Man charged with murder over wife's kayak drowning death claims pair not wearing life jackets as they were ‘eaten by rats', court told
Jacqueline Davidson, 54, could not be revived after she drowned while kayaking with her husband Graeme Davidson on Lake Samsonvale, near Forgan Cove in Queensland's Moreton Bay region, on November 27, 2020.
Following a protracted police investigation, Mr Davidson, 55, was arrested earlier this year while visiting from Thailand – where he now lives – and was charged with her murder.
He is also facing charges of fraud and attempted fraud, which relate to allegations of trying to claim more than $1m in life insurance after his wife's death, including a sum which was not paid out.
During a bail application at Brisbane Supreme Court on Thursday, defence barrister Craig Eberhardt KC said there was no evidence Jacqueline had been 'violently assaulted' in any way.
While there were some minor bruises, these were consistent with CPR attempts and Mr Davidson's attempts to recover his wife's body, the court was told.
Through an affidavit filed to the court, Mr Davidson described how he and his wife were '10m apart' on the water when he attempted to 'show off' by standing up on his kayak.
'Jacqueline became distressed about that and used the 'safe word' … designed to let him know that she was concerned about what he was doing,' Mr Eberhardt read from the court document.
The court was told Mr Davidson saw his wife 'fall off the kayak' and he went into the water to find her – but could not see because the water was 'murky' and full of grass weeds.
'He managed to find her after some period of time, and he dragged her out,' Mr Eberhardt said.
Mr Eberhardt said his client attempted to revive her and frantically yelled to get the attention of bystanders, one of whom called an ambulance.
According to Mr Davidson's statement, the pair were not wearing life jackets because they had been 'eaten by rats' at their house in Bondi before they moved back to Queensland.
'There's evidence to that effect in a statement of (a woman) … she had been told prior to the death that the life jackets had been eaten by rats,' Mr Eberhardt said.
After Mr Davidson's arrest, police said they would allege in court the relationship between the army major and his wife was breaking down.
Mr Eberhardt told the court Ms Davidson had discovered her husband was having an affair with a woman in Papua New Guinea in 2019.
He said the discovery caused significant matrimonial upset between the pair but Mr Davidson was 'committed' to staying in the relationship.
There was no evidence of domestic violence between the pair.
Addressing the allegations surrounding his client's life insurance claims, Mr Eberhardt said mutual policies were taken out by the Davidsons in favour of each other in mid-2020.
'There is no evidence the setting up of the insurance policies was the applicant's idea,' he said.
Mr Davidson sought access to his wife's life insurance after her death but Mr Eberhardt said this was 'unremarkable' and would have been more suspicious if he had not accessed it.
The court was told Mr Davidson was captured on CCTV burning 'a small number of documents' in the backyard of his home – done while one of his children was home – but this was 'not evidence of anything' as no-one knew what the documents contained.
Mr Eberhardt said his client had also purchased a new car after Jacqueline's death, but submitted this had been done following discussions for some time.
'The gloss … put on this evidence simply isn't there, when you look at the actual statements,' Mr Eberhardt said.
The bail application will resume on Friday.
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News.com.au
28 minutes ago
- News.com.au
New campaign for probe into 2012 death of gold prospector Bruce Schuler
Serious concerns linger over the evidence used to convict a husband and wife of murder on a remote Queensland property 13 years ago, as they face dying behind bars. Dianne Wilson-Struber and Stephen Struber were found guilty at trial of killing gold prospector Bruce Schuler, 48, at the couple's giant Cape York leasehold in July 2012. Mr Schuler's body has never been found, but police alleged in a circumstantial case that he was shot dead by the Strubers before they hid his remains. Both Dianne and Stephen maintain they had nothing to do with Mr Schuler's disappearance and their case led to the introduction of 'no body, no parole' laws in the Sunshine State. Retired detective Graeme Crowley, who wrote a book and made a podcast about the investigation and trial, said 140 'discrepancies' he has identified led him to believe the wrong people might be in jail. 'There are there are serious concerns with the investigation, there are serious concerns with the evidence, there are serious concerns with the way the prosecutor presented the evidence,' he told 'So if you accept any or all of those, then likely they didn't commit this murder.' Family of Ms Wilson-Struber in March launched a petition to the Queensland government for a long-awaited inquest to be held into Mr Schuler's disappearance. Petition author Sharon Ferguson wrote that the inquest would enable legal teams currently investigating the case to test evidence brought against her sister, Dianne. But Mr Schuler's widower, Fiona Splitt, has condemned the campaign and says the only mystery is the location of her husband's body. No body, no weapons Mr Schuler disappeared from Palmerville Station, a property twice the size of Singapore, after camping there overnight with his dog Red and three prospecting friends on