The case of the "brutal" death of a woman whose body was found in a burnt out unit has highlighted a problem in Tasmanian law, with a coroner saying she is "limited" in the findings she can make — with the government now saying it is "open" to making changes to legislation.
Warning: This story contains details which may cause distress.
Michelle Meades, 51, died in September 2016 at the Clarendon Vale unit of a man she was buying drugs from.
Coroner Olivia McTaggart said the cause of Ms Meades's death was blunt force head injuries, stab wounds from nail scissors to the neck and gagging, but that she was unable to determine who was responsible for inflicting the force that caused death.
Three people were charged over Ms Meades's death — Kylie Jane Hack, Danny Andrew Graham and Gary Matthews.
Kylie Hack pleaded guilty to manslaughter and perverting justice, and was sentenced to eight and a half years' jail.
Mr Graham pleaded guilty to being an accessory to murder and failing to report a killing. He was sentenced to five years and nine months' jail.
Mr Matthews was charged with being an accessory after the fact to murder and failing to report a killing. In June 2021, the charges against him were dropped.
"There are significant conflicting facts in the two sentencing proceedings: the sentence of Ms Hack in pleading guilty to manslaughter being based upon Mr Matthews and/or Mr Graham inflicting the most lethal violence upon Ms Meades, whilst Mr Graham's sentence involved the fact of Ms Hack alone inflicting all of the violence upon Ms Meades," Ms McTaggart said.
"Ordinarily, the coroner's role would be, in determining how death occurred, which individual or individuals were responsible for inflicting the force that caused death and the consequences of the particular actions.
"However, in this case, I must not make a finding that is 'inconsistent with the determination of the matter by the result of the criminal proceedings', as required by [the Coroners] Act.
"The meaning of this poorly drafted provision is difficult to ascertain. However, in light of the two convictions, it is likely that I would infringe this prohibition if I sought to investigate further the actions of the persons present at the time of Ms Meades's death.
"The cause of her death itself is clear, and, given the limitation imposed by the Act, it is inappropriate to make further findings or to hold a public inquest."
Australian Lawyers Alliance criminal justice spokesman Greg Barns SC said Ms McTaggart was "quite right to point out that the coroners legislation in Tasmania is very poorly drafted when it comes to the issue of what findings, if any, a coroner can make about a death where there have been criminal proceedings previously".
"It's a very significant comment coming from a very experienced coroner … It's really incumbent upon the Attorney-General to take heed of what is being said by [coroner] McTaggart and make sure that the legislation is amended to make it clearer what the powers of a coroner are in relation to reopening an inquest or [making] findings in the context of there having been a decision by the criminal courts," Mr Barns said.
"It is the case right across Australia that coroners are reluctant to make findings that are inconsistent with findings at a criminal trial; however, there is scope to do it in certain circumstances.
"But in Tasmania … it seems to be that there's a blanket ban."
Attorney-General Elise Archer said she had asked the Justice Department to review the relevant section of the Coroners Act and provide advice about whether an amendment might be required.
"Our government is always open to reviewing legislation, particularly if greater consistency or clarification are identified," Ms Archer said.
Stabbed 20 times, beaten with golf putter
Ms McTaggart said there were some common facts that came from the court cases of Hack and Graham.
She said Ms Meades caught a taxi from Kingston to Gary Matthews' Clarendon Vale unit to purchase the drug ice from Mr Mathews, someone she had bought ice from before.
Ms Meades spent some time at the unit, where Danny Andrew Graham was also staying, then left at 10:39pm to catch a bus back to Hobart.
"Ms Meades missed the bus and tried to make her way back to Mr Matthews' unit. She became upset and spoke to various people asking for directions," Ms McTaggart said.
Ms McTaggart said Ms Meades returned to the unit at 11:54pm. She said Mr Matthews returned at 12:10am and accused Ms Meades of telling people she had been "ripped off" in a drug deal. Ms McTaggart said Ms Meades denied she had been complaining to others.
At 12:13am, Kylie Jane Hack arrived at the unit.
Ms McTaggart said Hack accused Ms Meades of referring to Mr Matthews and Graham as "junkie dogs", which Ms Meades denied.
"Mr Matthews told Ms Hack to teach Ms Meades a lesson to 'put a bit of fear into her'," Ms McTaggart said.
"He then made a comment to the effect of, 'go, Kylie, hit her Kylie, hit her Kylie'.
"Ms Hack was, at the time, under the influence of drugs. Ms Meades, who was sitting on the couch, was extremely frightened and called out 'no' multiple times."
Ms McTaggart said Hack punched Ms Meades twice in the head and the two women ended up on the floor where the violence continued.
"After the initial violence perpetrated by Ms Hack, a further violent attack upon Ms Meades followed, during which she was stabbed 20 times in the right side of the neck with nail scissors and hit forcefully over the back of her head with a golf putter," she said.
"She was assaulted in this manner until she was dead. At some time during the attack, possibly when she was unconscious, Ms Meades was also gagged."
It was several days before police found Ms Meades's body, which had been hidden in a wardrobe at the unit, which had been set on fire.
