WEBVTT - The death investigator: Hugh Dillon Pt.1

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<v Speaker 1>The public has had a long held fascination with detectives.

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<v Speaker 1>Detective see aside of life the average person is never

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<v Speaker 1>exposed to. I spent thirty four years as a cop.

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<v Speaker 1>For twenty five of those years I was catching killers.

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<v Speaker 1>That's what I did for a living. I was a

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<v Speaker 1>homicide detective. I'm no longer just interviewing bad guys. Instead,

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<v Speaker 1>I'm taking the public into the world in which I operated.

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<v Speaker 1>The guests I talk to each week have amazing stories

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<v Speaker 1>from all sides of the law. The interviews are raw

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<v Speaker 1>and honest, just like the people I talk to. Some

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<v Speaker 1>of the content and language might be confronting. That's because

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<v Speaker 1>no one who comes into contact with crime is left unchanged.

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<v Speaker 1>Join me now as I take you into this world. Today,

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<v Speaker 1>I had the privilege of sitting down having a chat

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<v Speaker 1>with former New South Wales Deputy State Coroner Hugh Dylon.

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<v Speaker 1>I say privilege because Hugh shares a passion very much

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<v Speaker 1>aligned with what I considered the most important I had

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<v Speaker 1>as a homicide detective. That was looking after the families

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<v Speaker 1>of people who have died in the tragic, violent and

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<v Speaker 1>unusual circumstances, bringing whatever comfort possible to the deceased. Families

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<v Speaker 1>by providing answers as to what happened to their loved

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<v Speaker 1>ones and where possible prevent unnecessary deaths. Throughout his career,

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<v Speaker 1>Hugh presided over more than three hundred inquests, including the

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<v Speaker 1>horrific School of Happiness case where one man hunted police

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<v Speaker 1>with a crossbow in the middle of the night during

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<v Speaker 1>the Hippie festival. He also oversaw murders, suicides, and tragic

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<v Speaker 1>accidental deaths.

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<v Speaker 2>As you'll find.

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<v Speaker 1>Out in our discussion, the coroner's court is filled with sadness.

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<v Speaker 1>In the motion, Hugh takes us through the cases of

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<v Speaker 1>the oversaw, how the system can be improved, and the

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<v Speaker 1>personal impact of dealing with death on a daily basis.

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<v Speaker 1>Hugh Dylan, thanks for coming on I Catch Killers.

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<v Speaker 3>It's a great pleasure. Gren very nice to see you again.

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<v Speaker 1>Well, it is good to see you, and I always

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<v Speaker 1>I had a lot of respect for the role that

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<v Speaker 1>you did as a coroner, and you were the deputy

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<v Speaker 1>state coroner or is a coroner for nine years. Yes,

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<v Speaker 1>that's right, and in prepping for it, I believe that

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<v Speaker 1>you oversaw probably three hundred roughly three hundred question.

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<v Speaker 3>Yeah, it's a bit hard to work. It out exactly,

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<v Speaker 3>but a round about three hundred, I'd.

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<v Speaker 2>Say, yeah, it's a lot.

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<v Speaker 1>And I don't think people fully appreciate the impact that

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<v Speaker 1>the coroner's court has. I found it in all the

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<v Speaker 1>areas of policing I work. That's when I saw the

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<v Speaker 1>most emotion at coroner's courts, because you're talking about someone's died.

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<v Speaker 1>That's generally what the inquest is about. And you've got

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<v Speaker 1>the families and loved ones there holding on to hope

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<v Speaker 1>or trying to get answers.

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<v Speaker 2>Is that how you felt?

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<v Speaker 3>Yeah, Look, it's a surprising place. It's a surprising niche

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<v Speaker 3>in the legal system, and most people in the law,

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<v Speaker 3>most people in society have no idea. But I can

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<v Speaker 3>remember the first day I went to the coroner's court.

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<v Speaker 3>I was a new magistrate and I was really surprised

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<v Speaker 3>by it. Apart from anything else. The coroners were doing this,

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<v Speaker 3>this kind of work that no other lawyers in our

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<v Speaker 3>society do. And also they're working in teams and as

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<v Speaker 3>you say, their concern is or who has died, how

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<v Speaker 3>they've died, why they've died, but also what can we

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<v Speaker 3>say to the families and the families My father was

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<v Speaker 3>a coroner's case himself around about forty years ago, and

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<v Speaker 3>I remember, I remember very very well getting the news

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<v Speaker 3>that he died suddenly, and the shock and the confusion

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<v Speaker 3>that that throws you into. So to walk into this

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<v Speaker 3>place as a coroner, and to try and grapple with

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<v Speaker 3>that confusion, the bewilderment, and of course the sadness was

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<v Speaker 3>somewhat bewildering to me as well. But Garry I really

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<v Speaker 3>liked being a coroner, and some people would be astonished

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<v Speaker 3>to hear me say that, I guess, because of course

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<v Speaker 3>you're right. It is a very sad place in lots

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<v Speaker 3>of ways. Families are devastated, they're confused, one answers. Sometimes

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<v Speaker 3>they have interesting theories about how someone they love has died.

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<v Speaker 3>Some of those theories are right, but some of them

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<v Speaker 3>are wrong. And it's very difficult to walk people into

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<v Speaker 3>the evidence and through it and then bring them to

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<v Speaker 3>some sort of understanding, some sense of what happened. I

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<v Speaker 3>think some people might call this sense making, you know,

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<v Speaker 3>how do we make sense of these terrible events.

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<v Speaker 1>There's a lot of expectation when people get to the

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<v Speaker 1>coroner's court. I saw that over the years with families

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<v Speaker 1>and it's almost like, Okay, the answer is going to

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<v Speaker 1>be forthcoming when the matter gets to the coroner's court,

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<v Speaker 1>and I think meeting the family's expectation or that's a

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<v Speaker 1>difficult part too, because sometimes the facts don't present the

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<v Speaker 1>way the family expected it to, and quite often the

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<v Speaker 1>evidence that is given at a coronial inquest is quite

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<v Speaker 1>confronting to the families and loved ones of the deceased person.

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<v Speaker 3>Well, that's right, And although you're always very glad as

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<v Speaker 3>a coroner if you have found the answers, there are

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<v Speaker 3>lots of cases where you don't, and you, as a

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<v Speaker 3>homicide or an ex homicide detective, would be very familiar

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<v Speaker 3>with some of those cases. You know, there are unsolved

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<v Speaker 3>homicides as well as you know all the I want

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<v Speaker 3>to call them happy endings, but they're cases in which

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<v Speaker 3>there is an answer for people. And to leave people

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<v Speaker 3>without answers is it's not only very frustrating, but it's

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<v Speaker 3>also very sad because you can't help empathizing and feeling

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<v Speaker 3>for them but also with them. You know, if you

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<v Speaker 3>lose a daughter, you know, I'm thinking about my daughter

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<v Speaker 3>as I'm talking to you about you losing yours. What

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<v Speaker 3>a shattering and incomplete kind of sense of life you

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<v Speaker 3>might have. So, as I say, sometimes you can provide

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<v Speaker 3>answers and that can give people a sense of resolution.

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<v Speaker 3>I don't believe there's any such thing as closure. I

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<v Speaker 3>think that's a false hope.

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<v Speaker 1>I'm glad you say that, and that tells me you

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<v Speaker 1>understand the situation that families go through. And I got

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<v Speaker 1>clipped very early in my career when use the word

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<v Speaker 1>closure to a family and they pointed out very very

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<v Speaker 1>clear to me, it's not the closure. You never get

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<v Speaker 1>closure from that. And that's what happens when and it's

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<v Speaker 1>not always homicide. If someone's I would find that in

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<v Speaker 1>the courrner's court. Those tragic accidents are hard to deal

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<v Speaker 1>with too, because I look at homicide and often the

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<v Speaker 1>families can allocate blame to a particular person. Where there's

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<v Speaker 1>accidents where there's the fault, like there's built up anger

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<v Speaker 1>and sadness and that it's nowhere to channel it.

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<v Speaker 3>That's right, and I think the families of missing people

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<v Speaker 3>have a particularly onerous load to bear. I guess if

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<v Speaker 3>you can bury your your loved ones, you can have

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<v Speaker 3>a sense of not camp or anything like that. But

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<v Speaker 3>you can say goodbye, but all you have is your

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<v Speaker 3>last memories of them, and then they disappear off the

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<v Speaker 3>face of the earth. How do you deal with that?

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<v Speaker 3>I really don't know, and I never really learned how

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<v Speaker 3>to how to give people a sense of peace or

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<v Speaker 3>any sense of forward movement. I think the only thing

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<v Speaker 3>you can do for people where their loved ones disappear

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<v Speaker 3>is respect, recognition. You know, we will do our best

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<v Speaker 3>to find out what happened, but sometimes the answer is

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<v Speaker 3>beyond reach.

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<v Speaker 2>That's not there.

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<v Speaker 1>I saw with families on missing persons cases quite often

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<v Speaker 1>that I felt like it was a step that helped

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<v Speaker 1>them in processing what had happened when the coroner would

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<v Speaker 1>declare the person deceased. Because what I've seen with families

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<v Speaker 1>and friends of people who have just disappeared, they always

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<v Speaker 1>hang on to that smidge and of hope that the

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<v Speaker 1>person's going to walk through the door one day and

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<v Speaker 1>they're going to yell at the person, go what have

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<v Speaker 1>you done? And then they're going to give each other

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<v Speaker 1>a big cuddle and get on with their lives. So

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<v Speaker 1>I think sometimes they hold on to hope, and quite

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<v Speaker 1>often I've seen it in cranial inquest where the coroner's

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<v Speaker 1>declared the person deceased manner and cause might have known,

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<v Speaker 1>but believe that the person is deceased because of checks

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<v Speaker 1>that have been done, and I feel like it's a

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<v Speaker 1>step forward. But the coroner's court I always found the

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<v Speaker 1>expectations were high by the families. It was a lot

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<v Speaker 1>of it's built up like if the investigation into the

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<v Speaker 1>death of someone hasn't revealed the information or the person responsible.

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<v Speaker 1>Quite often the hope is, well, we'll get the answers

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<v Speaker 1>at the coroner's court. But that's not always the way,

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<v Speaker 1>and that must have carried hard on you being a coroner,

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<v Speaker 1>that the family is steering. But where else do we go?

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<v Speaker 1>And the sad part is sometimes there is nowhere else

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<v Speaker 1>to go after the coroner's court.

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<v Speaker 3>Yeah, and it's very frustrating. And from time to time

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<v Speaker 3>I think coroners I think they fail people by not

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<v Speaker 3>saying what they really think. Sometimes, I think, and I've

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<v Speaker 3>seen this happen, particularly within experienced coroners, they will simply

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<v Speaker 3>because they know how sad people are and how hard

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<v Speaker 3>it will hit them. If you say I think your

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<v Speaker 3>loved one is dead, they say, oh, well, you know

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<v Speaker 3>the evidence isn't quite sufficient, so maybe they're still soften that. Yeah,

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<v Speaker 3>And I to be honest, I think that does not

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<v Speaker 3>help people cope with what has actually happened. If someone

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<v Speaker 3>has disappeared and they've I mean very occasionally people do

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<v Speaker 3>turn up. I know, we all know that, but it

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<v Speaker 3>is so rare. It's just once in many, many blue moons.

