sli in) out o4 -ontrol an she in turn was )alvanisin) hersel4 4or a resolution o4 some >in A "$% The intra-ta.le point they ha rea-he in those last ays is relie upon as mu-h .y the a--use as the CrownA Mr Stri->lan su.mitte that* even i4 6 were to a--ept every su.mission put .y the Crown as to the -ontrollin)* intimi atin) an a.usive .ehaviour o4 the a--use towar s Lisa (arnum* that only in-reases the li>elihoo that she may have sou)ht to es-ape him .y -lim.in) over the .alustra e on the mornin) o4 her eathA That su.mission hi)hli)hts the -riti-al importan-e o4 the events that 4ollowA "$4 ,n the mornin) o4 ?ri ay ": 1uly "#$$ at a.out $# am* Lisa 3rown returne the two pillow -ases to the -on-ier)e at The (y e apartment .uil in) (T$+'A%/)A The a--use sai that he -olle-te the .a)s 4rom the -on-ier)e (T'"$A%0G e;hi.it 7)A "$+ 6t is i44i-ult to .e -on4i ent as to the pre-ise -hronolo)y o4 some o4 the su.seHuent events an -onversations o4 that ayA 5t $#A4" am* Lisa (arnum ma e the len)thy -all to her mother to whi-h 6 have alrea y re4erre A The -all was ma e 4rom the lan line usin) an international a--ess -all -ar 4or a uration o4 +$/" se-on s* almost one an a hal4 hours (e;hi.it 4+)A

2 +" 2

"$/

Mrs (arnum )ave evi en-e o4 a -onversation in whi-h Lisa -alle her an sai Cmummy please -ome an )et meDA That reHuest was pro.a.ly part o4 that lon) -all (see T%%0)A Mrs (arnum as>e how ur)ent it was an sai she -oul -ome own on 5u)ust / (T04A")A Mrs (arnum sai that they spo>e .a-> an 4orth a.out 4li)hts a4ter that (T%%0A"/)A

"$'

Mrs (arnum sai that Lisa Cwent on line .e-ause she wante to .oo> the ti->ets hersel4 an she wante to .oo> her return ti->et one wayDA She sai there were two -alls that ay an that* urin) one o4 those -alls* she tol her au)hter Ci4 thin)s )ot really .a 9ust to )ra. her purse an her passport an )et out* that her thin)s i nEt matterD (T04A$:)A

"$0

Mrs (arnumEs re-olle-tion that Lisa sai she wante to .oo> a one2way ti->et to Cana a is -orro.orate .y the evi en-e o4 Mr Gran)erA (e re-eive a -all 4rom Lisa (arnum at $:4" pm in the a4ternoon on ": 1uly "#$$ (T:4'A$$G e;hi.it 4+)A She tol him she ha .een to the Department o4 6mmi)ration that ay an ha attempte to o.tain a 3ri )in) 3 visa to permit her to travel to Cana aA She ha .een a vise .y the Department that she was ineli)i.le 4or su-h a visa* as she ha alrea y ha two trips out o4 the -ountry in the previous $" months (in 1uly "#$# an De-em.er "#$#) (T:4'A"0)A

"$:

Mr Gran)er sai that Miss (arnum as>e him what woul .e the ris> 4a-tor to her appli-ation 4or permanent resi en-y i4 she travelle to Cana a without a 3ri )in) 3 visaA (e a vise her that her 3ri )in) 5 visa (a visa hel pen in) the etermination o4 an appli-ation 4or resi en-y) woul -easeA (er eparture woul not -an-el the appli-ation 4or resi en-y .ut she woul nee to return to 5ustralia on another visa su-h as a tourist visa in or er to re2a--ess the appli-ation (sin-e the s>ille visa is an on shore -lass o4 visa) (T:4'A4+)A

""#

That evi en-e shows that Lisa (arnum was -onsi erin) 4lyin) to Cana a at that time* whi-h is -onsistent with Mrs (arnumEs evi en-e as to the is-ussion o4 4li)hts that mornin)A 5s su.mitte .y Mr Stri->lan * it also
2 +% 2

su))ests that Lisa (arnum was not plannin) to leave 5ustralia permanently as at that ate* or was at least wantin) to >eep her options open* .ut it provi es -ompellin) support 4or the CrownEs -ontention that she was plannin) to leave the a--use A ""$ Lisa 3rown sai that she re-eive a -all 4rom Lisa (arnum at a.out " pm that ayA 6 o not thin> the evi en-e esta.lishe the .asis on whi-h she was a.le to 4i; the -all o4 that timeA The -all was not ma e 4rom the lan line (e;hi.it 4+)A Ms 3rown sai (T$+02$/#)
She tol me that 6 ha tol Simon a.out the -lothes N 6 tol her that 6 ha nEt N 6 tol her that 6 i nEt say anythin) a.out the .a)s o4 -lothes to SimonA 6 as>e her why she woul thin> thatA She tol me that Simon ha sai to her that 6 ha tol him a.out the .a)s o4 -lothin) on Thurs ay a4ternoon* the previous ay* at Geor)e Street <latinum ?itness ?irstA

"""

Ms 3rown sai that Lisa (arnum was very istresse -onversation an sai (T$+0A"+):

urin) that

<lease onEt ever -onta-t me a)ainA 6 onEt want to hear 4rom youA Qou have ruine my li4eA Tell Mi-helle not to -onta-t meA

""%

Ms 3rown sai (at T$+0A%/):


6 sai we were only here to help her* or wor s to the e44e-t* i4 6 re-all* an 6 tol her that 6 was always here 4or her an that 6 wishe her love an li)ht an she -oul -all me at any time i4 she nee e toA

""4

Ms 3rown sai Lisa (arnum tol her that she was in a hotel room when she was ma>in) that -allA Ms 3rown sai she -oul hear noise in the .a->)roun as thou)h Lisa was out oors an she -oul hear some.o y tal>in) in the .a->)roun A She sai that it was a male voi-e .ut she i not re-o)nise the voi-e (T$/#)A She a)ree in -ross2e;amination that she ha not mentione the male voi-e in the .a->)roun to poli-e when ma>in) her statement (T$/0A$4)A Nonetheless* 6 o not ou.t that evi en-eA 6t seems li>ely that the a--use was present when Lisa (arnum ma e that
2 +4 2

-all* .ut 6 -annot .e -ertain o4 thatA The re4eren-e to her .ein) in a hotel room is a mystery* espe-ially i4 the -all was in ee ma e within "# minutes a4ter the -all to Mr Gran)er 4rom the lan lineA ""+ 5--or in) to the a--use Es version o4 events* he ha owne up to Lisa (arnum the previous ay a.out monitorin) her te;t messa)esA That evi en-e is i44i-ult to re-on-ile with the evi en-e o4 the phone -all to Lisa 3rown* whi-h su))ests that Lisa (arnum was still* the 4ollowin) ay* la.ourin) un er the misapprehension that Ms 3rown ha e44e-tively o..e on herA ""/ 6 raise that issue .e4ore the -on-lusion o4 the a--use Es evi en-e so as to )ive him an opportunity to a ress itA 6n his 4urther evi en-e he sai that he ha not a mitte to Lisa (arnum that he ha lie as to havin) learne a.out the .a)s 4rom Lisa 3rownA The su))estion was that* althou)h he ha tol her a.out monitorin) her messa)es* he ha also maintaine the lie a.out havin) spo>en to Lisa 3rown at the )ymA Mr Stri->lan emphasise that point in his su.missionsA 3ut i4 Lisa (arnum ha .een tol a.out the se-ret monitorin) o4 her messa)es* she woul surely have realise that it was not Lisa 3rown who ha )iven her awayA (er -onversation with Lisa 3rown ma>es no sense i4 she >new o4 the se-ret monitorin) .y that timeA ""' ?urther* the a--use Es a--ount o4 his -onversation with Lisa (arnum the previous ay is inherently impro.a.leA 5--or in) to his version o4 the -onversation* when he tol Lisa (arnum that he ha .een monitorin) her messa)es* e44e-tively spyin) on her private -ommuni-ations* she uttere not a sin)le wor o4 -omplaintA 5--or in) to the a--use * she pro4esse no surprise* in i)nation* -uriosity or even relie4 at 4inally un erstan in) how he ha .een a.le to rea her min 4or so lon)A She simply -rie * .lame Mi-helle Ri-hmon 4or the i ea o4 puttin) .a)s in stora)e an tol the a--use that all she wante was to )et marrie an .ear his -hil renA

2 ++ 2

""0

6 o not a--ept the a--use Es evi en-e that he tol Lisa (arnum on "0 1uly "#$$ that he was monitorin) her messa)esA 6 am satis4ie that is a is-overy she ma e hersel4 the ni)ht .e4ore her eathA

"":

5t "A$' pm on ": 1uly "#$$ Ms Ri-hmon re-eive a te;t messa)e 4rom Lisa (arnumEs telephone as 4ollows (e;hi.it K* item $$$):
6 wish 6 never met you .e-ause you have ruine my li4e I 6 have .een >i->e out o4 the house .y simonA 6 ha everythin) with simon .ut you .rain washe me Mi-helle I now 6 am out on the street with nothin)M 6 want the money 6 pai you 4or ruinin) my li4e as 6 am .ro>e I nee moneyA Qou shoul .e ashame o4 yoursel4A Than> you 4or this .i) mess you -reate M

"%#

5t aroun or soon a4ter the time o4 Lisa (arnumEs istresse -all to Lisa 3rown an that vitrioli- messa)e to Mi-helle Ri-hmon * the a--use says he an Lisa (arnum were out shoppin) to)ether* hol in) han s an >issin) (T'"%A%")A (e sai they went to .uy some s>in -ream 4or his .rotherA (e sai that* while they were out shoppin)* Lisa (arnum tol him that she re)rette listenin) to Mi-helle Ri-hmon an Lisa 3rown an ta>in) their a vi-e an that she .lame their a vi-e 4or the .rea>2up (T'""2'"%)A

"%$

The Crown -onten s that the a--use wrote the messa)e to Ms Ri-hmon * or else ma e Lisa (arnum write itA The a--use soA 5n issue 6 raise enies oin) urin) the trial was the 4a-t that the messa)e

-ontains an ampersan * whi-h is a 4ar more -ommon 4eature in messa)es sent .y the a--use than in those sent .y Lisa (arnumA 54ter re-eivin) 4urther evi en-e (in-lu in) e;hi.it "%) an hearin) 4rom the parties on that issue* 6 a--ept that is an unsa4e .asis alone on whi-h to raw an in4eren-eA "%" 5t some point that ay* Lisa (arnum tol her mother that the a--use ha ta>en her -ell phone away (T04)A 6t is i44i-ult to .e -on4i ent when that was* .ut it is an a wrote the messa)eA
2 +/ 2

itional 4a-tor pointin) to the possi.ility that the a--use

"%%

Leavin) asi e those matters 6 thin> it is li>ely* .ase on the -ontent o4 the messa)e -onsi ere in -onte;t* that the a--use either wrote or ma e Lisa (arnum write that messa)eA (owever* 6 a--ept that 6 -oul .e wron) a.out thatA 5s su.mitte .y Mr Stri->lan * Lisa (arnum was pro.a.ly very -on4li-te at that pointA 6 -annot .e sure that she i not respon to the -risis over the .a)s .y lashin) out at the women who were tryin) to help herA

"%4

Mrs (arnum sai she spo>e to Lisa (arnum a)ain at some point that ayA She )ave evi en-e that Lisa tol her that Simon ha 4oun out she was tryin) to .oo> Mrs (arnumEs 4li)htA Lisa sai she ha 4oun some 4iles on the -omputer that showe he ha .een tra->in) her messa)es an her emails an she was very upset an he was upset with herA She sai that she was )oin) to try an 4in a way to leave (T04)A 6t seems li>ely that was in 4a-t one o4 a num.er o4 -onversations very early the 4ollowin) mornin)A

"%+

5t 'A#0 pm on the evenin) o4 ": 1uly "#$$* Mrs (arnum sent a messa)e to Lisa (arnum sayin) C(i sweetieA 5re you o>PD (e;hi.it $0* item 4/+)A

"%/

The a--use )ave evi en-e that a 4rien o4 his* Mr <aul Ro>o.aro* -ame to their apartment that evenin)A (e )ave a -urious answer as to how he an Lisa (arnum were )ettin) on at that time (T'""A4:):
Lisa an 6 were )ettin) on well a4ter 6 .ro>e up with her an our wal> urin) the ay* we were tal>in)* an it was -lear we were .ein) really -ivil an still very mu-h in love with ea-h otherA

"%'

Mr Ro>o.aro )ave evi en-e 4or the a--use A Mr Ro>o.aro is a lar)e man whose auntin) physi-al presen-e .elies a )entle soulA (e has .een 4rien s with the a--use sin-e hi)h s-hool (T:$/A%#)A (e -on4irme that he ha visite them that evenin)A (e arrive at 'A"# pm (e;hi.it +")A (e i enti4ie himsel4 in CCTK 4oota)e ta>en 4rom the pinhole -amera (T:$4A4"G e;hi.it %4)A
2 +' 2

"%0

Mr Ro>o.aro sai that what he remem.ere a.out that ni)ht was that the a--use an Lisa (arnum were Ca lovin) -oupleD (T:$%A44)A (e repeate that phrase 4ive times urin) his evi en-e (T:$4A$$G T:$4A$+G T:$+A%%G T:$+A%+G T:$/A%")A

"%:

6n -ross2e;amination* he a)ree that he i not >now the a--use an Lisa (arnum ha is-usse separatin) on many o--asionsG that Lisa (arnum was plannin) to leave the a--use at that timeG that she ha ta>en steps to hi e some -lothes in a stora)e unit or that she ha )iven -lothes to her personal trainer to >eep 4or her (T:$+A4#)A

"4#

The Crown -ross2e;amine Mr Ro>o.aro as to his awareness o4 the -ameras in the unitA Surprisin)ly* it was one o4 the most suspense4ul moments o4 the trialA (e sai that he >new there was a hi en -amera in the wall .ut -oul not re-all when he .e-ame aware o4 that 4a-t or who tol himA (e >new there were -ameras insi e the unit an sai that he thou)ht he 4oun that out .e4ore Ms (arnumEs eathA (e thou)ht it was .oth the a--use an Lisa (arnum who tol himA The -ross2e;amination -on-lu e with the 4ollowin) e;-han)e (at T:$'A"0)
=A Di Lisa (arnum ever show you a note a.out -ameras insi e the apartmentP 5A No* she >new a.out it* .e-ause she tol meA =A Di she ever show you a note a.out -ameras insi e the apartmentP 5A No* not to my re-olle-tion* noA

"4$

The reason his evi en-e -reate suspense was that* when answerin) Huestions a.out his >nowle )e o4 the -ameras* Mr Ro>o.aro pause at )reat len)thA (e was visi.ly move that -ame were at o urin) those HuestionsA The answers s with the measure o4 an)st apparently 4elt .y the

witness .e4ore )ivin) themA 5 4rustratin) sense o4 in-ompleteness remaine a4ter he le4t the witness .o;A (owever* 6 have ultimately .een persua e .y Mr Stri->lan that 6 -annot sa4ely raw any -on-lusions 4rom
2 +0 2

Mr Ro>o.aroEs emeanour in the witness .o;A 6 a--ept that any num.er o4 thin)s -oul have unsettle him an pro.a.ly nothin) more than the aw4ul e;perien-e o4 seein) his lon)2time 4rien 4a-in) su-h a serious -har)eA "4" 5t 0A"4 pm Lisa (arnum replie to her motherEs earlier te;t* C6 am o>ayA (ow a.out youPD (e;hi.it $0* item 4/')A "4% Mr Stri->lan put to Mrs (arnum that she -alle Lisa at a.out 0A$# pm that evenin) an that they spo>e 4or Cappro;imately : to $# minutesD (T%%0A%/)A Notwithstan in) the spe-i4i-ity with whi-h those matters were put* no re-or was ten ere to support those etailsA The a--use i not )ive evi en-e o4 any su-h -allA 6n any event* at :A$+ pm Mrs (arnum sent a te;t to Lisa (arnum sayin) that there was a 4li)ht on ?ri ay -omin) .a-> on Sun ay C4or $/##D* presuma.ly a re4eren-e to the pri-e (e;hi.it K* item $4)A 6t seems li>ely that they spo>e .y telephone .etween su-h messa)esA "44 Lisa later sent a te;t to her mother CDoneA What airlineP 6Em o>ay ;D .ut a--or in) to the evi en-e .e4ore me* the time as-ri.e to that messa)e is $A%+ am on the Satur ay mornin)A (avin) re)ar to the sense an seHuen-e o4 the messa)es* that may .e wron)A 6t seems more li>ely to have .een a response to the messa)e to whi-h 6 have 9ust re4erre A "4+ 5t :A"0 pm* a man 4rom a Thai restaurant elivere ta>e away (e;hi.it %4)A The a--use sai Mr Ro>o.aro ate with them (T'""A4")A "4/ 5t :A%' pm* Mrs (arnum wrote (e;hi.it K* item $$/):
5ir -ana a an unite A 6 will .oo> 4rom hereA 6t is -heaperA (ow is everythin)

"4'

5t $#A%/ pm* Mrs (arnum wrote (e;hi.it K* item $$0):


Goo ni)ht sweetieA Sweet reamsA Love youA Ro;o;o
2 +: 2

"40

5t $$A"' pm Lisa (arnum wrote (e;hi.it K* item $$%):


6 am o>ay mama* everythin) has -alme ownA 6 tol him you were -omin) ownA (ope you still willA Let me >now the ates an 6 will .uy you a ti->etA 6 will -all Qou tomorrow when 6 -an to tal> to you more a.out itA Di you )et tour (si-) results .a-> 4rom the o-torP 6 love you ;o;o;o;oDA

"4:

The a--use )ave evi en-e -onsistent with that messa)eA (e sai that Lisa (arnum tol him her mother was -omin) to spen time with her .e-ause she (Lisa) was upset a.out the .rea>2upA (e sai that Lisa i not say anythin) a.out .oo>in) a one2way ti->et 4rom 5ustralia to Cana aA

"+#

The a--use sai that* a4ter <aul Ro>o.aro le4t* he an Lisa (arnum went to .e an -hose Ca movie -alle Romeo an 1ulietDA (e sai that they were lyin) in .e wat-hin) the movie arm in arm an that he 4ell asleep .e4ore the movie 4inishe A

"+$

Shortly a4ter mi ni)ht Lisa (arnum sent a messa)e to her mother as>in) i4 she was o>ay (item 4// o4 e;hi.it $0)A 5t "A$+ am* Lisa wrote C)oo ni)ht mamaA 6 hope you have a .eauti4ul ay to ayD (e;hi.it K* item $$')A

"+"

The a--use sai he wo>e up at aroun % or 4 oE-lo-> in the mornin)A (e sai that Lisa (arnum was Cstill wat-hin) the -oo>in) showsD an he -oul not )et .a-> to sleepA (e went to the -omputer room an trie to lo) in to the monitorin) system .ut -oul not )et in (T'"+A$#)A (e sai that* .e-ause he -oul not sleep* he thou)ht he woul wat-h some pornA (e sai he presse the re-or .utton on the -amera in -ase Lisa (arnum wal>e inA

"+%

CCTK 4oota)e shows that one o4 the -ameras was swit-he on at 4A4+ am an swit-he o44 at +A$+ amA The a--use a)ree that he swit-he the -amera o44 at the en o4 the hal4 hourA (e sai he >new when he le4t the stu y at a.out +A$+ am that .oth internal -ameras were swit-he o44 (T0%')A
2 /# 2

"+4

The a--use sai that* a4ter wat-hin) some porn* he a)ain trie to )et into the monitorin) pro)ram .ut the passwor was still not wor>in)A (e went to the .e room an as>e Lisa whether she ha -han)e the passwor A She mum.le somethin) an he >new she ha A (e sai (at T'"/A$$) CCe-ilia* you >now you shoul have 9ust as>e me* we -oul have spo>en a.out thisA Qou >now it is all to o with the se-retA 64 you 9ust tell me the se-ret then that woul nEt even e;istDA She sai C6Em not rea y to tell you the se-retDA The a--use sai he then )ot upset an tol her to pa-> her .a)s an leave in the mornin)A (e tol her that i4 she was honest with him at the .e)innin) they woul nEt .e in that situation or he woul nEt have to o somethin) that he i nEt want to o or i nEt 4eel -om4orta.le with (the monitorin) o4 her messa)es)A

"++

6 a--ept that there was almost -ertainly some -onversation .etween Lisa (arnum an the a--use that mornin) a4ter +A$+ am (when he turne the -ameras o44)A (owever* 6 very mu-h ou.t that the -onversation was as re-ounte .y the a--use A

