Cowan defence says wild dogs didn't move Daniel's remains
FERAL animals could not explain the distance Daniel Morcombe's remains were found from where Brett Peter Cowan pointed them out, his lawyer says.
Defence barrister Angus Edwards said testimony from wild animal experts maintained a whole body was unlikely to have been moved the 50 to 75 metres.
"This is thick bushland, dogs didn't drag the carcass from where Mr Cowan said he went," he said.
"There's not a bone left behind in the area where he says he put Daniel.
"The spread of bones in the area suggests that is where the bones were put by whoever put it there.
"The reason Mr Cowan couldn't take police to the right spot was because he didn't know the right spot, he just knew the area.
"The reason his confession does not match the objective facts is because he is not guilty.
"There was no point in telling an unconvincing lie to make millions of dollars."
Mr Edwards then went onto the undercover police operation to snare Mr Cowan, who believed he would get $100,000 for a big job the day after his confession as well as similar paydays subsequent.
"It's really quite an extraordinary operation you might think," he said.
"Paying him to commit fake crimes, induction into a lifestyle which would have made millions of dollars , infiltrating his life over months.
"With all the negative consequences of not confessing and all the positive consequences of confession.
"You might think you can tell the difference between a convincing liar and someone who is telling the truth but in my submission you sometimes don't know when people you know very well are telling lies let alone Mr Cowan."
Mr Edwards again suggested his client only knew where to find Daniel's remains because Les McLean, who knew both Jackway and Mr Cowan, told him.
He summarised the facts about Douglas Jackway's criminal history and the speculation he might have been on the Sunshine Coast the day Daniel disappeared.
"He lied and lied and lied," he said.
"Does that not all lead you to one rational logical conclusion that Jackway, together with others, abducted and killed Daniel Morcombe?
"That on heroin he told McLean about it, McLean told Mr Cowan and Mr Cowan made up a story?"
Cowan defence says no-one saw what happened to Daniel
THE carrots and sticks undercover police offered Brett Peter Cowan rendered his confession entirely unreliable, his defence barrister says.
Lawyer Angus Edwards said not a single soul saw what Mr Cowan claimed happened in his confession at a hotel in Perth in August, 2011.
"In my submission it is demonstrably false because not a single persons saw what he said happened," he said.
"What really sets his confession apart is he took police near to the bones and showed them where the clothes are.
"That's a powerful piece of evidence but it's only powerful if it's a reliable indicator of guilt.
"In my submission Mr Cowan's confession is questionable.
"This case was heavily publicised and you might think somebody who had been questioned by police might be keenly interested in the publicity.
"The day he confessed to Arnold wasn't the first day he thought about abduction of Daniel Morcombe.
"It wasn't like he just came up with this story on the spot, you might think it was something he had clearly considered.
"Remember this confession came after eight years of repeated publicity and media stories.
"The only truly unique piece of information to come out of confession was the location of the bones and clothing.
"But even on the Crown case Brett Cowan is a liar - whether his repeated denials of involvement or his confession.
"One way or the other he is a liar.
"Can you really reject the possibility beyond reasonable doubt that Mr Cowan made this story up?
"The police pretended they were gangsters, convinced him they were gangsters.
"He used the details he's seen in the media and what he'd been told to flesh out lies and make it a convincing story.
"Why would he make such a story up?
"There are compelling reasons why he would make up a story like this.
"It's the money and membership in the gang and all that entailed.
"Secondly they offered to buy him an alibi to make all the stress of the coronial inquest go away.
"They are powerful inducements for a man like Brett Cowan, powerful reasons to make up a false confession.
"He had no money, no place to live, had never really been part of anything like this before, he had no job.
"What the gang offered him was not just the money, but a chance to be part of something, part of a national brotherhood of criminals making millions of dollars.
"How very, very tempting.
"He was a day away from hitting the big time.
"They told him the big job was gonna happen tomorrow.
"His repeated denials, that wasn't accepted, they were about to cut him loose and all he had to do to make millions of dollars was to tell a convincing lie."
Mr Edwards said there was no down side for his client to make a confession to the big boss Arnold but there was a huge risk if he did not.
"Arnold and his friends just wouldn't take no for an answer," he said.
