Leisl’s mother, Sandi Harvey, leaves court on Friday. Credit: Peter Rae
“I am aware that for many of Mrs Smith’s friends and family members, many of whom testified at trial, some of whom are here today, and others who I understand are listening to the proceedings via (video) , the fact that there can be no announcement of a verdict will be difficult to deal with, ”the judge said.
Judge Fullerton said the law simply does not allow him to return a verdict, announce it publicly, or publish “the very long reasons” he had prepared. He said he hoped Leisl’s loved ones would understand.
Leisl’s father, Storm Smith, pictured Friday, believes she is still alive. Credit: Peter Rae
“The trial was conducted fairly with the accused,” he said. “I regret that the trial process has ended without a verdict.”
Out of court, Leisl’s father, Storm Smith, said he believed his daughter was not dead, but had voluntarily disappeared 10 years ago.
She had texted him on Facebook and seen him at a traffic light in Windsor, he said.
“She’s alive,” he said, calling Church’s death “very sad” and said he hoped the matter would be referred to the coroner. “I think she would be very upset that Jim died. She was in love with him, and he was in love with her too.”
Twelve days before Leisl disappeared, he shared a Facebook post with two Winnie the Pooh characters, titled, “Promise You Won’t Forget Me?”
On Thursday evening, while his mother was processing the news of Church’s death, he posted the image to thousands of followers who had joined a Facebook group to find Leisl. He did not speak when he left court on Friday.
Prosecutors had alleged at trial that Church explored remote places he could use to dump a body in the days before Leisl disappeared.
It was argued that the motive for the murder was that Leisl told people she was pregnant with Church and that Church wanted to save his relationship with a young woman.
Church’s lawyers said it could not be ruled out that someone else was responsible for Leisl’s disappearance, including another ex-boyfriend or Leisl herself. They argued that prosecutors relied on conjecture and speculation to suggest their client had killed him.
Crisis support can be found at Lifeline: (13 11 14 i lifeline.org.au), the Suicide Return Service (1300 659 467 i suicidecallbackservice.org.au) and Beyond Blue (1300 22 4636 i beyondblue.org.au).