"+/

The a--use sai (T'"'A'):


Ce-ilia le4t the room an 6 went to .e A 6 was lyin) in .e .ut 6 was havin) a restless sleep an 6 wo>e upA 6 4ell asleep an remem.er wa>in) up 2 6 onBt >now what time it was that 6 went to .e * 4A%#* +* .ut 6 wo>e up a short time later* an 6 remem.er hearin) lou lau)h* it soun e li>e Ce-ilia was on the phone* an 6 remem.er her lau)hin)A 6 .elieve* 6 onBt >now who it was* .ut 6 thin> she was on the phone with her mother* an 6 remem.er hearin) a lau)h 4rom Ce-ilia an 6 wo>e upA

"+'

5s with other parts o4 the a--use Es evi en-e* that evi en-e soun e more li>e an e-ho o4 evi en-e in the Crown -ase than a )enuine a--ount o4 any real eventA

"+0

Telstra re-or s o4 the out)oin) -alls on the a--use Es lan line show three -onse-utive -alls in short su--ession usin) the international a--ess -ar early that mornin) (e;hi.it 4+* showin) a -all o4 /4 se-on s at +A%0 am*
2 /$ 2

one o4 % se-on s at +A%: am an one o4 "$'/ se-on s or a.out %/ minutes at +A4$ am)A The thir o4 those -alls was the last out)oin) -all on that lineA 6 am satis4ie that those were -alls ma e .y Lisa (arnum to her motherA "+: Mrs (arnum sai that the last time she spo>e to Lisa (arnum was in a phone -all whi-h she un erstoo was ma e .y Lisa on the house phone 4rom the .athroomA 5s alrea y note * Mrs (arnum )ave evi en-e o4 a -onversation in whi-h Lisa tol her that the a--use ha 4oun out she (Lisa) was tryin) to .oo> a 4li)ht 4or Mrs (arnum (T04A%#)A Mrs (arnum sai Lisa also tol her that the a--use ha ta>en her -ell phone awayA Lisa sai she ha 4oun some 4iles that showe the a--use ha .een tra->in) her messa)es an her emailsA She sai ea-h was very upset with the otherA Mrs (arnum sai Lisa tol her that she was )oin) to try an 4in a way to leave (T04A40)A "/# There may .e some -on4usion in that a--ount* sin-e it appears 4rom the te;t messa)es that Lisa (arnum ha alrea y tol the a--use .y that time that Mrs (arnum was -omin) to 5ustraliaA 6t seems li>ely that Mrs (arnum has -on4late some o4 the etail with that o4 an earlier -onversationA 6t oes* however* seem li>ely that the last -all tou-he on Lisa (arnumEs is-overy that the a--use ha .een tra->in) her messa)es an emailsA ?or reasons alrea y e;plaine * 6 thin> it is li>ely that she ma e that is-overy 4or the 4irst time that ni)htA 6 also .elieve that she was very upset .y that is-overy* as she tol her motherA "/$ Mrs (arnum sai that* urin) that last -all* Lisa (arnum tol her that she love her an 1ason with all her heartA Mrs (arnum sai WhatEs wron)P Lisa Harnum was very upset and said that she was going to try to leave. She said CMommy* i4 anythin) happens to me* please -onta-t Mi-helleDA She ma e Mrs (arnum ta>e own Mi-helle Ri-hmon Es etails an rea them .a-> to herA Mrs (arnum es-ri.e her as C4ranti-D an sai that she sai Cplease -onta-t Mi-helle i4 somethin) happens to meD (T%4"A"")A Mrs (arnum sai Lisa tol her that she woul -onta-t her as
2 /" 2

soon as she -oul * however she -oul * the ne;t mornin)A Lisa (arnum then sai that she was )oin) to )o to sleepA They sai their )oo .yesA That was the last time Mrs (arnum hear 4rom her au)hter (T00A')A "/" Mrs (arnum e;plaine that she thou)ht that phone -all was ma e on the ?ri ay ni)ht (Sy ney time) .e-ause Lisa ha sai she was )oin) to .e (T%%'A$+* T%4$A%:* T%4$A40)A 6t is -lear enou)h 4rom the phone re-or s that the last overseas -all was ma e early on the Satur ay mornin)A "/% Mr Stri->lan note that one o4 the thin)s Mrs (arnum sai a.out the last -all was that Lisa sai the a--use was in a meetin) in the .uil in) (T%%/A$")A (e note that she was very spe-i4i- a.out that etail an that 6 shoul there4ore -on-lu e that she was -on4use a.out the seHuen-e o4 those -allsA 5s alrea y in i-ate * 6 a--ept there is some -on4usion as to the etailA (owever* there is one aspe-t o4 the evi en-e as to whi-h 6 have no ou.tA Mrs (arnum re-alls that one o4 the last thin)s her au)hter sai was that she love her mother an 1ason with all her heart an that i4 anythin) happene to her* 4or them to -onta-t Mi-helleA That is a -onversation a mother woul .e unli>ely to 4or)et as she ruminate over the eath o4 her au)hter a short time later 4rom the other si e o4 the worl A 6 o not ou.t the relia.ility o4 that part o4 Mrs (arnumEs a--ount o4 the -allA "/4 My analysis o4 those matters lea s me to -on-lu e that Lisa (arnum was in a state o4 a.solute 4ear an espair .y / am on the mornin) o4 her eathA 6 am satis4ie that the events o4 the evenin) ha -ause her to thin> that she nee e to Ctry an 4in a way to leaveD an that somethin) mi)ht happen to herA "/+ 6 4in it i44i-ult to a--ept the a--use Es evi en-e a.out wat-hin) porn at that timeA 6 thin> it is more li>ely that he spent that hal4 hour -he->in) Lisa (arnumEs emails an internet usa)e or tryin) to )et into her SMS messa)esA 5s note .y Mr Stri->lan * there is no evi en-e that she ha in 4a-t .oo>e a one2way ti->et at that timeA 3ut her -onversation with Mr Gran)er -ertainly shows that she was -onsi erin) oin) soA 6t seems
2 /% 2

very li>ely that she woul have le4t some 4orensi- trail* whi-h the a--use woul have 4oun urin) the time he says he was wat-hin) porn* revealin) that she was not 9ust plannin) to .rin) her mother to 5ustralia .ut was in 4a-t plannin) to return to Cana a with herA 7ven i4 that is wron)* his is-overy that she ha -han)e the passwor to his spyin) pro)ramme was* in my view* enou)h to sen him into a Huiet ra)eA "// The a--use sai that* a4ter he hear Ce-ilia on the phone* he went .a-> to sleep an wo>e up at aroun : or :A%# amA (e sai that his heart was still not at pea-e with the .rea>2upA (e stoo outsi e the spare room an saw that Lisa (arnum ha pa->e some .a)sA (e sai Cwhen 6 4irst loo>e at her 6 noti-e that she was rippin) up a pie-e o4 paperA 6 sai to her Owhat are you oin)PEA She sai Onothin)* 6 was 9ust writin) somethin) 4or mum* .ut she was 9ust .ein) her paranoi sel4EDA 6 really o not >now what to ma>e o4 that evi en-eA "/' The a--use sai he as>e Lisa (arnum whether she ha -han)e the passwor an she sai that she ha -han)e it to CTRFSTDA The a--use sai (at T'"0A"0):
6 then sai to her* U6 thin> that is a )oo topi- an 6 thin> that we shoul is-uss trustA Can we tal> a.out thatPU Ce-ilia sai * UQes* let me 9ust -han)eAU So she put on pants that were on the .e * 9eansA 5n 6 thin> she put some eo erant on .e-ause she ha nBt slept* an then she -ame* 6 sat on the loun)e 4a-in) the TK an Ce-ilia sat on the seat whi-h was the inin) ta.le -hairA 6 then starte to tal> to Ce-ilia* an 6 sai to her* U6Bm really sorry a.out monitorin) your messa)esA 6 was not -om4orta.le in oin) thatA 6 un erstan you must .e upset at that* .ut you have to un erstan * i4 6 ha a se-ret an 6 was too ashame to tell you* that you woul also have some trust issues as wellAU Ce-ilia wasnBt really respon in) to what 6 was sayin)A

"/0

The a--use sai that she then rolle her eyes an sai Cyou tol me to leave* so 6Em leavin)D (T'":A$/)A 5--or in) to the a--use * he then sai C-an you show me the .oo>in) pleaseDA (e e;plaine that* i4 she was sayin) she was leavin)* he wante to see the .oo>in) that she was leavin)A

2 /4 2

"/:

That evi en-e was -uriousA 6 o not un erstan why the a--use woul assume that* i4 Lisa (arnum was movin) out* she woul ne-essarily .e 4lyin) somewhereA 6 thin> that was more pro.a.ly a eli.erately istorte .ut a--i entally revealin) version o4 true eventsA 6t su))ests that the a--use ha as-ertaine .y his own surveillan-e that there was a .oo>in) an was eman in) an e;planation o4 the >in he eman e when he 4oun out a.out the .a)s )iven to Lisa 3rownA 7ven i4 that is wron)* it -on4irms his pre-on-eption (o4 whi-h she spo>e to others) that i4 she le4t him* she ha to )et out o4 townA

"'#

The a--use sai that* as soon as he as>e Lisa (arnum to show him the .oo>in)* she )ot up* )ra..e her han .a) an ran 4or the oorA (e sai he ran .ehin her an )ot to her .e4ore she )ot out the oorA (e sai (at T'":A40):
The oor was open* she )ot to the oor an opene it* an 6 )ot to her at the oor entran-eA 6 was hol in) her so she woul nEt run outsi e* -ause a s-ene an she starte to s-ream* as 6 ha hol o4 her* 6 thin> 6 ha hol o4 her waist* 6Em not too sure* at the oorA 5n she mi)ht have .een hittin) or .an)in) on somethin)* 6 onEt >now e;a-tly what it wasA 5s soon as she s-reame * 6 instantly thou)ht o4 the nei)h.ours an how em.arrassin)A

"'$

(e sai he put his han on her mouth to stop the s-ream an .rou)ht her strai)ht insi eA

"'"

The oor o4 unit $+#% was imme iately ne;t to an perpen i-ular to the oor o4 unit $+#4A 5s at %# 1uly "#$$* the o--upants o4 that unit were Mrs Susan Glanville an Mr Charles GlanvilleA Mrs Glanville ha met the a--use in passin)A She i not ever meet Lisa (arnumA ,n the mornin) o4 %# 1uly "#$$* shortly .e4ore $# am* Mrs Glanville hear .an)in) on her oor an * with the .an)in)* a womanEs voi-e s-reamin) Cplease help me* help me* Go help meD (T/$$A$4)A Mrs Glanville was a 4irm an 4orthri)ht witness who )ave a -ompellin) a--ount o4 what she hear A She sai she >new it was her 4ront oor that was .ein) >no->e on .e-ause* as she hear the .an)in)* she approa-he the oor an -oul see it sha>in)A She hear a manEs raise voi-e yellin)A She -oul not is-ern any wor sA
2 /+ 2

"'%

Mrs Glanville sai that* as she was wal>in) towar s the oor* there was silen-eA The s-reamin) an yellin) laste 4or 9ust a 4ew se-on s an then it stoppe ea A She lo->e the oorA

"'4

Mr Glanville also hear .an)in) on the oor an s-reams (T/$'A$')A (e sai it was a la y s-reamin)A She was s-reamin) Chelp me* help me* please Go * help meD in a very istresse mannerA (e wal>e to the -orri or where his wi4e wasA The s-reamin) ha stoppe .y that sta)eA (e sai that it stoppe su enly (T/$'A%0)A (e i not open the oorA

"'+

54ter the s-reamin) stoppe * Mr Glanville went .a-> into the .e room where he was wor>in) on a 4a; ma-hineA Mrs Glanville sai that the ne;t thin) she hear was Ca very* really pier-in) s-reamD 4rom outsi e the unitA 6t was a 4emale s-ream (T/$"A$4)A She sai that it appeare to -ome 4rom outsi eA She a)ree in -ross2e;amination that the s-ream -oul have -ome 4rom the streetA Mr Glanville sai that Mrs Glanville -ame into the .e room an sai Coh* i you hear thatPD .ut he ha not hear anythin) (T/$0A+)A

"'/

They later went ownstairs an saw the a--use A Mr Glanville a)ree that the a--use was starin) into spa-e li>e he was in a aSe (T/$:A0)A

"''

Mr Glanville ha met the a--use in passin) on a num.er o4 o--asions an on one o--asion ha .een intro u-e to his 4ian-TeA (e a)ree that they .oth appeare to .e very happy on that o--asion (T/$:A$/)A

"'0

The moment when the a--use put his han over Lisa (arnumEs mouth was -apture on CCTK 4oota)e 4rom his own pinhole -ameraA The 4oota)e .e)ins at :A+4 am (T4+#G e;hi.it W an see stills o4 the relevant ima)es in e;hi.it 5)A

"':

<oli-e -he->e the -orre-tness o4 the timin) re-or e on the a--use Es -omputer an on the CCTK system at The (y eA The a--use Es -omputer was 4' se-on s slow -ompare with a >nown time sour-e* while The (y e system was /# se-on s slowA 3y re4eren-e to those 4in in)s* a summary was prepare showin) the a 9uste time o4 the events epi-te
2 // 2

on the 4oota)e 4rom ea-h sour-e (e;hi.it CC)A 6 have .een -are4ul to ma>e my own o.servations as to the timin) o4 the events shown at the .e)innin) o4 e;hi.it WA (owever* the re-on-iliation allows a -al-ulation o4 the timin) o4 events shown on other 4oota)eA "0# Dete-tive Wee>es -al-ulate that the lapse o4 time .etween when the a--use )ra..e Lisa (arnum .e4ore ta>in) her .a-> into the unit an the time when Lisa (arnum roppe to the 4ootpath o4 Liverpool Street was /: se-on s (T+'#A"')A The time .etween when the a--use )ra..e Lisa (arnum an the a--use 4irst le4t the unit was 0% se-on s (a 4urther $4 se-on s)A 54ter 4irst leavin) the unit* the a--use spent %% se-on s )oin) .a-> into the unit an leavin) 4or the se-on time (with a shirt on) (T+'#A%+)A (e woul have ha time when he went .a-> into the unit to -he-> whether the -ameras were on or o44* .ut he was not as>e a.out thatA "0$ 5n interestin) 4eature o4 the pinhole 4oota)e is that it -learly shows Lisa (arnum hea in) in the ire-tion o4 the li4t* not towar s the oor o4 Mr an Mrs GlanvilleEs unit* at the time the a--use )ra.s her .y the 4a-e (see e;hi.it 3G e;hi.it W as mar>e .y Dete-tive Wee>es at T++'A4+)A The a--use a)ree that Lisa (arnum was attemptin) to )o towar s the li4t at that time (T'+#A%$)A 6t is a--or in)ly i44i-ult to re-on-ile the seHuen-e o4 o.9e-tively esta.lishe events with the evi en-e o4 the a--use as to what happene at the oorA There is no reason to ou.t that Lisa (arnum i .an) on the oor o4 unit $+#4 an s-ream 4or helpA Mrs Glanville was a ro.ust witness as to those eventsA "0" 5 -are4ul review o4 the 4oota)e has le4t me in -onsi era.le ou.t as to whether the .an)in) on the GlanvillesE oor -oul have o--urre .e4ore the event epi-te in the 4oota)e o4 the a--use rea-hin) out an )ra..in) Lisa (arnum as she ran 4or the li4tA 64 she .an)e on the oor o4 unit $+#4 .e4ore she was )ra..e .y the a--use * it must have .een e;tremely Hui-> 8 only one or two se-on s pass .etween the openin) o4 the oor an the point where he )ra..e herA 64 she .an)e on the oor o4 unit $+#4 a4ter the event epi-te in the 4oota)e* there was more o4 a
2 /' 2

stru))le in the oorway than su))este .y the a--use in his evi en-eA 6 am una.le to .e -ertain one way or the other as to the resolution o4 that issueA "0% The a--use sai that* as soon as he an Lisa (arnum -ame insi e* he let )o o4 her mouth* they -lose the oor or the oor -lose .y itsel4 an they .oth went Huiet (T'%#A$0)A The oor ha a sel42-losin) hin)e me-hanism (e;hi.its "/ an +$)A The a--use sai that Lisa (arnum went an sat at the loun)e an he went into the >it-hen to ma>e her a hot rin>A Mr Stri->lan emphasise that photo)raphs ta>en .y poli-e show the >ettle with the li open (e;hi.its Q an "')A 6 a--ept that evi en-e is -onsistent with the a--use Es a--ountA (owever* it is not uneHuivo-alA The >ettle may eHually have .een le4t in that position .e4ore Lisa (arnum ran 4or the oorA "04 The a--use sai he then sai to Lisa (arnum (T'%#A4%):
6 -anEt .elieve what 9ust happene at the oorA 6Em so em.arrasse A The nei)h.ours are pro.a.ly outsi e ri)ht now an pro.a.ly hear everythin)A

(e then sai :
Woul you please 9ust tell me what this se-ret isA 6t will all .e easy i4 you 9ust tell me the se-retA

"0+

The a--use sai that he was not shoutin) at that sta)e an was as -alm as he -oul .e (T'%$A$")A

"0/

The a--use sai that Lisa (arnum then ran outsi e the .al-ony oorA (e was still in the >it-henA (e sai he thou)ht to himsel4 Cwhy is she runnin) to the .al-onyP What is on the .al-onyPD (e ran towar s the .al-ony to see where she was )oin)A (e sai when he steppe outsi e onto the .al-ony* his 4irst vision o4 Lisa (arnum was that she was alrea y over the .al-ony rail 4a-in) him with 9ust her le4t le) still on the insi e o4 the .al-ony
2 /0 2

(.ut see e;hi.it "'* whi-h su))ests that he shoul have .een a.le to see what she was oin) .e4ore he )ot to the .al-ony)A (e sai that he mi)ht have s-reame out her name an he ran strai)ht towar s her with .oth arms to try to )et hol o4 her or a part o4 her 9ust to stop her 4rom what she was oin)A (e sai that as she )ot her le4t le) over* han .a) still in her han * she 9umpe or release hersel4 own onto the awnin)A 5s she was oin) this he was -omin) towar s her to try an )et to herA 5s she release hersel4 onto the awnin) her ri)ht le) instantly .u->le an she 4ell to her ri)ht (his le4t)A (e sai she lan e on the awnin)* lyin) a-ross the awnin) with her hea 4a-in) westA 5t that sta)e* one o4 her le)s was o44 the awnin)A "0' The a--use sai (at T'%"A$/):
5A Ce-ilia loo>e at meA 6 instantly threw* pushe mysel4 up onto the .al-ony rail an reste my -hest or my 2 not even my -hest* my lower 2 .elow my .elly .utton onto the .al-ony rail* an 6 rea-he out as 4ar as 6 -oul to )et a han or two han s or anythin) to try an )et hol o4 Ce-iliaBs le)s or any part o4 Ce-iliaA

"00

The a--use Es .arrister spe-i4i-ally as>e him whether he saw Lisa (arnumEs 4a-e when she was on the awnin) o4 the $+ th 4loor (T'4"A:)A (e sai that he i A (e es-ri.e the moment .e4ore her 4all as 4ollows (at T'%%A"):
6 was rea-hin)* yesA 6Bm not too sure i4 6 s-reame at this sta)eA 6 >now 6 s-reame at least twi-eA Ce-ilia* a4ter 6 -oul nBt rea-h her* 9ust 2 it was li>e she isappeare or let )o* 6Bm not too sure* an as soon as that happene * 6 s-reame her name out an instantly she hit the $4th awnin) 4rom her waist an a.ove with massive impa-t an that a-te li>e a sprin).oar an sprun) her out* 4orwar * an then Ce-ilia .e)an to 4ree 4allA

"0:

(e sai that he s-reame her name out in espair an sho-> an pushe himsel4 as 4ar as he -oul to >eep his eyes on her until she hit the )roun A

":#

The level o4 etail in the es-ription o4 the .o y hittin) the $4 th 4loor awnin) was at o s with the )li. a--ount )iven to Dete-tive Re;* who re-or e
2 /: 2

the a--use as havin) sai * within hours a4ter Lisa (arnumEs eath:

6 ran towar s the railin) an 6 -anEt remem.erA 6 was 9ust tryin) to hol her 4rom 4allin)A 6 was 9ust )ra..in) at her* 6 onEt >now* 6 mi)ht have ha her han .a) or 9a->et an then she was )oneA

