WEBVTT - A Possible Breakthrough?

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<v Speaker 1>Approche production.

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<v Speaker 2>Across the last year and a half, we've tried in

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<v Speaker 2>this podcast to uncover and understand which parts of all

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<v Speaker 2>the information we've gathered irrelevant to Eden's case. Of course,

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<v Speaker 2>there's been a lot of information put forward. Some of

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<v Speaker 2>it relates directly to Eden's death, some of it relates

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<v Speaker 2>to suspicions around what might have happened, and some of

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<v Speaker 2>it delves into the themes that have come up in

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<v Speaker 2>the investigation. This episode is about that final point we've

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<v Speaker 2>heard in the Eden Westbrook case that numerous experts and

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<v Speaker 2>witnesses have said that there are problems and inconsistencies on

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<v Speaker 2>how police handled the case from the artset. There are

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<v Speaker 2>questions about why some key witnesses took more than nine

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<v Speaker 2>years to be interviewed, and even then it wasn't a

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<v Speaker 2>formal interview, it was a conversation that really went nowhere.

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<v Speaker 2>And at the heart of this there's a family who

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<v Speaker 2>nearly ten years ago lost a daughter, a sister, and

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<v Speaker 2>a friend just one answers. Earlier this month, one of

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<v Speaker 2>Tasmania's coroners released an inquest into the findings of a

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<v Speaker 2>lady called Helen Bird. Helen was forty three and lived

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<v Speaker 2>in the south of Hobart.

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<v Speaker 3>In twenty ten, Helen Bird was found dead in her

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<v Speaker 3>shed in Hobart. A police investigation ruled it a suicide.

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<v Speaker 3>Thirteen years later, the case was re examined by a coroner.

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<v Speaker 3>He's now found her husband was responsible.

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<v Speaker 2>You might right now think that what's this got to

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<v Speaker 2>do with the in Westbrook case. Well, that team have

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<v Speaker 2>poured over the coronial findings of both cases and want

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<v Speaker 2>to address some of the striking similarities. The first is

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<v Speaker 2>that Helen didn't seem to have any reasons to want

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<v Speaker 2>to take her own life, much like Eden. At the

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<v Speaker 2>time of their deaths, they were planning for the future.

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<v Speaker 2>Eden had a camping trip planned with Jason, and.

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<v Speaker 4>Then she said, look, I'm gonnam, I got to get

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<v Speaker 4>some stuff for camp. We're going camping this weekend. I'm

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<v Speaker 4>going to get dad to take us to town and

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<v Speaker 4>get some supplies. I said, no worries, I love you,

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<v Speaker 4>and off she went and got Hunter and Jason and

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<v Speaker 4>they headed down to Saint Helen's which is only a

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<v Speaker 4>couple of kilometers away.

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<v Speaker 2>Jason, I'm just going to ask you, do you remember

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<v Speaker 2>that drive to go and get supplies for Thanks? Talk

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<v Speaker 2>to me about the drive.

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<v Speaker 5>We just girls needed stuff camp and that weekend Dad

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<v Speaker 5>take me down the store and need this need that

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<v Speaker 5>jumped in the car went down. I stayed in the car.

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<v Speaker 5>I don't get out. They go and do their stuff,

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<v Speaker 5>they come back. It was all just simple as that.

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<v Speaker 2>The coroner of both cases was the same coroner. Each

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<v Speaker 2>case was deemed a suicide without an inquest. On the

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<v Speaker 2>thirty first of March twenty eleven. The original coroner found

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<v Speaker 2>that Helen died of asphyxia and that no other person

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<v Speaker 2>contributed to her death. In particular, she named Helen's husband,

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<v Speaker 2>who the coroner found.

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<v Speaker 6>Had no involvement in her death.

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<v Speaker 2>He's an extract from Eden's findings without inquest from the

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<v Speaker 2>same coroner. These are their words, but not their voice.

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<v Speaker 6>I am satisfied that there are no suspicious circumstances surrounding

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<v Speaker 6>Eden's death or that any other person was involved. I

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<v Speaker 6>am further satisfied that Eden acted with the express intention

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<v Speaker 6>of ending her life.

