Chris Dawson’s carnal knowledge appeal - podcast episode cover

Chris Dawson’s carnal knowledge appeal

Dec 05, 202411 min
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Episode description

Convicted murderer Christopher Michael Dawson says NSW District Court chief judge Sarah Huggett made ‘errors’ in convicting him for the grooming and abuse of a 16-year-old schoolgirl. 

Find out more about The Front podcast here. You can read about this story and more on The Australian's website or on The Australian’s app.

This episode of The Front is presented by Claire Harvey, produced by Kristen Amiet, and edited by Josh Burton. The multimedia editor is Lia Tsamoglou, and original music is composed by Jasper Leak.

See omnystudio.com/listener for privacy information.

Transcript

Speaker 1

From the Australian. Here's what's on the front. I'm Claire Harvey. It's Friday, December six. Anthony Albanezi has proposed exempting giant salmon farms in Tasmania from federal environmental laws on a national interest basis. That's a scoop in the Australian, where we've been covering the stout over a rare endangered fish

species that could blow up the salmon industry. Fitter Dutton says he'll cancel half the government's offshore wind zones, saying the giant turbines would jeopardize the environment, tourism and the economy. Both those stories alive now at the Australian dot com

dot au. Christopher Michael Dawson is appealing his conviction for the unlawful carnal knowledge of a sixteen year old girl who was his pupil in nineteen eighty Dawson, previously convicted for the murder of his wife, Lynette Simms, says he he's not guilty and that the New South Wales District Court Chief Judge made errors of law in the trial. Today Dawson's grounds of appeal. Before we begin, there's some

swearing in this episode. Did you catch that? It's Christopher Michael Dawson in twenty twenty three, reacting to his conviction for having unlawful carnal knowledge of a teenager who was his student in the early nineteen eighties. Dawson had already been convicted of the nineteen eighty two murder of his wife, Lynette Simms, and he was appearing via videolink wearing prison greens before the New South Wales District Court to hear Judge Sarah Hugget convict him of this second defense.

Speaker 2

I'm satisfied beyond reasonable doubt that the accused committed the offense charged and find him guilty.

Speaker 1

When Dawson thought the video link was turned off, he let rip that string of expletives, clearly audible in the court. The complainant in this matter is a woman whom we can only identify as ab. She was the Dawson family babysitter in the early nineteen eighties and was Dawson's student at Chromer High where he was a sports teacher.

Speaker 3

One of his favorite stories, and it might have been one of mine too, is that he'd seen me in the playground when I was in year ten, fifteen years old, and he thought to himself, Oh, I'd really like to get to know her. She's beautiful. It softened me. I felt special because he'd said that.

Speaker 1

That's a voice actor reading the words of ab during her evidence at trial.

Speaker 3

I just remember lying there on the bed in anticipation, shaking. I was told to keep it a secret, part of the grooming process, I would say, to get me to trust him.

Speaker 1

Now Dawson, who has always denied any wrongdoing, is appealing the district court conviction.

Speaker 4

The verdict of guilt was unreasonable.

Speaker 1

That's a voice actor reading the first of four grounds of appeal on behalf of Dawson. He'll be represented by barrister Stephen Odger's sc A Silk specializing in criminal appeals. This trial was all about timing. Exactly when did Dawson first have sex with the girl. She says it was in nineteen eighty, when she was sixteen and a student in his class. Dawson admits he had sex with the girl while she was a teenager. Bard says it was the following year after she turned seventeen and was no

longer in his class. He was in his early thirties. In early nineteen eighty two, Dawson's wife, Lynnette disappeared and ab moved into the family home. The pair later married and had a baby, then divorced. She later became a witness against him in both the murder and carnal knowledge proceedings, saying she was horrified by the dawning realization that Dawson had murdered Lynnette to be with her. That distinction in age is important because if Dawson is telling the truth,

it wasn't a crime. The relevant law was that the age of consent for sex was sixteen, but there was a special exception for teachers and pupils. In that case, a female student had to be seventeen to consent to sex with her teacher.

Speaker 4

The trial judge ered in failing to take into account evidence relevant to the issue of the date sexual intercourse occurred, other than with respect to the credibility of the complainant.

Speaker 1

These are Dawson's continued grounds of appeal.

Speaker 4

The trial judge ered regarding the application of the burden and standard of proof. The trial judge ered in relying upon questions asked by defense counsel in cross examination of prosecution witnesses as indicating the defense case.

