Answers for grieving family 13 years after 'free spirit' vanished in NSW
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More than 13 years after a vibrant and “fiercely free-spirited” young woman disappeared without a trace, a coroner has concluded she was killed by her controlling lover.

Leisl Smith, 23, was last seen alive on CCTV getting into a white ute at Tuggerah railway station on the NSW Central Coast in August 2012.

The vehicle belonged to her accused killer, James Church, who was charged with her murder and faced trial 10 years later.

Leisl Smith disappeared in 2012. (NSW Police)

But the trial verdict has been sealed after Church died by suicide on the eve of it being delivered in the NSW Supreme Court in July 2022.

Smith’s family finally received answers to painful questions about the fate of the vibrant 23-year-old on Monday as inquest findings were handed down.

Coroner Harriet Grahame determined Smith had been killed by Church before midnight on August 19 at a remote location in the NSW Upper Hunter region.

Her then-partner James Church was charged with her murder. (Dylan Coker)

Her body has never been found, despite extensive searches spanning more than a decade.

Evidence showed Church was alarmed he could no longer control Smith, who had the potential to affect his standing in the community and his relationship.

She complained the then-42-year-old had previously been physically aggressive and threatened to kill her.

Leisl Smith father Storm Smith with Leisl’s Jerildene Cane sister leave the court in 2022. (Peter Rae)

The inquest was told Church had a “significant history” of inflicting serious harm on his intimate partners, including an incident of grievous bodily harm.

Grahame found he killed Smith after collecting her from the train station and told a myriad of documented lies to conceal his crime.

“Leisl is obviously deeply loved and missed by all,” she said as she expressed her sincere condolences to the family.

Leisl Smith’s mother Sandi Harvey. (Peter Rae)

“She was a fiercely free spirited daughter and sister … someone who danced to the beat of her own drum, who was adventurous, and always looking for the joy in life.”

The coroner acknowledged the “tenacity and strength” of Smith’s family, who bore the “particularly cruel burden” of not seeing her live to achieve her potential.

She also formally recommended a legal change be considered to allow trial verdicts to be released where they are settled before an accused person dies.

Smith’s body has never been found despite extensive searches. (PR IMAGE)

Justice Elizabeth Fullerton, who presided over his judge-alone trial, had settled on her verdict and finalised her written reasons but had not yet handed them down.

When Church died, the verdict was sealed and the legal proceedings were terminated in accordance with the laws of abatement.

Smith’s family called for an exception to the laws in the instance a verdict has already been reached to prevent another family from suffering as they have done.

Grahame noted that sealing the outcome of Church’s trial caused “deep distress” to Smith’s family and the diligent police officers whose investigation came to an abrupt end.

The coroner recommended NSW Attorney-General Michael Daley refer the question to the law reform commission for consideration.

The lead detective in June said he believed Smith’s body lay near Church’s area of work.

“It’s something that I think about all the time,” he said, before addressing Smith’s mother Sandi Harvey in the courtroom.

“I’m sorry I couldn’t give you the ultimate answers that you really wanted … you deserve them.

“I’ve done my best and I’m sorry.”

Smith’s sister Jerildene Cane told the inquest of her last conversation with her sister, who shared bright plans for the future including a return to study.

“The only thing I wish I had done is hug her,” Cane said.

Support is available from the National Sexual Assault, Domestic and Family Violence Counselling Service at 1800RESPECT (1800 737 732).
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