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<v Speaker 3>And I think as a coroner you have a duty

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<v Speaker 3>of care both to the dead in respect to them,

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<v Speaker 3>but also to the families to be upfront with families

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<v Speaker 3>and say, the investigation has got this far, we don't

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<v Speaker 3>know precisely what happened, but your loved one more than

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<v Speaker 3>likely is dead. We can't prove it beyond a reasonable doubt,

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<v Speaker 3>aps but it's almost certain. So that's all we can do.

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<v Speaker 2>I think.

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<v Speaker 1>I think that's kind of false hope. Can be a

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<v Speaker 1>very cruel thing if false hope is offered out. So

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<v Speaker 1>I think roll of a coroner and that is quite

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<v Speaker 1>often the final step for families trying to find out

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<v Speaker 1>what's happened to their loved one, especially with people who disappeared.

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<v Speaker 1>Tell us what was your story into becoming a coroner?

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<v Speaker 2>Ah?

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<v Speaker 3>Well, I obviously did a law degree in Australia, coroners

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<v Speaker 3>are lawyers. In New South Bales, they're all magistrates. I

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<v Speaker 3>did some legal research, I worked for a judge, I

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<v Speaker 3>worked for the New South Bale's ombudsman, and then I

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<v Speaker 3>got a job as a Comwealth prosecutor. So I worked

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<v Speaker 3>for the Commonwealth DPP for a number of years. Then

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<v Speaker 3>I was appointed a magistrate. Did about twelve years as

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<v Speaker 3>a magistrate and I was on the point of leaving

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<v Speaker 3>the magistracy and my friend Mary Durham, who was the

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<v Speaker 3>new state coroner, heard that I was contemplating leaving and

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<v Speaker 3>she got in touch with me and asked me whether

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<v Speaker 3>i'd like to have a go as a coroner. And

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<v Speaker 3>to be honest, I thought, oh my god, this is

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<v Speaker 3>so depressing, this kind of work. But I really liked Mary,

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<v Speaker 3>and she said, well, she said a few flattering things

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<v Speaker 3>about me, so I found it out to say no

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<v Speaker 3>to her, to be me very forthros, very forthright. She

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<v Speaker 3>also is very persuasive, and I thought, okay, well, I've

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<v Speaker 3>put off going to the bar for six months, I'll

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<v Speaker 3>go and see what this is like. You know, all

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<v Speaker 3>experience is good experience, and I really when I got there,

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<v Speaker 3>I really liked the work, partly because I was working

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<v Speaker 3>with really good people like Mary. But one of the

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<v Speaker 3>things i'd really missed as a magistrate was working in

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<v Speaker 3>a team. And Gary, you know what it's like working

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<v Speaker 3>in teams most homicide cases.

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<v Speaker 2>You share the pressure, so the pressure.

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<v Speaker 3>But it's also sharing ideas and a community, a small community,

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<v Speaker 3>a team can generate more ideas than a bunch of

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<v Speaker 3>single individuals, definitely, and so strangely enough, although the work

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<v Speaker 3>could be very confronting and very sad and saddening, I

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<v Speaker 3>really enjoyed working with the team of people I was

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<v Speaker 3>working with. So instead of leaving after six months, I

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<v Speaker 3>stayed and I just stayed on until basically the chief

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<v Speaker 3>magistrate said, well, your time's up. You've had enough time

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<v Speaker 3>here and you're coming back to the local court. And

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<v Speaker 3>I thought, well, no, I'm not. I like being a coroner.

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<v Speaker 3>I don't want to be a magistrate anymore. So that's

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<v Speaker 3>when I.

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<v Speaker 2>Left, decide to leave.

0:14:39.640 --> 0:14:43.640
<v Speaker 1>It's funny that you get rotated, or a tap on

0:14:43.680 --> 0:14:45.440
<v Speaker 1>the shoulder that you've been there too long. I would

0:14:45.480 --> 0:14:50.200
<v Speaker 1>imagine something in the role of a pathway as a coroner,

0:14:50.560 --> 0:14:53.240
<v Speaker 1>you'd be learning all the time. Yeah, yeah, you'd be

0:14:53.320 --> 0:14:56.880
<v Speaker 1>learning how not just the processes in place, but how

0:14:56.920 --> 0:14:59.800
<v Speaker 1>to deal with families and all that. I could imagine

0:14:59.800 --> 0:15:00.840
<v Speaker 1>every day you went to work.

0:15:01.680 --> 0:15:06.560
<v Speaker 3>Look, I think that's absolutely right. And I remember saying too,

0:15:07.520 --> 0:15:10.840
<v Speaker 3>we had this rotation, three year rotation thing, and I

0:15:10.880 --> 0:15:14.720
<v Speaker 3>remember saying to the Chief Magistrate, I don't think I

0:15:14.800 --> 0:15:17.000
<v Speaker 3>was any good at this job until I've been in

0:15:17.040 --> 0:15:19.960
<v Speaker 3>it for two years, that makes sense. And then so

0:15:20.160 --> 0:15:24.520
<v Speaker 3>three years I'm just starting really to get good at it.

0:15:25.040 --> 0:15:29.040
<v Speaker 3>And I thought I wasn't an expert coroner until i'd

0:15:29.040 --> 0:15:33.440
<v Speaker 3>been doing it for five years. But look, after I left,

0:15:34.000 --> 0:15:36.720
<v Speaker 3>I've done further study. I've done a PhD, which is

0:15:36.720 --> 0:15:42.360
<v Speaker 3>a study of then you Saitho's coronial system, and I've

0:15:42.440 --> 0:15:46.440
<v Speaker 3>learned so much more. So I know that you're absolutely right.

0:15:47.240 --> 0:15:50.680
<v Speaker 3>Nine years I was learning all the time, and since

0:15:50.720 --> 0:15:53.160
<v Speaker 3>I left the Coroner's Court, I've been learning even more.

0:15:54.040 --> 0:15:56.600
<v Speaker 3>So you need to stay in these jobs to get

0:15:56.680 --> 0:15:57.360
<v Speaker 3>really good at that.

0:15:57.440 --> 0:16:00.080
<v Speaker 1>Well, it is a specialist field. I would imagine that

0:16:00.160 --> 0:16:02.840
<v Speaker 1>the role of a magistrate as compared to the role

0:16:02.880 --> 0:16:05.320
<v Speaker 1>of a current is vastly different.

0:16:05.280 --> 0:16:11.040
<v Speaker 3>Very very different. A magistrate's job is primarily running small

0:16:11.160 --> 0:16:15.880
<v Speaker 3>summary trials and sentencing. So some days you sit in

0:16:16.040 --> 0:16:19.800
<v Speaker 3>a court and sentence people who are pleading guilty to

0:16:20.200 --> 0:16:25.080
<v Speaker 3>various things. Other days you have hearings. You might do

0:16:25.200 --> 0:16:29.760
<v Speaker 3>bails and apprehended violence applications and that sort of stuff.

0:16:31.200 --> 0:16:34.560
<v Speaker 3>After a while, it becomes very repetitious. You'd become to

0:16:34.600 --> 0:16:38.200
<v Speaker 3>be perfectly honest, I think I was quite a good magistrate.

0:16:39.360 --> 0:16:42.560
<v Speaker 3>But practice makes perfect and you're doing a lot of practice.

0:16:43.360 --> 0:16:45.480
<v Speaker 3>So after a couple of years of that, I think

0:16:45.520 --> 0:16:49.480
<v Speaker 3>I was pretty pretty good at it. After five years

0:16:49.520 --> 0:16:52.640
<v Speaker 3>of it, I really needed a change, and so I

0:16:52.640 --> 0:16:57.560
<v Speaker 3>did civil civil cases mainly. And again, it took me

0:16:57.600 --> 0:17:00.720
<v Speaker 3>about five years before I thought I was experted that,

0:17:01.400 --> 0:17:03.600
<v Speaker 3>and then the coroner's job came on.

0:17:04.320 --> 0:17:07.800
<v Speaker 1>Okay, can you explain what the role of the coroner's

0:17:07.800 --> 0:17:11.040
<v Speaker 1>court is? So I obviously aware of it, but if

0:17:11.040 --> 0:17:13.320
<v Speaker 1>you could explain to the listeners, because I think there's

0:17:13.320 --> 0:17:16.280
<v Speaker 1>a misconception on some of the aspects of coroner's courts

0:17:16.560 --> 0:17:17.320
<v Speaker 1>what their role is.

0:17:17.320 --> 0:17:22.879
<v Speaker 3>If you could explain, it's death investigation, So if someone

0:17:23.040 --> 0:17:29.959
<v Speaker 3>dies suddenly or in an unexplained or difficult to understand way,

0:17:30.200 --> 0:17:37.920
<v Speaker 3>or due to an unnatural cause, accidents, suicide, homicides, these

0:17:37.960 --> 0:17:42.199
<v Speaker 3>sort of things in our society, and since the twelfth

0:17:42.240 --> 0:17:46.959
<v Speaker 3>century actually there have been coroners who investigated these sudden,

0:17:47.160 --> 0:17:52.159
<v Speaker 3>unexplained or unnatural deaths. The coroners are one of the

0:17:52.200 --> 0:17:59.040
<v Speaker 3>oldest legal institutions in the world and so Australia imported

0:17:59.160 --> 0:18:02.880
<v Speaker 3>coroners when first Fleet arrived. The first in quest in

0:18:03.040 --> 0:18:07.680
<v Speaker 3>Australia was in December seventeen eighty eight a convict diet

0:18:07.720 --> 0:18:11.600
<v Speaker 3>and a inquest was held. And so we've had this

0:18:12.200 --> 0:18:17.160
<v Speaker 3>two hundred and fifty odd years of people inquiring into

0:18:17.720 --> 0:18:21.879
<v Speaker 3>how a death came about. And it's a very different

0:18:21.920 --> 0:18:25.000
<v Speaker 3>process from a criminal trial, as you're well aware.

0:18:25.119 --> 0:18:27.639
<v Speaker 1>If you could break that down as well, because I

0:18:27.640 --> 0:18:30.399
<v Speaker 1>think people think sometimes it mata goes to the coroner

0:18:30.440 --> 0:18:32.639
<v Speaker 1>and the coroner could find this person guilty of in

0:18:32.680 --> 0:18:34.600
<v Speaker 1>the fence, but that's not the case at all, and

0:18:34.680 --> 0:18:36.720
<v Speaker 1>that's a whole different set of rules.

0:18:36.880 --> 0:18:39.800
<v Speaker 3>Well, even if you think a person is guilty of

0:18:39.880 --> 0:18:44.600
<v Speaker 3>criminal offense, you have no jurisdiction to decide that. That

0:18:44.680 --> 0:18:47.240
<v Speaker 3>has to be decided elsewhere by that first of all,

0:18:47.280 --> 0:18:51.040
<v Speaker 3>by the DPP and then by a criminal court. But

0:18:51.560 --> 0:18:55.080
<v Speaker 3>to go back, what's the process. Well, first of all,

0:18:55.400 --> 0:19:01.720
<v Speaker 3>I talked about teams. The coroner's seigners work in a system,

0:19:01.760 --> 0:19:06.040
<v Speaker 3>a coronial system, and it's a multidisciplinary system. You were

0:19:06.119 --> 0:19:09.040
<v Speaker 3>part of it. I was part of it. Forensic pathologists

0:19:09.040 --> 0:19:13.960
<v Speaker 3>are part of it. Family counselors, support people, administrators, etc.