July 8, 2012. They did not have permission to be on the land, and the Queensland Supreme Court heard Struber had confronted one of the party for trespassing a week earlier. On the morning of July 9, Mr Schuler's companions reported hearing two gunshots ring out 10 to 15 minutes apart coming from the direction he was last seen. They later gave evidence at trial of seeing a car belonging to the Strubers driving toward a key crime scene. After searching for Mr Schuler, his friends reported him missing to police that night. Police arrived the next morning to conduct a wide-ranging land, water and air search, and executed a search warrant at the Schuler's home. Officers discovered three of the Strubers' large array of guns – two .22 calibre rifles and a .357 magnum – were missing, and the couple was arrested for questioning. They were not charged with Mr Schuler's murder until October 30, 2012, without police finding the Mareeba man's remains. 'There's no body, there's no cause of death, the witnesses didn't see Bruce Schuler shot, they didn't see him carried away,' Mr Crowley said. 'All they heard was two gunshots. And from there, the police concluded he was murdered.' The evidence What police did find during the searches of Palmerville Station was tyre marks in cow pats and burnt patches of grass near where Mr Schuler was reportedly last seen. There were two pieces of twine containing his DNA and spent projectiles found in bloodstained glass. Mr Schuler's DNA was also located on a bloodstained leaf, a white film canister, and four partially burnt matches. Forensic officers noted damaged trees and a broken termite mound consistent with recent vehicle contact, which they said showed marks matching Mr Struber's vehicle. Police later established that Wilson-Struber made an anonymous call to the Palmerville Station homestead from a payphone in Mareeba three days after Mr Schuler disappeared. She advised the officer who answered that the police were looking in the wrong spot and that they should be looking '12-15km east'. At trial, Struber stated he and his wife had spent the day of July 9, 2012 repairing a loader and were not in the area where shots were reported. 'We weren't there,' he said. A jury rejected this claim, after deliberating for just four hours, and Justice Jim Henry sentenced them both to life in prison. The couple's subsequent appeals over their convictions also failed. Ms Splitt's campaigning led to the introduction of 'no body, no parole' laws in Queensland in 2017, after more than 8000 people signed her petition. The U-turn One of the key 'discrepancies' Mr Crowley zeroed in on during his research is what witnesses said about a four-wheel-drive seen at the time shots were reported. It was alleged at trial that after first being shot at, Mr Schuler ran up a steep gully toward a secondary crime scene. The Strubers were said to have driven their car from where the first shot was fired 200m away to the second site where the blood and burnt patches were found. 'But all three prospectors told the police after the first shot, the car drove about somewhere between 20 and 50m,' Mr Crowley said. 'When it got the trial, the jury didn't hear that.' Mr Crowley said the prosecutor instead put to the witnesses that the car was seen heading in a northerly direction, toward crime scene two, to which they agreed. He said this 'one of the most important, disturbing, significant discrepancies' in the case. 'Because how do you murder someone … how do you put a body on the trail of the ute … if the ute does not go to the crime scene?' A new campaign Ms Ferguson is firm in her belief that her sister, Wilson-Struber, is innocent. She described her sister as a 'happy, caring, loving person' before the incident that changed their family – who had been in possession of Palmerville since the 1960s – forever. 'She cared about people, animals. She enjoyed her lifestyle on the property because she grew up on that property, and it was just part of her life.' Ms Ferguson's petition calling for an inquest to finally be held into the matter gained more than 5000 signatures, and is due to be introduced to parliament in August. A coroner handed down non-inquest findings in 2016, following the Strubers' convictions and based on police material and evidence heard at trial. 'I was very disappointed with that,' Ms Ferguson said. 'I think if they would have done a proper coronial inquest in the first place, maybe they would've been a lot more answers. 'The ultimate, result for me would be that we find out what really happened to Bruce Schuler, where his body may be. 'So his family can have closure and the right people who committed this crime can be incarcerated for what they did.' Ms Ferguson said a new legal team had been engaged to prepare a fresh court appeal, which could be heard in November. Ms Splitt recently told the Cairns Post that the latest wave of attention on the case had taken a toll on her family. Although she has also wanted an inquest to be held, she rejected the assertion that the petition was also aimed at supporting Bruce. 'The insensitive comments and things that people say on social media and calls for an inquest take an immense mental and emotional toll … and it is hurting my family and Bruce's family,' she said. 'We have trusted the legal process throughout this entire ordeal, and we trust that the authorities will continue their investigation based on the facts, evidence, and proper legal procedure. 'We are confident that the truth will prevail if we continue to focus on the facts and not get sidetracked by distractions.'