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<v Speaker 3>Back to the Helen Bird case, the couple were married

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<v Speaker 3>for more than two decades and had three children together.

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<v Speaker 3>She was a palliative care nurse and the bread winner.

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<v Speaker 2>In twenty seventeen, six years after Helen was found, a

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<v Speaker 2>female detective got concerned. It was due to new information.

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<v Speaker 2>There was a fire that destroyed a house where Helen's

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<v Speaker 2>husband was living. Suspicions were raised when detectives discovered that

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<v Speaker 2>Mark Bird had fraudulently lodged two previous insurance claims worth

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<v Speaker 2>hundreds of thousands of dollars concerning his two previous homes.

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<v Speaker 2>He was sent to jail for four years.

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<v Speaker 3>The court heard he suffered from PTSD, struggled with alcohol

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<v Speaker 3>and drug abuse, and was convicted for setting fire to

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<v Speaker 3>property and then making false insurance claims.

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<v Speaker 2>Then the real work began. A detective started to investigate further.

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<v Speaker 2>She spoke to witnesses that said Helen wouldn't have wanted

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<v Speaker 2>to leave her kids. The female detective found out mister

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<v Speaker 2>Byrd was having an affair the time of his wife's death,

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<v Speaker 2>which he hadn't disclosed to police. The detective then prepared

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<v Speaker 2>a detailed report in November twenty twenty one, and the

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<v Speaker 2>Chief magistrate later reopened the investigation based on new evidence.

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<v Speaker 2>An inquest was held into Helen's death in late twenty

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<v Speaker 2>twenty three and finalized in twenty twenty four, but let's

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<v Speaker 2>quickly skip back to twenty ten when Helen passed away.

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<v Speaker 2>Helen's husband was the one that found her body. He

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<v Speaker 2>allegedly cut her down with a Stanley knife. When police

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<v Speaker 2>found Helen's body, the constable from the forensic services didn't

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<v Speaker 2>take measurements the scene. They didn't fingerprint the DNA or

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<v Speaker 2>the knife, the rope, or an alleged suicide note. In

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<v Speaker 2>a surprising coincidence, the same constable who failed to undertake

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<v Speaker 2>basic examinations and measurements in Helen's case was the same

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<v Speaker 2>one who attended Eden's crime scene. Helen's actual investigation on

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<v Speaker 2>the day was left to a constable without it seems

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<v Speaker 2>too much direction from more senior officers who attended the scene.

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<v Speaker 2>A constable was also responsible for doing the investigation into

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<v Speaker 2>Eden's death on behalf of the coroner. With a new

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<v Speaker 2>investigation going on around Helen's death, the police detective went

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<v Speaker 2>back to the rope to test how it would frey

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<v Speaker 2>in different circumstances. The testing raised doubts and questioned her

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<v Speaker 2>husband's version of events on the day of Helen's death.

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<v Speaker 2>Further testing concerning a slipknot also raised an issue about

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<v Speaker 2>the husband's version. Like the CCTV footage in Eden's case,

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<v Speaker 2>the rope in Helen's case had not been kept. This

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<v Speaker 2>meant the well meeting police needed to improvise based on

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<v Speaker 2>forensic photos from the crime scene. This new coronial inquest

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<v Speaker 2>the ones'd just taken place, was handed down fourteen years

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<v Speaker 2>since Helen's death. The new coroner found that she was

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<v Speaker 2>murdered and that her husband was involved.

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<v Speaker 3>The coroner, Robert Webster, has found mister Bird likely forced

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<v Speaker 3>his wife to breathe in toxic fumes, rendering her unconscious.

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<v Speaker 3>The coroner found mister Bird then tied his wife up

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<v Speaker 3>with a rope, and she died from asphyxiation. He'd also

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<v Speaker 3>been having affairs. On the eighth of July twenty ten,

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<v Speaker 3>mister Bird called police claiming he'd found his wife unconscious

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<v Speaker 3>in the shed at Blackman's Bay. Police say the investigation

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<v Speaker 3>is ongoing and they're urging anyone with information to come forward.

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<v Speaker 2>The coroner believed that Helen was incapacitated shortly before her death.

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<v Speaker 2>The coroner believes that the wrote was placed around her neck.