":$

6t is i44i-ult to arti-ulate my impression o4 that evi en-e e;-ept to say that 6 4oun it un-onvin-in)A To an e;tent* 6 am re4errin) to the emeanour o4 the a--use in the witness .o;A Mr Stri->lan remin e me o4 the nee 4or -aution in pla-in) relian-e on an a--use personEs emeanour* -itin) possi.ly the most 4amous e;ample in the history o4 5ustralian -riminal 9usti-e* Lin y Cham.erlain* whose emeanour in the witness .o; was re)ar e as .ein) in-onsistent with that whi-h the -ommunity e;pe-ts o4 a )rievin) motherA That is a -autionary tale* .ut 6 o not thin> 6 shoul put asi e my impressions o4 the a--use alto)etherA 5t many times in his evi en-e* the a--use stru-> me as a person playin) a role* tellin) a story whi-h 4itte neatly with the o.9e-tive evi en-e .ut whi-h i no more than thatA (is a--ount o4ten appeare to rest on .orrowe ri-hness an su.tlety o4 a-tual e;perien-eA etail* la->in) the

":"

Three people saw Lisa (arnumEs .o y 4allA ,4 those only one* Mr 1osh Rathmell* was put 4orwar .y the Crown as an eyewitness to the a-t alle)e a)ainst the a--use o4 throwin) or unloa in) Lisa (arnum over the .alustra eA 6 a--ept* as su.mitte on .ehal4 o4 the a--use * that i4 6 were to entertain a reasona.le ou.t a.out the a--ura-y or relia.ility o4 Mr RathmellEs evi en-e* 6 shoul 4in the a--use not )uiltyA

":%

6 also a--ept* as su.mitte .y Mr Stri->lan * that there is some analo)y .etween evi en-e o4 the >in )iven .y Mr Rathmell an i enti4i-ation evi en-e an that Mr RathmellEs evi en-e must a--or in)ly .e -are4ully analyse with a view to i enti4yin) any 4a-tors that may ren er it unrelia.leA

":4

5s at %# 1uly "#$$* Mr Rathmell wor>e as the assistant e itor in the news epartment o4 the 53C in (arris Street* FltimoA 6t was his pra-ti-e ea-h ay to wal> to wor>A (is re)ular route too> him alon) a ia)onal 4ootpath
2 '# 2

4rom the War Memorial in (y e <ar> to the entran-e to Museum Station on the -orner o4 Liverpool an 7liSa.eth Streets (see Goo)le map* e;hi.it 1)A (e was some way alon) that path when he saw the events es-ri.e in his evi en-eA (e sai there was a .eauti4ul .lue s>y that ay an that it was very -learA ":+ 5s Mr Rathmell was wal>in) alon) the path* he hear what he es-ri.e as C eran)e s-reamin)D 4rom a male voi-eA That evi en-e was a mitte as provi in) a term es-riptive only o4 the soun * not o4 the a--use (T"40A$$)A 5s 4ar as Mr Rathmell -oul tell* there was only one voi-e (the male voi-e)A Mr Rathmell was stan in) in 4ront o4 The (y e .uil in) at that timeA (e loo>e up an saw the in-i ent whi-h he later reporte A (e sai (at T"4:A4):
To .e more spe-i4i- an to put it in i44erent terms* 6 saw a man with no shirt -arryin) what at the time as 6 have es-ri.e to .e .la-> lu))a)e or u44le .a) or a .la-> o.9e-t an that was the a-tion that my eyes were imme iately rawn to when 6 re)istere the s-reamin)A

":/

6t was not ispute that the man Mr Rathmell saw was the a--use A Mr Rathmell sai that the .la-> o.9e-t was lon)er than it was tallA (e in i-ate an o.9e-t somethin) .etween a metre an a metre an a hal4 wi e (T"4:A%")A (e sai that the o.9e-t was .ein) hel horiSontally in the manEs arms an that the manEs arms were outstret-he with the o.9e-t layin) a-rossA

":'

Mr Rathmell sai (at T"+#A$%):


6 saw the man unloa the o.9e-t o44 the .al-ony an in what 6 es-ri.e as a 4lui motion almost* -ompletely imme iately turn an .oun-e strai)ht .a-> into the apartmentA

":0

Mr Rathmell was as>e to emonstrate that a-tion out o4 the witness .o;A 6n oin) so (at T"+#A"")* he i enti4ie the notional horiSontal e )e o4 the .al-ony an emonstrate the Cunloa in)DA (e sai :
2 '$ 2

There was possi.ly a moment where the han s met the .al-ony railin) ! emonstratin) han s on the railin)& an then pushin) an )oin) strai)ht .a-> into the apartmentA

"::

6t was a -are4ul an -ompellin) a--ount* es-riptive o4 a eli.erate a-t o4 unloa in) an o.9e-t over the railin) o4 a .al-onyA

%##

Mr RathmellEs emonstration in -ourt o4 the unloa in) a-tion was -onsistent with a emonstration )iven .y him a wee> a4ter Lisa (arnumEs eath when he i a wal>2throu)h with poli-e in whi-h he emonstrate the pre-ise position 4rom whi-h he ha ma e his o.servationsA The wal>2 throu)h was re-or e .y poli-e (e;hi.it JG parts o4 the es-riptions )iven .y Mr Rathmell on that vi eo were e;-lu e 4rom evi en-e: see T"+/ to T"+0)A Durin) the wal>2throu)h* Mr Rathmell was as>e whether he saw what turne out to .e a .o y in the han s o4 the man without a shirtA (e sai that was e4initely his per-eptionA (e sai it was someone hol in) the .la-> o.9e-t an unloa in) itA

%#$

Mr Rathmell )ave evi en-e that* when the man unloa e the o.9e-t* it .e)an to 4allA (is view o4 the o.9e-t was o.stru-te A (is attention was still on the man when the man ran insi eA 5t that sta)e* Mr Rathmell i not >now that the o.9e-t was a .o yA

%#"

Mr Rathmell es-ri.e the o.9e-t as .ein) .la-> in -olourA That was one o4 the points ta>en .y the a--use in respe-t o4 the relia.ility o4 the evi en-eA <hoto)raphs reveal that Lisa (arnum was in 4a-t resse in -lothes that were .lue* not .la-> (T$"#+A$')A (owever* the .lue was Huite a ar> .lue (see e;hi.it JJ) an her hair was .la->A

%#%

There was a tree in the 4ore)roun o4 the s-ene Mr Rathmell saw whi-h* 4rom that an)le* rea-he up to the 4i4teenth 4loor o4 The (y eA Mr Rathmell sai that it ha no leaves at that time* sin-e it was the mi le o4 winter (T"+4A4%)A <hoto)raphs ta>en .y Dete-tive Wee>es a wee> a4ter Lisa (arnumEs eath 4rom the point on the pathway where Mr Rathmell says he stoo -on4irm the a.sen-e o4 leaves at that time (T+%0A+G e;hi.it T)A
2 '" 2

%#4

6t was su.mitte on .ehal4 o4 the a--use that* even without leaves* the tips o4 the .ran-hes partially o.s-ure or o.stru-te Mr RathmellEs viewA 6n or er to assess that su.mission 6 have* as invite .y Mr Stri->lan * loo>e -are4ully at the wal>2throu)h vi eo a)ain* as well as the photo)raphs in e;hi.it T* on whi-h Dete-tive Wee>es i enti4ie the relevant .al-onyA That material esta.lishes to my satis4a-tion that there was no real o.stru-tion to Mr RathmellEs view (e;hi.its J an T)A

%#+

Mr Rathmell sai that* a4ter pausin) 4or a while to o.serve* an in sli)ht -on4usion* he -ontinue to wal> own the pathA When he rea-he Museum Station* he saw two la.ourersA 3y that time* 4rom o.servin) the rea-tions o4 people on the street* he thou)ht it was a human .o y rather than lu))a)e that he ha seenA (e sai to the la.ourers Cmate is that a .o yPD an one o4 them -on4irme that it wasA Mr Rathmell then -ontinue wal>in) to wor>A

%#/

6t was su.mitte on .ehal4 o4 the a--use that* i4 Mr Rathmell ha seen a eli.erate unloa in) o4 the o.9e-t as he es-ri.e * an realise shortly a4terwar s that the o.9e-t was a human .o y* it is in-on-eiva.le that he woul have -ontinue on to wor> rather than remain at the s-ene to )ive a statement imme iatelyA 6t was su.mitte that the only rational hypothesis is that he was at that time Cin4e-te with ou.tD as to what he ha seen (T$"#/2$"#')A

%#'

6 o not thin> there is anythin) parti-ularly trou.lin) or surprisin) a.out the 4a-t that Mr Rathmell i not remain at the s-eneA (e sai that he ha alrea y e-i e at the s-ene that he was )oin) to ma>e a statement to poli-eA (e 4ran>ly a->nowle )e that* when he )ot to wor>* he was tryin) to pro-ess what he was thin>in) (T"+"A$+)A (e sai that it i not o--ur to him to ma>e a report to any.o y at the s-eneA (e was on his way to wor> an he ha e-i e that he woul ma>e a statementA (e i not realise it was o4 importan-e to ma>e it in personA There are many reasons a youn) man in Mr RathmellEs position may have ta>en that approa-hA 6 o not
2 '% 2

a--ept that the only rational e;planation 4or his not remainin) at the s-ene is the e;isten-e o4 ou.t in his min as to what he ha seenA %#0 Mr Rathmell ma e three -alls to poli-e that ay an was tol ea-h time that he woul .e ma>in) a statement at some time shortly therea4terA (owever* that i not happenA Fltimately* the 4ollowin) Tues ay evenin)* he went to Surry (ills poli-e station to )ive his a--ount in personA (e sai that* at the time he ma e his statement* the events he ha witnesse on the Satur ay were still 4resh in his min A The wal>2throu)h was one the 4ollowin) Satur ayA %#: Mr Rathmell es-ri.e the noise he hear 4rom the male on the .al-ony as C)utturalD (T"+:A$#)A (e sai that the -om.ination o4 the noise an the motion o4 throwin) somethin) o44 the .al-ony appeare to him to .e Huite an a))ressive a-tion (his previous es-ription on the wal>2throu)h o4 that a-tion as Calmost in a ra)eD was e;-lu e 4rom evi en-e)A (e es-ri.e the voi-e as in-omprehensi.le* lou * sli)htly mani- s-reamin)A %$# 6t was not su))este to Mr Rathmell in -ross2e;amination that the o.9e-t he saw 4allin) was anythin) other than what turne out to .e the .o y o4 Lisa (arnumA There was no su))estion that any other o.9e-t 4ell 4rom The (y e apartments onto the 4ootpath at that time that mornin)A The -riti-al issue as to Mr RathmellEs evi en-e was the relia.ility o4 his a--ount o4 his o.servationsA %$$ ?or e;ample* in the wal>2throu)h vi eo* Mr Rathmell ha he ha es-ri.e the

a--use as wearin) re py9ama pants* whereas in his statement to poli-e es-ri.e him as wearin) stripe py9ama pantsA (e e;plaine that his memory was that the man was wearin) py9ama pants Cstripe with an a--ente re -olourG re was the main -olourD (T"/$A4+)A That is a )oo es-ription o4 the pants in 4a-t worn .y the a--use that mornin)* as epi-te in e;hi.it 'A

2 '4 2

%$"

Mr Rathmell a--epte that it was possi.le he ha not sai to anyone at the s-ene that he saw a man unloa an o.9e-t 4rom a .al-ony or win owA 6t was put to him that he i not say su-h a thin) to any person at the s-ene .e-ause he i not in 4a-t see anyone unloa an o.9e-t 4rom a .al-ony or a win owA (e replie (at T"/%A%/) C6 may not have sai that .ut 6 remain a amant that 6 i see thatDA

%$%

Mr Rathmell was -ross2e;amine as to evi en-e he )ave at the -ommittal hearin) in these pro-ee in)sA 6n those pro-ee in)s* he was as>e why he ha not spo>en to anyone at the s-ene* su-h as a poli-e o44i-erA (e sai : Cto .e honest* it i nEt o--ur to meA 5t that sta)e 6 was still tryin) to un erstan what 6 ha seenDA

%$4

Mr Rathmell -on4irme in the trial that* at the sta)e when he le4t the s-ene to )o to wor>* he was Cstill tryin) to un erstan D e;a-tly what he ha seenA (e a)ree that* in one o4 his -onversations with poli-e on the ay o4 the in-i ent* he ha sai C6 -oul nEt tell what it was* 6 thou)ht it was a 9un>ie throwin) ru..ish out the win owDA

%$+

6n one o4 Mr RathmellEs three -alls to poli-e that ay* he spo>e to Dete-tive Re;A The Dete-tive ma e the 4ollowin) notes o4 that -onversation (e;hi.it $4):
Wal>in) throu)h (y e <ar>* hear a .un-h o4 s-reams* soun e li>e a man .ut mu44le -oul nEt hear what was sai A Loo>e up towar s apartments 6 -oul nEt tell what is was (si-)* thou)ht it was a 9un>ie throwin) ru..ish out win owA Saw it 4allin) an saw a man stan in) near the win ow loo>in) li>e he was )raspin) loo>in) ownA

%$/

The notes also re-or e the 4ollowin): C i nEt see 9ump or push .ut wat-he the .o y 4allDA Dete-tive Re; e;plaine that note* sayin) that he as>e Mr Rathmell a Huestion C i you see her 9umpPD an Mr Rathmell replie CnoDG he as>e C i you see her )et pushe PD an Mr Rathmell replie CnoD (T4'/)A

2 '+ 2

%$'

6 a--ept* as su.mitte on .ehal4 o4 the a--use * that those notes are li>ely to .e a--urate notes o4 what was sai .ut they o not purport to provi e a -omplete a--ount .y any meansA Mr Rathmell oes not appear to have .een )iven the opportunity to a opt the notes at any sta)eA 6n his evi en-e in the trial* he maintaine that he -oul not re-all the pre-ise wor s he sai to Dete-tive Re;A

%$0

Mr Stri->lan su.mitte that* i4 Mr Rathmell ha sai wor s to Dete-tive Re; to the e44e-t that he ha witnesse a mur er* Dete-tive Re; woul not have waite several ays .e4ore -hasin) him upA (e relie upon that as a 4a-tor relevant to the -onsi eration o4 Mr RathmellEs evi en-eA No Huestions were ire-te to Dete-tive Re; on that issueA 6 o not thin> 6 -an raw any relia.le -on-lusion 4rom the or er in whi-h poli-e atten e to the many tas>s they 4a-e at that timeA

%$:

Mr Stri->lan su.mitte that Mr Rathmell )ave in-onsistent versions at i44erent timesA ,ne o4 the alle)e in-onsisten-ies was his use o4 the ver. Cunloa in)D in his evi en-e in the trial -ompare with his use o4 the ver. Cthrowin)D when he 4irst spo>e to Dete-tive Re; an in his written statement to poli-eA Mr Rathmell sai it was very possi.le he use the wor Cthrowin)D in his -onversation with Dete-tive Re; .ut that it was also possi.le he i not (T"'%A4')A

%"#

Mr Stri->lan Es -ross2e;amination o4 Mr Rathmell in-lu e the 4ollowin) e;-han)e (at T"'4A$#):


=A 5A =A 5A =A 5A =A Throwin) somethin) an unloa in) somethin) are two very i44erent thin)s* arenBt theyP 6 thin> 6 have .een very -lear22 5nswer that Huestion* pleaseA UThrowin)U an Uunloa in)U in this -ase 6 onBt .elieve are very i44erent thin)sA They are i44erent thin)s* arenBt theyP 6Bm not sure how to answer this HuestionA 1ust answer it with the truthP
2 '/ 2

%"$

54ter ealin) with an o.9e-tion* the e;-han)e -ontinue :


=A 5A 6 will repeat the HuestionA Do you a--ept the wor UthrowU 2 o you a--ept that Uthrowin)U somethin) an Uunloa in)U it are two i44erent thin)sP QesA

%""

Mr Rathmell i not a--ept anythin) put to him as to the pre-ise wor s he sai to Dete-tive Re;* a in) C.ut 6 have use the wor CthrowD an Cunloa in)D to es-ri.e the same a-tion that 6 sawD (T"'/A$/)A 6n 4a-t* urin) the wal>2throu)h* Mr Rathmell use .oth o4 those terms in the same senten-e (e;hi.it J)A

%"%

Mr Rathmell i not see the o.9e-t hit any le )e or awnin) (T":4A$)A The .ottom part o4 the 4all was -ompletely o.stru-te 4rom his view .y tra44i-A (e i not at any time see the o.9e-t in the verti-al or stan in) position (T"::A4)A (e i not at any time see the o.9e-t lyin) on an awnin) o4 the $+th 4loor or lyin) on an awnin) outsi e the .al-ony where the man was stan in) (T"::A$#)A

%"4

Mr Rathmell was as>e whether he saw the man Cloo> li>e he was )raspin) at somethin) whilst he was loo>in) ownD* as note .y Dete-tive Re;A (e respon e (T"'/A4+):
<erhaps very momentarilyA 6 have always maintaine he went strai)ht .a-> into the apartment* that is* pushin) o44 the .al-ony railin)A There was no loiterin) on the .al-onyA (e was not stationaryA

%"+

Mr Stri->lan su.mitte that* havin) re)ar to his a--eptan-e o4 that a--ount* it is most li>ely that the witness saw Lisa (arnum when she was lyin) on the awnin) o4 the $+th 4loor an the a--use was )raspin) own at her with his arms outrea-he (in the manner emonstrate .y the a--use urin) his own evi en-e)A Mr Stri->lan su.mitte that woul e;plain why Mr Rathmell i not see Lisa (arnum verti-al at any sta)e* as she must have .een on the a--use Es a--ount (T$"#0)A
2 '' 2

%"/

That su.mission overloo>s the es-ription Mr Rathmell )ave o4 the )raspin) a-tionA 5s>e whether he a--epte that* even momentarily* he saw a man loo>in) li>e he was )raspin) whilst he was loo>in) own* Mr Rathmell sai (T"''A$):
6 a--ept that 6 saw a man unloa * perhaps )rasp 4or a tiny moment in whi-h to push o44 4rom the railin)* an then in a very -ir-ular motion )o strai)ht .a-> into the apartmentA

%"'

Whilst )ivin) that last answer* when sayin) that he saw the man Cperhaps )rasp 4or a tiny momentD* the witness was hol in) his han s ire-tly in 4ront o4 him with his palms own an his han s sli)htly roun e * horiSontal to ea-h other an open* as i4 emonstratin) the a-t o4 hol in) the railin) o4 the .al-onyA (e later repeate that a-tion with a )esture a>in to pushin) away 4rom a horiSontal railin) in 4ront o4 him (T"''A44)A The a-tion emonstrate was not -onsistent with arms an han s stret-hin) out to rea-h the awnin)A

%"0

Mr Rathmell was as>e whether he a--epte the reasona.le possi.ility that what he saw was a man stret-hin) his arms out )raspin) towar s the o.9e-t without a-tually tou-hin) the o.9e-tA (e sai (T":0A$'):
6 onEt really 4eel -om4orta.le spe-ulatin)A 6 4eel li>e 6 have -learly state what 6 sawA

%":

The Crown prose-utor measure the istan-e .etween Mr RathmellEs han s when he repeate the emonstration o4 the siSe o4 the o.9e-t thrownA 6t was e;a-tly $ metreA

%%#

Mr Stri->lan su.mitte that the imensions o4 the o.9e-t as es-ri.e .y Mr Rathmell were si)ni4i-antly smaller than Lisa (arnumEs .o y (T$"#+A$")A 5s with a num.er o4 issues in this trial* that is a point whi-h -uts .oth waysA 64 she was lyin) on the awnin) o4 the $+ th 4loor at that