0:19:14.920 --> 0:19:17.560
<v Speaker 3>Are part of it. But the first thing that happens,

0:19:17.680 --> 0:19:21.680
<v Speaker 3>of course, is that someone reports a death, and that's

0:19:21.800 --> 0:19:28.000
<v Speaker 3>usually done by police officers. So police might be called

0:19:28.000 --> 0:19:31.960
<v Speaker 3>to a hospital because someone's diet of injuries or something

0:19:32.040 --> 0:19:36.800
<v Speaker 3>like that. The doctors will report to the police, the

0:19:36.840 --> 0:19:39.320
<v Speaker 3>police will report to the coroner, and then there'll be

0:19:39.359 --> 0:19:44.919
<v Speaker 3>a medical examination. The coroners and the forensic pathologists will

0:19:45.200 --> 0:19:51.120
<v Speaker 3>decide how to examine the person's body for evidence of

0:19:51.520 --> 0:19:55.600
<v Speaker 3>the physiological or the medical cause of death. So that's

0:19:55.640 --> 0:20:01.440
<v Speaker 3>the first stage. Of course. Families are notified and there's

0:20:01.440 --> 0:20:06.480
<v Speaker 3>a whole process of informing them, which is a shattering event,

0:20:06.560 --> 0:20:10.280
<v Speaker 3>as I was talking about a little while ago, really

0:20:10.320 --> 0:20:16.880
<v Speaker 3>shattering event for people. So there's a process of talking

0:20:18.200 --> 0:20:23.840
<v Speaker 3>family members into this strange process. They may have heard

0:20:23.840 --> 0:20:27.199
<v Speaker 3>about or may not have heard about, but most of

0:20:27.240 --> 0:20:32.359
<v Speaker 3>them will never have experienced before. So how do you

0:20:32.560 --> 0:20:35.560
<v Speaker 3>bring people into that. That's part of it. So we

0:20:35.680 --> 0:20:37.960
<v Speaker 3>have a team. We had a team at the Corners

0:20:38.000 --> 0:20:44.120
<v Speaker 3>Court family Support team and the forensic pathologists also had

0:20:44.200 --> 0:20:48.879
<v Speaker 3>social workers who are dealing with families. Then we have

0:20:49.320 --> 0:20:53.879
<v Speaker 3>police involved. If the circumstances of a case look like

0:20:54.000 --> 0:20:58.199
<v Speaker 3>they're unnatural, if the cause of death is looks like

0:20:58.240 --> 0:21:02.000
<v Speaker 3>it's unnatural, then the police will do an investigation on

0:21:02.080 --> 0:21:06.240
<v Speaker 3>behalf of the coroners. Sometimes that will look like a

0:21:06.280 --> 0:21:10.280
<v Speaker 3>homicide investigation, and if it is a homicide, it'll be

0:21:10.320 --> 0:21:14.800
<v Speaker 3>a very very thorough investigation. If it's an accident, there

0:21:14.800 --> 0:21:17.840
<v Speaker 3>will also be a police investigation. There may be other

0:21:17.880 --> 0:21:21.680
<v Speaker 3>experts called in aviation experts or all sorts of people.

0:21:23.240 --> 0:21:27.679
<v Speaker 3>If someone takes their own life, there will also be

0:21:27.760 --> 0:21:32.720
<v Speaker 3>a police investigation, and that will be somewhat different from

0:21:32.760 --> 0:21:39.080
<v Speaker 3>a homicide investigation because clearly, not only has a person

0:21:39.119 --> 0:21:43.040
<v Speaker 3>whom other people love died taken their own life or

0:21:43.080 --> 0:21:50.320
<v Speaker 3>apparently so, the family will be so psychologically shaken by

0:21:50.359 --> 0:21:56.200
<v Speaker 3>this that they need real care. And that's difficult because

0:21:56.440 --> 0:22:00.280
<v Speaker 3>the first responders will usually be young. Police office is

0:22:00.320 --> 0:22:06.040
<v Speaker 3>followed by detectives. The detectives are usually much more experienced

0:22:06.040 --> 0:22:15.240
<v Speaker 3>and have seen terrible things usually, but there are lots

0:22:15.240 --> 0:22:20.800
<v Speaker 3>of things going on in those scenarios, the shattered love relatives,

0:22:21.080 --> 0:22:25.159
<v Speaker 3>but also what happens to the young police officers who

0:22:25.240 --> 0:22:29.440
<v Speaker 3>are possibly seeing these sort of scenarios for the first

0:22:29.480 --> 0:22:30.440
<v Speaker 3>time in their lives.

0:22:31.000 --> 0:22:33.480
<v Speaker 1>Yeah, you mentioned you mentioned the police and what we'll

0:22:33.520 --> 0:22:37.200
<v Speaker 1>talk further about that later on, but the impact of

0:22:37.320 --> 0:22:41.240
<v Speaker 1>police because we mentioned at the start the full range

0:22:41.240 --> 0:22:45.119
<v Speaker 1>of emotions and the heavy emotional toll inquest take. But

0:22:45.800 --> 0:22:47.720
<v Speaker 1>there's a lot of people that are affected by it.

0:22:48.280 --> 0:22:51.280
<v Speaker 1>On the issue of suicides too, they're difficult ones. And

0:22:51.560 --> 0:22:55.240
<v Speaker 1>I know from earlier because quite often the family don't

0:22:55.240 --> 0:22:58.240
<v Speaker 1>want to accept that someone's taken their own life, so

0:22:58.480 --> 0:22:59.480
<v Speaker 1>their minds.

0:22:59.160 --> 0:22:59.879
<v Speaker 2>Sticking over it.

0:23:00.080 --> 0:23:02.920
<v Speaker 1>You know, there must be something more to this, so

0:23:03.200 --> 0:23:05.359
<v Speaker 1>you're dealing with that aspect of it as well.

0:23:05.400 --> 0:23:07.600
<v Speaker 2>But yeah, it's.

0:23:07.200 --> 0:23:11.760
<v Speaker 1>Confronting the whole range of things. And then accidents. The

0:23:11.800 --> 0:23:16.119
<v Speaker 1>purpose of investigating an accident is to find out ways

0:23:16.160 --> 0:23:19.120
<v Speaker 1>of preventing that accident from occurring. Again, that's something that

0:23:19.200 --> 0:23:23.359
<v Speaker 1>the coronial process is involved in as well.

0:23:23.480 --> 0:23:27.160
<v Speaker 3>That's rightight, And although I think we do that quite

0:23:27.160 --> 0:23:31.120
<v Speaker 3>well in in a lot of cases we only hold

0:23:31.160 --> 0:23:34.200
<v Speaker 3>about it one hundred inquests a year in the South Bales,

0:23:34.760 --> 0:23:38.159
<v Speaker 3>but there are eight thousand or roughly eight thousand deaths

0:23:38.600 --> 0:23:43.880
<v Speaker 3>reported every year, so and around about forty percent of

0:23:43.920 --> 0:23:53.160
<v Speaker 3>the reported deaths to unnatural causes. So we don't really

0:23:53.520 --> 0:23:58.600
<v Speaker 3>investigate enough enough accidents, I think to learn all the

0:23:58.680 --> 0:24:02.679
<v Speaker 3>lessons that could be learned. Ideally, a cronial system should

0:24:03.359 --> 0:24:09.320
<v Speaker 3>really thoroughly investigate all the accidents that occurred, that fatalities

0:24:10.000 --> 0:24:13.840
<v Speaker 3>and try and put them into patterns or identify trends

0:24:14.280 --> 0:24:18.360
<v Speaker 3>so that we can we can pull out life saving lessons.

0:24:19.240 --> 0:24:24.080
<v Speaker 3>One thing that people don't often think about, and frankly

0:24:24.119 --> 0:24:26.280
<v Speaker 3>I didn't think about when I was a coroner, but

0:24:26.320 --> 0:24:30.359
<v Speaker 3>I have thought about since is the economic value of

0:24:30.359 --> 0:24:37.760
<v Speaker 3>a human life. The Australian government puts an economic value

0:24:38.160 --> 0:24:41.280
<v Speaker 3>on an Australian life. It's called the value of a

0:24:41.400 --> 0:24:45.359
<v Speaker 3>statistical life, and that in twenty twenty four it was

0:24:45.760 --> 0:24:50.359
<v Speaker 3>estimated to be five point seven million dollars and a

0:24:50.440 --> 0:24:55.520
<v Speaker 3>life year is valued by actuaries at around about two

0:24:55.560 --> 0:24:58.400
<v Speaker 3>hundred and forty or two hundred and fifty thousand dollars.

0:25:00.000 --> 0:25:07.240
<v Speaker 3>So investigating thoroughly the causes of accidents should be regarded

0:25:07.280 --> 0:25:12.000
<v Speaker 3>as an investment in life saving because if we could

0:25:12.040 --> 0:25:16.320
<v Speaker 3>save more lives, if we could prevent more accidents, then

0:25:16.720 --> 0:25:21.639
<v Speaker 3>it would be obviously good for the families and the

0:25:21.680 --> 0:25:27.760
<v Speaker 3>community in general if this human cost wasn't spent or incurred.

0:25:27.960 --> 0:25:33.080
<v Speaker 3>But there's also a value to the economy. So if

0:25:33.119 --> 0:25:36.240
<v Speaker 3>you think about it, three thousand unnatural deaths a year,

0:25:37.760 --> 0:25:43.720
<v Speaker 3>that's possibly fifteen billion dollars just putting it in dollar terms,

0:25:43.760 --> 0:25:48.040
<v Speaker 3>which is a very crude an unsatisfactory way to put it,

0:25:48.119 --> 0:25:53.199
<v Speaker 3>but it's really worth looking at. This is not just

0:25:54.240 --> 0:25:57.920
<v Speaker 3>a lot of grief and a lot of sadness. It's

0:25:57.960 --> 0:26:01.720
<v Speaker 3>an enormous cost to the society that we live.

0:26:01.600 --> 0:26:05.880
<v Speaker 1>In that we've lost the life these things like I'll

0:26:05.880 --> 0:26:10.399
<v Speaker 1>pluck this as an example because it's fairly topical at

0:26:10.440 --> 0:26:13.720
<v Speaker 1>the moment or current, like eese scooters, when there's a

0:26:13.760 --> 0:26:15.920
<v Speaker 1>death on an new scooter, we see that these scooters

0:26:15.920 --> 0:26:19.280
<v Speaker 1>on long foot paths, or the role of a coronario

0:26:19.280 --> 0:26:22.960
<v Speaker 1>would imagine I'm talking hypothetically here, is if there's a

0:26:23.040 --> 0:26:26.760
<v Speaker 1>series of accidents in quests, Okay, well how did this accident?

0:26:26.800 --> 0:26:30.119
<v Speaker 1>There might be recommendations like the helmet recommendation there is

0:26:30.119 --> 0:26:33.119
<v Speaker 1>an obvious one or not the right on footpaths or

0:26:33.160 --> 0:26:35.800
<v Speaker 1>certain things that might prevent deaths as well.

0:26:35.840 --> 0:26:37.840
<v Speaker 2>That's the role of a corona.

0:26:38.200 --> 0:26:43.600
<v Speaker 3>Yeah, and ideally most in quests would result in recommendations

0:26:43.640 --> 0:26:48.960
<v Speaker 3>to public health and safety officials who would then work

0:26:49.119 --> 0:26:53.720
<v Speaker 3>through the practicalities of their I mean coroners are not

0:26:53.840 --> 0:26:57.439
<v Speaker 3>engineers or those sort of things. But a good in

0:26:57.560 --> 0:27:03.720
<v Speaker 3>quest should bring in experts, experts, that's right. And then

0:27:04.480 --> 0:27:08.320
<v Speaker 3>and very often families also have good ideas about how

0:27:08.359 --> 0:27:11.440
<v Speaker 3>to because they've given a lot of thought to how

0:27:11.480 --> 0:27:14.560
<v Speaker 3>their loved ones have died. They often have good ideas.

