Celia Natasha "Tasha" Douty (11 February 1943 – 1 September 1983) was a British-born Australian

resort A resort (North American English) is a self-contained commercial establishment that tries to provide most of a vacationer's wants, such as food, drink, swimming, lodging, sports, entertainment, and shopping, on the premises. The term ''resort ...

worker who was murdered on Brampton Island in

Queensland ) , nickname = Sunshine State , image_map = Queensland in Australia.svg , map_caption = Location of Queensland in Australia , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , establishe ...

Australia Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...

. The crime remained unsolved until 2001, when

Sydney Sydney ( ) is the capital city of the state of New South Wales, and the most populous city in both Australia and Oceania. Located on Australia's east coast, the metropolis surrounds Sydney Harbour and extends about towards the Blue Mounta ...

motor industry finance Business Manager, Wayne Butler, was found guilty. It was the first murder in Australia to be solved using

DNA profiling DNA profiling (also called DNA fingerprinting) is the process of determining an individual's DNA characteristics. DNA analysis intended to identify a species, rather than an individual, is called DNA barcoding. DNA profiling is a forensic t ...

. The prosecution relied heavily on DNA evidence and it became a case study for the use of the technique in court.

Murder

Tasha Douty was working as a waitress at the resort on Brampton Island in the summer of 1983. On 31 August, she took the ferry to the nearby town of Mackay for a dental appointment and spent the night there. The following day, she travelled back to the island. Police began searching for Douty when she failed to show up for work on 2 September. It is known that Douty went straight from the ferry to her room to drop off the things she had bought which included presents for her younger son's upcoming 19th birthday. Taking the new red towel she had just purchased she headed to secluded Dinghy Bay. Butler had been following her but lost her at this time. Unfortunately, he knew her destination and asked a member of staff for directions. It is estimated that she reached the beach at about 10.40 but when the 11 o'clock plane flew in, she was no longer on the beach. She was found in scrub behind the beach, her body covered with the red towel which had blood and semen on it. Douty's clothes and personal possessions, including a handbag, were missing and were never found.. She had been beaten on the head with a stone.

Investigation

There were no witnesses to the crime and no confession was forthcoming. Police set about interviewing more than 300 guests and visitors on the private island. The Queensland government offered a $30,000 reward for information leading to a conviction, but no-one came forward to claim it. Witnesses on the ferry back from Brampton Island on 1 September reported overhearing an argument between a couple in which a woman complained that she had been left alone for several hours on the island, and the man was heard to say that he did not realise the island was so large. However, the police were unable to identify the couple in question. A breakthrough then came when a man told Queensland police "I think I know that man who was having an argument with his wife on the Brampton Island ferry when that woman was murdered. He's my brother Wayne and he lives in Sydney". Wayne Butler was originally arrested in 1988 for Douty's murder, but was released because of insufficient evidence. Butler's wife divorced him and in October 1997, went to a police station in

and told officers, "My ex-husband has committed a murder. He killed a girl on a beach in Queensland. I couldn't say anything while we were married. Now we're divorced and I want you to know the truth". Although Butler had long been a suspect, it was not until DNA testing techniques were advanced enough to establish the probability that the semen stain on the towel was his, that he was charged.

Trial

Conviction

Butler was tried for the murder in 2001. His former wife, Vija Samite Duffey, told the court that on the day of Douty's murder, Butler had been away for four hours. She said that this was not unusual and his behaviour was not different on his return. The court was also told that DNA evidence had confirmed that semen stains on the red towel covering Douty's body came from Butler and that the chances of another person having the same profile were 1 in 23 × 10¹⁵. Dr Kary Mullis, who won a

Nobel Prize The Nobel Prizes ( ; sv, Nobelpriset ; no, Nobelprisen ) are five separate prizes that, according to Alfred Nobel's will of 1895, are awarded to "those who, during the preceding year, have conferred the greatest benefit to humankind." Alfr ...

for his work on DNA replication, advised the defence throughout the trial, but was not called to testify. The defence suggested that the DNA evidence had been contaminated in the laboratory, but the claim was rebutted by the prosecution after they demonstrated that this was not possible. Butler was not called to give evidence. He was found guilty by the jury after only 90 minutes of discussion, after which Supreme Court Judge Justice John Helman jailed Butler for life without the possibility of release on parole, saying: "For this savage crime you will spend the rest of your days in captivity. Parole will always be out of the question".

Appeals

On 31 July 2001, Wayne Butler unsuccessfully appealed his conviction. His appeal was based on the grounds that the original verdict was unsafe and unsatisfactory, and that the judge failed to uphold the submission that there was no case to answer. Butler was given a second chance to appeal in 2005, lodging a plea for pardon with

Governor of Queensland The governor of Queensland is the representative in the state of Queensland of the monarch of Australia. In an analogous way to the governor-general of Australia at the national level, the governor performs constitutional and ceremonial func ...

Quentin Bryce Dame Quentin Alice Louise Bryce, (née Strachan; born 23 December 1942) is an Australian academic who served as the 25th governor-general of Australia from 2008 to 2014. She is the first woman to have held the position, and was previously the ...

. Butler's application was based upon new evidence by forensic scientist and blood group specialist Professor Barry Boettcher, who said, "I can't say Wayne Butler is innocent. All I can say is that the laboratory results are wrong." A hearing for the second appeal was due in early 2007.. The appeal was eventually heard by the Court of Appeal in 2009, and it was dismissed on 1 May 2009. Justice

Patrick Keane Patrick Anthony Keane (born 26 October 1952) is a former Justice of the High Court of Australia and a former Chief Justice of the Federal Court of Australia. He will soon join as a judge on the Hong Kong Court of Final Appeal. Early life an ...

did not regard Professor Boettcher's views as apt to cast doubt on the integrity or competence of John Tonge Centre staff - "There has never been any suggestion that the semen found on the red towel might reasonably be thought not to be that of the killer. I am satisfied there is no reasonable doubt Mr Butler's semen was on the red towel". President of the Queensland Court of Appeal

Margaret McMurdo Margaret Anne McMurdo (born 30 August 1954) is the former president of the Queensland Court of Appeal. Appointed on 30 July 1998, she was the first female president of an appellate court in Australia. She resigned effective 24 March 2017 afte ...

and Judge of Appeal Catherine Holmes agreed..

References