Brett Cowan

Case record: Brett Cowan

Background

Brett Peter Cowan (born 18 August 1969) was sentenced in the Supreme Court of Queensland for the murder of Daniel Morcombe and related offences.

Daniel James Morcombe was born 19 December 1989 and died 7 December 2003. He was 13 years old at the time of his death. Daniel was an Australian boy from the Sunshine Coast, Queensland.

Brett Cowan was born in Bunbury, Western Australia to Marlene, a homemaker, and Peter Cowan, who was a Vietnam veteran, on 18 August 1969. He grew up in the Brisbane suburb of Everton Park. Cowan dropped out in year ten and began working odd jobs throughout his late teens. He was a habitual drug user, who first tried marijuana at the age of eleven and regularly used amphetamines, cocaine and LSD.

Cowan’s first conviction came at the age of 18, on December 5 1987, when he was charged with molesting a seven year old. Cowan had been performing community service at a park when he lured the child into a public toilet. Cowan had been charged in 1989 and served three years in prison.

On September 28 1993, Cowan raped a six year old child outside a Darwin caravan park, leaving him seriously injured in an abandoned car in the bush. Cowan was sentenced to seven years in prison and served four and a half years of his total sentence.

After his release, Cowan moved to the Sunshine Coast with his pastor aunt and uncle, becoming a reformed Christian and regularly attending church. He married Tracey Moncrieff in 1999. They had a son before divorcing in 2004. Cowan was living in the town of Beerwah around the time of Morcombe’s disappearance.

In sentencing proceedings, evidence and commentary included that Cowan was a father of three and had criminal histories including child sex offences. It also included that Judge Roslyn Atkinson said "but I don't think you should be released in 20 years time" which could affect his sentence.

Cowan legally changed his name to Shaddo N-unyah Hunter sometime between 2003 and 2010.

Tracey Moncrieff was Cowan’s ex-wife. She testified in Brisbane Supreme Court proceedings. She told the court she married Brett Peter Cowan in September 1999 but they separated in 2004 and their divorce was finalised in 2008.

Cowan was described as an ordinary person in commentary from sentencing and other proceedings.

The offence

Daniel Morcombe was abducted from an unofficial bus stop under the Kiel Mountain Road overpass in the Woombye district of the Sunshine Coast approximately 2 kilometres (1.2 mi) north of The Big Pineapple on Sunday, 7 December 2003.

Morcombe planned to catch the 1:35 pm bus to the Sunshine Plaza Shopping Centre for a haircut and to buy Christmas presents for his family, but he failed to return.

Witnesses reported seeing Morcombe at approximately 2:10 pm on the Nambour Connection Road under the Kiel Mountain Road overpass.

The bus he was supposed to catch had broken down a few kilometres before his stop, and was behind schedule. When a replacement bus eventually arrived, Morcombe hailed the bus, but it carried on without stopping, due to its delay and the fact that his stop was only an unofficial request stop. The driver of the bus radioed the depot for another bus to go and pick up Morcombe.

The bus driver and other witnesses later reported seeing a man standing a distance behind Morcombe and another man slightly further away at the time. When the second bus came a couple of minutes later, Morcombe and the man had both gone.

In 2011, Cowan was arrested and charged with Morcombe’s abduction and murder. Cowan confessed to having approached Morcombe to offer him a lift to the shopping centre. When Morcombe accepted, he drove him to a demountable house in the Beerwah area. Upon entering the house, Cowan attempted to pull down Morcombe’s pants. When Morcombe resisted, Cowan killed him. Cowan then drove Morcombe’s body to an embankment, undressing and abandoning it. Cowan disposed of Morcombe’s clothing in a nearby river.

Morcombe owned a distinctive fob style pocket watch with "Dan" engraved on it, which has not been found.

Cowan was found guilty of the murder of Daniel Morcombe, indecently dealing with a child under the age of 16, and improperly dealing with a corpse. These were set out as charges including murder, indecently dealing with a child under the age of 16, and improperly dealing with a corpse.

Investigation

The death of Daniel Morcombe was one of the most extensively investigated crimes in Queensland's history.

As of 12 December 2008, a total reward of A$1,000,000 ($250,000 from the Government and another $750,000 donated privately) had been offered. The privately donated portion of the reward expired at midnight on 31 May 2009.

On this day, the Seven Network reported that a known paedophile (identified by the media as Douglas Jackway) could be of interest to the police. Jackway had been released from prison in 2003, one month before Morcombe's disappearance.

By early 2009, the investigation had seemingly run out of leads, but in May a full-size clay model of the man believed to be involved in Morcombe's abduction was placed at the spot where Morcombe disappeared. Within a few days there were more than 300 tip-offs.

In June 2009, the Queensland Government came under criticism from Parliament over the release of Jackway from prison. One MP claimed the Supreme Court had presented clear evidence of his risk of reoffending. This publicity also prompted civil liberties groups to call for laws banning media outlets from naming people linked to criminal cases.

