The mother of a Central Coast woman who vanished in 2012 is calling for laws to be amended to allow a verdict for the man who stood trial for her murder — but died — to be released.
Leisl Smith's mother Sandi Harvey said she was "stuck" not knowing what a three-month, judge-alone trial determined in relation to her alleged killer, Inverell man James Scott Church, who died by suicide before a verdict could be delivered.
"Having sat in the courtroom all that time — if he was found guilty then, at least I know. If he was found innocent, at least I know," she said.
Last year Mr Church, 53, stood trial before Supreme Court Justice Elizabeth Fullerton for the alleged murder of his lover Leisl Smith.
The 23-year-old vanished from the Central Coast in 2012, at a time when Mr Church lived on a property nearby.
Mr Church pleaded not guilty and repeatedly declared he was an innocent man.
Ms Smith's body has never been found and prosecutors alleged in court she was believed to be buried in the Upper Hunter Valley.
Ms Harvey sat through the entire trial.
"Because I heard almost every single word that [Justice Fullerton] had said, I was prepared at any stage to go along with whatever verdict she came [back] with," Ms Harvey said.
Verdict sealed
The court was told James Church ended his life on July 7, 2022 — the day before a verdict was due to be handed down.
On July 8, Justice Fullerton said she was bound by law to seal her judgement.
"Because of Mr Church's death yesterday, which brought his trial to an end, I cannot announce my verdict today," Justice Fullerton said.
"I want to assure Ms Smith's many friends and many members of her family, that the law simply does not allow me to publicly announce it, or to publish the very lengthy reasons which were ready to be published," she said.
Ms Harvey said she was devastated.
The law explained
The law states that Mr Church — and Mr Church alone — was being prosecuted by the Crown. Because he died, there was no accused for the judge to deliver her verdict to.
It meant the case against him was extinguished.
University of Newcastle law professor Ray Watterson said it was an old common law rule.
"Justice Fullerton was bound by it, and rightfully so," he said.
Professor Watterson said while the law could be changed, he doubted any amendment would be back-dated.
"[The law] could be changed, but the door's closed on this one," he said.
"They can't of course retrospectively change the law. So in the future, they might think, 'Well, OK, we could change this'.
"But the very clear thing is what Justice Fullerton said … her hands were tied on this and she was obliged, as a matter of law, to conclude the trial without a verdict."
New AG seeks issues brief
A statement issued on behalf of Labor Attorney General Michael Daley said he would seek a briefing about the law around sealed verdicts.
"This is a tragic situation for the victim's family — the circumstances are complex and raise difficult legal issues," the statement read.
"I have asked the Department of Communities and Justice to brief me on these issues."
Ms Harvey has gathered 2,500 signatures on a petition calling for change.
"I don't want this to happen to anybody else ever again," she said.
"It feels like I've reached the end of a road where there's a cliff and I can't go backwards, but I can't go forwards either."
Following his death, Mr Church's family said he died an innocent man after being "hounded" by police.
