How Caitlin’s alleged abuser gained control of her body and her money after she died

The control Caitlin Thornton’s alleged abuser held over her did not end when she died. Instead, the man once charged with assaulting her had the power to hold her body hostage after death.

Alex Passfield, who was facing serious assault charges against Thornton at the time of her passing, became her legal next of kin, granting him control over her bank accounts and her remains. The charges against Passfield were eventually dropped and nothing was proven against him.

Her family said for five weeks, he refused to release her body, preventing them from holding a funeral.

Thornton’s mother, Kylie Bailey, is spearheading a campaign to change the law, named after her daughter. Her Change.org petition, which has garnered more than 45,000 signatures, calls for police, courts or the coroner to have the power to suspend next-of-kin rights in cases in which domestic violence is a factor.

NSW Attorney-General Michael Daley has written to Bailey, confirming that the government is considering these changes.

Thornton died on International Women’s Day on March 8, 2023, in Passfield’s home in Maitland. Bailey said the pair had split as Thornton sought help through domestic violence agencies, and that she had returned to the property to collect her belongings.

The Coroner’s Court heard that Passfield’s neighbour heard a dispute around midday, according to police records provided to the coroner, and saw Passfield on top of Thornton. A video taken on that day and described in police statements presented before the coroner showed Thornton slumped in a doorway while Passfield threw her items into the street.

The Coroner’s Court heard police were called at least three times that day. The final time they arrived, Thorton was unconscious and rushed to the hospital, where she was later removed from life support.

The coroner has initially ruled her death a suicide and did not make any findings that suggested Passfield was responsible. Passfield was not charged in connection with her death.

Police noted there was a “significant” domestic violence history between the pair throughout their three-year on-again, off-again relationship, perpetrated by both Passfield and Thornton. Thornton was convicted of three charges.

In November 2022, Passfield was charged with assault occasioning actual bodily harm and common assault.

Despite the charges, which were dismissed after Thornton’s death, Passfield became the senior next of kin. Under current legislation, the hierarchy of rights prioritises a spouse or partner over children, parents and siblings.

“If a person doesn’t have a will, it’s nearly impossible to fight [next of kin appointments], unless you go to the Supreme Court,” Bailey said, adding she consulted a barrister who quoted her a $20,000 retainer.

In the days after her death, Passfield sent Bailey a barrage of abusive text messages – seen by this masthead – as she attempted to collect Thornton’s items and organise her funeral.

Bailey said Passfield refused to release Thornton’s body.

“About five weeks after she passed away, he agreed to release her, and we got to have a funeral,” she said. Thornton’s funeral was held on April 24, six weeks after her death.

Bank records reviewed by this masthead showed that a week after Thornton died, her remaining funds were transferred from her account to an account linked to Passfield. Bailey alleged some of those funds included Thornton’s family violence crisis payments, and that Passfield also took gift vouchers issued to her by a family violence centre.

“He didn’t inherit much monetary value – I think it was more about the control,” she said.

After Bailey provided the coroner with additional evidence, in December last year, the coroner directed that a police advocate make further enquiries into Thornton’s death.

Passfield is serving a two-year sentence for domestic violence assault and stalking relating to a separate former partner. Since Thornton’s death, he has been convicted of more than a dozen domestic violence-related offences.

A December 2023 review into the Coroners Act recommended that coroners be able to appoint a next of kin where they consider the statutory senior next of kin to not be appropriate.

“This is a distressing situation for Caitlin’s family,” a spokesperson for Daley said.

“The attorney-general is considering [the recommendations] closely.”

Anyone needing support can contact 1800 RESPECT (1800 737 732), National Sexual Abuse and Redress Support Service 1800 211 028, Lifeline 13 11 14, and Kids Helpline 1800 55 1800.

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