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an inquest, within the meaning of the repealed Coroners Act 1958, section 5 [definitions], that has concluded under the repealed Act or the repealed Act as applied under former section 100. 15. These matters meet that definition and I re-open them pursuant to s.50 of the Coroners Act 2003 and exercise all powers that flow from that provision (and Act). Findings required s.45 Coroners Act 2003 16. Pursuant to s.45 of the Coroners Act 2003 I must, if possible, make findings as to: a) Who the deceased person is; b) How the person died; c) When the person died; d) Where the person died; and e) What caused the person to die Findings of the inquest into the deaths of Enid Cecilia Hyde and Norman Reeve Hyde Page 5 of 19 17. I must not include within those findings any statement that a person is, or may be: a) Guilty of an offence; or b) Civilly liable for something. Standard of Proof 18. The particulars a Coroner must, if possible, find under section 45, need only be made to the civil standard but on the sliding Briginshaw scale. That may well result in different standards being necessary for the various matters a coroner is required to find. For example, the exact time and place of death may have little significance and could be made on the balance of probabilities. However, the gravity of a finding that the death was caused by the actions of a nominated person would mean that a standard approaching the criminal standard should be applied because even though no criminal charge or sanction necessarily flows from such a finding, the seriousness of it and the potential harm to the reputation of that person requires a greater degree of satisfaction before it can be safely made. 19. The paragraph above was specifically contemplated by the Court of Appeal with apparent approval. The Court went on to state: 20. Two things must be kept in mind here. First, as Lord Lane CJ said in R v South London Coroner; ex parte Thompson, in a passage referred to with evident approval by Toohey J in Annetts v McCann: …an inquest is a fact finding exercise and not a method of apportioning guilt … In an inquest it should never be forgotten that there are no parties, there is no indictment, there is no prosecution, there is no defence, there is no trial, simply an attempt to establish facts. It is an inquisitorial process, a process of investigation quite unlike a trial where the prosecutor accuses and the accused defends, the judge holding the balance or the ring, whichever metaphor one chooses to use. Secondly, the application of the sliding scale of satisfaction test explained in Briginshaw v Briginshaw does not require a tribunal of fact to treat hypotheses that are reasonably available on the evidence as precluding it from reaching the conclusion that a particular fact is more probable than not.” Findings of the inquest into the deaths of Enid Cecilia Hyde and Norman Reeve Hyde Page 6 of 19 Issues for Inquest 21. The issues for inquest with respect to Norman Reeve Hyde are: The findings required by section 45(2) of the Coroners Act 2003 namely: (a) the identity of the deceased person; (b) how the person died; and (c) when the person died; and (d) where the person died, and (e) what caused the person to die. The issues for inquest with respect of Enid Cecilia Yeatman Hyde are: 22. The findings required by section 45(2) of the Coroners Act 2003 namely: a) the identity of the deceased person; b) how the person died; and c) when the person died; and d) where the person died, and e) what caused the person to die. Witnesses required to give evidence 23. The following people gave oral evidence at inquest: i. Detective Sergeant Brad McLeish ii. Dr Paull Botterill iii. Ms Linda Lawson iv. Mr Wayne Connolly v. Mr Conrad Yeatman Background 24. Enid Cecilia Yeatman Hyde and Norman Reeve Hyde died at sea in 1972 off False Cape near Yarrabah. 25. Yarrabah lies to the east of Cairns. The coastline runs east from False Cape around Mission Bay, past Cape Grafton and Kings Point. It has an area of approximately 158.8 square kilometres. Norman Reeve Hyde (also known as Albert) 26. Mr Norman Hyde was aged 24 years at the time of his death. He was also known as “Albert” and for ease I will refer to him as Albert, his preferred name. Albert was a married man and employed as a labourer. He resided at what was then referred to as the ‘Yarrabah Mission’, and Findings of the inquest into the deaths of Enid Cecilia Hyde and Norman Reeve Hyde Page 7 of 19 now Yarrabah. Albert is the brother of Mr Richard Frank Hyde, also known as “Charlie” Hyde, who is the husband of Enid. Throughout the narrative I will refer to Richard as Charlie, his preferred name. 27. The inquest before Coroner Bernard J Scanlon on 28 March 1973 one year after Norman’s death, concluded that Norman’s (Albert’s) cause of death was by Asphyxia due to drowning. There is no evidence before me to the contrary and I do not intend to disturb that finding. 28. Albert’s toxicology testing was by way of a post mortem specimen of blood and indicated 230mg per 100ml (or .23% in road traffic terms almost 5 times the legal limit for driving). No other drugs or poisons were detected. Enid Cecilia Yeatman Hyde 29. Enid Cecilia Yeatman Hyde was aged 36 years at the time of her disappearance. Enid was married to Richard Frank Hyde (Charlie) and she is the sister of Mr Conrad Yeatman. 30. At the time of her death Enid had six dependent children and her occupation is recorded Home Duties. Charlie was her second husband, Enid’s first husband was deceased. 31. The inquest before Coroner Bernard J Scanlon on 28 March 1973 one year after her disappearance determined that Enid went missing at sea 100 yards of False Cape Trinity Inlet. The circumstances as noted by the Coroner are: • 32. Missing person very intoxicated at the time of her disappearance from a small aluminium dinghy in choppy seas. Held to be dead. No criminal negligence of fault on the part of any person. That finding is the subject of the substantive inquiry for this inquest. Background information 33. Statements and material provided to the original 1973 inquest form part of the current Brief of Evidence, including written signed statements from Richard (Charlie) Hyde, Cecil Smith, Conrad Yeatman and Police Officer senior Constable Howard. Those statements in my view provide the earliest and best evidence regarding the events. Findings of the inquest into the deaths of Enid Cecilia Hyde and Norman Reeve Hyde Page 8 of 19 34. The Queensland Police also conducted a further investigation in anticipation of this current inquest and the transcript of interviews with relevant persons and statements are exhibited within the coronial Brief of Evidence. 35. It is not disputed that a group comprising Enid, Charlie, and Conrad, travelled by dinghy (14 foot with a Johnson 9 horsepower outboard) from

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