Inquest into the death of Matthew John Leveson - Bullet Notes

This document outlines the Inquest into Matthew John Leveson's death, conducted by the State Coroner's Court of New South Wales.

Key Facts about Matthew Leveson

• Born $12\ December\ 1986$, died $23\ September\ 2007$, aged $20$.

• Lived in a de facto relationship with Michael Atkins in Cronulla.

• Well-liked, openly gay, received family support, worked at a call centre.

Key People

• Michael Atkins: Matthew's partner, $25$ years his senior, worked as an electrician and security guard.

Timeline of Key Events

• Matt and Atkins were involved in a social/drug-using lifestyle (MDMA, GHB), reportedly selling drugs.

• They left ARQ nightclub between $2:15\text{am}$ and $2:30\text{am}$ on $Sun\ 23\ Sept\ 2007$. CCTV showed them together.

• Last known contact from Matt (a text to John Burns) was at $3:31\text{am}$ that morning.

• Matt was reported missing on $Tue\ 25\ Sept\ 2007$. Atkins attended the police station with Matt's parents and gave inconsistent statements, claiming a "tiff" and that Matt had gone out with friends.

• On $27\ Sept\ 2007$, Matt's car was found empty at Waratah Oval, containing a Bunnings receipt for a mattock and duct tape dated $12:20\text{pm}$ on $Sun\ 23\ Sept\ 2007$. CCTV confirmed Atkins purchased these items.

• Atkins was charged with Matt's murder in August $2008$ but acquitted in October $2009$. He did not testify at his trial.

• In November $2016$, Atkins testified at the inquest under a s. 61 Certificate and later gave an induced police statement revealing Matt's burial location.

• Matt's remains were recovered from the Royal National Park, Waterfall, on $31\ May\ 2017$.

The Inquest Process and Legal Framework

• Operated under the Coroners Act 2009 (NSW) to determine the manner and cause of death.

• The inquest resumed multiple times, after initial suspension due to Atkins' trial.

• Atkins' induced statement under a s. 61 Certificate and indemnity meant it could not be used as evidence for prosecution.

Forensic Analyses and Findings

• Remains identified via DNA by Dr. Donlon on $2\ June\ 2017$.

• A clear cause or manner of death could not be determined due to severe post-mortem changes, missing soft tissue, and bones (e.g., hyoid, xiphoid). Most observed injuries were likely post-mortem.

• Forensic toxicology (Prof. Olaf Drummer) on GHB could not confirm Matt's use due to rapid degradation, discovery delay, and only skeletal remains being found.

Recovery of Matt's Remains and Aftermath

• The recovery involved excavation, sieving, and yielded bone and fabric fragments; some damage was attributed to heavy machinery during the search.

Conclusions and Findings of the Coroner

• The coroner acknowledged Atkins' lies and concealment but found insufficient independent objective evidence to conclude Atkins caused Matt's death.

• An "open finding" was deemed appropriate regarding the manner and cause of death due to evidentiary constraints.

• No referral to the Director of Public Prosecutions (DPP) was warranted, as Atkins had already been acquitted, and no new, compelling evidence for a retrial was found.

• Atkins' indemnity protected him from perjury charges regarding his inquest evidence, provided it led to the recovery of Matt's remains, preventing its use against him in prosecution.