The Advertiser
6 hours ago
- The Advertiser
Elderly man charged with murder after woman's stabbing
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Emergency crews were called to a residential unit in Patricia Street, Mays Hill, in the city's inner west, in the early hours of Saturday following reports a man in his 20s had sustained serious injuries. He was located and treated at the scene by paramedics for an apparent life-threatening knife wound to the torso before being taken to Westmead Hospital. Police said a second man of similar age was found nearby with a wound to his arm. He was also transported to Westmead. It is understood the pair and others at the address were known to each other. The Coleraine incident comes days after an Australia-first knife ban targeting young offenders. Victorian parents were urged on Thursday to hand in their children's machetes and knives at police amnesty posts. A total of 45 stations across the state will host disposal bins set up for the three-month initiative. Carrying one of the deadly, long and broad-bladed knives is outlawed, while a sales ban with some exemptions is already operating. 1800 RESPECT (1800 737 732) Lifeline 13 11 14 Men's Referral Service 1300 766 491 An elderly man has been charged with the murder of a woman, while another man in his 20s is fighting for life following separate overnight stabbing attacks across two states. Homicide Squad detectives were investigating an attack on an elderly woman who was found fatally injured at a house in Coleraine, about 35km from Hamilton, in Victoria's southwest. Local officers found the 81-year-old woman alive shortly after 1am on Saturday, but she died at the scene. Police arrested and interviewed an 81-year-old Coleraine man who was known to the victim before charging him with murder on Saturday evening. He has been remanded in custody and will face the Warrnambool Magistrates Court on Monday. In a separate incident, two men were also stabbed at a house gathering in Sydney's west overnight, one of them suffering critical wounds. Emergency crews were called to a residential unit in Patricia Street, Mays Hill, in the city's inner west, in the early hours of Saturday following reports a man in his 20s had sustained serious injuries. He was located and treated at the scene by paramedics for an apparent life-threatening knife wound to the torso before being taken to Westmead Hospital. Police said a second man of similar age was found nearby with a wound to his arm. He was also transported to Westmead. It is understood the pair and others at the address were known to each other. The Coleraine incident comes days after an Australia-first knife ban targeting young offenders. Victorian parents were urged on Thursday to hand in their children's machetes and knives at police amnesty posts. A total of 45 stations across the state will host disposal bins set up for the three-month initiative. Carrying one of the deadly, long and broad-bladed knives is outlawed, while a sales ban with some exemptions is already operating. 1800 RESPECT (1800 737 732) Lifeline 13 11 14 Men's Referral Service 1300 766 491 An elderly man has been charged with the murder of a woman, while another man in his 20s is fighting for life following separate overnight stabbing attacks across two states. Homicide Squad detectives were investigating an attack on an elderly woman who was found fatally injured at a house in Coleraine, about 35km from Hamilton, in Victoria's southwest. Local officers found the 81-year-old woman alive shortly after 1am on Saturday, but she died at the scene. Police arrested and interviewed an 81-year-old Coleraine man who was known to the victim before charging him with murder on Saturday evening. He has been remanded in custody and will face the Warrnambool Magistrates Court on Monday. In a separate incident, two men were also stabbed at a house gathering in Sydney's west overnight, one of them suffering critical wounds. Emergency crews were called to a residential unit in Patricia Street, Mays Hill, in the city's inner west, in the early hours of Saturday following reports a man in his 20s had sustained serious injuries. He was located and treated at the scene by paramedics for an apparent life-threatening knife wound to the torso before being taken to Westmead Hospital. Police said a second man of similar age was found nearby with a wound to his arm. He was also transported to Westmead. It is understood the pair and others at the address were known to each other. The Coleraine incident comes days after an Australia-first knife ban targeting young offenders. Victorian parents were urged on Thursday to hand in their children's machetes and knives at police amnesty posts. A total of 45 stations across the state will host disposal bins set up for the three-month initiative. Carrying one of the deadly, long and broad-bladed knives is outlawed, while a sales ban with some exemptions is already operating. 1800 RESPECT (1800 737 732) Lifeline 13 11 14 Men's Referral Service 1300 766 491 An elderly man has been charged with the murder of a woman, while another man in his 20s is fighting for life following separate overnight stabbing attacks across two states. Homicide Squad detectives were investigating an attack on an elderly woman who was found fatally injured at a house in Coleraine, about 35km from Hamilton, in Victoria's southwest. Local officers found the 81-year-old woman alive shortly after 1am on Saturday, but she died at the scene. Police arrested and interviewed an 81-year-old Coleraine man who was known to the victim before charging him with murder on Saturday evening. He has been remanded in custody and will face the Warrnambool Magistrates Court on Monday. In a separate incident, two men were also stabbed at a house gathering in Sydney's west overnight, one of them suffering critical wounds. Emergency crews were called to a residential unit in Patricia Street, Mays Hill, in the city's inner west, in the early hours of Saturday following reports a man in his 20s had sustained serious injuries. He was located and treated at the scene by paramedics for an apparent life-threatening knife wound to the torso before being taken to Westmead Hospital. Police said a second man of similar age was found nearby with a wound to his arm. He was also transported to Westmead. It is understood the pair and others at the address were known to each other. The Coleraine incident comes days after an Australia-first knife ban targeting young offenders. Victorian parents were urged on Thursday to hand in their children's machetes and knives at police amnesty posts. A total of 45 stations across the state will host disposal bins set up for the three-month initiative. Carrying one of the deadly, long and broad-bladed knives is outlawed, while a sales ban with some exemptions is already operating. 1800 RESPECT (1800 737 732) Lifeline 13 11 14 Men's Referral Service 1300 766 491
News.com.au
11 hours ago
- News.com.au
Vision emerges of sacked NRL reporter's alleged crash
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