A PRIME murder suspect in the disappearance of missing Pyramid Hill woman Krystal Fraser, has refused to give evidence at a coronial inquest - on the basis that it may incriminate him.
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Peter Jenkinson, of Gunbower, entered the witness stand on the sixth day of the inquest and immediately made an application not to have to speak or answer questions.
A lawyer acting on Mr Jenkinson's behalf, confirmed that he had a "prior sexual relationship" with Ms Fraser and had given three separate police statements and had nothing he wanted to add.
Coroner Katherine Lorenz said she could offer Mr Jenkinson a certificate that would exclude anything he said at the inquest from being used against him later.
However, before proceeding, she asked the counsel assisting her investigation, Fiona Batten, whether she should excuse Mr Jenkinson from speaking.
"There is a proper basis for Mr Jenkinson to have real concern that any answer he may give in evidence in inquest might tend to prove he committed the offence of murder," Ms Batten said.
"Mr Jenkinson has been named as the primary suspect by Victoria Police."
Ms Batten said it was "not in the interest of justice" for Mr Jenkinson to give evidence at the inquest.
"The matters about which it is proposed Mr Jenkinson give evidence are the subject of an ongoing homicide investigation in which (he) is the primary suspect," she said.
"And - as I understand the evidence from the police - the only suspect.
"Other persons of interest have been discounted and although the investigation is ongoing no other person has been named in the course of the police evidence."
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Ms Batten said that if Mr Jenkinson, who is aged in his in 50s or 60s, was pushed to give evidence, the questions put to him at the inquest would likely be the same ones asked at a trial.
"The potential charge of murder is the most serious under the Crimes Act," she said.
"In a criminal trial Mr Jenkinson can invoke the right to privilege against self incrimination. However, if he is required to give evidence to this court - that privilege will potentially be lost."
Ms Batten said police believed Mr Jenkinson had been the mystery caller ringing Ms Fraser from a payphone at Leitchville in the weeks leading up to her disappearance and on the night she vanished.
"The police have outlined a number of reasons for viewing Mr Jenkinson as the primary suspect," she said.
"These include that Mr Jenkinson stopped contacting Ms Fraser from his landline or mobile on the 13th of May 2009.
"Ms Fraser started receiving calls from the Leitchville phone box on the 14th of May 2009."
The inquest had earlier heard that the pair had exchanged more than 2200 "contacts" on the phone in lead up to May 13, 2009.
"The evidence from police is that is the most suspicious and unexplained part of the investigation," Ms Batten said.
"Nobody has admitted calling Ms Fraser from the Leitchville phone box."
Ms Batten said that Mr Jenkinson had told police he had spoken to Ms Fraser on the phone while she was at the Bendigo hospital in the week before she disappeared. Coroner Katherine Lorenz said she would not compel Mr Jenkinson to give evidence.
"I'm satisfied that there are reasonable grounds that there is a risk that your evidence, Mr Jenkinson, may tend to prove the commission of an offence or offences against Ms Krystal Fraser," she said.
The lawyer at the inquest representing Mr Jenkinson said that her client had co-operated with the police investigation. She said police had searched his property three times and seized his vehicles, computer hard drive, work diary, firearms and ammunition.
The GPS tracking in his ute had been retrieved and his bank records and work books handed over. However, despite biological testing and e-crime analysis "and nothing of evidentiary value had arisen" from those.
Detective Senior Constable Brett Thexton, from the witness stand, confirmed the objects had been examined and no evidence had been found. Det Snr Const Thexton said police had dismissed theories that Ms Fraser may have cut-off all contact with friends and family or had died as a result of relationships with drug dealers turning sour.
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