A West Australian man who spent more than a decade in prison before being acquitted of murdering his pregnant lover has been awarded $1.6 million in compensation by the state government.
WARNING: Aboriginal and Torres Strait Islander readers are advised this article contains the name and images of a person who died.
Scott Austic was acquitted of the 2007 murder of Stacey Thorne more than two years ago, with the trial that ultimately cleared his name hearing allegations he was framed by police.
Ms Thorne was pregnant with Mr Austic's child when she was stabbed more than 20 times in the South West town of Boddington.
Mr Austic was originally sentenced to 25 years in prison for her murder and lost an initial appeal, before also failing in his petition for then-attorney-general Michael Mischin to exercise the royal prerogative of mercy and allow another appeal.
Announcing the ex-gratia payment in parliament, Attorney-General John Quigley said Mr Austic had initially asked for $8.5 million in compensation.
But he said the state government had decided to give $1.6 million to Mr Austic in recognition of the four-and-a-half years between his petition to Mr Mischin and his ultimate release.
"This payment has been made following comprehensive legal advice analysing the circumstances of the matter obtained from the highest levels within the State Solicitor's Office," Mr Quigley said.
"That legal advice ran to 37 pages analysing and advising on all of the circumstances of the matter from the first prosecution right through to the latest CCC report."
That report considered whether there was any evidence of wrongdoing by the police or prosecutors, with Mr Quigley telling parliament none was found.
"I wish to extend my sincerest condolences to Mrs Thorne's family, who have been living with the heartbreak and the lack of closure about the circumstances surrounding her death for many years," he said.
Mr Austic's lawyer, Clint Hampson, said his client was very disappointed with the offer after serving 12-and-a-half years in jail for a crime he did not commit.
Doctor Hampson said Mr Austic was struggling to reconcile the offer with what was awarded, more than a decade ago, to the late Andrew Mallard — $3.25 million — who spent less time in custody than Mr Austic.
He would now need to discuss with Mr Austic what his options are.
A report outlining the government’s reasons for the payment, tabled in parliament, said the $1.6 million to be paid to Mr Austic included $250,000 which was approved in 2021, pending the CCC investigation.
It said the government also “supports” making additional payments for legal costs incurred by Mr Austic in preparing his two petitions to the government, his 2020 appeal and retrial.
However, the document said if Mr Austic was to be found responsible for, or complicit in, Ms Thorne’s death in either a civil or criminal trial he would be required to repay all money he received.
“The McGowan government is satisfied that exercising its discretion to make a total ex-gratia payment of $1.6 million, plus certain reasonable legal costs, provides meaningful recognition of the injustice suffered by Mr Austic as a result of the miscarriage of justice and imprisonment that occurred in relation to his conviction for the murder of Ms Thorne which was later overturned,” the document reads.
“The payment will provide substantial assistance to Mr Austic in his continued reintegration into society and assist to address his immediate and long term needs.”
Ms Thorne's murder remains unsolved and is one of 64 cases to attract an increased $1 million reward for information under changes announced by the state government on Wednesday.
Claims evidence planted 'credible, cogent and plausible'
When the WA Supreme Court set aside Mr Austic’s conviction in 2020 and ordered a new trial, it found “credible, cogent and plausible evidence” that crucial evidence against him had been planted.
The Court of Appeal found a knife police located in a paddock had been planted, and that it was not long enough to inflict the fatal wounds suffered by Ms Thorne.
It also accepted said there was “credible, cogent and plausible evidence” someone had planted a bloodstained cigarette packet not in original police photographs of the scene, but which appeared about 30 hours later.
Given those findings and questions about the “integrity” of the police investigation, the court also said there was “a shadow” cast over the integrity of a Jim Beam can found outside Ms Thorne’s home.
Following Mr Austic’s acquittal, both his lawyer and a police officer involved in the case requested the Corruption and Crime Commission investigate allegations made against WA Police officers.
A report by the CCC in 2013 formed no opinion of misconduct among police or prosecutors.
Mr Quigley on Wednesday tabled another CCC report, this one dated late March 2023, which reached the same conclusion.
“In exploring the avenues open to the commission … the commission kept returning to the same conclusion: it was simply not possible to make a finding one way or another about serious misconduct,” the report reads.
It said limitations in evidence collected by police meant it was not possible to determine issues around evidence being planted.
“The commission cannot go back in time to determine when the Hill Street can came to be on the road, the knife came to be on the vacant land or the cigarette packet came to be on the back verandah, or how those pieces of evidence came to be where that evidence was found,” the report said.
“Fifteen years has passed since the WA Police Force investigation.
“Memories would have eroded over that time, thereby reducing the reliability of any evidence that would now be given.”
An independent report prepared by barrister Anthony Power for the CCC found there was no new evidence which could be considered by the commission.
'Our family will not give up'
Speaking on behalf of Stacey Thorne's family, her cousin Kylie Thorne appealed for any information about her relative's death, saying the family would always hold out hope.
"She was a kind and caring soul. She did not deserve this at all," she said.
"Anyone who has information, please come forward. Let our family rest.
"We've been grieving for 16 years and we want to make sure Stacey's murder did not go without having any justice served.
"Our family will not give up … we want Stacey and her unborn baby to finally rest in peace."
