“It is regrettable that,in Mr Dye’s case,this step was not taken at any time after December 1993 until the inquiry did so in 2023,by which time[the man’s] death and the loss or destruction of relevant records have made it significantly more difficult to pursue this lead.”

Counsel assisting said it was not possible to draw any conclusion about “what role,if any,[the man] played in Mr Dye’s death” and “there was eyewitness evidence that three men were seen standing around Mr Dye,moving him around and then running away”.

The inquiry sent multiple hairs found on Dye’s denim shirt,T-shirt and a piece of paper for forensic testing earlier this year. One hair from his shirt provided a partial DNA profile that had been labelled unknown male B,the inquiry heard.

“It has not been possible to obtain any further DNA markers from that exhibit because of the passage of time,even with current technologies. If this hair had been examined or re-examined earlier,there is a chance that it would have been discovered in a less aged and/or degraded state and would have permitted a more fruitful analysis,” counsel assisting said in written submissions.

Counsel assisting submitted to the head of the inquiry,Supreme Court judge John Sackar,that he consider recommending in his final report that NSW Police monitor DNA databases “with a view to identifying a match to unknown male B”.

“Further recommendations in relation to Mr Dye will be contained in the confidential section of the report,” counsel assisting said.

The inquiry previously heard that the state’s Forensic&Analytical Science Service found two pieces of paper in Dye’s shirt pocket when they were asked to conduct testing this year. This included a Post-it style note bearing a handwritten name and phone number.

“It is clear to the inquiry that these pieces of paper had never previously been found or noticed,” O’Brien said during Tuesday’s hearing. She submitted that “the failure to find these pieces of paper is extraordinary”.

The man whose name was written on the Post-it note told the inquiry that he was not contacted by police following Dye’s death and was not aware of the note until it was shown to him by inquiry staff in March this year,counsel assisting said.

Counsel assisting said the inquiry had “conducted several private hearings in relation to the death of Mr Dye. That evidence will be the subject of a confidential part of the report of the inquiry in due course”.

The inquiry heard Dye was gay or possibly bisexual,and O’Brien said there was “reason to suspect that the attack was motivated by LGBTIQ bias,either in whole or in part”.

The inquiry was due to deliver a report to the governor by August 30. The deadline was extended last week to December 15.

Crisis support is available fromLifeline on 13 11 14.

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