ClaremontSerialKillings9

Claremont Serial Killings Investigation insider speaks out

of plot to have Bradley Robert Edwards murdered

 while in prison waiting his trial as

 the publicly Accused Claremont Serial Killer … 
" it is my understanding that the plan is to make Bradley Edwards' murder look like a suicide..
this has been done before … then all the unproven claims made by
 Western Australian DPP Prosecutor Carmel Barbagallo in the court prior to the trial and repeated in the media all 
over the world will be believed unquestionably by the general public, 
who will then blame Bradley Robert Edwards for many of the other missing and murdered women in Perth Western Australia during the 1980's and 1990's ..
 and as far as the general public is concerned all these abduction and murder cases will have been solved....
…. with Bradley Robert Edwards being believed by the general public to be the Claremont Serial Killer …
without the Western Australian Police or the Director of Public Prosecutions and their head prosecutor Carmel Barbagello …..
 having to prove in court any of the serious allegations made against Bradley Robert Edwards ….
by DPP prosecutor Carmel Barbagallo at the bar table in the Surpreme Court of Western Australia.... game set and match.. 
also an expensive trial which could cost the Western Australian Government up to $200 million dollars will not have to be held...
the reality of the situation for the Western Australian Government, the Western Australian Police, the Director of Public Prosecutions for Western Australia  
and all the powerful people involved in the Claremont Serial abductions and murders in one way or another and helping to cover up those involved in the
Claremont Serial abductions and murders ..
can not afford to have a situation where Bradley Robert Edwards is found not guilty on the abductions and murders of Sarah Spiers, Jane Rimmer and Ciara Glennon...."

Another serious questions that need to be asked and answered which are  asked and answered in the book ...

"The Darkest Side of Perth, Western Australia"
is that ... "if Bradley Robert Edwards was arrested and found guilty of a serious sexual assault ..

The court heard he was working at the hospital as a Telstra technician and attacked a social worker, described as being a woman in "mature years", as she sat in a chair.
He tried to 

He tried to put a piece of material in her mouth but she kicked him and managed to break free, before cable ties were later found in his pocket.

Ms Barbagallo said Mr Edwards was convicted of common assault and sentenced to two years' probation.



  Read the full story in "The Darkest Side of Perth, Western Australia" 

"The Darkest Side of Perth, Western Australia"  is  currently in the process of being published:
Anyone interested in obtaining a copy of the Collectors Edition of the book..
"The Darkest Side of Perth, Western Australia" 
please email:
The AWN Publishing Manager
AWN News Group
Email: admin@awn.bz





Ex-drug squad head linked to speed sales

https://www.theage.com.au/national/ex-drug-squad-head-linked-to-speed-sales-20050301-gdzozb.html 

The Melbourne Age -  March 1, 2005

The deputy head of the former Victoria Police drug squad sold drugs to criminal gangs, a Supreme Court jury heard yesterday.

Chief Crown prosecutor Jeremy Rapke, QC, said Wayne Geoffrey Strawhorn, 49, made money from trafficking drugs, obtained through unauthorised police purchases, to the Bandidos motorcycle club and the group then headed by the late Lewis Moran.

He said Strawhorn, a police detective sergeant, was intimately involved in operations that targeted the two groups using a "controversial" policy of making controlled drug deliveries to criminals.

The policy involved the simple, but dangerous, practice of infiltrating criminal gangs with police informers or undercover operatives, Mr Rapke said.

He said police could make a 6000 per cent profit on the black market through sales of pseudoephedrine, used in the manufacture of amphetamines.

Normally, the drug was sold to criminals in the form of thousands of cold and influenza tablets.

Mr Rapke said police could buy pseudoephedrine for $170 a kilogram, and sell it on the black market for $10,000.

But Mr Rapke said a pure form of pseudoephedrine was sold to the Bandidos and Morans in unauthorised transactions under Strawhorn's direction.

He said police had recognised that pure pseudoephedrine was an inherently dangerous chemical.

He said it was thought to be totally inappropriate to have a controlled delivery of the drug except in the most controlled circumstances. Mr Rapke said the aim of authorised deliveries was to uncover secret laboratories used to make amphetamines, and locate those involved in the illicit drug trade.

"Selling at black market prices guaranteed enormous profits for the police involved and (provided) potential for corruption," he said.

Strawhorn has pleaded not guilty to five counts of trafficking pseudoephedrine, one alleged to be in a commercial quantity, between October 28, 1999, and May 19, 2000. He has also pleaded not guilty to making a threat to kill a police officer who was investigating police corruption.

Mr Rapke said the five transactions at the centre of the trial before Justice John Coldrey were unauthorised and illegal.

He said it was alleged a police colleague, at Strawhorn's direction, obtained 5.5 kilograms of pure pseudoephedrine in five transactions with the drug company. One police informer sold 3.5 kilograms of pseudoephedrine to the Bandidos, while two other informers sold 2 kilograms to Lewis Moran's son, Mark, who was later murdered.

Mr Rapke said evidence would be called that Strawhorn had made money out of the drug trafficking, but it was difficult to ascertain the full extent of his earnings.

"The accused's expenditure exceeds by a sizeable amount his known and identifiable source of income," Mr Rapke said.

He said Strawhorn, when under suspicion, spoke with one informer involved in the Moran transaction. Strawhorn told the informer to tell his colleague that if he was interviewed, the Moran transaction "didn't happen".

Strawhorn allegedly wore a concealed recording device when he asked another informer "Dorothy Dix" questions to have him deny that he (Strawhorn) was involved in corrupt activity.

Mr Rapke said Strawhorn, in March 2003, made comments that his police career was over, and he would have to kill an anti-corruption investigator because it was the only way he would get satisfaction.

The trial continues.

 


Good cop, bad cop: how corrupt police work with drug dealers

The Converstion April 4, 2012 

http://theconversation.com/good-cop-bad-cop-how-corrupt-police-work-with-drug-dealers-6271

Richard Roxburgh played corrupt NSW Police detective Roger Rogerson in the ABC miniseries Blue Murder. 


Shamed senior police officer Mark Standen is lead away from King St Supreme Court

after being found guilty of attempting to import a massive haul of pseudoephedrine.

Australia 21 Report

http://www.australia21.org.au//publications/press_releases/Australia21_Illicit_Drug_Policy_Report.pdf

The Australia 21 report on illicit drugs draws much-needed attention to many serious issues, including the major role played by corrupt police in drug distribution networks.

The role played by drugs in police corruption is complex, and bears consideration when evaluating the report and arguments for a change in policy.

The connection between the illegal drugs markets and police corruption is well known. Booms in illegal drug markets in the US in the 1990s, for example, corresponded with a rise in police corruption and violent misconduct.

Similar connections between drugs and police corruption are found in many countries, and Australia is no exception, as demonstrated by the recent conviction of Mark Standen.

Illegal regulation

There are two common situations in which officers abuse (or choose not to use) their power in such a way as to benefit from the drug trade, each of which is often rationalised as an attempt to at least do something about the problem of illicit drugs - a form of “illegal regulation”.

The first of these is the theft of drugs or money from drug dealers.

When police officers are tasked with policing the prohibition of illicit drugs, first-hand experience leads many to believe they are unable to eliminate the industry, or that the people they steal from are unlikely to be arrested or convicted.

In this context, police officers in the UK, the US and Australia have justified stealing from drug dealers as a kind of tax or charge - an attempt to try and make it harder for dealers to do business.

The second common kind of police corruption is “green-lighting”, whereby police agree to turn a blind eye to dealers or groups that adhere to certain rules (e.g. no violence, no selling drugs to children).

his often used with the professed intention of creating a level of control over the drugs trade. Anyone who has seen the ABC TV series Blue Murder will be familiar with the events uncovered by the New South Wales Independent Commission Against Corruption’s Milloo Inquiry, which alleged that criminal Arthur “Neddy” Smith’s activities had been green-lit by officers including the former detective Roger Rogerson, and that police officers sometimes even assisted Smith in the commission of crimes.

Fans of US TV show The Wire will recall “Hamsterdam”, the free zone where drug dealing was allowed on the condition that the drugs or violence did not spill onto other streets.

The reality is less noble-minded or contained; in New South Wales, for example, green-lighting of different groups by different officers created increasingly organised territorially defined cartels, and did nothing to stop the growth of the drugs trade.

It’s all in the game

Apart from any rationalisation for their behaviour as having some kind of noble cause, officers in these situations also face substantial material incentives.

In the market for drugs the high levels of inelastic demand (particularly in the case of highly addictive substances) and high prices create an very lucrative industry, and officers involved in extorting or protecting dealers can make substantial sums doing so.

One New York police officer made ten times his annual salary in protection money from drug dealers - so much that he often forgot to collect his legitimate pay.

Tackling these problems requires considering the incentives that officers face to engage in corruption, not just weeding out the odd bad cop. Despite the persistence of “bad apple” explanations of police corruption, many officers who are found to be corrupt often began as officers with a good, clean record of successful work.

Draining the swamp

While there may, of course, be bad individuals, of greater concern is that all officers are working in a “bad barrel” or “bad orchard” which is itself a corrupting influence.

The fact, then, that more officers do not become entangled in such activity is a credit to their integrity.

Any policy response to the issues raised in the Australia 21 report should take care to ensure it has a real effect on the market for drugs and that it makes it easier for such officers to maintain that integrity by considering the ramifications for police corruption.


Mark Standen found guilty at drugs trial

https://www.smh.com.au/national/nsw/mark-standen-found-guilty-at-drugs-trial-20110811-1inr7.html 

Mark Standen found guilty at drugs trial
August 11, 2011

Former NSW crime fighter Mark Standen has been found guilty of plotting to import 300 kilograms of pseudoephedrine into Australia.

Standen, 54, was also found guilty of taking part in the supply of 300 kilograms of the substance, which is used in the manufacture of illegal amphetamine drugs, and guilty of conspiring to pervert the course of justice.

After a trial that began in March, the NSW Supreme Court jury retired on Monday afternoon and delivered its verdicts today.

Standen, a former assistant director of investigations for the NSW Crime Commission had denied conspiring with drug trafficker turned informant James Kinch and food wholesaler Bakhos "Bill" Jalalaty, between early 2006 and June 2008, to import pseudoephedrine, used to make speed and ice.

He also denied the charges of supplying pseudoephedrine and perverting the course of justice.

The Crown alleged Standen's desperate financial plight led to his involvement in the crimes.

Standen, who appeared ashen when he was led into the dock, did not show any emotion when the guilty verdicts were handed down.

Before being led away, Standen exchanged a few words with his two brothers who had regularly attended his trial.

Justice Bruce James commended the 11-member jury, saying he knew they had all experienced hardship during the trial.

He said they had been told that the trial was expected to last for 14 weeks but it had run for almost five months.

"I know that at least one time during the trial you thought the trial might last indefinitely," he said.

He would recommend that all the jurors be permanently exempted from future jury service, he said.

Standen's sentencing hearing will be mentioned before the judge on September 1.

AAP and Geesche Jacobsen

Mark Standen is led away from the NSW Supreme Court after being found guilty of involvement in a drug importation   




Victorian police sold illegal drugs, corruption report finds

Commission finds police used ice, cocaine and ecstasy, met with traffickers and joked about their own drug use

https://www.theguardian.com/australia-news/2016/dec/13/victorian-police-sold-illegal-drugs-corruption-report-finds 

 The Independent Broad-Based Anti-Corruption Commission says there are systemic deficiencies in Victoria police’s illicit drug prevention and detection 

Victorian police sent each other joking texts about their drug use, while one was building a “sophisticated drug syndicate”, the state’s anti-corruption investigation has found.

Police partying on ice, cocaine and ecstasy would meet up with known traffickers, peddle drugs themselves and return positive tests, the report by the Independent Broad-Based Anti-Corruption Commission said.

The report takes in three investigations into claims of drug possession, trafficking and use by police since 2014 and says allegations against eight officers have been substantiated.

Operation Apsley revealed a group of police were using drugs regularly in their social lives, including one who used cocaine “most days” for four months last year.

The officer, known as Senior Constable A, and a friend, Senior Constable B, used and trafficked drugs and were “cavalier about the safety risks”, the report says. Both told Ibac they would not work if affected by drugs but messages between them refuted these claims, including the following exchange after a night out using cocaine.

Senior Constable A: “Feeling slightly average but okay. Gonna be a long shift. Rad night.”

Senior Constable B: “Kill me, I wanna lay down.”

Another senior constable messaged a civilian associate about putting MDMA powder into capsules and got the reply: “Now that you run a sophisticated drug syndicate you will be ... essstremely bizzy.”

Two other Ibac operations also exposed regular drug use. One that focused on a constable led to that officer’s brother being arrested by federal and interstate police on alleged drug offences.

Ibac said the substantiated allegations against eight officers were likely to be just “snapshots of a more widespread and serious problem for Victoriapolice”.

Of those eight officers, two were charged with giving false evidence, misleading or attempting to mislead Ibac and inciting a witness to mislead Ibac, and one was charged with criminal drug offences. One has been dismissed, three have resigned, three are suspended and one returned to work after an admonishment notice.

Ibac concluded there were systemic deficiencies in Victoria police’s illicit drug prevention and detection.

“Police officers cannot be selective in choosing which criminal laws they will obey,” Ibac commissioner Stephen O’Bryan QC said. “While most of the police officers investigated were aware they were engaging in illegal conduct, they rationalised their off-duty criminality as being separate to their obligations as police officers.”

Victoria police’s alcohol and drugs policy says illicit drug use is not tolerated but there was ambiguity about the consequences, Ibac said.

The Police Association secretary, Ron Iddles, denied there was a systemic drug problem within Victoria police but conceded the eight instances didn’t come as a “total shock”.

“Our members are susceptible to more pressure and stress than the average member of society,” Iddles said.

He said the report showed health and wellbeing services available to Victoria police’s 15,000 members needed to be improved.

Police accepted the recommendations and were reviewing their practices and policies, a Victoria police spokesman said.

A progress report is due on 30 June and Victoria police must provide Ibac with a final report by 30 June 2018.

The police minister, Lisa Neville, said drug use had “no place” within the force.

“This investigation related to a small group of police officers and Victoria police has since taken appropriate action through criminal, disciplinary and management interventions,” she said..

Brother of accused Claremont serial killer

Bradley Robert Edwards 

breaks his silence about

the horrific abductions and murders


https://www.msn.com/en-au/news/australia/brother-of-accused-claremont-serial-killer-bradley-robert-edwards-breaks-his-silence-about-the-horrific-abductions-and-murders/ar-BBUh3tE

Aidan Wondracz- 2/03/2019

The brother of accused serial killer Bradley Robert Edwards insists his sibling is innocent. 

Mr Edwards - a 50-year-old suspected of being the Claremont serial killer - is preparing to fight a string of murder and rape charges dating back to the late 1980s to the mid 90s.

His younger brother in the meantime penned an email to The Weekend West to say the family of the accused was behind him every step of the way.

'My brother is innocent and ... this will be made evident as the case unfolds,' the email read.

The brother of accused serial killer Bradley Robert Edwards (pictured) has broken his silence to defend his sibling's innocence

The immediate family has visited Mr Edwards in prison and spoken to him at every opportunity.

Though, they have been given legal advice to stay away from his court appearances. 

Mr Edwards is accused of attacking an 18-year-old girl in her Huntingdale home in Perth in 1988 and allegedly raping a 17-year-old girl in Karrakatta Cemetery in 1995.

Police also allege he is responsible for the abduction and murder of Sarah Spiers, Jane Rimmer and Ciara Glennon from the upmarket Claremont suburb between January 1996 and March 1997. 

Mr Edwards was arrested in December 2016 after forensic evidence allegedly linked him to the attacks.



The Supreme Court heard while Mr Edwards denied all the allegations brought against him in a six-hour interview with police, he failed to explain certain facts (pictured, Sarah Spiers)

At a pre-trial directions hearing last week, it emerged the prosecution wanted to use the DNA or fingerprint traces to connect Mr Edwards with the series of crimes.

The Supreme Court heard while Mr Edwards denied all the allegations brought against him in a six-hour interview with police, he failed to explain certain facts.

That is, he was unable to explain why traces of his DNA was found on a Kimono linked to the Huntingdale attack and also on two of his alleged victims.

He also couldn't explain why his fingerprints were found on a door of another Huntingdale home following an attempted break-in, the court heard.

  

Added to the list of the allegations is the abduction and murder of Sarah Spiers, Jane Rimmer (pictured)

and



Ciara Glennon from the upmarket Claremont suburb between January 1996 and March 1997



At a pre-trial directions hearing last week, it emerged the prosecution wanted to use the DNA or fingerprint traces to connect Mr Edwards with the series of crimes (pictured, Ciara Glennon)

Supreme Court Justice Stephen Hall noted the details brought to light during the pre-trial hearings were allegations - no evidence had been presented as of yet. 

Barrister Paul Yovich said important questions had to be answered in relation to the forensic evidence.

'The question ... is, in each case, is it the accused’s DNA ... and if so, how did it get there?' he told the court. 

'With count eight (Ms Glennon’s murder), are there other possibilities ... innocent contact, adventitious match or contamination in the collection or testing process?'

Mr Edwards is due back in court on March 20.

 The Supreme Court heard while Mr Edwards denied all the allegations brought against him in a six-hour interview with police, he failed to explain certain facts (pictured, Sarah Spiers)


"Devils Garden ....The Darkest Side of Perth"



A new film is being produced called "Devils Garden... The Darkest Side of Perth", which will publicly expose that Police Corruption in Western Australia ran rife from  the 1950's to 2016 and continuing, with a corrupt section of police being involved in committing crimes, in condoning criminal activity and protecting certain people from being investigated and prosecuted for crimes that they committed... there were people like the late billionaire building magnate, Len Buckeridge who were given the green light to commit what ever crimes they wanted, including murder, assault, rape fraud, robbery etc.. these people were given what they called 
"the Green Light" by Police to commit whatever crimes they wanted without fear of investigation or prosecution ...

There is also a new books coming out this year  "Living Next Door To A Psychopath" and "The Darkest Side of Perth" and a previous book called "Devil's Garden"ISBN: 978174664669 published by Random House in 2007 by  well known Queensland Crime writer Debi Marshall with an in depth investigation into the Claremont Serial Killings and various miscarriages of justice in Western Australia policing and prosecution... and the controversial series of books  entitled "The Triumph of Truth ( Who Is Watching The Watchers?) written in the 1990's which were illegal and clandestinely removed from the Western Australia Alexander Resource Reference Library in about the year 2000, which the film "Devils Garden... The Darkest Side of Perth" takes material from .....
The 1960's American TV Police and Crime Series Called Dragnet used to say at the beginning of each episode ... " These are true stories from Police and FIB files, however the true names have been changed to protect the innocent..."
The film  being produced called "Devils Garden... The Darkest Side of Perth",  is a set of true stories about  police and prosecutors in Perth, Western Australia being involved in committing crimes and covering up for criminals who have committed serious crimes, and deliberately charging people who they know have not committed the crime they have been charged for ..... which  will leave all the true names  exposed and shame the guilty ....
One of the producers of the film "Devils Garden... The Darkest Side of Perth" stated .....

 "... there seems no doubt that the Western Australian Police are not going to properly investigate and charge the real Claremont Serial Killers and those that helped carry out these most serious  crimes and covering up those responsible for such serious crimes .... so the film will in effect bring the truth to light so at least the parents, families and friends of the victims and the general public can get to know the truth.... the problem is that a proper police investigation and inquiry would lead investigators too close to their own ranks and powerful business people and politicians who were either involved or know who are involved and are prepared to help cover the truth up..."

One of the producers of the film "Devils Garden... The Darkest Side of Perth" further stated .....

".... the NYT.bz investigation report into the Claremont Serial Abductions and Killings which we are using as part of the information supporting the story presented in the our film shows clearly that the arrest and the $200 million plus cost of the prosecution of Bradley Robert Edwards as the alleged sole Claremont Serial Abductor and Killer, who, without any help or protection from others ....  is to satisfy the general public that the Claremont Serial Killer has been caught, and that there is no need to look any further for anyone involved in the Claremont Serial Abductions and Killings ..... regardless of any possible alleged involvement of Bradley Robert Edwards  in the Claremont Serial Abductions and Killings ....... which is extremely doubtful from the information we have seen so far..... they is no doubt that other more powerful  and well connected people in Perth, Western Australia .,. including Western Australian Police have been involved in  the Claremont Serial Abductions and Killings and also the covering up of the the real truth behind  the Claremont Serial Abductions and Killings ...... our film will attempt to set the public record straight ..... we are expecting threats on our lived#s for producing this provocative film .... and or legal action to try and stop it been shown to the public ... however ... regardless of these expected reactions the film has to be made and the truth has to be told to the public ..... it seems that not even the solicitors and barristers representing Bradley Robert Edwards are interested in knowing the truth that will help in defending their client Bradley Robert Edwards who has been charged and accused of the Claremont Serial Abductions and Murders  "

Waiting list for copies of the Collectors Edition of new book titled
"The Darkest Side of Perth, Western Australia"  is  currently in the process of being published:

Anyone interested in obtaining a copy of the Collectors Edition of the book..
"The Darkest Side of Perth, Western Australia" 
please email:
The AWN Publishing Manager
AWN News Group
Email: admin@awn.bz



Pornography evidence not allowed at trial of alleged Claremont serial killer Bradley Edwards

By Joanna Menagh

Updated 20 Mar 2019, 

The Claremont serial killings


Three young Perth women disappeared in the mid-1990s. Two decades later, a man faces court.  

RELATED STORY: How prosecutors will argue an awkward teen became the Claremont serial killer

RELATED STORY: Explicit story about 'blitz attack' on girl found on alleged serial killer's computer

RELATED STORY: Accused serial killer's prior conviction for attack on woman revealed in court

RELATED STORY: 'Extreme' porn raised in dramatic start to Claremont serial killer hearing

Evidence of "graphic and ext

Key points:

  • Justice Stephen Hall says the pornography evidence is not relevant to the trial
  • Evidence about a prior conviction and the "Telstra living witness project" will be allowed
  • About 580 witnesses are set to be called in the nine-month trial

Evidence of "graphic and extreme" pornography found on a computer seized from the home of

 alleged Claremont serial killer Bradley Edwards is not admissible at his trial, a judge has ruled.



Prosecutors had argued last month that the evidence, which included a pornographic movie and explicit stories about the rape and abduction of women, should be allowed at the trial, to show Mr Edwards had an interest in sexually attacking women.

However, in a complex judgement, Supreme Court Justice Stephen Hall has ruled the evidence — discovered on a computer at Mr Edwards's home almost 20 years after his alleged crimes — was not relevant.

He said there were several flaws in the state's argument that the pornography was relevant to the offences Mr Edwards was accused of committing.


"I do not accept that it can be assumed that the perpetrator of any of the offences was necessarily likely to have an interest in violent pornography," Justice Hall said.

 "Nor [do I accept] that a person who had such an interest is more likely to have committed these offences."

The judge said it could not be firmly established when the pornography was possessed and created, other than between December 2015 and December 2016.

"Whilst it may be supposed that the activity of collecting and creating occurred over a period of years, it cannot be shown that any of that activity coincided with the commission of the offences, or was even close in time to those events," he said.

Mr Edwards has pleaded not guilty to all charges, including the murders of Sarah Spiers, Jane Rimmer and Ciara Glennon, the three women who disappeared from the streets of Claremont between 1996 and 1997.

He is also accused of sexually motivated attacks on two other women, one inside a Huntingdale home in 1988 and another at a cemetery in Karrakatta in 1995.

'Common features' of attacks on women: judge

Justice Hall has allowed prosecutors to lead evidence about Mr Edwards's 1990 conviction for attacking a senior social worker at Hollywood Hospital, where he was working as a Telecom technician.

"It is true that there are a number of features of the Hollywood Hospital incident that are different to both the Huntingdale and the Karrakatta incidents," he told the court.

"Those differences are relevant but, in my view, they do not detract from the underlying common features.

"Attacking an unknown woman from behind and using a piece of material or cloth in an attempt to prevent resistance are sufficiently similar to give this evidence significant probative value."

Evidence called the "Telstra living witness project" will also be allowed at the July trial.

This evidence details about five instances between 1995 and 1997 when a man, who was either driving a Telecom car or said he worked for Telecom, stopped and stared at young women or offered them lifts in the Claremont and Cottesloe areas.

Defence bid for separate Huntingdale trial rejected

Ruled out of the murder case against Mr Edwards was what prosecutors called the "Huntingdale prowler series".

The evidence relates to allegations he stole items of women's underwear off clotheslines and broke into or attempted to break into houses to commit sexually motivated crimes.

But Justice Hall ruled that evidence could only be used by the prosecution as part of the case against Mr Edwards for the alleged Huntingdale attack. 

He also rejected an application by the defence for the charges relating to that alleged attack to be the subject of a separate trial, unrelated to the three murder charges Mr Edwards is facing.

During Wednesday's hearing, it was also revealed about 580 witnesses are set to be called in the nine-month trial, although both the prosecution and defence lawyers said they would work to try to reduce that number.

Prosecutor Carmel Barbagallo said the trial would start with what she termed "the Edwards brief", dealing with his background, before proceeding chronologically.

Mr Edwards, who appeared via video link from Casuarina prison, was remanded in custody after the hearing until his next scheduled pre-trial hearing on April 24.

 



WA Justice department fined $100,000 over Hakea prisoner crushed to death

AAPThursday, 25 October 2018

https://thewest.com.au/news/perth/wa-justice-department-fined-100000-over-hakea-prisoner-crushed-to-death-ng-b881002271z




Hakea Prison.

THE Department of Justice has been fined $100,000 for its role in the death of a prisoner who was crushed between a truck and a wall at Hakea Prison.

The remand prisoner was cleaning residential units at Hakea prison in 2015 prior to a redevelopment when the truck's right rear swung out and pinned him against side wall of the dock.

The department pleaded guilty in Armadale Magistrates Court to failing to take reasonable care to ensure the safety and health of a person who was not an employee.

WorkSafe WA Commissioner Ian Munns said the agency had a poor workplace safety record over many years.

"Prior to this incident, the department did not carry out a risk assessment to identify the risks created by the tasks, and the briefing given to the working party did not include vehicle movements," he said on Thursday.

"A risk register that identified pedestrian/vehicle interaction as a hazard was in place, but many staff were unaware of the existence of the register."

Mr Munns said between January 2010 and August 2015, WorkSafe inspectors issued 222 improvement notices and six prohibition notices to the department, with 67 relating to Hakea prison.

After the death, the department was issued with an additional 17 improvement notices between August 2015 and August 2017.

It also implemented procedures to reduce the risks of moving vehicles near pedestrians.

Accused serial killer under constant watch

https://www.theherald.com.au/story/5915116/accused-serial-killer-under-constant-watch/

 

Accused Claremont serial killer Bradley Edwards is under constant watch after being injured.

The accused Claremont serial killer is being supervised around the clock, including being watched via CCTV while he sleeps, amid suggestions he harmed his ear using a pencil before a court hearing.

Corrective Services Minister Fran Logan initially said Bradley Robert Edwards, 50, was attacked by another inmate in a Hakea Prison shower block on Monday morning, but later backtracked.

Premier Mark McGowan said on Tuesday there was a miscommunication and Mr Logan provided "what he thought was accurate information" after being in cabinet for about three hours.

Corrective Services Commissioner Tony Hassall said on Wednesday it was not yet clear what happened as a police investigation was ongoing.

Mr Hassall told ABC radio that Edwards, who has refused to say what transpired, was alone at the time and "staff didn't hear anything".

He later confirmed in a statement Edwards had been moved to Casuarina prison and was in a single cell with his own toilet in the crisis care unit, which is monitored 24/7 by CCTV cameras.

"In addition, and for the time being, Mr Edwards will remain under constant supervision by a dedicated officer," Mr Hassall said.

Edwards was taken to hospital after he was found by a prison guard with what authorities described as relatively minor injuries, causing a pre-trial hearing to be adjourned.

The hearing resumed on Tuesday and there were plenty of explosive revelations as prosecutor Carmel Barbagallo outlined propensity evidence that she seeks to be deemed admissible for the judge-alone trial, which is scheduled to start on July 22.

It emerged Edwards could not explain his DNA on the fingernails of one of three murder victims, Ciara Glennon, 27.

Australian Associated Press 

 

 


These type of photo shopped pictures provided and created by the main stream media on their internet websites, magazines, hard copy newspapers and television outlets, help brainwash the general pubic over time, that Bradley Robert Edwards is the person solely responcible for the abductions and murders of Sarah Spiers, Jame Rimmer and Ciara Glennon, a long time before any actual alleged evidence is produced in a court of law to prove the allegations made by the police to the media and the prosecutors, to the court, in their outline of their alleged evidence they have against Bradley Robert Edwards, as being allegedly solely responcible for the abductions and murders of Sarah Spiers, Jame Rimmer and Ciara Glennon.








Then if Bradley Robert Edwards was murdered in Prison waiting for his trial .. regardless of whether the Prison Authorities make his murder look like a suicide, or do not even bother covering up that an another prisoner murdered Bradley Robert Edwards in prison waiting for his trial .... these above photos .... along with all the other media hype by all the main strean media....
that the police and the Director of Public Prosecutions for Western Australia are convinced that they have the evidence that will prove in a fair open trial beyond any reasonable doubt that Bradley Robert Edwards is solely responcible for the abductions and murders of Sarah Spiers, Jame Rimmer and Ciara Glennon ....
will have the general public brainwashed that Bradley Robert Edwards is solely responcible for the abductions and murders of Sarah Spiers, Jame Rimmer and Ciara Glennon ....
and thus the general public will not be concerned at all that Bradley Robert Edwards was murdered in prison .... even before he had a chance to prove his innocense in a fair open trial.
It is a well known principle of English Law, which Western Australian Law is based on .... that any accused is entitled to be treated as innocent of the crime or crimes he or she is accused of prior to be being found guilty at in a fair open trial .... 
It is natural that the general public and those involved in publishing this website, have a right to want and demand that these horriffic crimes are solved, and the person or people responciple for such horiffic crimes committed over 20 years ago in Perth, Western Australia are brought to justice  and are punished appropriately if found guilty at a fair open trial .... however, it seems that the general opinion of the general public and the families of those abducted and murdered .... that the Western Australian Police and the Director of Public Prosecutions for Western Australia have the right man..  just becaue of  the fact that they have finally arrested someone for the abductions and murders of Sarah Spiers, Jame Rimmer and Ciara Glennon .... after over 20 years of spending over $20 million plus dollars on the investigation and are now spending in excess of $100 million dollars on the trial of Bradley Robert Edwards, to do everything possible to convince Justice Stephen Hall to find Bradley Robert Edwards guilty of being the sole person responsible for the abductions and murders of Sarah Spiers, Jame Rimmer and Ciara Glennon ....