"Unless he confessed he was out of the dream job, out of the mateship.
"Everything was about to end, powerful incentives to confess.
"Do you think he could make up a convincing story for millions of dollars?
"That was the carrot but there was a stick as well."
Mr Edwards said those sticks included references to the power of the gang and their connections to corrupt police officers, customs official and court staff.
He said Mr Cowan knew people could be made to disappear if there was trouble.
"You might think that common sense dictates what a powerful gang like that might be prepared to do to cover themselves," he said.
"What they might do to someone who knew just a little too much.
"This wasn't the boy scouts he was trying to run with this was a powerful national crime gang.
"He is willing to do anything to be part of that gang.
"What was he to do?"
Mr Cowan asked the jury to pay attention to the way the confession video unfolded.
He said it was not a free-flowing narrative, it was a series of questions and answers.
"The whole thing was designed to put Mr Cowan in a position where he would confess," he said.
Jury told not to ignore evidence of blue car 'stalking'
THE blue car was circling. Watching. Stalking.
Defence barrister Angus Edwards told the jury in the Daniel Morcombe case they could not possibly ignore the blue car evidence like the Crown had asked them to do.
He said convicted child sex offender Douglas Jackway had a blue car and could not account for his movements the day Daniel went missing in 2003.
"Is it just a coincidence that witnesses see a blue sedan hanging around Kiel Mountain Road overpass on both sides of the road as if watching Daniel Morcombe, circling Daniel Morcombe?" he said.
"Is it just a coincidence that the blue sedan - true there are variances you might expect - but they're all clear the blue sedan is a square boxy older model sedan - just like Jackway drives.
"It was stalking Daniel, stopping the first time on the Nambour bound side of the road, watching and coming back around to the Maroochydore bound side.
"As you know Daniel Morcombe wasn't very talkative with strangers. Certainly he was not the sort of boy who would go with a stranger to his car.
"So you might think that blue car was doing circles and watching him. They came around between the two buses for the last time, grabbed him, pulled him into the car and sped off to goodness knows where."
"The best predictor, you might think, of future behaviour is past behaviour," Mr Edwards said about Mr Jackway.
"For a fellow like him to be driving down that stretch of road ... past Daniel Morcombe, would have been like a snake driving past a wounded mouse.
"He stalked, abducted and killed Daniel Morcombe.
Mr Edwards asked whether it could be a coincidence that witnesses saw a blue older model sedan and a white van were up near the Kiel Mountain Rd overpass around the time Daniel went missing and then one witness saw them near Roys Rd, not far from the Glasshouse Mountains site where Daniel's remains were found.
He said no one saw the version his client Brett Peter Cowan confessed to undercover police in secret recordings.
"If it indeed is the case there was a blue sedan with some innocent people who had nothing to do with the abduction of Daniel Morcombe, who stopped and interacted with him and spoke to him on the day he was abducted, within minutes of his abduction you might wonder why those innocent people have never come forward," he said.
"If they had come forward you would have heard that.
"After all these public appeals, offers of $1 million in reward money, these innocent drivers … not one of those innocent people has come forward.
"You might think there's a very good reason why the occupants of the blue sedan never came forward -because they were involved in the abduction of Daniel Morcombe. They have no innocent explanation.
"The Crown would like you to believe even though there are close to 50 witnesses who speak about the Kiel Mountain Rd overpass, and they're just the ones that have been called, that drove past … not a single soul saw a man walking with Daniel Morcombe back to his four-wheel-drive.
"Not a single witness saw a boy walking off with a man.
"There's a very good reason not a single person saw that.
"If a single person had seen anything like that they would have been called in this trial.
"What they did see was Daniel Morcombe being spoken to by people in a blue sedan.
"What they did see was a blue sedan on the Nambour side and then on the Maroochydore.
"What they did see is Daniel Morcombe being man-handled into a blue sedan.
"What they did see was a blue sedan driving off with violence being done in it.
"What they did see is a blue sedan and a white van parked down near Roys Rd, the scene near the location of the bones and the clothes.
"That's what the witnesses saw.
"The Crown says reject all of that, that's all irrelevant.
"Imagine that the story Brett Cowan is the truth but not a single soul saw what he says happened."