In July 2009, the parents of Morcombe called for a coronial inquest in the hope of finding answers to their son's abduction and murder. The Morcombes said that after 5½ years, it was time for an inquest.

Of particular interest to the family are several criminals who have told police they know who killed Morcombe and where his body was buried.

In 2006, Cowan admitted to police that he travelled the road from which Morcombe disappeared on the same day of his disappearance, on his way to purchase marijuana from a drug dealer.

Around this time, a white Mitsubishi Pajero was seized from a property on Russell Island. The vehicle was believed to have been involved in Morcombe's abduction after a witness at the coronial inquest in April 2011 reported seeing a vehicle of similar description parked 100 metres (330 ft) north of the site where Morcombe was last seen.

Arrest

On 13 August 2011, Cowan was taken into custody and charged with Morcombe's murder and other offences, including child stealing, deprivation of liberty, indecent treatment of a child under 16, and interfering with a corpse.

In the trial evidence, Detective Senior Sergeant Stephen Blanchfield told the court he was in charge of the investigation when Cowan was arrested. Detective Blanchfield said that occurred at a Glass House Mountains site about 11:15am on August 13, 2011. Detective Blanchfield said that when Cowan was arrested he was informed of his rights and exercised his right not to answer questions.

Police prosecutors said Cowan led undercover officers to the site after allegedly confessing to abducting and killing the schoolboy.

Remains found

On 21 August 2011, two shoes and three human bones were found at a search site at Glass House Mountains. Forensic testing confirmed that the bones were Morcombe's. The shoes were similar to the ones that Morcombe was wearing when he disappeared. Underpants and a belt were also found.

By the end of the investigation, seventeen bones had been found, including a rib, hip, leg, arm and vertebrae. They were all confirmed as belonging to Morcombe using DNA from his toothbrush to make the match.

In a separate timeline description, on August 17, 2011, a shoe matching Daniel’s size and brand was found. Three days later its mate was found. On August 21, 2011, a bone, one of an eventual three, was found.

Trial

On 7 February 2014, Brett Peter Cowan was ordered to stand trial.

On 7 February 2014, he was charged with murder, indecently dealing with a child under the age of 16 and improperly dealing with a corpse. The trial, at the Supreme Court of Queensland, began on 10 February 2014 under Justice Roslyn Atkinson.

The prosecution closed its case on 7 March. 116 witnesses gave evidence and over 200 exhibits were tendered.

Cowan pleaded not guilty and declined to give evidence.

During trial proceedings, the Crown closed its case on about 11:15am on March 7, 2014. The jury left for the week and was expected to return for concluding statements.

Detective Senior Sergeant Stephen Blanchfield told the court Cowan exercised his right not to answer questions after being informed of his rights when arrested.

A key component of evidence included recordings of alleged confessions by the accused and covertly recorded conversations. Cowan had refused to give evidence when asked by Justice Roslyn Atkinson.

Verdict

On 13 March 2014, Cowan was found guilty of all charges.

The verdict included findings that Cowan was guilty of indecently dealing with 13-year-old Daniel, murdering him and interfering with his corpse.

The jury deliberated for nearly eight hours before delivering its verdict.

Sentencing

On 14th March 2014, at 12:12 pm Eastern Standard Time, Brett Peter Cowan was sentenced to life in prison with the possibility of parole after 20 years for the murder of Daniel Morcombe, unlawful interference with a child and interference with a corpse.

He was also to serve 3 1/2 years for indecently dealing with a child.

Judge Roslyn Atkinson said: "but I don't think you should be released in 20 years time" which could affect his sentence.

In sentencing reporting, the sentences were described as life imprisonment with non-parole eligibility after 20 years. He was not eligible for parole until March 2034. He also served 3 1/2 years for indecently dealing with Daniel and two years for interfering with his corpse; the sentences were to be served concurrently with his murder sentence.

In court, Justice Roslyn Atkinson said:

"In view of criminal histories and the enormity of the crime that you have committed it is appropriate in my view to set the parole eligibly date after you have served 20 years of your sentence," Justice Atkinson said.
"I am not of the view that you should be released in 20 years’ time ... that is not in my control."

Justice Atkinson also said:

"Whenever anyone is considering the prospect of granting you parole in the future they should mark my words that you are a convincing, plausible and adaptable liar,"

The state government increased the non-parole period for murder from 15 to 20 years in August 2012, which could be applied retrospectively upon a judge's discretion.

Queensland's Attorney-General Jarrod Bleijie said he would review the sentence and seek advice from the Director of Public Prosecutions about a possible appeal. Jarrod Bleijie said:

"Murder is a heinous crime and one of this government’s first acts of parliament was to increase the non-parole period to 20 years for murder and 30 years for multiple murder," Mr Bleijie said.

Appeals

No appeal outcome was provided.

Outcome

Cowan was found guilty on 13 March 2014 and was sentenced to life imprisonment on 14 March 2014.

