On Friday, Judge Elizabeth Fullerton in the NSW Supreme Court said she was legally unable to make a guilty or not guilty verdict because Church, 53, had died on Thursday.
“I regret that the proceedings have been closed without a verdict. I hope that members of the public and, most importantly, the relatives of Ms Smith and her many friends understand the position, as I am legally bound to abide by it,” he said. the said the judge.
As evidence the police handed over to the court, Church was found dead in his home on Thursday by detectives from the northern NSW town of Inverell.
The death was not suspicious, as the church was believed to have killed itself, Judge Fullerton said.
With the death of the accused, the trial ended, a conclusion the judge said would be difficult for those who knew Mrs Smith.
“The law just won’t allow me to return a verdict, announce it publicly or publish the very lengthy reasons that were ready to be published this morning,” she said.
Church, a NSW farrier, was charged with the murder of his 23-year-old lover on the NSW Central Coast on August 19, 2012.
He pleaded innocent in January this year and was released on bail. The case was initiated in a 68-day court-only trial, which closed on May 24.
Out of court, Mrs. Smith’s father, Storm Smith, said he believed his daughter was alive and that he would be “very, very upset” that Church was dead.
“She was in love with him and he was in love with her too,” said Mr Smith.
“He wasn’t my thing, but she was old enough to make her own decisions.”
Mr. Smith said he saw his daughter in Windsor after she ascended and Church died an innocent man.
Her body has never been found, but her abandoned car was discovered at Tuggerah train station more than a month after she disappeared.
The Crown had alleged that the Church killed Ms. Smith after she told people she was pregnant with him and because he wanted to save his newfound relationship with Belinda Lees.
But the defense argued that other scenarios could not be ruled out, including that Ms Smith’s abusive ex-boyfriend, the late Craig Elkin, could be involved or that she disappeared on purpose.