Beach death trial to stay in coffs harbour 20170331 p5vdnx.html – Breaking News & Latest Updates 2026
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Beach death trial to stay in Coffs Harbour

AAP

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The man accused of killing Lynette Daley has lost his bid to have his trial venue moved to Sydney despite fears for his safety after he was accosted, harassed and assaulted following an earlier hearing.

In his application for his trial to be moved from Coffs Harbour, Adrian Attwater also cited 75 pages of derogatory public Facebook posts over a seven-month period.

Attwater has pleaded not guilty to aggravated sexual assault and the manslaughter of Ms Daley, 33, on January 27, 2011 at Illuka Beach in northern NSW.

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Paul Maris has pleaded not guilty to aggravated sexual assault and being an accessory after the fact to manslaughter.

Their trial is due to begin in Coffs Harbour on July 24.

In the NSW Supreme Court on Friday, Justice Megan Latham dismissed Attwater's application to change venue.

As well as citing risks to his personal safety, Attwater contended he couldn't get a fair or unprejudiced trial in Coffs Harbour because of the increased publicity in the area.

Before the men first appeared in Grafton Local Court on August 2, 2016, a Facebook post informed the public of the date.

"A large crowd of persons said to be supporters of the deceased and her family accosted, harassed and assaulted the applicant and his solicitor as they attempted to leave," said Justice Latham who was shown footage of the incident.

"The bare description of what occurred does not adequately convey the venom of the insults that were shouted at the applicant or the degree of hostility exhibited towards him."

Justice Latham concluded that Attwater's safety concerns were capable of being addressed by the security arrangements at Coffs Harbour courthouse, in addition to any directions from the trial judge.

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She also rejected the contention that there had been a greater volume of prejudicial publicity in the north coast region, finding "on the whole" it had been entirely accurate.

The Crown, which opposed the application, intends calling 30 witnesses, 21 of whom live in the north coast region.

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