The sad thing in all this is that the Western Australian Police and the Director of Public Prosecutions for Western Australia,  and effectively the Western Australian Government  ... and those who are actually involved in the arrest and prosecution of  Bradley Robert Edwards guilty as allegedly being the sole person responsible for the abductions and murders of Sarah Spiers, Jame Rimmer and Ciara Glennon .... have gone too far to turn back ... and thus the Western Australian Police and the Director of Public Prosecutions for Western Australia,  and effectively the Western Australian Government,  and those who are actually involved in the arrest and prosecution of  Bradley Robert Edwards, as allegedly being the sole person responsible for the abductions and murders of Sarah Spiers, Jame Rimmer and Ciara Glennon ...

will now use their unlimited power and unlimited budget paid for by the Western Australia people .. to try and convince Justice Stephen Hall that  Bradley Robert Edwards should be found guilty of being the sole person responsible for the abductions and murders of Sarah Spiers, Jame Rimmer and Ciara Glennon .... even if during the trial and during the continued investigations, evidence comes to light and/or is made available,  that will help point the blame on the abductions and murders of Sarah Spiers, Jame Rimmer and Ciara Glennon on others ... and/or help in various ways convince Justice Stephen Hall that he should bring in a not guilty verdicts on the abduction and murder charges laid against  Bradley Robert Edwards ... because  Justice Stephen Hall feels that the police and prosecution have not satisfied the criminal proof standard of "Beyond Reasonable Doubt".... as in the well known Simpson case .. he was found not guilty of the criminal charge of murdering his wife.... because the jury was not convinced that he was guilty "Beyond Reasonable Doubt" which is the high criminal standard of proof  .... however the Family of his wife sued Mr Simpson through the civil courts and won a civil case against Mr Simpson .. based on the lower civil standard of proof ... " On The Balance of Probabilities"..

What the Western Australia Police and the Director of Public Prosecutions for Western Australia, and in particular the main prosecutor handling the prosecution of  Bradley Robert Edwards.. being prosecutor Carmey Barbargello have to realise and remember ... is that it is their duty and sworn oath to at all times during the investigation, prosecution and trial of Bradley Robert Edwards for the abductions and murders of Sarah Spiers, Jame Rimmer and Ciara Glennon,  and the other charges that Bradley Robert Edwards
has been charged for ... that they have to seek and search for the truth and justice at all times... and if for any reason evidence comes to light that could lead to a not guilty verdicts of any of the charges laid against Bradley Robert Edwards .. or they beleive  at any stage during the investigation and prosecution of Bradley Robert Edwards for the various crimes he has been charged for ...... that there is not enough hard evidence to convince Justice Stephen Hall to satisfy the strict criminal evidence standard of "Beyond Reasonable Doubt" .. then it is their duty to seek out such evidence ... and if needed approach Justice Stephen Hall with the prosecution's new opinion that there there is either new evidence that is available they did not have before, that shows there are others that could be responcible for these horrendous crimes and that Bradley Robert Edwards could not be found guilty with such new evidence ... or that on reveiwing all the massive amount of evidence that has been collected in the over 20 year investigations into the abductions and murders of Sarah Spiers, Jame Rimmer and Ciara Glennon .... that the prosecution now beleive that it is not likely that a fair minded unbiased properly instructed by a trial justice ..... would find Bradley Robert Edwards guilty for the abductions and murders of Sarah Spiers, Jame Rimmer and Ciara Glennon  ...
 .... it may well be the case that the Western Australian Police and  the Director of Public Prosecutions for Western Australia, and in particular the main prosecutor handling the prosecution of  Bradley Robert Edwards.. being prosecutor Carmey Barbargello have evidence against Bradley Robert Edwards that proves "Beyond Reasonable Doubt" ..that Bradley Robert Edwards
is guilty of sexual deviate and/or socially un acceptable sexual behaviour and/or less serious sexual offences, other than murder .... however ... as Paul Yovich, the barrister representing Bradley Robet Edwards has already said on the court ... this does not necessecarily prove "Beyond Reasonable Doubt" that  Bradley Robert Edwards  is guilty for the abductions and murders of Sarah Spiers, Jame Rimmer and Ciara Glennon.

The AWN News Group have evidence on file that well known high profile publicly respected merchant bankers,  and business people, that operate from flash offices in St Georges Terrace, Perth, Western Australia .... have secret rooms in their luxury homes in Dalkeith, Nedlands, Peppermint Grove, Cottesloe and Mosman Park Homes .. that have whips, chains, and special chairs, and various other B and D equipment .. to satify their special sexual needs and desires  ... and hire women at huge cost ....  to come over to their homes when their wives are not at home to help the use such whips, chains, and special chairs, and various other B and D equipment ... to satisfy their special sexual needs and desires ... and have special parties involving such 

 ... such as their wives being at Rottnest Island for the weekend with their children or other social friends ....  are they all possible suspects of being the Claremont Serial Killer just because of having and using such whips, chains, and special chairs, and various other B and D equipment .. and hire woman to come over to their homes to help them use such equipment ..... whips, chains, and special chairs, and various other B and D equipment .. to satisfy their special sexual needs and desires ...  where girls and women are either paid or encouraged in some way or another to come to a party at one of these luxury homes where all forms or drugs, sex and rock and roll take place at wild parties .... with people who attended these wild parties, including senior politicians, well respected business and finance people and including senior and lower level police and polticiians ....

It is noted that the well known God Father of Australia Abe Safron ... known publicly as Mr Sin ...... is known to have had a motel/hotel in Sydney, where he invited senior police and politicians, judges, magistrates and other people in powerful positions.. to attend and partake in all forms or drugs, sex and rock and roll and wild parties at Abe Safron's Sydney Motel ... unknown to them at the time... all their actions and behaviour was secretly filmed .. so when Abe Safron needed to call in a favour from these judges, magistrates, senior police, politicians and other people in positions in society that could help Abe Safron with his business ventures .. some legal and some illegal ... those that Abe Safron approached for such favour would be shown the secret tapes he had made on them...partaking in all forms or drugs, sex and rock and roll taken place at wild parties


PROSECUTOR Carmel Barbagello, acting for the Director of Public Prosecutions for Western Australia ...

 who has been appointed to prosecute Bradley Robert Edwards for ...

the alleged abduction and murder of Sarah Spiers, Jane Rimmer and Ciara Glennon ...

 and other alleged crimes

Prosecutor Carmel Barbagallo has to remember and realise that it is her duty and sworn oath to at all times during the investigation, prosecution and trial of Bradley Robert Edwards for the abductions and murders of Sarah Spiers, Jame Rimmer and Ciara Glennon  and the other charges that Bradley Robert Edwards has been charged for  ...... 
... that she has to seek and serach for the truth and justice at all times... not to seek and push for a murder guilty verdict just for the sake of being the winner and obtaining a successful prosecution to further her legal career and be a hero in the general public's eyes as being the prosecutor who was able to convict the man accused by the Western Australian Police as being the Claremont Serial Killer ...



Defence lawyer Paul Yovich, who is representing Bradley Robert Edwards....

Paul Yovich SC is one of Perth’s most experienced and sought-after defence lawyers, with over 25 years’ trial experience

in murder, sex, drug, fraud, insider trading and cyber-crime trials.

The please note that articles like this in the irish Examiner with head lines such as:

"Court hears Australian man who killed Irish woman 22 years ago was 'depraved individual'..."





with the above photos on the internet from other mainstream news websites ...
will convince the average irish person .. before any actual evidence is present in court... that 
Bradley Robert Edwards was the sole person responcible for the abduction and murder of the much loved Irish/Australian girl Ciara Glennon

  Even though the headline does not actually mention the name of Bradley Robert Edwards .. 
   one only has to read this news article published on the world wide web by the Irish Examiner to know who the man they are talking about is....
  As Supreme Court Justice Stephen Hall rightly stated to the prosecutor Carmel Barbagallo ..

  none of the accusations against Bradley Robert Edwards.....

  made from the bar table under defamation protection in the court room at the last directions hearing ..
   is actual evidence at this stage of the proceedings  and are only unproven allegations.....

   yet this type of artilce implies that this is evidence ...
   and the general Irish as well as others reading this articles all over the world ....

     will believe the prosecution have an open and shut case against Bradley Robert Edwards..

    for the abduction and murder of Sarah Spiers, Jane Rimmer and Ciara Glennon...


Court hears Australian man who killed Irish woman 22 years ago was 'depraved individual'

https://www.irishexaminer.com/breakingnews/ireland/court-hears-australian-man-who-killed-irish-woman-22-years-ago-was-depraved-individual-905877.html 

Court hears Australian man who killed Irish woman 22 years ago was 'depraved individual

 Wednesday, February 20, 2019 -

7 News Wide Bay@7NewsWideBay

New evidence has been heard in the pre-trial directions hearing of alleged Claremont serial killer Bradley Robert Edwards at WA's Supreme Court. @ElleGeorgiou #TheLatest #7News

9:39 PM - Feb 19, 2019

View image on Twitter

The West Australian@westaustralian

LATEST: The prosecution has set out a timeline of events that they say shows an escalation in offending behaviour by accused Bradley Robert Edwards: http://bit.ly/2GzUkKT  #perthnews

New evidence has been heard in the pre-trial directions hearing of alleged Claremont serial killer Bradley Robert Edwards at WA's Supreme Court. @ElleGeorgiou #TheLatest #7News

7 News Sydney

Alleged Claremont serial killer in court

Bradley Robert Edwards appeared in WA's Supreme Court yesterday, as his three-day pre-trial directions hearing began. His trial is due to commence in July.

- Feb 20, 2019

 An Australian man accused of murdering an Irishwoman near the city of Perth 22 years ago has been described as a depraved individual with a fetish for wearing women's clothes.

At a pre-trial hearing in Perth which ended today, prosecutors outlined evidence against Bradley Robert Edwards for the abduction and murder of 27-year-old Ciara Glennon and two young Australian women in the 1990s.

The prosecution alleged that in 1997, Edwards abducted Ms Glennon from the Perth suburb of Claremont and murdered her, before dumping her body, according to a report by ABC News.

Ms Glennon, whose family are from Westport, Co Mayo, disappeared on March 14, 1997, after a night out celebrating St Patrick's Day in Claremont. Her body, which was identified by her parents, was discovered 18 days later in the suburb of Eglington. A post-mortem revealed that her neck had been cut. 

Police allegedly found Edward's DNA under Ms Glennon’s fingernails. The court was also told that fibres found in her hair matched those from a car Edwards had access to at the time of her disappearance.

When Edwards was arrested in 2016, police said they discovered “extreme pornography” at his home. The hearing before the Supreme Court of Western Australia began on Monday after a last-minute adjournment when he was hospitalised with self-inflicted stab wounds obtained in prison just hours before he was due to appear. 

Edwards has pleaded not guilty to a number of charges, including the murders of Ciara Glennon, Jane Rimmer, 23, and Sarah Spiers, 18, who were abducted from Claremont’s entertainment district in 1996 and 1997.

He is also accused of the sexual assaults of two teenage girls in 1988 and 1995.

State Prosecutor Carmen Barbagallo began proceedings by detailing the alleged attacks carried out by Edwards, which she dubbed the “Huntingdale prowler series”. The court heard he had an obsessive interest in abduction and rape.

Ms Barbagallo told the court that the accused stole women’s underwear from clotheslines, including a silk kimono that he wore while sexually assaulting an 18-year-old girl in her home in 1988.

It is alleged that Edwards, who was 19 at the time, straddled the teenager while trying to shove a piece of fabric into her mouth.

Ms Barbagallo argued that Edwards was "an introverted, socially awkward man… who had a long-standing tendency for the collection and wearing of women's underwear". 

She said that pornography and "violent and erotic stories" seized after his arrest, showed he had an "obsessive sexual interest in the abduction, imprisonment and forcible rape of women in degrading and violent circumstances".

Edwards is due to face a non-jury trial on July 22, which is expected to run for nine months.

 

 


Man to go on trial in July charged with murder of daughter of Westport man in Australia 20 years ago




At one point, Justice Stephen Hall noted for the benefit of everyone in the court that what Ms Barbagallo was presenting were "allegations" and not evidence."This is yet to be proven," Justice Hall said. Western Australian Supreme Court Justice stated in the court toMs Carmell Barbagallo who is a Senior Director of Public Prosecutions for Western Australia that …”.. the prosecutions were dealing ‘allegations’ just made at the court bar table by the prosecution under cour proection where no defamation action can be taken by newspapers and the general media if  the media publicly repeats such ‘inproven allegations’ and not evidence at this stage of the court proceedigs.

Added comment made by AWN.bz investigators:  “ we have been involved with reporting and investigating court cases for the last 40 plus years and we have never seen such detailed most and damming unproven unsworn allegations made at the bar table by prosecutors, without any media reporting being restricted of such most serious and damming unsworn allegations against an accused person, some 5 odd months before the planned start of a trial .. which because of the many legal complications in this case will probably not start for 12 months after these  detailed and most damming unproven unsworn allegations made at the bar table by prosecutors, against the accused, Bradley Robert Edwards…. which the Western Australian/Australian and World Media will have a field day in being able to keep repeating in various ways everyday on the world Internet .. so by the time the trial of Bradley Robert Edwards actually starts.. that the generalpublic in Western Australia,  Australia and around the world ..will already have been fully convinced  that Bradley Robert Edwards is the sole lone Claremont Seial Killer... and also will be balmed by the general public for all the other unsolved abductions and murders of women in the 1980's and 1990's in Perth, Western Australia... 

 if his trial ever starts …. as there aleady has been a claim from an inside investigator that there is a high level plan for Bradley Robert Edwards to be murdered in Prison before his trial starts … with the murder of Bradley Robert Edwards publicly claimed by the Prison Authorities as being a suicide.. even if the murder of Bradley  Robert Edwards is accepted to have been a murder by another prisoner's and/or an prison officer/s...

…. there is little chance that after the general public have been already convinced by the prosecution and the world media on thousands of websites around the world … constantly repeating such most serious and damming unsworn allegations made by the prosecution against an accused person … that Bradley Robert Edwards is the Claremont Serial Killer and also responcible for all the other unsolved adductions and murders of females in Perth, Western Australia during the 1980's and 1090's… without any evidence having to be proved in court by the prosecution…. and there is little doubt that the general public will not be upset with any prisoner/s  prison officer/swho were involved in the murder of  Bradley Robert Edwards .. and there is little chance that any prisoner/s or prison officer/s will be charged for the murder of Bradley Robert Edwards …because any witness to the murder of Bradley Robert Edwards will also be either murdered in prison or not be prepared to talk …
The most important thing for justice to be done .. as well as justice seem to be done .. is for the Prison Authorities and the Western Australian Government to make sure that Bradley Robert Edwards is kept in a special separate secure accommodation, where there is not other contact with any other prisoners, with a 24 hour watch to make sure there is no suicide attempts and/or any actions taken by anyone to make it look like a suicide attempts ... and no attempts from anyone to murder Bradley Robert Edwards .... before his trial is over and even after his trial is over ....

.... even if Bradley Robert Edwards is found guilty of any of the more serious charges of murder ... there is no death penalty in Western Australia, and thus, regardless of the claimed moral and legal wrongs and rights of the situation... Bradley Robert Edwards has under Western Australian Law .... has the right to live in safety while in prison .. also their maybe appeals made against any convictions he ends up with at the end of his trial .. and again under Western Australian Law, Bradley Robert Edwards has the right to be protected while he makes such appeals... which may end up with his convictions overturned....
Bradley Robert Edwards would well know that his life would not be safe on the outside of prison, even if he was granted bail ... or escaped from  prison before his trial... so one way of solving the safety issue of Bradley Robert Edwards is to house Bradley Robert Edwards in a safe house, where no one is allowed to know where this is .. except the actual police and security guard in charge of keeping Bradley Robert Edwards secure and safe untill his trial starts abnd during his trial ... remembering that under Western Australian Law .. Bradley Robert Edwards is presumed innocent until proven guilty by a court of law of all charges that have been laid against him by the Western Australian Police Service and regardless of the most serious as yet unproven and unsworn allegations made against Robert Bradley Edwards by senior proscutor Carmell Barbagello, acting on behalf of the Director of Public Prosecutions For Western Australia at the bar table.. not on the witness box under sworn oath by any witness....

..... such safe house should be away from any actual known prison, with three police officers there on 24 hour guard .... living with Bradley Robert Edwards .. with 24 hour security as well, outside the safe house which is chosen for Bradley Robert Edwards to live in...... obviously his defence legal team will have to have 24 hour access to Bradley Robert Edwards .. 7 days a week ... and Bradley Robert Edwards should have what 

every materials, suuport, help, assistance, and equipment he needs to be working on his own defence, to be able to keep advising his defence legal team 7 days a week at any time.... of the day .... and night.... 


for example … in the case of the murder of Graeme John Whateley, aged 28, in Pentridge Prison on November 12, 1994.

See details below:

Further Background on Donald Morey Aka Matusevich 
https://www.websleuths.com/forums/threads/australia-claremont-serial-killer-1996-1997-perth-western-australia-6.318778/page-18

https://news.google.com/newspapers?nid=1300&dat=19750925&id=QuBUAAAAIBAJ&sjid=P5IDAAAAIBAJ&pg=3838,5604554&hl=en

The Age - Sep 25, 1975  

Two convicts found gulty of axe-killing

Two Pentridge prisoners were found guilty in the Criminal Court last night of having murdered another prisoner, found bashed to death with an axe.

Claude Joseph Thompson, 24, laborer, of Gertrude Street, Fitzroy, and Donald Victor Matusevich, 20, cook, of Beachgrove Street, Mornington, were sentenced to gaol for the term of their natural life.

Both pleaded not guilty to charges of having murdered Graeme John Whateley, 28, at Pentridge on November 12, 1974.

Whately was found guilty to charges of having murdered Graeme John Whateley, 28, at Pentridge on November 12 last.

Whateley was found lying on bed with severe head injuries. there also had been an attempt to strangle him.

The Crown alleged that Thompson and Matusevich bashed Whately to death with an axe

The court was told that the three were working as clerks in a hospital ward at Pentridge.

Whateley had been transferred to Pentridge from Ararat and was waiting to be taken to another gaol.

Evidence was given that a prisoner who escaped from Ararat gaol was recaptured soon after with the help of information provided by Whateley.

The Crown alleged that Thompson and Matusevich planned to try to escape and saw Whateley as an obstacle to their plan.

Prison officers told the court that on the night Whately was killed, attempts were made to escape from the hospital ward.

They said a TV set was removed from a wall, attempts were made to bach holes in the ceieling and the toilet wall, and a fireplace unit was removed, apparently to investigate the possibility of getting out via the chimney.

In alleged records on an interview with police given to the court, both accused admitted having killed Whately.

Matusevich gave sworn evidence at the trial that he took no part of the attack.

He (Matusevich) said Thompson went berserk with the axe.

He (Matusevich) said he had no recollection of making the record of the interview because he (Matusevich) took some tablets after the incident.

Counsel for Thompson called two psychiatrists and one psychologist, who gave evidence that Thompson had a history of psychiatric illness and admitted in the past to other crimes he did not commit.

The doctors said that if he had killed Whately. if was possible that he was insane at the time.

After a trial before Mr Justice Murray, the jury of seven women and five men took about eight and a half hours to reach a verdict.

Mr. Philip P.C. Martin prosecuted, Mr. K. H. Marks, QC, with Mr. Mr H. J. casey, appeared for Matusevich, Mr Philip Dunn, with Mr. P.J. Cahill, appeared for Thompson.

https://news.google.com/newspapers?nid=1300&dat=19770913&id=qncQAAAAIBAJ&sjid=YJIDAAAAIBAJ&pg=1893,3347410&hl=en

The Age - Sep 13, 1977 

 Convict cleared of 1974 axe murder

by David Withington

A man last night won his two-year fight and was cleared of the axe killing of a Pentridge prisoner.

"it's been just like a nightmare," Mr. Donald Victor Matusevich, 22 said outside the Criminal Court.

"It's something you can't express in words. I'm just so happy that it's over."

" the last few years have been very hard, knowing that I'm innocent," he (Donald Victor Matusevich) said.

Mr. Donald Victor Matusevich's fight to clear himself began in September 1975, when a Criminal Court jury found him guilty of murder.

He (Donald Victor Matusevich) lost his appeal to the Court of Criminal Appeal but, in July this year (1977), the High Court granted a re-trial.

After deliberating for seven hours, the second jury acquitted him (Donald Victor Matusevich).

Mr. Justice Murphy ordered his (Donald Victor Matusevich) release from Custody as he has completed the sentence he was serving at the time of the killing.

Mr. Donald Victor Matusevich had pleaded not guilty to murdering Graeme John Whately, 28, who was based to death in the Pentridge hospital ward on November 13, 1974.

The Crown alleged he and another prisoner, Claude Joseph Thompson, repeatedly hit Whately over the head with an axe.

On September, 24, 11975, the two were found guilty of murder.

Mr. Donald Victor Matusevich won his High Court appeal on the grounds that he had been improperly cross-examined on his prior convictions and the jury had been misdirected on two points of law.

Thompson had his conviction quashed last year by the Court of Criminal Appeal on the ground that the trial judge, Mr Justice Murray, had misdirected the jury on the law relating to insanity.

He (Claude Joseph Thompson) was found not guilty on the ground of insanity and ordered to be held in strict Custody.

On April 6th, this year (1977) he (Claude Joseph Thompson) was found hanged.

Application for special leave to appeal granted. 
Appeal allowed. 
Order that verdict of guilty of and conviction for murder and sentence thereon by the Supreme Court of Victoria be quashed and in lieu thereof order that the matter be remitted to that Court for retrial. 

In Matusevich v The Queen,[16] Matusevich and his co-accused Thompson were prisoners

Pentridge Jail and were jointly charged with the murder of a third prisoner in their ward. The

deceased had been killed with an axe and Matusevich and his co-accused were the only people

present at the time of the killing. Matusevich was alleged to have admitted that he and his

co-accused killed the deceased but he gave evidence denying the truth of those statements and that

he had no recollection of what he said at the police interview. Matusevich claimed that his

co-accused was a madman who not only killed the deceased but threatened to kill him if he called

for assistance; he was only able to press the alarm button some time after the killing. He said he

had no convictions for offences of violence. Matusevich was wrongly cross-examined in his

murder trial as to his prior convictions for previously escaping from custody, house breaking and

stealing, which the prosecutor suggested were offences of a violent nature.[17] During

cross-examination Matusevich admitted that he wrecked and tried to set fire to premises he broke

into when he was drunk and that he now had no memory of his actions on those occasions. Aickin

J, with whom Gibbs, Stephen and Mason JJ agreed, rejected the Victorian Court of Criminal

Appeal's finding of no substantial miscarriage of justice because evidence of these prior

convictions was "just the kind of prejudicial material that might in this very unusual case have

tipped the balance against him.".[18]

R v Salmon

MATUSEVICH v. THE QUEEN HIGH COURT OF AUSTRALIA Gibbs, Stephen, Mason, Murphy and Aickin JJ.

MATUSEVICH v. THE QUEEN

(1977) 137 CLR 633

22 June 1977

Criminal Law (Vict.)

Criminal Law (Vict.)—Murder—Concert—Capacity to act in concert—Whether sane person can be guilty of acting in concert with insane person—Direction to jury—Evidence—Character and previous convictions of accused—Cross- examination—Accused establishing own good character—Permission of judge required for prosecutor to ask questions tending to show bad character or commission of previous offences—Evidence by one accused against another charged with same offence—Cross-examination by prosecutor—Permission not obtained—Whether Crown may cross-examine as to character or previous convictions where accused gives evidence against co-accused—Substantial miscarriage of justice—Crimes Act 1958 (Vict.), s. 399 proviso (e).

Man to go on trial in July charged with murder of daughter of Westport man in Australia 20 years ago




At one point, Justice Stephen Hall noted for the benefit of everyone in the court that what Ms Barbagallo was presenting were "allegations" and not evidence."This is yet to be proven," Justice Hall said. Western Australian Supreme Court Justice stated in the court toMs Carmell Barbagallo who is a Senior Director of Public Prosecutions for Western Australia that …”.. the prosecutions were dealing ‘allegations’ just made at the court bar table by the prosecution under cour proection where no defamation action can be taken by newspapers and the general media if  the media publicly repeats such ‘inproven allegations’ and not evidence at this stage of the court proceedigs. 

A court has heard that the man suspected of murdering Ciara Glennon 20 years ago in Australia is socially awkward with an "obsessive sexual interest" in abduction.

For the first time, prosecutors in Perth have revealed disturbing details about why they believe Bradley Robert Edwards is the man responsible for abducting and murdering 27-year old Ms Glennon and two other young women in the 1990s.

Ciara's father Denis Glennon is a native of Westport, Co Mayo.

The Irish Independent reports that the pre-trial hearing of the accused, who's from Claremont, Western Australia, began on Monday after its proceedings were delayed on a number of occasions.

Ciara Glennon disappeared on March 14, 1997, after a night out celebrating St Patrick's Day in the Perth suburb of Claremont.

Her body was discovered 18 days after she disappeared in bushland 50km north of Perth and had to be identified by her parents.

The court heard DNA taken from Ms Glennon's body, including from under her fingernails, was consistent with Mr Edwards's DNA.

Fibres in her hair also corresponded with the same fibres found inside Mr Edwards's car.

Bradley Robert Edwards is also accused of murdering 18-year old Sarah Spiers and 23-year old Jane Rimmer in 1996 and 1997.

He previously pleaded not guilty to all charges, which also include raping a 17-year-old girl in 1995 and breaking into an 18-year-old woman's bedroom in her home in 1988.

The court was told that  Mr Edwards was "an introverted, socially awkward man, and that the allegations against him show he had an "obsessive sexual interest in the abduction, imprisonment and forcible rape of women in degrading and violent circumstances".

Following Mr Edwards' arrest in 2016, Ms Glennon's father Denis described the murder charge as a "bitter-sweet moment".

Mr Edwards will go on trial in the Supreme Court of Western Australia in July.


Claremont serial killer accused Bradley Edwards had previous conviction for attacking woman

By Joanna Menagh

Updated 20 Feb 2019,

https://www.abc.net.au/news/2019-02-19/claremont-serial-killer-accused-bradley-edwards-faces-hearing/10823398 

 

PHOTO: Bradley Edwards is accused of killing (from top) Sarah Spiers, Jane Rimmer and Ciara Glennon. (ABC News)

The Claremont serial killings


Three young Perth women disappeared in the mid-1990s. Two decades later, a man faces court.  

RELATED STORY: Accused Claremont serial killer Bradley Edwards hospitalised after prison shower block injury

RELATED STORY: 'Extreme' porn raised in dramatic start to Claremont serial killer hearing

RELATED STORY: Prosecutors to reveal key parts of case against accused Claremont serial killer

 

Key points:

  • Bradley Edwards denies murdering three women in Claremont in the 1990s
  • Prosecutors allege they took his DNA from the body of the third victim, Ciara Glennon
  • Ms Glennon's cause of death was consistent with her neck being cut

Prosecutors have outlined allegations of a "fetish" for collecting and wearing women's underwear, a conviction for attacking a woman in 1990 and a claim of an "obsessive sexual interest in the abduction and rape of women" at a pre-trial hearing for the alleged Claremont serial killer. 

The allegations were detailed in an opening address at a hearing to decide what evidence will be allowed to be presented at the July trial of Bradley Robert Edwards.

Mr Edwards, 50, is accused of murdering Sarah Spiers, Jane Rimmer and Ciara Glennon, who all vanished from the Claremont night precinct in the mid-1990s.

He is also accused of sexually motivated attacks on two other women, one in 1988 and another in 1995.

He denies all the allegations against him.

The 'Huntingdale prowler'

Prosecutor Carmel Barbagallo today outlined areas of evidence the state wished to present against Mr Edwards.

The first category was called "the Huntingdale prowler", which she said included evidence that in 1988, articles of clothing and women's underwear were stolen from clotheslines in the Huntingdale area.

Ms Barbagallo said the state planned to allege Mr Edwards, who was then aged 19, had broken into or attempted to break into houses within a 1-kilometre radius of his family's home, and was seen wearing what were described as silky gowns.

She said those alleged events happened around the same time as an attack of which Mr Edwards is accused, where he allegedly broke into the family home of an 18-year-old woman, unplugged the telephone and tried to attack her.

Ms Barbagallo said it was alleged that at the time of the Huntingdale incidents, Mr Edwards was "an introverted, socially awkward man … who had a longstanding tendency for the collection and wearing of women's underwear".

"It's the state's case he had a fetish for women's underwear and garments," she said.

Ms Barbagallo said the state wanted to use the "Huntingdale prowler evidence" to show that Mr Edwards had a "propensity or tendency to prowl an area" in order to "seize the opportunity to commit offences with a sexual motive".

She said in Huntingdale he prowled on foot, while in Claremont he prowled in a vehicle.

"We say this is the manner in which he does what he does," she said.

"We say this is the manner in which he goes about identifying his victims in Claremont … he prowls in Huntingdale and he prowls in Claremont."

Mr Edwards's barrister, Paul Yovich SC, argued against the admissibility as evidence of particular details of his client's conduct in the "Huntingdale Prowler" allegations.

"Stealing women's underwear in 1988 does not have any relevance to murdering women," he said.

He argued the allegation of Mr Edwards's so-called "prowling tendency" was not established and said while the motivation for the alleged murders "might have been sexual", this was not known.

Prior attack on woman at hospital revealed

Another category of evidence was called the "Telstra living witness project", which centres on allegations Mr Edwards drove around the Claremont and Cottesloe areas in 1995 and 1996 in his Telstra work-issued car and stopped to look at women and offer them a lift.

The court heard he allegedly told one woman "he was looking for damsels in distress like her", before grabbing her and trying to kiss her, but she managed to push him away.

In another alleged incident, a sole male in a white car with a Telstra logo stopped and stared at two women waiting for a taxi, before driving away.

It was also revealed Mr Edwards had a conviction for attacking a woman in 1990, in what was labelled "the Hollywood hospital" evidence.

The court heard he was working at the hospital as a Telstra technician and attacked a social worker, described as being a woman in "mature years", as she sat in a chair.

He tried to put a piece of material in her mouth but she kicked him and managed to break free, before cable ties were later found in his pocket.

Ms Barbagallo said Mr Edwards was convicted of common assault and sentenced to two years' probation.

