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June 20, 2024

Violent sex led to Maclean woman’s death but no charges laid

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Lynette Daley, who died on a beach near Iluka after a violent sex scene with two men the DPP refuses to prosecute. Photo supplied
Lynette Daley, who died on a beach near Iluka after violent sex with two men the DPP refuses to prosecute. Photo supplied

The family of a north coast Aboriginal woman have accused the NSW Director of Public Prosecutions (DPP) of racism in its refusal to prosecute two men over the violent sexual assault that ended in her death.

As revealed in ABC’s Four Corners program last night, 33-year-old mother of seven Lynette Daley died following violent sex with two Caucasian males who took her on a ‘camping trip’ to deserted Ten Mile Beach, near Iluka, on Australia Day eve 2011.

Following a police investigation, two men were charged: Adrian Attwater (who claimed to be her boyfriend) with manslaughter, and his friend Paul Maris with manslaughter accessory after the fact.

An autopsy found Ms Daley had died from ‘blunt force genital tract trauma’ and Mr Attwater admitted to police he had used his fist during the act.

Forensic pathologists said Ms Daley’s blood alcohol concentration was a ‘dangerously high’ 0.352, which is potentially lethal and would have made her incapable to consenting to sex and likely unconscious.

According to other media, she was also found to have taken methylamphetamine.

Mr Maris told police that after the encounter in the back of the vehicle the men burned a blood-soaked mattress and some of Ms Daley’s clothes before police arrived at the scene.

But the DPP has twice refused to prosecute the pair, citing lack of sufficient evidence to obtain a conviction, despite the investigating police and the NSW coroner urging him to do so.

Ms Daley’s shocked family appealed for a suppression order to be lifted so that the details could be revealed in the media.

Her stepfather Gordon Davis told the program, ‘She was just a statistic with the DPP … just another Indigenous girl, we’ll sweep it under the carpet. You know, they’re a dime a dozen, this happens all the time, we’ll let it go.’

‘I was wondering, if it would’ve been two Aboriginal boys had done that to a white girl, I reckon they’d be still in jail, Mr Davis said.

Four Corners commissioned Associate Professor Thalia Anthony, a law lecturer and expert in criminal law at the University of Technology Sydney, to re-examine the evidence.

She told the program, ‘I’ve read the findings of the coroner, the forensic reports, the autopsies, and they all seem to lead to the conclusion that there’s overwhelming evidence for a prosecution of manslaughter.

‘I’ve seen other cases with other victims with less evidence and there’s been prosecutions.”

Ms Anthony told the program Ms Daley’s case was ‘part of a larger pattern of Aboriginal women not being protected by the courts.’

‘It’s not a coincidence that she is an Aboriginal woman,’ she said.

Professor Marcia Langton told the program she was ‘appalled and outraged’ over the DPP’s decisions.

‘This case will remain in the public mind as one of those cases where justice hasn’t been done. And it will gain a certain infamy because it’s a denial of justice,’ Ms Langton said.

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  1. The 4 Corners episode was shocking! I felt sick watching it – especially when I’m sure I used to see the main perpetrator of the episode – in Byron Bay quite regularly, drinking alcohol and often talking rudely to me as I passed by. He was in a group situation (sometimes with aboriginal women) down on the track to the sand in front of First Sun caravan park – just above the beach in the late afternoons / evening.

    Used to walk my dog there regularly on sunset – dog has passed away, so it has been a while – probably more like 2 to 3 + years ago? – though his face and voice (and comments) on 4 corners seemed remarkably similar. I used to cringe as I walked past (only because my old dog couldn’t hop over or around the rocks), and sometimes I didn’t feel safe myself (and was worried for my dog) – as I even felt threatened passing by !

  2. These monsters, Attwater and Maris walk free? Lynette’s family suffers from PTSD of graphic images constantly being replayed over and over again about the sick way she was raped and murdered. The DPP are actually promoting the acts of the monsters by letting them off. The DPP are an embarrassment to Australia,and just seeing the pictures of monsters, Attwater and Maris is enough to infuriate all genuinely good people. The DPP’s decision is supported by very few…. yet these monsters walk free… who know’s where? certainly not Mclean, Grafton or Byron. Personally I would like to see them in front of a firing squad, or in the electric chair. People like Attwater and Maris should not be allowed to walk our streets, and now they are at large, waiting to mess up other peoples’ lives because the DPP were just to damned lazy to make the right decision. I wonder if there is a petition being circulated about this crime? Bringing justice to the aformentioned monsters, since there is no capital punishment, it should be mandatory that they are both given a life sentences, with NO protective custody, and no parole. I havent found any sort of petition about this and I am unaware as to how to generate one. I pray justice is served and Lynette’s family can live a somewhat more peaceful existence knowing these two assholes are behind bars!!!

    • Hi Louise,
      I was literally sick to the stomach and felt ill all day yesterday, still do every time I think about it, can only imagine how the parents of Lynette Daley feel – based on what transpired on 4 Corners on Monday night, it’s shameful and extraordinarily unbelievable these 2 disgusting human beings got away this crime.

      There is a petition on Change.org – the link is titled as follows Add your name now to Carolyn’s call for justice for this woman’s death:

  3. One justice should apply to all.
    Sadly it repeatedly does not. These guys should be in gaol. End of story.
    If she was a white woman they would be.

  4. My hear goes out to Lynettes family.

    I too am appalled and outraged. This should not be happening. These men must be prosecuted and brought to justice. This is a huge injustice to all women in Australian society,we must all stand together on this issue and request the DPP prosecute these sick excuses for men immediately.
    The police have done their job, The Grafton Magistrates court agreed. The Four corners programme has presented the facts along with independent legal advice. There is no way she was in a fit state to have consensual sex, let alone what was done to her, then there was the attempted cover up, potential evidence was tampered with,why would the DPP think there is insufficient evidence for a conviction?

  5. SHE WAS RAPED . Do not refer to it as sex , sex is consensual. It wasn’t “sex with two men”, he it was violent rape by two men.


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