The State Coroner’s refusal to hold an inquest into an assisted suicide that saw a husband jailed has been upheld.
November 2, 2018. Judy Dent, friend of Jennifer Morant, and Lynette Lucas, Mrs Morant’s sister, speak outside the Supreme Court in Brisbane after Graham Robert Morant was jailed for at least five years after he convinced his wife to take her own life so he could spend her life insurance. Ms Dent says “it’s upsetting for everybody, I don’t think there are any winners in this situation” and Ms Lucas says “I’m just happy that it all was put to rest in the end… Jenny came to me and I really did try to help Jenny and unfortunately we feel that we might have failed her a little bit but this is at least some sort of closure for her and some sort of peace”. Graham Morant, a 69-year-old self-styled pastor, was on Friday sentenced to 10 years for counselling Jennifer Morant to kill herself and six years for helping her to do it in November 2014 so he could access $1.4 million in life insurance. He can apply for parole after October, 2023. Mrs Morant had been suffering from depression and chronic back pain. (AAP Video/Aaron Bunch)
Jennifer Morant, 56, was found dead in her car, containing a small petrol generator, at Tamborine Mountain, in the Gold Coast hinterland, on November 30, 2014.
An autopsy listed the cause of death as acute carbon monoxide poisoning and the Deputy State Coroner ruled it as suicide.
Graham Morant leaving Brisbane Supreme Court before being jailed
Husband Graham Morant was jailed in 2018 after a jury found him guilty of counselling and aiding his wife’s suicide and he later lost an appeal.
The sentencing judge said Graham, who was not present when his wide died, began the suicide counselling 11 months before Mrs Morant, 56, who suffered chronic back pain, was found dead.
His son Angus Morant applied for an inquest in July 2020 believing his stepmother was not alone when she died and must have been aided at the scene by a person or people unknown.
After the Deputy State Coroner ruled it a suicide with no involvement by others beyond the husband, Angus asked this be reviewed.
In November 2021 State Coroner Terry Ryan ruled it was not in the public interest for an inquest to be held and refused Angus’ application.
Angus then applied to the District Court for an inquest however this too was unsuccessful.
Angus Morant sought an inquest into his stepmother’s death.
In a bid to overturn that refusal he took the matter to Queensland’s Court of Appeal.
Angus sought leave to appeal District Court Judge Vicki Loury’s decision on five grounds including it risked leaving a crime uninvestigated, thereby undermining the administration of justice.
Judge Loury had concluded there was “scant evidence that any other person was present”. The Court of Appeal heard Mrs Morant had investigated ways of taking her life and had expressed an intention to commit suicide due to her back pain. She had also previously attempted suicide.
On the day prior to her death, she bought a small petrol generator from Bunnings which her husband removed and unpacked on their return home before helping her put it back in the car.
On the day of her death Graham, a born-again Christian, attended church and on his return found his wife was not home.
The police found her dead later that night in her car that contained a sticky note reading “do not resuscitate me”.
Jennifer Morant committed suicide in 2014 after years of chronic back pain.
The generator was not running but was in the on position and its handle contained a mixed DNA profile – not Graham’s – that remained unidentified.
Mrs Morant’s sister and two friends gave extensive evidence of statements she had made indicating Graham was pressuring her to commit suicide, the court heard.
In the District Court application Judge Loury said the nature of the evidence presented by Angus tended to suggest that the point to it all was to suggest that Mrs Morant’s sister, Lynette Lucas, or Mrs Morant’s friend, Judy Dent, were in some way involved in causing her death.
“I do not accept that the evidence relied upon by the applicant demonstrates this or even casts any suspicion over them,’’ she said.
Judge Loury said the DNA evidence could go no further than to raise the possibility another person touched the handle of the generator some time before police swabbed it.
She said Angus did not believe his father was guilty and his suspicion of others involvement was unreasonable.
“There is a significant volume of evidence that demonstrates that Mrs Morant wanted to take her own life,’’ the judge said.
In his Court of Appeal application Angus argued Judge Loury failed to address the correct standard of proof, her finding as to the public interest was not based on evidence or fact, she came to the incorrect decision and took into account irrelevant considerations.
In a decision handed down Friday the Court of Appeal found no merit in any of the grounds. The application for leave to appeal was refused because no error by Judge Loury had been shown.
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