Just because a man or woman is drunk doesn’t mean that she or he can be assaulted, abused, have blunt instruments vigorously inserted in their vagina or anus, or be subjected to other abusive and sado-masochistic activity.

Sydney Morning Herald

Lynette Daley was ‘drunk’ before fatal beach trip, sister tells court

The last time Lynette Daley’s sister saw her before she died she stumbled out of a four-wheel drive while Adrian Attwater and Paul Maris waited inside the vehicle, a NSW jury has heard.

Ms Daley, 33, smelled of alcohol and seemed drunk, her younger sister Tina Daley told the Supreme Court in Coffs Harbour on Wednesday.

Adrian Attwater at the Supreme Court.Adrian Attwater at the Supreme Court.  Photo: AAP


It was about 5am on Australia Day 2011, a day before Ms Daley, 33, allegedly bled to death at Ten Mile Beach after she was sexually assaulted by Attwater and Maris.

“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.”

Prosecutor Philip Strickland asked if Ms Daley ever came back.

Attwater, 42, has pleaded not guilty to the manslaughter and aggravated sexual assault of Ms Daley, a mother-of-seven.

Maris has pleaded not guilty to aggravated sexual assault and hindering the discovery of evidence.

Paul Maris.Paul Maris.  Photo: AAP

CCTV footage played in court shows Attwater and Maris allegedly buying alcohol in Iluka later in the morning of January 26.

The trio was later spotted driving up and down the remote Ten Mile Beach by several witnesses.

In a statement read out in court, Hayley Keller said she saw the white troop carrier drive past about 1pm with three people in the front seat.

“I remember saying … ‘they look pretty rough,'” her statement said.

Witness Gary Loy, who briefly spoke to the trio, said “they looked fairly rough and ill-dressed,” in his statement.

The court earlier heard Attwater made a “last-minute, desperate, panicked call to triple zero” at about 6am on January 27 after Ms Daley stopped breathing.

Lynetter Daley's sister Joanne Daley.Lynetter Daley’s sister Joanne Daley.  Photo: AAP

Attwater told police they’d been swimming naked in the ocean when she had a seizure, Mr Strickland said.

The crown rejects Attwater’s version of events, alleging Ms Daley would have been “either dead or dying” from genital injuries before being “dragged” into the water.

The trial continues.