Accused's DNA linked to victims

The next category was called "the Karrakatta" evidence, which related to charges Mr Edwards was facing of abducting a 17-year-old girl in 1995, taking her to Karrakatta Cemetery and sexually assaulting her.

It is alleged Mr Edwards grabbed the teenager from behind, pushed her to the ground and used a cord with a "pre-prepared, improvised handcuff knot" to bind her hands.

It is also alleged he placed a hood over her head and bound her feet together, before carrying her to his car and driving to Karrakatta Cemetery.

Ms Barbagallo said swabs taken from the victim matched the accused's DNA, which was taken after his arrest in December 2016.

The final category of evidence, called the "Claremont series", was the proposed evidence relating to the alleged murders of Ms Spiers, Ms Rimmer and Ms Glennon, who disappeared from Claremont in 1996 and 1997.

Neck injuries and 'blood-curdling' screams

The court was told Ms Spiers was last seen alive, in January 1996, leaning up against a Telstra bollard after calling a taxi.

Not long after this Ms Barbagallo said "a series of blood-curdling screams" were heard by a resident in Mosman Park.

A witness also claimed to have seen a white or cream car parked on the wrong side of the road, with Ms Barbagallo saying the description of the vehicle was similar to one of the two cars to which Mr Edwards was given access by his employer, Telstra.

The court heard that Ms Rimmer's body was found 55 days after she disappeared at Wellard, south of Perth, where on the same day a witness found a knife with a Telstra logo.

Ms Barbagallo said the knife was a "standard issue" Telstra or Telecom knife that had been issued to employees, including Mr Edwards.

She said two similar knives were found in a toolbox in his car after his arrest in 2016.

The court heard that because of the decomposition of Ms Rimmer's body, the cause of death could not be determined, however she had "defects" to her neck.

It was also revealed DNA taken from Ms Glennon's body, including from under her fingernails, was consistent with Mr Edwards's DNA, and fibres located in her hair corresponded to fibres from the interior of the work car Mr Edwards was allocated at the time.

The car was seized by police in 2017.

Ms Glennon's body was found 18 days after she vanished, and Ms Barbagallo said her cause of death was consistent with her neck being cut.

The court heard that on the night of Ms Glennon's disappearance in March 1997, Mr Edwards had been due to spend the night with friends, but he turned up the next morning and told them he had not turned up because he was trying to reconcile with his then partner

Ms Barbagallo said all the allegations against Mr Edwards, as well as pornography and "violent and erotic stories" seized after his arrest, showed he had an "obsessive sexual interest in the abduction, imprisonment and forcible rape of women in degrading and violent circumstances and/or the performance of sexual acts on them whilst they are incapable of resisting, from which he derives sexual gratification".

She claimed it showed this has "sexual interests were extreme, abnormal and depraved".

She also said boxes had been found at his home after his arrest, which contained women's underwear with holes cut out.

Computer stories had 'striking similarity' to alleged attack

Details were also given of numerous "stories" allegedly accessed, downloaded or contributed to by Mr Edwards and found on a computer at his house. 

Ms Barbagallo said the stories, some of which were called "Chloe's story", "Nicola's story" and "Sophie's story", were about the abduction of women or about having non-consensual sex with women.

She said "Chloe's story" had a marked and striking similarity to what Mr Edwards was alleged to have done to the teenage girl at Karrakatta Cemetery in 1995.

Ms Barbagallo also suggested that the alleged offences were committed during periods of emotional turmoil in Mr Edwards's personal life, saying specific events seemed to have been an "emotional trigger" for him.

While the state also argued that the evidence it wanted to present against Mr Edwards represented "an escalation" from him being a night time prowler to a sex attacker and then a murderer, Mr Yovich submitted that there were distinguishing and significant differences in what was being alleged.

For example, he said the alleged incident in Huntingdale in 1988 against a 19-year-old woman involved an assailant wearing a woman's garment entering a house at night time, while "the Hollywood Hospital" attack, to which Mr Edwards pleaded guilty, was committed in broad day light with minimal evidence of any pre-meditation or any attempt by Mr Edwards to disguise his identity.

At one point, Justice Stephen Hall noted for the benefit of everyone in the court that what Ms Barbagallo was presenting were "allegations" and not evidence.

"This is yet to be proven," Justice Hall said.

PHOTO: Justice Stephen Hall said prosecutors were detailing "allegations" and not evidence at this stage.

 State prosecutor Carmel Barbagallo has begun outlining the case against Mr Edwards.

 Mr Edwards's trial is due to begin later this year. 

prison van transporting Bradley Edwards arrives at Perth's Supreme Court.



Mr Edwards denies all the allegations against him


PHOTO: Sarah Spiers, Ciara Glennon, and Jane Rimmer disappeared from Claremont in 1996 and 1997. (ABC News)

PHOTO: Mr Edwards returned to court this morning after being treated in hospital for an ear injury.




Claremont serial killings: Inside Hakea Prison — what life is like for Bradley Robert Edwards

David JohnsThe West Australian

Monday, 18 February 2019

https://thewest.com.au/news/claremont-serial-killings/inside-hakea-prison-what-life-is-like-for-men-who-are-remanded-in-custody-ng-b881109111z





Bradley Robert Edwards arrives at Fiona Stanley Hospital.Picture: 7NEWS Perth

Claremont serial killings accused Bradley Robert Edwards was rushed to hospital after being found injured in a prison shower block today — but just what is life like behind bars for the men who stay at Hakea Prison?

The facility was officially opened back in 1982 as the maximum-security Canning Vale Prison, with a capacity of 248 prisoners.

In 2000, the prison merged with the CW Campbell Remand Centre to become Hakea Prison, with a capacity today of 1217.

But the capacity only tells part of the story — the turnover gives a much better impression of the scale of the operation.

Throughout the course of the year, Hakea pushes through as many as 7000 prisoners as they work their way through the legal system.

As a remand facility, it caters for male prisoners who are in limbo, having been remanded in custody while awaiting court appearances or sentencing.

Newly-sentenced criminals are also assessed at Hakea while awaiting their fate with placement at other WA prisons.

The prison has had a history of violence, with the Prison Officers’ Union only last year raising concerns about overcrowding and resourcing.

In October 2018, the WA Department of Justice was fined $100,000 after a Hakea prisoner was crushed to death three years earlier by a truck.

Former footy stars Ben Cousins and Daniel Kerr also spent time behind the walls of Hakea.

The prison’s focus is on rehabilitation, with inmates given ‘jobs’ where they can learn and develop skills.

  • Claremont serial killings: Who’s who in the WA case of the century
  • Time line of the events that frightened Perth to its core
  • Judge to watch ‘extreme’ pornography in preparation for trial

Prisoners can earn additional privileges such as extra social visits, time on the phone and money to spend in the canteen.

The facility includes indoor and outdoor basketball courts, tennis courts, a ping pong table, a gymnasium and a library.

It was inside these walls where Claremont serial killings accused Bradley Robert Edwards was found injured in a shower block today.

The injury prompted a dramatic adjournment of today’s pre-trial hearing at the Supreme Court.

A St John Ambulance spokesman confirmed paramedics had transported a 50-year-old man from Hakea Prison this morning.

The spokesman said the man’s injuries were not life-threatening.



Claremont serial killing: Who’s who in the WA case of the century

Tim ClarkeThe West Australian

Wednesday, 13 February 2019

https://thewest.com.au/news/claremont-serial-killings/whos-who-in-the-wa-case-of-the-century-ng-b881104760z



 

 

THE VICTIMS


Sarah Spiers

Sarah Spiers, 18 - disappeared on on 26 January 1996, after she left a nightclub in the centre of Claremont. Ms Spiers had called a taxi from a phone booth but was not present when it arrived.

 



Jane Rimmer

Jane Rimmer, 23 - on June 9, 1996, like Ms Spiers, Ms Rimmer’s night out had begun with drinks at Cottesloe’s Ocean Beach Hotel, followed by drinks at the Continental.

After her friends left, Ms Rimmer started walking back to The Conti on her own. Her body was found in bushland near Woolcoot Road, Wellard, in August 1996.

JANE RIMMER

        The 23-year-old vanished from Claremont in the early hours of June 9, 1996.

        Her body was later found in bushland in Wellard.
  
  "... Please note the police and the media have all well known  from the statement by Uni students that they saw Jane Rimmer hitchking on Stirling Highway
    at 12.30 am near Lock Street .....  this was reported by the students (two couples in the car) to the police in June, 1996,  and thus the media and
     the Western  Australian Police  have been  misrepresentimg the truth for thwe last nearly 20 years about the last sighting og Jane Rimmer before
    Jame Rimmer disapeared..
   Evidence that the AWN.bz have explains why the police and the Western Australian media have bene misprepresentinh for nearly 20 years at to  when the
    last sighting on Jane Rimmer was and at what time tha\t sighting was"....
 ..
.Editor of AWN.bz

Title: We Saw Jane Rimmer Hitching - Uni Student says


Author: Andrew Clennell Date: 19th June, 1996

Publisher: Community Times, News Chronical, Nedlands Edition

University student Emma Clayton and her friends almost picked up a blonde girl she is sure was Jane Rimmer early on the Sunday Morning Jane Rimmer disapeared.
Miss Clayton (21 years old uni student) said she saw the girl staggering along Stirling Highway, thumb out, hitching a lift at 12.30 am. Emma Clayton told police about the incident and her description of the cloths Jane was wearing matched that of a police description which had not been released to the media. Mis Clayton said she and her friends had been in Stirling Highway after leaving a 21st birthday party at Claremont Yacht Club. "Down near Lock Street we saw a girl Hitchhiking," she said. The Girl had her thumb out and we just slowed down and thought maybe we should pick her up but didn't." The conversation between the two couples in the car had been that she was a silly girl for trying to hitch in the area and they discussed whether they should pick the girl up. The decided at the last minute to move on. "we said of all placed for a girl to be hitchhiking alone, this was probably the worst," Miss Clayton said. She said initially, after she had heard of Jane Rimmer's disappearance, she felt guilty that that hadn't picked her up. "If we had picked her up things would have been a lot different, " Miss Clayton said. When she and her friends saw the girl there were no other cars on the Stirling Highway ...
Title: We Saw Jane Rimmer Hitchhiking - Student
Author:Andrew Clennell
Date: 19 June 1996
Publisher: Community Times, News Chronical, Nedlands Edition.



Ciara Glennon who disappeared from Claremont.Picture: Supplied

Ciara Glennon, 27 - 14 March 1997, the 27-year-old lawyer, was at the Continental Hotel for only 20 minutes, not even long enough to have a drink. Her body was found on April 3, near a track in scrub off Pipidinny Road in Eglinton.

THE ACCUSED

Bradley Robert Edwards - A long-time Telstra worker, Mr Edwards has been described as quiet, friendly and private. A keen computer gamer, he was also heavily involved with Kewdale Little Athletics club. He and his wife were made life members of Belmont Little Athletics Centre in recognition of their volunteer work.


Serial Killer Suspect

 
Donald Morey, aka Matusevich


Sarah Ann McMahon
Sarah Ann McMahon went missing from Greenmount on November 8th, 2000Was aged 20, Now would be age 36 in December, 2016
The in depth report done by the USA NYT.bz Investigation Team reveals that Sarah Ann McMahon was a serious threat to powerful people inside and outside the Western Australian Police Force, because Sarah Anne McMahon knew too much 

If Donald Morey, who was last seen with Sarah Anne McMahon) was in contact with Sarah all these years -- can't he provide proof she is alive? Like .. an address? Phone number? Something? And why would she speak him and him alone and not her family - for 12 years? How is this Donald Morey aka Matusevich

guy NOT charged with something in this case?

Further Background on Donald Morey Aka Matusevich 
https://www.websleuths.com/forums/threads/australia-claremont-serial-killer-1996-1997-perth-western-australia-6.318778/page-18

https://news.google.com/newspapers?nid=1300&dat=19750925&id=QuBUAAAAIBAJ&sjid=P5IDAAAAIBAJ&pg=3838,5604554&hl=en

The Age - Sep 25, 1975  

Two convicts found gulty of axe-killing

Two Pentridge prisoners were found guilty in the Criminal Court last night of having murdered another prisoner, found bashed to death with an axe.

Claude Joseph Thompson, 24, laborer, of Gertrude Street, Fitzroy, and Donald Victor Matusevich, 20, cook, of Beachgrove Street, Mornington, were sentenced to gaol for the term of their natural life.

Both pleaded not guilty to charges of having murdered Graeme John Whateley, 28, at Pentridge on November 12 last.

Whately was found guilty to charges of having murdered Graeme John Whateley, 28, at Pentridge on November 12 last.

Whateley was found lying on bed with severe head injuries. there also had been an attempt to strangle him.

The Crown alleged that Thompson and Matusevich bashed Whately to death with an axe

The court was told that the three were working as clerks in a hospital ward at Pentridge.

Whateley had been transferred to Pentridge from Ararat and was waiting to be taken to another gaol.

Evidence was given that a prisoner who escaped from Ararat gaol was recaptured soon after with the help of information provided by Whateley.

The Crown alleged that Thompson and Matusevich planned to try to escape and saw Whateley as an obstacle to their plan.

Prison officers told the court that on the night Whately was killed, attempts were made to escape from the hospital ward.

They said a TV set was removed from a wall, attempts were made to bach holes in the ceieling and the toilet wall, and a fireplace unit was removed, apparently to investigate the possibility of getting out via the chimney.

In alleged records on an interview with police given to the court, both accused admitted having killed Whately.

Matusevich gave sworn evidence at the trial that he took no part of the attack.

He (Matusevich) said Thompson went berserk with the axe.

He (Matusevich) said he had no recollection of making the record of the interview because he (Matusevich) took some tablets after the incident.

Counsel for Thompson called two psychiatrists and one psychologist, who gave evidence that Thompson had a history of psychiatric illness and admitted in the past to other crimes he did not commit.

The doctors said that if he had killed Whately. if was possible that he was insane at the time.

After a trial before Mr Justice Murray, the jury of seven women and five men took about eight and a half hours to reach a verdict.

Mr. Philip P.C. Martin prosecuted, Mr. K. H. Marks, QC, with Mr. Mr H. J. casey, appeared for Matusevich, Mr Philip Dunn, with Mr. P.J. Cahill, appeared for Thompson.

https://news.google.com/newspapers?nid=1300&dat=19770913&id=qncQAAAAIBAJ&sjid=YJIDAAAAIBAJ&pg=1893,3347410&hl=en

The Age - Sep 13, 1977 

 Convict cleared of 1974 axe murder

by David Withington

A man last night won his two-year fight and was cleared of the axe killing of a Pentridge prisoner.

"it's been just like a nightmare," Mr. Donald Victor Matusevich, 22 said outside the Criminal Court.

"It's something you can't express in words. I'm just so happy that it's over."

" the last few years have been very hard, knowing that I'm innocent," he (Donald Victor Matusevich) said.

Mr. Donald Victor Matusevich's fight to clear himself began in September 1975, when a Criminal Court jury found him guilty of murder.

He (Donald Victor Matusevich) lost his appeal to the Court of Criminal Appeal but, in July this year (1977), the High Court granted a re-trial.

After deliberating for seven hours, the second jury acquitted him (Donald Victor Matusevich).

Mr. Justice Murphy ordered his (Donald Victor Matusevich) release from Custody as he has completed the sentence he was serving at the time of the killing.

Mr. Donald Victor Matusevich had pleaded not guilty to murdering Graeme John Whately, 28, who was based to death in the Pentridge hospital ward on November 13, 1974.

The Crown alleged he and another prisoner, Claude Joseph Thompson, repeatedly hit Whately over the head with an axe.

On September, 24, 11975, the two were found guilty of murder.

Mr. Donald Victor Matusevich won his High Court appeal on the grounds that he had been improperly cross-examined on his prior convictions and the jury had been misdirected on two points of law.

Thompson had his conviction quashed last year by the Court of Criminal Appeal on the ground that the trial judge, Mr Justice Murray, had misdirected the jury on the law relating to insanity.

He (Claude Joseph Thompson) was found not guilty on the ground of insanity and ordered to be held in strict Custody.

On April 6th, this year (1977) he (Claude Joseph Thompson) was found hanged.

Application for special leave to appeal granted. 
Appeal allowed. 
Order that verdict of guilty of and conviction for murder and sentence thereon by the Supreme Court of Victoria be quashed and in lieu thereof order that the matter be remitted to that Court for retrial. 

In Matusevich v The Queen,[16] Matusevich and his co-accused Thompson were prisoners

Pentridge Jail and were jointly charged with the murder of a third prisoner in their ward. The

deceased had been killed with an axe and Matusevich and his co-accused were the only people

present at the time of the killing. Matusevich was alleged to have admitted that he and his

co-accused killed the deceased but he gave evidence denying the truth of those statements and that

he had no recollection of what he said at the police interview. Matusevich claimed that his

co-accused was a madman who not only killed the deceased but threatened to kill him if he called

for assistance; he was only able to press the alarm button some time after the killing. He said he

had no convictions for offences of violence. Matusevich was wrongly cross-examined in his

murder trial as to his prior convictions for previously escaping from custody, house breaking and

stealing, which the prosecutor suggested were offences of a violent nature.[17] During

cross-examination Matusevich admitted that he wrecked and tried to set fire to premises he broke

into when he was drunk and that he now had no memory of his actions on those occasions. Aickin

J, with whom Gibbs, Stephen and Mason JJ agreed, rejected the Victorian Court of Criminal

Appeal's finding of no substantial miscarriage of justice because evidence of these prior

convictions was "just the kind of prejudicial material that might in this very unusual case have

tipped the balance against him.".[18]

R v Salmon

MATUSEVICH v. THE QUEEN HIGH COURT OF AUSTRALIA Gibbs, Stephen, Mason, Murphy and Aickin JJ.

MATUSEVICH v. THE QUEEN

(1977) 137 CLR 633

22 June 1977

Criminal Law (Vict.)

Criminal Law (Vict.)—Murder—Concert—Capacity to act in concert—Whether sane person can be guilty of acting in concert with insane person—Direction to jury—Evidence—Character and previous convictions of accused—Cross- examination—Accused establishing own good character—Permission of judge required for prosecutor to ask questions tending to show bad character or commission of previous offences—Evidence by one accused against another charged with same offence—Cross-examination by prosecutor—Permission not obtained—Whether Crown may cross-examine as to character or previous convictions where accused gives evidence against co-accused—Substantial miscarriage of justice—Crimes Act 1958 (Vict.), s. 399 proviso (e).


The former head of Western Australia's Prostitution Task Force Con Bayens 


hinted that it was Donald Morey that he stopped and searched his car in Northbridge, Perth, and found his boot lined with blue plastic and all the necessary equipment in his boot needed to carry out an adbuction, such masking tape, pliers, wire ties, rope etc.
The former head of Western Australia's Prostitution Task Force Con Bayens believes the Macro Task Force under the then head Assistant Commissioner David Caporn that has been in charge of the investigation into the Claremont Serial Abductions and killings, missed crucial opportunities to explore suspects including a suspicious character Con Bayens encountered in 2002.
The former head of WA's prostitution taskforce Con Bayens believes the taskforce missed crucial opportunities to explore suspects - including a suspicious character he encountered in 2002
Mr Bayens recalls the chilling night he pulled over a man during an undercover operation in Highgate in 2002 - 11 kilometres away from Claremont.
The boot was lined with blue plastic and there was a pair of pliers and masking tape – disturbing equipment which he believed appeared to be for an abduction.


The driver was questioned but Mr Bayens does not know why he was cleared in inquiries 
by officers on Task Force Macro, which was set up to investigate the killings.
The boot of the suspiciois man's car, that Chanel & reporter said looked like an undercover police car,  
was lined with blue plastic and there was a pair of pliers and masking tape – disturbing equipment which he believed appeared to be for an abduction
Mr Bayens said the head investigator into the killings had rejected his offer to pass on information from the undercover operation, 
which was uncovering people every night 'and every one of them had the potential to be the Claremont serial killer.'
However, his offer was rejected by the chief investigator, to his astonishment.
'He said, 'Don't worry about it, Con, we've got our man.' And those words will stick with me forever,' he said.
'That just hit about 10 on my weird s***-o-meter.'
WA Police insist they looked into the sinister man Mr Bayens encountered, but the former constable insists the enquiry never took place.

  Donald Victor Morey, aka Matusevich,Australia Claremont Serial Killer, 1996 - 1997, Perth, Western Australia - #6

http://www.websleuths.com/forums/showthread.php?318778-Australia-Claremont-Serial-Killer-1996-1997-Perth-Western-Australia-6&p=12898398&styleid=21

      Donald Victor Morey, aka Matusevich crabstick said:10-28-2016

         There is enough reports to suggest he is ex army. Im not sure how old he is. Yes, there is a few guys around 
          that use the Im ex SAS as a shield    when they fear someone might give them a clobber. He might have been   a                                         mechanic?
 selling $10,000 bundles  of amphetamine is organised   crime connections.    ' the was selling Sarah McMahon 
            $10,000 blocks of amphetamine,
              its not like he wouldn't have the cash for access to new vehicles, and cut and shut rebuild vehicles he could set up himself. 
              Built fake taxis even. Because a fake taxi didn't have to buy a taxi plate, fake taxis were a cash cow.

If             Morey is SAS or ex-military, he may have been trained in all the above. 
              Mechanic being one of the core subjects for SAS. (SAS barracks are a stones throw from Stirling road, Claremont.) 
            Being SAS with a station wagon set up with a LSD diff, Morey could have driven any the back dirt tracks off the main                      roads up and down to the dump site points with an element of ease. Police said, it is someone who polishes their car a lot,
                  with car and detail
  
                       Career Criminal  and self confessed SAS killer of many people, Donald Morey .. 
                         and has admitted he was the last person to see or talk to 

      Sarah Anne McMahan alive ... and according to his phone records was in the area of Bassendean the night Sarah Anne McMahon 
      was talking to Donald Morey on her telephone and saying she was heading to see a friend in Bassendean and there was 
      strong evidence that Donald Morey aka Matusevich
          lied to the coroner about being at his boss Mr Allen's truck yard on the night the 
      Sarah Anne McMahon Disappeared ... and a witness said she saw a bloodied dead body, with a rope around her neck that 
       looked like Sarah Anne McMahon is his room at his boss Mr Allen's home ... 
         and that evening and saw him carrying what looked liked a dead body over his shoulder wrapped up out of the house 
        that evening and said she helped clean up Donald's Morey's room at Mr Allen's home ... and Donald Morey aka Matusevich
         with Mr Allen's wife and Mr Allan saying that Donald Morey aka Matusevich

             had a bag with all the things needed to kill someone  that Donald Morey aka  always 
         carried around with him .... but the police after been told about this bag being at Mr and Mrs Allan's home waited for a about a week to go  and collect this important                           evidence ... giving plenty of time of Donald Morey's female partner he spent the weekends with in a house in    
         Chidlow ....to come and collect the black bag ... which gives the             strong impression that as a witness has said .. 
         that Donald Morey worked as a killer and a illegal drug dealer for corrupt police and other powerful politicians,
         powerful business people and the Chinese Triads and was protected by these corrupt police .,..
         who rang Donald Morey's female partner to inform her she better quickly collect Donald Morey's damming black bag which 
         help all the tools of trade to abduct and quickly and silently murder someone ..... 
        and Donald Morey says he has constant contact with Sarah Anne McMahon since November, 2000 ... 
         and Sarah Anne McMahon has not even contacted her own family ... and not contacted anyone else buy career criminal and
          self confessed killer .... yet will not tell anyone where Sarah Anne McMahon is .... other that saying she is living in Canada 
          under another name and has two children......
              then with all that evidence  why haven't the Western Australian Police arrested Donald Morey on some charge associated
         with the disappearance of Saran Anne McMahon before Donald Morey is released from prison sometime in 2017 when his
        13 year prison sentence ends .. so that Donald Morey can be refused bail while he goes to court over the new charge or charges  associated 
         with the disappearance of Sarah Ann McMahon on about the 8th of November, 2000.... 
          and at the same time further investigate the connection of Donald Morey with the abduction/murder of 
          Sarah Spiers, Jane Rimmer and Ciara Glennon. Lisa Brown and other missing girls ... 


 Sarah Anne McMahon 
 who was last known to be talking to Donald Morey and under Donald Morey's own admission is the only person who knows the where abouts Sarah Anne McMahon ... 
    whether Sarah McMahon is dead of alive .... everyone is praying that Donald Morey was telling the truth …
     that Sarah McMcMahon is living in Canada and is happy with two children and asked Donald Morey's help to disappear because 
      Saran Anne McMahon's life was in extreme danger ..... there is one thing that is definite and true about Donald Morey's statement to the coroner .. 
      that is Sarah Ann McMahon's life was in extreme danger becaause of what she knew about what is known as the Claremont Serial Killings and who was involved ..
     this is because Sarah Anne McMahon opened up and gave a written and taped statement about her knowledge of who wad involved in
        the Claremont Serial Killings of Sarah Speirs, Jane Rimmer and Ciara Glennon ... this was done in 1999 before Sarah Anne McMahon dispp
ared on the 8th of November, 2000.....         Sarah Anne McMahon stated that the written and taped statement of her knowleldge of who was involved in 
      the 
Claremont Serial Killings of Sarah Speirs, Jane Rimmer and Ciara Glennon  was not to be used unless she disappeared and/or or was thought to be murdered ...…
       Sarah Anne McMahon was asked why doesn't she bring the information she knows about 

   the Claremont Serial Killings of Sarah Speirs, Jane Rimmer and Ciara Glennon to the authorities so these people involved can be arrested .... Sarah McMahon was in hysterical tears     saying if she tells what she knows the authorities she will be dead in a day ..... so as a safely measure and in a way some insurance Sarah 
     provided a sworn written statement and a tape recording of what she knows about the Claremont Serial Killings ....
       Since the arrest of Bradley Robert Edwards there has been many attempts to contact the Western Australian Police,
       the Western Australian Director of Public Prosecutions, the Western Australian Liberal Premier Colin Barnett,
       the Western Australian Liberal Party Attorney General Michael Minschin, the Western Australian Liberal Party Minister for Police Liza Harvey 
        to provide important information on the Claremont Serial Killings and other serious crimes committed in Western Australian...
       over the last 50 odd years from  the www.nyt.bz investigation files .. however none of these people and organisations have shown any interest 
         in having any extra information about the Claremont Serial Killings other than information that could help them take Bradley Robert Edwards 
       to trial for the murder of Jane Rimmer and Ciara Glennon and will help convince the court and the Western Australian public and the Australian Public 
         and the world that Bradley Robert Edwards is the lone Claremont serial killer that all by himself abducted Sarah Spiers, Jane Rimmer and Ciara Glennon and murdered 
             these the girls without any help form anyone else and planned and executed that abductions, murders and  dumping of the bodies all by himself ....

Career Criminal  and self confessed SAS killer of many people, Donald Morey .. and has admitted he was the last person to see or talk to Sarah Anne McMahon alive ... 
     and was in the area of Bassendean the night Sarah Anne McMahon was talking to Donald Morey on her telephone and saying she was heading to see a friend in Bassendean and there was strong evidence that Donald Morey lied to the coroner about being at his boss Mr Allen's truck yard on the night the Sarah Anne Disappeared ... and a witness said she saw a bloodied dead body, with a rope around he neck that looked like Sarah Anne McMahon is his room at his boss Mr Allen's home ... and that evening and saw him carrying what looked liked a dead body over his shoulder wrapped up out of the house that evening and said she helped clean up Donald's Morey's room at Mr Allen's home ... and Donald Morey ..with Mr Allan's wife and Mr Allan saying that Donald Morey had a bag with all the things needed to kill someone  that he always carried around with him .... but the police after been told about this bag being at Mr and Mrs Allan's home waited for a about a week to go and collect theis important evidence ... giving plenty of time of Donald Morey's female partner he spent the weekends with in a house in Chidlow ....to come and collect the black bag ... which gives the strong impression that as a witness has said .. that Donald Morey worked as a killer and a illegal drug dealer for corrupt police and other powerful politicians, powerful business people and the Chinese Triads and was protected by these corrupt police .,..who rang Donald Morey's female partner to inform her she better quickly collect Donald Morey's damming black bag which help all the tools of trade to abduct and quickly and silently murder someone ..... and Donald Morey says he has constant contact with Sarah Anne McMahon since November, 2000 ... and Sarah Anne McMahon has not even contacted her own family ... and not contacted anyone else buy career criminal and self confessed killer .... yet will not tell anyone where Sarah Anne McMahon is .... other that saying she is living in Canada under another name and has two children......
then with all that evidence  why haven't the Western Australian Police arrested Donald Morey on some charge associated with the disappearance of Saran Anne McMahon before Donald Morey is released from prison sometime in 2017 when his 13 year prison sentence ends .. so that Donald Morey can be refused bail while he goes to court over the new charge or charges associated with the disappearance of Sarah Ann McMahon on about the 8th of November, 2000.... and at the same time further investigate the connection of Donald Morey with the abduction/murder of Sarah Spiers, Jane Rimmer and Ciara Glennon. Lisa Brown and other missing girls .



THE FAMILIES





Don Spiers.

Don and Carol Spiers - Immediately feared the worst when when Ms Spiers disappeared in January 1996. In the year before Mr Edwards was charged, Mr Spiers spoke of his hope that they would one day have answers about where his daughter’s remains were.

Una and Denis Glennon.

Denis and Una Glennon - Alarm bells began ringing when their daughter missed a hairdresser’s appointment the morning after she disappeared, and then failed to show up at her sister’s hens’ party that was organised for that afternoon. After Mr Edwards was charged Denis called it “a very raw and bittersweet time”.


Lee Rimmer.Picture:

Lee Rimmer - The Rimmer family first noticed Jane’s absence on June 10 when she failed to turn up at their regular Sunday roast lunch. Jane’s sister, Lee, has said she is still haunted every day by the murder of her “baby sister”.

JUDGE

 

Justice Stephen Hall - Sworn in a Supreme Court judge in 2009, having been appointed as a senior counsel in 2003.

Has sat on several high profile murder cases, including the trial of Jemma Lilley and Trudi Lenon, the killers of Aaaron Pajich-Sweetman.

PROSECUTOR

Prosecutor Carmel Barbagallo

Carmel BarbagalloSC was admitted into practice in 1991, she was made WA’s Deputy Director of Public Prosecutions in 2017. She has prosecuted numerous high profile murder cases, including the Stephen Cookson “head in a bag” trial,

DEFENCE

Defence lawyer Paul Yovich.

