A Wollongong magistrate has raised serious concerns about the strength of a prosecution case against a man charged over the decades-old disappearance of local mother Pauline Sowry, but still refused him bail after hearing he allegedly threatened to "take out" police officers.
Bail Application Highlights Case Weaknesses
Leon Andus Antonius Boeyen appeared at Wollongong Local Court on Wednesday seeking release on bail. He was charged on May 29 with being an accessory after the fact to murder and concealing an indictable offence concerning Ms Sowry's disappearance.
The 49-year-old mother was last seen by her family in December 1993, with police believing she was murdered the following year. Her son was present in court for the bail hearing.
Magistrate David Williams stated there were "very significant issues" with the Crown's case. He pressed the prosecutor on what specific act Boeyen was alleged to have committed to warrant the accessory charge, noting it typically requires a positive act.
The court heard the prosecution's case is largely based on information Boeyen allegedly possesses but has not provided to police. Mr Williams remarked that this framing seemed "problematic" and was not how such cases were usually put forward, though he conceded there might be a basis for the concealment charge.
Unacceptable Risk Despite Case Concerns
Defence lawyer Christina Vassiliou argued for bail, citing the significant delay since Ms Sowry's disappearance and the stability of Boeyen's public housing, which he has held since 1999 but has been absent from for six months. She noted his history of complying with court orders and said many potential witnesses had since died or moved away, with those remaining in the Illawarra having already provided statements.
Magistrate Williams found Boeyen had shown why his ongoing detention was not justified, considering factors including his diagnosed schizophrenia and the apparent weaknesses in the prosecution's evidence.
However, the magistrate's decision turned on alleged threats made by Boeyen during the police investigation. The court was told Boeyen was allegedly recorded saying he would "get the coppers and take them out, one by one" and discussed "getting rid of" someone.
Mr Williams said these statements could be reflective of a person with schizophrenia, but the court had to treat them as real. He concluded the risks to witness safety, including police, were unacceptable and refused the bail application.
Complex Case Timeline Extended
The Crown requested an extension until February to finalise the charges due to the complexity and size of the brief of evidence. Magistrate Williams granted a shorter extension, setting the matter down for January 28.
Boeyen will remain in custody until his next court appearance, as the legal process continues in one of Wollongong's most enduring cold cases.
