An old photo of Lynette Daley with a pet dog. Lynette Daley died of internal bleeding after being sexually assaulted.

 

This case raises many legal and moral issues.

A young part-Aboriginal woman Lynette Daley died, in the companionship of two men. It is apparent that there was a lot of blood lost and her internal sexual organs were severely damaged.

I read some time ago that there were allegations of blunt-force trauma, presumably with a rod-like object. This idea hasn’t been reported on in the trial reporting, which started yesterday.

Then there is the issue of what legal duty of care these men had towards Lynette once there was serious blood-loss. Or were they too drunk to take it all in? Why didn’t they take Lynette to hospital? What exactly did they do to Lynette that night?

Did they get carried away and somehow deliberately hurt Lynette so badly. Charges of rape and manslaughter have been laid. If the sexual intercourse was consensual at some stage, it appears things went badly pear-shape, and very violent.

The police took years to charge these two men, so it appears that the fact Lynette was so drunk and had taken an illicit drug may have caused police to assume the death was part of extremely drunken and debauched behaviour. Which it was, but at what point did these two men overstep the mark and the matter become a crime?

I’d say when they started to get violent and highly abusive with Lynette, and treated her like a rag-doll they badly over-stepped the mark. I hope they get a decent sentence for what they did to poor Lynette. It all sounds highly violent and highly abusive.

 

Adrian Attwater (L) and Paul Maris (R) are currently on trial in Coffs Harbour over Lynette Daley’s death

 

Daily Telegraph

Lynette Daley death: Accused seen ‘acting sexually’ to alleged victim in supermarket

ONE of two men accused of raping a woman who later died from horrific internal injuries was seen acting sexually towards the alleged victim in a supermarket and its car park the evening before she was found dead.

The jury heard the accused was “dry humping” the alleged victim in a supermarket and then pulling her tracksuit pants down in the car park the evening before she was found dead.

Two shop assistants at Foodworks Iluka, in northern NSW, said they saw a man pull Lynette Daley’s pants down twice as the pair packed groceries into the back of a white troop carrier.

Shop assistant Karen Collett, 51, said the man and woman both seemed extremely drunk.

Lynette Daley’s sister Tina Daley arriving at Supreme Court in Coffs Harbour today. Picture: AAP

“On the first occasion she pulled them back up and on the second occasion she was a little slower,” Ms Collett said.

She said the second time the man pulled Ms Daley’s pants down to her knees she turned around and yelled out, ‘did anyone want a piece of this?”

Paul Maris, 47, and Adrian Attwater, 42, are on trial in relation to the alleged sexual assault and death of the 33-year-old mother of seven who bled to death on an isolated beach on January 27, 2011.

Attwater, 42, has pleaded not guilty to the rape and manslaughter of Ms Daley.

Lynette Daley: Family press for justice as Ten Mile Beach victim is named for first time

Maris has pleaded not guilty to aggravated sexual assault in company and hindering the discovery of evidence by burning a bloodied foam mattress.

The trial heard evidence from four people who saw the three at the Iluka shops the previous evening and all said Daley was extreme drunk and wearing only a bra and tracksuit pants.

Peter Gallagher, 58, who was a fishing mate of Maris, said he had a brief conversation with the trio.

Mr Gallagher told the court he saw Attwater and Ms Daley sitting in the troop carrier while Maris talked on the phone nearby.

He said Attwater told him they were, “going up the beach, camping, fishing and getting on the piss.”

Mr Gallagher said Attwater told him they were going to sleep in the back of the vehicle.

“I said, ‘what all three of youse?’ He said, ‘yep she is a trooper,’ and tapped her leg and at the same time he gave me a bit of a wink.”

Co-accused Adrian Attwater arrives at the Supreme Court in Coffs Harbour today. Picture: AAP
Lynette Daley’s stepfather Gordon Davis (left) and father Hector Daley. Picture: AAP

Defence barrister for Attwater Nathan Steel asked Mr Gallagher why he did not tell police that in his first statement.

“I suggest that the reason why you didn’t say anything is because it never happened.”

“It did,” he replied.

Another man, Brian Newton, 80, said he was leaving the Foodworks car park when the troop carrier pulled up.

He said the driver of the troop carrier said to him, “Hey mate, can I see you for a minute?’ and then the other man said, “can you drop this thing down the road for us please?”

“He was obviously referring to the lady in between them,” he said.

“She looked very, very intoxicated or otherwise she didn’t really know where she was.”

Lynette Daley: NSW DPP will review case of young mother’s horror beach death

The Crown case is Attwater caused Ms Daley serious internal injury, while all three were having group sex, which led to her bleeding to death.

The Crown claims Ms Daley had a blood-alcohol content of up to 0.354 and would have been too intoxicated to consent to the sexual activity.

The defence case is Ms Daley consented to the sex and never complained about the serious injury.

Mr Steel said Attwater did not know how badly he had hurt Ms Daley until the next morning when she collapsed in the ocean and died soon afterwards.

Lynette Daley, who died on Ten Mile Beach in 2011.

Earlier in the day, Ms Daley’s sister younger Tina Daley told that court the last time she saw Lynette was the day before she died, when she stumbled out of a four-wheel drive while Adrian Attwater and Paul Maris waited inside it. Ms Daley smelled of alcohol and seemed drunk.

It was about 5am on Australia Day 2011.

“She asked me if I wanted to go camping with her,” Tina Daley told the jury. “I said I’ll get a babysitter for my daughter. “She said she’ll be back in the afternoon to pick me up.”

Crown prosecutor Philip Strickland asked if Ms Daley ever came back. “No,” her sister said.

The trial continues.