William’s disappearance from his foster grandmother’s home on the NSW Mid North Coast in September 2014 is the subject of an inquest before the NSW Coroner’s Court.

The long-running inquest, before Deputy State Coroner Harriet Grahame, has resumed and is due to conclude following a final block of hearings.

The inquest is examining a police theory that William died in an accidental fall and that his foster mother dumped his body in nearby bush.

It is an allegation which has been persistently and vehemently denied by the adoptive mother.

“no proof”

The long-running inquiry lasted 18 months before concluding in October 2020, with Ms Grahame’s findings due in June 2021.

However, the evidence was reopened due to a new police theory that William died in an accidental fall from a balcony at his foster grandmother’s home.

It was also alleged that his foster mother – fearing another child might be taken from her care – decided to cover up the incident and dump his body in Bushland at the intersection of Cobb and Co Road and Batar Creek Rd.

The adoptive mother denied the allegation.

Ms Grahame told the court on Tuesday: “I pause to say that there is actually no evidence that anyone was seen placing a body here or anywhere else.”

The coroner made the comments as he explained his decision not to call evidence from an invasive species researcher.

The court heard Professor Jon Olley, who was at the scene of the recent forensic dig around Kendall in November 2021, emailed a wildlife expert from the Department for Primary Industries asking if the bones could have been taken or disturbed by wild animals.

The expert, Dr Paul Meek, will not be called as a witness, the court heard.

Ms Grahame said she accepted there were dogs in the Kendall area.

BONES

William was three years and three months old when he disappeared without a trace.

No forensic evidence pointing to his fate has been discovered by police over the past decade, the court said.

Seven years after she disappeared, anthropologist Dr Jennifer Menzies was asked by Strike Force Rosann to provide advice on the possible decay of the bones and skeletal remains.

The court was told on Tuesday that, in response to a series of questions, she told detectives: “I cannot say with certainty whether his remains are likely to be preserved or not.

“I did not visit the deposition site.”

She said several variables affected whether his bones would have been preserved, including soil acidity and microenvironment, temperature and whether they were collected by scavengers.

She told the court that the remains of a small adult could have survived on the ground in cold temperatures in Australian conditions for seven years.

CORPSE DOGS

The investigation focused on a police search in and around Kendall in late 2021, which was centered on the corner of Cobb and Co Road and Batar Creek Rd.

That intersection is about 1 km, or a two-minute drive, from William’s adoptive grandmother’s house.

According to a police theory, William died in an accidental fall and his body was dumped in the brush at the intersection by his adoptive mother.

It’s a theory that was strongly denied by the adoptive mother.

Senior Constable Matthew Gates, from the NSW Police Dog Unit, told the court that on September 13, 2014 – a day after William’s disappearance – he was involved in a search in Kendall along Batar Creek Rd to intersection of Cobb and Co Rd.

He told the court he was also involved in dense bush in the following days and said the area would have been impossible for a three-year-old to navigate.

Senior Constable Adam Aitken is also part of the NSW Police Dog Team and works with cadaver dogs.

He was involved in a search for Kendall, along with his dog Digger, on September 15, 2014.

The court was told on Tuesday that the September 15 search did not take place in the area around the intersection of Cobb and Co Rd and Batar Creek Rd.

He said he was involved in a thorough search for Kendall several times in the following years.

“The dog is off lead, we allow the dogs to work, we watch at the same time, the dog is working 20 to 30 meters in front of me,” Sen Con Aitken said.

The court heard that in Sen Con Aitken’s experience, search dogs can detect bodies from up to 70 meters away.

“just bothered”

Before proceedings began on Tuesday morning, counsel assisting the court Gerard Craddock SC told the court that as the foster mother was leaving court on Monday, “someone started abusing her”.

The court was also told the person is also believed to have used the female nanny’s name.

The woman cannot be named or identified publicly because of a non-publication order and any breach could be in contempt of court.

“Obviously there’s no place for that in a proper society at all,” Mr Craddock said.

“It is particularly unfortunate in the circumstances of this case.”

He asked Ms Grahame to remind those seated in the public gallery that fairness is afforded to all before the court.

“I’m very, very disappointed, Mr. Craddock, to hear that,” said Mrs. Grahame.

“This kind of behavior shouldn’t happen… I’m just disturbed by this kind of behavior.”

THE SEARCH

The police theory prompted a new forensic search around Kendall, including the intersection of Batar Creek Rd and Cobb and Co Rd, in late 2021.

“It goes beyond any argument now that William Tyrrell has not been found,” counsel for Gerard Craddock told the court on Monday.

“It is beyond dispute that no forensic evidence was found at 48 Benaroon Drive or anywhere else that would provide a clue to William’s disappearance.”

Police and volunteers sifted through leaf litter and soil by hand during the search, as well as draining creeks and looking for any sign of William with cadaver dogs.

Professor Jon Olley, an expert in water science, was brought in by NSW Police as a consultant during the dig, and has also been involved in the search for Daniel Morcombe and other high-profile missing persons cases.

He told the court the search was “extremely thorough”.

Professor Olley told the court that a polyester suit similar to the Spider-Man outfit William was wearing on the day he disappeared would have taken centuries to degrade.

“The estimate is hundreds of years,” Professor Olley said.

The court was told no traces of William were found, but the search turned up animal bones, including kangaroo limbs.

The court was told Professor Olley also emailed a wildlife expert from the Department for Primary Industries asking if bones from feral pigs and dogs could have been taken.

He said the expert answered “absolutely”.

Professor Olley said if William had been thrown into a creek around the search area, his body would have been caught in one of the dykes.

ACCIDENTAL FALL

The court was told police believe William died in an accidental fall and his foster mother dumped his body in nearby bushland on the corner of Batar Creek Rd and Cobb and Co Rd.

Mr Craddock SC told the court that according to the police theory, the foster mother then returned to her mother’s Benaroon Drive home and called triple 0.

“Police say (the foster mother) must have quickly decided that if Williams’ accidental death was discovered, she could lose (another foster child in her care),” he said.

He said police further theorized that the foster mother: “drove her mother’s car down Batar Creek Road and placed William’s body somewhere in the brush.”

The foster mother has continually denied any knowledge of William’s whereabouts or any wrongdoing.

The court was told the inquest will hear evidence from a truck driver who was driving in the vicinity of Batar Creek Rd and Cobb and Co Rd on September 12, 2014.

The foster mother’s evidence to the NSW Crime Commission will also be presented in court.

Mr Craddock also noted that police theories could be wrong.

“A coroner cannot act on the express belief of a police investigator.”

The hearing continues.

Originally published as ‘No Evidence’ William Tyrrell Dropped: Coroner