2 '0 2

point* her .o y woul have appeare 9ust as lon) i4 not lon)er than i4 she was .ein) hel limp in the arms o4 the a--use A %%$ Mr Stri->lan i enti4ie a series o4 other reasons why 6 woul entertain ou.t as to the relia.ility o4 Mr RathmellEs evi en-eA 5 num.er o4 those su.missions reHuire -onsi eration o4 the evi en-e o4 Dr Ri-har Jemp* an e;pert in 4orensi- psy-holo)y -alle as a witness 4or the a--use A %%" Dr Jemp has e;pertise in .oth applie an theoreti-al aspe-ts o4 human memory* espe-ially eye witness memory an memory 4or 4a-esA (e has e;tensive pro4essional stu y an e;perien-e in those 4iel s* in-lu in) a <hD in <sy-holo)y 4rom the Fniversity o4 Lon on on a topi- relate to the per-eption o4 4a-es (his -urri-ulum vitae is e;hi.it %$)A %%% Dr Jemp prepare a written report 4or the purpose o4 these pro-ee in)s .ut parts o4 the report were not in a missi.le 4ormA The whole o4 the report was mar>e as an e;hi.it (e;hi.it %") .ut only para)raphs + to $" an "# to %# o4 the report were a mitte into evi en-e (T00'A$")A %%4 6n his written report* Dr Jemp es-ri.e how e;posure to post2event in4ormation -an -ause si)ni4i-ant -han)es to a witnessEs memory 4or an event without their .ein) aware o4 those -han)esA (e state that several e-a es o4 s-ienti4i- resear-h into human memory .y e;perimental psy-holo)ists has emonstrate that human memory oes not provi e an e;a-t or veri i-al re-or o4 an eventA 6nterpretation o4 an event an su.seHuent re-olle-tion o4 it -an .e in4luen-e .y a variety o4 4a-tors* si)ni4i-antly in-lu in) e;posure to post2event in4ormationA %%+ Dr Jemp re4erre to that phenomenon as the Cpost2event in4ormationD e44e-t or the Cmisin4ormation e44e-tDA 7;perimental resear-h in that 4iel has emonstrate that many parti-ipants will in-orporate in4ormation re-eive a4ter an event throu)h su))estive or lea in) Huestions into their memory 4or the ori)inal eventA 6mportantly* Dr Jemp note that this is not a -ons-ious pro-ess an that even a warnin) that the parti-ipant may
2 ': 2

have .een e;pose to this in4ormation i not assist them to -orre-t their memory 4or the eventA (e e;presse the opinion that witnesses are una.le to istin)uish .etween CrealD memories an C4alse memories -reate as a result o4 e;posure to post2event in4ormationDA Dr Jemp state that su-h witnesses are li>ely -on4i ently an sin-erely to report a -lear memory o4 the ori)inal event an to eny that their memory ha .een a44e-te .y post2event in4ormationA %%/ Whilst* to a e)ree* those are matters o4 -ommon sense whi-h a--or with my own e;perien-e in assessin) the evi en-e o4 witnesses* 6 a--ept that it is important 4or me to have re)ar to the 4a-t that su-h -ommon e;perien-e 4in s support in e;tensive* peer2reviewe stu ies* whi-h Dr Jemp says have shown that the post2event in4ormation e44e-t is a ro.ust an relia.le phenomenonA %%' Some attention must .e pai to the stu ies re4erre to .y Dr JempA (e es-ri.e some in whi-h parti-ipant witnesses were shown a mo-> -rime an e;pose to .oth -orre-t in4ormation an misin4ormation a.out the eventA (e )ave the e;ample o4 one e;periment in whi-h parti-ipants were shown o-tore photo)raphs epi-tin) an invente -hil hoo event whi-h i not in 4a-t o--urA With en-oura)ement* a.out +#X o4 parti-ipants .e)an to Cremem.erD that event* many es-ri.in) 4eelin)s an reportin) hi)h levels o4 -on4i en-e in su-h memoriesA There is no su))estion o4 4alse in4ormation havin) .een presse upon the eye witnesses in the present -aseA %%0 6n his oral evi en-e* Dr Jemp e;pan e on the opinions e;presse in his reportA (e sai that a witnessEs raw per-eption o4 an event ten s to .e C4airly pie-emealD an that there is a ten en-y 4or people to in-orporate in4ormation re-eive a4ter an event or 4rom their own every ay e;perien-e to 4ill the )aps (T0:4A4#)A %%: Dr Jemp relate his stu y o4 the post2event in4ormation e44e-t to the evi en-e o4 Mr RathmellA (e a->nowle )e that he is not a.le to say in
2 0# 2

the present -ase whether the evi en-e o4 Mr Rathmell is a true memory or a 4alse memoryA (owever* he e;presse the opinion that there are 4a-tors in this -ase that in-rease the li>elihoo that Mr Rathmell has 4orme a 4alse memory o4 what he -laims he saw (T0:#A$/)A %4# 5mon)st the 4a-tors i enti4ie .y Dr Jemp were elay* 4or)ettin) an repeate re-olle-tionA (e also sai that the lon) istan-e 4rom whi-h the event was o.serve an the very .rie4 uration o4 the event were relevant 4a-tors (T0:/A4:G T:#+A$:)A 7a-h o4 those was a 4a-tor pointin) to an in-rease ris> o4 in-orporatin) post2event in4ormation or in4ormation rawn 4rom a personEs own e;pe-tations or e;perien-e o4 li4e to 4ill a )ap or resolve an am.i)uous o.servationA %4$ Dr Jemp note the elay o4 a.out 4our hours .etween when Mr Rathmell spo>e to Dete-tive Re;* the 4urther elay o4 three ays .e4ore he ma e his statement at Surry (ills poli-e station an the elay o4 seven ays .e4ore he i the wal>2throu)hA Dr Jemp sai that a witness who en-ounters post2event in4ormation sometime a4ter the event is at in-rease ris> o4 havin) their memory o4 the event -ontaminate .y post2event in4ormation (e;hi.it %"* para)raph "')A (e provi e an arti-le o4 whi-h he was one o4 the authors to support that opinionA The 4in in)s presente in the arti-le were that misin4ormation has a parti-ularly stron) e44e-t when it is presente a4ter a lon) elay (e;hi.it %%)A %4" Dr Jemp sai that .rie4ly2o.serve events that are potentially am.i)uous are more li>ely to .e su.9e-t to memory -han)e (T0:'A/)A (e initially e;presse the opinion that Mr RathmellEs o.servations were potentially am.i)uousA (owever* it .e-ame -lear urin) his evi en-e that the potential am.i)uity to whi-h he was re4errin) was one .ase on what 6 woul re)ar to .e a misapprehension o4 Mr RathmellEs evi en-eA Dr Jemp ha evi ently -onstrue Mr RathmellEs 4irst a--ount* as re-or e .y Dete-tive Re; in his notes* to .e that Mr Rathmell ha not in 4a-t seen the man hol in) the lu))a)eA Dr Jemp su))este that Mr Rathmell may have in-orporate that* e44e-tively as a pie-e o4 misin4ormation* .y tra-in)
2 0$ 2

.a-> up 4rom the 4allin) o.9e-t* seein) a man on the .al-ony an 4illin) the )ap to rea-h a 4alse memory o4 havin) seen the o.9e-t leave the manEs han sA (owever* there is nothin) in Dete-tive Re;Es notes to support that analysisA ,n the -ontrary* the notes re-or that Mr Rathmell tol Dete-tive Re; he ha seen an a-tion he es-ri.e as throwin)A The notes say he hear s-reams* loo>e up towar s the apartments* -oul not tell what it was an thou)ht it was a 9un>ie throwin) ru..ish out the win owA %4% The se-on eyewitness to Lisa (arnumEs 4all was Mr Quto Qoshio>aA Mr Qoshio>a was a hi)h s-hool stu ent oin) the (SC e;ams at the time o4 the trialA 5s at %# 1uly "#$$* he was a)e $+ yearsA (e was waitin) at the .us stop on the northern si e o4 Liverpool StreetA (e hear a noise .ut* .y the time o4 the trial* -oul not remem.er anythin) a.out the noise e;-ept that it was lou an that it was -omin) 4rom a.oveA (e was alrea y loo>in) at The (y e .uil in) at that timeA (e loo>e up an saw a .o y -omin) own (T4/4)A %44 5part 4rom the .o y* Mr Qoshio>a also saw an o.9e-t .ut i not >now what it wasA (e saw the .o y hit the )roun A 54ter the .o y hit the )roun he hear another soun .ut -oul not remem.er what that soun wasA %4+ 54ter the .o y hit the )roun Mr Qoshio>a loo>e up an saw a man tiltin) 4orwar A Strai)ht a4ter that he saw the man with two han s upA (e emonstrate the manEs a-tion with what woul -ommonly .e es-ri.e as a 4ist2pumpin) a-tion* pun-hin) into the air (T4//)A (e re-alle that the man was not wearin) a topA 54ter the man leane over the .al-ony an then i the 4ist pumpin) a-tion* he went .a-> insi e (T4//A4:)A Mr Qoshio>a sai the man was on the .al-ony 4or appro;imately two se-on s* may.e a .it more* .e4ore he went insi e (T4'$A"$)A %4/ Mr Qoshio>a le4t strai)ht away .e-ause his .us arrive A (owever* as the .us went up ,;4or Street* he saw an am.ulan-e an poli-e vehi-les )oin) the other wayA (e e-i e he shoul )et o44 the .us an )o .a-> to the s-eneA (e )ave his -onta-t etails to poli-eA 5ppro;imately a wee>
2 0" 2

later he was -onta-te .y poli-eA (e sai went to a poli-e station an tol them what he ha seenA The poli-e too> notes .ut i not as> him to si)n them* as he was too youn)A 6t was only in 5u)ust o4 this year that he re-eive a reHuest 4rom poli-e to ma>e a 4ormal statement (T4/0A4:)A %4' Mr Stri->lan -alle 4or the notes ta>en when Mr Qoshio>a went to the poli-e station a wee> a4ter the eventA The Crown was una.le to pro u-e any su-h notesA %40 Mr Qoshio>a i not hear any noise 4rom the .o y other than the soun it ma e when it hit the )roun (T4/:)A The .o y i not loo> li>e it was stru))lin) or movin) at allA 6t was 4allin) (T4'#A%%)A %4: 6n -ross2e;amination* Mr Qoshio>a i not a--ept that he was mista>en a.out the 4ist pump movementA (e i not a)ree that he saw the man with arms outstret-he (in the manner later emonstrate .y the a--use in his evi en-e) (T4'$A4')A %+# The poli-eman to whom Mr Qoshio>a spo>e at the s-ene was Dete-tive <aulA (e sai he too> no notes other than -onta-t etails an a ate o4 .irthA ,n 4 5u)ust "#$$* Dete-tive <aul ma e an entry on 7a)le that Mr Qoshio>a ha seen the .o y 4all (e;hi.it $%)A (owever* no statement was ta>en 4rom Mr Qoshio>a until a.out two years laterA %+$ Mr Stri->lan su.mitte that Mr Qoshio>aEs evi en-e ire-tly -ontra i-ts Mr RathmellEs evi en-eA (e relie on the 4a-t that Mr Rathmell es-ri.e the a--use as havin) )one .a-> into the apartment in Ca 4lui motionD* whereas* on Mr Qoshio>aEs a--ount* he remaine on the .al-ony throu)hout the time it too> the .o y to 4all an 4or a -ouple o4 se-on s therea4terA Mr Stri->lan sai that* a in) the time it too> the .o y to 4all (o4 %A' se-on s) to Mr Qoshio>aEs " se-on s* the a--use was on the .al-ony 4or + se-on s* whi-h he su.mitte was in-onsistent with Mr RathmellEs es-ription o4 the man imme iately .oun-in) .a-> into the apartment a4ter unloa in) the o.9e-tA
2 0% 2

%+"

6 am not persua e that is an in-onsisten-y* let alone one that spea>s o4 unrelia.ilityA Mr RathmellEs es-ription o4 Ca 4lui motionD must .e assesse in the -onte;t that his attention was mainly 4o-use on the man* whereas Mr Qoshio>a 4ollowe the path o4 the .o y to the )roun A Mr RathmellEs view o4 the .o y was o.s-ure .e4ore it hit the )roun A 6t may well have lan e .e4ore* on Mr RathmellEs a--ount* the a--use pushe a)ainst the railin) an turne to )o .a-> into the apartmentA (is impression o4 imme ia-y -oul well -omprehen a perio o4 + or / se-on sA

%+%

5 similar -onsi eration arises as to the 4ist2pumpin) a-tion es-ri.e .y Mr Qoshio>aA 6 have -onsi ere whether su-h an a-tion is in-onsistent with Mr RathmellEs a--ountA Mr Qoshio>aEs es-ription o4 the a-tion was -onvin-in)A 6t is not irre-on-ila.le with Mr RathmellEs evi en-eA Mr Qoshio>a viewe the in-i ent 4rom a more a-ute an)le than Mr RathmellA To some e)ree* he was .etter pla-e to see horiSontal movement while Mr Rathmell was .etter pla-e to see verti-al movementA Mr Qoshio>a may* 4rom his an)le* have per-ieve a pumpin) movement o4 the a--use Es han s not per-eive .y Mr RathmellA Mr Rathmell may* in turn* have .een .etter pla-e to see the C)raspin)D a-tion emonstrate .y a pla-ement o4 han s as i4 on a railin) an may have misse a pumpin) a-tion* epen in) on the an)le o4 the a-tionA The pumpin) a-tion es-ri.e .y Mr Qoshio>a may have .een part o4 the Cpushin) o44 4rom the railin)D a-tion es-ri.e .y Mr RathmellA

%+4

Mr Qoshio>aEs a--ount o4 a 4ist2pumpin) a-tion spea>s o4 triumph or an)er in the a--use A (owever* 6 am wary o4 relyin) on it as a )esture o4 that >in A Mr Qoshio>a may eHually have o.serve a )esture o4 espair -onsistent with the a--use Es version o4 eventsA My -on-lusion in respe-t o4 Mr Qoshio>aEs evi en-e is that* whilst 6 a--ept it as an honest an -are4ul a--ount* it neither supports nor ero)ates 4rom either the Crown -ase or the e4en-e -aseA
2 04 2

%++

The thir person who saw Lisa (arnumEs .o y 4all was Ms Cheryl (ar yA Ms (ar y was stayin) at the (y e <ar> 6nn on 7liSa.eth Street that ayA The 4a-e o4 that hotel is perpen i-ular to that o4 the .uil in) >nown as The (y eA Ms (ar y was loo>in) in the ire-tion o4 The (y e at a.out $# am an saw a .o y 4allin) 4rom that .uil in) towar s the )roun A She sai that the .o y was not movin) at all* e;-ept ownA The arms an le)s were not 4lailin) at allA She hear no soun li>e s-reamin) -omin) 4rom the .o yA She saw the .o y hit the )roun A She also saw a white o.9e-t that hit the )roun separately 4rom the .o yA

%+/

The two -oun-il la.ourers Mr Rathmell saw were Mr Wayne Steel an Mr <aul 3a>erA They were -alle .y the Crown as witnesses at the reHuest o4 the a--use A They were wor>in) on a pavement near the pe estrian entran-e to the Museum railway station at the south2west -orner o4 (y e <ar>A Mr Steel sai that he hear a noise Cli>e a sHuaw>D an then strai)ht a4ter that hear a thump (T4"%A%+)A (e sai that the noise -ame 4rom up hi)hA Mr 3a>er also hear a noise -omin) 4rom a.ove himA (e es-ri.e it as Csort o4 a )roanD (T4"/A%")A (e a)ree that it was a eep )uttural type noise (T4"'A%4)A

%+'

Neither Mr Steel nor Mr 3a>er remem.ere any person tellin) them he ha seen the .o y 4all (T4"%24"+G T4"/24"0)

%+0

,n the appli-ation o4 the Crown (T%A$+)* 6 went to inspe-t apartment $+#% an the point in (y e <ar> i enti4ie .y Mr Rathmell as the position 4rom whi-h he saw the a--use on the .al-onyA Mr Stri->lan that appli-ation (T"4A"/)A i not oppose

%+:

The inspe-tion too> pla-e on the a4ternoon o4 "+ ,-to.er "#$%A ,utsi e the unit* 6 was shown the position where the pinhole -amera ha .een lo-ate A 6 was also shown the oor o4 unit $+#4* where Mr an Mrs Glanville live A

2 0+ 2

%/#

6 was as>e to o.serve the i44erent li)htin) on the e;ternal wall when the oor to apartment $+#% is opene (T%/%A+#)A That was relevant to an analysis o4 the events epi-te on the CCTK 4oota)e* .ut the Crown ultimately su.mitte that it woul .e unsa4e 4or me to pla-e any relian-e on the li)htin) alone to etermine when the oor was open or shutA 6n parti-ular* there was evi en-e that the 4oyer ha sensor li)hts (e;hi.it +%)A

%/$

Dete-tive Wee>es pointe out where the two internal -ameras were an state that* at the time the unit was 4irst seen .y poli-e on %# 1uly "#$$* one was pointe towar s the >it-hen an one was pointin) own the len)th o4 the loun)eroomA There was a small stu y o44 to the ri)ht 4rom the entran-e to the apartmentA 6 was shown where the -omputers ha .eenA 6 was also shown a point in the -eilin) where poli-e un erstan the e;ternal har rive was hi enA

%/"

6 was also shown the .al-onyA 5t the time o4 the inspe-tion .y me* i44erent 4urniture was pla-e in that areaA The 4urniture on the .al-ony as at %# 1uly "#$$ was as epi-te in e;hi.it MA

%/%

,n .oth the Crown -ase an the -ase 4or the a--use * the spa-e throu)h whi-h Lisa (arnumEs .o y e;ite the .al-ony was not in isputeA 6t is epi-te in e;hi.it M in the top le4t han -ornerA The Crown -ase is that the a--use li4te Lisa (arnumEs .o y over the top o4 the )lass panel epi-te in that photo)raph an unloa e her 4rom the .uil in)A The -ase 4or the a--use is that she -lim.e over that same panel an onto the awnin) .elow* 4rom whi-h she either 9umpe or slippe A The inspe-tion )ave me an opportunity to -onsi er those two s-enariosA

%/4

Mr Stri->lan pointe out that* on the le4t han panel o4 the .al-ony* there is no le )e on the outsi e* whereas there is a le )e on the ri)ht han si e (T%/'A$)A (e also invite me to -onsi er the view starin) own 4or someone stan in) at the le4t han panelA 6 noti-e that* stan in) .a-> 4rom the panel* it -an rea ily .e seen that the awnin) is a metal stru-ture with open slits an -urvin) own at the outer e )e towar s the )roun A
2 0/ 2

Kiewe 4rom that perspe-tive* it was my impression that one woul not thin> it was sa4e to stan on (in 4a-t* the evi en-e o4 Dr Gi.son was that the awnin) is -apa.le o4 .earin) a loa o4 up to $$# >) (T$"//A4:) an the a--use )ave evi en-e that he an Lisa (arnum ha seen maintenan-e men stan in) on the awnin) at times)A %/+ 6n any event* the si)ni4i-an-e o4 that o.servation is that the awnin)s have a -onsi era.ly more soli appearan-e 4rom the perspe-tive to whi-h Mr Stri->lan invite my attention* loo>in) own over the e )e o4 the .al-ony at all o4 the awnin)s in ali)nmentA %// The Crown invite me to -onsi er in my own min the possi.ility o4 a person rea-hin) over to )ra. someone who was lyin) horiSontally on the awnin) (T%/'A$+)A 6 o.serve that a person on the .al-ony woul have no prospe-t o4 rea-hin) anywhere near a person lyin) on the awnin)A The awnin) sits .elow the level o4 the .al-onyA This point is perhaps .est e;plaine .y re4eren-e to e;hi.it M* in whi-h the e )e o4 the awnin) -an 9ust .e seen protru in) past the .ottom railin) o4 the .al-ony* .ut that photo)raph oes not 4ully -onvey the perspe-tive 4rom the position o4 a person stan in) at the )lass panelA %/' ?rom the .al-ony* Dete-tive Wee>es pointe out the position 4rom whi-h Mr Rathmell ma e his o.servations an the lo-ation o4 the two -oun-il la.ourers* Mr Steel an Mr 3a>erA %/0 The inspe-tion then move to (y e <ar>A 6 stoo at the point i enti4ie .y Dete-tive Wee>es as the point i enti4ie to him .y Mr RathmellA 5s the inspe-tion too> pla-e in late ,-to.er a4ter a warm sprin)* the trees .etween that point an The (y e apartment .uil in) at that time ha a lush )rowth o4 )reen leavesA 6 was shown a photo)raph o4 the same trees ta>en on %# 1uly "#$$* in the mi that timeA le o4 winterA The trees ha no leaves at

2 0' 2

%/:

5t the time o4 the inspe-tion* the lowest .al-ony that -oul .e seen with a view uno.stru-te .y leaves was the $'th 4loorA The a--use an Lisa (arnum live on the $+th 4loorA

%'#

Mr Stri->lan Es -losin) su.missions note a num.er o4 matters as to the evi en-e o4 Mr Rathmell whi-h raw support 4rom the opinions o4 Dr JempA The inspe-tion assiste my -onsi eration o4 those su.missionsA ?irst* Mr Stri->lan note that Mr Rathmell ha no more than a 4leetin) )limpse o4 the event an saw it only on-eA Se-on * he was a.out :%A/ metres away (e;hi.it 4')A 6 4oun that .are measurement less help4ul in es-ri.in) the impa-t o4 istan-e on the relia.ility o4 the evi en-e than the assistan-e 6 o.taine 4rom the inspe-tionA

