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ABC News
National

Sharon Fulton's husband will not be compelled to testify at inquest for medical reasons

Sharon Fulton was 39 years old when she vanished more than three decades ago. (ABC News: Supplied)

A Queensland man named by WA police as a suspect in the disappearance of his wife in Perth more than three decades ago will not be compelled to testify at an inquest into the case.

Robert Fulton was listed as the final witness in the hearing into the suspected death of his wife, Sharon, who vanished without a trace on March 18, 1986.

Mr Fulton reported her missing three days after her disappearance and told police he had last seen her when, after a heated discussion, he dropped her off at the East Perth train station with an overnight bag.

The inquest heard evidence that Ms Fulton voiced concerns in the weeks before her disappearance that her husband would try to murder her. 

 Mr Fulton said he last saw his wife when he dropped her off at East Perth train station.  (Michael Mackenzie)

Today, counsel assisting the coroner Sarah Tyler said she had spoken to Mr Fulton earlier in the week and he said he was in a hospital in Queensland.

However, Ms Tyler said inquiries had found that he had been discharged from that hospital on April 21.

Ms Tyler told the inquest there was footage of Mr Fulton going into his Queensland home today, but there was no response when representatives of the court attended the residence and repeatedly knocked on the door.

Police sceptical of Alzheimer's diagnosis

The deputy state coroner, Sarah Linton, said the court had received information from Mr Fulton indicating he had been diagnosed with Alzheimer's disease, which might affect his ability to give evidence.

Police officers who interviewed Mr Fulton after a cold case review in 2017 testified they were sceptical of that diagnosis because intercepted telephone calls had recorded him talking to his partner about what she should say to back up his claim.

An officer also told the inquest they had observed Mr Fulton before they interviewed him, and he seemed "aware".

Ms Linton said while she did have the power to issue a warrant for Mr Fulton's arrest, it was a "difficult situation" because there was evidence before her that he had been diagnosed with a health condition.

Ms Linton said even if Mr Fulton was arrested and compelled to answer questions, it would be problematic because of that diagnosis, and therefore she was not going to issue a warrant.

However, the deputy coroner said a letter had been sent to Mr Fulton encouraging him to provide an account of what happened to his wife, although she noted she was able to make her own conclusions based on the evidence she had heard.

She also said if further evidence came to light or if Mr Fulton did wish to testify, the inquest could be reopened.

Wife voiced concerns she would end up 'six feet under'

The three-day hearing heard evidence that before she disappeared, Ms Fulton had voiced concerns that she believed her husband was going to murder her and she would end up "six feet under".

On Wednesday an ex-partner of Mr Fulton told the inquest he had told her Ms Fulton had been murdered by notorious serial killers David and Catherine Birnie. 

She also described Mr Fulton as "evil", "extremely dishonest" and "very deceitful".

Mr Fulton's ex-partner told the hearing he had claimed Ms Fulton was killed by David Birnie (pictured) and his wife Catherine Birnie.  (ABC TV)

Friends also told the inquest Ms Fulton idolised her four children and she never would have left without them.

Her daughter and three sons provided emotional statements to the inquest about the impact their mother's disappearance had on their lives.

Her daughter said she could not remember her life when her mother existed, while her youngest son, who was only three when she vanished, said while growing up he blamed himself for what happened.

At the conclusion of the inquest, Ms Linton said she was "satisfied beyond reasonable doubt" that Sharon Fulton died on or about March 18, 1986. However, she said at this stage it would not be possible to determine her cause of death.

Ms Linton said she would hand down more comprehensive written findings later this year.

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