Mum’s tears after daughter’s 13-year mystery resolved
Adelaide Lang |
After more than 13 years marred by lies and silence, the family of a “fiercely free-spirited” young woman have finally learned she was killed by her controlling lover.
Leisl Smith, 23, was last seen alive on CCTV getting into a white ute at Tuggerah railway station on the NSW Central Coast in August 2012.
The vehicle belonged to her lover and accused killer, James Church, who was charged with her murder and faced trial 10 years later.
But the trial verdict was sealed after Church died by suicide on the eve of it being delivered in the NSW Supreme Court in July 2022.
Ms Smith’s family have now finally received answers to painful questions about what happened to the vibrant young woman after inquest findings were handed down on Monday.
Coroner Harriet Grahame determined Ms Smith died by homicide at the hands of Church after 2.02pm on August 19.
Although a body has never been found, she concluded the 23-year-old had been killed in either the NSW Central Coast or Upper Hunter region.
Her mother Sandi Harvey was overcome with emotion to have an answer after so long.
“As a mother I know that she’s not with us here any longer, but I needed to hear it,” she said tearfully.
But Ms Harvey said it’s the “worst feeling in the world” to know that she might never know where her daughter is buried.
“I lost my dad many years ago. I know where he is, I can go to him,” she said.
“I can’t do that with Leisl.”
Evidence showed Church was alarmed that he could no longer control Ms Smith, who threatened to ruin both his standing in the community and his relationship.
Ms Smith complained the then-42-year-old had been physically aggressive and threatened to kill her, notably when he thought she was pregnant with his child.
Weeks before her death, Ms Smith told multiple people Church tried to run her down in a car.
The inquest was told Church had a “significant history” of inflicting serious harm on his intimate partners, including twisting one woman’s neck until it fractured.
Church told a myriad of lies to conceal his role in Ms Smith’s death, Ms Grahame found, including that they didn’t have a sexual relationship and he hadn’t spoken to her in months.
Tellingly, he had been in contact with her more than 1000 times in the months leading up to her death but did not try to contact her after she went missing.
Instead, the coroner found he sent cruel and heartless text messages from Ms Smith’s phone to mislead her loved ones into thinking she was still alive.
“Leisl is obviously deeply loved and missed by all,” she said as she expressed her sincere condolences to the family.
“(She was) a fiercely free-spirited daughter and sister … someone who danced to the beat of her own drum, who was adventurous and always looking to find joy in life.”
Ms Grahame noted that sealing the outcome of Church’s trial caused “deep distress” to Ms Smith’s family and the diligent police officers whose investigation came to an abrupt end.
Justice Elizabeth Fullerton, who presided over his judge-alone trial, had settled on her verdict and finalised her written reasons at the time but had not yet handed them down.
When Church died, the verdict was sealed and the legal proceedings were terminated in accordance with the laws of abatement.
During the inquest, Ms Smith’s family called for an exception to the laws in cases where a verdict has been reached to prevent other families from suffering as they had.
Ms Grahame recommended that NSW Attorney-General Michael Daley refer the question of whether to reform the laws to the state Law Reform Commission for consideration.
1800 RESPECT (1800 737 732)
Lifeline 13 11 14
Men’s Referral Service 1300 766 491
AAP