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The opportunity o4 stan in) at rou)hly the point where Mr Rathmell says he stoo ha a pro4oun impa-t on my assessment o4 his evi en-eA 5ssumin) he stoo where 6 stoo an o.serve the a--use on the .al-ony o4 unit $+#% on a -lear ay* 6 am persua e that he ha a )oo opportunity to ma>e the o.servations he es-ri.e in his evi en-eA The -larity o4 the view 4rom that point to a .al-ony one or two stories a.ove unit $+#% (the view o4 that unit presently .ein) o.s-ure .y )reen lea4 )rowth) surprise meA 6 have )iven -are4ul -onsi eration to the physi-al -onstraints to o.servation es-ri.e .y Dr Jemp o4 time* istan-e an visual o.stru-tion 4rom treesA Those -onsi erations have not -ause me to ou.t the -larity o4 Mr RathmellEs view o4 the a-tion he sawA

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(owever* it is also ne-essary to -onsi er the impa-t o4 those 4eatures in the -onte;t o4 the phenomenon o4 post2event misin4ormation e;plaine .y Dr JempA Mr Stri->lan also relie on the so2-alle am.i)uity o4 the event* to a opt Dr JempEs e;pressionA 5s alrea y e;plaine * the am.i)uity per-eive .y Dr Jemp was .ase on what 6 woul re)ar as a misapprehension o4 Mr RathmellEs evi en-eA Separately* however* Mr Stri->lan note that Mr Rathmell ha at 4irst es-ri.e the o.9e-t as Cru..ishD an later as Clu))a)eDA (e also note that* urin) the wal>2 throu)h* Mr Rathmell sai he thou)ht there may have .een Cseveral itemsD
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o4 lu))a)eA Mr Stri->lan re4erre to aspe-ts o4 the lan)ua)e use .y Mr Rathmell at various times su))estin) ou.t or un-ertainty as to what he ha seenA ?inally* Mr Stri->lan note that 6 shoul .e wary o4 the se u-tive impa-t o4 a -on4i ent eyewitnessA (e note that Dr JempEs resear-h reveals that witnesses who have a-Huire 4alse memories -an .e very -on4i ent as to the relia.ility o4 what they re-allA 6t oes not o4 -ourse 4ollow that all -on4i ent witnesses are unrelia.le 8 that woul .e a 4alse syllo)ismA %'% 6 have )iven -are4ul -onsi eration to the matters raise .y Mr Stri->lan .y re4eren-e to the opinions o4 Dr JempA Those matters have not sha>en my assessment o4 Mr Rathmell as a relia.le witnessA The 4a-t that he resile 4rom his es-ription o4 Cone item or several itemsD in his evi en-e at the trial is interestin)A The one pie-e o4 post2event in4ormation he is >nown to have re-eive is that the item Cor several itemsD o4 lu))a)e he per-eive 4allin) were in 4a-t a sin)le human .o yA (is initial per-eption that he may have seen more than one o.9e-t is perhaps not in-onsistent with the way in whi-h a limp .o y may have tum.le over two awnin)s .e4ore 4allin) to the )roun A 6 o not thin> it is a 4eature o4 his a--ount that un ermines the relia.ility o4 his evi en-eA My assessment o4 Mr Rathmell is not .ase on his e)ree o4 -on4i en-e .ut on a -are4ul analysis o4 the -ontent o4 his es-ription o4 what he saw* parti-ularly his 4aith4ul es-ription o4 somethin) he later >new was wron) (that he thou)ht it was a 9un>ie throwin) ru..ish out a win ow)A ?ar 4rom revealin) -ontamination .y post2event in4ormation* in my assessment that a--ount reveale that he too> -are to re-or his a-tual o.servation with a--ura-yA %'4 Mr Stri->lan su.mitte that* on the stren)th o4 the evi en-e o4 the eye witnesses* Lisa (arnum must have .een ren ere un-ons-ious .e4ore she 4ell o44 the awnin) o4 the $+th 4loorA (e relie on that as an inherently implausi.le 4eature o4 the Crown -aseA %'+ The es-riptions o4 two o4 the eyewitnesses (Mr Qoshio>a an Ms (ar y) -ertainly su))est that Lisa (arnum was un-ons-ious as she 4ell to the
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)roun A Mr RathmellEs a--ount was silent as to whether the .o y was movin) as it 4ellA (e was 4o-use on the manA (e es-ri.e hearin) a s-ream .ut was -lear that it was a male voi-e he hear (T"40A$G T"40A""G T"//A%4)A The parties a--epte that his evi en-e as to the s-ream was -onsistent with either -aseA %'/ ,n the a--use Es -ase* i4 Lisa (arnum was un-ons-ious as she 4ell* she must have .een ren ere un-ons-ious .y hittin) the awnin) on the $4 th 4loorA 6n9uries -onsistent with su-h a -ollision are shown in e;hi.it RA 5s alrea y note * the a--use sai she loo>e at him 4rom the awnin) an Mr Stri->lan spe-i4i-ally le evi en-e that the a--use saw her 4a-e at that point (T'%"A$/G T'4"A:)A %'' Mr Stri->lan Es point was that* on the Crown -ase* it was most li>ely that Lisa (arnum was ren ere un-ons-ious in the apartmentA (e note that Dr Gi.son* a .iome-hani-al en)ineer -alle in the e4en-e -ase* ha su))este that i4 she was -ons-ious when she was .ein) li4te over the .al-ony* she woul have stru))le A Dr Gi.son e;presse the opinion that a stru))lin)* -ons-ious vi-tim woul most li>ely ma>e the unloa in) a-tion es-ri.e .y Mr Rathmell ine44e-tive an not result in a -lean 4all (e;hi.it 4"* para)raph /%G T$"##A":)A Whilst 6 a--ept that as a matter o4 -ommon sense* it is har ly a matter -allin) on Dr Gi.sonEs spe-ialise >nowle )eA %'0 Mr Stri->lan note that there was no evi en-e o4 any in9uries in4li-te on Lisa (arnum .e4ore she was thrown over the .al-ony su-h as may have ren ere her un-ons-iousA (e as>e rhetori-ally how* i4 she was un-ons-ious* oes one e;plain the 4a-t that she was hol in) a han .a)A %': The evi en-e o4 the 4orensi- patholo)ist who per4orme the post mortem e;amination* Dr 3ailey* was that Lisa (arnum ie o4 multiple .lunt 4or-e in9uries -onsistent with a 4all 4rom hei)htA That evi en-e neither supports nor e;-lu es the proposition that she was ren ere un-ons-ious in the unitA 5s to the han .a)* a--or in) to the a--use she ha it when she attempte to leave the unit .y the 4ront oorA 6t is possi.le* i4 she was
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Hui->ly ma e un-ons-ious a4ter .ein) ra))e .a-> insi e .y the a--use * that he then -arrie her .o y to the .al-ony* han .a) an allA That is per4e-tly plausi.le* in my assessment o4 the evi en-eA 64 he )ra..e her in a haste o4 ra)e* he woul s-ar-ely have stoppe to spare the han .a)A %0# 6 a--ept that Lisa (arnum was un-ons-ious .y the time she 4ell 4rom the awnin)A 6 also a--ept that* i4 the Crown -ase is to .e a--epte * she was pro.a.ly (.ut not ne-essarily) ren ere un-ons-ious in the unitA (owever* 6 o not thin> that is an implausi.le 4eature o4 the Crown -aseA 6n ee * one mi)ht eHually -onsi er the inherent implausi.ility o4 a -ons-ious person who ha 4allen si eways onto the awnin) .y a--i ent an who wante to stay alive simply slippin) over the e )e* neither s-reamin) nor puttin) up an almi)hty stru))le to hol onA 6n my view* there is nothin) inherently implausi.le in the proposition that Lisa (arnum was Hui->ly an easily ren ere un-ons-ious .y the a--use a4ter he ra))e her .a-> into the unitA %0$ 6n a ressin) this su.mission* 6 have .een -are4ul not to reverse the onus

o4 proo4A 6 un erstan that it is 4or the Crown to prove its -ase .eyon reasona.le ou.t an 6 a--ept that a -ir-umstantial 4eature o4 the -ase is the li>elihoo that Lisa (arnum was ren ere un-ons-ious in the unitA 6 am simply re9e-tin) the su.mission that that is inherently implausi.leA %0" 5 4urther matter relie upon .y Mr Stri->lan as an inherently implausi.le 4eature o4 the Crown -ase was the a.sen-e o4 any evi en-e whatsoever o4 a stru))leA Mr Stri->lan su.mitte that* whether Lisa (arnum was -ons-ious or un-ons-ious as she 4ell* there must have .een a esperate stru))le .etween her an the a--use in those 4inal /: se-on sA %0% <hoto)raphs o4 the unit show that the whole area was in ee imma-ulately neat (e;hi.it Q)A Mr Stri->lan note that there was no evi en-e o4 .loo * rippe -lothes or any in9ury to the a--use (e;hi.it ')A (e remin e me in that -onte;t o4 Lisa 3rownEs evi en-e that she was
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surprise at how stron) Lisa (arnum was 4or someone so lean (T$/$ to T$/4A$4)* su))estin) that she woul have .een well a.le to e4en hersel4A (e also note that there was no evi en-e o4 any stru))le or the ispla-ement o4 any o.9e-t on the .al-onyA %04 Whilst 6 a--ept that the a.sen-e o4 any evi en-e o4 a stru))le is a relevant 4a-tor* 6 o not thin> it ren ers the Crown -ase inherently implausi.leA 5 person -an .e ren ere un-ons-ious without any stru))le at allA 6t is relevant in that -onte;t to note the spee an stren)th with whi-h the a--use was a.le to over-ome Lisa (arnum as she ran 4or the li4t* as epi-te in the pinhole -amera 4oota)eA %0+ The Huestion o4 -ons-iousness lea s me to another su.mission ma e .y Mr Stri->lan as to the alle)e unrelia.ility o4 Mr RathmellEs evi en-eA 5s alrea y note * the a--use -alle evi en-e 4rom an e;pert .iome-hani-al en)ineer* Dr Thomas Gi.sonA Dr Gi.son has e;tensive Huali4i-ations in the areas o4 a--i ent re-onstru-tion* .iome-hani-s an in9ury -ausationA (is e;pertise in those 4iel s is .eyon HuestionA %0/ The prin-ipal purpose o4 Dr Gi.sonEs report was to provi e an opinion .ase on the tra9e-tory o4 Lisa (arnumEs 4allA (e i so .y re4eren-e to three s-enarios assume .y him* namely* that Lisa (arnum was CthrownD 4rom the .al-onyG that she was Cunloa e D 4rom the .al-ony* an that she 4ell a4ter havin) -lim.e over the .alustra eA Dr Gi.son e;presse the opinion that it is unli>ely she was thrownA (e sai that the s-enarios o4 .ein) unloa e an 4allin) a4ter -lim.in) over the .alustra e o4 her own a--or were eHually li>ely havin) re)ar to the tra9e-tory o4 her 4all (e;hi.it 4")A To that e;tent* his evi en-e was un-ontroversial an was em.ra-e .y .oth partiesA The Crown i not alle)e that the a--use threw Lisa (arnum 4rom the .al-ony in the sense in whi-h that term was evi ently un erstoo .y Dr Gi.sonA %0' Dr Gi.son note that the 4ree4all o4 an o.9e-t is a matter o4 .asi- physi-sA The tra9e-tory o4 the 4all is a 4un-tion o4 the initial velo-ity o4 the o.9e-t* the
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hei)ht o4 the 4all an )ravityA Where the initial velo-ity has a horiSontal -omponent* the tra9e-tory o4 the 4all is para.oli- (e;hi.it 4"* para)raph 4$)A 6n or er to e;press his opinions as to the li>ely tra9e-tory o4 the .o y* it was ne-essary 4or Dr Gi.son to postulate assumptions as to the initial horiSontal velo-ity o4 the .o yA ?or that purpose* he rew on the wor> o4 Cross* who measure the horiSontal velo-ity a-hieve .y a lar)e stron) male throwin) a /$ >) 4emale into a swimmin) pool usin) a variety o4 te-hniHuesA The ma;imum throw spee a-hieve was 4A0+ metres per se-on usin) a Cspear throwD te-hniHue with an e44i-ient hol on the .o y o4 the volunteer allowin) the thrower to push the volunteer in su-h a way as to avoi rotation o4 the .o y an ta>in) several runnin) steps .e4ore the throwA %00 Dr Gi.son -al-ulate that a tra9e-tory 4rom the top o4 the .alustra e to the position at whi-h Lisa (arnum lan e (ei)ht metres 4rom the 4ront e )e o4 the .uil in)) woul have reHuire an initial horiSontal velo-ity o4 a.out "A/ metres per se-on A 5t that horiSontal velo-ity* the .o y woul have -leare .oth awnin)s (e;hi.it 4"* para)raph +$)A (e sai the reHuire horiSontal velo-ity to miss the $+th 4loor awnin) was appro;imately $A/" metres per se-on (e;hi.it 4"* para)raph +%G T$#/4A$#)A %0: Whilst a->nowle )in) that this was within the ma;imum throw velo-ity a-hieve in the tests -on u-te .y Cross (o4 4A0+ metres per se-on )* Dr Gi.son thou)ht the i44i-ulty o4 the throw in the present -ase* parti-ularly havin) re)ar to the nee to -lear the $A$+ metre hi)h .alustra e* ren ere a -lear throw unli>ely (e;hi.it 4"* 4i)ure + an para)raph +")A Without ou.tin) the 4or-e o4 that opinion* 6 woul o.serve that the 4emale volunteer in the tests -on u-te .y Cross was /$ >) (e;hi.it 4"* para)raph 44) whereas Lisa (arnum was only +# >) as at the ate o4 her eathA %:# Cross -on u-te separate tests also re4erre to .y Dr Gi.son as to the velo-ity at whi-h su.9e-ts -an .e Cpushe DA ?or those tests* he use small 4emale su.9e-ts o4 402+" >)A (owever* Cross note that the re u-e
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horiSontal velo-ity a-hieve .y pushin) (o4 a.out $A+ metres per se-on ) is ue to the 4a-t that the 4eet remain on the )roun urin) the pushA There is no su))estion that Lisa (arnum was pushe with her 4eet remainin) on the )roun A Dr Gi.sonEs relian-e on that ata 4or -omparison with the unloa in) a-tion es-ri.e .y Mr Rathmell was* with respe-t* spe-ulative to some e)reeA 6n any event* 6 a--ept that it is unli>ely that Lisa (arnum was thrown -lear o4 .oth awnin)s .y the unloa in) a-tion es-ri.e .y Mr RathmellA %:$ The se-on tra9e-tory postulate .y Dr Gi.son involve the .o y 4allin) 4rom the .alustra e an -omin) into -onta-t with ea-h o4 the awnin)s on the $+th an $4th 4loorA (e sai (e;hi.it 4"* para)raph +"):
?or the 4allin) .o y to -onta-t .oth the 4irst an se-on awnin)s* reHuires a low horiSontal velo-ity urin) the 4all .etween the $+th an $4th 4loorsA Due to this horiSontal velo-ity* Ms (arnum most li>ely roppe onto the $+th 4loor awnin)* whi-h halte or slowe her 4all* an then sli o44 the e )e o4 the $+th 4loor awnin) to 4all almost verti-ally to hit the $4th 4loor awnin)A 6t is possi.le that sli in) o44 the e )e o4 the awnin) with low horiSontal velo-ity -oul in u-e some rotation o4 the .o yA Su-h rotation is also -onsistent with Ms (arnum attemptin) to han) onto the $+th 4loor awnin) .e4ore slippin) an 4allin) o44A

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Dr Gi.son volunteere that this se-on tra9e-tory was not -onsistent with the es-ription o4 the witness* Mr Rathmell* who i not re-all the o.9e-t hittin) either awnin) (T":%A4%)A 6n sayin) so* 6 thin> Dr Gi.son straye outsi e his provin-e as an e;pert witnessA 6 woul pre4er to rely on my own assessment o4 the -onsisten-y o4 Mr RathmellEs es-ription with the >inemati-s o4 the 4allA

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Dr Gi.son ivi e the se-on tra9e-tory into three se-tions* 4rom the .alustra e to the 4irst awnin) ($A+ metres)G 4rom the 4irst awnin) to the se-on awnin) (%A#% metres with a 4all time o4 A0 se-on s) an 4rom the se-on awnin) to the )roun (4"A+ metres with a 4all time o4 "A+ se-on s)A

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%:4

5s alrea y note * he thou)ht that* in or er to -olli e with the se-on awnin)* the .o y ha to have a low horiSontal velo-ity as it le4t the 4irstA (e sai (T$#/'A%'):
The low horiSontal velo-ity o4 this se-tion o4 her 4all is li>ely ue to her havin) slippe over the e )e o4 the awnin) o4 the $+th 4loorA

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(is opinion that the .o y pro.a.ly Cslippe D is -onsistent with either a -ons-ious or an un-ons-ious .o yA

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Dr Gi.son e;presse the opinion that the -ollision with the se-on awnin) e4le-te the verti-al 4all* re u-in) ownwar verti-al velo-ity an )ivin) the .o y the reHuire horiSontal velo-ity to lan where it i (e;hi.it 4"* para)raph /$)A (e state that the se-on 4all tra9e-tory entailin) an initial horiSontal spee o4 less than $A/" metres per se-on was -onsistent with the unloa in) s-enario su))este .y Mr Rathmell* a)ain a in) the uninvite o.servation that Mr Rathmell i not see Miss (arnum -olli e with the two awnin)sA Dr Gi.son state that the se-on 4all tra9e-tory was also -onsistent with the s-enario es-ri.e .y the a--use A

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6t is -lear enou)h 4rom photo)raphs in evi en-e that the awnin) on the $4 th 4loor was sli)htly islo )e (evidence of Constable Nayel at T482; exhibit O). The awning on the 15th floor was dislodged to a lesser degree (exhibit 24; exhibit 30, photograph marked A by the accused at T877.39). There was no evidence as to the degree of force that would be required to cause such displacements.