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<v Speaker 2>Mister Bird then made the scene look like a suicide.

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<v Speaker 2>He placed a phone at a photo of their kids

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<v Speaker 2>and a letter on the workbench of the garage. Sadly,

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<v Speaker 2>it seems that the letter was regarded as a suicide

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<v Speaker 2>note by police when it wasn't really. It was a

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<v Speaker 2>letter say how unhappy she was in her marriage. This

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<v Speaker 2>new female detective who investigated further checked phone records, calls,

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<v Speaker 2>and text messages of the victim. The coroner said a

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<v Speaker 2>series of miscalls and text from mister Bird to his

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<v Speaker 2>wife that morning.

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<v Speaker 7>Were contrived by mister Bird in order to provide himself

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<v Speaker 7>with an alibi.

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<v Speaker 2>The context of these texts in the lead up to

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<v Speaker 2>the death were also inconsistent with the previous communications. Helen's husband,

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<v Speaker 2>mister Bird had given false versions of events to police

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<v Speaker 2>and to friends and family, the coroner said. Following his

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<v Speaker 2>wife's death, mister Byrd received three hundred and ninety thousand

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<v Speaker 2>dollars in life insurance and death benefits. Initially, this didn't

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<v Speaker 2>spark suspicions by the original investigating police. The coroner that

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<v Speaker 2>handed down their findings last week was critical of the

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<v Speaker 2>initial police investigations. These are his words, but not his voice.

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<v Speaker 7>It was inadequate. Investigating police should not accept what they

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<v Speaker 7>are told or what appears from the scene to be

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<v Speaker 7>a death by hanging. Such a death should be treated

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<v Speaker 7>as suspicious death until investigations conclusively establish otherwise.

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<v Speaker 2>As you've listened to the last ten minutes of content,

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<v Speaker 2>you can appreciate the similarities with the Westbrook case. The

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<v Speaker 2>key difference here is that the matter was reopened by

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<v Speaker 2>the direction of the Chief Magistrate and a coronial inquest

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<v Speaker 2>was held. This was largely due to the persistent and

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<v Speaker 2>determination of the female detective. A full autopsy was done

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<v Speaker 2>by a highly experienced forensic pathologist in Hobart. Eden's was

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<v Speaker 2>done at Lonceston General Hospital by a pathologist. The autopsy

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<v Speaker 2>photos in Eden's case haven't been handed over to an

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<v Speaker 2>independent expert authorized by the Westbrooks, despite concerning evidence from

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<v Speaker 2>Eden's sister about the possibility of blunt for's trauma and

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<v Speaker 2>comments made by Kim, the delivery driver who first found Eden.

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<v Speaker 2>In the case of Helen's death, the forensic pathologist highlighted.

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<v Speaker 8>The difficulties in distinguishing are hanging by suicide, the possibility

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<v Speaker 8>of a lack of restraint or defensive type injuries in

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<v Speaker 8>the case of a suspected murder, and the possibility of

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<v Speaker 8>a murder being staged as a suicide by hanging.

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<v Speaker 2>From what we can see, it appears the pathologist undertaking

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<v Speaker 2>Eden's autopsy didn't consider alternative scenarios, but we have not

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<v Speaker 2>had the benefit of reading the autopsy report. The expert

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<v Speaker 2>engaged number half of the Westbrooks has but has been

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<v Speaker 2>stymied in finalizing the report due to the non provision

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<v Speaker 2>of the autopsy photos.

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<v Speaker 9>I have never faced this problem before, and I'm astounded

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<v Speaker 9>that it has occurred, and it beggars belief that it

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<v Speaker 9>has occurred, because I understand that the photographs are very

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<v Speaker 9>sensitive and can be very disconcerting and upsetting to people

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<v Speaker 9>who may view them either with or without permission, or

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<v Speaker 9>in other words, whether they should be viewing them or not.

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<v Speaker 9>But as far as I'm concerned as a consultant forensic

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<v Speaker 9>pathologist who've been retained in this case or any other case,

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<v Speaker 9>and it's the same for every case with the appropriate

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<v Speaker 9>training or even more training than the individual who they

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<v Speaker 9>have carried out the post mortem examination, then I fail

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<v Speaker 9>to understand the reasoning behind any refusal, and it's not

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<v Speaker 9>occurred in any request that I've made ever over my career.

