Lynette Daley, whose body was found naked and bloodied on Ten Mile Beach in northern NSW in January 2011.
Lynette Daley, whose body was found naked and bloodied on Ten Mile Beach in northern NSW in January 2011. contributed

Lynette Daley rape trial hears shocking evidence

WARNING GRAPHIC CONTENT

THE extent of Lynette 'Norma' Daley's intoxication at the time of a sexual act which allegedly caused, or played a significant part in the cause of her death on a beach north of Iluka, will be a key factor in the Crown's case against Adrian Attwater and Paul Maris.

Mr Attwater is charged with manslaughter and aggravated sexual intercourse without consent over the Clarence Valley woman's death, while Mr Maris is facing charges of aggravated sexual intercourse without consent and accessory after the fact to manslaughter.

Both have pleaded not guilty to the charges, and the two Supreme Court trials are running concurrently in the Coffs Harbour courthouse.

Yesterday afternoon, Ms Daley's mother and other family members and friends sat in the public gallery as Crown prosecutor Philip Strickland SC began his opening address to the court.

Mr Strickland explained to the jury that there would be "a lot of evidence heard" about the fact Mr Attwater, Mr Maris and Ms Daley drank a lot of alcohol on January 26, 2011, prior to the acts which allegedly caused her death.

The mother-of-seven's body was found on Ten Mile Beach in the early morning of the following day.

Mr Strickland told the jury two blood alcohol readings were taken from Ms Daley during an autopsy, one which recorded a blood alcohol level of 0.303, and another of 0.352 - making her "grossly intoxicated" at the time of death.

It was also heard she had a small quantity of methamphetamine in her blood.

"The Crown case is that those BACs are a reliable indication of her BAC at the time of death," Mr Strickland SC said.

The prosecutor also spoke of two lacerations, located one the inner and outer parts of her genitals, which he said was caused by Mr Attwater inserting his fist or part of his hand into her body and "thrusting vigorously".

He said the act itself was not expected to be disputed by the defence, but what would be in significant dispute was the nature of the offence.

It was said by the Crown that at her perceived level of drunkenness, Ms Daley would not have been able to consent to the acts she was subjected to.

A short clip from a police interview with Mr Attwater was played in court, in which he described the act of intercourse to a detective.

"It was my f****** hand," Mr Attwater could be heard saying in the recording.

And later, "girls will be girls and boys will be boys."

The case will continue today with the resumption of the Crown prosecutor's address.


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