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Mr Stri->lan su.mitte that* i4 6 were to a--ept that Lisa (arnum hit the $+th 4loor awnin)* it 4ollowe that Mr RathmellEs evi en-e was emonstra.ly unrelia.leA (e note that* a--or in) to Dr Gi.son* it is unli>ely that the .o y merely )lan-e or -lippe the $+ th 4loor awnin) as oppose to roppin) onto it an sli in) o44 the e )e* sin-e on that s-enario* the initial horiSontal velo-ity woul have ten e to ta>e the .o y

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4urther away 4rom the 4ront o4 the .uil in) su-h that it woul most li>ely have misse the $4th 4loor awnin) (T$#//A44)A %:: The .ur en o4 the su.mission was that Mr RathmellEs evi en-e must .e unrelia.le .e-ause he o.viously misse somethin)A Lisa (arnum pro.a.ly -olli e with .oth awnin)s as she 4ell* an he 4aile to o.serve or 4aile to per-eive or 4aile to remem.er any su-h -ollisionA That is plainly a relevant 4a-tor in assessin) the relia.ility o4 his evi en-eA (owever* it oes not 4ollow ine;ora.ly that his evi en-e must .e re9e-te A 5 -re i.le a--ount oes not have to .e a per4e-t a--ountA 4## ,n my assessment o4 the evi en-e* Mr RathmellEs 4ailure to o.serve or per-eive any -ollision with the awnin)s is more i44i-ult to re-on-ile with the a--use Es version o4 events than with the Crown -aseA ,n the a--use Es version* Lisa (arnum lay horiSontally on the awnin) o4 the $+ th 4loor CmomentarilyD (T''$A":)* lon) enou)h 4or him to push himsel4 up on the .alustra e* hoo> his 4oot un er the trea mill (T'44) an rea-h own with his arms to try to save her (T''+A%#24/)A 6 a--ept that those steps es-ri.e .y the a--use may have happene in very short su--ession .ut his a--ount plainly -ontemplates a slower series o4 events or a less 4lui 4all than that postulate on the Crown -aseA 4#$ Two pie-es o4 evi en-e to .e re-on-ile * i4 they -an* are that the .o y i in 4a-t pro.a.ly -olli e with .oth awnin)s an that Mr Rathmell i not per-eive those -ollisionsA 6t is more li>ely that he woul have 4aile to per-eive that -onta-t i4 events happene Hui->ly than i4 Lisa (arnum momentarily lay on the $+th 4loor awnin) in the manner es-ri.e .y the a--use * loo>in) at his 4a-eA 5n interestin) 4eature o4 Mr RathmellEs evi en-e is his initial es-ription o4 what he saw as havin) the appearan-e o4 a man throwin) ru..ish out the win owA That per-eption is more rea ily un erstoo i4 what he in 4a-t saw was a sli in)* un-ons-ious .o y rather than the series o4 events es-ri.e .y the a--use A 6t must .e remem.ere that Mr Rathmell has always sai his attention was on the man* not the o.9e-tA 6 o not thin> the 4a-t that Mr Rathmell i not see or
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per-eive any -onta-t .etween the .o y o4 Lisa (arnum an either awnin) ren ers his evi en-e emonstra.ly unrelia.leA 4#" The a--use ten ere a report 4rom an e;pert optometrist* <ro4essor Stephen Dain (e;hi.it 4%)A (e was not -alle as a witness an 6 o not thin> either party a resse his evi en-e in su.missionsA <ro4essor Dain appears to have ma e an assumption that* on the a--use Es version o4 events* Mr Rathmell woul have seen two o.9e-ts (the a--use an the .o y o4 Lisa (arnum) one .ehin the other (para)raph $')A 6 o not thin> that assumption is esta.lishe on the evi en-eA <ro4essor Dain e;plaine that* 4rom a istan-e* it is easy to is-ern whi-h o4 two o.9e-ts is nearer an whi-h is 4urther away .ut that the i enti4i-ation o4 any separation o4 two su-h o.9e-ts is mu-h less easily ma e (para)raph ":)A Whilst 6 a--ept that evi en-e* 6 o not thin> it is o4 mu-h assistan-e in my etermination o4 the issues in this trialA ,n my assessment o4 the a--use Es evi en-e* there woul have .een some verti-al istan-e .etween the a--use Es outrea-he han s an Lisa (arnumEs .o y when she lay horiSontally on the awnin) (so that the two o.9e-ts were not Cone .ehin the otherD)* whereas on Mr RathmellEs evi en-e she was hel a-ross the a--use Es arms at the hei)ht o4 his el.owsA 4#% 5--or in) to the a--use * what Mr Rathmell in 4a-t saw (-ontrary to his evi en-e) was a -ons-ious Lisa (arnum lyin) on the awnin) loo>in) at the a--use while he .alan-e himsel4 pre-ariously on the e )e o4 the .alustra e rea-hin) own towar s herA The istan-e 4rom the top o4 the .alustra e to the awnin) is $A+$ m (e;hi.it 4"* para)raph +0)A That is nothin) li>e what Mr Rathmell says he sawA 4#4 Lisa (arnum ie almost instantaneously as a result o4 the in9uries she sustaine in the 4allA 5n orthopae i- sur)eon* Dr 5n)us Grey* was in a -ar in Liverpool St at that time an saw her .o y hit the )roun A (e pulle over an 4oun Lisa (arnum lyin) on her si e* her .a-> an one le) -learly .ro>enA (e Hui->ly assesse that she ha no -ar ia- output an attempte -ar io2pulmonary resus-itationA She ha a 4laile -hest
2 :' 2

(meanin) that the ri.s o4 .oth si es o4 the -hest were .ro>en)A She also ha a 4ra-ture islo-ation o4 the spine* whi-h is an in i-ation o4 tremen ous in9uryA She ha no pulseA 4#+ The a--use sai that* as soon Lisa (arnum hit the )roun * he ran strai)ht to the li4tA (e sai that the reality o4 what he ha 9ust witnesse was sin>in) in an he -oul not e;plain what he was oin) at that timeA While he was waitin) 4or the li4t* he noti-e that he ha no shirt onA The li4t was not -omin) so he ran .a-> insi e an )ra..e a shirtA Those movements are -apture on e;hi.it WA 4#/ <oli-e o.taine CCTK 4oota)e o4 the a--use in the li4t on the way own to the )roun 4loor (e;hi.it 55)A The a--use sai that he i not remem.er how he 4elt when he went own in that li4t (T'%4A4:)A 6t is i44i-ult to es-ri.e his a-tions in the CCTK 4oota)eA (e is alone in the li4tA 6n what is plainly an un)uar e moment* he appears to .e throwin) his arms in 4rustrationA 5s the li4t nears the )roun 4loor* he -omposes himsel4 an strai)htens his shirt .e4ore runnin) out into the 4oyer as the oors openA 6 am min 4ul o4 Mr Stri->lan Es remin er that 6 shoul .e wary o4 pla-in) too mu-h wei)ht on emeanour or my own e;pe-tations as to how the a--use ou)ht to have rea-te at that time on his version o4 eventsA The reHuirement to e;er-ise -aution is not* however* a ire-tion to i)nore relevant evi en-eA 6 -onsi er that the CCTK 4oota)e in the li4t shows the a--use in a state o4 an)er or remonstration with himsel4A 6 have* however* .orne in min that su-h emotion is not ne-essarily in-onsistent with the a--use Es version o4 events an that an)er may .e an aspe-t o4 )rie4A 4#' Mr La-hlan Lan) ien was havin) .rea>4ast with his )irl4rien at the Canopy Ca4T on Liverpool Street that mornin)A (e hear an unusual soun an turne to see Lisa (arnum on the )roun A (e saw a han .a) lyin) on the pavement some istan-e 4rom the .o yA (e also saw a shoe in the same vi-inityA (e -olle-te the han .a) an the shoe an pla-e them on the )roun near the .o yA The han .a) i not -ontain Lisa
2 :0 2

(arnumEs passportA (5 s>et-h plan o4 the lo-ation o4 those items was ten ere as e;hi.it DDG photo)raphs o4 the -ontents o4 the han .a) were e;hi.its ?? an (()A 4#0 Mr Lan) ien saw the a--use -omin) out o4 The (y e .uil in)A (e estimate that it was at least 4ive minutes .etween when the .o y hit the )roun an when the a--use -ame out o4 The (y e* possi.ly even lon)er (T%#:A+")A The CCTK 4oota)e shows that was an overestimateA Mr Lan) ien a)ree that the a--use sai Cshe 4ell 4rom the $+ th 4loorDA (e thou)ht the a--use went to aroun a.out where the .o y wasA 4#: Mrs Rae Cornish was also havin) .rea>4ast at the Canopy Ca4TA She was sittin) with her hus.an (then her .oy4rien ) insi e the -a4TA 5t some sta)e* her .oy4rien sai that it appeare some.o y ha 9umpe 4rom the .uil in)A She ra-e over to the .o yA She saw that the woman appeare to have .ro>en her .a->A 5 o-tor arrive an she staye near the o-tor to stop people 4rom )ettin) in his wayA 5t some sta)e she saw the a--use -omin) out o4 the .uil in)A She -oul not say the e;a-t time .etween when the .o y hit the )roun an when he -ame out o4 the .uil in) .ut sai Cit seeme li>e Huite a lon) timeD (T %$%A+#)A She sai that the a--use -ame out o4 the .uil in) at Ca slow strollD* whi-h she 4oun o 4$# A She sai it was a slow stroll* then a pause (T%$4A+)A

Mrs Cornish sai that the a--use stoppe a.out three metres .a-> 4rom the .o yA She as>e who he was an he sai he was the 4ian-TA (e strolle up -loser to the .o y .ut then turne aroun an starte to wal> .a-> insi eA Mrs Cornish 4ollowe him an as>e how 4ar the )irl ha 4allenA (e sai she live on the $+th 4loorA

4$$

There was CCTK 4oota)e in evi en-e ta>en 4rom a -amera in the 4oyer o4 The (y e (e;hi.it 33)A The 4oota)e was playe to Mrs Cornish in -ross2 e;aminationA 6t shows the a--use 9o))in) throu)h the 4oyerA Mrs Cornish was as>e whether the a-tion she ha
2 :: 2

es-ri.e as Cthe slow

strollD was the a-tion she saw him o in that 4oota)eA She e;plaine that

she i not see the 4ull run 4rom the .uil in)A She was helpin) the o-torA She turne aroun an the only time she saw the a--use was within a 4ew metres o4 where she wasA She sai Cit was only a very slow wal> at that timeDA 3y re4eren-e to the vi eo* she sai that she only saw pro.a.ly the last 4ive steps* whi-h was a slow approa-h to the .o yA 4$" The vi eo shows the a--use wal>in) .a-> into the .uil in) .ein) -om4orte .y Mrs Cornish an then shows him wal>in) out a)ainA She sai that the a--use spo>e to Lisa (arnum at that point* sayin) C-ome .a-> .a.y* -ome .a->DA She sai that at that point in time he was >neelin) own ne;t to Lisa (arnum po>in) her hea in a very unusual po>in) manner to the point where the o-tor as>e her to )et him out o4 the wayA She remem.ere sayin) to the a--use C9ust let them o their 9o.DA The witness illustrate that evi en-e .y po>in) the mi le o4 her own 4orehea Huite har repeate ly with her 4ore4in)er (T%$+A"/)A She a)ree that she ha tol poli-e that the man C>nelt own ne;t to the la y an starte tou-hin) her hea D (T%$/G e;hi.it 4/)A The notes o not ma>e re4eren-e to the po>in) a-tionA 4$% The a--use enie po>in) Lisa (arnumEs hea in that way (T'4"A4)A 6

a--ept the evi en-e o4 Mrs Cornish on that issueA 6 a--ept that the a-tion she es-ri.e reveals that he was an)ry at that time .ut 6 a--ept that an)er is not ne-essarily in-onsistent with )rie4A 4$4 The -on-ier)e at The (y e that mornin) was Mr Daniel Rat-li44eA (e saw out o4 the -orner o4 his eye an o.9e-t 4allin) on the 4ootpath an later realise it was Lisa (arnumA (e then saw the a--use enterin) the 4oyer 4rom the li4tsA (e sai that the a--use seeme to .e in -omplete sho-> an is.elie4A 6 un erstoo his evi en-e to .e to the e44e-t that the a--use was runnin) when he entere the 4oyer .ut that he then wal>e outsi e* sat own ne;t to Miss (arnum an starte stro>in) her hair (T%$:A"4)A Mr Rat-li44e sai he i not have any -onversation with the a--use (T%$:A%/G T%":A"')A
2 $## 2

4$+

5 thir year me i-al stu ent also happene to .e outsi e The (y e apartment .uil in) when Lisa (arnumEs .o y 4ellA Dr Jieran M-Ca44rey* now a Huali4ie me i-al pra-titioner* sai that he hear a very lou soun .ehin him an turne to see the .o y on the )roun A (e sai there was a Huali4ie o-tor who appeare to .e 4eelin) 4or si)ns o4 li4e (presuma.ly Dr Grey)A 5t some sta)e* Dr M-Ca44rey noti-e the a--use appear ne;t to himA Dr M-Ca44rey sai that the man i not initially i enti4y himsel4 as Lisa (arnumEs 4ian-TA Dr M-Ca44rey sai (T%4/A0):
(e as>e initially what happene an 6 i nEt answer himA Shortly a4ter he wal>e aroun an then mentione that that was his 4ian-Te on the )roun A

4$/

Dr M-Ca44rey sai that the man seeme C4airly -alm a.out what ha happene DA (e sai Che i nEt loo> upsetA (e i nEt loo> pani->e AD (T%4/A%')A

4$'

Dr M-Ca44rey as>e the a--use to )et a 4irst ai >itA The a--use returne shortly a4terwar s without the 4irst ai >itA (e sai that the a--use -rou-he own ne;t to Lisa (arnum hol in) her hea an sayin) CsheEll .e o>DA Dr M-Ca44rey a)ree that he -oul not say whether the a--use was in eep sho-> when he saw himA (e i not see the a--use po>in) Lisa (arnumEs hea with any 4or-eA (e 9ust remem.ere his han s on her hea A

4$0

Some o4 those events were -apture on CCTK 4oota)e ta>en 4rom the 4oyer o4 The (y e apartment .uil in) (e;hi.it 33)A The 4oota)e shows the a--use 4or e;ten e perio s while .ein) spo>en to .y poli-e an sittin) alone at timesA Whilst -ertain o.servations -an .e ma e as to his emeanour urin) that perio * 6 o not 4eel -on4i ent rawin) any -on-lusions on that .asisA

4$:

The post mortem e;amination was -on u-te .y a 4orensi- patholo)ist* Dr 3aileyA Dr 3ailey -on-lu e that Lisa (arnum ie o4 multiple .lunt 4or-e in9uries -onsistent with havin) 4allen 4rom a hei)htA 5part 4rom a
2 $#$ 2

non2to;i- level o4 para-etamol* no al-ohol or ru)s were ete-te in her .loo (T+"%A')A She ha a.rasions an .ruisin) to her 4a-e -onsistent with impa-t with a 4lat sur4a-e or .roa e )eA Dr 3ailey a)ree that those in9uries -oul .e 4rom stri>in) the awnin) urin) her 4all (T+"4A:G e;hi.it R)A 4"# The a--use Es apartment was -leane every Satur ay or Sun ay .y Ms Tien Dan)A 5s at %# 1uly "#$$* she ha last -leane the apartment on Sun ay "% 1uly "#$$ (T%'+A"")A Ms Dan) state that she uste alon) the han rail with a wet -lothA ,n the )lass part o4 the .al-ony* she sai she -leane C9ust the topD (T%''A$)A 4"$ <oli-e e;amine the .al-ony 4or 4in)erprintsA The e;amination was -on u-te .y a Crime S-ene ,44i-er atta-he to the ?in)erprint ,perations Se-tion o4 the ?orensi- Servi-es Group* Ms Lisa Gor on (T40/A+)A Ms Gor on was eminently Huali4ie in that roleA She atten e the unit at 4pm on %# 1uly "#$$ (T40/A4+)A 4"" The .al-ony has a )lass pane an a horiSontal metal railin)A Ms Gor on sai those are .oth e;-eptionally )oo sur4a-es 4or o.tainin) 4in)erprints .e-ause they are smooth an 4in)erprint pow ers a here well to them (T+#0A4+)A 4"% Ms Gor on e;amine the entire internal sur4a-e o4 the )lass pane in-lu in) all 4our si es o4 the railin) (40'A4+)A She also e;amine the entirety o4 the three verti-al pillars up to the hei)ht o4 her -ollea)ue* who is +E$#EE (T40'A%#)A Leanin) over the .al-ony to the e;terior sur4a-e* Ms Gor on e;amine all the way a-ross an as 4ar own as she -oul rea-h* whi-h was appro;imately %#-m own (T40'A"#)A She i not e;amine the e;ternal awnin) (T+4'A4+)A 4"4 Ms Gor on sai that she was una.le to o.tain any 4in)erprints 4rom the trea mill ue to its ust2resistant sur4a-e (T4:/)A She a)ree that there were a lot o4 smu )e areas on that sur4a-e ue to sweat (T+40A#+)A
2 $#" 2

4"+

Ms Gor on was a.le to o.tain a num.er o4 4in)erprints an palm prints 4rom the )lass whi-h she -ompare with samples re-eive 4rom the a--use an 4rom Lisa (arnum (T400A$+)A She i enti4ie no 4in)erprints or palm prints as .elon)in) to Lisa (arnum on any part o4 the .al-ony (T400A$+)A Ms Gor on a->nowle )e that the a.sen-e o4 prints oes not esta.lish that a person has not tou-he a sur4a-eA 6 have -onsi ere her evi en-e on that issueA Nonetheless* the a.sen-e o4 any prints o4 Lisa (arnum on the .al-ony is a relevant pie-e o4 evi en-eA Miss (arnum -oul not have one what the a--use says she i without tou-hin) the )lass panel o4 the .al-onyA

4"/

Ms Gor on 4oun a num.er o4 4in)erprints an palm prints whi-h she i enti4ie as .ein) those o4 the a--use A (er results are set out in e;hi.it < (an see e;hi.it F)A The position o4 prints i enti4ie as either .elon)in) to the a--use or havin) ri )e etail -onsistent with his prints is epi-te in e;hi.it =A Su.9e-t to one issue* 6 have ultimately -on-lu e that those results are -onsistent with .oth the Crown -ase (Mr RathmellEs es-ription o4 the man )raspin) the railin)) an the -ase 4or the a--use (the a-tion o4 9umpin) up onto the .alustra e)A (owever* it is ne-essary to -onsi er the impression i enti4ie as W'A

4"'

W' is an impression 4oun on the insi e o4 the )lass panel with ri )e etail -onsistent with the le4t palm o4 the a--use A Ms Gor on )ave evi en-e as to the ali)nment o4 that printA She es-ri.e it as pointin) ia)onally ownwar sA Mr Stri->lan su.mitte that the orientation o4 that palm impression is more -onsistent with the a-tion the a--use woul have ha to ma>e to ease himsel4 .a-> own o44 the .alustra e than with Mr RathmellEs es-ription o4 a 4lui motion in whi-h the a--use turne an went .a-> into the apartmentA 6 have -are4ully e;amine the pla-ement o4 all o4 the impressions re-or e on e;hi.it =A 6 am unpersua e that any o4 those prints points to one s-enario rather than the otherA 6 o not thin> W'

2 $#% 2

is in-onsistent with anythin) sai .y Mr Rathmell an 6 o not thin> it ne-essarily supports the evi en-e o4 the a--use A 4"0 <oli-e i not ta>e possession o4 the awnin) or ta>e any steps to have it 4orensi-ally e;amine 4or 4in)erprints or ust parti-les or mar>s mat-hin) Miss (arnumEs shoes (T+0%* T+0/A$"G photo)raphs o4 the istin-tive soles o4 the shoes may .e seen in e;hi.it $/)A 4": Mr Stri->lan su.mitte that a e4i-ien-y in a poli-e investi)ation an a resultin) a.sen-e o4 evi en-e to re4ute an a--use Es version o4 events -an allow the tri.unal o4 4a-t to 4in the e;isten-e o4 a reasona.le ou.t as to the )uilt o4 the a--use A (e su.mitte that the 4ailure to e;amine the awnin) in this -ase 4ell into that -ate)oryA 4%# Mr Stri->lan relie upon two authorities to support that su.mission: Thwaites v The State of Western Australia !"##4& W5SC5 $:' an Mahmood v Western Australia ("##0) "4$ 5LR /#/A Those e-isions a->nowle )e a prin-iple that a seriously e4i-ient investi)ation or a si)ni4i-ant a.sen-e o4 evi en-e may entitle an a--use to an a-HuittalA The prin-iple is pro.a.ly .est un erstoo as an aspe-t o4 the over2ar-hin) reHuirement 4or a 4air trial an is enlivene where the poli-e investi)ation is so e4i-ient as to threaten that ri)htA 4%$ 6 o not thin> the prin-iple is enlivene in the present -aseA 6n my view* the -riti-ism impli-itly ire-te at poli-e urin) the trial was unwarrante A 7ven i4 the version o4 events )iven .y the a--use at the s-ene ou)ht to have alerte them to the si)ni4i-an-e the awnin) woul assume in this trial* whi-h may .e ou.te * the 4a-t is that on either -ase Miss (arnum pro.a.ly -ame in -onta-t with the awnin)A 6 o not thin> the 4a-t that it was not e;amine shoul o4 itsel4 e;-ite a reasona.le ou.tA 4%" The first police to arrive at the scene were Detective Rex and Detective Paul (T456.35). The accused was standing on the street when they arrived. Detective Rex approa-he the a--use an they ha the 4ollowin) -onversation (T4+'A"$):
2 $#4 2

Re;: 5--use : Re;:

Mate* o you >now herP She is my 4ian-Te* is she aliveP <lease 9ust tell meA 6Em not sure at this time* mate* they are wor>in) on herA Come insi e so we -an tal>A (ow 4ar has she 4allenP ?rom the $+th 4loorA

5--use :

4%%

They then went into the lo..y area o4 The (y e apartment .uil in) an ha the 4urther 4ollowin) -onversation:
5--use : Re;: 6s she aliveP Can you 4in outP What happens nowP Why woul she o thisP ,h my Go A 6 will 4in out what 6 -an as soon as 6 -an* o>ayP What is happenin) is we are ere-tin) a -rime s-ene out the 4rontA Can you tell me your nameP

4%4

Dete-tive Re; too> the a--use Es etailsA (e then learne 4rom Dete-tive <aul that Lisa (arnum ha ie A (e o.taine the a--use Es -onsent to sear-h his apartmentA Dete-tive Re; then went to ma>e a phone -all while the a--use ha a -onversation with Ser)eant Wall* as 4ollows (T44'A$#):
Wall: My name is 3rett WallA 6 am a Ser)eant 4rom Surry (ills <oli-eA 6 will e;plain to you what is )oin) onA 6s she ea P 6 .elieve soA

5--use : Wall:

4%+

The a--use then as>e the -on-ier)e 4or a )lass o4 waterA The -onversation -ontinue (T44'A"$):
Wall: We are .e)innin) an investi)ation on .ehal4 o4 the CoronerA We investi)ate all types o4 eaths* so that will involve )ettin) statements 4rom witnesses an o-umentin) the lo-ale o4 any su-h in-i entA