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<v Speaker 9>And as I said, before they form part of the

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<v Speaker 9>post mortem examination. They're not just an addendum. They're there

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<v Speaker 9>as the autopsy record, as are the histology slides and

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<v Speaker 9>any other investigations such as toxicology, which are always made available. Now.

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<v Speaker 9>Each state differs in their requirements as to what hurdles

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<v Speaker 9>one has to jump in order to obtain materials, including photographs,

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<v Speaker 9>but it is always the current has the authority to

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<v Speaker 9>release or not release any particular item in relation to

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<v Speaker 9>the investigation of the death. But I've never not been

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<v Speaker 9>able to obtain the photographs, although sometimes it's been somewhat.

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<v Speaker 10>Difficult both of these. When I read the decision in

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<v Speaker 10>the Helen Bird case, both hanging cases involves a victim

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<v Speaker 10>with no real motive to commit suicide. Both victims had

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<v Speaker 10>a real love of their family.

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<v Speaker 11>I was relieved.

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<v Speaker 10>I was angry today.

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<v Speaker 11>I was believed because I think that if we had

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<v Speaker 11>walked away at times where we felt like it was

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<v Speaker 11>all too much, we would have missed this opportunity to

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<v Speaker 11>prove Eden did not take her own life, and that

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<v Speaker 11>in fact, people are using suicide as a weapon to

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<v Speaker 11>murder people made I.

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<v Speaker 10>Was extremely concerned. I was concerned for the fact that

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<v Speaker 10>it proves that an office can get things wrong, and

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<v Speaker 10>it saddens me that it takes so many years for

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<v Speaker 10>someone's troops to come out. We only got to the

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<v Speaker 10>Helen Bird outcome due to a diligent police officer who

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<v Speaker 10>on the side of the desk over years looked into

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<v Speaker 10>this as she found it unusual death with Alan's case,

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<v Speaker 10>and unfortunately, as you knowj we don't have anyone like

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<v Speaker 10>that on the team working in the Tasmanian Police Force

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<v Speaker 10>that's willing to put it on the side of the

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<v Speaker 10>desk and look into this deeper.

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<v Speaker 2>One of the things we're most interested in the case

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<v Speaker 2>of Helen Bird is the investigations that was done around

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<v Speaker 2>the rope. That rope was never tested for DNA. The

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<v Speaker 2>rope in Eden's death was also the same and it

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<v Speaker 2>offers a glimmer of hope for Jason and Amanda.

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<v Speaker 10>Look, it gives us leverage this outcome with the Helen

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<v Speaker 10>Bird case, Jay, without a doubt, we can use parallels

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<v Speaker 10>in that case to Eden's and come up with solid

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<v Speaker 10>I don't know what you'd call it, is a solid

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<v Speaker 10>evidence that this needs to be reinvestigated.

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<v Speaker 11>The police has said that, we said that the rope

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<v Speaker 11>came from our house, from our craypots. Okay, So if

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<v Speaker 11>that's the case, don't you think the police would have

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<v Speaker 11>come and checked our craypots or taken them away or

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<v Speaker 11>something like no one.

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<v Speaker 1>Asked us, But they didn't.

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<v Speaker 11>They didn't do anything like that because it was all

0:14:28.321 --> 0:14:30.401
<v Speaker 11>a crop of crap and they just made it up.

0:14:30.521 --> 0:14:32.881
<v Speaker 10>Because that's what's that's why a man's a get angry.

0:14:33.401 --> 0:14:34.961
<v Speaker 1>It looks like that's what.

0:14:35.281 --> 0:14:38.761
<v Speaker 10>The conclusion of Eden committing suicide because on the morning

0:14:39.161 --> 0:14:41.321
<v Speaker 10>when a man and I got there and they're saying,

0:14:41.361 --> 0:14:44.961
<v Speaker 10>Amanda said, oh, that's one of our craypot ropes. Amanda

0:14:45.601 --> 0:14:46.001
<v Speaker 10>does not.

0:14:46.121 --> 0:14:49.281
<v Speaker 1>I did not say that as the twisting of my word,

0:14:49.361 --> 0:14:51.841
<v Speaker 1>now them for saying that.