Paul Yovich SC is one of Perth’s most experienced and sought-after defence lawyers, with over 25 years’ trial experience in murder, sex, drug, fraud, insider trading and cyber-crime trials.

Ex-Claremont killer case cop says he ‘prays for Sarah Spiers’

Kim MacdonaldThe West Australian

Sunday, 25 December 2016

https://thewest.com.au/news/wa/ex-claremont-killer-case-cop-says-he-prays-for-sarah-spiers-ng-b88338770z





Dave John Caporn says he thinks about the families of Sarah Spiers, Ciara Glennon and Jane Rimmer on a daily basis.

The former head of the Macro task force into the Claremont serial killer says he is praying for more information about missing woman Sarah Spiers, and has defended the investigation of the crime.

Breaking his long-running silence on the case, David Caporn said he had not stopped thinking about Ms Spiers and the other two women who went missing from Claremont in 1996 and 1997, even after he left the police service in 2009.

Bradley Robert Edwards was last week charged with the murders of Ciara Glennon and Jane Rimmer.

Mr Caporn, who headed the task force between April 1997 and February 1999, said it was an “understatement” to say he was pleased for the families of Sarah, Jane and Ciara that there had finally been a breakthrough in the case.

“Hardly a day goes by without me thinking about the families of Sarah, Jane and Ciara,” he said. “I hope and pray that more will come to light about Sarah.”

Mr Caporn also defended the task force’s handling of the investigation, which has been criticised for focusing on the wrong prime suspect for two years.

A 2007 book, The Devil’s Garden, suggested detectives had botched the inquiry, singling out Mr Caporn for “tunnel vision” by focusing on a Cottesloe public servant, Lance Williams, as a prime suspect.

Labor MP John Quigley told State Parliament in November 2008 that it was a “dud” investigation.


Brother of accused Claremont serial killer Bradley Robert Edwards

 breaks his silence about the horrific abductions and murders

By AIDAN WONDRACZ FOR DAILY MAIL AUSTRALIA

PUBLISHED: 05:15, 2 March 2019

https://www.dailymail.co.uk/news/article-6763011/Accused-Claremont-serial-killers-younger-brother-breaks-silence-defends-siblings-innocence.html




The brother of accused serial killer Bradley Robert Edwards (pictured) has broken his silence to defend his sibling's innocence

Added to the list of the allegations is the abduction and murder of Sarah Spiers, Jane Rimmer (pictured) and Ciara Glennon from the upmarket Claremont suburb between January 1996 and March 1997

At a pre-trial directions hearing last week, it emerged the prosecution wanted to use the DNA or fingerprint traces to connect Mr Edwards with the series of crimes (pictured, Ciara Glennon)



The Supreme Court heard while Mr Edwards denied all the allegations brought against him in a six-hour interview with police, he failed to explain certain facts (pictured, Sarah Spiers)

Brother of accused serial killer Bradley Robert Edwards broke silence on crimes

The younger sibling said family stood united behind his brother and innocence

Mr Edwards is accused of series of attacks and murders between 1988 and 1997

Included in allegations is murder of three women from Claremont, Perth suburb

The brother of accused serial killer Bradley Robert Edwards insists his sibling is innocent. 

Mr Edwards - a 50-year-old suspected of being the Claremont serial killer - is preparing to fight a string of murder and rape charges dating back to the late 1980s to the mid 90s.

His younger brother in the meantime penned an email to The Weekend West to say the family of the accused was behind him every step of the way.

'My brother is innocent and ... this will be made evident as the case unfolds,' the email read.

The immediate family has visited Mr Edwards in prison and spoken to him at every opportunity.

Though, they have been given legal advice to stay away from his court appearances. 

Mr Edwards is accused of attacking an 18-year-old girl in her Huntingdale home in Perth in 1988 and allegedly raping a 17-year-old girl in Karrakatta Cemetery in 1995.

Police also allege he is responsible for the abduction and murder of Sarah Spiers, Jane Rimmer and Ciara Glennon from the upmarket Claremont suburb between January 1996 and March 1997. 

Mr Edwards was arrested in December 2016 after forensic evidence allegedly linked him to the attacks.

At a pre-trial directions hearing last week, it emerged the prosecution wanted to use the DNA or fingerprint traces to connect Mr Edwards with the series of crimes.

The Supreme Court heard while Mr Edwards denied all the allegations brought against him in a six-hour interview with police, he failed to explain certain facts.

That is, he was unable to explain why traces of his DNA was found on a Kimono linked to the Huntingdale attack and also on two of his alleged victims.

He also couldn't explain why his fingerprints were found on a door of another Huntingdale home following an attempted break-in, the court heard.  

Supreme Court Justice Stephen Hall noted the details brought to light during the pre-trial hearings were allegations - no evidence had been presented as of yet. 

Barrister Paul Yovich said important questions had to be answered in relation to the forensic evidence.

'The question ... is, in each case, is it the accused’s DNA ... and if so, how did it get there?' he told the court. 

'With count eight (Ms Glennon’s murder), are there other possibilities ... innocent contact, adventitious match or contamination in the collection or testing process?'

Mr Edwards is due back in court on March 20.


Kerry Turner's family pleads for answers 25 years after daughter's body found in bush

ABC Radio Perth  By David Weber   28 Jun 2016

The parents of a murdered Perth woman have joined police in a renewed plea for help to catch her killer nearly 25 years after their daughter was last seen alive.


https://www.abc.net.au/news/2016-06-28/kerry-turner-family-plead-for-help-25-years-after-perth-murder/7549252


Key points:

  • Kerry Turner's body found near Canning Dam after night out in Perth
  • Her parents say they have not had closure
  • Police urge anyone with information to contact Crime Stoppers

The body of Kerry Turner, 18, was discovered in late July 1991 hidden behind a log in bushland in the Canning Dam area.

She was last seen getting into a car on Shepperton Road in East Victoria Park after a night out four weeks earlier.

The murder case is still open.

Ms Turner's father, John Turner, said he and his wife thought about Kerry every day, and said there was a "giant hole" in their lives.

"My wife Sue and I, we both feel as though we haven't had proper closure," he told 720 ABC Perth.

"We miss our Kerry so much and her tragic loss has left a gaping hole in our family that can never be filled, but we would really appreciate it if someone could come forward and provide information to Crime Stoppers."

Ms Turner had gone to Pinocchio's night club in Perth's Murray Street on the evening of Saturday June 29 with a girlfriend, but they became separated and police say Kerry mingled with different people during the night.

She caught a taxi from Murray Street to go home about 4:00am the following morning. The driver dropped Kerry off on the Causeway when he learned she did not have money for the fare.

Witnesses saw Ms Turner sitting on the curb on the Causeway and trying to hitch a ride.

She was eventually picked up by another taxi which dropped her off about 5:00am on Shepperton Road, opposite what is now Conca's Italian Restaurant.

Soon afterwards, a vehicle described by witnesses as similar to a dark-coloured or blue Datsun sedan pulled up next to Ms Turner. Another witness described the vehicle as a fawn-coloured sedan with spoked wheels.

Kerry was seen entering the car on the passenger side, and it continued south on Shepperton Road.

'She never came home'

Mr Turner said he did not know at the time Kerry was trying to hitchhike home.

"I always went out at any time to pick up my daughter and she knew that. So we don't know why she decided to hitchhike, but she did," he said.

"She never came home and you can imagine how that was for us. We were frantic, we were really worried for her safety."

Mr Turner said he thought it was likely the teenager knew the person driving the vehicle that she got into.

"[Kerry] was a lovely, bubbly person, a very happy person, I don't think she had any fear ...

 she was a close family member just doing the stuff that teenagers did," he said.

"And she didn't deserve to have happen to her what happened to her."

Investigators suspect there are still people who know what happened to Ms Turner, and believe someone who may have felt intimidated or uncomfortable coming forward in the 1990s may now be in a position to do so.

Anyone with information has been urged to contact call Crime Stoppers.


Claremont serial killings: Time line of the events that frightened Perth to its core

Tim ClarkeThe West Australian

Wednesday, 13 February 2019

https://thewest.com.au/news/claremont-serial-killings/time-line-of-the-events-that-frightened-perth-to-its-core-ng-b881104755z



The Continental Hotel in Claremont on Saturday night after Ciara Glennon went missing in 1997

February, 1995

A teenage girl, aged just 17, is abducted after leaving Club Bayview in Claremont, taken to Karrakatta Cemetery, tied up and sexually assaulted.

January 27, 1996

Sarah Spiers, 18, vanished after a night out at Club Bayview in Claremont. Ms Spiers calls a taxi from phone booth, but when the cab arrives around 2am, she is not there.

June 9, 1996

Childcare worker Jane Rimmer, 23, disappears in eerily similar circumstances to Ms Spiers.

June 10, 1996

The Macro taskforce is set up by WA Police, who believe the disappearances of Ms Spiers and Ms Rimmer are connected.

August 3, 1996

Ms Rimmer’s body is discovered by a mother and children picking flowers beside a riding school at Wellard.

March 15, 1997

Lawyer Ciara Glennon, 27, goes missing from Claremont after also visiting the Continental Hotel. She is third young woman to vanish from the area in just 14 months.

April 3, 1997

Ms Glennon’s body is found in bush at Eglington, north of Perth. The WA Government posts a $250,000 reward for information.

October 16, 2015

A link between the Karrakatta attack and the murders is reported.

December 23, 2016

Bradley Robert Edwards, 48, is charged with the murders of Ms Rimmer and Ms Glennon. He is also charged over the 1995 Karrakatta sexual assault and a break-in and indecent assault at a house in Huntingdale in 1988.

December 24, 2018

WA Police announce Mr Edwards has been charged with the wilful murder of Ms Spiers.

July 22, 2019

The Claremont Serial Killer trial is due to begin in WA’s Supreme Court


Claremont serial killings: Prison stabbing of

Bradley Robert Edwards an attack on justice in WA

Tim ClarkeThe West Australian

Monday, 18 February 2019

https://thewest.com.au/news/claremont-serial-killings/claremont-serial-killings-jail-stab-has-state-on-the-edge-of-darkness-ng-b881108678z

A simple pencil yesterday came within inches of bringing undone the most complex, wide-ranging and expensive murder investigation in Australia’s history.

Authorities at all levels were last night asking — and being asked — how WA’s most guarded and scrutinised prisoner, accused Claremont serial killer Bradley Robert Edwards, could end up injured and bleeding in a jail shower block at Hakea Prison.

Last night, Mr Edwards had been moved to Casuarina Prison on a strict “protective regime”, while the investigation continued into how his injuries occurred.

Confusion reigned earlier in the day after Corrective Services Minister Fran Logan said Mr Edwards had been attacked by another prisoner, only to retract the revelation within hours.

And the families of the alleged murder victims — Sarah Spiers, Jane Rimmer and Ciara Glennon — were again left waiting to see if Mr Edwards would even be fit enough to attend court this morning. “I would like him to stand trial for the alleged crimes,” Jane Rimmer’s sister Lee said.

About 7.55am yesterday, Mr Edwards, 50, was showering in the secure unit of the maximum security Hakea Prison ahead of a scheduled trip to the Supreme Court when he was found by a prison guard injured, bleeding and disoriented.

He could not — or would not — tell prison officers what had happened to him, but a pencil found on the floor nearby told some of the story.

After being treated on-site, Mr Edwards was taken by ambulance to Fiona Stanley Hospital under armed guard.

He was seen being wheeled into the emergency department with a bandaged right ear and an apparent scratch on his neck.

Even as the packed courtroom in Perth was being told Mr Edwards had suffered a “health issue” and would not be appearing, State Government ministers were being briefed and a police investigation was swinging into action.

Hakea’s Unit 6, which houses protected prisoners, was immediately locked down — with 21 prisoners inside at the time under suspicion.

But the possibility of Mr Edwards having tried to harm himself was also not being ruled out, despite Mr Logan clearly stating it had been an attack.

“At this stage they believe it was an attack by another prisoner, it occurred in the shower and it occurred about 20 minutes after the prisoners were unlocked,” Mr Logan said.

“Unfortunately, prisons are full of people who are quite violent and some are quite disturbed and it is not unusual for prisoners to goad each other and sometimes attack each other.

“Obviously everything is done to try and stop that from occurring. Sometimes in a situation which is in an area which is private, such as a shower, these things do occur and in this case it did.” Minutes after Mr Logan’s press conference, Corrective Services Commissioner Tony Hassall would not confirm that an assault had taken place.

And so Mr Logan was forced into an embarrassing retraction, instead saying: “There is no indication about how the injury has occurred.”

However, given Mr Edward’s injuries — which were never considered life-threatening — did happen, there were still grave concerns about how one of WA’s most keenly watched prisoners could come so close to serious harm.

“I am concerned,” Attorney-General John Quigley said.

“We want to keep this accused in good health to face justice without delay.

“I don’t want him going off to hospital and then saying the trial has got to be delayed or nonsense like that. We want to keep this prisoner fit and in good health to face his day in court.

“This community has waited for over 20 years for the commencement of the trial and I would be very concerned if there was anything that happened to him in prison that caused any delay.” Mr Hassall said there were no CCTV cameras in the shower block where Mr Edwards was found.

“It is a protection unit, a secure part of the prison where we put prisoners who we deem need protection or ask for protection,” he said.

“And the unit was normally staffed with one senior officer and nine prison officers.

“The unit was unlocked as normal at 7.30am, there was no indication there was any issues ... he obviously went for a shower and that’s when the officer found him about 15 to 20 minutes later.”

Mr Hassall said he had sent senior staff to Fiona Stanley Hospital and Hakea Prison to help in the investigation.

A spokesman for Mr Logan said Mr Edwards would be “intensely supervised” at Casuarina while his future needs inside prison were assessed. The court hearing delayed by Mr Edwards’ injuries is scheduled to resume at 10am.

  • Who’s who in the WA case of the century
  • Time line of the events that frightened Perth to its core
  • Inside Unit 6, Hakea Prison’s protective block
  • Accused has the right to be in court
  • More heartache for victims’ families as case delayed

Claremont serial killings: Inside Unit 6,

 Hakea Prison’s protective block

Gabrielle Knowles, Tim Clarke and Peter De KruijffThe West Australian

Monday, 18 February 2019 

https://thewest.com.au/news/claremont-serial-killings/claremont-serial-killings-inside-unit-6-hakea-prisons-protective-block-ng-b881109194z

Police have a short list of inmates who potentially had the access to launch an attack on Bradley Robert Edwards in the showers at Hakea Prison yesterday morning.

Just 21 other men were housed in the same area as the accused Claremont serial killer inside Unit 6, a protective block away from the general population, according to WA prisons boss Tony Hassall.

The men in that area were put in lockdown as detectives worked with forensic experts to find out if one of them ambushed the 50-year-old as he prepared for a big day in court. Or if instead, Mr Edwards had stabbed himself in the ear and neck with a pencil.

Mr Hassall said Mr Edwards had refused to tell a prison guard what had happened to him when he was found alone on the ground disoriented and bleeding from the right ear just before 8am.

The guard had gone inside the shower block to find out what was taking him so long, with no CCTV covering the inside of the room.

Hakea is WA’s main public jail for male prisoners who have been remanded in custody while awaiting trial or sentence. Newly-sentenced prisoners are also assessed there before being placed at other prisons.

High-profile inmates, former police officers and those at risk from other prisoners because of the nature of their offending — namely sex predators — are among those kept locked up in Unit 6.

Inmates housed in the protective unit attend education courses and other programs separately to the rest of the population. If they need to be moved through busy areas, more guards monitor them.

But within the unit, prisoners eat together and mingle with each other when they are not locked in their cells, some even sharing cells.

Only those assessed by prison bosses as being a potential risk to others are kept apart.

Life in Unit 6 is not regarded as any harsher than the general population and some prisoners even ask to be moved there because they feel safer away from the hordes of other prisoners, with the jail having a capacity to house more than 1200 inmates.

The protective unit at Hakea is nothing like the high-security Special Handling Unit at Casuarina prison — which is described as a jail within a jail — where prisoners eat and exercise alone and are shackled whenever they are moved.

Drug trafficker Fabian Quaid once described the SHU’s exercise yard as being like a bird cage with its wire roof, concrete floors and brick walls. He said those in the unit did not have access to a recreation centre, oval or library.

Prison authorities yesterday moved Mr Edwards to Casuarina Prison after his release from hospital. A spokesperson for the Department of Justice said he was under a “protection regime” while an assessment was done to ensure his future safety. The spokesperson refused to say if Mr Edwards would be put in the SHU to keep him isolated.

Authorities were not revealing how closely inmates were monitored in Unit 6 as they went about their morning routines after the cells were opened at the usual time of 7.30am.

It is understood there was one shower block containing three or four cubicles in the section where Mr Edwards was housed.

Mr Hassall said the unit was fully staffed yesterday by a supervisor and nine other prison guards.

But authorities have not revealed if the guards knew which other prisoners were in the shower block at the same time as the 50-year-old.

“He was found on his own ... but I am assuming they (investigators) will now speak to the 21 other prisoners and staff on duty,” Mr Hassall said.

Corrective Services Minister Fran Logan said while prison officers did their best to monitor and protect inmates when they were out of their cells, they could not be everywhere.

“Unfortunately, prisons are full of people who are quite violent and some are quite disturbed, and it is not unusual for prisoners to goad each other and sometimes attack each other,” he said.


Hakea Prison.Picture: Google Maps



DEBORAH ANDERSONSuspicious Death

31 DEC 1999CASE NO: 5698

https://www.crimestopperswa.com.au/open-cases/deborah-anderson/

Suspicious Death

DEBORAH ANDERSON

Late seen alive on Monday the 24th of January 2000, body found on on Tuesday the 25th of January 2000, discovered in a burnt out motor vehicle parked outside Marant’s Deli Lunch Bar at the Middle Swan Shopping Centre, Deborah’s incinerated body. 

CASE DATE: FRIDAY 31 DECEMBER 1999 LOCATION: MIDDLE SWAN WA CASE NO: 5698

DESCRIPTION (at time):

AGE: 24 years

HEIGHT: 178cm
BUILD: Medium

EYES: Blue 

HAIR: Short brown hair

COMPLEXION: Fair

Deborah spent the holiday residing at her father’s Woodvale home where she was last seen alive by him at 9.00am on Monday the 24th of January 2000. When he returned shortly afterwards at 11.45am he noticed his defacto’s vehicle missing and assumed Deborah had borrowed the car with the intention of returning it by the afternoon so his defacto could drive to work. 

Deborah did not return that day, prompting her father and his defacto to inquire with hospitals and police in a desperate bid to find her. The search ended shortly after midnight on Tuesday the 25th of January 2000, when Deborah’s body was discovered. 

The 25th of January 2000, is a date that will never be forgotten by the family of Deborah Michelle ANDERSON.

Discovered in a burnt out motor vehicle parked outside Marant’s Deli Lunch Bar at the Middle Swan Shopping Centre, Deborah’s incinerated body was discovered after several triple 0 calls were made to FESA about the grim finding.       

Engulfed in flames, the small white 1990 Ford Laser hatchback with Deborah’s body inside triggered a full scale homicide investigation involving Midland Detectives, the Major Crime Squad, Arson Squad and the Forensic Division.    

Despite extensive inquiries by investigators, more than 14 years have gone by and the full circumstances surrounding the horrific death of Deborah Anderson are still unknown. 

Born in Perth on the 20th of August 1975, Deborah moved to the United Kingdom in 1990 to be with her mother, returning nine years later in August 1999 to re-unite with her father and commence a cooking course at the Australian School of Tourism and Hotel Management.    Scheduled to return to the course in February 2000 following the Christmas break, Deborah spent the holiday residing at her father’s Woodvale home where she was last seen alive by him at 9.00am on Monday the 24th of January 2000. When he returned shortly afterwards at 11.45am he noticed his defacto’s vehicle missing and assumed Deborah had borrowed the car with the intention of returning it by the afternoon so his defacto could drive to work. 

Deborah did not return that day, prompting her father and his defacto to inquire with hospitals and police in a desperate bid to find her. The search ended shortly after midnight on Tuesday the 25th of January 2000, when Deborah’s body was discovered. 

Inquiries into her death revealed that at 9.39am on Monday the 24th of January 2000, an amount of money was withdrawn from Deborah’s bank account from an ATM at the Woodvale shops.

Inquiries also revealed that Deborah may have driven along the Brand Highway, as far as Geraldton before returning to Perth the morning of January 25.   

Police are appealing for anyone with any information to contact Crime Stoppers – Your help could provide the missing piece of information to that may help solve this murder and provide the family with the answers they are desperately chasing.  

If you can help with this unsolved crime, please make a report online or call Crime Stoppers on 1800 333 000, where all calls are strictly confidential, and rewards are offered. Please quote Reference Number 5692. Make a report

Nov. 2000 - Sarah McMahon, missing (last seen in Claremont, knew Morey)

LAURA KATE MUCKERSIE

Went missing on Monday 30th April, 2001




15/11/2001 Susan Christie ex Daglish, missing. Ex husband charged and convicted, successful technical-based appeal quashed sentence.
 

Apr. 2002 - Survivor (attacked on Palmerston, St.Perth

18 March 2002, Christine Michelle Schipp last seen Northbridge

Mar. 2003 - Darylyn Ugle, murdered (sex worker, body found near Mundaring Weir)

Dec. 2003 - Survivor (sex worker, escaped near Mundaring Weir)

 8th August, 2005 - Robyn Santen went Missing in Leederville- Cottesloe area, and has never been found.

Originally Posted by Bartholemeus

Karra - blitz attack (planned)
Claremont Subway - blitz attack (brazen)
Car park behind CBV - blitz attack
Swanbourne Railway station - blitz attack (presumably on foot)

Princes Rd/Bayview Tce attack - taxi pick up (2 dudes)


Nov. 1998 - Lisa Jane Brown, missing (sex worker, last seen on Palmerston St.)


Julie Cutler last seen 12:30am 20 June 1988

 Julie Leanne Cutler  

Cottesloe Beach were Julie Cutler's car was found in the surf

  • Missing since:Monday, June 20, 1988
  • Last seen:Perth WA
  • Jurisdiction:WA
  • Year of birth:1965
  • Age now:51
  • Gender:Female
  • Ethnicity:Caucasian
  • Height:162cm
  • Build:Medium
  • Hair:Dark, Brown
  • Complexion:Fair
  • Eyes:Blue/green

Circumstances:

Julie Cutler was last seen at 12.30am on 20 June 1988 leaving the Parmelia Hilton Hotel, WA, after a staff function. Her car was found two days later in the sea off Cottesloe Beach.
She was last seen wearing a black evening dress with a high collar and gold buttons on the shoulder and black patent shoes.
Despite extensive inquiries by police and family and comprehensive media coverage, there has been no information regarding her whereabouts since.
If you have information that may assist police to locate Julie please call Crime Stoppers on 1800 333 000.

Julie Cutler last seen 12:30am 20 June 1988


There was an attempted abduction and of a girl from
 the Cottesloe Hotel, Perth, Western Australia in 1989.

This attempted abduction has been reported 
in the Subiaco Post Newspaper on the 14th of November, 2015 
as per the below article


https://www.scribd.com/doc/289515831/POST-Newspaper-for-14th-of-November-2015




Julie Cutler disappearance:

Police reveal purse found in 1996 may have belonged to missing woman

Gabrielle KnowlesPerthNow

November 27, 2018

https://www.perthnow.com.au/news/crime/julie-cutler-disappearance-police-reveal-purse-found-in-1996-belonged-to-missing-woman-ng-b881033349z

WA Police have revealed Tuesday's activity in the investigation of the disappearance of Julie Cutler was prompted by the realisation a purse found in 1996 may have belonged to the missing woman.

Forensic officers are combing the sand dunes on Cottesloe Beach looking for clues to solve the 1988 disappearance of Ms Cutler.

Detectives are searching for items that may belong to Ms Cutler after a review this year determined the purse, a day-to-day diary and other items found in 1996 might be hers.

“As a result of our investigation some items that were dismissed in 1997 as not being Julie’s, we found they may possibly be Julie’s,” Det-Sgt Gailene Hamilton said.


Julie Cutler vanished in June 1988 after leaving a staff party at the Parmelia Hilton.

“As a result of that and the location of where those items were found, we’re searching the dunes here at Cottesloe known as Dutch Inn to see if there’s any other items that may relate to Julie’s disappearance.”

She admitted the items had been destroyed in 1997 after they were determined to not be Ms Cutler’s nor linked to any other case.

But photographs of the items were kept in the case file and as part of the review, were shown to other people who knew her who had not been asked at the time.

Det-Sgt Hamilton said forensic tests could not be done because the items were destroyed.

Det-Sgt Hamilton said there would be “slight excavation” of the dunes today using shovels and that sand would be shifted through.

Ms Cutler vanished in June 1988 after leaving a staff party at the Parmelia Hilton.



Forensic police conducting a search of sand dunes in Cottesloe today as part of the ongoing investigation into the disappearance of Julie Cutler

Her unoccupied car was found overturned 50m off Cottesloe beach two days later. Her body has never been found.

She said there had been calls to police since the $250,000 reward was announced in June and the information had been helpful.

She hoped today’s search and the reward would prompt other people to come forward with information.

“That’s definitely a hope of ours and a hope of the family as well,” she said.

“Things change over time, it’s been 30 years since Julie disappeared and there is someone out there who does know what happened to Julie.

“We’re hopeful if people do know things they need to contact police.”



Police hope for breakthrough in Julie Cutler cold case mystery with $250,000 reward

By Eliza Laschon 19 Jun 2018

https://www.abc.net.au/news/2018-06-19/reward-julie-leanne-cutler-30-year-old-mystery-disappearance/9885782

19 Jun 2018, 

1Exactly 30 years since her disappearance, a $250,000 reward has being announced for information in the cold case of Julie Leanne Cutler, who has not been seen since leaving a function at a hotel in central Perth.

Ms Cutler, 22, vanished after attending a staff function at the hotel. Police later discovered her Fiat sedan floating off the beach near the Cottesloe groyne.

Divers and a helicopter searched the area but found no trace of her.

Missing Perth woman Julie Cutler was last seen on June 20, 1988.

Police at the time believed the car had been in the water since the night of her disappearance.

It was found with the lights switched on and the keys in the ignition.

Julie Cutler's badly damaged car washed up on Cottesloe Beach days after her disappearance.

Ms Cutler's father, Roger, has spoken to the media countless times over the 30 years, but his pain was still raw as the reward was announced.

He said he was sure someone knows something that would break open the case.

"I am sure, this is Perth," he said.

"We're a big city, but it was a big country town in those days.

"Nothing happens in this town that somebody wouldn't know. Somebody's got some information."

 Roger Cutler, father of missing woman Julie Cutler, speaks of the enduring pain his family has suffered for the last 30 years.

Reward and possible pardon on offer

The WA Government is offering $250,000 for information that leads to the apprehension and conviction of the person or people responsible for her disappearance.

 Julie Cutler's body has never been found.

The Government is also "prepared to consider recommending a protection from prosecution or pardon" for anyone with information which leads to the conviction of other people, provided the informer was not directly responsible for her disappearance.

WA Police Commissioner Chris Dawson said cold case homicide squad detectives had launched a fresh investigation following an extensive review of the case.

"No matter what you think, whether you think it's too minor, it's not too minor for police to investigate," Commissioner Dawson said.

"We regard Julie's disappearance as highly suspicious.

"The whole circumstances surrounding Julie's disappearance was very much out of character and the circumstances with the vehicle and where it was located is highly unusual.

"We believe she met with foul play."

 Police Commissioner Chris Dawson and Police Minister Michelle Roberts on the front steps of Parliament to announce $250,000 reward.

Mr Cutler said he felt the State Government and WA Police "had (his) back".

"It's probably been the best thing in the 30 years since she's gone missing," he said.

Mr Cutler admitted the 30 years since his daughter vanished had make it hard to remember "what she was like", but a day hadn't gone by that he didn't think of her.