2 $#+ 2

4%/

Dete-tive Re; then returne an they went into the li.rary area o4 the 4oyerA 54ter spea>in) to poli-e outsi e* Ser)eant Wall ha a 4urther -onversation with the a--use in the li.raryA (e sai the a--use was sittin) at the ta.le an -ontinually sayin)* U3a.y* .a.y* .a.y* 6 -anBt .elieve itAU Ser)eant Wall sai the a--use repeate that a num.er o4 timesA The -onversation -ontinue (T44'A4+):
Wall: 6s there anythin) we -an o 4or you* -onta-t anyoneP 6Bm 9ust worrie a.out her 4amilyA (er mum is )oin) to .e evastate an her .rotherA

5--use :

4%'

Ser)eant Wall sai the a--use >ept repeatin) U3a.y* .a.y* .a.y* 6 -anBt .elieve itD an that at one sta)e he roppe his hea into his han s an sai * C,h* my )oo nessAD The a--use then sai (T440A%):
She 9ust wal>e out onto the .al-ony* she )ot over the railA 6 sai * OWhat are you oin)PE 6 trie to )ra. her .ut 6 -oul nEt hol herA She was on the phone to her mother last ni)htA 6t is )oin) to .rea> her motherEs heartA She was lau)hin)A 6t is li>e she >new it was the last -onversation they woul haveA 6t is li>e Go >newAD

4%0

6t was put to the a--use in -ross2e;amination that he was tryin) to -onvey to the poli-e that Lisa (arnum ha -ommitte sui-i eA That -ertainly appears to have .een the impli-ationA The a--use (T'''A%#)A enie it

4%:

(avin) tol poli-e that Lisa (arnum was on the phone to her mother lau)hin) the previous ni)ht* the a--use was -ommitte to maintainin) that a--ount at the trialA 5s alrea y note * he )ave evi en-e that he hear Lisa (arnum lau)hin) on the phone a short time a4ter + am that mornin) (T'"'A')A 6 o not a--ept that evi en-eA Mrs (arnum ismisse with erision the su))estion that Lisa lau)he or )i))le -onversation (T%4$A$")A 6 thin> the a--use urin) their last eli.erately inserte that

etail to -oin-i e with what he sai to Ser)eant Wall* -are4ully

2 $#/ 2

a--ommo atin) the a-tual time o4 Lisa (arnumEs last -all to her mother as reveale in the Telstra re-or s (e;hi.it 4+)A 44# Ser)eant Wall sai the a--use -ontinue sayin) U3a.y* .a.y* .a.y* noD or C3a.y* .a.y* .a.y* 6 -anBt .elieve thisDA The -onversation -ontinue (T440A$/):
5--use : Wall: 5--use : 6 hope the -ameras insi e the unit wor>e A 5re there -ameras insi e the unitP (ow manyP Two* there is no hole in the oor* so there is a -amera at the oor to see who is thereA Where is the other -ameraP 6t is at the oor* .ut it 4a-es insi eA 5re they hoo>e up to a -omputerP 6t has its own systemA Does it re-or P Sometimes it oes* sometimes it oesnEtA

Wall: 5--use : Wall: 5--use : Wall: 5--use :

44$

5s alrea y note * the a--use )ave evi en-e that he >new* when he le4t the -omputer room at +A$+ am a4ter wat-hin) porn* that the internal -ameras were o44A (e sai that* when he spo>e to Ser)eant Wall* he was hopin) that he ha a--i entally not turne it o44 Can it woul have shown what ha ta>en pla-eD (T0%0A"/)A 6 o not a--ept the a--use Es evi en-e on that issueA 5s he himsel4 a->nowle )e * he >new at +A$+ am that the -ameras were o44A (e must have >nown that when he volunteere in4ormation a.out the -ameras to poli-e later that ayA The Crown i not rely on that evi en-e (or in ee any alle)e lies) to prove a -ons-iousness o4 )uilt on the part o4 the a--use A 5s alrea y note * it is important 4or me to .ear in min the -autious approa-h that shoul .e ta>en to the use o4
2 $#' 2

liesA 5s note .y Mr Stri->lan * a person -an have many reasons 4or tellin) a lieA 44" Dete-tive Re; returne to the li.rary an spo>e to the a--use 4urther* as 4ollows (T4+:A":2T4/#A$# an T4'/A$"):
Re;: Simon* 6Bm sorry to have to tell you this .ut Lisa has passe A The 4orensi- team will .e -on u-tin) an e;amination o4 your unit shortly an a report will .e ma e 4or the -oronerAU ,>ayA 1ust -he-> the -amerasA Qou have -ameras insi e the unitP QesA ,>ay* o they re-or P SometimesA Di you tell Ser)eant Wall this* the o44i-er in uni4ormP QesA ,>ay* so we -an ire-t the 4orensi- team* -an you 9ust tell me what happene P We ha a 4i)ht last ni)htA We 9ust wor>e out it was .etter 4or her to )o home to Cana aA Sometimes it is me who wants to .rea> up with her* sometimes the other wayA 6 wo>e up this mornin) an she was pa->in) her .a)sA 6 sai * BLetBs not .rea> upAB She sai * BNo noAB 6 >now it is 9ust an a-tA She always wants me to .e) when she )ets the upper han A Neither o4 us slept last ni)ht an we were tal>in)A She sai * BQou tol me to leave* an 6Bm leavin)AB She )ra..e her .la-> han .a) an went to leave throu)h the 4ront oorA 6 stoppe herA She starte to raise her voi-e* an she was yellin)A 5n 6 yelle .a->* BShut the 4u-> upAB 6 was in the >it-henA 6 saw her pass towar s the .al-onyA 6 remem.er thin>in) Bwhat is on the .al-onyPB 6 saw her step over the railin) onto the little -li44 4a-eA 6 ran towar s the railin) an 6 -anEt remem.erA 6 was 9ust tryin) to
2 $#0 2

5--use : Re; 5--use : Re;: 5--use : Re;:

5--use : Re;:

5--use :

hol her 4rom 4allin)A 6 was 9ust )ra..in) at her* 6 onEt >now* 6 mi)ht have ha a han .a) or 9a->et an then she was )oneA

44%

<oli-e then went to the a--use Es unitA 5part 4rom the 4oota)e 4rom the pinhole -amera (e;hi.it W)* only one other -lip o4 CCTK 4oota)e 4rom the a--use Es apartment 4rom the mornin) o4 %# 1uly "#$$ was re-overe A 6t was 4rom one o4 the -ameras insi e the unit an was o4 a.out %# minutes uration -ommen-in) at 4A4+ am (T+'4A4" to T+'+A')A That 4oota)e ha .een shot throu)h the -amera that ha a view towar s the >it-henA No movement -an .e seen in that -lipA No analysis was one o4 the settin)s on the a--use Es -omputer 4or the -ameras insi e the unit or the pinhole -amera (T+'+A%+)A 5s alrea y note * the a--use e;plains that 4oota)e .y re4eren-e to the 4a-t that he turne the -ameras on while he was wat-hin) porn* in -ase Lisa (arnum wal>e in on him urin) that timeA

444

?or at least the last 4ive ays o4 Lisa (arnumEs li4e* the pinhole -amera was on -ontinuously (T+''A:)A Durin) that time* there were only two -lips ta>en 4rom the interior -amera pointe towar s the >it-hen* .ein) a -lip o4 a.out 4our se-on s on "% 1uly an the -lip o4 a.out %# minutes -ommen-in) at 4A4+ am on %# 1uly (T+''A"$)A Durin) the same perio * there was no 4oota)e 4rom the other -amera insi e the apartmentA There were 4ive -lips lo-ate 4rom elete material on the -omputer .ut none o4 those relate to %# 1uly (T+'0)A

44+

The a--use was ta>en to Surry (ills poli-e station where he was spo>en to .y the o44i-er in -har)e o4 the investi)ation* Dete-tive Ser)eant Davi Wee>esA Dete-tive Wee>es ha the 4ollowin) -onversation with the a--use (T%+%A%$):
Wee>es: 6Bm Dete-tive Wee>es 4rom Surry (ills ete-tivesA This is Consta.le Re;A 5re you Simon GittanyP QesA

5--use :

2 $#: 2

Wee>es:

6 am very sorry a.out the eath o4 Lisa (arnum* however* at this point you are un er arrest as a suspe-t re)ar in) her eathA Qou o not have to say or o anythin)* o you un erstan thatP QesA 5nythin) you say or o will .e re-or e an may .e use in evi en-e* o you un erstan thatP 6s this so you -an >eep me here* stop me 4rom leavin)P Qour arrest is ue to -ertain in4ormation 6 have re-eive A Qou will .e 4ormally entere in -usto y an 6 will spea> to you a)ain laterA

5--use : Wee>es:

5--use :

Wee>es:

44/

The a--use tol poli-e how to operate the -omputer system .ut i not tell them a.out the har rive (T4'4A" an a--use Es evi en-e)A 3y the time they learne o4 its e;isten-e an went .a-> with a se-on sear-h warrant* it was no lon)er there (T4'+A4$)A

44'

The har

rive was .rou)ht to Court .y Mr Crai) M-Coy* an 6T -onsultant

who )rew up in the same area as the GittanysA (e ha .een as>e .y 5nthony Gittany to e;amine itA Mr M-Coy 4oun nothin) o4 relevan-e to the issues 6 have to etermine (T:+42:+'G e;hi.it %')A (e 4oun no elete 4ilesA The Crown -ross2e;amine him as to whether the har sta)eA (e i not thin> it i (T:/#A+)A The har i44erent resultA 440 Fltimately* neither party pla-e any relian-e on the -ontent o4 the har riveA The evi en-e o4 Mr M-Coy was relie upon prin-ipally 4or what it alle)e ly showe as to the a--use Es state o4 min A Mr Stri->lan su.mitte that the a--use woul not have as>e his .rother to -olle-t the har rive i4 he ha the sli)htest -on-ern as to what it mi)ht showA The
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rive

ha the appearan-e o4 havin) .een -ompletely an utterly wipe at some rive .e-ame an e;hi.it (e;hi.it %0) an was upli4te 4or e;amination .y the Crown* with no

Crown put* in e44e-t* that the a--use Es a.sen-e o4 -on-ern on that issue

merely -on4irme how -on4i ent he was* when he spo>e to poli-e shortly a4ter Lisa (arnumEs eath* that he ha swit-he o44 the internal -ameras at +A$+ that mornin)A 7a-h -ontention has some 4or-eA 6 have not ultimately pla-e any relian-e on the evi en-e as to the har 44: riveA

Dete-tive Wee>es e;e-ute a sear-h warrant at apartment $+#%A (e too> a series o4 photo)raphs (e;hi.it Q)A (e 4oun a lar)e num.er o4 suit-ases an .o;es pa->e with womenEs -lothin)* shoes an personal itemsA Lisa (arnumEs passport was lo-ate in a travel .a) insi e the unitA

4+#

5lthou)h the a--use was ta>en to Surry (ills <oli-e Station on %# 1uly "#$$* he was not -har)e that ayA (e returne to the 4amily home at Merrylan sA (is sister* 3ar.ara Gittany* es-ri.e how he was that evenin)A She sai that he was -ryin) an ro->in) .a-> an 4orth sayin) C.a.y* .a.y* what were you thin>in)PD

4+$

Miss Gittany sai (T:::A4/ to T$###A$$):


When he -ame home that evenin) he tol us that they ha ha an ar)ument an that she went out the oor* an he put his han aroun her an .rou)ht her .a-> inA Then he sai they went insi e an she sat on the loun)e in the loun)e roomA (e went to ma>e her a -up o4 tea an as he was o.viously ma>in) the -up o4 tea Ce-ilia )ot up an ran towar s the .al-onyA 5n he thou)ht* UWhat is on the .al-onyP Where is she )oin)P What is on the .al-onyPU -oul nBt un erstan where she was )oin) on the .al-ony an then he realise there is nothin) on the .al-onyA So he went runnin) towar s the .al-ony an Ce-elia was on the other si e o4 the .al-ony or )oin) hal4way over* her le)s were on the other si eA She lost her 4ootin) an 4ell on the .al-ony or the awnin) part* the one own the .ottomA (e was tryin) to help her* tryin) to 2 he >ept sayin) he was tryin) to )et her* U6 -oul nBt )et her* 6 -anBt un erstan why 6 woul nBt )et her* it was li>e 6 was )ra..in) herA She was hol in) on the .ottom o4 it .y the time an she wentA (e tol us he s-reame out her nameA That is what he tol usA

2 $$$ 2

4+"

Miss Gittany sai that the a--use tol her he thou)ht the -ameras were on Cthat evenin)DA When as>e to -lari4y the time at whi-h the -ameras were on* she )ave a -urious answer (T$##"A%4):
=A 22he tol you that he thou)ht that at the time o4 Lisa (arnumBs eath the -ameras ha .een onP 5A Qes* that is what he tol the poli-eman* so he tol us that* yesA

4+%

,n $ 5u)ust "#$$* the a--use sent a te;t messa)e to Mrs (arnum as 4ollows (e;hi.it GG):
Dear 1oan 6 am heartily sorry 4or this tra)i- a--i entM 3ut 6 -oul o nothin) to save herA 6 wante to -all you strait away .ut the poli-e spe-i4i-ally tol me un er no -ir-umstan-e am 6 allowe to -all you* answer your -alls or reply to your messa)es as they wante to in4orm you instea A 6 as>e that they tol 1ason 4irst so he -oul -ome .e with you when they tol you so you were not on your ownA We love ea-h2other immensely I as you >now were )oin) to )et marrie ne;t yearA 6 am so so so sorry 4or this un4ortunate a--i entA 6 >now you hate me ri)ht now I 6 un erstan A My mum an my a have lost a au)hter an my 4 sisters an .rother have lost a sister an we are all evastate A 64 there is anythin) 6 or my 4amily -an o please -onta-t me or a 4amily 4rien A We want to assist in anyway in relation to her 4uneral or anythin) else we -an help withA My li4e has also en e as she was my li4eA

4+4

The a--use was -har)e with the mur er o4 Lisa (arnum on % 5u)ust "#$$A ,n that o--asion* he e-line to .e interviewe .y poli-eA

4++

5s su.mitte .y Mr Stri->lan * a -riti-al issue is Lisa (arnumEs state o4 min on the mornin) o4 %# 1uly "#$$A Mr Stri->lan relie on a wealth o4 material as in4ormin) that issueA 6n ee * a lar)e amount o4 the evi en-e le on .ehal4 o4 the a--use was ire-te to esta.lishin) aspe-ts o4 Lisa (arnumEs various mental an emotional statesA

4+/

The a--use -alle evi en-e on those issues 4rom an e;pert witness* <ro4essor Louise (ayA <ro4essor (ay is a psy-hiatrist with e;pertise in the stu y an treatment o4 eatin) isor ers (e;hi.it 4#)A She e;presse the
2 $$" 2

opinion that Lisa (arnum su44ere 4rom anore;ia nervosa an that her -on ition was -hroni-A There was ultimately no real -ontest as to her opinion on that issue an 6 a--ept itA 4+' <ro4essor (ayEs opinion was .ase on a series o4 assumptions set out in e;hi.it %: an on aspe-ts o4 Lisa (arnumEs me i-al re-or s over an e;ten e perio (e;hi.it +#)A 4+0 Mrs (arnum -on4irme that Lisa (arnum ha an eatin) isor er as a teena)erA She ha two a missions to hospital 4or anore;ia in $::: an "### (T:'A+)A She went through periods where she overcame the disorder. At other times, emotional upsets triggered its return, such as when she had issues with Frank Breen (T98.28). It was a condition which waxed and waned throughout her adolescence and her adult life (T90.7). She was evidently struggling with the return of the disorder in February and March 2011 and was consulting Mr Bablys on those issues. In March, Mr 3a.lys as>e her to write out lines C6 am o> eatin)D with her non2 ominant han * whi-h he sai was to Cre-ali.rate her thou)htsD an to Crela; her nervous systemD (e;hi.it "$* T4%/24%')A 4+: The a--use relie upon <ro4essor (ayEs evi en-e to esta.lish that there are 4our 4eatures in people who su44er 4rom -hroni- eatin) isor ers relevant to my assessment o4 the issues in this trialA They are an in-rease ris> o4 unpre i-ta.le an impulsive .ehaviourG a iminishe a.ility to -ope with unpleasant emotions in-lu in) 4ear an espair ( es-ri.e as mala aptive -opin) me-hanisms)G e;treme sensitivity in response to -han)es in e;ternal environment an e;perien-in) )reater than usual stress 4rom interpersonal -on4li-tA 6 a--ept <ro4essor (ayEs opinion that those are 4eatures she has i enti4ie * .ase on her trainin)* stu y an e;tensive -lini-al e;perien-e* in people who su44er 4rom -hronieatin) isor ers .y -omparison with a hypotheti-al normal personA

2 $$% 2

4/#

The a--use also a

u-e evi en-e ire-te to provin) that Lisa (arnum

ha -ertain an)erous ten en-iesA 6t was -onten e that she ha a ten en-y to pla-e hersel4 in a position o4 an)er or potential an)erG to sel42harm an to attempt sui-i eA Mr Stri->lan su.mitte that the ten en-y evi en-e -orro.orates or -on4irms that the 4eatures o4 people with eatin) isor ers es-ri.e .y <ro4essor (ay were mani4est in the -on u-t o4 Lisa (arnumA 4/$ The alle)e ten en-y to sel42harm an to attempt sui-i e may .e -onsi ere .rie4lyA The -ontention that Lisa (arnum ha a ten en-y to attempt sui-i e is* in my assessment o4 the evi en-e* -ompletely un4oun e A Not a sin)le witness provi e the remotest support 4or that propositionA Mrs (arnum ismisse it out o4 han (T:#A$$)A 5s>e whether Lisa ha ever tol her she ha -ut her wrists she sai that* when Lisa was youn)er* she ha mar>e her wrists with a pin at the ur)in) o4 another )irl* who was 4rom C)roup homesD (T$#+A$")A 4/" Mr 3a.lys sai that Lisa (arnum i not -omplain to him o4 any sui-i al ten en-ies or any intention to sel42harm (T4%# to 4%")A Gisele <ratt ha never hear Lisa (arnum say anythin) to su))est that she was sui-i alG she never appeare to her to .e epresse A Ms <ratt es-ri.e Lisa (arnum as a happy* .u..ly person* very persona.le an very warm (T""/A4:)A Ms Sharwoo note that Lisa (arnum was not thin>in) o4 harmin) hersel4A 4/% There was evi en-e in the Crown -ase 4rom a Dr Lam o4 the Sy ney C3D Me i-al CentreA Lisa (arnum ha -onsulte him in 5u)ust "#$# an in 1une "#$$A She ha not -omplaine to him o4 epression or e;hi.ite any si)ns o4 sui-i al ten en-y or an intention to sel42harmA 4/4 The suppose sui-i al ten en-y was evi ently .ase on three me i-al notes 4rom $:::A ,ne is a history o4 Lisa (arnum enyin) any re-ent sel42 harm .ut a mittin) havin) -ut her wrists at the a)e o4 $/ (pa)e %/ o4 e;hi.it +#)A ,ne appears to .e an a mission note* possi.ly re-or in) the
2 $$4 2

same history (pa)e ++ o4 e;hi.it +#)A The last is a re4eren-e to Lisa (arnum e;perien-in) 4ear urin) a )roup therapy session that another patientEs -on u-t woul tri))er sel42harm (pa)e 4' o4 e;hi.it +#)A 6 o not thin> that material provi es any .asis 4or -on-lu in) that Lisa (arnum ha sui-i al ten en-ies or a ten en-y to sel42harm in "#$$A 5ll o4 the more re-ent evi en-e o4 people who >new her well is to the -ontraryA 4/+ There is more su.stan-e in the -ontention that Lisa (arnum ha a ten en-y to pla-e hersel4 in a position o4 an)er or potential an)erA The a--use es-ri.e a num.er o4 in-i ents involvin) movin) -arsA Mrs (arnum a->nowle )e that Lisa ha tol her a.out an o--asion or o--asions when she )ot out o4 a movin) -arA She -oul not re-all whether that was when Lisa was with the a--use or a previous .oy4rien -alle Geor)e (T:$2"")A 4// The a--use es-ri.e an in-i ent in early "#$# when he an Lisa

