Despite receiving immunity, Michael Atkins could be charged a second time for Matthew Leveson‘s murder, one of New South Wales’ top legal experts says.
If any new and compelling evidence surfaces that links Atkins to the crime, a fresh prosecution case could be launched – but that would mean finding more than just his remains.
Police are “very confident” the human remains they found at the Royal National Park on Wednesday belong to Leveson, but former NSW director of Public Prosecutions Nicholas Cowdrey explains that doesn’t prove Atkins was involved in his death.
“That by itself doesn’t provide any evidence of an offence by anybody, including Atkins,” he said.
“If they find material with the body which is connected with Atkins, that puts a connection between the body and Atkins, but depending on the nature of that material it may not prove very much.
“We know that the two were lovers. They would have had physical contact.
“If for example, Atkins’ DNA was found on the body or on clothing or on some object there, that doesn’t tell you much more than the fact that they were together at some time.”
Mr Cowdrey said if any new evidence were to be found, it would have to pass rigorous tests including being reliable, substantial and highly probative.
He also said this case had unprecedented legalities in the state.
The grieving parents of missing New South Wales man Matthew Leveson have taken aim at his former boyfriend and the jury that acquitted him after skeletal remains thought to be their son’s were found in the Royal National Park in Sydney’s south.
Detectives were led to the roadside location by Leveson’s boyfriend, Michael Atkins, who was acquitted in 2009 of the man’s murder. He took detectives to the possible burial site late last year after he was offered immunity from prosecution for perjury and contempt of court.
Addressing the media, Matthew’s mother, Faye Leveson, broke down as she described the unprecedented immunity deal as having “painted us into a corner.”
“We would do it in a heartbeat to get him back but our laws have got to change, the victims have got to have a voice,” Mrs Leveson said.
“If that person had been convicted he would have had an appeal on the conviction, and an appeal against the sentence, but the victims get nothing.”
“We’ve had to fight for nine-and-a-half years to get to this day, to bring our son home so our other two surviving sons didn’t have to go through the rest of their life if we passed and we hadn’t found Matty,” she said.
Mrs Leveson, who has painstakingly scoured bushland with her husband for close to a decade in search of their son’s remains, went on to speak of her family’s anguish and pain.
“That person, Atkins, he could have finished this nine-and-a-half years ago but he didn’t.”
“He chose to hide, to hide in Queensland and let our family suffer. He never came down, he never had to watch us dig, to watch (us dig) every single day … that scoop of dirt, (wondering) if Matty was going to be under that””
Matthew’s father, Mark Leveson, added: “To Michael Atkins: you are no use to any of our family alive.”
Matthew was last seen leaving a Sydney nightclub in September 2007. He was accompanied by his then 40-year-old partner.
Police say they believe the bones found just after 2.30pm on Wednesday belong to missing New South Wales man Matthew Leveson.
Although the “items of interest” will need to be forensically examined before they can be certain – a process that will take a number of days – police are confident the remains are Matthew’s.
“I can’t say that with 100 per cent confidence until we have the forensic examination carried out, but the circumstances in which we have found these remains leads us to believe that they are Matthew Leveson’s,” Detective chief inspector Gary Jubelin said.
“It has been a long journey for the family in their efforts to find their son and hopefully this will bring them some relief.”
Matthew, 20, was last seen leaving a Sydney nightclub in the early hours of September 23, 2007. He was accompanied by his then 40-year-old partner.
Ten hours later, Atkins was captured on CCTV buying a garden mattock and gaffer tape from Bunnings Warehouse. But when questioned by police he denied being there.
Later that week Matthew’s car was found at Waratah Oval in Sutherland. Inside, police found a Bunnings receipt for a garden mattock and gaffer tape, Atkins’ fingerprints were all over it.
Matthew’s parents have never given up hope of finding their son’s body and had even taken the search for Matthew’s body into their own hands.
“We go out into the national park ourselves and go to different places to see if we can find him,” Ms Leveson previously told The Weekly.
“We just want to find him and lay him to rest before we pass on.”
