Coronial
NSWcommunity

Inquest into the disappearance and suspected death of Theo Jean Hayez

Deceased

Theo Jean Hayez

Demographics

18y, male

Date of death

2019-06-01

Finding date

2022-10-21

Cause of death

Unable to determine

AI-generated summary

Theo Hayez, an 18-year-old Belgian backpacker, disappeared from Byron Bay on 31 May 2019 after being ejected from a nightclub for approaching intoxication. Digital evidence traced his movements via Google location data to Cosy Corner at the Cape Byron headland around 12:05am on 1 June 2019. His phone remained connected to the network until 1:47pm that day, with cellular data indicating he likely moved from the beach onto the headland. Despite extensive police searches, community volunteer efforts, and retrieval of his cap from Arakwal National Park, Theo's remains were never found. The Coroner could not determine cause or manner of death, unable to definitively exclude either accidental cliff fall or foul play. Key investigative challenges included delays in accessing electronic data from international corporations, limited police powers in missing persons cases, and difficulties obtaining CCTV footage before overwriting. Recommendations focus on legislative reform for better access to digital evidence, development of a CCTV registry, improved liaison with technology companies, and revised protocols for accommodation providers reporting missing guests.

AI-generated summary and tagging — may contain inaccuracies; refer to original finding for legal purposes.

Error types

systemdelay

Contributing factors

  • Ejection from nightclub for approaching intoxication
  • Walking alone at night in unfamiliar bushland
  • Navigating complex terrain to Cosy Corner headland
  • Poor mobile phone signal in cliff area
  • Delays in accessing digital evidence from Google and Telstra

Coroner's recommendations

  1. NSW Law Reform Commission and Australian Law Reform Commission conduct joint reference into legislative powers for missing persons investigations, including coronial powers to obtain data from smartphones, computers, cloud storage, and telecommunications
  2. NSW Police powers review regarding missing persons cases unconnected to crime: entry, search, computer/social media access, telecommunications compulsion, service provider alerts, and CCTV seizure
  3. Address Mutual Legal Assistance Treaty (MLAT) delays when seeking information from multinational companies (Google, Facebook, Apple, Uber) and foreign investigative agencies
  4. Develop pilot CCTV Register in Byron Bay region mapping location of all private and public CCTV cameras with owner contact details, storage periods, and software specifications; update at least annually
  5. NSW Police investigate mechanisms to facilitate efficient CCTV downloading and viewing across different software and formats
  6. NSW Police develop 24/7 single point of contact service for requests to multinational technology corporations in missing persons investigations
  7. NSW Police develop in-house technical expertise for missing persons investigations to adapt to modern technology developments
  8. Support Missing Persons Registry investigative review component with adequate resourcing
  9. Amend Missing Persons Standard Operating Procedures to include questions about missing person's email accounts, telecommunications provider, location-tracking social media apps, and known passwords in initial reports
  10. Officers taking initial missing person reports submit iAsk request for Mobile Internet Records within 72 hours (24 hours in high-risk cases)
  11. Clarify EDR process references noting different time limits between service providers
  12. In high-risk cases, assess within 24 hours suitability for number/data preservation requests and Fast Track/Emergency Disclosure pathways
  13. Conduct CCTV canvas around missing person's last phone location within 72 hours; ensure daily briefings between investigators and land search coordinators with adequate continuity
  14. Youth Tourism NSW implement written policy for accommodation providers regarding guests failing to check out: contact attempts within 24 hours, check belongings, report to police if passport or valuables left behind
Full text
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