Greater than 20 years after teenager Hayley Dodd disappeared in WA, a convicted rapist accused of murdering her is going through a retrial.
Francis John Wark, 64, is going through a retrial within the WA Supreme Court docket, accused of murdering Hayley Dodd, 17, who disappeared in July 1999 whereas strolling alongside a regional highway close to Badgingarra, northeast of Perth.
It’s alleged Mr Wark kidnapped Hayley with a sexual intention, then murdered her.
An ankh earring – which allegedly was discovered within the seat cowl of his ute throughout a chilly case overview in 2013 and allegedly belonged to Hayley – is a central piece of proof within the case.
However defence counsel Darryl Ryan mentioned the earring didn’t belong to Hayley, including it was not distinctive or useful, and she or he was “actually not the one one” who had a pair.
Mr Ryan additionally mentioned it was implausible that the earring was initially neglected.
In her opening tackle, Director of Public Prosecutions Amanda Forrester famous Mr Wark had been convicted of sexually assaulting a lady he gave a elevate to in Queensland in June 2007.
That lady was repeatedly raped and crushed for hours till she managed to run to a neighbour and police have been referred to as, the court docket heard.
Mr Wark pleaded responsible to fees stemming from that crime.
Ms Forrester mentioned it confirmed Mr Wark had a “tendency to select up girls and violently sexually assault them”.
However Mr Ryan mentioned that incident was totally different to the present case.
He mentioned within the different case, Mr Wark had been consuming, as had the girl, and he had been smoking hashish.
Mr Ryan instructed the jury they might not assume Mr Wark was accountable for Hayley’s homicide simply because he dedicated the opposite crime.
Ms Forrester mentioned Hayley and her good friend have been embarking on what they hoped can be a working journey round Australia on the time of her disappearance.
“Importantly, Hayley was holding in contact along with her household, with whom she was very shut,” Ms Forrester mentioned.
Hayley’s mom had a closing dialog along with her, during which the teenager requested for cash, however Ms Dodd by no means heard from her daughter once more.
It’s the state’s case that Hayley died the subsequent day.
Ms Forrester mentioned Hayley had been making her solution to a property to shock some folks she had stayed with earlier than, however “she by no means bought there”.
“She had the misfortune to be on the fallacious place on the fallacious time,” Ms Forrester mentioned.
Hayley was 152cm tall and weighed about 40kg.
“She regarded younger for her 17 years,” Ms Forrester mentioned.
She mentioned Hayley resisted her attacker and left behind “tiny traces” of herself.
Hayley’s good friend turned involved when she didn’t arrive at her vacation spot and her mom additionally alerted police.
Mr Wark supplied police with an alibi, detailing his actions that day.
Gadgets have been seized from his car, together with a automotive cowl and a few vacuumings, though they have been securely saved slightly than totally examined on the time.
Hayley’s disappearance remained a thriller till police carried out a chilly case overview in 2013.
Ms Forrester mentioned it was “a bit of a breakthrough” when the earring was found within the automotive seat cowl, though there was no DNA recovered.
Hair was additionally discovered and specialists are anticipated to testify it was “extremely seemingly” the DNA might have come from Hayley.
Ms Forrester likened the circumstantial case to a jigsaw puzzle.
Mr Wark’s actions that day, together with journeys to a grocery store and butcher, are additionally anticipated to be a major half of the trial.
Mr Ryan mentioned there have been at all times two sides to each story.
He additionally famous that individuals’s “recollections fade with the passage of time”, whereas some witnesses had since died so their written statements couldn’t be questioned.
“He by no means noticed her, he had nothing to do along with her disappearance,” Mr Ryan mentioned.
“He had nothing to do with Hayley Dodd in any respect.”
Mr Ryan mentioned his shopper had an alibi and was not close to the spot the place Hayley was final seen on the related time.
He mentioned proof about timing can be essential to the case.
Attainable “subsequent sightings” of Hayley after the time she was allegedly kidnapped additionally created doubt about his shopper’s guilt, Mr Ryan mentioned.
Justice Stephen Corridor instructed the jury it was no secret the case was a retrial.
“It’s vital that you don’t speculate about that earlier trial,” he mentioned.
“It is a utterly new trial.
“The result of the earlier trial is irrelevant and can’t help you.”
The jury will likely be taken for a viewing of important locations in Moora and Badgingarra on Tuesday earlier than they start listening to proof on Wednesday.
The trial continues.