0:27:15.240 --> 0:27:19.240
<v Speaker 3>So in New South Wales, if we could increase the

0:27:19.359 --> 0:27:24.760
<v Speaker 3>number of cases in which recommendations were produced, or if

0:27:24.800 --> 0:27:28.560
<v Speaker 3>we could identify more patterns and trends of fatalities and

0:27:28.960 --> 0:27:33.879
<v Speaker 3>serious injury, then we would have a more effective and

0:27:33.920 --> 0:27:37.480
<v Speaker 3>more productive coronial system than we have at the moment.

0:27:38.600 --> 0:27:41.920
<v Speaker 1>Is there any accident you've seen that's really stuck in

0:27:42.000 --> 0:27:42.720
<v Speaker 1>your mind?

0:27:43.200 --> 0:27:47.800
<v Speaker 3>Well, one of them is a terrible collision on Sydney

0:27:47.800 --> 0:27:54.320
<v Speaker 3>Harbor which I spent some weeks inquiring into. Yeah, that

0:27:54.520 --> 0:27:56.720
<v Speaker 3>was very very interesting.

0:27:58.800 --> 0:28:01.960
<v Speaker 1>Is that the one where for people were killed.

0:28:02.000 --> 0:28:06.639
<v Speaker 3>Four people were killed. There were passengers on board a

0:28:06.680 --> 0:28:14.000
<v Speaker 3>pleasure cruiser which was proceeding from west towards towards Circular Key,

0:28:14.880 --> 0:28:19.520
<v Speaker 3>and a river cat ferry came out of Circular Key.

0:28:19.520 --> 0:28:23.480
<v Speaker 3>It was on its way back to the Balmain dockyard.

0:28:24.080 --> 0:28:28.680
<v Speaker 3>Were at Birthed Yep and right under the harbor bridge

0:28:29.240 --> 0:28:33.400
<v Speaker 3>on the on the southern side. The boat was run

0:28:33.440 --> 0:28:36.080
<v Speaker 3>over by the by the ferry.

0:28:36.119 --> 0:28:38.920
<v Speaker 1>How many people were on the boat, I can't quite remember.

0:28:39.200 --> 0:28:41.200
<v Speaker 3>I think it was around about nine people.

0:28:41.080 --> 0:28:43.840
<v Speaker 2>Right, and four.

0:28:42.920 --> 0:28:43.760
<v Speaker 3>People were killed.

0:28:43.840 --> 0:28:47.280
<v Speaker 1>Yeah, what was it about that stuck in your mind,

0:28:47.320 --> 0:28:50.120
<v Speaker 1>that that particular matter.

0:28:50.440 --> 0:28:55.000
<v Speaker 3>Well, there were a number of things. Really. My council

0:28:55.040 --> 0:28:58.440
<v Speaker 3>assistant and I and my team went out on Sydney

0:28:58.440 --> 0:29:02.000
<v Speaker 3>Harbor and you know, it took a view as it were,

0:29:02.080 --> 0:29:04.680
<v Speaker 3>and we went up that the river with you know,

0:29:04.880 --> 0:29:09.240
<v Speaker 3>in a ferry in a river cat. The father of

0:29:09.760 --> 0:29:15.280
<v Speaker 3>a young dancer who was killed was representing his family.

0:29:15.320 --> 0:29:19.440
<v Speaker 3>He didn't have a lawyer and he was on the

0:29:19.640 --> 0:29:22.240
<v Speaker 3>he was on the ferry trying to talk to me.

0:29:22.400 --> 0:29:25.360
<v Speaker 3>And one of the one of the difficulties you have

0:29:26.160 --> 0:29:29.160
<v Speaker 3>if you're a coroner, as you you can't really talk

0:29:29.240 --> 0:29:32.080
<v Speaker 3>to the lawyers and the families in the course of

0:29:33.000 --> 0:29:35.520
<v Speaker 3>either taking a view or taking evidence of that sort

0:29:35.560 --> 0:29:39.960
<v Speaker 3>of thing. And I could see this poor man really

0:29:40.040 --> 0:29:43.400
<v Speaker 3>trying to understand what the hell are these lawyers up to?

0:29:43.600 --> 0:29:45.680
<v Speaker 3>You know, why can't I talk to the coroner? And

0:29:46.320 --> 0:29:50.480
<v Speaker 3>my council assistant was trying to say, look, the coroner

0:29:50.520 --> 0:29:53.760
<v Speaker 3>is very, very interested in what you've got to say,

0:29:53.880 --> 0:29:57.480
<v Speaker 3>but we've got certain rules about all of this sort

0:29:57.520 --> 0:29:58.000
<v Speaker 3>of stuff.

0:29:58.440 --> 0:30:01.360
<v Speaker 2>So that was one thing just on that.

0:30:02.080 --> 0:30:04.760
<v Speaker 1>It's difficult, isn't it, Because I know I've seen at

0:30:05.160 --> 0:30:09.040
<v Speaker 1>scenes and locations circumstances like that, and the coroner's there

0:30:09.120 --> 0:30:12.120
<v Speaker 1>and you've got the families there or the people that

0:30:12.200 --> 0:30:16.200
<v Speaker 1>have a vested interest in the situation. Obviously they want

0:30:16.240 --> 0:30:18.560
<v Speaker 1>to speak to speak to the coroner, but you can't.

0:30:18.840 --> 0:30:22.200
<v Speaker 1>You've got to have that independence that you're not speaking

0:30:22.240 --> 0:30:24.560
<v Speaker 1>to them directly or on specifics of the evidence.

0:30:24.680 --> 0:30:24.880
<v Speaker 2>Yeah.

0:30:25.720 --> 0:30:29.600
<v Speaker 3>Actually, since I've finished as a coroner, I've given more

0:30:29.720 --> 0:30:34.640
<v Speaker 3>thought to this, and I wonder whether sometimes coroners might

0:30:35.040 --> 0:30:38.120
<v Speaker 3>not be better off at least having a meeting with

0:30:38.240 --> 0:30:44.000
<v Speaker 3>the family with representatives or you know, someone to ensure

0:30:44.040 --> 0:30:49.400
<v Speaker 3>that you don't make any false promises or cuddle up

0:30:49.440 --> 0:30:54.760
<v Speaker 3>if you like, become biased towards families. But I wonder

0:30:55.080 --> 0:31:00.000
<v Speaker 3>sometimes whether we could do more to show the family

0:31:00.160 --> 0:31:03.560
<v Speaker 3>is that we actually care about them as well as

0:31:03.640 --> 0:31:07.320
<v Speaker 3>care about finding out what the answer to the question

0:31:07.560 --> 0:31:09.360
<v Speaker 3>about how their loved ones died.

0:31:10.320 --> 0:31:11.960
<v Speaker 2>It carries a lot, doesn't it.

0:31:12.000 --> 0:31:14.920
<v Speaker 1>If the families know that you care, whether that's a

0:31:14.920 --> 0:31:17.720
<v Speaker 1>police officer or a coroner, a legal person or anyone

0:31:17.760 --> 0:31:21.360
<v Speaker 1>that gets caught up in these situations. If there's you're

0:31:21.360 --> 0:31:25.160
<v Speaker 1>showing that you care, that can help the family so much.

0:31:25.200 --> 0:31:29.120
<v Speaker 3>Well, I think so, And sometimes not always, but sometimes

0:31:29.560 --> 0:31:33.120
<v Speaker 3>after an inquest I would step down from the bench

0:31:33.160 --> 0:31:36.520
<v Speaker 3>and I talk to the family. That's after I've given

0:31:36.600 --> 0:31:42.040
<v Speaker 3>the decision. And I remember a particular case, I was

0:31:42.960 --> 0:31:48.360
<v Speaker 3>doing an inquiry into an inquest into a murder suicide case.

0:31:48.760 --> 0:31:54.560
<v Speaker 3>A father who had separated from his wife had taken

0:31:55.160 --> 0:31:59.960
<v Speaker 3>his three children off in a car and put a

0:32:00.080 --> 0:32:04.360
<v Speaker 3>I won't describe what happened, but anyway, he killed himself

0:32:04.440 --> 0:32:07.760
<v Speaker 3>and the three kids. The mother came to the court

0:32:08.480 --> 0:32:14.760
<v Speaker 3>and this was I think three years after the murder suicide,

0:32:15.080 --> 0:32:20.080
<v Speaker 3>and she was pregnant. She had repartnered since and after that,

0:32:20.160 --> 0:32:23.680
<v Speaker 3>and she spoke about how much she missed her children,

0:32:24.240 --> 0:32:27.200
<v Speaker 3>and so on and so forth, and I just admired

0:32:27.240 --> 0:32:32.360
<v Speaker 3>this woman so much, her courage in not only putting

0:32:32.440 --> 0:32:35.520
<v Speaker 3>up with what had happened. And as I said, I

0:32:35.560 --> 0:32:39.040
<v Speaker 3>don't think there's any such scene as closure. That she'd

0:32:39.520 --> 0:32:43.760
<v Speaker 3>managed somehow to face the world and go forward, and

0:32:43.800 --> 0:32:46.840
<v Speaker 3>now she'd repartnered, and now she was bringing new life

0:32:46.880 --> 0:32:53.280
<v Speaker 3>into the world. And I just thought, respect, and I

0:32:53.360 --> 0:32:57.440
<v Speaker 3>spoke to her and I said, how do you do this?

0:32:58.440 --> 0:33:01.440
<v Speaker 3>And she said, look, I'm not going to let this

0:33:01.520 --> 0:33:05.600
<v Speaker 3>guy get away with killing my kids. I'm not going

0:33:05.640 --> 0:33:10.240
<v Speaker 3>to be crushed by it. I'm not going to allow

0:33:10.400 --> 0:33:15.040
<v Speaker 3>him to destroy the life that I had. I'm going

0:33:15.080 --> 0:33:20.560
<v Speaker 3>to give new life. And I just thought, Wow, she's amazing.

0:33:21.040 --> 0:33:25.520
<v Speaker 3>And very often I saw things like that happen in court.

0:33:26.200 --> 0:33:29.480
<v Speaker 1>I'm sure you took strength and the inspiration from the

0:33:29.520 --> 0:33:32.360
<v Speaker 1>way some of the families conduct themselves. So that's what

0:33:32.440 --> 0:33:35.600
<v Speaker 1>I saw, and I thought where I would often think,

0:33:35.640 --> 0:33:38.080
<v Speaker 1>where do you get that strength, whether you get that

0:33:38.120 --> 0:33:42.520
<v Speaker 1>strength to carry on? And also they can even see

0:33:42.600 --> 0:33:45.480
<v Speaker 1>joy in life, like the ability to get through as

0:33:45.520 --> 0:33:49.040
<v Speaker 1>you just described with the mother there, that she's going

0:33:49.080 --> 0:33:51.120
<v Speaker 1>to live a life despite what's happened.

0:33:51.200 --> 0:33:51.640
<v Speaker 2>That's right.