PHOTO: Julie's father said he thought of her every day



The family of Julie Cutler once thought by police to be the first victim of the Claremont Serial Killer,

say they finally feel able to erect a graveside plaque accepting her death.

https://www.findagrave.com/memorial/103679664/julie-leanne-cutler

The family of Julie Cutler once thought by police to be the first victim of the Claremont Serial Killer, say they finally feel able to erect a graveside plaque accepting her death.
It has been 20 years since 23-year-old's car was towed from the surf at Cottesloe beach two day's after she left a staff function at the Parmela Hilton Hotel around midnight on June 20, 1988.
Her family hope technology will be able to analise clues left in the car by the killer.
Rachel Cutler was 10 when Julie, her half sister went missing.
She said police had told her father that they suspected Julie had been taken by the same person who abducted three women from the Claremont Hotel in the 1990's.
"Julie disappeared seven years before the first Claremont abduction," Rachel said this week.
"The connection was mentioned by police, who said the case was being looked at in association with the Claremont Serial Killings.
"But the details of what was said during those conversations is not for us to say, it is up to the police.
The Cutler family will hold a memorial mass at Julie's former school Iona Presentation College, next month.
"We haven't had a mass for Julie before," said Rachel. "We were always hoping a body would turn up - but because it has been 20 years now, we have decided to accept that we won't have a body to bury."
Rachel said the family hoped new evidence would lead to the perpetrator being caught.
"With advances in technology, we hope DNA can be obtained off cigarette filters that were found in Julie's car," she said.
"They were from a type of cigarette we know Julie didn't smoke and it might prove to be the lead we need."
"Maybe someone who suspected something at the time will have the courage to come forward and contact Crimestoppers."
A plaque for Julie will be erected at her mother Robyn's grave at Karrakatta cemetery.
Mrs Cutler died from cancer when Julie and her sister Nicole were young girls.
Their father Roger remarried and had four more children - Rachel, Rebecca, Alexander and Jessica.
"But mum and dad talk about her often as does Nicole - they were around the same age and very close, and had grown up together. Nicole has four kids of her own.
"My father has been affected most by what happened."
"I think fathers feel they are the protectors of their children , especially their daughters -and as Julie was the first daughter, he was very fond of her.
"When things like this happen you feel quite powerless."
Rachel said the family never believed Julie would be found alive.
"When she disappeared we feared the worst because it was completely out of character," Rachel said.
"She was conscientious person and wouldn't have put anyone through what my parents and family have gone through.
"We had only just moved to Kalgoorlie from Perth and Julie called dad and told him she was planning to come up for a month."
"She had been saving up to go travelling after graduating from WAIT (now Curtin University) where she majored in English literature, with a minor in theatre arts."
During the Claremont murder investigations, it was reported that Julie had attended classes at the University with a man police said was their prime suspect.
"We did hear that but didn't think much of it," Rachael said. "She went through classes with hundreds of people, so I don't know if that's relevant.
"Mum and dad didn't want to worry us about it at the beginning.
"They didn't tell us what had happened but a couple of day's later we saw a story on the news that said Julie's car had been dragged out of the surf.
"We asked mum and she said dad would tell us about it later. All he said was that she had gone missing and didn't know where she was. We were both old enough to surmise that she was dead.
"Because it was such a horrific thing to happen it made me aware, from a very young age, that bad things can happen to you.
"As a result, i think our parents were a lot more protective to the point of being overly cautious when we were growing up.
"When it came to Perth to go to University, I would call them and let them know if i was going out at night and I would call them when I got home."
The Cutler family have never spoken to the families of the three Claremont victims - Sarah Spiers, Jane Rimmer and Ciara Glennon.
"It was hard for us and I felt sad for their families," said Rachael.
"We didn't want to intrude on their grief and didn't contact them out of respect because we understood what a highly traumatic experience it is."
Julie and Nicole attend Iona Presentation College when the family lived in Perth.
Julie was at Iona between 1975 and 1982 where she did her TAFE and I thought the school would be the most appropriate place to have the memorial service," said Rachael.
"The school and the sisters have been very gracious towards us and we believe in the power of mass, so it will be a healing process for us.
"The plaque we are putting on the grave of Julie's mother means there will be a place where people can go and remember Julie.
"Over time the pain of grief isn't as strong and you learn to cope with it.
"The hardest times have been when we hear media reports of people going missing or a body being found, it brings back the emotions of 20 years ago.

by Romy Ranali, post.com.au

-----

The Claremont serial murders is the case of the unsolved murders of two young Australian women and the unresolved disappearance of a third in 1996 and 1997 in Claremont, a wealthy western suburb of Perth, Western Australia. All three women disappeared in similar circumstances after attending night spots in Claremont, leading police to suspect that an unidentified serial killer was the offender. Mark Dixie was a suspect in the killings however a WA Police Deputy Commissioner Murray Lampard has been quoted in saying (The Age February 24, 2008) "Dixie was closely investigated at the time and eventually ruled out as a suspect."
The case began with the disappearance of Sarah Spiers, 18, on 26 January 1996, after she left a nightclub in the centre of Claremont. Her disappearance was described by her friends and family as out of character and attracted massive publicity. Spiers had apparently called a taxi from a phone booth but was not present when the responding vehicle arrived. Her fate remains uncertain.
Some months later, on 9 June 1996, Jane Rimmer, 23, disappeared from the same part of Claremont. Her body was found in bushland near Woolcoot Road, Wellard, in August 1996.
On 14 March 1997, Ciara Glennon, a 27-year-old lawyer, disappeared from the Claremont area. Her body was found on 3 April, near a track in scrub off Pipidinny Road in Eglinton, a northern suburb of Perth. After this murder police confirmed that they were searching for a serial killer.
Each of the women had attended either a pub called The Continental (since renamed The Red Rock and now known as The Claremont Hotel) and/or the nightclub Club Bayview.
It has also been suggested by Liam Bartlett, a journalist, that Sarah Spiers was not the first victim. He wrote that police have told the father of a fourth missing woman, 22-year-old Julie Cutler, that his daughter was probably a victim of the Claremont killer.
Ms. Cutler, a university student, from Fremantle, vanished after leaving a staff function at the Parmelia Hilton Hotel in Perth at 9 pm, one night in 1988. Her car was found in the surf near the groyne at Cottesloe Beach two days later. Her fate is also unknown.
The Western Australian Police established a special task force to investigate the case. It was given the name "Macro". Several phases have elapsed in the course of the continuing work of the task force.
Initial suspicion focused on the taxi-drivers of Perth because of the women last seen in circumstances where they may have been seeking taxi service. There had also been a predisposition to this possibility because of reports from late 1995 of possible improper conduct by some drivers. A massive DNA-testing exercise was carried out to cover all of the taxi drivers licensed in Western Australia; a group of more than two thousand. A thorough review of the character/background standards for drivers was conducted and led to drivers with any significant criminal history being de-licensed. Training for drivers and examining standards for license eligibility were raised. Stricter standards were also applied to verifying that decommissioned taxi vehicles were stripped of any insignia and equipment that could be used to falsely purport that a vehicle was a taxi. While this had the beneficial side-effect of improving the quality of the taxi service and enhancing the confidence of the public in using it, the investigation itself does not appear to have progressed.
In the next major development, a junior officer of the Western Australian Public Service was targeted by police as the prime suspect, after he attracted their attention during a decoy operation. The suspect made himself known to the media and asserted his innocence. He was subjected to a high level of overt surveillance, apparently with the purpose of prompting a confession. Although this continued for several years, the suspect maintained his innocence and appears to have intact alibis. He remains a nominal suspect, but the focus upon him has decreased in intensity.
It has been reported that police are also investigating whether Bradley John Murdoch, the convicted killer of Peter Falconio may have been involved, although Murdoch was serving a custodial sentence from November 1995 until February 1997.
One of the tactics used by the Macro Task-force was the distribution of questionnaires to "persons of interest", including various confrontational enquiries such as "Are you the killer?" The utility of this approach was disputed and the choice of persons to whom they were sent was controversial. One was a prominent civil libertarian and local government figure, Peter Weygers. He was mayor of the Town of Claremont at the time of the women's disappearance/demise and was involved in some disputes with the victims' families concerning the duty of care of the local authority in securing the district. He also was leasing a premises to a taxi-driver who attracted police attention to himself by claiming to have transported Sarah Spiers in his taxi shortly before her disappearance. Weygers' premises were raided by the police and he and his tenant were obliged to give samples for DNA testing. As with other avenues of investigation, nothing was to come of it.
In October 2006, it was announced that Mark Dixie (AKA Shane Turner), who was convicted in the United Kingdom for the 2005 murder of 18-year-old model Sally Anne Bowman, is a prime suspect in the killings, and the WA Police's Macro Taskforce has requested DNA samples from Dixie to test against evidence taken during the enquiry.
In a memoir titled The End of Innocence, published in 2007, Estelle Blackburn, a Western Australian journalist and author, speculated that her former partner, who had assaulted and threatened many times to kill her, may be the killer; claiming that he had performed maintenance on taxi vehicles and often had overnight access to them. This was further explored in a two-part episode of the ABC's television programme, Australian Story, in November 2007.

- wiki

Age at time of disappearance: 22 years
Build: Medium
Height: 162 cm
Hair: Brown
Eyes: Blue
Distinguishing Features/Other:
Circumstances:
Julie was last seen leaving the Parmelia Hilton Hotel WA at 12.30am on 20 June 1988 after a staff function. Her car was found 2 days later in the sea off Cottesloe Beach.

Video - Crime Investigation Australia, The Claremont Murders



30 years ago, Julie Cutler vanished. Now, her father is speaking of the ‘painful’ mystery

WHEN Julie Cutler was 22, she was last seen leaving a hotel in the early hours after a staff function. Thirty years later, her dad is still searching for answers.

The State government has offered a $250,000 reward for the disappearance of Julie Cutler.

A Perth father is hoping a $250,000 reward will finally give him answers about his missing daughter after decades of “pain, anguish and uncertainty”.

Julie Cutler was 22 when she was last seen leaving the Parmelia Hilton Hotel, in Mill St, in the early hours of June 20, 1988 after a staff function.

Her car was found two days later in the sea off Cottesloe Beach with the lights still on and keys in the engine.

Ms Cutler’s father Roger says after 30 years it’s hard to even remember what his daughter was like.

“The effect on my family has been disastrous,” he told reporters on Tuesday. He says he is sure someone knows something.

Perth woman Julie Cutler who was last seen 30 years ago on June 19, 1988. Picture: AAP.Source:AAP

“This is Perth. We’re a big city, but it was a big country town in those days,” Roger said.

Finding out what happened to Julie was about closure and not justice, he said, adding: “I don’t see any justice here.”

The reward offered by the Western Australian government is for information that leads to the conviction of the person, or people, responsible for Ms Cutler’s disappearance. The State Government says it may also be prepared to consider recommending protecting an informant from prosecution, provided they weren’t directly responsible for her disappearance.

Police Commissioner Chris Dawson says the cold case homicide squad has been re- interviewing people as part of a fresh investigation into the case. “We regard Julie’s disappearance as highly suspicious,” Mr Dawson said. Allegiances and circumstances could change, he said, as he appealed to the conscience of anyone with information.

“Julie’s family have waited in pain, anguish and uncertainty for 30 years,” Police Minister Michelle Roberts said.

“It’s time this matter was resolved.”

 



Litany of Lies 
by Avon F.Lovell 2011 
 

 A true story of gold heists, bombings, feral cops, greed, murder & revenge. 
http://www.johnm.multiline.com.au/australia/austbooks.htm


   

At a Western Australian outback Goldfields campfire at Ora Banda, a hidden gunman shoots down Gypsy Joker bikie, Billy Grierson. 
   The isolated gold mining town was owned by a former ranking cop, Don Hancock.  He had the pub, the race track, the general store, caravan park and a gold ore crusher. 
   Hancock earned millions in illicit gold when he was Western Australia's most senior detective.  He owned a gold mine, race horses, properties and a large share portfolio in gold ventures.  He also received regular cash from prostitutes for his protection. 
   He was the State's foremost cop, and foremost corrupt cop. 
   His reputation was based on an infamous sting on the Royal Mint, Perth.  Bullion worth (in today's money) about $2.9 million was extracted by a cunning thief using only a telephone.  No witnesses, no violence, no victim.  An extraordinary crime that was solved by Don Hancock, delivering up three brothers, Brian, Peter and Ray Mickelberg, who copped lengthy sentences. 
   And it was all based on falsified evidence. 
   Lovell's first book, The Mickelberg Stitch, 1985, detailed a forged fingerprint, false confessions and a sham sketch of a suspect.  The book was swiftly banned on police applications. 
   His second book, Split Image, did not even hit the streets because of police and Crown threats to booksellers. 
   A few weeks after the murder of Billy Grierson, Ora Banda was blown to pieces.  A year later, Don Hancock was executed by a car bomb. 
   Was it the bikies? … Or was it crooked fellow cops or disgruntled business 'associates' afraid he would reveal his dark secrets? 
   The bizarre history of a twisted judicial and police system is exposed! (from back cover) 
EX GRATIA PAYMENT REFUSED 
   The author, Avon Lovell, sought millions in compensation or an ex gratia payment for the losses sustained by him because the legal system preventing him from publishing books, which had been written to get justice for the Mickelbergs.  Evidence had been fabricated by the police in order to secure convictions of the brothers. 
   But, the Attorney General, former Director of Public Prosecutions, Christian Porter, denied him the payment. (p 269) 
   Corrupt public officers are allowed to resign a heartbeat before being charged with criminal offences.  The Police Commissioner claims that he is unable to use police regulations to deal with crooked police because they are no longer in the force. 
   The Corruption and Crime Commission declares that because the offenders are no longer public servants, it has no powers to act. 
   As this book was being prepared the Western Australian Chief Justice, Wayne Martin, launched an attack on the DPP in a case where a DPP prosecutor deliberately withheld evidence from the defence which was a breach of disclosure rules. (p 269) 
   In response, the Director of Public Prosecutions, Joe McGrath (who succeeded Robert Cock as DPP) was unrepentant and refused to discipline the offending prosecutor. 
   The Attorney General, Mr Porter (a former senior prosecutor with the DPP) said he would check with the Director as to his views ! (p 270) 
   All those officials who committed crimes leading to the false convictions, and during the long years of appeals, have got away scot free, under the cloak of collaboration of previous Attorney General Jim McGinty, the present Attorney General Porter, and the Cabinet of Western Australia. 
   Shame! 
   On 22 October 2010 Mr Lovell was forced to sell his home. (p 270) 
OTHER CASES 
   As for the method of obtaining these false convictions, in the Gypsy Joker trials, Caporn emerged as one of the prime investigators who created the fantasy confession of "Snot" Reid, which was aimed at causing the conviction of Graeme Slater for the murder of Don Hancock. 
   Ken Bates was the DPP prosecutor in Reid's secret trial and in Slater's debacle in which a jury threw out the case as entirely based on constructed lies. (This case bubbled into the news again around June 2011.) 
   Ken Bates was the fall guy for the DPP whose "punishment" was to be invited to resign by the Director, Robert Cock. (pp 258-9) 
   The book mentions the Stephen Wardle case of the early 1980s, who was beaten and died of drugs allegedly injected into him while in police custody; 17 police refused to give evidence to official inquiries and none was ordered to. (p 137) 
   Introduction by Mr Bret Christian, editor, Post newspaper group. 
   DETAILS: Publisher: Bookscope, <www.bookscope.com.au>, PO Box 89, Greenwood, WA, Australia; Tel. +61 417 095 535; © 2010 by Avon Francis Lovell, Perth, W. Australia.  978-0-9808715-0-0; 270 pages, soft covers, 14·5 x 20·8 x 1·6 centimetres (5 3/4 x 8 1/4 x 5/8 inches), contents, no index, photographs.

http://www.johnm.multiline.com.au/australia/austbooks.htm#litany-of-lies


The Wronged Man Part One – Transcript

http://www.abc.net.au/austory/content/2007/s3023243.htm

Program Transcript: Monday, 27 September, 2010

CAROLINE JONES, PRESENTER: 

Hello I’m Caroline Jones. Tonight, the story of an innocent man and the failure of a justice system. 

In 1995, Andrew Mallard was convicted of murder and served 12 years in jail, until the combined efforts of a journalist, a member of parliament and a team of high profile lawyers finally saw him exonerated. 

Tonight he speaks for the first time about the circumstances leading up to his wrongful imprisonment and the torment he endured. 

This is his story.

ANDREW MALLARD:


 I was wrongfully imprisoned. There’s a stigma that goes with that and still goes with that. I still get abuse from certain members of the public. I still get scoffed at et cetera. People don’t know the full story. They think I’m some sort of psycho, some sort of mentally ill patient. I had done nothing wrong. I was innocent and I protested my innocence from the word ‘go’. All the way through the procedure I was always saying, ‘I'm innocent, I'm innocent, I didn't kill that woman, I'm innocent.’ And the police holding cell guards would look me and go, ‘Sure mate, they all say that.’ So from the word go for nearly 11 and a half, nearly 12 years, I was protesting my innocence consistently, continually, because it was the truth!


 
Former Assistant Western Australian Police Commissioner David Caporn,
who has been accused of being involved with former Western Australian Assistant Police Commissioner, Malcolm William Shervill, and senior Director of Public Prosecutions prosecutor Kenneth Bates and others, in  setting up Andrew Mallard to obtain a wrongful murder conviction against Andrew Mallard, which cause Andrew Mallard to wrongfully spent 12 years in jail on what was to be a 20 year jail sentence, if Andrew Mallard's murder conviction was not set aside by the High Court of Australia.


Mallard prosecutor complaint passed on

Updated 

http://www.abc.net.au/news/2009-08-14/mallard-prosecutor-complaint-passed-on/1390544

The body that oversees complaints against lawyers has referred a complaint against a former prosecutor at the Director of Public Prosecutions (DPP) to an eastern states senior counsel.

Ken Bates was facing disciplinary proceedings for his role in the wrongful murder conviction of Andrew Mallard when he agreed to end his contract 19 months early.

He received a payout worth hundreds of thousands of dollars.

Correspondence, tabled in Parliament yesterday, revealed the Legal Practitioners Complaints Committee has referred aspects of a complaint against Mr Bates to a senior counsel in the eastern states.

The correspondence also revealed the former DPP, Robert Cock, wanted to negotiate an early end to Mr Bates' contract because he believed the disciplinary process was unlikely to be completed within two years.

The shadow Attorney-General, John Quigley, says the information calls into question Mr Cock's suitability for his new role as special counsel to the State Government.

Mr Quigley says the information reveals Mr Cock's desire to save the DPP from embarrassment by sacking Mr Bates.

"Mr Cock did not want the truth of what happened to Andrew Mallard to ever see the light of day. He should have stood Mr Bates' down years ago," he said.

He says he has advised Mr Mallard to seek the advice of an eastern states Queens Counsel (QC) over whether Mr Bates and the two police officers involved in his wrongful conviction should face criminal charges.

Mr Cock's employer, the Public Sector Commissioner Mal Wauchope, has been unavailable for comment.

The Wronged Man Part One – Transcript

http://www.abc.net.au/austory/content/2007/s3023243.htm

Program Transcript: Monday, 27 September, 2010

CAROLINE JONES, PRESENTER: Hello I’m Caroline Jones. Tonight, the story of an innocent man and the failure of a justice system. In 1995, Andrew Mallard was convicted of murder and served 12 years in jail, until the combined efforts of a journalist, a member of parliament and a team of high profile lawyers finally saw him exonerated. Tonight he speaks for the first time about the circumstances leading up to his wrongful imprisonment and the torment he endured. This is his story.

ANDREW MALLARD: I was wrongfully imprisoned. There’s a stigma that goes with that and still goes with that. I still get abuse from certain members of the public. I still get scoffed at et cetera. People don’t know the full story. They think I’m some sort of psycho, some sort of mentally ill patient. I had done nothing wrong. I was innocent and I protested my innocence from the word ‘go’. All the way through the procedure I was always saying, ‘I'm innocent, I'm innocent, I didn't kill that woman, I'm innocent.’ And the police holding cell guards would look me and go, ‘Sure mate, they all say that.’ So from the word go for nearly 11 and a half, nearly 12 years, I was protesting my innocence consistently, continually, because it was the truth!

COLLEEN EGAN, JOURNALIST AND AUTHOR: There probably are still people out there who believe that Andrew did it. There probably always will be. It was just a cruel twist of fate that put him on a collision course, I suppose, with this inquiry and it was just a matter of fact that there were police who were willing to act dishonestly. There was a prosecutor willing to run a case that wasn’t quite right. And there were judges who refused to believe it when evidence was put in front of them. And they saw what the High Court saw.

GRACE MALLARD, MOTHER: Twelve years is a long time to be fighting like that, for nothing, and getting knocked back and then keep going. It’s a long time.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: There was never a moment that I thought that this is too long or this is too hard. I was by this stage driven by both anger and acute embarrassment, acute embarrassment of the legal profession and the judiciary in Perth. That I’d been part of this whole system for 30 years.

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: When there seemed to be this team around him of quite senior and important people working for his side. We felt as though they were fighting to get mum's killer out of jail. We felt as though no-one cared what we'd been through and that he'd somehow convinced them of his innocence. At the time, it didn't occur to us that the justice system could have failed so dismally.

COLLEEN EGAN, JOURNALIST AND AUTHOR: It was about five o’clock in the afternoon and that day was the day of a big freak storm. Everyone in Perth remembered it for this terrible weather that suddenly came in. Shops were closing up around Glyde Street in Mosman Park where Pamela Lawrence had a little jewellery store.

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: I was driving home from uni and it was already pitch black and there were branches all over the road. So I thought I’d drive down to the shop where I assumed mum and dad were both working late because that was quite normal. From the top of the hill, driving down Glyde Street, I could see the ambulance out the front of the shop. So I parked out the front of the shop and went to the doorway and dad saw me and sort of blocked the doorway and with his body language backed me out of the door so I couldn’t see what was happening in there, and told me that mum had been attacked. Dad looked like he’d seen a ghost. He had no colour in him, but I still didn’t actually think that it could be anywhere near as serious as it was.

COLLEEN EGAN, JOURNALIST AND AUTHOR: Pamela’s husband, Peter Lawrence went and found she didn’t come home and went down to the shop and realized that she had been bludgeoned in a very, very violent attack.

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: And the paramedics brought mum out of the shop on a stretcher and into the back of the ambulance. I saw her. She was just bandaged and her face looked beautiful as usual, she was just in a jumper and jeans. She just looked like she was asleep but with a bandage round her head. And dad needed to stay to talk to the police. When I got home I called the hospital and the nurse that answered the phone said to me that they’d stopped CPR because they couldn’t do anything. And then I had to go and tell my sister, which was probably the worst moment of my life. (Tears)

COLLEEN EGAN, JOURNALIST AND AUTHOR: Understandably there was a very big manhunt that went on immediately for who may have killed this woman who didn’t seem to have an enemy in the world.

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: It's really hard to do mum justice in words. She enjoyed her family and enjoyed being a mum more than anything. It sounds cheesy, but she really did light up a room. She had a really easy laugh, was very bubbly, very, very warm. Mum wouldn't have considered herself to be a jeweller. She had been a nurse for 20 years. She'd worked as a theatre nurse in operating theatres for most of her career, and then was in nursing homes doing agency work for the couple of years before we bought Flora Metallica. Flora Metallica was really a business opportunity that we came across a few years before she died to give her a chance to be creative.

COLLEEN EGAN, JOURNALIST AND AUTHOR: There was 136 suspects initially on the suspect list, because someone had seen someone in the window. A man and there was an identikit description put out, and so the police amassed a large number of suspects and Andrew Mallard was one of those suspects.

ANDREW MALLARD: I was down on my luck, I was vulnerable, I was living on the streets, I was trying to survive. I was suffering from a nervous breakdown basically and I was so embarrassed by the situation that I didn't want to approach my family for help, so I tried to make it on my own.

GRACE MALLARD, MOTHER: I was very worried. So was Roy. We were both worried. We didn’t know what to do. We felt helpless. He hadn’t been eating. He’d been smoking pot and living rough. I mean he just was not normal at that time. Not what you’d call stable anyway. He wasn’t stable.

ANDREW MALLARD: I was given a place to sleep in Mosman Park with a young girl, a young woman, who had offered her place, a lounge room, to sleep on while I sort myself out before moving on. Her boyfriend, had troubles with her boyfriend, blah, blah, blah. I went into, I was in a la la land. I approached her boyfriend, pretending to be a police officer, um, eventually I broke into his apartment, another night pretending to be a police officer. I took a few things of his, went back to the young woman's place and said, ‘I've just gone down to..... you know, this is his things.’ Of course he's making a report to the police etc, I'm arrested for burglary. First offence, burglary, and later I'm charged with also impersonating a police officer.

COLLEEN EGAN, JOURNALIST AND AUTHOR: He also stole a chalice from the convent down the road, 'cause he wanted to impress the girl he was staying with because he wanted to pretend he was a wizard who did wicca. He was acting quite erratically and ended up in Graylands Psychiatric Hospital.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: Andrew at that stage, was itinerant, on the streets and obviously needed mental health support. So he went in for 21 days. Whilst in hospital, he was then interviewed by the police.

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: I don't remember many of the policemen, but Mal Shervill who headed the investigation came into our home and spent a lot of time with us and interviewed our family and just was very warm and considerate and kept us up to date with the investigation the whole way through. We were told by Mal Shervill that their prime suspect was in Graylands Mental Hospital and so there was no real rush. They didn't think that he was going to be able to hurt anybody else. That is what we were told.

ANDREW MALLARD: I was already incarcerated into a maximum security ward mental health ward. So when I was approached by Mr Caporn and Mr Emmet, I was already in a state of ‘What the hell's going on?’ And then, there's police asking me about a murderer, you know, a murder. What's going on?

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: He was not offered the public advocate or anyone from Legal Aid. You’re asking a mental patient in a psychotic condition as to his exact movements at a specific time, some two or three weeks before. So over a period of two or three days they excluded what Andrew was putting forward as alibi evidence and then came back and said ‘You're a liar’.

ANDREW MALLARD: I had over the course of my life had suffered from a behavioural situation where I was, I would always acquiesce. I would always try to please people. I was a people pleaser.

COLLEEN EGAN, JOURNALIST AND AUTHOR: After Andrew was released from the psychiatric institution, within hours of his release from there, he was put straight into a police interview room with Detective Caporn and he was there for eight hours, eight long hours with no parent, no guardian, no lawyer to advise him. Straight from a psychiatric institution into a police interview room.

ANDREW MALLARD: By that point I knew he was looking at me as the murderer. And that is when I started to protest my innocence. I said, ‘Look I’ve had nothing to do with that murder. I’m innocent.’

COLLEEN EGAN, JOURNALIST AND AUTHOR: None of that was recorded and those notes were used later in the trial, read word for word to the jury as a so-called confession.

ANDREW MALLARD: So I'm released into the community after the first interview with Mr Caporn and Mr Emmett, free, even though Mr Caporn states there was a confession at that point. And during that week of brief, confused, dazed freedom, I am approached by a man introducing himself as Gary. Gary was actually, I know now, an undercover officer.

GRACE MALLARD, MOTHER: Andrew was so desperate for a friend and someone to help him out, that he believed him.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: The undercover officer took Andrew about Fremantle, bought him hotel rooms, bought him alcohol, supplied him with a bong and on Andrew's account, cannabis and there could be no other explanation for where the cannabis came from but the undercover officer, because Andrew didn't have any money. The police agree that Andrew didn't have a bean.

COLLEEN EGAN, JOURNALIST AND AUTHOR: He denies having given Andrew cannabis, although that's been Andrew's consistent and maintained allegation, and he also did some quite extraordinary things, like dressing up Andrew in a kilt and helping to shave his head. And he was really fuelling this mania. So in full view of Andrew's undercover officer Andrew's mental health was deteriorating rapidly.

ON SCREEN CAPTION: Four days later, the undercover operation was called off. Andrew Mallard was arrested and interviewed for the second time, again without recording. Later in the day, a third interview was recorded on video.

(Excerpt of police interview)

OFFICER: Okay, now I’ve told you that you don’t have to undergo a video recorded record of interview, is that correct?

ANDREW MALLARD: You’ve told me that. My response to that is I want to be video recorded so I can be cleared.

OFFICER: We brought you in this morning and we had a conversation in relation to the murder of Pamela Lawrence at Mosman Park. Do you agree with that?

ANDREW MALLARD: I do.

OFFICER: During the course of those discussions you told us certain things.

(End of excerpt)

COLLEEN EGAN, JOURNALIST AND AUTHOR: It was supposedly a video confession but it was unlike any video interview I’ve ever seen before. It was quite bizarre.

(Excerpt continues)

OFFICER: You said that you needed money.

ANDREW MALLARD: I did.

OFFICER: And you told us that you went in through the rear of the shop at Flora Metallica. Is that what you told us?

ANDREW MALLARD: I told you that.

OFFICER: Okay, okay. I’m just going to go through that now okay, what you told us. We’ll sort the rest out later. Okay? You told us you went on the front on Glyde Street and that you were looking back and you saw that Flora Metallica the door was shut.

ANDREW MALLARD: Yes.

OFFICER: And you thought that it was closed so it was safe to do a break. Is that what you told us?

ANDREW MALLARD: That’s correct.

(End of excerpt)

COLLEEN EGAN, JOURNALIST AND AUTHOR: And they were just very leading questions from the detective trying to get Andrew to agree with things that he was saying and really so much of it just was clearly theorising.

(Excerpt of police interview continues)

OFFICER: You described the steps to us and you described the rear door and the flyscreen door.

ANDREW MALLARD: I did. May I say something else? 

OFFICER: Okay, yeah. Go on.

ANDREW MALLARD: If Pamela Lawrence was locking the store up, maybe she came in through the back way and the front door was already locked and she left the key in the back door, and that's why he had easy access and that's why she didn't hear him until...

OFFICER: We'll go on with what you told us earlier before we go into anything else, are you happy with that? 

ANDREW MALLARD: I'm very happy with that. 

OFFICER: Okay, no problems.

(End of excerpt)

ANDREW MALLARD: My father is an ex military man. My father said, ‘This sounds like a typical interrogation where you brainwash the prisoner, you pound the prisoner verbally to the point where the prisoner just becomes malleable and just repeats back whatever you want to say,’ and that's what they did to me. That's what that video interview is, is repeating back information supplied to me during unrecorded interviews to incriminate me.

(Excerpt of police interview continues)

OFFICER: You told us that she became hysterical and started screaming.

ANDREW MALLARD: That’s right, that’s what I said.

OFFICER: Again, it’s difficult because this is what you said to us. You said you didn’t mean…

ANDREW MALLARD: To cause any further injury because I panicked and at the time I thought I was on speed or drugs, but maybe not.

OFFICER: I think you said initially that you only meant to knock her out?

ANDREW MALLARD: That’s right.

OFFICER: You told us that she was dressed in what?

ANDREW MALLARD: A skirt of some sort. Again being a woman of taste, sophistication, she would have had to be in, not a skirt like this, but one that joins up.

(End of excerpt)

COLLEEN EGAN, JOURNALIST AND AUTHOR: Of course we found in hindsight that a lot of the information that he was giving in that video interview and in earlier interviews was information fed to him by the undercover officer and fed to him by the detectives that were interviewing him.

(Excerpt of police interview continues)

OFFICER: Okay but the fact is that you told us all these things and you now say that that was a complete pack of lies, that all the things that you told us was…

ANDREW MALLARD: I say that is my version, my conjecture of the scene of the crime.

OFFICER: We’ll leave it at that. End of story. Thanks very much.
(End of excerpt)

GRACE MALLARD, MOTHER: The next thing we knew, we had a telephone call from a policeman to say they’d arrested Andrew for murder.

(Excerpt of ABC News, July 1994)

REPORTER: Today, a breakthrough.POLICE OFFICER: Major Crime Squad have today charged Andrew Mark Mallard, 31 years of age, with the wilful murder of the death of Pamela Suzanne Lawrence.
(End of excerpt)

GRACE MALLARD, MOTHER: I couldn't believe it. You know? Andrew? Andrew's not violent. He's not a violent person, never was. He was a very gentle type of person. And you know, it just floored us.

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: Dad and Amy and I attended most of the trial. We were there every day, but we missed some, some parts just because it got too much at times. Ken Bates, the prosecutor, set my family at ease. He was confident that they had the right person. He, um, was confident that the evidence was strong. He expressed concern that the confessions may not be admissible and that the case was not anywhere near as strong if those confessions were thrown out.

COLLEEN EGAN, JOURNALIST AND AUTHOR: The whole of the case was based on these so called confessions.

(Excerpt of ABC News, November 1995)

REPORTER: The jury heard that although Mallard had twice confessed to the murder but had later retracted those confessions, there were 15 things he’d told police that only the killer would have known. 

(End of excerpt)

COLLEEN EGAN, JOURNALIST AND AUTHOR: There was no DNA, there were no fingerprints, there was no blood, despite this being a horrendously bloody scene, there was nothing forensically at all. The most damning single piece of evidence against Andrew at trial and when he was later trying to get his convictions overturned was this Sidchrome wrench drawing that he'd done during the unrecorded part of the police interview. We now know, having heard the body wire tapes of Gary the undercover officer that Sidchrome and the wrench was all discussed during that undercover operation that we never knew anything about. And the prosecutor said ‘With this wrench he killed her’ and Andrew was quickly convicted.