Speaker 1

The judge Sara Huggart, who has since been promoted to Chief Judge of the District Court, said this in her sentencing remarks, which the Court allowed us to broadcast.

Speaker 5

The victim did not tell anyone because the offender told her to keep its secret. The offense was committed in circumstances where the offender had engaged in conduct in the lead up to committing the offense that could be characterized.

Speaker 2

As grooming the victim.

Speaker 6

This included taking active.

Speaker 2

Steps to become her teacher, singling her out for attention, including choosing her to attend a sports carnival for brackets with another student clothes brackets, during which he sat next to her and put his hand on her knee which made her feel special, telling her she was beautiful, and having her babysit in his home.

Speaker 6

This occurred in a context.

Speaker 2

In which the offender knew the victim was experiencing trouble in her home life and that she was somewhat vulnerable.

Speaker 6

The offender also encouraged the victim to confide in him about.

Speaker 2

Her problems, and she came to trust him.

Speaker 1

During the Cunnel Knowledge trial, Dawson was at Long Bay. He initially showed up for court, but then asked if he could watch the trial via video link from jail, as it was exhausting to get on the prison bus in the pre dawn hours with all the other prisoners attending court not to return until well after dark. In her sentencing remarks, Judge Huggart acknowledged time in prison was draining for the now seventy six year old.

Speaker 2

The offenders mental health deteriorated following his arrest and the associated media and public interest. He experienced a further decline in his mental.

Speaker 6

Health when he was admitted to custody on thirty August twenty twenty two, having been foundabilty of the murder of Lynette Dawson. Although he reports experiencing taunting by inmates from neighboring wings, apparently the inmates within his wing are supporting.

Speaker 1

Huggart sentenced Dawson to three years. He's also serving twenty four years for the murder of Lynette. Coming up after the break what happened when Dawson appealed against his conviction for murder. Earlier this year, Dawson appealed against his conviction for murdering his wife, which had been delivered by Justice Ian Harrison of the New Southwheales Supreme Court.

Speaker 7

Christopher Michael Dawson on the charge the donor, about eight January nineteen eighty two, at Dayview or elsewhere in the state of New South Wales, you did murder Lynnette Dawson. I find you guilty. The message down mister Dawson will be necessary for you to be taken into custody. You'll have to go.

Speaker 1

Dawson won't get parole unless he reveals what he did with Lynn's remains, a new piece of legislation named Lynn's Law in her honor.

Speaker 7

The evidence does not reveal how mister Dawson killed Lynette Dawson. It does not reveal whether he did so with the assistance of anyone else or by himself. He does not reveal where or when he did so, nor does it reveal well in at Dawson's body is now. The charge of murder in this trial is unsupported by direct evidence.

The case against mister Dawson is wholly circumstantial. I'm satisfied the unreasonable doubt that the only rational inference that the circumstances enable me to draw is that Lenette Dawson died or on about eight January nineteen eighty two as the result of a conscious and voluntary act committed by mister Dawson with the intention of causing her death.

Speaker 1

In his appeal against the murder conviction, Dawson's representative of public defender, Belinda Rigesci, claimed he suffered a significant forensic disadvantage because the trial happened so long after the alleged crime. She said, evidence that could prove Lynn war I was alive after January nineteen eighty two had been destroyed or lost to time, memories had faded, and potential witnesses had died. A voice actor is reading the words spoken by Belinda Rigg in court.

Speaker 8

That's a very clear example of a deceased person whose evidence was crucial. That very type of detail has been lost because of the delay. Rig also submitted Justice Harrison erd when he declared Dawson's lies demonstrated a consciousness of guilt. Although it took forty years for Dawson to be charged, and although he fought it at every level and the trial itself stretched over more than two months, it took fewer than two minutes for the appeal to be dismissed by a three judge bench.

Speaker 1

Chris Dawson is expected to die in jail, with one judge declaring there is absolutely no doubt he is guilty. The Cardinal Knowledge appeal will be heard on March thirty one, twenty twenty five. Thanks for joining us on the front this week. Our team is Kristin Amiot, Jasper leek Leat, Sammaglu, Josh Burton, Tiffany Dimack, Stephanie Coombs and me Claire Harvey. Don't forget to come back over the weekend for another

of our special arts and culture episodes. This time we'll reveal what it takes to write an award winning novel, and of course join us anytime for Australia's best journalism at the Australian dot com dot au

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