0:33:51.720 --> 0:33:55.280
<v Speaker 3>And some people are obviously very angry and they never

0:33:56.000 --> 0:34:00.480
<v Speaker 3>really get over their anger. But some people can be

0:34:00.640 --> 0:34:08.040
<v Speaker 3>remarkably forgiving. People can make mistakes, and sometimes those mistakes

0:34:08.160 --> 0:34:13.759
<v Speaker 3>cause deaths by a mission or commission. So sometimes you know,

0:34:13.800 --> 0:34:19.960
<v Speaker 3>for example, nurses or doctors miss clues. Let's suggest a

0:34:20.080 --> 0:34:23.520
<v Speaker 3>child is very, very sick and needs some sort of

0:34:23.600 --> 0:34:27.440
<v Speaker 3>virgent intervention, and by the time there is an intervention,

0:34:27.560 --> 0:34:32.760
<v Speaker 3>it's too late. I remember a case involving a little

0:34:32.760 --> 0:34:37.920
<v Speaker 3>boy who died and he'd been seen by well by

0:34:37.960 --> 0:34:40.400
<v Speaker 3>the time he died, he had been seen by six doctors.

0:34:41.320 --> 0:34:45.400
<v Speaker 3>The last two doctors realized what was happening and tried

0:34:45.400 --> 0:34:51.000
<v Speaker 3>to give emergent care, but the four previous doctors thought

0:34:51.040 --> 0:34:54.359
<v Speaker 3>he was sick but had a flu or some sort

0:34:54.400 --> 0:34:58.640
<v Speaker 3>of viral thing, but he'd get over it anyway. In

0:34:58.719 --> 0:35:04.239
<v Speaker 3>the inquest, some of the medical and health practitioners, once

0:35:04.280 --> 0:35:07.360
<v Speaker 3>they had finished their evidence, turned and faced the family

0:35:07.880 --> 0:35:11.920
<v Speaker 3>and said how sorry they were. But there was one doctor,

0:35:12.360 --> 0:35:15.879
<v Speaker 3>young doctor, and I still feel quite sorry for her,

0:35:16.480 --> 0:35:20.320
<v Speaker 3>but she couldn't bring herself to apologize. And I don't

0:35:20.360 --> 0:35:25.080
<v Speaker 3>know why not, but I really feel that she lost

0:35:25.120 --> 0:35:32.000
<v Speaker 3>an opportunity because the family were very willing to forgive

0:35:32.480 --> 0:35:38.200
<v Speaker 3>all these other people who did apologize, and I just thought, gosh,

0:35:38.640 --> 0:35:41.799
<v Speaker 3>if you turned and said you were sorry, that this

0:35:41.880 --> 0:35:45.480
<v Speaker 3>had really affected you as well. And I'm sure she

0:35:45.640 --> 0:35:49.600
<v Speaker 3>was affected, but maybe she got legal advised. You know,

0:35:49.640 --> 0:35:52.759
<v Speaker 3>I don't speak. Who knows. Maybe she just couldn't bring

0:35:52.800 --> 0:35:58.120
<v Speaker 3>herself to say anything. But I just thought, if you

0:35:58.160 --> 0:36:01.040
<v Speaker 3>could turn around and talk to them, I think it

0:36:01.080 --> 0:36:05.440
<v Speaker 3>would make both of you, the family and this doctor

0:36:05.680 --> 0:36:07.879
<v Speaker 3>so much happier than they were.

0:36:09.080 --> 0:36:11.759
<v Speaker 1>I think you've just encapsulated when they talk about the

0:36:11.760 --> 0:36:13.960
<v Speaker 1>emotion that comes in the corner's court, just with that

0:36:15.200 --> 0:36:19.080
<v Speaker 1>one story that's on the thing that lives are shattered,

0:36:19.239 --> 0:36:22.799
<v Speaker 1>and it's about how people move forward. But I think

0:36:22.840 --> 0:36:26.360
<v Speaker 1>you might be right, And yeah, saying sorry can often

0:36:26.400 --> 0:36:29.000
<v Speaker 1>be the thing that helps people move forward.

0:36:29.280 --> 0:36:30.640
<v Speaker 3>Can I tell you another story ago?

0:36:30.800 --> 0:36:30.960
<v Speaker 2>Yeah?

0:36:31.040 --> 0:36:35.120
<v Speaker 3>Yeah, this one had a happier ending. Really a young woman,

0:36:36.239 --> 0:36:39.160
<v Speaker 3>she was nineteen years old. She got very sick. She

0:36:40.000 --> 0:36:43.920
<v Speaker 3>was working on a sharing team somewhere in the southwest

0:36:43.960 --> 0:36:48.200
<v Speaker 3>of New South Wales and it looked like she had

0:36:48.239 --> 0:36:51.240
<v Speaker 3>a flu. So her boyfriend, who was on the team said,

0:36:51.520 --> 0:36:55.879
<v Speaker 3>go to bed. The sharing team boss was this marry guy.

0:36:56.120 --> 0:37:02.319
<v Speaker 3>Little murry guy said, going like and she just got

0:37:02.320 --> 0:37:06.200
<v Speaker 3>sicker and sicker though, and at some point in one

0:37:06.239 --> 0:37:09.520
<v Speaker 3>of the breaks, her boyfriend went in and saw him

0:37:09.480 --> 0:37:12.200
<v Speaker 3>and thought, oh my god, she's really sick. So they

0:37:12.239 --> 0:37:15.000
<v Speaker 3>called an ambulance, but it took nearly an hour for

0:37:15.040 --> 0:37:18.840
<v Speaker 3>the ambulance to get there. It was way out somewhere.

0:37:19.560 --> 0:37:21.880
<v Speaker 3>They got it to the hospital, but she was very,

0:37:22.040 --> 0:37:28.920
<v Speaker 3>very sick, and despite getting urgent attention, she died. We

0:37:29.000 --> 0:37:32.640
<v Speaker 3>held an inquest because one of the difficulties was there

0:37:32.719 --> 0:37:37.799
<v Speaker 3>wasn't a clear diagnosis of what was killing her, and

0:37:37.840 --> 0:37:41.719
<v Speaker 3>we still don't really have an absolute diagnosis actually, but

0:37:41.760 --> 0:37:46.160
<v Speaker 3>in any event, we held the inquest and her father,

0:37:46.400 --> 0:37:51.719
<v Speaker 3>who was a Victorian farmer, very big man, six foot

0:37:51.760 --> 0:37:56.000
<v Speaker 3>four or something, came in and we went through the evidence.

0:37:57.040 --> 0:38:01.840
<v Speaker 3>The family was represented by a very good arrister from Victoria,

0:38:02.160 --> 0:38:05.200
<v Speaker 3>and I had a very good counsel assistant. You may

0:38:05.280 --> 0:38:11.799
<v Speaker 3>know her, Peggy dwy a Silk or so. It's the Victorian.

0:38:12.480 --> 0:38:15.640
<v Speaker 3>And one of the great things about this inquest I

0:38:15.680 --> 0:38:21.880
<v Speaker 3>thought was that there was no bitterness, and at the

0:38:22.000 --> 0:38:26.920
<v Speaker 3>end of the case, I gave my decision and my reasons,

0:38:26.920 --> 0:38:29.120
<v Speaker 3>and I explained how you know, what had happened, and

0:38:29.680 --> 0:38:34.000
<v Speaker 3>as best we could what the diagnosis we thought was

0:38:34.320 --> 0:38:37.919
<v Speaker 3>most likely to be. Give my decision. I walk off

0:38:38.160 --> 0:38:41.960
<v Speaker 3>the bench. I'm sitting in my chambers, and Peggy comes

0:38:41.960 --> 0:38:45.239
<v Speaker 3>out and says, Hugh, he come to the come to

0:38:45.280 --> 0:38:47.560
<v Speaker 3>the door of the court. So I got up and

0:38:47.560 --> 0:38:49.080
<v Speaker 3>I went to the door of the court and we

0:38:49.080 --> 0:38:51.319
<v Speaker 3>pulled it out in a little bit and there was

0:38:51.360 --> 0:38:57.000
<v Speaker 3>this enormous Victorian farmer with his arms around the little

0:38:57.120 --> 0:39:04.160
<v Speaker 3>Marory shearing boss, both in tears, both embracing, and both

0:39:05.160 --> 0:39:10.799
<v Speaker 3>so sad, but so happy to have this moment with

0:39:10.920 --> 0:39:15.920
<v Speaker 3>one another. They were both they both loved this girl, the.

0:39:17.760 --> 0:39:18.080
<v Speaker 2>Mary.

0:39:18.120 --> 0:39:22.399
<v Speaker 3>Boss was so devastated by her death. I mean when

0:39:22.400 --> 0:39:26.960
<v Speaker 3>he gave evidence, he was just weeping, pouring tears pouring

0:39:26.960 --> 0:39:31.400
<v Speaker 3>out of him, very very emotional, as was her dad.

0:39:32.560 --> 0:39:36.440
<v Speaker 3>And so there was this moment of cathasis. It doesn't

0:39:36.440 --> 0:39:40.360
<v Speaker 3>always happened some you know, some people walk away still

0:39:40.400 --> 0:39:43.000
<v Speaker 3>feeling angry or whatever. But this was one of those

0:39:43.040 --> 0:39:48.239
<v Speaker 3>moments where thought, today we did something good. And having

0:39:48.280 --> 0:39:51.600
<v Speaker 3>spent a lot of time in criminal courts, I can say,

0:39:51.840 --> 0:39:54.719
<v Speaker 3>I don't think on a lot of days I ever

0:39:54.760 --> 0:39:57.520
<v Speaker 3>walked out of a criminal court thinking today we did

0:39:57.560 --> 0:39:58.200
<v Speaker 3>something good.

0:39:58.760 --> 0:40:02.760
<v Speaker 1>Well, yeah, there's not not many people walk out happy

0:40:02.800 --> 0:40:06.400
<v Speaker 1>out of the criminal court. That if the person's convicted,

0:40:06.680 --> 0:40:08.839
<v Speaker 1>he or she's angry. If the person gets off, that's

0:40:08.880 --> 0:40:11.000
<v Speaker 1>the police or the prosecution angry.

0:40:11.040 --> 0:40:12.240
<v Speaker 2>But the way you've.

0:40:12.080 --> 0:40:14.959
<v Speaker 1>Described that, I can picture it, and that is doing

0:40:15.000 --> 0:40:15.879
<v Speaker 1>something good, like.

0:40:17.320 --> 0:40:17.760
<v Speaker 2>True.

0:40:17.960 --> 0:40:22.239
<v Speaker 3>And it was a moment of grace really, you know,

0:40:22.560 --> 0:40:29.120
<v Speaker 3>there's there's very generous hearted men were embracing each other

0:40:29.680 --> 0:40:33.320
<v Speaker 3>and owning the loss that they both felt.

0:40:33.800 --> 0:40:37.280
<v Speaker 1>Yeah, and you could imagine the types that you're describing,

0:40:37.320 --> 0:40:38.920
<v Speaker 1>they could bottle it up. But the fact that they

0:40:39.000 --> 0:40:41.840
<v Speaker 1>let the emotion go, and you see that quite often

0:40:41.880 --> 0:40:45.760
<v Speaker 1>in the coroner's court. It is it is that emotional place.

0:40:46.120 --> 0:40:50.120
<v Speaker 1>The breakdown of the adversarial system for the criminal courts

0:40:50.160 --> 0:40:54.799
<v Speaker 1>and inquisitorial for the inquest. What's the difference in the

0:40:54.840 --> 0:40:57.120
<v Speaker 1>way that evidence is allowed into those courts.

0:40:57.880 --> 0:41:02.760
<v Speaker 3>Well, the two things rely on different ways of thinking.

