A MAN accused of helping cover up the 2014 murder of Carly McBride did not know she had been killed on the day he is alleged to have helped dump her body in remote bushland outside Scone, a jury has been told.
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And there is no evidence to prove James Anthony Cunneen, now 31, visited the dumping site at Owens Gap on the afternoon of September 30, 2014, defence barrister Dr Robert Cavanagh said during his closing address this week.
Mr Cunneen has pleaded not guilty to being an accessory after the fact to murder over the death of Ms McBride and for the past five weeks has been on trial in the NSW District Court. Ms McBride, a mother-of-two, was last seen leaving her ex-partner's house at Muswellbrook about 2pm on September 30, 2014. Her skeletal remains were found in remote bushland at Owens Gap, on the outskirts of Scone, nearly two years later.
The prosecution case is that Ms McBride's boyfriend, Sayle Kenneth Newson, intercepted Ms McBride after she left the house in Calgaroo Avenue and killed her by inflicting a number of blows to her head and back.
During his closing address, Crown prosecutor Adrian Robertson said Mr Newson's "jealousy exploded" when he found out Ms McBride's daughter had not been at the house during the planned visit and instead she had spent more than an hour with her ex-partner.
After killing Ms McBride, the prosecution allege, Mr Newson turned to Mr Cunneen, his "one and only friend in Muswellbrook", and the pair devised a plan to dispose of Ms McBride's body, create a false alibi for Mr Newson and point the finger at Ms McBride's ex-partner.
"We say that Sayle Newson told [Mr Cunneen] that he had murdered Carly McBride," Mr Robertson said. "Together they hatched a plan to dispose of her body and suppress the truth. "They chose Scone as their alibi on the expectation that the body would not be located. "They then set about laying false trails and falsely accusing other people. "All the while Sayle Newson inserted himself into the investigation thereby being able to work out what information was available against him and what story he might craft as a result of that."
Mr Robertson said Mr Cunneen helped out his mate by providing a mutual alibi for the pair, repeating the "lies" Mr Newson was telling and was involved in social media postings about the search for Ms McBride and the deletion of mobile phone data.
But during his closing address, Dr Cavanagh told the jury there was no evidence Mr Cunneen was aware Ms McBride was dead on September 30, 2014, or that he had been out to Owens Gap on that afternoon, which was when the prosecution say her body must have been dumped.
"What the Crown has is that he was with Sayle Newson on the afternoon of the 30th September," Dr Cavanagh said. "Does that prove he was aware of all of the essential facts and circumstances that give rise to an offence committed by Mr Newson? "Absolutely not."
Dr Cavanagh said if there had been traces of blood found in the car used to drive to Scone then that would be supporting evidence Mr Cunneen had knowledge of the killing.
But there was no blood found, he said.
And he said text messages purporting to show Mr Cunneen discussing assisting Mr Newson needed context and were not about Mr Newson, labelling it "rubbish evidence".
"You don't have any link between James Cunneen and Carly McBride's death other than he was with Sayle Newson on a particular afternoon. "An afternoon the Crown cant even prove was actually the date of the death," Dr Cavanagh said. "They can't even do that."
Judge Phillip Mahony will sum up the evidence next week before the jury retires to begin deliberations.
You don't have any link between James Cunneen and Carly McBride's death other than he was with Sayle Newson on a particular afternoon.
- Defence barrister Dr Robert Cavanagh said during his closing address this week.
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