Leisl Smith murder trial ends without a verdict after accused killer takes his own life - Sydney Morning Herald

It was meant to be the day that Leisl Smith’s family finally got answers. Instead, as they left court on Friday, they were left with only heartache.

Leisl, 23, was last seen getting into a car at Tuggerah on the NSW Central Coast on the afternoon of August 19, 2012.

Leisl Smith disappeared in 2012. Credit:NSW Police

Her ex-boyfriend James Scott Church, 53, was arrested in 2018 and accused of luring her into the car before murdering her and dumping her body in an unknown location. He pleaded not guilty.

After a 68-day murder trial in the NSW Supreme Court, Justice Elizabeth Fullerton was poised to deliver her verdict on Friday. The court notified Church’s lawyers several days earlier that he should attend.

The accused killer took his own life on Thursday meaning the verdict will never be delivered.

James Scott Church, pictured in February, took his own life the day before the verdict in his murder trial.Credit:Dylan Coker

Speaking on Friday, Justice Fullerton acknowledged Leisl’s family and friends, including her mother Sandi Harvey who attended each day of the trial and her father Storm Smith who gave evidence.

“Because of Mr Church’s death yesterday, which brought his trial to an end, I cannot announce my verdict today,” Justice Fullerton said.

Harvey sobbed as she heard that there would be no verdict.

Leisl Smith’s mother Sandi Harvey leaves court on Friday.Credit:Peter Rae

“I am conscious that for Ms Smith’s many friends and members of her family, many of whom gave evidence in the trial, some of whom are here today, and others who I understand are listening to the proceedings via (video), the fact that there can be no announcement of a verdict will be difficult to deal with,” the judge said.

Justice Fullerton said the law simply did not allow her to return a verdict, publicly announce it, or publish “the very lengthy reasons” she had prepared. She said she hoped Leisl’s loved ones understood this.

“The trial was conducted with every fairness to the accused,” she said. “I regret that the trial proceedings have concluded without verdict.”

Outside court, Leisl’s father Storm Smith said he believed his daughter was not dead, but had voluntarily disappeared 10 years ago.

Leisl’s father Storm Smith, pictured on Friday, believes she is still alive.Credit:Peter Rae

She had sent messages to him on Facebook and he saw her at a set of traffic lights in Windsor, he said.

“She’s alive,” he said, branding Church’s death “very sad” and saying he hoped the matter would be referred to the coroner. “I think she’d be very upset that Jim died. She was in love with him, and he was in love with her too.”

Twelve days before Leisl vanished, she shared a post on Facebook featuring two characters from Winnie the Pooh, with the caption, “Promise you won’t forget me?”

On Thursday evening, as her mother processed the news of Church’s death, she posted the image to thousands of supporters who had joined a Facebook group to find Leisl. She did not speak as she left court on Friday.

Prosecutors had alleged in the trial that Church scoped out remote locations he could use to dump a body in the days before Leisl vanished.

It was argued the motive for the murder was Leisl telling people she was pregnant to Church, and Church wanting to save his relationship with a new woman.

Church’s lawyers said it could not be ruled out that someone else was responsible for Leisl’s disappearance, including another ex-boyfriend or Leisl herself. They argued that prosecutors relied on conjecture and speculation to suggest their client had killed her.

In a statement on behalf of the Church family on Friday, his lawyer Manny Conditsis said it is “regrettable for both families involved that the matter could not proceed to a verdict”.

“There has been much speculation on social media about why Mr Church made the decision to take his own life. It is important to see the social media commentary for what it is - mere speculation, mostly from people who are not aware of all the facts,” Conditsis said.

“The fact of the matter is that Mr Church endured an ongoing police investigation for almost 10 years, six of those years prior to him being charged, and then experienced a very lengthy trial. That would take a heavy toll on any person.”

Conditsis said it is “deeply regrettable” that some media outlets had begun referring to his client as though he was guilty.

“In this case, there has not been a finding of guilt against Mr Church. He therefore retains the benefit of the presumption of innocence,” he said. “The family and loved ones of Mr Church are presently grieving his tragic loss and ask the media to respect their privacy at this very difficult time.”

Crisis support can be found at Lifeline: (13 11 14 and lifeline.org.au), the Suicide Call Back Service (1300 659 467 and suicidecallbackservice.org.au) and Beyond Blue (1300 22 4636 and beyondblue.org.au).

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2022-07-08 07:20:19Z
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