0:41:03.560 --> 0:41:10.680
<v Speaker 3>So in a criminal trial, one party the prosecutions as

0:41:10.719 --> 0:41:17.279
<v Speaker 3>a theory a hypothesis. The hypothesis is you Gary have

0:41:17.680 --> 0:41:25.200
<v Speaker 3>murdered me Hugh, you deny that allegation, and either prosecutor

0:41:25.920 --> 0:41:29.839
<v Speaker 3>have to try to prove my hypothesis. And I do

0:41:29.920 --> 0:41:35.320
<v Speaker 3>that by producing proof which I hope will satisfy people

0:41:35.360 --> 0:41:38.080
<v Speaker 3>in the jury beyond a resumal doubt that this is

0:41:38.160 --> 0:41:42.760
<v Speaker 3>the only reasonable answer you could come up with. That's

0:41:42.920 --> 0:41:47.240
<v Speaker 3>deductive thinking. The other way of thinking is inductive thinking,

0:41:47.280 --> 0:41:50.320
<v Speaker 3>which is to say, we look at all this evidence,

0:41:50.760 --> 0:41:55.160
<v Speaker 3>which may be scattered and fragmented in different ways, and

0:41:55.200 --> 0:41:58.640
<v Speaker 3>we try and come up with a theory. What theory

0:41:59.800 --> 0:42:05.000
<v Speaker 3>may sense of all this stuff that we have collected.

0:42:06.080 --> 0:42:12.160
<v Speaker 3>So that's theory building or inductive thinking. Now, of course

0:42:12.360 --> 0:42:16.239
<v Speaker 3>the adversarial side. There is an adversarial side to inquest

0:42:16.640 --> 0:42:22.200
<v Speaker 3>and you've experienced that, and that's where people who have

0:42:22.320 --> 0:42:27.400
<v Speaker 3>a different theory or have a particular theory challenge the

0:42:28.080 --> 0:42:31.839
<v Speaker 3>range of theories that have been developed. So current might thinking, okay, well,

0:42:31.880 --> 0:42:40.000
<v Speaker 3>the possibilities available for me are suicide, homicide, jumped off

0:42:40.000 --> 0:42:46.960
<v Speaker 3>a cliff, fell off a cliff, accidentally, was kidding up

0:42:47.000 --> 0:42:53.040
<v Speaker 3>by by by martians and assaulted who knows what. So

0:42:53.080 --> 0:42:56.279
<v Speaker 3>there might be a range of possible theories, and some

0:42:56.360 --> 0:42:58.120
<v Speaker 3>of the people who have an interest in this it

0:42:58.239 --> 0:43:01.360
<v Speaker 3>might be police, or it might be persons of interest

0:43:01.400 --> 0:43:06.160
<v Speaker 3>as we call suspects might want to challenge some of

0:43:06.200 --> 0:43:11.920
<v Speaker 3>these theories because they don't want the coroner to ultimately

0:43:12.680 --> 0:43:18.560
<v Speaker 3>settle on a particular theory that blames them. So there

0:43:18.640 --> 0:43:21.799
<v Speaker 3>is a degree of adversarialism in it in it or

0:43:21.880 --> 0:43:25.240
<v Speaker 3>can be in an inquest. But it's all about really

0:43:25.920 --> 0:43:30.640
<v Speaker 3>this inductive thinking. What is the most satisfactory theory we

0:43:30.719 --> 0:43:34.960
<v Speaker 3>can come up with that explains this death and the

0:43:35.000 --> 0:43:38.600
<v Speaker 3>circumstances that surrounded it, And that means you have to

0:43:38.680 --> 0:43:44.760
<v Speaker 3>look as carefully as you can at the surrounding circumstances,

0:43:44.800 --> 0:43:47.440
<v Speaker 3>and that might mean that you take a wide look.

0:43:47.880 --> 0:43:51.400
<v Speaker 1>Does that allow for opinions to come in? Yes, because

0:43:52.480 --> 0:43:55.600
<v Speaker 1>rare in the criminal court that you get off your opinion,

0:43:55.640 --> 0:43:59.360
<v Speaker 1>but in the coroner's court, quite often opinions the coroner

0:43:59.440 --> 0:44:00.560
<v Speaker 1>takes that account.

0:44:00.640 --> 0:44:04.480
<v Speaker 3>Opinions can be very important and they can be quite persuasive.

0:44:06.719 --> 0:44:12.360
<v Speaker 3>And also hearsay evidence. So here's some heresay evidence. Obviously

0:44:12.400 --> 0:44:15.279
<v Speaker 3>can get into a criminal trial, but only under very

0:44:15.280 --> 0:44:20.920
<v Speaker 3>limited circumstances because there are questions about the reliability of

0:44:20.960 --> 0:44:25.200
<v Speaker 3>hearsay and of opinions. Juries have to come up with

0:44:25.239 --> 0:44:28.200
<v Speaker 3>their own opinion about whether someone's guilty or not. That's

0:44:28.239 --> 0:44:31.759
<v Speaker 3>the idea about opinion evidence unless it relates to some

0:44:31.800 --> 0:44:35.719
<v Speaker 3>sort of area of X that's beyond common knowledge, etc.

0:44:38.239 --> 0:44:43.960
<v Speaker 3>But coroners are running an inquiry, not a trial, and

0:44:44.000 --> 0:44:48.840
<v Speaker 3>that's the fundamental difference. And that's what I'm saying inductive thinking,

0:44:49.040 --> 0:44:53.120
<v Speaker 3>that's I'm thinking about, what's the question, How do I

0:44:53.200 --> 0:44:55.960
<v Speaker 3>answer the question? What's the theory I can come up

0:44:55.960 --> 0:45:01.759
<v Speaker 3>with that answer answers the question question is how did

0:45:01.760 --> 0:45:04.880
<v Speaker 3>this person die? How did this death come about? What

0:45:05.080 --> 0:45:08.880
<v Speaker 3>explains it? But if we go to a trial, the

0:45:08.920 --> 0:45:12.000
<v Speaker 3>prosecution thinks it knows the answer to that, then it's

0:45:12.000 --> 0:45:15.520
<v Speaker 3>got to persuade a jury to agree with that answer.

0:45:18.719 --> 0:45:23.320
<v Speaker 1>I'm just reflecting back on my first experience at an inquest,

0:45:23.360 --> 0:45:25.760
<v Speaker 1>and I think it was even in my uniform days,

0:45:25.800 --> 0:45:30.440
<v Speaker 1>where a young child, the mother was in the bathroom

0:45:30.480 --> 0:45:33.799
<v Speaker 1>and the hair dry fell into the bath. The two

0:45:33.880 --> 0:45:38.640
<v Speaker 1>kids in the bath just toddlers, and one died and

0:45:38.680 --> 0:45:42.920
<v Speaker 1>one survived from that. And I remember, and this was

0:45:42.920 --> 0:45:45.160
<v Speaker 1>probably the first sort of situation I've been to like

0:45:45.200 --> 0:45:47.440
<v Speaker 1>that where a brief had to be put together for

0:45:47.480 --> 0:45:50.120
<v Speaker 1>the coroner, So we put together a coronial brief. A

0:45:50.120 --> 0:45:53.400
<v Speaker 1>lot of questions were asked by what sort of system

0:45:53.400 --> 0:45:55.879
<v Speaker 1>did they have in the fuse box with the electrical work,

0:45:56.239 --> 0:45:58.919
<v Speaker 1>wasn't the safety Why didn't the circuit break a trip

0:45:58.960 --> 0:46:02.040
<v Speaker 1>at the time, and think like that long time ago.

0:46:02.160 --> 0:46:05.560
<v Speaker 1>But I think some recommendations came on the back of that.

0:46:05.560 --> 0:46:10.040
<v Speaker 1>That's the type of incident that would be bought before

0:46:10.040 --> 0:46:10.520
<v Speaker 1>the coroner.

0:46:10.800 --> 0:46:15.040
<v Speaker 3>Yeah, definitely, And it's the very kind of incident that

0:46:15.120 --> 0:46:19.319
<v Speaker 3>should be brought before the coroner because there's obviously if

0:46:19.920 --> 0:46:26.439
<v Speaker 3>you explore that scenario thoroughly enough, there are there's real

0:46:26.480 --> 0:46:28.240
<v Speaker 3>potential for saving life in future.

0:46:28.520 --> 0:46:32.719
<v Speaker 1>And warning's about electrical appliances near the bath and where

0:46:32.760 --> 0:46:34.719
<v Speaker 1>powerpoints are located near the bath.

0:46:34.600 --> 0:46:39.719
<v Speaker 3>All of that, and yeah, well I would imagine a

0:46:39.760 --> 0:46:43.040
<v Speaker 3>good coroner came up with a number of recommendations, and

0:46:43.080 --> 0:46:46.080
<v Speaker 3>no doubt the police, which might have been you Gary,

0:46:47.000 --> 0:46:49.440
<v Speaker 3>contributed to that thinking process.

0:46:49.880 --> 0:46:52.800
<v Speaker 1>It was I remember it because it was such a tragic,

0:46:53.640 --> 0:46:55.840
<v Speaker 1>tragic accident, and that's what it was.

0:46:55.880 --> 0:46:56.640
<v Speaker 2>It was an accident.

0:46:56.680 --> 0:46:59.560
<v Speaker 1>But whether the accident could have been safeguarded against by

0:47:00.040 --> 0:47:02.400
<v Speaker 1>you know, putting things in place or just letting people

0:47:02.680 --> 0:47:06.600
<v Speaker 1>be more aware of the situation. Another one, and I'm

0:47:06.600 --> 0:47:09.359
<v Speaker 1>just reflecting on all the different experiences I've had in

0:47:09.520 --> 0:47:14.560
<v Speaker 1>a coroner's court. The bower of all matter, you're familiar

0:47:14.560 --> 0:47:16.440
<v Speaker 1>with it, and people that have listened to the podcast

0:47:16.480 --> 0:47:19.160
<v Speaker 1>would be familiar with it. The murder of Evelyn green Up,

0:47:19.280 --> 0:47:23.440
<v Speaker 1>Colin Walker, and Clinton Speedy in nineteen ninety and ninety one.

0:47:23.520 --> 0:47:27.360
<v Speaker 1>Over a five month period, a person had been a

0:47:27.560 --> 0:47:31.480
<v Speaker 1>charge with one of the murders, went to court and

0:47:31.680 --> 0:47:35.480
<v Speaker 1>the person was acquitted. I became involved in a reinvestigation

0:47:35.800 --> 0:47:39.920
<v Speaker 1>and we just saw that we reinvestigated. We thought we

0:47:40.000 --> 0:47:42.640
<v Speaker 1>had enough information for the matter to go back before

0:47:42.680 --> 0:47:44.840
<v Speaker 1>the courts for the other two because the double jeopardy

0:47:44.920 --> 0:47:48.480
<v Speaker 1>legislation wasn't in on the other two matters that a

0:47:48.560 --> 0:47:52.040
<v Speaker 1>person hadn't been charged with, but the DPP knocked it back.

0:47:52.800 --> 0:47:55.640
<v Speaker 1>We then went to an inquest and had an inquest

0:47:55.640 --> 0:47:58.920
<v Speaker 1>where it was the first time witnesses in regards to

0:47:58.960 --> 0:48:02.400
<v Speaker 1>all three matters had provided any form of evidence in

0:48:02.680 --> 0:48:06.440
<v Speaker 1>a court environment because the person that was charged with

0:48:06.520 --> 0:48:09.600
<v Speaker 1>that crime was only dealt with the facts relating to

0:48:09.880 --> 0:48:14.560
<v Speaker 1>the murder of Clinton Speedy. We've gone to the inquest.

0:48:15.400 --> 0:48:19.120
<v Speaker 1>The inquest ran over a number of weeks. Everyone gave

0:48:19.200 --> 0:48:23.360
<v Speaker 1>evidence and there was opportunities for people to be cross examined.