0:14:52.081 --> 0:14:55.481
<v Speaker 10>So if that's the reason that Eden's committed susie, because

0:14:55.521 --> 0:14:58.241
<v Speaker 10>she's taken a craypot rape from the Westbrook residence on

0:14:58.241 --> 0:15:00.721
<v Speaker 10>her way downtown and some five or six hours later

0:15:00.801 --> 0:15:04.961
<v Speaker 10>decided to hang herself, wouldn't you, as an investigative officer

0:15:05.201 --> 0:15:08.721
<v Speaker 10>go to the Westbrook home, sees the craypot that may

0:15:08.761 --> 0:15:10.161
<v Speaker 10>have had the rope removed, to see if it was

0:15:10.161 --> 0:15:12.961
<v Speaker 10>cut or untied. Just those forensics that you would expect

0:15:12.961 --> 0:15:16.361
<v Speaker 10>to be done at no stays, Jahre is at no stays.

0:15:16.361 --> 0:15:20.161
<v Speaker 10>Did we see any police officers or investigating officers at

0:15:20.161 --> 0:15:22.761
<v Speaker 10>our home asking about a rope that may have come

0:15:22.801 --> 0:15:25.401
<v Speaker 10>from our crapepot. And I'll tell you why that didn't happen,

0:15:25.401 --> 0:15:28.081
<v Speaker 10>because there was no crypts ropes taken from my home.

0:15:28.241 --> 0:15:31.041
<v Speaker 10>Eden did not leave this property with a rope. As

0:15:31.081 --> 0:15:33.321
<v Speaker 10>you know, we know the rape come from the wharf

0:15:33.401 --> 0:15:35.841
<v Speaker 10>across the road on a boat that we've given them

0:15:35.841 --> 0:15:39.481
<v Speaker 10>spacific name for. In the RT eyes we can see

0:15:39.481 --> 0:15:41.961
<v Speaker 10>there's been no investigations into the source of the rope.

0:15:42.761 --> 0:15:45.601
<v Speaker 2>On the weekend just passed. Jackie Lamby visited Jason and

0:15:45.641 --> 0:15:48.161
<v Speaker 2>Amanda as they shed in Saint Helen's.

0:15:48.481 --> 0:15:53.241
<v Speaker 1>Yeah, it's really really lovely.

0:15:54.801 --> 0:15:58.321
<v Speaker 10>Sod down to earth. It was like talking to my district,

0:15:58.321 --> 0:15:59.881
<v Speaker 10>you know what I mean. It was just so real,

0:16:00.441 --> 0:16:05.321
<v Speaker 10>real fair income Ausie mate. He told me about her

0:16:05.361 --> 0:16:07.561
<v Speaker 10>career and defense, which I believe is in the book.

0:16:07.601 --> 0:16:10.481
<v Speaker 10>I haven't read the book. Get Jackie sorry. And she

0:16:10.681 --> 0:16:16.321
<v Speaker 10>was just around, yeah, right into our garden and the.

0:16:16.281 --> 0:16:18.121
<v Speaker 1>Fees and our way of living.

0:16:18.241 --> 0:16:20.521
<v Speaker 10>And she spoke about her mother's love for fees and

0:16:20.841 --> 0:16:24.081
<v Speaker 10>gardening and one of the most fascinating she things found

0:16:24.161 --> 0:16:26.401
<v Speaker 10>she found on that property was we've got fully grown

0:16:26.401 --> 0:16:29.401
<v Speaker 10>macademia nut trees, which is something that you wouldn't expect

0:16:29.401 --> 0:16:31.561
<v Speaker 10>in Tasmania, and we're getting a hundred kilograms of nuts

0:16:31.601 --> 0:16:34.281
<v Speaker 10>a year and right now that's what's dropping. So we're

0:16:34.321 --> 0:16:38.881
<v Speaker 10>able to test some Queensland macadamia nuts growing in Tasmania. Jakes.

0:16:39.601 --> 0:16:42.281
<v Speaker 2>She also got the chance to join you down at

0:16:42.321 --> 0:16:43.481
<v Speaker 2>the memorial for Eden.