(Excerpt of ABC News)

REPORTER: Mallard, 33, continued to protest his innocence throughout the sentencing hearing frequently interjecting. Outside the court, Mallard’s father also protested his son’s innocence.

ROY MALLARD, FATHER: We know our son Andrew is innocent of this terrible crime. The real murderer is still free.

(End of excerpt)

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: We didn’t, I don’t think we felt a lot of hate. There was no real dwelling on that night at what happened. It was just more of this immense sadness of not having mum.

ON SCREEN CAPTIONS: December 1995… Andrew Mallard was sentenced to twenty years in strict security.
Appeals to the WA Supreme Court and the High Court failed.
His family vowed to fight on.

GRACE MALLARD, MOTHER: My husband used to sit up all night, and I'm not joking, all night, it would be 5 o'clock in the morning before he'd stagger into bed. I used to get up and say, ‘Come to bed’. He had all these transcripts and he'd be going through them making notes and ‘I've got to write this down while I think of it,’ and I've got to do this. I said ‘you can’t do anything now’.

ANDREW MALLARD: When I'm in prison I deliberately isolate myself. I don't trust anybody, no prisoners, no officers, nobody. I don't talk to anybody apart from ‘Hello, goodbye’ being civil, but I will not enter a conversation, I don't engage anybody. I stay in my cell and I draw. I'm an artist. I had a sign just inside my prison door, a big sign saying, ‘I, Andrew Mallard, will not speak to prison officers, police officers, or any other authority without proper legal representation. Thank you, good day. Go away’.

GRACE MALLARD, MOTHER: And then for about 12 months or so he wouldn't allow me to go in and visit him because he thought I was being got at by the police and manipulated by them to say things to him to upset him.

ANDREW MALLARD: I was already in this coping mechanism, this defence mechanism that I was in a brainwashing facility, police were aligned with the mafia.

ON SCREEN CAPTION: In 1998, Andrew Mallard’s father, Roy Mallard, suddenly became ill. He was diagnosed with cancer of the liver and pancreas.

GRACE MALLARD, MOTHER: My husband was a big tall man like his son and in three weeks he just melted away. And that was that. Well, I was absolutely, I couldn't cry. The doctor said to me, ‘You can cry, you know?’ And I said, ‘I can't. I just can't.’ (Cries) If it hadn't been for Jacqui, I don't know what I would have done.

ANDREW MALLARD: So when I got the phone call from my mother, it doesn’t phase me whatsoever and I’m going, ‘Mum, mum it’s alright. I know you’ve been told to say this. Don’t worry. I know it’s false. Don’t worry it’s okay’. And then she just breaks down and cries. She just can’t handle that. And then my sister’s on the phone. ‘Andrew, Andrew. It’s real. It’s real. Dad’s passed away. He’s dead. He’s dead.’ I’ve gone, ‘Look Jackie. It’s okay. I don’t believe you. I know you’re doing this. They won’t break me. They won’t break me.’

COLLEEN EGAN, JOURNALIST AND AUTHOR: I got a phone call one day from Grace Mallard and as a last resort I suppose, they came to me working as a journalist to try and investigate the case and find fresh evidence. When I was reading the transcript I really couldn't believe that anyone could be convicted on the evidence that Andrew was convicted on. They offered for me to go and see Andrew and I actually didn't want to do that at the time. I felt very strongly that I should stay as objective as I could. But after about a year I really felt like I'd chased every lead that I could without having spoken to him, so I asked to go and visit Andrew. And to my surprise he refused to see me. I hadn't realised then to what point his state had deteriorated.

ANDREW MALLARD: I believed she was part of that brainwashing process, so I wouldn’t accept any visits at all, particularly from Colleen Egan.

COLLEEN EGAN, JOURNALIST AND AUTHOR: So I gave them back the boxes of documents and said ‘Look, you should concentrate on trying to get him some psychiatric help in prison and if you manage to do that, call me, but otherwise good luck’, and I saw them drive away and I really thought I'd never see the Mallards again.

ON SCREEN CAPTION: 2000… Andrew Mallard was transferred back to Graylands Psychiatric Hospital. He had by now been in prison for six years.

ANDREW MALLARD: I’m adamant, defiant, etcetera. I’ve said to them ‘I’m not mentally ill. I don’t need any medication. I’m not going to take your drugs’. I was injected forcibly on anti-psychotic drugs which made me a zombie. But it was in that zombie state I realised ‘This is not the way to go, I have to start cooperating with these people and show them that I really am not mentally ill and that they've got it wrong’. And my mind is starting to accept and I've gone and spoke to the doctor and I said ‘Well, tell me about my father’ and he goes ‘Your father passed away on this day’ and so I thought about it ‘Okay, I believe you’. I wasn't emotional at that time, 'cause I'm going through a logical process, so it wasn't till in my own thoughts in my own privacy of my own cell later that I processed that and grieved for him then. (Gets upset)

COLLEEN EGAN, JOURNALIST AND AUTHOR: Jackie rang me and she said ‘Colleen, my brother's back. He came out of his shell and he came out fighting’. He just really wanted to meet me. So that was the year 2000. It was six years after Andrew had been put into jail and it was two years after I’d started looking at the case. But we just didn't have that one piece of fresh evidence we were looking for that was strong enough to get a case back into the courts

(Preview of next week’s program)

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: This was crucial evidence in the trial which he’d had all the while and had kept it from the court. It was plain as the nose on your face he couldn’t have been the murderer.

ANDREW MALLARD: Certain police officers state their concerns that they don’t think I was the murderer anyway.

COLLEEN EGAN, JOURNALIST AND AUTHOR: So it really showed a pattern of manipulation of evidence against Andrew Mallard.

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: I was terrified at the thought of him being released.

ANDREW MALLARD: You’re just spat out. You’re spat out of the belly of the beast, so to speak. Had the police done their job properly I would have been eliminated as a suspect.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: Another woman’s life in all likelihood would have been saved.
(End of preview)

END CAPTION:

The police interview with Andrew Mallard in tonight’s program was supplied with Mr Mallard’s consent and could only be broadcast following an order by the WA Supreme Court. 

The Wronged Man Part Two - Transcript

http://www.abc.net.au/austory/content/2007/s3029194.htm

Program Transcript: Monday, 4 October, 2010

CAROLINE JONES, PRESENTER: Hello I’m Caroline Jones. Tonight, we continue the story of Andrew Mallard who spent 12 years in prison, wrongfully convicted of murder. When finally he was exonerated, the truth revealed serious misconduct on both the part of police and prosecution. Andrew Mallard is telling his story for the first time, as he presses for those involved to be brought to account.

(Recap of last week’s show)
COLLEEN EGAN, JOURNALIST AND AUTHOR: That day was the day of a big freak storm. Shops were closing up around Glyde Street in Mosman Park where Pamela Lawrence had a little jewellery store. Pamela’s husband went down to the shop and realized that she had been bludgeoned in a very, very violent attack.
KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: They’d stopped CPR because they couldn’t do anything.
COLLEEN EGAN, JOURNALIST AND AUTHOR: There was 136 suspects initially on the suspect list. Andrew Mallard was one of those suspects. 
ANDREW MALLARD: I was down on my luck. I was vulnerable. I was living on the streets. I was trying to survive.
COLLEEN EGAN, JOURNALIST AND AUTHOR: He ended up in Graylands Psychiatric Hospital.
ANDREW MALLARD: And then there’s police asking me about a murderer, you know, a murder. What’s going on?
POLICE OFFICER (on police video): The fact is that you told us all these things and you now say that that was a complete pack of lies.
GRACE MALLARD, MOTHER: The next thing we knew, we had a telephone call from a policeman to say they’d arrested Andrew for murder.
COLLEEN EGAN, JOURNALIST AND AUTHOR: As a last resort they came to me, working as a journalist, to try and find fresh evidence. The most damning single piece of evidence was this Sidchrome wrench drawing that he’d done during the unrecorded part of the police interview. And the prosecutor said, ‘With this wrench he killed her.’ And Andrew was very quickly convicted.
ANDREW MALLARD: I was protesting my innocence consistently, continually, because it was the truth!


(End of recap)

COLLEEN EGAN, JOURNALIST AND AUTHOR: In 2002, I’d already been looking at this case for four years. Andrew was getting quite desperate. I was working as a political journalist by that stage for the 'Australian' newspaper and John Quigley had joined with the Labor Party, the backbench of the government. And in my former life as a court reporter, John Quigley was one of the best known and smartest lawyers in town.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: I became involved in the Mallard case a little bit reluctantly. I was in my first term in Parliament and I was approached by the reporter, Colleen Egan. Colleen had reported on many cases that I'd been involved in when I was representing Western Australian police officers, as I had for about 25 or 30 years been the counsel of choice for the Western Australian Police Union in Perth. So that when I was approached by Colleen Egan to help I was at once surprised, and secondly, a bit wary.

COLLEEN EGAN, JOURNALIST AND AUTHOR: Taking the case to John Quigley was a huge risk, mostly because he had worked for all that time for the police and for the Police Union and we were really worried about what he would do with the information that we gave him. But really, it turned out to be the best thing that we could ever have done. We'd been working on the case for four years and still didn't have a breakthrough, but within months of taking the case to John Quigley, we had breakthroughs. He saw things in the transcript that I didn’t see, because he understood police procedure so well. He could also get access to things that I just couldn’t get access to as a journalist and found that there was evidence, crucial evidence not disclosed at trial that we didn’t know about.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: I indicated to the Attorney General of the day Mr McGinty that I was about to make a big speech in Parliament. The Attorney General then, perhaps in an effort to avoid such a controversial speech being made, came to an agreement the DPP would lay on the table the whole of their file including their correspondence file, their litigation file. I've never had that offer in 30 years and it was only because I was holding a gun at everyone's head saying I was going to make this big speech in Parliament, that I was given that access. The DPP took me straight to the file and said the prosecutor's brought this file up to me and has marked this page and said ‘This should have been shown to the defence, this should have been shown to the court, and he's looking very ill the prosecutor but you should read it now’. And I was just stunned. I thought ‘what is this page?’ At trial the prosecutor, Mr Bates, had said on over 80 occasions that Andrew Mallard had murdered Pamela Lawrence by beating her about the head by a wrench. Whilst he was speaking those words, he had on his file on bar table, a report which said ‘that they'd done a test on a pig's head which had convinced the pathologist that a wrench could not have inflicted those injuries’. This was crucial evidence in the trial which he'd had all the while which he'd marked, so he'd read and had kept it from the court. This was something that a lawyer should never, ever do.

ANDREW MALLARD: And in fact, in the statement of facts to the prosecution, certain police officers state their concerns that they don't think that I was the murderer anyway. It’s in the statement of the facts to the prosecution.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: It was as plain as the nose on your face, he couldn’t have been the murderer. He had the most perfect alibi in the world on the crown case. He’d taken a taxi down to Mosman Park near the scene of the murder, didn’t have the money to pay for the taxi and done a runner on the taxi into a block of flats. The taxi driver stood off the block of flats waiting for him to come out and he knew that Andrew Mallard didn’t come out. The murder had happened at this time. This is impossible that Andrew Mallard committed this crime.

GRACE MALLARD, MOTHER: Jacqui and I and Quigley went to the prison to see Andrew, and of course Quigley being an MP got a special room for us.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: I went in there and I said ‘I know your son’s innocent’. I said, ‘this is not going to get you out tomorrow. This is going to take some years’. So I did something I hadn’t done with a client before. I got him to stand up and I hugged him. And I hugged him as hard as I could and I said, ‘Now look into my eyes.’ I’m looking up at him. I’m saying, ‘Now look into my eyes and tell me you understand what I’m saying. I will never leave you no matter how long it takes you, for the rest of your life, I will never leave you.’

GRACE MALLARD, MOTHER: It was overwhelming, really, you know? That Quigley would do that for us.

ONSCREEN CAPTION: June 2002… WA Attorney General, Jim McGinty, referred Andrew Mallard’s case back to the Supreme Court for a new appeal. Malcolm McCusker QC and Perth legal team Clayton Utz acted for Andrew Mallard without charge.

COLLEEN EGAN, JOURNALIST AND AUTHOR: Once the appeal was on foot, we subpoenaed as many documents as possible from the police files and we found original statements of witnesses just didn’t correspond with the evidence of their second statements, and even third statements that were presented in court. So it really showed a pattern of manipulation of evidence against Andrew Mallard.ANDREW MALLARD: At this point I’d become quite familiar with the West Australian justice system, or rather, the Western Australian injustice system, and I knew the appeal processes were a waste of time. What are we wasting our time with this appeal for? We should go straight to the High Court of Australia. We’re not going to get anything here in Western Australia.

(Excerpt from ABC News, June 2003)

REPORTER: Andrew Mallard’s family came to court for the first day of his appeal hoping the judges will agree he was wrongfully convicted.
JACQUI MALLARD: I’d just like to say that the wrong man is in jail, that this is an injustice.


(End of excerpt)KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: I never had any anger towards Andrew’s family but the team of people that were helping him, I felt like they must have their own agendas. I just didn’t understand how they could be putting us through more turmoil and more grief and prolonging the ordeal we were going through. We had high profile people from the police and prosecution that were still confident they had the right person.

(Excerpt of ABC News, June 2003)

REPORTER: It was claimed Mallard hit the mother of two with a wrench and drew a picture of the weapon for the police. Today defence lawyer Malcolm McCusker QC said his client provided the drawing after being stripped naked and beaten by police.
(End of excerpt)

ONSCREEN CAPTION: December 2003. The WA Supreme Court dismissed Andrew Mallard’s appeal. The Court found the new evidence did not alter the case against him.

GRACE MALLARD, MOTHER: I was just numb. ‘Numb’ is the word. I shut down I think. I'm not a person that shows a lot of emotion. I just shut down, the same as when Roy died. I shut down.

COLLEEN EGAN, JOURNALIST AND AUTHOR: I will still never understand and really never forgive the Supreme Court for not delivering justice to one of their own citizens. John Quigley, he's a politician and he had put himself out there. He alienated himself from the police who he represented for 25 years and he was out on a limb and the Supreme Court just chopped that limb off.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: And the union absolutely hated me and turned on me and wanted to destroy me. And the Police Union are still trying to destroy me, to this very day, over my advocacy for Andrew Mallard. Apart from my wife, even my own extended family would all criticise me and said that I’d lost my marbles.

COLLEEN EGAN, JOURNALIST AND AUTHOR: I was working as a weekly columnist in the Sunday Times and I found my credibility was getting questioned because I was seen to have put my reputation on the line for this murderer.

ANDREW MALLARD: To me it was no surprise. So I wasn’t at this point now, I’m seasoned, hardened, but not a criminal, but not a criminal. I’m quite, failed, okay, High Court now. That’ll be fine.

ONSCREEN CAPTION: November 2005… The High Court quashed Andrew Mallard’s conviction and ordered a retrial.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: Here’s a man that’s been in jail now for 11 years and the High Court has said it is because the police and prosecution suppressed evidence. Detective Sergeant Shervill and Detective Constable Caporn are now of course, Assistant Commissioners who sit around the command table. Anything in the brief that didn’t fit with their theory that Mallard was the murderer, they simply went back to a witness and got them to change a statement.

KARL O’CALLAGHAN, WA POLICE COMMISSIONER: One of the first things I did was refer the matter to the Corruption and Crime Commission for investigation. We potentially had two very senior police officers who may have done something wrong. There were other public officers involved in this particular prosecution and the only way the public, I think, could have been assured that independent review of the conduct of those officers was made, was that a Corruption and Crime Commission would do that.

ONSCREEN CAPTION: February 2006…the DPP, Robert Cock QC, dropped the case as some evidence was no longer admissible. But, he announced, Andrew Mallard remained the prime suspect.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: This meant that Andrew Mallard was to be released after 12 and half years for murder, after it having been announced to all of Western Australia that the DPP and the police still regarded him as the prime suspect.

COLLEEN EGAN, JOURNALIST AND AUTHOR: I was so angry. Everybody was furious. They still would not admit that they got it wrong. After 12 years Andrew was finally getting out of jail, but they still had to just dig it in and claim that he was still guilty.

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: The day that Andrew was released was a very difficult day for our family, because at that stage we still believed that he was guilty. I was terrified at the thought of him being released and being out there walking around in Perth, that we might bump into him. I didn’t know how he’d react. I was really scared at that thought.

(Excerpt of Andrew Mallard’s talking to press on his day of release)

ANDREW MALLARD (to the press, February 2006): I just want a good night’s sleep, free from officers viewing me in the port, and keys jangling and all that sort of thing. I just want to be able to sleep in peace.


(End of excerpt)

ANDREW MALLARD: People think ‘oh you're released from prison, everything's hunky dory’. No, not the case at all. I've had three years, nearly four years, of psychotherapy to deal with post-traumatic stress. If someone is found innocent after they've been wrongfully convicted, there's no provision in the system for that. You're just spat out, you're spat out of the belly of the beast, so to speak, and left to fend for yourself. I was released with $50 in my pocket which was a gratuity payment from the prison system. I had no clothing except for what I was wearing. My shoes had been in storage that long that the heels crumbled when I was walked. I was 12 years of limbo. So when I came out, I had to re-learn how to interact and socialise and interact with people. When I was first released I used to have tremendous panic attacks. And you have to remember I was called a prime suspect at that time too, so people used to give me a wide berth anyway. At one point, I was locked out of a shop. I felt the uneasiness and I went and sat on the table outside. Nice day, and I’m sitting there and I can hear the phone call going on and something and then I hear the bolt of the doors locking in the shop. So I just finished my drink and enjoyed the sunshine got on my bike and rode away.

COLLEEN EGAN, JOURNALIST AND AUTHOR: And Andrew would have lived for the rest of his life with this hanging over his head, so myself in the newspaper, John Quigley in the parliament, Malcolm McCusker in press conferences, really put a lot of pressure on the police service to have another look at this case, and they finally agreed to do a cold case review.

KARL O’CALLAGHAN, WA POLICE COMMISSIONER: : I went in there with a completely open mind. I wanted an objective inquiry conducted by the officers who had no connection with the original case, using modern technologies that are available to them and using more modern methods of investigation. I was just searching for the truth.

(Excerpt from ABC News, April 2006)

REPORTER: Police have enlisted the help of British expert, David Barclay, who was also involved in a cold case review of the Claremont serial killings.

DAVID BARCLAY: The Physical review looks at everything possible that we could get from all of the items and then tries to map them across on to all the scenarios and all the people.
KARL O’CALLAGHAN, WA POLICE COMMISSIONER (voiceover): This person was very experienced at looking at cold case murder cases and called for every item of evidence and every scrap of paper.
REPORTER: New digital technology has matched a palm print found on a glass cabinet in her Mosman Park jewellery store, to a man currently in jail for another violent crime, believed to be a murder.
ASSISTANT COMMISSIONER DAWSON: It is a new development. It is a significant development.

(End of excerpt)

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: The palm print that the cold case reviewer was shown led him to Simon Rochford, who was serving life for the murder of his girlfriend whom he had murdered, but seven short weeks after the murder of Pamela Lawrence.

COLLEEN EGAN, JOURNALIST AND AUTHOR: Significantly, both women had identical injuries in their heads and it was caused not by a Sidchrome wrench, but by a very strange and makeshift instrument that Simon Rochford had made and then used to kill both women.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: Moreover, Dr Cooke during the autopsy of the late Pamela Lawrence, had recovered from her head some shavings of blue paint and no one knew where this blue paint had come from. But it was an exact match to fragments of blue paint still in Simon Rochford's knapsack that the police still had after all these years. The knapsack in which he'd kept the murder weapon.

ONSCREEN CAPTION: May 2006. Within days of being questioned by police about the murder of Pamela Lawrence, Simon Rochford committed suicide in Albany Prison.

(Excerpt from ABC News, October 2006)

REPORTER: Today the release of a cold case review, finding the 44 year old had played no part in the 1994 murder of Pamela Lawrence.
KARL O’CALLAGHAN, WA POLICE COMMISSIONER: : Mr Mallard spent 12 years in prison for a crime, we think he didn’t commit. He’s no longer a person of interest and I’ve apologised to him for any part the WA Police may have played in that.
(End of Excerpt)

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: I think I was just in shock. I just never expected this to happen. I really did have faith in the justice system until all of this happened. The last thing any of us would have wanted, especially the last thing mum would have wanted, was for the wrong person to be punished over her death and for another family to have to be put through such an unbelievable ordeal.

ONSCREEN CAPTION: October 2008. The Corruption and Crime Commission (CCC) completed its inquiry into alleged misconduct by public officers.

(Excerpt from ABC News, October 2008)

REPORTER: After 83 days of public and private hearings, up to a dozen public officers were facing possible adverse findings. But in the final report today, only three of them were identified as having engaged in misconduct. The CCC has recommended disciplinary action against Assistant Commissioners Mal Shervill and Dave Caporn and Senior DPP lawyer, Ken Bates.

(End of excerpt)

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: The findings of the CCC inquiry shocked me. I really just didn’t know what to think. Mal Shervill was so kind and so warm to our family, that for him to have adverse findings made against him was very confusing and has been really hard to accept.

KARL O’CALLAGHAN, WA POLICE COMMISSIONER: : When the report from the Corruption and Crime Commission was handed down, my immediate response as Commissioner of Police was to serve these two officers with a loss of confidence notice. I was actually prevented from going any further with that, because I received legal advice from the State Solicitor’s office that I was not allowed to take notice of the Corruption and Crime Commission’s report, and I had to conduct my own separate investigation, notwithstanding that this investigation had been conducted by a learned judge over a long period of time. Now the difficulty there is, that while I was investigating both of these officers for misconduct, they resigned from the WA police and I had no power to take that investigation any further.

(Excerpt from ABC News, July 2009)

REPORTER: Mr Bates was asked to step down by the Director of Public Prosecutions, Robert Cock, QC. Mr Bates was one of three people whom the CCC criticised over the Mallard case and all have now avoided the public service disciplinary process

(End of excerpt)

ANDREW MALLARD: These people need to be made accountable for their actions. In my view there was a conspiracy to pervert the course of justice. This is a crime. Why should these people be above the law? Is this a democracy or a fascist state, I ask you?

COLLEEN EGAN, JOURNALIST AND AUTHOR: Well really when you look back at it, they may as well have taken that $5 million that they spent on the inquiry and just given it to Andrew. Because he doesn’t feel like he’s got justice now and I can’t blame him. Each of them were allowed to leave with all of their entitlements, and while they have gone through the suffering of their reputations and I recognise that that is punishment for them, they haven't been made to face the consequences in the way that Andrew certainly would like to see.

KARL O’CALLAGHAN, WA POLICE COMMISSIONER: : The most frustrating thing is there was no outcome for Andrew Mallard. There was no positive outcome for the WA Police either because we were never able to bring it to a resolution in a way that would have boosted the community’s confidence in what we do.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: When I was first studying the case, I jumped on my motorbike and rode down to what was Flora Metallica which is now a pizza shop, dismounted, got off and sat outside the shop just trying to absorb the scene. And I thought, a murder could not happen here and a murderer get away without being seen. But there was no a hint of anyone having seen it. Therefore, I was very surprised during the CCC inquiry to hear the evidence come out that there was, in fact a chap by the name of Lloyd Harvey Peirce who was living in a nearby flat when he observed a man running at speed from the back of Flora Metallica, across Stirling Highway. And a taxis coming and he’s put his hands on the bonnet of the taxi and Peirce, who’s up on this balcony here, has drawn the face of the person who put his hands on the bonnet of the taxi. Incredible isn’t it, and then kept that drawing on the reverse side of the painting he was doing.

COLLEEN EGAN, JOURNALIST AND AUTHOR: But when he went to tell the police about this, the police actually treated him like a suspect and acted in a very heavy handed manner with him, and so his evidence was really lost to the investigation.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: The policeman that came to see him was none other than Caporn and he didn’t come just to interview him, he came with a search warrant to roll him! Once Mr Peirce realizes how he’s being treated by Caporn he doesn’t say anything to Caporn. During the cold case review, they went back through all of the contacts and they came up with this chap’s name so they went and re-interviewed him. They went and chased up the picture and there was a drawing bearing a marked similarity to Simon Rochford. Another woman’s life in all likelihood would have been saved.

ANDREW MALLARD: Had the police done their job properly from the beginning I would have been eliminated as a suspect. They would probably, or likely have arrested Rochford before he killed his girlfriend. So they're responsible for another death.

KARL O’CALLAGHAN, WA POLICE COMMISSIONER: : I think what the community can take comfort from is that procedures have changed immeasurably since the time that Andrew Mallard was investigated and since I've been commissioner, we've invested many millions of dollars in improving investigative techniques and investigative procedures, in trying to get to a position where this sort of thing can't happen, or it is very, very difficult for such a thing to happen again in Western Australia.

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: I have enormous regrets at how long it took me to realize that Andrew was innocent. I really want people to know that my family believe Andrew's innocent, 100 per cent, and we have nothing but regret for what he's been put through and what his family and his supporters have gone through, and if it wasn't for them, I don't think we'd have ever of known the truth.

ANDREW MALLARD: I've recently graduated from Curtin University in a BA in Fine Art. The only

reason I remained in Perth as long as I did was to graduate. So I'm moving off to London to start a Masters in Fine Art. There's nothing here for me now. What certain police have done to me and certain members of the DPP have done to me and my family, have made living in Perth untenable, completely, absolutely.

COLLEEN EGAN, JOURNALIST AND AUTHOR: I really hope the next time that a vulnerable young man like Andrew Mallard becomes in the sights of a tunnel-visioned detective or two, that people think twice.

END CAPTIONS:

Andrew Mallard has received $3.25 million compensation from the State Government.

He’s awaiting an opinion from a leading interstate QC which could lay the ground for perversion of justice charges against officers involved in his wrongful conviction.


 
Former Assistant Western Australian Police Commissioner Malcolm William Shervill who has been accused of being involved with former Western Australian Assistant Police Commissioner, David Caporn and senior Director of Public Prosecutions prosecutor Kenneth Bates and others, in  setting up Andrew Mallard to obtain a wrongful murder conviction against Andrew Mallard, which cause Andrew Mallard to wrongfully spent 12 years in jail on what was to be a 20 year jail sentence, if Andrew Mallard's murder conviction was not set aside by the High Court of Australia



Above: Ken Bates a senior Western Australian Director of Prosecutions Prosecutor was stood down with a lucrative payoutvwith a serious Legal Practitioners Complaints Committee complaint against Ken Bates being looked at as a result of serious rulings by both the High Court of Australia and the Western Australian Corruption Commission that Ken Bates acted in an improper and maybe illegal way he handled the prosecution of Andrew Mallard which resulted in a wrongful murder conviction against Andrew Mallard ...

The Wronged Man Part One – Transcript

http://www.abc.net.au/austory/content/2007/s3023243.htm

Program Transcript: Monday, 27 September, 2010

CAROLINE JONES, PRESENTER: Hello I’m Caroline Jones. Tonight, the story of an innocent man and the failure of a justice system. In 1995, Andrew Mallard was convicted of murder and served 12 years in jail, until the combined efforts of a journalist, a member of parliament and a team of high profile lawyers finally saw him exonerated. Tonight he speaks for the first time about the circumstances leading up to his wrongful imprisonment and the torment he endured. This is his story.

ANDREW MALLARD: I was wrongfully imprisoned. There’s a stigma that goes with that and still goes with that. I still get abuse from certain members of the public. I still get scoffed at et cetera. People don’t know the full story. They think I’m some sort of psycho, some sort of mentally ill patient. I had done nothing wrong. I was innocent and I protested my innocence from the word ‘go’. All the way through the procedure I was always saying, ‘I'm innocent, I'm innocent, I didn't kill that woman, I'm innocent.’ And the police holding cell guards would look me and go, ‘Sure mate, they all say that.’ So from the word go for nearly 11 and a half, nearly 12 years, I was protesting my innocence consistently, continually, because it was the truth!

COLLEEN EGAN, JOURNALIST AND AUTHOR: There probably are still people out there who believe that Andrew did it. There probably always will be. It was just a cruel twist of fate that put him on a collision course, I suppose, with this inquiry and it was just a matter of fact that there were police who were willing to act dishonestly. There was a prosecutor willing to run a case that wasn’t quite right. And there were judges who refused to believe it when evidence was put in front of them. And they saw what the High Court saw.

GRACE MALLARD, MOTHER: Twelve years is a long time to be fighting like that, for nothing, and getting knocked back and then keep going. It’s a long time.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: There was never a moment that I thought that this is too long or this is too hard. I was by this stage driven by both anger and acute embarrassment, acute embarrassment of the legal profession and the judiciary in Perth. That I’d been part of this whole system for 30 years.

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: When there seemed to be this team around him of quite senior and important people working for his side. We felt as though they were fighting to get mum's killer out of jail. We felt as though no-one cared what we'd been through and that he'd somehow convinced them of his innocence. At the time, it didn't occur to us that the justice system could have failed so dismally.

COLLEEN EGAN, JOURNALIST AND AUTHOR: It was about five o’clock in the afternoon and that day was the day of a big freak storm. Everyone in Perth remembered it for this terrible weather that suddenly came in. Shops were closing up around Glyde Street in Mosman Park where Pamela Lawrence had a little jewellery store.

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: I was driving home from uni and it was already pitch black and there were branches all over the road. So I thought I’d drive down to the shop where I assumed mum and dad were both working late because that was quite normal. From the top of the hill, driving down Glyde Street, I could see the ambulance out the front of the shop. So I parked out the front of the shop and went to the doorway and dad saw me and sort of blocked the doorway and with his body language backed me out of the door so I couldn’t see what was happening in there, and told me that mum had been attacked. Dad looked like he’d seen a ghost. He had no colour in him, but I still didn’t actually think that it could be anywhere near as serious as it was.

COLLEEN EGAN, JOURNALIST AND AUTHOR: Pamela’s husband, Peter Lawrence went and found she didn’t come home and went down to the shop and realized that she had been bludgeoned in a very, very violent attack.

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: And the paramedics brought mum out of the shop on a stretcher and into the back of the ambulance. I saw her. She was just bandaged and her face looked beautiful as usual, she was just in a jumper and jeans. She just looked like she was asleep but with a bandage round her head. And dad needed to stay to talk to the police. When I got home I called the hospital and the nurse that answered the phone said to me that they’d stopped CPR because they couldn’t do anything. And then I had to go and tell my sister, which was probably the worst moment of my life. (Tears)

COLLEEN EGAN, JOURNALIST AND AUTHOR: Understandably there was a very big manhunt that went on immediately for who may have killed this woman who didn’t seem to have an enemy in the world.