0:48:24.120 --> 0:48:26.719
<v Speaker 1>On the back of that, I think it was John Abernathy,

0:48:26.840 --> 0:48:30.000
<v Speaker 1>was a coroner at the time, made a recommendation to

0:48:30.120 --> 0:48:34.120
<v Speaker 1>the DPP that he has reasonable cause that the known

0:48:34.160 --> 0:48:37.040
<v Speaker 1>persons involved in the matter and that all three matters

0:48:37.080 --> 0:48:40.440
<v Speaker 1>should be looked together. On the back of that, the

0:48:40.560 --> 0:48:44.040
<v Speaker 1>DPP then a little bit down the track, but the

0:48:44.080 --> 0:48:48.080
<v Speaker 1>weight that was carried from the inquest and John Abernathy's

0:48:48.120 --> 0:48:53.759
<v Speaker 1>recommendations decided to exo fishao, indict diet the person. I

0:48:53.920 --> 0:48:56.479
<v Speaker 1>raise that as an example because that's where I see

0:48:56.520 --> 0:49:00.279
<v Speaker 1>the coronial court working in an investigation. In that gave

0:49:00.320 --> 0:49:03.959
<v Speaker 1>the witnesses the opportunity to give evidence in a court

0:49:04.000 --> 0:49:07.840
<v Speaker 1>room environment, and then an assessment could have been was

0:49:07.880 --> 0:49:10.240
<v Speaker 1>made on the weight that could be placed on the evidence.

0:49:10.600 --> 0:49:13.759
<v Speaker 1>Is that how you see a coroner's court can be used. Yeah.

0:49:13.920 --> 0:49:18.520
<v Speaker 3>And in fact, in New South Wales, if a person

0:49:18.560 --> 0:49:23.319
<v Speaker 3>has died and homicide is the suspected cause of that

0:49:23.400 --> 0:49:28.680
<v Speaker 3>and death and inquest is mandatory and so yeah, I

0:49:28.680 --> 0:49:31.839
<v Speaker 3>was thinking about this the other day. I'm quite sure

0:49:31.840 --> 0:49:36.439
<v Speaker 3>how many homicide inquests I did. It's probably I would

0:49:36.520 --> 0:49:43.800
<v Speaker 3>say probably twenty CYCA. In some cases I did refer

0:49:44.040 --> 0:49:49.040
<v Speaker 3>cases to the DPP. In other cases we didn't get

0:49:49.080 --> 0:49:52.080
<v Speaker 3>far enough. And in fact, the very last case I

0:49:52.160 --> 0:49:55.680
<v Speaker 3>did as a coroner was in Newcastle. It was a

0:49:55.719 --> 0:50:01.720
<v Speaker 3>double murder and we we had a person of interest

0:50:02.800 --> 0:50:09.040
<v Speaker 3>who gave evidence, but there simply wasn't enough evidence in

0:50:09.080 --> 0:50:13.799
<v Speaker 3>my opinion, the opinion of my counsel assisting or the

0:50:13.800 --> 0:50:18.399
<v Speaker 3>police investigators to refer to the DPP. An interesting, very

0:50:18.440 --> 0:50:25.040
<v Speaker 3>interesting case. Yeah, And you know, you never know. Sometimes

0:50:25.800 --> 0:50:31.600
<v Speaker 3>people say things or do things which pushes a case

0:50:31.800 --> 0:50:36.080
<v Speaker 3>where the DPP has doubts that the evidence is sufficient

0:50:36.600 --> 0:50:39.960
<v Speaker 3>over the line. And so a couple of a couple

0:50:39.960 --> 0:50:44.440
<v Speaker 3>of times I referred cases to the DPP after they

0:50:44.520 --> 0:50:51.160
<v Speaker 3>had initially decided there wasn't enough evidence. And sometimes they

0:50:51.200 --> 0:50:54.680
<v Speaker 3>put people on trial, sometimes they don't. Sometimes they take it.

0:50:54.800 --> 0:50:57.440
<v Speaker 3>You know, once they have a look at all the evidence,

0:50:58.920 --> 0:51:01.480
<v Speaker 3>they think, ye, that will work or not work.

0:51:01.640 --> 0:51:05.520
<v Speaker 1>And I think that's what perhaps the public caren't fully

0:51:05.520 --> 0:51:08.919
<v Speaker 1>informed on that when the coroner maker makes a recommendation,

0:51:09.200 --> 0:51:11.840
<v Speaker 1>it's still that's not the end of the story. That

0:51:11.880 --> 0:51:14.440
<v Speaker 1>doesn't mean the person's going to trial. The DPP's got

0:51:14.440 --> 0:51:18.399
<v Speaker 1>to assess it from a criminal point of view, whether

0:51:18.600 --> 0:51:21.879
<v Speaker 1>there's sufficient evidence to warrant charges.

0:51:21.560 --> 0:51:22.320
<v Speaker 2>Against a person.

0:51:22.680 --> 0:51:25.960
<v Speaker 1>I suppose I lost my faith and I'm sorry to

0:51:25.960 --> 0:51:28.680
<v Speaker 1>say this when you're seeing here as a coroner, very

0:51:28.719 --> 0:51:32.319
<v Speaker 1>early in my career, but got it back. Naive young

0:51:32.400 --> 0:51:36.040
<v Speaker 1>detective working on a case. It was a brutal case.

0:51:36.080 --> 0:51:39.400
<v Speaker 1>A person had been shot with a shotgun and dumped

0:51:39.440 --> 0:51:42.480
<v Speaker 1>in the boot of his car, and his car was abandoned.

0:51:43.040 --> 0:51:47.279
<v Speaker 1>Locals called the police out. It was a horrendous, horrendous scene.

0:51:47.280 --> 0:51:49.840
<v Speaker 1>It was during the heat wave and the deceased body

0:51:49.880 --> 0:51:52.520
<v Speaker 1>was in the back of the boot for five days.

0:51:52.960 --> 0:51:55.440
<v Speaker 1>I remember the case well, I remember the post mortem.

0:51:55.480 --> 0:51:59.960
<v Speaker 1>It was a horrendous situation. There was what I considered

0:52:00.040 --> 0:52:02.719
<v Speaker 1>evidence a person person of interest. We won't mention the

0:52:02.840 --> 0:52:07.160
<v Speaker 1>names or the case. Young detective thinking, this is frustrating.

0:52:07.239 --> 0:52:09.840
<v Speaker 1>We know this person has done it, and it was

0:52:09.880 --> 0:52:14.080
<v Speaker 1>sort of suggested, let's take the matter to the coroner

0:52:14.480 --> 0:52:18.960
<v Speaker 1>and maybe further evidence will be forthcoming. What and I

0:52:19.040 --> 0:52:21.719
<v Speaker 1>knew this was a possibility, but it shocked me when

0:52:21.719 --> 0:52:25.280
<v Speaker 1>I saw it actually work. In the process, the person

0:52:25.280 --> 0:52:28.240
<v Speaker 1>of interest got in the witness box. We had presented

0:52:28.239 --> 0:52:30.840
<v Speaker 1>the brief to the coroner. I was excited as a

0:52:30.960 --> 0:52:33.840
<v Speaker 1>naive young detective, thinking, Okay, well this is We're going

0:52:33.920 --> 0:52:36.080
<v Speaker 1>to watch this person get carved up. He got in

0:52:36.120 --> 0:52:40.000
<v Speaker 1>the witness box and he was said, I declined to

0:52:40.080 --> 0:52:43.080
<v Speaker 1>answer any questions on the ground I might incriminate myself.

0:52:43.320 --> 0:52:45.800
<v Speaker 1>He got thanked by the coroner and left the court,

0:52:46.040 --> 0:52:48.840
<v Speaker 1>and it was sort of my expectations were high, the

0:52:48.920 --> 0:52:53.080
<v Speaker 1>family's expectations were. My expectations were high because I was

0:52:53.200 --> 0:52:56.120
<v Speaker 1>naive as the workings of the court. But I thought

0:52:56.200 --> 0:52:59.000
<v Speaker 1>there I just lost a little bit of faith in

0:52:59.040 --> 0:53:02.880
<v Speaker 1>that that write the silence. I fully understand the concept

0:53:02.880 --> 0:53:06.279
<v Speaker 1>of the silence, but a coronial inquest is to find

0:53:06.280 --> 0:53:09.160
<v Speaker 1>out what's happened to a person, and this person clearly

0:53:09.200 --> 0:53:14.560
<v Speaker 1>had relevant information about about how this person died, but

0:53:15.080 --> 0:53:17.960
<v Speaker 1>was allowed to just say I'm not going to say anything.

0:53:18.000 --> 0:53:19.080
<v Speaker 2>What's your thoughts on that?

0:53:19.600 --> 0:53:23.920
<v Speaker 3>I have mixed feelings about that from a purely coronial

0:53:23.920 --> 0:53:27.920
<v Speaker 3>point of view, Like everybody else, I would like to

0:53:28.840 --> 0:53:32.440
<v Speaker 3>hear the story from the person who probably knows most

0:53:32.440 --> 0:53:36.640
<v Speaker 3>about it. On the other hand, if there is a

0:53:36.719 --> 0:53:42.480
<v Speaker 3>strong case against a known person, I'd be quite reluctant

0:53:42.719 --> 0:53:46.600
<v Speaker 3>to force them to give evidence. The reason being that

0:53:47.120 --> 0:53:50.400
<v Speaker 3>if you force them to give evidence, they object, and

0:53:50.440 --> 0:53:53.600
<v Speaker 3>then you say no, no, no, you're going to give evidence.

0:53:54.719 --> 0:53:58.600
<v Speaker 3>They have to give evidence, and then they talk, but

0:53:58.640 --> 0:54:02.080
<v Speaker 3>whatever they say can be used, and it can't be

0:54:02.320 --> 0:54:06.120
<v Speaker 3>used in any way at all. So you can't be

0:54:06.200 --> 0:54:09.960
<v Speaker 3>used directly against them or indirectly against them, which is

0:54:10.000 --> 0:54:16.400
<v Speaker 3>even worse. So if you force someone to speak, my

0:54:16.560 --> 0:54:21.440
<v Speaker 3>view was that you run the real risk of jeopardizing

0:54:21.640 --> 0:54:25.319
<v Speaker 3>what may be a strong case at trial, because they'll

0:54:25.360 --> 0:54:28.160
<v Speaker 3>be able to say, oh, well, the cops went and

0:54:28.160 --> 0:54:29.040
<v Speaker 3>got this evidence.

0:54:30.160 --> 0:54:33.120
<v Speaker 1>It's not just the evidence that provided can't be used.

0:54:33.160 --> 0:54:34.759
<v Speaker 1>It's a flow on, that's right.

0:54:35.719 --> 0:54:39.160
<v Speaker 3>All the evidence that is obtained indirectly as a result

0:54:39.200 --> 0:54:41.880
<v Speaker 3>of them speaking is inadmissible.

0:54:42.280 --> 0:54:46.680
<v Speaker 1>Well, I'm sure you are for me with the Matthew

0:54:46.760 --> 0:54:50.600
<v Speaker 1>Levison cases and that was an interesting I found that

0:54:50.719 --> 0:54:55.440
<v Speaker 1>an interesting case for a whole range of reasons. But basically,

0:54:55.880 --> 0:54:58.279
<v Speaker 1>and we've had Mark and Faye on the podcast, so

0:54:58.360 --> 0:55:03.839
<v Speaker 1>people have probably heard talk about the situation. Matthew disappeared.