(arnum were travellin) in a ta;i with Geor)e Jaram an Ra-helle LouiseA (e sai that they ha .een at the 6vy an that Geor)e an Ce-ilia were ar)uin)A The a--use was in the 4ront seatA Geor)e an Lisa (arnum were in the .a->seatA 5s they were pullin) up ne;t to <itt Street* .e4ore the ta;i ha -ome to a stop* Lisa (arnum opene the oor an 9umpe out o4 the -ar as it was still in motionA (e sai that he woul only .e )uessin) what spee the -ar was )oin) .ut thou)ht it was aroun $# >m per hour (T/0"A%+)A Neither Geor)e Jaram nor Ra-helle Louise )ave evi en-e .ut no in4eren-e is to .e rawn 4rom their a.sen-eA 4/' The a--use )ave evi en-e o4 a 4urther o--asion in mi "#$# when he an Lisa (arnum were travellin) on <arramatta Roa with <eter Mor)elasA The a--use was rivin)A The a--use an Lisa (arnum starte ar)uin) .e-ause Lisa was worryin) a.out )ettin) .a-> in time to -olle-t a ressA (e was tellin) her to .e Huiet an she was )ettin) annoye with him 4or tellin) her to .e HuietA 5s they were rivin) own <arramatta Roa she too> o44 her seat.elt* starte to raise her voi-e* hit the ash.oar with her han s an opene the -ar oorA The a--use sai she put her le4t le) on
2 $$+ 2

the e )e o4 the oor an hel the han le o4 the oor with her le4t han A She starte to s-reamA (e put the .ra>es onA 5s soon as he i that* she was pushe 4orwar an hit the ash.oar A The a--use sai that the -ar was )oin) at a.out 4# >m an hour when she opene the oor .ut sai that was also a )uess (T/0%A4:)A 4/0 Mr <eter Mor)elas also )ave evi en-e o4 that in-i entA (e sai that the a--use was )oin) to Strath4iel Car Ra ios an he went alon) 4or the ri eA Ce-ilia mentione that she wante to pi-> up a s>irt 4rom the tailorA The a--use was tellin) her that she i not nee it that ayA They -ontinue in an e;-han)e alon) those linesA Mr Mor)elas sai the a--use was not shoutin)* it was C9ust his usual -alm voi-eD (T$#0%A4#)A 4/: Mr Mor)elas sai that Lisa (arnum .e-ame Creal upset in a split se-on DA She raise her voi-e* hit her han s on the ash an opene the oor* releasin) the seat.elt an pla-in) one han out on the outsi e o4 the -arA (e sai that she stu-> her hea out* Ca-tually )ot hersel4 o44 the seatD an he noti-e that she was loo>in) .a-> at themA The a--use hit the .ra>es an she leant .a-> into the seatA 4'# Mr Mor)elas estimate that the -ar was travellin) at appro;imately +# >m per hour at that time (T$#04A$$)A 4'$ Mr Mor)elas )ave evi en-e o4 two other times when Lisa (arnumEs voi-e .e-ame very lou very Hui->ly* whi-h he es-ri.e as her C)oin) o44D (T$#04A%0)A (e a)ree that it was the sort o4 spat that a lot o4 -ouples have (T$#0/A4/)A That evi en-e was presuma.ly le to esta.lish that Lisa (arnum share the 4eatures o4 other su44erers o4 eatin) isor ers es-ri.e .y <ro4essor (ayA (owever* without >nowin) what prompte Lisa (arnum to .e-ome upset on those o--asions* it is i44i-ult to ma>e too mu-h o4 that evi en-eA

2 $$/ 2

4'"

5s to the in-i ent in the -ar* Mr Mor)elas sai Ci4 6 ha to 9u )e it 6 onEt thin> she was )oin) to 9ump out o4 the -arDA (e appeare to thin> that she was 9ust see>in) attention (T$#0'A%+)A

4'%

The a--use also es-ri.e an in-i ent when Lisa (arnum ran a-ross Geor)e Street a4ter .e-omin) upset .e-ause a man .umpe into her an she wante the a--use to say somethin) .ut the a--use woul notA The a--use sai she starte to raise her voi-e an )ot up out o4 her -hair an too> o44 out o4 the -o44ee shop* runnin) strai)ht a-ross the roa on to Geor)e StreetA (e sai she was Csli)htly loo>in) to the ri)ht or le4t* not loo>in) properlyD an that a -ar -ame Cpretty -lose to herD (T/0+A$)A

4'4

?inally* the a--use )ave evi en-e o4 an o--asion towar s the en o4 "#$# or early "#$$ where* a4ter .e-omin) annoye at the a--use * Lisa (arnum remaine silent urin) a 4# minute trip to his parentsE houseA (e sai that* when they arrive * as he pulle into the riveway* she 9umpe out o4 the -ar an ran while the -ar was still movin) at an estimate 4ive or $# >m an hour (T/0/A%4)A 5--or in) to the es-ription )iven .y the a--use o4 the in-i ent whi-h )ave rise to Lisa (arnum .e-omin) annoye at that time* it amounte to no more than Lisa (arnum havin) trou.le puttin) somethin) in the )love .o; an )ettin) annoye when the a--use han e her a se-on item while she was still stru))lin) with the 4irstA

4'+

The a--use sai that* when Lisa (arnum opene the oor an )ot out o4 the -ar* she s-reame out ChelpD (T/00A"+)A

4'/

3ar.ara Gittany )ave evi en-e o4 the same in-i entA She is one o4 the a--use Es youn)er sistersA She es-ri.e an o--asion when Lisa an the a--use arrive in the mornin) at the 4amily home in Merrylan sA She was waitin) out the 4ront 4or them when they arrive A Simon was rivin) an was slowin) ownA Miss Gittany sai that she saw Ce-ilia open the passen)er oor* 9ump out o4 the -ar with her .a)* yell ChelpD an run own the streetA She thou)ht the -ar was movin) at appro;imately $#2$+ >m per
2 $$' 2

hourA Ms Gittany s-reame out Ce-iliaEs name as she ran own the streetA She then went .a-> insi e an -alle Ce-ilia on her mo.ile phoneA She as>e Care you o>PD an Ce-ilia replie CyesDA Ce-ilia sai that she was on Merrylan s Roa )ettin) hersel4 a hot -ho-olateA 4'' Ms Gittany a)ree in -ross2e;amination that* when she 9umpe out o4 the -ar* Lisa (arnum i not 4all or stum.leA She a)ree that Lisa C9ust 9umpe out o4 the -ar an ran awayD (T::%A$')A ,n that .asis* 6 thin> Miss GittanyEs estimate that the -ar was then still travellin) at $# to $+ >m per hour must .e wron)A To maintain her .alan-e at that spee * Lisa (arnum woul have ha to hit the )roun at a runnin) pa-eA ,n that .asis* whilst 6 a--ept Miss GittanyEs a--ount o4 the in-i ent* 6 thin> it is li>ely that the -ar was movin) very slowly .y the time Lisa (arnum )ot outA 6 have rea-he the same -on-lusion in respe-t o4 the in-i ent with Geor)e Jaram es-ri.e .y the a--use A 4'0 Ms Gittany spo>e to Lisa (arnum later on that ayA She as>e whether she was o> an whether she ha hurt hersel4A Ms (arnum respon e Cno* than>4ully* 6Em o>* .ut sometimes 6 o silly thin)sD (T:%#2:%")A 4': 6n my view* the evi en-e o4 those events oes esta.lish that Lisa (arnum was prone to a-t impulsively an perhaps an)erously when she was upsetA 40# ?inally on the issue o4 Lisa (arnumEs emotional state* Mr Stri->lan relie upon the i<o re-or in) (e;hi.it LLG T""A$) as some evi en-e that Lisa (arnum is an emotional personA 5 report 4rom Mr 59oy Ghosh* an e;pert soun en)ineer* esta.lishe that the re-or in) was ma e on Lisa (arnumEs i<hone an somehow -ame to .e store on the a--use Es i<o (e;hi.it MM)A 40$ 5 relevant -onsi eration in assessin) the re-or in) is to >now whether either o4 the parti-ipants >new they were .ein) re-or e A Mr Stri->lan invite me to listen -are4ully to the very .e)innin) o4 the re-or in)* whi-h 6
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have oneA 5s su.mitte .y him* it soun s as thou)h the a--use is tal>in) or ma>in) stran)e noises in his sleepA That -oin-i es with one o4 the vi eo -lips on e;hi.it "" in whi-h Lisa (arnum ma>es 4un o4 stran)e noises ma e .y the a--use in his sleepA 6t seems li>ely that Lisa (arnum was eli.erately re-or in) those noisesA (owever* 6 thin> it is li>ely that she either .elieve she ha turne o44 the re-or in) me-hanism or 4or)ot that it was onA The su.seHuent -onversation oes not seem to me to .e one in whi-h either party was -ons-ious o4 the 4a-t that they were .ein) re-or e A 40" 3oth the Crown an the a--use pla-e relian-e on that re-or in) as revealin) aspe-ts o4 the relationship alle)e ly -onsistent with their own -aseA 6 have ultimately -on-lu e that the re-or in) is o4 no assistan-e in resolvin) the issues in this trialA 6 o not thin> it reveals that Lisa (arnum is a parti-ularly emotional or over2sensitive person* as su.mitte on .ehal4 o4 the a--use A Nor o 6 thin> it shows the a--use privately re9oi-in) in Lisa (arnumEs loneliness an isolation* as su.mitte .y the CrownA 6 have not .een -on4i ent to raw any -on-lusions 4rom the -ontent o4 that re-or in)A 40% Mr Stri->lan su.mitte that all o4 those 4eatures o4 Lisa (arnumEs .a->)roun in4orm the -riti-al events o4 the last ays o4 her li4eA (e relie upon a series o4 aspe-ts o4 those ays as pointin) to an overwhelmin) li>elihoo that Lisa (arnum was in a hi)hly istresse state .y the mornin) o4 %# 1uly "#$$ su-h as to tri))er the >in o4 rea-tions e;plaine .y <ro4essor (ayA 404 The -riti-al 4eatures relie upon .y Mr Stri->lan to in4orm Lisa (arnumEs state o4 min at that time were 4irst* the serious re-ent -on4li-t the -ouple ha e;perien-e whi-h ha le Lisa (arnum to ta>e steps to leave* in-lu in) )ivin) the two pillow-ases o4 -lothes to Lisa 3rown an pla-in) a .a) in stora)eA Se-on ly* the 4urther -on4li-t an ar)ument when the a--use is-overe she ha ta>en those stepsA Thir ly* her is-overy o4
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his very intrusive .ehaviour o4 monitorin) her te;t messa)esA

Mr Stri->lan su.mitte that must have 4e Lisa (arnumEs 4ear an istress a.out his -ontrollin) .ehaviour an pro.a.ly le to a -on-ern as to whether other aspe-ts o4 her li4e were .ein) monitore A 5s su.mitte .y .oth parties* the torn2up note a.out the surveillan-e -ameras su))ests that Lisa (arnum was in a state o4 )reat 4ear o4 the a--use that mornin) (e;hi.it S)A Then* the 4urther -on4li-t on the mornin) o4 %# 1uly 4ollowin) his use o4 the -omputer in the early hours o4 the mornin) an his -on4rontin) Lisa (arnum as to whether she ha -han)e the passwor A 40+ 5n 4inally* the a-t o4 serious a))ression o4 the a--use in physi-ally restrainin) Lisa (arnum 4rom leavin) the apartment an ra))in) her .a-> insi e with his han over her mouth* -ouple with the remar>s ma e .y the a--use a4ter that o--urre A Mr Stri->lan note that* havin) ra))e her .a-> into the apartment the a--use only e;presse em.arrassment at the li>ely response o4 the nei)h.oursA 5--or in) to the a--use * he then insiste that it woul all .e easier i4 she woul 9ust tell him the se-ret* as i4 she was somehow to .lame 4or his a-t o4 a))ressionA Mr Stri->lan su.mitte that those were insensitive an in-en iary remar>s whi-h woul have 4uelle Lisa (arnumEs 4eelin)s o4 4ear an 40/ espairA

Mr Stri->lan su.mitte that the -om.ination o4 those events as e;perien-e .y a woman with the >in o4 ten en-ies attri.ute to people su44erin) 4rom eatin) isor ers .y <ro4essor (ay* an with the ten en-y to over2rea-tive* ris>2ta>in) .ehaviour es-ri.e .y other witnesses ma>es it plausi.le that Lisa (arnumEs rea-tion to the e;treme -ir-umstan-es in whi-h she 4oun hersel4 was 4or her* on impulse* to run to the .al-ony an -lim. over the .alustra e to )et onto the awnin)A (e su.mitte that the Crown has not eliminate the reasona.le possi.ility that Lisa (arnum was so istresse * 4ear4ul or esperate that she .elieve her only option was to es-ape the a--use .y leavin) the apartment via the awnin)A

40'

Mr Stri->lan note 4ive o.9e-tive 4eatures o4 the awnin) whi-h support his su.missionsA ?irst* the awnin) is lower than the )roun level o4 the .al-onyA The i44eren-e is in the or er o4 a.out %/ -m (T$$+:A"4)A
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Se-on ly* whereas on the ri)ht si e there is a small le )e that a person -oul -on-eiva.ly stan on (o4 a 4ew in-hes wi th)* there is no su-h le )e on the le4t si eA Mr Stri->lan su.mitte that those two 4eatures -oul e;plain why Lisa (arnumEs le) .u->le as she lan e on the awnin)* a--or in) to the a--use A 400 5 thir 4eature o4 the awnin) is that it runs the len)th o4 the $+ th 4loor o4 The (y e apartment .uil in) (e;hi.it 44)* a 4eature relie upon .y Mr Stri->lan as su))estin) the possi.ility that she may have .een tryin) to )et to another unitA ?ourthly* the awnin) itsel4 was a soli stru-ture an * 4i4thly* it was a stru-ture on whi-h* a--or in) to the evi en-e o4 the a--use * Lisa (arnum ha previously seen maintenan-e or -leanin) sta44 wal>in) without harnessesA 40: 6 a--ept that Lisa (arnum was plainly in a state o4 )reat 4ear .y the mornin) o4 %# 1uly "#$$A (owever* my assessment o4 her -on u-t over the previous 4ew ays is that* unli>e previous o--asions on whi-h she ha perhaps .ehave impulsively* she was -almly -olle-tin) her stren)th on this o--asionA She was Huietly etermine to leaveA 4:# There is a 4urther -onsi erationA 6 have stoo on the .al-ony at the point where Lisa (arnum is sai to have -lim.e over the .alustra e* a--or in) to the a--use A 6 simply -annot a--ept that any person with a will to survive -oul have re)ar e it as an option 4or es-apeA The i44i-ulty o4 the manoeuvre an the )i y istan-e to the street .elow put the notion o4 es-ape .y that means .eyon rational -ontemplationA The a--use Es alternative su))estion that Lisa (arnum too> that step in or er to 4ri)hten him or as a -ry 4or attention may .e ismisse as 4an-i4ulA 4:$ Lisa (arnum may have .een impulsive* mala aptive an oversensitiveG she may have .een in a state o4 a-ute 4ear an espair .ut 6 o not thin> she was eran)e A ,ne woul have to .e in a -ompletely eran)e mental state to -lim. over that .alustra e in or er to es-ape* 4ri)hten someone or as a -ry 4or attentionA
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4:"

Mr Stri->lan also su))este the possi.ility that Lisa (arnum -lim.e onto the .al-ony .e-ause she inten e to >ill hersel4A 6 o not thin> any o4 the evi en-e 6 have -onsi ere in this trial sustains even the sli)htest possi.ility that that was soA

4:%

?inally* Mr Stri->lan su.mitte that it is inherently implausi.le that the a--use woul have .een so enra)e as to unloa his 4ian-Te 4rom a .al-ony in 4ull pu.li- view on a Satur ay mornin) on a very .usy street in the mi le o4 the C3DA

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(e su.mitte that there is nothin) at all in the history o4 their relationship to su))est that the a--use was physi-ally violent towar s Lisa (arnum e;-ept in the a-t o4 ra))in) her .a-> into the apartment that mornin)A (6t was later -lari4ie that the su.mission was ire-te to there .ein) nothin) o4 that >in in the history o4 what Lisa (arnum ha tol Lisa 3rown* Mi-helle Ri-hmon an (elen Sharwoo A With that Huali4i-ation* the point is o4 little wei)ht)A

4:+

The simple 4a-t is that Lisa (arnum i 4all 4rom the .al-onyA She either -lim.e over the .alustra e o4 her own a--or or was li4te over it .y a eli.erate a-t o4 the a--use A ,ne or other o4 them i somethin) sho->in) an entirely unpre i-ta.le that mornin)A

4:/

Many o4 the 4a-tors as to Lisa (arnumEs e;treme state o4 min that mornin) also re4le-t on the li>ely state o4 min o4 the a--use A 6 o not have any ou.t that* at the point when he restraine her 4rom leavin) the apartment* )ra..in) her .y the 4a-e an ra))in) her home* he was in a state o4 un-ontrolle ra)eA Mr Stri->lan resiste that propositionA (e note that the a--use ha never stoppe Lisa (arnum 4rom leavin) .e4oreA 6n a sense* that is the pointA <reviously* the -om.ination o4 surveillan-e an persuasion ha serve him wellA 5s su.mitte .y the Crown* this time was i44erentA

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4:'

6 am satis4ie * as put to the a--use .y the Crown in -ross2e;amination* that the a--use ha lost -ontrol o4 his temper at that pointA 5lthou)h that was not the -ase put on his .ehal4* my -on-lusion to that e44e-t raises the nee 4or me to -onsi er the partial e4en-e o4 provo-ation un er s "% o4 the Crimes Act $:##A

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6t is appropriate 4or that purpose to have re)ar to all o4 the evi en-e a.out the relationshipA ,n that approa-h* Lisa (arnumEs -on u-t in hi in) .a)s o4 her possessions apparently in rea iness 4or a hasty eparture* involvin) a personal trainer 4rom his )ym in those arran)ements (with possi.le reputational ama)e 4or him)* -han)in) the passwor on the monitorin) pro)ram to the wor OTRFSTE an ma>in) arran)ements with her mother to .oo> 4li)hts all amount to -on u-t whi-h* ta>en to)ether* -oul .e re)ar e as li>ely to have provo>e the a--use A

4::

6 shoul also -onsi er the last events o4 that mornin) in-lu in) the evi en-e o4 the a--use that Lisa (arnum rolle her eyes at him when he sou)ht to rea-h out to her on the issue o4 his -on u-t in monitorin) her messa)es* her ash to the oor an her -on u-t (esta.lishe .y in epen ent witnesses) in .an)in) on the oor o4 the nei)h.ours s-reamin) 4or helpA (avin) re)ar to the su.9e-tive attri.utes o4 the a--use in-lu in) his a mitte 9ealousy* his -ontrollin) .ehaviour an his e;pe-tation that his partner shoul listen to him at all times* 6 o not thin> 6 -an eliminate the reasona.le possi.ility that the a--use Es -on u-t that mornin) was the result o4 a loss o4 -ontrol in u-e .y the -on u-t o4 Lisa (arnumA

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(owever* 6 am satis4ie .eyon reasona.le ou.t that Lisa (arnumEs -on u-t was not su-h as -oul have in u-e an or inary person in the position o4 the a--use to have so 4ar lost sel42-ontrol as to have 4orme an intent to >ill or to in4li-t )rievous .o ily harm on herA The a--use Es views as to the e)ree o4 surveillan-e an -ontrol a person is entitle to e;er-ise over his or her partner are not to .e attri.ute to the or inary personA 5--or in)ly* i4 the elements o4 the o44en-e o4 mur er are
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otherwise ma e out* the e4en-e o4 provo-ation must .e re9e-te * in my viewA +#$ Lisa (arnum was tryin) to leave the a--use on the mornin) o4 her eathA (e stoppe her with an a-t o4 serious a))ressionA There is no ou.t in my min that he was in a state o4 ra)e at that point an that he ha lost -ontrol o4 his temperA 5--or in) to the a--use * a4ter ra))in) her .a-> into the apartment* he let her sit own* ma e some insensitive remar>s an went to ma>e her a hot rin>A The proposition that he was a.le to .rin) himsel4 un er -ontrol so Hui->ly a4ter the stru))le at the oor is inherently implausi.le an 6 re9e-t itA 6 o not a--ept his evi en-e that Lisa (arnum -lim.e over the .alustra eA 6 o not entertain a reasona.le ou.t a.out the a--ura-y or relia.ility o4 the evi en-e o4 Mr RathmellA 6 -annot >now e;a-tly what happene in that apartment in the minute or so 4ollowin) the stru))le at the oor* .ut 6 thin> it is li>ely that Lisa (arnum was at some point ren ere un-ons-iousA 3ase on my assessment o4 all o4 the evi en-e* 6 am satis4ie to a point o4 a-tual persuasion an .eyon reasona.le ou.t that the a--use maintaine his ra)e an * in that state* -arrie her to the .al-ony an unloa e her over the e )eA 6t 4ollows that 6 am satis4ie .eyon reasona.le ou.t o4 the elements o4 the o44en-eA 6 4in the a--use )uilty o4 the mur er o4 Lisa Ce-ilia (arnumA

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