Any evidence police have gathered against William Tyrrell’s foster mother is finally to be presented to a coroner as the inquest into the toddler’s disappearance resumes.

More than five years after the inquest began, Assistant State Coroner Harriet Grahame will hear the final two weeks of evidence.

The hearing will cover the police theory that the three-year-old died in a crash at his adoptive grandmother’s home in Kendall, on the North Coast, in September 2014 before his adoptive mother disposed of his body.

The police have never publicly disclosed any significant evidence that she may be responsible, despite making their theory public by briefing the media.

Ever since Strike Force Rosann focused their attention on her adoptive mother more than three years ago, she has been asking them to release any evidence they have against her.

The woman, who cannot be identified for legal reasons, was never charged in William’s disappearance and has maintained her innocence.

Details of the police theory

Counsel Gerard Craddock SC’s opening speech on Monday explored the police theory about the foster mother’s movements at the time of the boy’s disappearance.

He said the theory was that she found him dead after he accidentally fell from a balcony.

“The police claim they must have quickly decided that if they discovered the accidental death, they could lose (custody of another child in their care),” he said.

“Police allege that in this state of mind she placed William in his mother’s car and, after alerting (a neighbor) of William’s disappearance, drove the mother’s car to Batar Creek Road and deposited William’s body somewhere in the bush and then went back (home) to 48 Benaroon Drive and called the police via triple-0.”

Mr Craddock said the coroner was required to consider the findings in relation to reliable evidence.

“A police officer’s belief can be right or wrong,” he said.

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

“The public has a right to know what the police found”

Newcastle University criminologist Xanthe Mallett, who has been following the case closely since William went missing 10 years ago, said the hearing would be an important moment in the long-running case.

“We will finally find out what evidence there is against the adoptive mother after years of rumors,” she said.

The strike force conducted an extensive search in and around Kendall based on their theory in 2021, but found nothing significant.

They then handed a brief of evidence to the Director of Public Prosecutions (DPP) last year seeking advice on whether there was enough evidence to charge William’s former foster mother with his disappearance.

But the DPP released a statement in May this year, saying NSW Police had asked the office to “suspend review” of the case until after the next set of coronial inquests took place.

Mr Craddock will work with NSW Police detectives to present the final two weeks of evidence.

The criminologist says charge the foster mother or leave her alone

Dr Mallett said it was time for NSW Police to “charge her or leave her alone”.

“People have a right to the presumption of innocence and that has been denied in this case by gossip and innuendo for years,” she said.

“If there is evidence that she was involved, then she should be charged, or the police should admit that there is not enough evidence to charge her.

In a statement to ABC late last year, the foster mother’s attorney urged prosecutors to “quickly determine” whether she will be charged.

“The adoptive mother and her legal representatives are demanding the disclosure of evidence that police suggest would form the basis of any criminal proceedings,” the statement said.

“To date, William’s body has never been found. The foster mother always had, and maintains, nothing to do with William’s disappearance.

“She is desperately urging the police to reopen their investigation to find out what happened to William.”

Hearings held over a period of 18 months

The coronial inquest previously held hearings for several weeks over an 18-month period, in which several other persons of interest were brought forward and they heard from dozens of witnesses.

Both William’s foster mother and foster father have previously testified at hearings and also sat in court to hear testimony from other witnesses.

Magistrate Grahame closed the inquest in 2020 and was due to deliver his findings the following year, but was then informed that police had another person of interest they were after.

This led to another set of hearings being scheduled this year, with the court sitting for five days this week and another five days in December.