Lynette Daley’s sister Tina Daley arriving at Supreme Court in Coffs Harbour. Picture: AAP
Lynette Daley’s sister Tina Daley arriving at Supreme Court in Coffs Harbour. Picture: AAP

Lynette Daley death: Accused seen ‘acting sexually’

ONE of two men accused of raping a woman who later died from horrific internal injuries was seen acting sexually towards the alleged victim in a supermarket and its car park the evening before she was found dead.

The jury heard the accused was "dry humping" the alleged victim in a supermarket and then pulling her tracksuit pants down in the car park the evening before she was found dead.

Two shop assistants at Foodworks Iluka, in northern NSW, said they saw a man pull Lynette Daley's pants down twice as the pair packed groceries into the back of a white troop carrier.

Shop assistant Karen Collett, 51, said the man and woman both seemed extremely drunk.

"On the first occasion she pulled them back up and on the second occasion she was a little slower," Ms Collett said.

She said the second time the man pulled Ms Daley's pants down to her knees she turned around and yelled out, 'did anyone want a piece of this?"

Paul Maris, 47, and Adrian Attwater, 42, are on trial in relation to the alleged sexual assault and death of the 33-year-old mother of seven who bled to death on an isolated beach on January 27, 2011.

Attwater, 42, has pleaded not guilty to the rape and manslaughter of Ms Daley.

Maris has pleaded not guilty to aggravated sexual assault in company and hindering the discovery of evidence by burning a bloodied foam mattress.

The trial heard evidence from four people who saw the three at the Iluka shops the previous evening and all said Daley was extreme drunk and wearing only a bra and tracksuit pants.

Peter Gallagher, 58, who was a fishing mate of Maris, said he had a brief conversation with the trio.

Co-accused Adrian Attwater arrives at the Supreme Court in Coffs Harbour today. Picture: AAP
Co-accused Adrian Attwater arrives at the Supreme Court in Coffs Harbour today. Picture: AAP

Mr Gallagher told the court he saw Attwater and Ms Daley sitting in the troop carrier while Maris talked on the phone nearby.

He said Attwater told him they were, "going up the beach, camping, fishing and getting on the piss."

Mr Gallagher said Attwater told him they were going to sleep in the back of the vehicle.

"I said, 'what all three of youse?' He said, 'yep she is a trooper,' and tapped her leg and at the same time he gave me a bit of a wink."


Defence barrister for Attwater Nathan Steel asked Mr Gallagher why he did not tell police that in his first statement.

"I suggest that the reason why you didn't say anything is because it never happened."

"It did," he replied.

Paul Maris leaves the Supreme Court in Coffs Harbour. Picture: AAP
Paul Maris leaves the Supreme Court in Coffs Harbour. Picture: AAP

Another man, Brian Newton, 80, said he was leaving the Foodworks car park when the troop carrier pulled up.

He said the driver of the troop carrier said to him, "Hey mate, can I see you for a minute?' and then the other man said, "can you drop this thing down the road for us please?"

"He was obviously referring to the lady in between them," he said.

Lynette Daley’s stepfather Gordon Davis (left) and father Hector Daley. Picture: AAP
Lynette Daley’s stepfather Gordon Davis (left) and father Hector Daley. Picture: AAP

"She looked very, very intoxicated or otherwise she didn't really know where she was."

The Crown case is Attwater caused Ms Daley serious internal injury, while all three were having group sex, which led to her bleeding to death.

The Crown claims Ms Daley had a blood-alcohol content of up to 0.354 and would have been too intoxicated to consent to the sexual activity.

The defence case is Ms Daley consented to the sex and never complained about the serious injury.

Lynette Daley, whose body was found naked and bloodied on Ten Mile Beach in northern NSW in January 2011.
Lynette Daley, whose body was found naked and bloodied on Ten Mile Beach in northern NSW in January 2011. contributed

Mr Steel said Attwater did not know how badly he had hurt Ms Daley until the next morning when she collapsed in the ocean and died soon afterwards.

Earlier in the day, Ms Daley's sister younger Tina Daley told that court the last time she saw Lynette was the day before she died, when she stumbled out of a four-wheel drive while Adrian Attwater and Paul Maris waited inside it. Ms Daley smelled of alcohol and seemed drunk.

It was about 5am on Australia Day 2011.

"She asked me if I wanted to go camping with her," Tina Daley told the jury. "I said I'll get a babysitter for my daughter. "She said she'll be back in the afternoon to pick me up."

Crown prosecutor Philip Strickland asked if Ms Daley ever came back. "No," her sister said.

The trial continues.

News Corp Australia


Coastal stunner going up for auction

premium_icon Coastal stunner going up for auction

New four-bedroom home boasts smart butler pantry

Help a firey by hooking a fish or two at fishing classic

Help a firey by hooking a fish or two at fishing classic

Help the rural fireys by sinking a line at Elliott Heads

Local Partners