Cowan declined to give evidence at trial.

A key theme in court statements included the denial of molestation by Cowan in his confessions and his defence position that his confession was false.

Aftermath

The Morcombe family started the "Daniel Morcombe Foundation" and put resources into keeping Daniel's disappearance in the public eye and trying to find out what happened to their son.

The foundation was committed to educating children about personal safety and raising awareness throughout Australia of the dangers of predatory criminals. The efforts were supported by the Australian media, especially on each anniversary of Morcombe's disappearance when a "Day for Daniel" is held to promote awareness of the vulnerability of children.

An accompanying event was the "Ride for Daniel", which covered 50 km of the Sunshine Coast and was held each year since 2005.

Morcombe's murder was the focus of the Crime Investigation Australia Season 1 episode "Tears for Daniel".

Morcombe's funeral was held at Siena Catholic College on 7 December 2012. It was attended by more than 2000 people.

In sentencing and impact reporting, Daniel’s parents Bruce and Denise Morcombe were described as tendering victim impact statements after the verdict was delivered.

Denise Morcombe described Cowan:

"That was your mistake, you evil, evil, unhuman thing," she wrote.

In a further victim impact quote, Bruce Morcombe and Denise Morcombe were described as having declined to be in the courtroom when Justice Roslyn Atkinson handed down her sentence on Friday.

Separately, Bruce Morcombe said:

"They have picked on the wrong family. We will never give up," he told reporters.

A memorial service was held for Daniel in December 2004. A first meeting of the foundation named in his honour was held in May of the following year.

A funeral was held at St Catherine of Siena Church at Sippy Downs on 7 December 2012. He was laid to rest at Woombye Cemetery.

Timeline

• December 5, 1987 — Cowan was charged with molesting a seven year old.
• 1989 — Cowan was charged and served three years in prison.
• September 28, 1993 — Cowan raped a six year old child outside a Darwin caravan park.
• 7 December 2003 — Daniel Morcombe (13) was abducted from an unofficial bus stop under the Kiel Mountain Road overpass; he failed to return.
• 7 December 2004 — About 1,000 people attended a memorial service to mark the first anniversary of Daniel Morcombe's disappearance.
• 2005 (annual series described) — The Ride for Daniel covered 50 km of the Sunshine Coast and was held each year since 2005.
• May 31, 2009 — The privately donated portion of the reward expired at midnight.
• 13 August 2011 — Cowan was taken into custody and charged with Morcombe's murder and other offences including child stealing, deprivation of liberty, indecent treatment of a child under 16, and interfering with a corpse.
• 21 August 2011 — Two shoes and three human bones were found at Glass House Mountains; forensic testing confirmed the bones were Morcombe's.
• 10 February 2014 — The trial began at the Supreme Court of Queensland under Justice Roslyn Atkinson.
• 13 March 2014 — Cowan was found guilty of all charges.
• 14 March 2014 — Cowan was sentenced to life in prison with a non-parole period of 20 years.

Other details

A portion of the case summary described Daniel’s day before he disappeared, including that he was delayed due to rain, picked passionfruit with Brad and older brother Dean on a neighbour's farm in Palmwoods, and decided to buy Christmas presents and get a haircut at Sunshine Plaza in Maroochydore. It described him waiting at a local bus stop near the Kiel Mountain Road overpass.

In court and investigation narrative:

• Cowan confessed to an undercover police officer in Perth in August 2011, including that "I never got to molest him or anything like that; he panicked and I panicked and grabbed him around the throat and just before I knew it, he was dead," and "I was starting to pull his pants down … and he said, ‘oh no’, and he started to struggle.." and later "... if I didn’t panic I could’ve been there for an hour doing stuff."
• A quote attributed to Justice Atkinson concerned the seriousness of the case and her view on parole.
• Undercover officer testimony included that Cowan led undercover officers to an old sand-mining site at the Glass House Mountains where he told them he dumped Daniel's body in 2003, and that the trio were arrested by other officers who had been waiting at the site.
• Detective Sergeant Gavin Pascoe testified about information received from a fellow officer on August 10, 2011, and about driving alternative routes and timing them, with times ranging from 14 minutes and 29 seconds to 30 minutes and one second.

Trial proceedings included witness testimony about vehicles and sightings:

• Driver Toni Lutherborrow told the court she saw a blue car on Eudlo Road and something under a white sheet rise up, and she burst into tears as she recalled a man in the front seat turn around and punch the sheet.
• Motorist Wayne John Baker said he saw a boy near the Kiel Mountain overpass and a blue car with two men near it.
• Driver Kim Guthrie said she saw a person pulling a boy wearing a red shirt towards a blue car.
• Witness Kim North said she saw a person with both hands on a boy's arm trying to coerce him into the car while another person sat in the rear seat.

In separate description, jurors were also told they would visit the site where the schoolboy disappeared and would walk through a macadamia farm in the Glass House Mountains where police found Daniel’s remains eight years later.