0:16:45.201 --> 0:16:50.241
<v Speaker 1>Yes, Jackie is really.

0:16:52.081 --> 0:16:52.361
<v Speaker 10>Again.

0:16:52.441 --> 0:16:54.801
<v Speaker 1>She took time out of her busy schedule to pursue

0:16:54.881 --> 0:17:00.081
<v Speaker 1>here on other other things, and yeah, she was moved

0:17:00.881 --> 0:17:04.081
<v Speaker 1>a little shocked at the situation where it is.

0:17:06.241 --> 0:17:08.481
<v Speaker 10>To hear it, it's different to see it.

0:17:08.600 --> 0:17:11.001
<v Speaker 9>Jay, When you're actually at the park, you feel it.

0:17:11.120 --> 0:17:14.160
<v Speaker 10>You feel where Eden died. You feel how close to

0:17:14.201 --> 0:17:18.761
<v Speaker 10>the road it was, how how close to the police station,

0:17:18.961 --> 0:17:22.200
<v Speaker 10>the council chambers, across the roads, the dwarf and people

0:17:22.241 --> 0:17:26.001
<v Speaker 10>don't when they when they hear the story, they have

0:17:26.120 --> 0:17:28.600
<v Speaker 10>their own visuals of it. And I've met a few

0:17:28.640 --> 0:17:30.801
<v Speaker 10>people that have listened to your podcasts that have come

0:17:30.840 --> 0:17:32.840
<v Speaker 10>to Saint Helens and they've hooked up with us and

0:17:33.201 --> 0:17:37.241
<v Speaker 10>they've all just been flown away with where Eden passed

0:17:37.241 --> 0:17:39.920
<v Speaker 10>and how close it is to the police station, the

0:17:40.001 --> 0:17:43.281
<v Speaker 10>council chambers and the wharf across the road obviously, and

0:17:43.561 --> 0:17:46.680
<v Speaker 10>is the main highway like the main street of Saint Helens.

0:17:47.080 --> 0:17:50.801
<v Speaker 11>And she was enthusiastic, and she has no intention of

0:17:51.001 --> 0:17:51.680
<v Speaker 11>backing down.

0:17:52.640 --> 0:17:54.400
<v Speaker 1>It's moving, it's nice.

0:17:54.600 --> 0:17:57.360
<v Speaker 10>I just found it truly humbling, mate, you know. And yeah,

0:17:57.561 --> 0:17:59.920
<v Speaker 10>she was when she wants to fight something, she's not

0:17:59.961 --> 0:18:03.080
<v Speaker 10>going to back down and she's on the fight. And yeah,

0:18:03.241 --> 0:18:05.561
<v Speaker 10>we're pretty happy with where Jackie is with it and

0:18:05.600 --> 0:18:08.521
<v Speaker 10>where she's going. And as you know, Jason's still got

0:18:08.561 --> 0:18:10.840
<v Speaker 10>a couple of hards the eyes out that we're waiting

0:18:10.840 --> 0:18:14.440
<v Speaker 10>for responses to and we've put in more letters to

0:18:14.481 --> 0:18:16.681
<v Speaker 10>the Commissioner of ASMA and Police.

0:18:17.120 --> 0:18:20.360
<v Speaker 2>Jason and Amanda have already put some of these questions

0:18:20.400 --> 0:18:23.880
<v Speaker 2>to the Attorney General Guy Barnatt. The Helen Bird case

0:18:24.321 --> 0:18:28.001
<v Speaker 2>shows how the system can sometimes get it terribly wrong

0:18:28.761 --> 0:18:32.321
<v Speaker 2>and the length of time it takes to rectify such mistakes.

0:18:33.120 --> 0:18:37.961
<v Speaker 2>Fourteen years of unnecessary trauma and heightening grieving for family

0:18:38.001 --> 0:18:41.400
<v Speaker 2>and friends in Helen Bird's case. On the eighteenth of

0:18:41.400 --> 0:18:45.161
<v Speaker 2>February twenty twenty five, it will be ten years since

0:18:45.321 --> 0:18:50.561
<v Speaker 2>Eden's death. Jason and Amanda Westbrook and their family deserve

0:18:50.640 --> 0:18:59.400
<v Speaker 2>answers