Inquest into the death of Matthew John Leveson – Comprehensive Study Notes ( NSW State Coroner 2017 )

The inquest into the death of Matthew John Leveson concluded on 5 ext{ December }2017 by Magistrate Elaine Truscott in the State Coroner’s Court of New South Wales.
Key individuals included the deceased Matt Leveson, his partner Michael Atkins (acquitted of murder/manslaughter in 2009), the Leveson family, and various police and forensic experts.
The case revolved around Matt’s disappearance, the subsequent search for his remains, and determining the manner and cause of death.

A section 61 Certificate was used to protect Mr. Atkins from perjury charges for information leading to the recovery of Matt’s remains.
The Coroners Act mandates determining identity, date, place, and, if possible, manner and cause of death, while prohibiting identifying offenses in findings.
An induced statement from Atkins, obtained under indemnity, led to the discovery of remains but its content was not testable for truth in the inquest.

Matt disappeared on 23 ext{ September }2007. His car was found with a Bunnings receipt for a mattock, which Atkins was seen purchasing on CCTV.
Atkins was acquitted of Matt’s murder/manslaughter in October 2009. He later gave evidence at the resumed inquest under a s. 61 Certificate, where numerous lies were identified.
On 9 ext{–}11 ext{ November }2016, Atkins gave an induced statement about Matt’s burial location. Matt’s remains were recovered on 31 ext{ May }2017 from Royal National Park, Waterfall.
Findings were delivered on 5 ext{ December }2017, with open findings on manner and cause of death, and the place of death found to be Sydney.

Atkins provided multiple inconsistent accounts regarding Matt’s disappearance, drug use, and the purchase of a mattock, which were contradicted by CCTV, text messages, and witness testimonies.
The Leveson family’s persistence led to crucial evidence, including a listening-device recording where Atkins admitted lying about the mattock purchase.
Atkins suggested Matt’s death was an overdose, a claim that lacked conclusive forensic support.

Concerns were raised regarding initial police investigation, including failure to caution Atkins as a suspect, inadequate searches of the Cronulla garage, and delays in reviewing CCTV footage.
The Levesons’ efforts significantly aided the investigation, particularly in obtaining key recordings.

DNA analysis confirmed the remains were Matthew Leveson. However, forensic anthropologists identified missing bones and significant post-mortem/post-excavation damage.
Forensic pathologist Dr. Istvan Szentmariay concluded the cause of death could not be determined due to the state of the remains; no clear ante-mortem injuries were identified.
Toxicology analysis for GHB was inconclusive due to its post-mortem degradation and the skeletal nature of the remains, preventing a definitive link between GHB and death.
Overall, forensic evidence could not conclusively determine the cause or manner of death.

Atkins’ induced statement (November 2016) was crucial for locating the remains, but its content was not admissible for truth in the inquest due to it being obtained under inducement and indemnity.
The s. 61 Certificate protected Atkins’ inquest testimony from perjury prosecution, contingent on the recovery of remains.

Atkins directed police to a site in the Royal National Park. After extensive searches across thousands of square meters, Matt’s remains were discovered on 1 ext{ June }2017 near a cabbage palm tree, approximately 15 ext{ meters} from McKell Avenue.
The recovery involved careful excavation and sieving, but some bones were still missing or damaged due to degradation and excavation.

Identity: Matthew John Leveson.
Date of death: 23 ext{ September }2007.
Place of death: Sydney (updated from Cronulla due to discovery location).
Manner of death: Open finding.
Cause of death: Open finding.
The open findings reflected the lack of conclusive forensic evidence despite extensive investigations and Atkins’ credibility issues.

No recommendations under s. 82 of the Coroners Act 2009 were issued.
The Leveson family received official commendation for their perseverance and assistance to police.

The inquest highlighted the limitations of determining cause/manner of death when evidence is inconclusive, especially with degraded skeletal remains.
Atkins’ lies, though numerous, were deemed insufficient to establish his causal involvement in Matt’s death in the absence of independent evidence.
The case showcased the complex balance between truth-seeking (via induced statements) and legal protections (indemnity) for witnesses.
The final findings for manner and cause of death remained open, reflecting evidentiary gaps.