The trial of a man accused of murdering his former girlfriend who vanished from the NSW Central Coast has been delayed again after a court was told of “grave revelations” relevant to the case.
Leisl Smith, then aged 23, was last seen leaving her home at Wallarah on August 19, 2012.
Her Honda Accord was found abandoned at Tuggerah railway station and CCTV captured her getting into a white ute before it drove away.
Ms Smith’s body has never been found and in 2018 her ex-boyfriend James Scott Church was arrested and charged with her alleged murder.
The 51-year-old has pleaded not guilty and a NSW Supreme Court judge-alone trial started on Monday.
Defence lawyer Manny Conditsis told the court the trial needed to be adjourned after a significant amount of material had either not been served on Mr Church or been served late.
The court heard a significant statement, made by the girlfriend of a man who worked with Mr Church, was served xjmtzywon him less than a month ago on Christmas Eve.
The court heard the woman had said she was told by her partner that Ms Smith’s body had been disposed of and it would not be found.
The court was also told that another man, who was related to Mr Church, had allegedly admitted to being involved in the disposal of Ms Smith’s body, but police had not been able to confirm the status of their investigation into the claims.
Justice Elizabeth Fullerton said Mr Church’s case had been before the courts for more than two years and his trial would be proceeding on February 1 with no further delays.
“The late service of that statement is extremely worrying … they’re pretty grave revelations,” Justice Fullerton said.
“The police ought be in no doubt that they now have a current pressing obligation to ensure that the Crown is fully appraised of what it needs in order to discharge its obligations to ensure Mr Church is tried fairly.
“This trial will proceed to verdict before me, whether or not the Crown is able to close what appear to be a number of swinging gates at this time.”
The trial continues.
