JESSICA Small’s family believes deficiencies in the original police investigation into the teenager’s disappearance must be highlighted when Deputy State Coroner Sharon Freund hands down her findings today following a three-week inquest at Bathurst Court House.
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The family wants police to be reminded to be guided by the facts of a case rather than their own prejudices.
Solicitor representing the Small family, Bill de Mars, yesterday made submissions to the inquest, saying the family was keen to see Ms Freund’s findings document the peril that may flow from an inadequate early police investigation, as was the case with the disappearance of Jessica Small in October 1997.
On day one of the inquest last August, counsel for the NSW Police Force, Michael Spartalis, conceded the initial police investigation into Jessica’s disappearance was “somewhat lacking” and that lines of inquiry which should have been examined were not.
In his submission, Mr de Mars said the family had shown restraint by not pursuing lines of cross-examination into the deficiencies of the investigation, enabling the coroner to instead focus on evidence about what may have happened to Jessica.
It was Mr de Mars’ submission that there were a number of reasons why the coroner should note in detail the relevant inadequacies “in a reasonable degree of detail”.
“Ricki Small and her family have lived through 17 years of uncertainty and it is hard for those of us who have not suffered in this way to truly understand what this involves,” he said.
He noted the difficulty in an investigation which is founded on an inadequate early investigation, citing “false starts and contributions from a wide range of members of the public some of whose motivations may not always be pure”.
He said the Small family have lived through these ups and downs.
“The reality is the Small family may never know Jessica’s precise fate, and when one takes stock of what this means for Ricki and her family, it is not unreasonable they might take some small solace from at least having some of the key deficiencies in the original investigation documented by your honour.”
Mr de Mars said documenting this aspect of the initial police investigation may also serve as a reminder of the need for police to be guided by the facts of the investigating and not on assumptions they may make based on stereotypical views they may hold concerning the lifestyle of a particular person.
He said it was hard to conceive how such a view could be allowed to affect the investigation given the circumstances presenting to police at 12.40am on Sunday, October 26, 1997 where it was crystal clear there was a grave risk to Jessica Small’s life.
Ms Freund will hand down her findings at Bathurst Court House today.