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: It's really hard to do mum justice in words. She enjoyed her family and enjoyed being a mum more than anything. It sounds cheesy, but she really did light up a room. She had a really easy laugh, was very bubbly, very, very warm. Mum wouldn't have considered herself to be a jeweller. She had been a nurse for 20 years. She'd worked as a theatre nurse in operating theatres for most of her career, and then was in nursing homes doing agency work for the couple of years before we bought Flora Metallica. Flora Metallica was really a business opportunity that we came across a few years before she died to give her a chance to be creative.

COLLEEN EGAN, JOURNALIST AND AUTHOR: There was 136 suspects initially on the suspect list, because someone had seen someone in the window. A man and there was an identikit description put out, and so the police amassed a large number of suspects and Andrew Mallard was one of those suspects.

ANDREW MALLARD: I was down on my luck, I was vulnerable, I was living on the streets, I was trying to survive. I was suffering from a nervous breakdown basically and I was so embarrassed by the situation that I didn't want to approach my family for help, so I tried to make it on my own.

GRACE MALLARD, MOTHER: I was very worried. So was Roy. We were both worried. We didn’t know what to do. We felt helpless. He hadn’t been eating. He’d been smoking pot and living rough. I mean he just was not normal at that time. Not what you’d call stable anyway. He wasn’t stable.

ANDREW MALLARD: I was given a place to sleep in Mosman Park with a young girl, a young woman, who had offered her place, a lounge room, to sleep on while I sort myself out before moving on. Her boyfriend, had troubles with her boyfriend, blah, blah, blah. I went into, I was in a la la land. I approached her boyfriend, pretending to be a police officer, um, eventually I broke into his apartment, another night pretending to be a police officer. I took a few things of his, went back to the young woman's place and said, ‘I've just gone down to..... you know, this is his things.’ Of course he's making a report to the police etc, I'm arrested for burglary. First offence, burglary, and later I'm charged with also impersonating a police officer.

COLLEEN EGAN, JOURNALIST AND AUTHOR: He also stole a chalice from the convent down the road, 'cause he wanted to impress the girl he was staying with because he wanted to pretend he was a wizard who did wicca. He was acting quite erratically and ended up in Graylands Psychiatric Hospital.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: Andrew at that stage, was itinerant, on the streets and obviously needed mental health support. So he went in for 21 days. Whilst in hospital, he was then interviewed by the police.

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: I don't remember many of the policemen, but Mal Shervill who headed the investigation came into our home and spent a lot of time with us and interviewed our family and just was very warm and considerate and kept us up to date with the investigation the whole way through. We were told by Mal Shervill that their prime suspect was in Graylands Mental Hospital and so there was no real rush. They didn't think that he was going to be able to hurt anybody else. That is what we were told.

ANDREW MALLARD: I was already incarcerated into a maximum security ward mental health ward. So when I was approached by Mr Caporn and Mr Emmet, I was already in a state of ‘What the hell's going on?’ And then, there's police asking me about a murderer, you know, a murder. What's going on?

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: He was not offered the public advocate or anyone from Legal Aid. You’re asking a mental patient in a psychotic condition as to his exact movements at a specific time, some two or three weeks before. So over a period of two or three days they excluded what Andrew was putting forward as alibi evidence and then came back and said ‘You're a liar’.

ANDREW MALLARD: I had over the course of my life had suffered from a behavioural situation where I was, I would always acquiesce. I would always try to please people. I was a people pleaser.

COLLEEN EGAN, JOURNALIST AND AUTHOR: After Andrew was released from the psychiatric institution, within hours of his release from there, he was put straight into a police interview room with Detective Caporn and he was there for eight hours, eight long hours with no parent, no guardian, no lawyer to advise him. Straight from a psychiatric institution into a police interview room.

ANDREW MALLARD: By that point I knew he was looking at me as the murderer. And that is when I started to protest my innocence. I said, ‘Look I’ve had nothing to do with that murder. I’m innocent.’

COLLEEN EGAN, JOURNALIST AND AUTHOR: None of that was recorded and those notes were used later in the trial, read word for word to the jury as a so-called confession.

ANDREW MALLARD: So I'm released into the community after the first interview with Mr Caporn and Mr Emmett, free, even though Mr Caporn states there was a confession at that point. And during that week of brief, confused, dazed freedom, I am approached by a man introducing himself as Gary. Gary was actually, I know now, an undercover officer.

GRACE MALLARD, MOTHER: Andrew was so desperate for a friend and someone to help him out, that he believed him.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: The undercover officer took Andrew about Fremantle, bought him hotel rooms, bought him alcohol, supplied him with a bong and on Andrew's account, cannabis and there could be no other explanation for where the cannabis came from but the undercover officer, because Andrew didn't have any money. The police agree that Andrew didn't have a bean.

COLLEEN EGAN, JOURNALIST AND AUTHOR: He denies having given Andrew cannabis, although that's been Andrew's consistent and maintained allegation, and he also did some quite extraordinary things, like dressing up Andrew in a kilt and helping to shave his head. And he was really fuelling this mania. So in full view of Andrew's undercover officer Andrew's mental health was deteriorating rapidly.

ON SCREEN CAPTION: Four days later, the undercover operation was called off. Andrew Mallard was arrested and interviewed for the second time, again without recording. Later in the day, a third interview was recorded on video.

(Excerpt of police interview)

OFFICER: Okay, now I’ve told you that you don’t have to undergo a video recorded record of interview, is that correct?

ANDREW MALLARD: You’ve told me that. My response to that is I want to be video recorded so I can be cleared.

OFFICER: We brought you in this morning and we had a conversation in relation to the murder of Pamela Lawrence at Mosman Park. Do you agree with that?

ANDREW MALLARD: I do.

OFFICER: During the course of those discussions you told us certain things.

(End of excerpt)

COLLEEN EGAN, JOURNALIST AND AUTHOR: It was supposedly a video confession but it was unlike any video interview I’ve ever seen before. It was quite bizarre.

(Excerpt continues)

OFFICER: You said that you needed money.

ANDREW MALLARD: I did.

OFFICER: And you told us that you went in through the rear of the shop at Flora Metallica. Is that what you told us?

ANDREW MALLARD: I told you that.

OFFICER: Okay, okay. I’m just going to go through that now okay, what you told us. We’ll sort the rest out later. Okay? You told us you went on the front on Glyde Street and that you were looking back and you saw that Flora Metallica the door was shut.

ANDREW MALLARD: Yes.

OFFICER: And you thought that it was closed so it was safe to do a break. Is that what you told us?

ANDREW MALLARD: That’s correct.

(End of excerpt)

COLLEEN EGAN, JOURNALIST AND AUTHOR: And they were just very leading questions from the detective trying to get Andrew to agree with things that he was saying and really so much of it just was clearly theorising.

(Excerpt of police interview continues)

OFFICER: You described the steps to us and you described the rear door and the flyscreen door.

ANDREW MALLARD: I did. May I say something else? 

OFFICER: Okay, yeah. Go on.

ANDREW MALLARD: If Pamela Lawrence was locking the store up, maybe she came in through the back way and the front door was already locked and she left the key in the back door, and that's why he had easy access and that's why she didn't hear him until...

OFFICER: We'll go on with what you told us earlier before we go into anything else, are you happy with that? 

ANDREW MALLARD: I'm very happy with that. 

OFFICER: Okay, no problems.

(End of excerpt)

ANDREW MALLARD: My father is an ex military man. My father said, ‘This sounds like a typical interrogation where you brainwash the prisoner, you pound the prisoner verbally to the point where the prisoner just becomes malleable and just repeats back whatever you want to say,’ and that's what they did to me. That's what that video interview is, is repeating back information supplied to me during unrecorded interviews to incriminate me.

(Excerpt of police interview continues)

OFFICER: You told us that she became hysterical and started screaming.

ANDREW MALLARD: That’s right, that’s what I said.

OFFICER: Again, it’s difficult because this is what you said to us. You said you didn’t mean…

ANDREW MALLARD: To cause any further injury because I panicked and at the time I thought I was on speed or drugs, but maybe not.

OFFICER: I think you said initially that you only meant to knock her out?

ANDREW MALLARD: That’s right.

OFFICER: You told us that she was dressed in what?

ANDREW MALLARD: A skirt of some sort. Again being a woman of taste, sophistication, she would have had to be in, not a skirt like this, but one that joins up.

(End of excerpt)

COLLEEN EGAN, JOURNALIST AND AUTHOR: Of course we found in hindsight that a lot of the information that he was giving in that video interview and in earlier interviews was information fed to him by the undercover officer and fed to him by the detectives that were interviewing him.

(Excerpt of police interview continues)

OFFICER: Okay but the fact is that you told us all these things and you now say that that was a complete pack of lies, that all the things that you told us was…

ANDREW MALLARD: I say that is my version, my conjecture of the scene of the crime.

OFFICER: We’ll leave it at that. End of story. Thanks very much.
(End of excerpt)

GRACE MALLARD, MOTHER: The next thing we knew, we had a telephone call from a policeman to say they’d arrested Andrew for murder.

(Excerpt of ABC News, July 1994)

REPORTER: Today, a breakthrough.POLICE OFFICER: Major Crime Squad have today charged Andrew Mark Mallard, 31 years of age, with the wilful murder of the death of Pamela Suzanne Lawrence.
(End of excerpt)

GRACE MALLARD, MOTHER: I couldn't believe it. You know? Andrew? Andrew's not violent. He's not a violent person, never was. He was a very gentle type of person. And you know, it just floored us.

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: Dad and Amy and I attended most of the trial. We were there every day, but we missed some, some parts just because it got too much at times. Ken Bates, the prosecutor, set my family at ease. He was confident that they had the right person. He, um, was confident that the evidence was strong. He expressed concern that the confessions may not be admissible and that the case was not anywhere near as strong if those confessions were thrown out.

COLLEEN EGAN, JOURNALIST AND AUTHOR: The whole of the case was based on these so called confessions.

(Excerpt of ABC News, November 1995)

REPORTER: The jury heard that although Mallard had twice confessed to the murder but had later retracted those confessions, there were 15 things he’d told police that only the killer would have known. 

(End of excerpt)

COLLEEN EGAN, JOURNALIST AND AUTHOR:
 There was no DNA, there were no fingerprints, there was no blood, despite this being a horrendously bloody scene, there was nothing forensically at all. The most damning single piece of evidence against Andrew at trial and when he was later trying to get his convictions overturned was this Sidchrome wrench drawing that he'd done during the unrecorded part of the police interview. We now know, having heard the body wire tapes of Gary the undercover officer that Sidchrome and the wrench was all discussed during that undercover operation that we never knew anything about. And the prosecutor said ‘With this wrench he killed her’ and Andrew was quickly convicted.

(Excerpt of ABC News)

REPORTER: Mallard, 33, continued to protest his innocence throughout the sentencing hearing frequently interjecting. Outside the court, Mallard’s father also protested his son’s innocence.

ROY MALLARD, FATHER: We know our son Andrew is innocent of this terrible crime. The real murderer is still free.

(End of excerpt)

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: We didn’t, I don’t think we felt a lot of hate. There was no real dwelling on that night at what happened. It was just more of this immense sadness of not having mum.

ON SCREEN CAPTIONS: December 1995… Andrew Mallard was sentenced to twenty years in strict security.
Appeals to the WA Supreme Court and the High Court failed.
His family vowed to fight on.

GRACE MALLARD, MOTHER: My husband used to sit up all night, and I'm not joking, all night, it would be 5 o'clock in the morning before he'd stagger into bed. I used to get up and say, ‘Come to bed’. He had all these transcripts and he'd be going through them making notes and ‘I've got to write this down while I think of it,’ and I've got to do this. I said ‘you can’t do anything now’.

ANDREW MALLARD: When I'm in prison I deliberately isolate myself. I don't trust anybody, no prisoners, no officers, nobody. I don't talk to anybody apart from ‘Hello, goodbye’ being civil, but I will not enter a conversation, I don't engage anybody. I stay in my cell and I draw. I'm an artist. I had a sign just inside my prison door, a big sign saying, ‘I, Andrew Mallard, will not speak to prison officers, police officers, or any other authority without proper legal representation. Thank you, good day. Go away’.

GRACE MALLARD, MOTHER: And then for about 12 months or so he wouldn't allow me to go in and visit him because he thought I was being got at by the police and manipulated by them to say things to him to upset him.

ANDREW MALLARD: I was already in this coping mechanism, this defence mechanism that I was in a brainwashing facility, police were aligned with the mafia.

ON SCREEN CAPTION: In 1998, Andrew Mallard’s father, Roy Mallard, suddenly became ill. He was diagnosed with cancer of the liver and pancreas.

GRACE MALLARD, MOTHER: My husband was a big tall man like his son and in three weeks he just melted away. And that was that. Well, I was absolutely, I couldn't cry. The doctor said to me, ‘You can cry, you know?’ And I said, ‘I can't. I just can't.’ (Cries) If it hadn't been for Jacqui, I don't know what I would have done.

ANDREW MALLARD: So when I got the phone call from my mother, it doesn’t phase me whatsoever and I’m going, ‘Mum, mum it’s alright. I know you’ve been told to say this. Don’t worry. I know it’s false. Don’t worry it’s okay’. And then she just breaks down and cries. She just can’t handle that. And then my sister’s on the phone. ‘Andrew, Andrew. It’s real. It’s real. Dad’s passed away. He’s dead. He’s dead.’ I’ve gone, ‘Look Jackie. It’s okay. I don’t believe you. I know you’re doing this. They won’t break me. They won’t break me.’

COLLEEN EGAN, JOURNALIST AND AUTHOR:
 I got a phone call one day from Grace Mallard and as a last resort I suppose, they came to me working as a journalist to try and investigate the case and find fresh evidence. When I was reading the transcript I really couldn't believe that anyone could be convicted on the evidence that Andrew was convicted on. They offered for me to go and see Andrew and I actually didn't want to do that at the time. I felt very strongly that I should stay as objective as I could. But after about a year I really felt like I'd chased every lead that I could without having spoken to him, so I asked to go and visit Andrew. And to my surprise he refused to see me. I hadn't realised then to what point his state had deteriorated.

ANDREW MALLARD: I believed she was part of that brainwashing process, so I wouldn’t accept any visits at all, particularly from Colleen Egan.

COLLEEN EGAN, JOURNALIST AND AUTHOR: So I gave them back the boxes of documents and said ‘Look, you should concentrate on trying to get him some psychiatric help in prison and if you manage to do that, call me, but otherwise good luck’, and I saw them drive away and I really thought I'd never see the Mallards again.

ON SCREEN CAPTION: 2000… Andrew Mallard was transferred back to Graylands Psychiatric Hospital. He had by now been in prison for six years.

ANDREW MALLARD: I’m adamant, defiant, etcetera. I’ve said to them ‘I’m not mentally ill. I don’t need any medication. I’m not going to take your drugs’. I was injected forcibly on anti-psychotic drugs which made me a zombie. But it was in that zombie state I realised ‘This is not the way to go, I have to start cooperating with these people and show them that I really am not mentally ill and that they've got it wrong’. And my mind is starting to accept and I've gone and spoke to the doctor and I said ‘Well, tell me about my father’ and he goes ‘Your father passed away on this day’ and so I thought about it ‘Okay, I believe you’. I wasn't emotional at that time, 'cause I'm going through a logical process, so it wasn't till in my own thoughts in my own privacy of my own cell later that I processed that and grieved for him then. (Gets upset)

COLLEEN EGAN, JOURNALIST AND AUTHOR: Jackie rang me and she said ‘Colleen, my brother's back. He came out of his shell and he came out fighting’. He just really wanted to meet me. So that was the year 2000. It was six years after Andrew had been put into jail and it was two years after I’d started looking at the case. But we just didn't have that one piece of fresh evidence we were looking for that was strong enough to get a case back into the courts

(Preview of next week’s program)

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: This was crucial evidence in the trial which he’d had all the while and had kept it from the court. It was plain as the nose on your face he couldn’t have been the murderer.

ANDREW MALLARD: Certain police officers state their concerns that they don’t think I was the murderer anyway.

COLLEEN EGAN, JOURNALIST AND AUTHOR: So it really showed a pattern of manipulation of evidence against Andrew Mallard.

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: I was terrified at the thought of him being released.

ANDREW MALLARD: You’re just spat out. You’re spat out of the belly of the beast, so to speak. Had the police done their job properly I would have been eliminated as a suspect.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: Another woman’s life in all likelihood would have been saved.
(End of preview)

END CAPTION:

The police interview with Andrew Mallard in tonight’s program was supplied with Mr Mallard’s consent and could only be broadcast following an order by the WA Supreme Court. 

The Wronged Man Part Two - Transcript

http://www.abc.net.au/austory/content/2007/s3029194.htm

Program Transcript: Monday, 4 October, 2010

CAROLINE JONES, PRESENTER: Hello I’m Caroline Jones. Tonight, we continue the story of Andrew Mallard who spent 12 years in prison, wrongfully convicted of murder. When finally he was exonerated, the truth revealed serious misconduct on both the part of police and prosecution. Andrew Mallard is telling his story for the first time, as he presses for those involved to be brought to account.

(Recap of last week’s show)
COLLEEN EGAN, JOURNALIST AND AUTHOR: That day was the day of a big freak storm. Shops were closing up around Glyde Street in Mosman Park where Pamela Lawrence had a little jewellery store. Pamela’s husband went down to the shop and realized that she had been bludgeoned in a very, very violent attack.
KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: They’d stopped CPR because they couldn’t do anything.
COLLEEN EGAN, JOURNALIST AND AUTHOR: There was 136 suspects initially on the suspect list. Andrew Mallard was one of those suspects. 
ANDREW MALLARD: I was down on my luck. I was vulnerable. I was living on the streets. I was trying to survive.
COLLEEN EGAN, JOURNALIST AND AUTHOR: He ended up in Graylands Psychiatric Hospital.
ANDREW MALLARD: And then there’s police asking me about a murderer, you know, a murder. What’s going on?
POLICE OFFICER (on police video): The fact is that you told us all these things and you now say that that was a complete pack of lies.
GRACE MALLARD, MOTHER: The next thing we knew, we had a telephone call from a policeman to say they’d arrested Andrew for murder.
COLLEEN EGAN, JOURNALIST AND AUTHOR: As a last resort they came to me, working as a journalist, to try and find fresh evidence. The most damning single piece of evidence was this Sidchrome wrench drawing that he’d done during the unrecorded part of the police interview. And the prosecutor said, ‘With this wrench he killed her.’ And Andrew was very quickly convicted.
ANDREW MALLARD: I was protesting my innocence consistently, continually, because it was the truth!


(End of recap)

COLLEEN EGAN, JOURNALIST AND AUTHOR: In 2002, I’d already been looking at this case for four years. Andrew was getting quite desperate. I was working as a political journalist by that stage for the 'Australian' newspaper and John Quigley had joined with the Labor Party, the backbench of the government. And in my former life as a court reporter, John Quigley was one of the best known and smartest lawyers in town.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: I became involved in the Mallard case a little bit reluctantly. I was in my first term in Parliament and I was approached by the reporter, Colleen Egan. Colleen had reported on many cases that I'd been involved in when I was representing Western Australian police officers, as I had for about 25 or 30 years been the counsel of choice for the Western Australian Police Union in Perth. So that when I was approached by Colleen Egan to help I was at once surprised, and secondly, a bit wary.

COLLEEN EGAN, JOURNALIST AND AUTHOR: Taking the case to John Quigley was a huge risk, mostly because he had worked for all that time for the police and for the Police Union and we were really worried about what he would do with the information that we gave him. But really, it turned out to be the best thing that we could ever have done. We'd been working on the case for four years and still didn't have a breakthrough, but within months of taking the case to John Quigley, we had breakthroughs. He saw things in the transcript that I didn’t see, because he understood police procedure so well. He could also get access to things that I just couldn’t get access to as a journalist and found that there was evidence, crucial evidence not disclosed at trial that we didn’t know about.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: I indicated to the Attorney General of the day Mr McGinty that I was about to make a big speech in Parliament. The Attorney General then, perhaps in an effort to avoid such a controversial speech being made, came to an agreement the DPP would lay on the table the whole of their file including their correspondence file, their litigation file. I've never had that offer in 30 years and it was only because I was holding a gun at everyone's head saying I was going to make this big speech in Parliament, that I was given that access. The DPP took me straight to the file and said the prosecutor's brought this file up to me and has marked this page and said ‘This should have been shown to the defence, this should have been shown to the court, and he's looking very ill the prosecutor but you should read it now’. And I was just stunned. I thought ‘what is this page?’ At trial the prosecutor, Mr Bates, had said on over 80 occasions that Andrew Mallard had murdered Pamela Lawrence by beating her about the head by a wrench. Whilst he was speaking those words, he had on his file on bar table, a report which said ‘that they'd done a test on a pig's head which had convinced the pathologist that a wrench could not have inflicted those injuries’. This was crucial evidence in the trial which he'd had all the while which he'd marked, so he'd read and had kept it from the court. This was something that a lawyer should never, ever do.

ANDREW MALLARD: And in fact, in the statement of facts to the prosecution, certain police officers state their concerns that they don't think that I was the murderer anyway. It’s in the statement of the facts to the prosecution.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: It was as plain as the nose on your face, he couldn’t have been the murderer. He had the most perfect alibi in the world on the crown case. He’d taken a taxi down to Mosman Park near the scene of the murder, didn’t have the money to pay for the taxi and done a runner on the taxi into a block of flats. The taxi driver stood off the block of flats waiting for him to come out and he knew that Andrew Mallard didn’t come out. The murder had happened at this time. This is impossible that Andrew Mallard committed this crime.

GRACE MALLARD, MOTHER: Jacqui and I and Quigley went to the prison to see Andrew, and of course Quigley being an MP got a special room for us.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: I went in there and I said ‘I know your son’s innocent’. I said, ‘this is not going to get you out tomorrow. This is going to take some years’. So I did something I hadn’t done with a client before. I got him to stand up and I hugged him. And I hugged him as hard as I could and I said, ‘Now look into my eyes.’ I’m looking up at him. I’m saying, ‘Now look into my eyes and tell me you understand what I’m saying. I will never leave you no matter how long it takes you, for the rest of your life, I will never leave you.’

GRACE MALLARD, MOTHER: It was overwhelming, really, you know? That Quigley would do that for us.

ONSCREEN CAPTION: June 2002… WA Attorney General, Jim McGinty, referred Andrew Mallard’s case back to the Supreme Court for a new appeal. Malcolm McCusker QC and Perth legal team Clayton Utz acted for Andrew Mallard without charge.

COLLEEN EGAN, JOURNALIST AND AUTHOR: Once the appeal was on foot, we subpoenaed as many documents as possible from the police files and we found original statements of witnesses just didn’t correspond with the evidence of their second statements, and even third statements that were presented in court. So it really showed a pattern of manipulation of evidence against Andrew Mallard.ANDREW MALLARD: At this point I’d become quite familiar with the West Australian justice system, or rather, the Western Australian injustice system, and I knew the appeal processes were a waste of time. What are we wasting our time with this appeal for? We should go straight to the High Court of Australia. We’re not going to get anything here in Western Australia.

(Excerpt from ABC News, June 2003)

REPORTER: Andrew Mallard’s family came to court for the first day of his appeal hoping the judges will agree he was wrongfully convicted.
JACQUI MALLARD: I’d just like to say that the wrong man is in jail, that this is an injustice.


(End of excerpt)KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: I never had any anger towards Andrew’s family but the team of people that were helping him, I felt like they must have their own agendas. I just didn’t understand how they could be putting us through more turmoil and more grief and prolonging the ordeal we were going through. We had high profile people from the police and prosecution that were still confident they had the right person.

(Excerpt of ABC News, June 2003)

REPORTER: It was claimed Mallard hit the mother of two with a wrench and drew a picture of the weapon for the police. Today defence lawyer Malcolm McCusker QC said his client provided the drawing after being stripped naked and beaten by police.
(End of excerpt)

ONSCREEN CAPTION: December 2003. The WA Supreme Court dismissed Andrew Mallard’s appeal. The Court found the new evidence did not alter the case against him.

GRACE MALLARD, MOTHER: I was just numb. ‘Numb’ is the word. I shut down I think. I'm not a person that shows a lot of emotion. I just shut down, the same as when Roy died. I shut down.

COLLEEN EGAN, JOURNALIST AND AUTHOR: I will still never understand and really never forgive the Supreme Court for not delivering justice to one of their own citizens. John Quigley, he's a politician and he had put himself out there. He alienated himself from the police who he represented for 25 years and he was out on a limb and the Supreme Court just chopped that limb off.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: And the union absolutely hated me and turned on me and wanted to destroy me. And the Police Union are still trying to destroy me, to this very day, over my advocacy for Andrew Mallard. Apart from my wife, even my own extended family would all criticise me and said that I’d lost my marbles.

COLLEEN EGAN, JOURNALIST AND AUTHOR: I was working as a weekly columnist in the Sunday Times and I found my credibility was getting questioned because I was seen to have put my reputation on the line for this murderer.

ANDREW MALLARD: To me it was no surprise. So I wasn’t at this point now, I’m seasoned, hardened, but not a criminal, but not a criminal. I’m quite, failed, okay, High Court now. That’ll be fine.

ONSCREEN CAPTION: November 2005… The High Court quashed Andrew Mallard’s conviction and ordered a retrial.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: Here’s a man that’s been in jail now for 11 years and the High Court has said it is because the police and prosecution suppressed evidence. Detective Sergeant Shervill and Detective Constable Caporn are now of course, Assistant Commissioners who sit around the command table. Anything in the brief that didn’t fit with their theory that Mallard was the murderer, they simply went back to a witness and got them to change a statement.

KARL O’CALLAGHAN, WA POLICE COMMISSIONER: One of the first things I did was refer the matter to the Corruption and Crime Commission for investigation. We potentially had two very senior police officers who may have done something wrong. There were other public officers involved in this particular prosecution and the only way the public, I think, could have been assured that independent review of the conduct of those officers was made, was that a Corruption and Crime Commission would do that.

ONSCREEN CAPTION: February 2006…the DPP, Robert Cock QC, dropped the case as some evidence was no longer admissible. But, he announced, Andrew Mallard remained the prime suspect.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: This meant that Andrew Mallard was to be released after 12 and half years for murder, after it having been announced to all of Western Australia that the DPP and the police still regarded him as the prime suspect.

COLLEEN EGAN, JOURNALIST AND AUTHOR: I was so angry. Everybody was furious. They still would not admit that they got it wrong. After 12 years Andrew was finally getting out of jail, but they still had to just dig it in and claim that he was still guilty.

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: The day that Andrew was released was a very difficult day for our family, because at that stage we still believed that he was guilty. I was terrified at the thought of him being released and being out there walking around in Perth, that we might bump into him. I didn’t know how he’d react. I was really scared at that thought.

(Excerpt of Andrew Mallard’s talking to press on his day of release)

ANDREW MALLARD (to the press, February 2006): I just want a good night’s sleep, free from officers viewing me in the port, and keys jangling and all that sort of thing. I just want to be able to sleep in peace.


(End of excerpt)

ANDREW MALLARD: People think ‘oh you're released from prison, everything's hunky dory’. No, not the case at all. I've had three years, nearly four years, of psychotherapy to deal with post-traumatic stress. If someone is found innocent after they've been wrongfully convicted, there's no provision in the system for that. You're just spat out, you're spat out of the belly of the beast, so to speak, and left to fend for yourself. I was released with $50 in my pocket which was a gratuity payment from the prison system. I had no clothing except for what I was wearing. My shoes had been in storage that long that the heels crumbled when I was walked. I was 12 years of limbo. So when I came out, I had to re-learn how to interact and socialise and interact with people. When I was first released I used to have tremendous panic attacks. And you have to remember I was called a prime suspect at that time too, so people used to give me a wide berth anyway. At one point, I was locked out of a shop. I felt the uneasiness and I went and sat on the table outside. Nice day, and I’m sitting there and I can hear the phone call going on and something and then I hear the bolt of the doors locking in the shop. So I just finished my drink and enjoyed the sunshine got on my bike and rode away.

COLLEEN EGAN, JOURNALIST AND AUTHOR: And Andrew would have lived for the rest of his life with this hanging over his head, so myself in the newspaper, John Quigley in the parliament, Malcolm McCusker in press conferences, really put a lot of pressure on the police service to have another look at this case, and they finally agreed to do a cold case review.

KARL O’CALLAGHAN, WA POLICE COMMISSIONER: : I went in there with a completely open mind. I wanted an objective inquiry conducted by the officers who had no connection with the original case, using modern technologies that are available to them and using more modern methods of investigation. I was just searching for the truth.

(Excerpt from ABC News, April 2006)

REPORTER: Police have enlisted the help of British expert, David Barclay, who was also involved in a cold case review of the Claremont serial killings.

DAVID BARCLAY: The Physical review looks at everything possible that we could get from all of the items and then tries to map them across on to all the scenarios and all the people.
KARL O’CALLAGHAN, WA POLICE COMMISSIONER (voiceover): This person was very experienced at looking at cold case murder cases and called for every item of evidence and every scrap of paper.
REPORTER: New digital technology has matched a palm print found on a glass cabinet in her Mosman Park jewellery store, to a man currently in jail for another violent crime, believed to be a murder.
ASSISTANT COMMISSIONER DAWSON: It is a new development. It is a significant development.

(End of excerpt)

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: The palm print that the cold case reviewer was shown led him to Simon Rochford, who was serving life for the murder of his girlfriend whom he had murdered, but seven short weeks after the murder of Pamela Lawrence.

COLLEEN EGAN, JOURNALIST AND AUTHOR: Significantly, both women had identical injuries in their heads and it was caused not by a Sidchrome wrench, but by a very strange and makeshift instrument that Simon Rochford had made and then used to kill both women.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: Moreover, Dr Cooke during the autopsy of the late Pamela Lawrence, had recovered from her head some shavings of blue paint and no one knew where this blue paint had come from. But it was an exact match to fragments of blue paint still in Simon Rochford's knapsack that the police still had after all these years. The knapsack in which he'd kept the murder weapon.

ONSCREEN CAPTION: May 2006. Within days of being questioned by police about the murder of Pamela Lawrence, Simon Rochford committed suicide in Albany Prison.

