The mum of two boys who died in a horror car crash earlier this year had visited their alleged killer a day before, the boys’ father has claimed in documents filed as part of their ugly court battle.
More than six weeks have passed since Sheldon, 6, and Shane Shorey, 7, were allegedly killed by an unlicensed driver at Wellington, in NSW central west, on January 5, but still their bodies remain unburied.
Their parents Shayleen Frail and Joseph Shorey faced off in the NSW Supreme Court on Wednesday, unable to agree on whether to bury or cremate the two young boys.
In the aftermath of the crash, Daily Mail Australia revealed that two surviving children told NSW Police that Ms Frail was on her way to meet Jacob Steven Donn – the man charged with killing her kids – when his red car lost control and hit them.
As part of their ugly battle, Mr Shorey filed an affidavit that referenced claims by one of the children that Ms Frail had visited that same man in ‘a red car’ just a day before the crash.
Shayleen Frail, whose two boys were killed in a horror car crash at Wellington, NSW, on January 5, had allegedly met up with the driver charged over their deaths a day before the crash, court documents filed as part of a bitter dispute with her ex-partner and the children’s father reveal
Joseph Shorey (pictured) claimed in an affidavit that a child who survived the crash that killed his sons Sheldon, 6, and Shane Shorey, 7, (both pictured) told police that on January 4, the day before the crash, they went to meet a man in the ‘red car’. Jacob Steven Donn was driving a red Holden when he allegedly hit and killed the children
‘(The child) says when they got to the pool, Shayleen walked them past the pool and said, “I need to see my friend in the red car”,’ Mr Shorey’s affidavit reads.
‘Mark said he could see a “red car” further up the road. He said he saw a red car parked and that it started to move and was driving “silly”. It then came towards them.
‘He also says that Shayleen had met the man in the “red car” the day before when they were at the park. The car that him them was red.
‘(The child) has provided a statement to the NSW Police.’
Ms Frail knew both Donn and his girlfriend Glenys Honeysett, having all grown up in the small country town, and would regularly chat on Facebook.
Initial reports in the aftermath of the crash suggested Ms Frail and the group of four children had just left the Wellington Aquatic Centre.
But workers at Wellington Aquatic Centre have corroborated they had not yet been to the pool that day.
The crash happened on Warne Street, just outside the unit block where Donn and Ms Honeysett lived.
It is not alleged Ms Honeysett was involved in or did anything wrong in relation to the crash.
NSW Police allege that in the lead up to the crash, Donn was performing burnouts on Warne Street.
Donn (pictured) was charged dangerous driving occasioning death and two counts of failing to stop and assist after an accident. He was also charged with possessing a prohibited drug.
According to Mr Shorey’s affidavit, Ms Frail allegedly met the man at a park in Wellington – believed to have been Cameron Park, in the town’s centre
Donn was allegedly doing burnouts in the moments before he lost control of his car and ran into Ms Frail and four children on Warne Street, in Wellington, on January 5 (Pictured is the crash scene)
Donn was charged dangerous driving occasioning death and two counts of failing to stop and assist after an accident.
He was also charged with possession of a prohibited drug.
In her affidavit filed with the court, Ms Frail admitted under a section titled ‘History of My Drug Use’ that she was a regular drug user.
‘I acknowledge that I have a long history of drug use. I have been on the methodone program on and off for around ten years. I am still on this program,’ it read.
‘I smoke pot most nights. I do not smoke pot during the day. I have also used heroin a few times.’
The mud-slinging match between the two parents was rendered irrelevant by Justice John Sackar who said ‘this isn’t the appropriate forum to determine factual matters’.
The sad turn to the tragic story that shocked Australia will come to a close next week when Justice Sackar hands down his decision on the bitter parental feud.
Ms Frail wants her boys to be buried close to her in Wellington.
Mr Shorey and Ms Frail are battling in the NSW Supreme Court over whether their two boys are cremated or buried. Mr Shorey, who now lives in Queensland, wants them cremated so that he and Ms Frail can feel close to them (A devastated Mr Shorey is pictured at the crash scene back in January)
Mr Shorey lays a hand on the broken black fence where Donn’s red Holden allegedly ploughed into the group
The boys’ father Joseph Shorey (pictured in blue) made an emotional visit to the scene a day after the crash, having driven through the night from his Queensland home
Mr Shorey, who now lives in Queensland, wants his sons to be cremated so that both parents, and the boys’ other siblings, can feel close to Shane and Sheldon.
Ms Frail’s barrister Brendan Jones told the Supreme Court on Wednesday cremating her sons was not in line with Aboriginal culture.
‘I believe that cremation is more suffering for the boys after death,’ Ms Frail’s affidavit read.
‘I am very scared that if they are cremated that another tragedy can take place and somehow, we lose the remains for example a house fire or break and enter, and that we will not have any possession or remains of the boys after death.’
Mark Anderson, appearing for Mr Shorey, told Justice Sackar that evidence given by Aboriginal elders was that in some communities cremation is a ‘regular occurrence’.
‘Cremation is part of Aboriginal culture and the evidence… is that cremations regularly occur,’ he told the court.
Sheldon (left) and Shane Shorey (right) remain in a morgue as their parents battle it out in the NSW Supreme Court over what to do with their bodies
Ms Frail was looking after her boys for 10 days when they were killed. They usually lived with Mr Shorey in Queensland, but had come down after Christmas to visit her and their relatives
‘(It allows for) both parents to be able to mourn the loss of these two children in a culturally sensitive way.’
Justice Sackar told the court he understood the complexities of the case but would reserve his judgement until next week.
‘I fully appreciate everybody’s grief and it is incumbent on me to move this matter on,’ he said.
‘I will give my decision very early next week and no later than the middle of next week.’
Jacob Steven Donn is next due to return before Dubbo Local Court on March 10.