(Excerpt from ABC News, October 2006)

REPORTER: Today the release of a cold case review, finding the 44 year old had played no part in the 1994 murder of Pamela Lawrence.
KARL O’CALLAGHAN, WA POLICE COMMISSIONER: : Mr Mallard spent 12 years in prison for a crime, we think he didn’t commit. He’s no longer a person of interest and I’ve apologised to him for any part the WA Police may have played in that.
(End of Excerpt)

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: I think I was just in shock. I just never expected this to happen. I really did have faith in the justice system until all of this happened. The last thing any of us would have wanted, especially the last thing mum would have wanted, was for the wrong person to be punished over her death and for another family to have to be put through such an unbelievable ordeal.

ONSCREEN CAPTION: October 2008. The Corruption and Crime Commission (CCC) completed its inquiry into alleged misconduct by public officers.

(Excerpt from ABC News, October 2008)

REPORTER: After 83 days of public and private hearings, up to a dozen public officers were facing possible adverse findings. But in the final report today, only three of them were identified as having engaged in misconduct. The CCC has recommended disciplinary action against Assistant Commissioners Mal Shervill and Dave Caporn and Senior DPP lawyer, Ken Bates.

(End of excerpt)

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: The findings of the CCC inquiry shocked me. I really just didn’t know what to think. Mal Shervill was so kind and so warm to our family, that for him to have adverse findings made against him was very confusing and has been really hard to accept.

KARL O’CALLAGHAN, WA POLICE COMMISSIONER: : When the report from the Corruption and Crime Commission was handed down, my immediate response as Commissioner of Police was to serve these two officers with a loss of confidence notice. I was actually prevented from going any further with that, because I received legal advice from the State Solicitor’s office that I was not allowed to take notice of the Corruption and Crime Commission’s report, and I had to conduct my own separate investigation, notwithstanding that this investigation had been conducted by a learned judge over a long period of time. Now the difficulty there is, that while I was investigating both of these officers for misconduct, they resigned from the WA police and I had no power to take that investigation any further.

(Excerpt from ABC News, July 2009)

REPORTER: Mr Bates was asked to step down by the Director of Public Prosecutions, Robert Cock, QC. Mr Bates was one of three people whom the CCC criticised over the Mallard case and all have now avoided the public service disciplinary process

(End of excerpt)

ANDREW MALLARD: These people need to be made accountable for their actions. In my view there was a conspiracy to pervert the course of justice. This is a crime. Why should these people be above the law? Is this a democracy or a fascist state, I ask you?

COLLEEN EGAN, JOURNALIST AND AUTHOR: Well really when you look back at it, they may as well have taken that $5 million that they spent on the inquiry and just given it to Andrew. Because he doesn’t feel like he’s got justice now and I can’t blame him. Each of them were allowed to leave with all of their entitlements, and while they have gone through the suffering of their reputations and I recognise that that is punishment for them, they haven't been made to face the consequences in the way that Andrew certainly would like to see.

KARL O’CALLAGHAN, WA POLICE COMMISSIONER: : The most frustrating thing is there was no outcome for Andrew Mallard. There was no positive outcome for the WA Police either because we were never able to bring it to a resolution in a way that would have boosted the community’s confidence in what we do.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: When I was first studying the case, I jumped on my motorbike and rode down to what was Flora Metallica which is now a pizza shop, dismounted, got off and sat outside the shop just trying to absorb the scene. And I thought, a murder could not happen here and a murderer get away without being seen. But there was no a hint of anyone having seen it. Therefore, I was very surprised during the CCC inquiry to hear the evidence come out that there was, in fact a chap by the name of Lloyd Harvey Peirce who was living in a nearby flat when he observed a man running at speed from the back of Flora Metallica, across Stirling Highway. And a taxis coming and he’s put his hands on the bonnet of the taxi and Peirce, who’s up on this balcony here, has drawn the face of the person who put his hands on the bonnet of the taxi. Incredible isn’t it, and then kept that drawing on the reverse side of the painting he was doing.

COLLEEN EGAN, JOURNALIST AND AUTHOR: But when he went to tell the police about this, the police actually treated him like a suspect and acted in a very heavy handed manner with him, and so his evidence was really lost to the investigation.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: The policeman that came to see him was none other than Caporn and he didn’t come just to interview him, he came with a search warrant to roll him! Once Mr Peirce realizes how he’s being treated by Caporn he doesn’t say anything to Caporn. During the cold case review, they went back through all of the contacts and they came up with this chap’s name so they went and re-interviewed him. They went and chased up the picture and there was a drawing bearing a marked similarity to Simon Rochford. Another woman’s life in all likelihood would have been saved.

ANDREW MALLARD: Had the police done their job properly from the beginning I would have been eliminated as a suspect. They would probably, or likely have arrested Rochford before he killed his girlfriend. So they're responsible for another death.

KARL O’CALLAGHAN, WA POLICE COMMISSIONER: : I think what the community can take comfort from is that procedures have changed immeasurably since the time that Andrew Mallard was investigated and since I've been commissioner, we've invested many millions of dollars in improving investigative techniques and investigative procedures, in trying to get to a position where this sort of thing can't happen, or it is very, very difficult for such a thing to happen again in Western Australia.

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: I have enormous regrets at how long it took me to realize that Andrew was innocent. I really want people to know that my family believe Andrew's innocent, 100 per cent, and we have nothing but regret for what he's been put through and what his family and his supporters have gone through, and if it wasn't for them, I don't think we'd have ever of known the truth.

ANDREW MALLARD: I've recently graduated from Curtin University in a BA in Fine Art. The only

reason I remained in Perth as long as I did was to graduate. So I'm moving off to London to start a Masters in Fine Art. There's nothing here for me now. What certain police have done to me and certain members of the DPP have done to me and my family, have made living in Perth untenable, completely, absolutely.

COLLEEN EGAN, JOURNALIST AND AUTHOR: I really hope the next time that a vulnerable young man like Andrew Mallard becomes in the sights of a tunnel-visioned detective or two, that people think twice.

END CAPTIONS:

Andrew Mallard has received $3.25 million compensation from the State Government.

He’s awaiting an opinion from a leading interstate QC which could lay the ground for perversion of justice charges against officers involved in his wrongful conviction.


COLLEEN EGAN, JOURNALIST AND AUTHOR: 

There probably are still people out there who believe that Andrew did it. There probably always will be. It was just a cruel twist of fate that put him on a collision course, I suppose, with this inquiry and it was just a matter of fact that there were police who were willing to act dishonestly. There was a prosecutor willing to run a case that wasn’t quite right. And there were judges who refused to believe it when evidence was put in front of them. And they saw what the High Court saw.

GRACE MALLARD, MOTHER: 

Twelve years is a long time to be fighting like that, for nothing, and getting knocked back and then keep going. It’s a long time.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: 


Above: John Quigley, prominent and well repsected solicitor in Perth, Now likely to be the Attorney General of Western Australia
 There was never a moment that I thought that this is too long or this is too hard. I was by this stage driven by both anger and acute embarrassment, acute embarrassment of the legal profession and the judiciary in Perth. That I’d been part of this whole system for 30 years.


KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: When there seemed to be this team around him of quite senior and important people working for his side. We felt as though they were fighting to get mum's killer out of jail. We felt as though no-one cared what we'd been through and that he'd somehow convinced them of his innocence. At the time, it didn't occur to us that the justice system could have failed so dismally.

COLLEEN EGAN, JOURNALIST AND AUTHOR: It was about five o’clock in the afternoon and that day was the day of a big freak storm. Everyone in Perth remembered it for this terrible weather that suddenly came in. Shops were closing up around Glyde Street in Mosman Park where Pamela Lawrence had a little jewellery store.

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: I was driving home from uni and it was already pitch black and there were branches all over the road. So I thought I’d drive down to the shop where I assumed mum and dad were both working late because that was quite normal. From the top of the hill, driving down Glyde Street, I could see the ambulance out the front of the shop. So I parked out the front of the shop and went to the doorway and dad saw me and sort of blocked the doorway and with his body language backed me out of the door so I couldn’t see what was happening in there, and told me that mum had been attacked. Dad looked like he’d seen a ghost. He had no colour in him, but I still didn’t actually think that it could be anywhere near as serious as it was.

COLLEEN EGAN, JOURNALIST AND AUTHOR: Pamela’s husband, Peter Lawrence went and found she didn’t come home and went down to the shop and realized that she had been bludgeoned in a very, very violent attack.

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: And the paramedics brought mum out of the shop on a stretcher and into the back of the ambulance. I saw her. She was just bandaged and her face looked beautiful as usual, she was just in a jumper and jeans. She just looked like she was asleep but with a bandage round her head. And dad needed to stay to talk to the police. When I got home I called the hospital and the nurse that answered the phone said to me that they’d stopped CPR because they couldn’t do anything. And then I had to go and tell my sister, which was probably the worst moment of my life. (Tears)

COLLEEN EGAN, JOURNALIST AND AUTHOR: Understandably there was a very big manhunt that went on immediately for who may have killed this woman who didn’t seem to have an enemy in the world.

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: It's really hard to do mum justice in words. She enjoyed her family and enjoyed being a mum more than anything. It sounds cheesy, but she really did light up a room. She had a really easy laugh, was very bubbly, very, very warm. Mum wouldn't have considered herself to be a jeweller. She had been a nurse for 20 years. She'd worked as a theatre nurse in operating theatres for most of her career, and then was in nursing homes doing agency work for the couple of years before we bought Flora Metallica. Flora Metallica was really a business opportunity that we came across a few years before she died to give her a chance to be creative.

COLLEEN EGAN, JOURNALIST AND AUTHOR: There was 136 suspects initially on the suspect list, because someone had seen someone in the window. A man and there was an identikit description put out, and so the police amassed a large number of suspects and Andrew Mallard was one of those suspects.

ANDREW MALLARD: I was down on my luck, I was vulnerable, I was living on the streets, I was trying to survive. I was suffering from a nervous breakdown basically and I was so embarrassed by the situation that I didn't want to approach my family for help, so I tried to make it on my own.

GRACE MALLARD, MOTHER: I was very worried. So was Roy. We were both worried. We didn’t know what to do. We felt helpless. He hadn’t been eating. He’d been smoking pot and living rough. I mean he just was not normal at that time. Not what you’d call stable anyway. He wasn’t stable.

ANDREW MALLARD: I was given a place to sleep in Mosman Park with a young girl, a young woman, who had offered her place, a lounge room, to sleep on while I sort myself out before moving on. Her boyfriend, had troubles with her boyfriend, blah, blah, blah. I went into, I was in a la la land. I approached her boyfriend, pretending to be a police officer, um, eventually I broke into his apartment, another night pretending to be a police officer. I took a few things of his, went back to the young woman's place and said, ‘I've just gone down to..... you know, this is his things.’ Of course he's making a report to the police etc, I'm arrested for burglary. First offence, burglary, and later I'm charged with also impersonating a police officer.

COLLEEN EGAN, JOURNALIST AND AUTHOR: He also stole a chalice from the convent down the road, 'cause he wanted to impress the girl he was staying with because he wanted to pretend he was a wizard who did wicca. He was acting quite erratically and ended up in Graylands Psychiatric Hospital.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: Andrew at that stage, was itinerant, on the streets and obviously needed mental health support. So he went in for 21 days. Whilst in hospital, he was then interviewed by the police.

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: I don't remember many of the policemen, but Mal Shervill who headed the investigation came into our home and spent a lot of time with us and interviewed our family and just was very warm and considerate and kept us up to date with the investigation the whole way through. We were told by Mal Shervill that their prime suspect was in Graylands Mental Hospital and so there was no real rush. They didn't think that he was going to be able to hurt anybody else. That is what we were told.

ANDREW MALLARD: I was already incarcerated into a maximum security ward mental health ward. So when I was approached by Mr Caporn and Mr Emmet, I was already in a state of ‘What the hell's going on?’ And then, there's police asking me about a murderer, you know, a murder. What's going on?

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: He was not offered the public advocate or anyone from Legal Aid. You’re asking a mental patient in a psychotic condition as to his exact movements at a specific time, some two or three weeks before. So over a period of two or three days they excluded what Andrew was putting forward as alibi evidence and then came back and said ‘You're a liar’.

ANDREW MALLARD: I had over the course of my life had suffered from a behavioural situation where I was, I would always acquiesce. I would always try to please people. I was a people pleaser.

COLLEEN EGAN, JOURNALIST AND AUTHOR: After Andrew was released from the psychiatric institution, within hours of his release from there, he was put straight into a police interview room with Detective Caporn and he was there for eight hours, eight long hours with no parent, no guardian, no lawyer to advise him. Straight from a psychiatric institution into a police interview room.

ANDREW MALLARD: By that point I knew he was looking at me as the murderer. And that is when I started to protest my innocence. I said, ‘Look I’ve had nothing to do with that murder. I’m innocent.’

COLLEEN EGAN, JOURNALIST AND AUTHOR: None of that was recorded and those notes were used later in the trial, read word for word to the jury as a so-called confession.

ANDREW MALLARD: So I'm released into the community after the first interview with Mr Caporn and Mr Emmett, free, even though Mr Caporn states there was a confession at that point. And during that week of brief, confused, dazed freedom, I am approached by a man introducing himself as Gary. Gary was actually, I know now, an undercover officer.

GRACE MALLARD, MOTHER: Andrew was so desperate for a friend and someone to help him out, that he believed him.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: The undercover officer took Andrew about Fremantle, bought him hotel rooms, bought him alcohol, supplied him with a bong and on Andrew's account, cannabis and there could be no other explanation for where the cannabis came from but the undercover officer, because Andrew didn't have any money. The police agree that Andrew didn't have a bean.

COLLEEN EGAN, JOURNALIST AND AUTHOR: He denies having given Andrew cannabis, although that's been Andrew's consistent and maintained allegation, and he also did some quite extraordinary things, like dressing up Andrew in a kilt and helping to shave his head. And he was really fuelling this mania. So in full view of Andrew's undercover officer Andrew's mental health was deteriorating rapidly.

ON SCREEN CAPTION: Four days later, the undercover operation was called off. Andrew Mallard was arrested and interviewed for the second time, again without recording. Later in the day, a third interview was recorded on video.

(Excerpt of police interview)

OFFICER: Okay, now I’ve told you that you don’t have to undergo a video recorded record of interview, is that correct?

ANDREW MALLARD: You’ve told me that. My response to that is I want to be video recorded so I can be cleared.

OFFICER: We brought you in this morning and we had a conversation in relation to the murder of Pamela Lawrence at Mosman Park. Do you agree with that?

ANDREW MALLARD: I do.

OFFICER: During the course of those discussions you told us certain things.

(End of excerpt)

COLLEEN EGAN, JOURNALIST AND AUTHOR: It was supposedly a video confession but it was unlike any video interview I’ve ever seen before. It was quite bizarre.

(Excerpt continues)

OFFICER: You said that you needed money.

ANDREW MALLARD: I did.

OFFICER: And you told us that you went in through the rear of the shop at Flora Metallica. Is that what you told us?

ANDREW MALLARD: I told you that.

OFFICER: Okay, okay. I’m just going to go through that now okay, what you told us. We’ll sort the rest out later. Okay? You told us you went on the front on Glyde Street and that you were looking back and you saw that Flora Metallica the door was shut.

ANDREW MALLARD: Yes.

OFFICER: And you thought that it was closed so it was safe to do a break. Is that what you told us?

ANDREW MALLARD: That’s correct.

(End of excerpt)

COLLEEN EGAN, JOURNALIST AND AUTHOR: And they were just very leading questions from the detective trying to get Andrew to agree with things that he was saying and really so much of it just was clearly theorising.

(Excerpt of police interview continues)

OFFICER: You described the steps to us and you described the rear door and the flyscreen door.

ANDREW MALLARD: I did. May I say something else? 

OFFICER: Okay, yeah. Go on.

ANDREW MALLARD: If Pamela Lawrence was locking the store up, maybe she came in through the back way and the front door was already locked and she left the key in the back door, and that's why he had easy access and that's why she didn't hear him until...

OFFICER: We'll go on with what you told us earlier before we go into anything else, are you happy with that? 

ANDREW MALLARD: I'm very happy with that. 

OFFICER: Okay, no problems.

(End of excerpt)

ANDREW MALLARD: My father is an ex military man. My father said, ‘This sounds like a typical interrogation where you brainwash the prisoner, you pound the prisoner verbally to the point where the prisoner just becomes malleable and just repeats back whatever you want to say,’ and that's what they did to me. That's what that video interview is, is repeating back information supplied to me during unrecorded interviews to incriminate me.

(Excerpt of police interview continues)

OFFICER: You told us that she became hysterical and started screaming.

ANDREW MALLARD: That’s right, that’s what I said.

OFFICER: Again, it’s difficult because this is what you said to us. You said you didn’t mean…

ANDREW MALLARD: To cause any further injury because I panicked and at the time I thought I was on speed or drugs, but maybe not.

OFFICER: I think you said initially that you only meant to knock her out?

ANDREW MALLARD: That’s right.

OFFICER: You told us that she was dressed in what?

ANDREW MALLARD: A skirt of some sort. Again being a woman of taste, sophistication, she would have had to be in, not a skirt like this, but one that joins up.

(End of excerpt)

COLLEEN EGAN, JOURNALIST AND AUTHOR: Of course we found in hindsight that a lot of the information that he was giving in that video interview and in earlier interviews was information fed to him by the undercover officer and fed to him by the detectives that were interviewing him.

(Excerpt of police interview continues)

OFFICER: Okay but the fact is that you told us all these things and you now say that that was a complete pack of lies, that all the things that you told us was…

ANDREW MALLARD: I say that is my version, my conjecture of the scene of the crime.

OFFICER: We’ll leave it at that. End of story. Thanks very much.
(End of excerpt)

GRACE MALLARD, MOTHER: The next thing we knew, we had a telephone call from a policeman to say they’d arrested Andrew for murder.

(Excerpt of ABC News, July 1994)

REPORTER: Today, a breakthrough.POLICE OFFICER: Major Crime Squad have today charged Andrew Mark Mallard, 31 years of age, with the wilful murder of the death of Pamela Suzanne Lawrence.
(End of excerpt)

GRACE MALLARD, MOTHER: I couldn't believe it. You know? Andrew? Andrew's not violent. He's not a violent person, never was. He was a very gentle type of person. And you know, it just floored us.

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: Dad and Amy and I attended most of the trial. We were there every day, but we missed some, some parts just because it got too much at times. Ken Bates, the prosecutor, set my family at ease. He was confident that they had the right person. He, um, was confident that the evidence was strong. He expressed concern that the confessions may not be admissible and that the case was not anywhere near as strong if those confessions were thrown out.

COLLEEN EGAN, JOURNALIST AND AUTHOR: The whole of the case was based on these so called confessions.

(Excerpt of ABC News, November 1995)

REPORTER: The jury heard that although Mallard had twice confessed to the murder but had later retracted those confessions, there were 15 things he’d told police that only the killer would have known. 

(End of excerpt)

COLLEEN EGAN, JOURNALIST AND AUTHOR: There was no DNA, there were no fingerprints, there was no blood, despite this being a horrendously bloody scene, there was nothing forensically at all. The most damning single piece of evidence against Andrew at trial and when he was later trying to get his convictions overturned was this Sidchrome wrench drawing that he'd done during the unrecorded part of the police interview. We now know, having heard the body wire tapes of Gary the undercover officer that Sidchrome and the wrench was all discussed during that undercover operation that we never knew anything about. And the prosecutor said ‘With this wrench he killed her’ and Andrew was quickly convicted.

(Excerpt of ABC News)

REPORTER: Mallard, 33, continued to protest his innocence throughout the sentencing hearing frequently interjecting. Outside the court, Mallard’s father also protested his son’s innocence.

ROY MALLARD, FATHER: We know our son Andrew is innocent of this terrible crime. The real murderer is still free.


Western Australian Police Officer Mark Emmett who was involved in the Andrew Mallard Investigation 

(End of excerpt)

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: We didn’t, I don’t think we felt a lot of hate. There was no real dwelling on that night at what happened. It was just more of this immense sadness of not having mum.

ON SCREEN CAPTIONS: December 1995… Andrew Mallard was sentenced to twenty years in strict security.
Appeals to the WA Supreme Court and the High Court failed.
His family vowed to fight on.

GRACE MALLARD, MOTHER: My husband used to sit up all night, and I'm not joking, all night, it would be 5 o'clock in the morning before he'd stagger into bed. I used to get up and say, ‘Come to bed’. He had all these transcripts and he'd be going through them making notes and ‘I've got to write this down while I think of it,’ and I've got to do this. I said ‘you can’t do anything now’.

ANDREW MALLARD: When I'm in prison I deliberately isolate myself. I don't trust anybody, no prisoners, no officers, nobody. I don't talk to anybody apart from ‘Hello, goodbye’ being civil, but I will not enter a conversation, I don't engage anybody. I stay in my cell and I draw. I'm an artist. I had a sign just inside my prison door, a big sign saying, ‘I, Andrew Mallard, will not speak to prison officers, police officers, or any other authority without proper legal representation. Thank you, good day. Go away’.

GRACE MALLARD, MOTHER: And then for about 12 months or so he wouldn't allow me to go in and visit him because he thought I was being got at by the police and manipulated by them to say things to him to upset him.

ANDREW MALLARD: I was already in this coping mechanism, this defence mechanism that I was in a brainwashing facility, police were aligned with the mafia.

ON SCREEN CAPTION: In 1998, Andrew Mallard’s father, Roy Mallard, suddenly became ill. He was diagnosed with cancer of the liver and pancreas.

GRACE MALLARD, MOTHER: My husband was a big tall man like his son and in three weeks he just melted away. And that was that. Well, I was absolutely, I couldn't cry. The doctor said to me, ‘You can cry, you know?’ And I said, ‘I can't. I just can't.’ (Cries) If it hadn't been for Jacqui, I don't know what I would have done.

ANDREW MALLARD: So when I got the phone call from my mother, it doesn’t phase me whatsoever and I’m going, ‘Mum, mum it’s alright. I know you’ve been told to say this. Don’t worry. I know it’s false. Don’t worry it’s okay’. And then she just breaks down and cries. She just can’t handle that. And then my sister’s on the phone. ‘Andrew, Andrew. It’s real. It’s real. Dad’s passed away. He’s dead. He’s dead.’ I’ve gone, ‘Look Jackie. It’s okay. I don’t believe you. I know you’re doing this. They won’t break me. They won’t break me.’

COLLEEN EGAN, JOURNALIST AND AUTHOR: I got a phone call one day from Grace Mallard and as a last resort I suppose, they came to me working as a journalist to try and investigate the case and find fresh evidence. When I was reading the transcript I really couldn't believe that anyone could be convicted on the evidence that Andrew was convicted on. They offered for me to go and see Andrew and I actually didn't want to do that at the time. I felt very strongly that I should stay as objective as I could. But after about a year I really felt like I'd chased every lead that I could without having spoken to him, so I asked to go and visit Andrew. And to my surprise he refused to see me. I hadn't realised then to what point his state had deteriorated.

ANDREW MALLARD: I believed she was part of that brainwashing process, so I wouldn’t accept any visits at all, particularly from Colleen Egan.

COLLEEN EGAN, JOURNALIST AND AUTHOR: So I gave them back the boxes of documents and said ‘Look, you should concentrate on trying to get him some psychiatric help in prison and if you manage to do that, call me, but otherwise good luck’, and I saw them drive away and I really thought I'd never see the Mallards again.

ON SCREEN CAPTION: 2000… Andrew Mallard was transferred back to Graylands Psychiatric Hospital. He had by now been in prison for six years.

ANDREW MALLARD: I’m adamant, defiant, etcetera. I’ve said to them ‘I’m not mentally ill. I don’t need any medication. I’m not going to take your drugs’. I was injected forcibly on anti-psychotic drugs which made me a zombie. But it was in that zombie state I realised ‘This is not the way to go, I have to start cooperating with these people and show them that I really am not mentally ill and that they've got it wrong’. And my mind is starting to accept and I've gone and spoke to the doctor and I said ‘Well, tell me about my father’ and he goes ‘Your father passed away on this day’ and so I thought about it ‘Okay, I believe you’. I wasn't emotional at that time, 'cause I'm going through a logical process, so it wasn't till in my own thoughts in my own privacy of my own cell later that I processed that and grieved for him then. (Gets upset)

COLLEEN EGAN, JOURNALIST AND AUTHOR: Jackie rang me and she said ‘Colleen, my brother's back. He came out of his shell and he came out fighting’. He just really wanted to meet me. So that was the year 2000. It was six years after Andrew had been put into jail and it was two years after I’d started looking at the case. But we just didn't have that one piece of fresh evidence we were looking for that was strong enough to get a case back into the courts

(Preview of next week’s program)

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: This was crucial evidence in the trial which he’d had all the while and had kept it from the court. It was plain as the nose on your face he couldn’t have been the murderer.

ANDREW MALLARD: Certain police officers state their concerns that they don’t think I was the murderer anyway.

COLLEEN EGAN, JOURNALIST AND AUTHOR: So it really showed a pattern of manipulation of evidence against Andrew Mallard.

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: I was terrified at the thought of him being released.

ANDREW MALLARD: You’re just spat out. You’re spat out of the belly of the beast, so to speak. Had the police done their job properly I would have been eliminated as a suspect.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: Another woman’s life in all likelihood would have been saved.
(End of preview)

END CAPTION:

The police interview with Andrew Mallard in tonight’s program was supplied with Mr Mallard’s consent and could only be broadcast following an order by the WA Supreme Court. 

The Wronged Man Part Two - Transcript

http://www.abc.net.au/austory/content/2007/s3029194.htm

Program Transcript: Monday, 4 October, 2010

CAROLINE JONES, PRESENTER: Hello I’m Caroline Jones. Tonight, we continue the story of Andrew Mallard who spent 12 years in prison, wrongfully convicted of murder. When finally he was exonerated, the truth revealed serious misconduct on both the part of police and prosecution. Andrew Mallard is telling his story for the first time, as he presses for those involved to be brought to account.

(Recap of last week’s show)
COLLEEN EGAN, JOURNALIST AND AUTHOR: That day was the day of a big freak storm. Shops were closing up around Glyde Street in Mosman Park where Pamela Lawrence had a little jewellery store. Pamela’s husband went down to the shop and realized that she had been bludgeoned in a very, very violent attack.
KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: They’d stopped CPR because they couldn’t do anything.
COLLEEN EGAN, JOURNALIST AND AUTHOR: There was 136 suspects initially on the suspect list. Andrew Mallard was one of those suspects. 
ANDREW MALLARD: I was down on my luck. I was vulnerable. I was living on the streets. I was trying to survive.
COLLEEN EGAN, JOURNALIST AND AUTHOR: He ended up in Graylands Psychiatric Hospital.
ANDREW MALLARD: And then there’s police asking me about a murderer, you know, a murder. What’s going on?
POLICE OFFICER (on police video): The fact is that you told us all these things and you now say that that was a complete pack of lies.
GRACE MALLARD, MOTHER: The next thing we knew, we had a telephone call from a policeman to say they’d arrested Andrew for murder.
COLLEEN EGAN, JOURNALIST AND AUTHOR: As a last resort they came to me, working as a journalist, to try and find fresh evidence. The most damning single piece of evidence was this Sidchrome wrench drawing that he’d done during the unrecorded part of the police interview. And the prosecutor said, ‘With this wrench he killed her.’ And Andrew was very quickly convicted.
ANDREW MALLARD: I was protesting my innocence consistently, continually, because it was the truth!


(End of recap)

COLLEEN EGAN, JOURNALIST AND AUTHOR: In 2002, I’d already been looking at this case for four years. Andrew was getting quite desperate. I was working as a political journalist by that stage for the 'Australian' newspaper and John Quigley had joined with the Labor Party, the backbench of the government. And in my former life as a court reporter, John Quigley was one of the best known and smartest lawyers in town.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: I became involved in the Mallard case a little bit reluctantly. I was in my first term in Parliament and I was approached by the reporter, Colleen Egan. Colleen had reported on many cases that I'd been involved in when I was representing Western Australian police officers, as I had for about 25 or 30 years been the counsel of choice for the Western Australian Police Union in Perth. So that when I was approached by Colleen Egan to help I was at once surprised, and secondly, a bit wary.

COLLEEN EGAN, JOURNALIST AND AUTHOR: Taking the case to John Quigley was a huge risk, mostly because he had worked for all that time for the police and for the Police Union and we were really worried about what he would do with the information that we gave him. But really, it turned out to be the best thing that we could ever have done. We'd been working on the case for four years and still didn't have a breakthrough, but within months of taking the case to John Quigley, we had breakthroughs. He saw things in the transcript that I didn’t see, because he understood police procedure so well. He could also get access to things that I just couldn’t get access to as a journalist and found that there was evidence, crucial evidence not disclosed at trial that we didn’t know about.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: I indicated to the Attorney General of the day Mr McGinty that I was about to make a big speech in Parliament. The Attorney General then, perhaps in an effort to avoid such a controversial speech being made, came to an agreement the DPP would lay on the table the whole of their file including their correspondence file, their litigation file. I've never had that offer in 30 years and it was only because I was holding a gun at everyone's head saying I was going to make this big speech in Parliament, that I was given that access. The DPP took me straight to the file and said the prosecutor's brought this file up to me and has marked this page and said ‘This should have been shown to the defence, this should have been shown to the court, and he's looking very ill the prosecutor but you should read it now’. And I was just stunned. I thought ‘what is this page?’ At trial the prosecutor, Mr Bates, had said on over 80 occasions that Andrew Mallard had murdered Pamela Lawrence by beating her about the head by a wrench. Whilst he was speaking those words, he had on his file on bar table, a report which said ‘that they'd done a test on a pig's head which had convinced the pathologist that a wrench could not have inflicted those injuries’. This was crucial evidence in the trial which he'd had all the while which he'd marked, so he'd read and had kept it from the court. This was something that a lawyer should never, ever do.

ANDREW MALLARD: And in fact, in the statement of facts to the prosecution, certain police officers state their concerns that they don't think that I was the murderer anyway. It’s in the statement of the facts to the prosecution.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: It was as plain as the nose on your face, he couldn’t have been the murderer. He had the most perfect alibi in the world on the crown case. He’d taken a taxi down to Mosman Park near the scene of the murder, didn’t have the money to pay for the taxi and done a runner on the taxi into a block of flats. The taxi driver stood off the block of flats waiting for him to come out and he knew that Andrew Mallard didn’t come out. The murder had happened at this time. This is impossible that Andrew Mallard committed this crime.

GRACE MALLARD, MOTHER: Jacqui and I and Quigley went to the prison to see Andrew, and of course Quigley being an MP got a special room for us.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: I went in there and