0:55:04.719 --> 0:55:08.560
<v Speaker 1>He'd been out Saturday night at Oxford Street in Sydney

0:55:09.120 --> 0:55:15.680
<v Speaker 1>with his partner and disappeared. The partner was eventually circumstances

0:55:15.719 --> 0:55:18.680
<v Speaker 1>around the disappearance was a bit strange. They've waken up

0:55:18.719 --> 0:55:21.160
<v Speaker 1>and that Matthew's gone and the partner got on with

0:55:21.200 --> 0:55:25.160
<v Speaker 1>his life. And then Mark and fayr initi when they

0:55:25.160 --> 0:55:28.720
<v Speaker 1>were contacted by Matthew's employer he hadn't turned up for work.

0:55:29.040 --> 0:55:32.160
<v Speaker 1>They went to the police and reported that Matthew missing.

0:55:33.040 --> 0:55:36.359
<v Speaker 1>There was an investigation and I can say the name

0:55:36.560 --> 0:55:39.160
<v Speaker 1>that he hasn't been convicted of the murder, but it's

0:55:39.160 --> 0:55:42.759
<v Speaker 1>all public record. Michael Atkins, he's partner at the time,

0:55:42.920 --> 0:55:46.880
<v Speaker 1>was charged with murder. A murder trial was conducted, and

0:55:46.920 --> 0:55:49.680
<v Speaker 1>we should note that Michael Atkins was acquitted of murder

0:55:49.680 --> 0:55:52.880
<v Speaker 1>and manslaughter in two thousand and nine. So Mark and

0:55:52.920 --> 0:55:55.960
<v Speaker 1>Fayer left in and I'm sure you'd understand the situation.

0:55:56.120 --> 0:55:59.520
<v Speaker 1>Left in this horrible situation where they've okay, they've put

0:55:59.560 --> 0:56:02.400
<v Speaker 1>their faith in the justice system, it's gone the court

0:56:02.800 --> 0:56:05.279
<v Speaker 1>and then what have we got. Well, we've got no

0:56:05.360 --> 0:56:08.480
<v Speaker 1>answers because we've been told that this person wasn't responsible

0:56:08.480 --> 0:56:13.440
<v Speaker 1>for son's son's murder by the court during the trial

0:56:14.320 --> 0:56:16.960
<v Speaker 1>I became involved in it. They spoke to me and

0:56:17.640 --> 0:56:20.440
<v Speaker 1>we looked at okay, we could go to a cranial

0:56:20.480 --> 0:56:23.759
<v Speaker 1>inquest because and I think the representations they made to

0:56:23.800 --> 0:56:26.680
<v Speaker 1>the coroner were we put our faith in the justice

0:56:26.719 --> 0:56:29.759
<v Speaker 1>system as in the court system. We still don't have

0:56:29.840 --> 0:56:33.480
<v Speaker 1>answers for our son. Can we have a corannial inquest?

0:56:33.880 --> 0:56:36.120
<v Speaker 1>And on the back of that, there was a decision

0:56:36.160 --> 0:56:39.759
<v Speaker 1>that an inquest would be held. There was a lot

0:56:39.800 --> 0:56:42.600
<v Speaker 1>of layers to it, but it got to the point

0:56:42.600 --> 0:56:45.360
<v Speaker 1>where I was satisfied from a homicide to take this

0:56:45.440 --> 0:56:47.759
<v Speaker 1>point of view that we'd taken the investigation as far

0:56:47.800 --> 0:56:50.600
<v Speaker 1>as we possibly could. There was not going to We'd

0:56:51.160 --> 0:56:54.239
<v Speaker 1>gathered all the evidence of available evidence, so there wasn't

0:56:54.280 --> 0:56:57.200
<v Speaker 1>an opportunity because double jeopardy legislation had come in by

0:56:57.200 --> 0:56:59.640
<v Speaker 1>that stage. There wasn't going to be an opportunity to

0:56:59.680 --> 0:57:03.120
<v Speaker 1>reach uge because we hadn't gathered fresh and compelling evidence.

0:57:04.200 --> 0:57:06.640
<v Speaker 1>So then a bit of a conundrum. And you know,

0:57:06.800 --> 0:57:10.320
<v Speaker 1>Mark and Fay would on weekends go look for Matt's body.

0:57:10.360 --> 0:57:12.680
<v Speaker 1>They were desperate to get Matt's body back. And I

0:57:12.719 --> 0:57:15.759
<v Speaker 1>still remember having the conversation with them about what do

0:57:15.800 --> 0:57:17.680
<v Speaker 1>you hope to achieve from the inquest? And I think

0:57:17.720 --> 0:57:21.800
<v Speaker 1>it was Elaine Truscott was the coroner and very very

0:57:21.840 --> 0:57:27.320
<v Speaker 1>considerate of everyone's feelings and the appropriateness of the whole

0:57:27.600 --> 0:57:30.120
<v Speaker 1>way the matter has been run. And the decision was

0:57:30.200 --> 0:57:34.400
<v Speaker 1>made to give Michael Atkins a Section sixty one certificate

0:57:35.000 --> 0:57:38.200
<v Speaker 1>so that he could and when the listeners hear this,

0:57:38.280 --> 0:57:40.720
<v Speaker 1>they think this is ridiculous. But he could have got

0:57:40.720 --> 0:57:44.240
<v Speaker 1>in the witness box and said, yes, I murdered Matthew

0:57:44.280 --> 0:57:46.880
<v Speaker 1>Levison and this is how I did it, and that

0:57:46.920 --> 0:57:48.280
<v Speaker 1>we couldn't use that evidence.

0:57:48.560 --> 0:57:49.560
<v Speaker 2>But that's the.

0:57:49.480 --> 0:57:52.880
<v Speaker 1>Deal that we made a lot of processes that we

0:57:52.920 --> 0:57:54.800
<v Speaker 1>had to go through to do that, and it was

0:57:54.840 --> 0:57:59.000
<v Speaker 1>contested at court and Michael Atkins's defense were doing a

0:57:59.000 --> 0:58:02.720
<v Speaker 1>great job in protecting them. Eventually a decision was made

0:58:02.760 --> 0:58:07.040
<v Speaker 1>that he could give evidence with a section sixty one certificate.

0:58:07.880 --> 0:58:10.600
<v Speaker 1>He purjured himself whilst giving evidence in the witness box

0:58:10.640 --> 0:58:14.520
<v Speaker 1>for a week trying to answer questions and dodge around,

0:58:15.520 --> 0:58:18.200
<v Speaker 1>and then he was given the indemnity from the Attorney

0:58:18.280 --> 0:58:21.040
<v Speaker 1>General if he took us to Matthew Levison's body, which

0:58:21.080 --> 0:58:24.600
<v Speaker 1>he did. That's using an inquest in a way that

0:58:25.160 --> 0:58:28.200
<v Speaker 1>I don't think those said the circumstances would present themselves

0:58:28.320 --> 0:58:32.040
<v Speaker 1>very often. I know there was some sort of pushback

0:58:32.080 --> 0:58:34.680
<v Speaker 1>on people thinking, oh, well, are we really usurping the

0:58:34.720 --> 0:58:38.680
<v Speaker 1>person's right to silence? To me, I felt that it

0:58:38.720 --> 0:58:41.920
<v Speaker 1>was the right thing to do. I think Mark and

0:58:42.000 --> 0:58:44.720
<v Speaker 1>Fay have got their son's remains back. No one's been

0:58:44.840 --> 0:58:48.959
<v Speaker 1>charged with the murder. I'm just interested in to getting

0:58:49.040 --> 0:58:52.760
<v Speaker 1>your thoughts because I know it caused some different opinions.

0:58:52.800 --> 0:58:55.400
<v Speaker 1>I won't say controversy. Everyone wanted to see it resolved

0:58:55.440 --> 0:58:58.080
<v Speaker 1>in some way. What's your feelings on that?

0:58:59.400 --> 0:59:04.360
<v Speaker 3>Yeah, well, and I've talked to various people about this.

0:59:05.760 --> 0:59:08.840
<v Speaker 3>Some people I know and respect, some lawyers I know

0:59:09.120 --> 0:59:14.240
<v Speaker 3>and respect very much don't like it at all, for

0:59:14.320 --> 0:59:18.720
<v Speaker 3>the very reasons you've just explained that it seems to

0:59:18.800 --> 0:59:23.920
<v Speaker 3>run against the ethos of our criminal justice system. On

0:59:23.960 --> 0:59:27.400
<v Speaker 3>the other hand, I couldn't help feeling for the Leveson

0:59:27.520 --> 0:59:31.919
<v Speaker 3>family to be honest, to get their son's body back,

0:59:32.000 --> 0:59:35.120
<v Speaker 3>to be able to bury him, to at least get

0:59:35.360 --> 0:59:40.320
<v Speaker 3>some idea of what actually happened to him. I think

0:59:40.960 --> 0:59:48.040
<v Speaker 3>was worth the cost. In that particular case. There's are

0:59:48.160 --> 0:59:52.760
<v Speaker 3>very rare circumstances, and I don't think the principle that

0:59:52.800 --> 0:59:57.200
<v Speaker 3>people are concerned about of protecting people's right to silence

0:59:57.960 --> 1:00:02.560
<v Speaker 3>is in any way undermined, and in fact, in some

1:00:02.640 --> 1:00:09.160
<v Speaker 3>ways it's strengthened, I suppose, because it's shown that if

1:00:09.200 --> 1:00:14.280
<v Speaker 3>you if you force someone to speak against the against

1:00:14.280 --> 1:00:17.040
<v Speaker 3>their own interests, to tell the truth, in other words,

1:00:18.200 --> 1:00:21.080
<v Speaker 3>then there is a price to pay for that. And

1:00:23.560 --> 1:00:25.080
<v Speaker 3>you know, when you when you go back and think

1:00:25.120 --> 1:00:27.240
<v Speaker 3>about the right to silence, it goes back to the

1:00:27.360 --> 1:00:31.160
<v Speaker 3>days when if you were found guilty of an offense,

1:00:31.160 --> 1:00:35.040
<v Speaker 3>you were hung for it. So obviously there had to

1:00:35.040 --> 1:00:39.280
<v Speaker 3>be some protection against people being hung on the evidence

1:00:39.320 --> 1:00:41.600
<v Speaker 3>that came out of their own mouths. You know, that's

1:00:41.680 --> 1:00:45.760
<v Speaker 3>torturing people, really, one way or the other. So I

1:00:45.800 --> 1:00:48.680
<v Speaker 3>fully support the right to silence, and you know, would

1:00:48.680 --> 1:00:53.360
<v Speaker 3>always do that, but I think in this particular case,

1:00:54.320 --> 1:00:57.440
<v Speaker 3>and I really respect Elane, trust God as well as

1:00:57.440 --> 1:01:00.680
<v Speaker 3>a human being, as well as as well as a coroner,

1:01:01.280 --> 1:01:03.280
<v Speaker 3>I think she made the right decision.

1:01:03.720 --> 1:01:05.840
<v Speaker 2>Yeah, it was a difficult one.

1:01:06.000 --> 1:01:09.800
<v Speaker 1>I suppose even though a precedent has been set like that,

1:01:09.800 --> 1:01:11.800
<v Speaker 1>it hasn't opened the floodgates because it was such a

1:01:11.920 --> 1:01:19.560
<v Speaker 1>rare combination of circumstances requiely and it's one that yeah,

1:01:19.720 --> 1:01:22.840
<v Speaker 1>I won't say sleepless nights, but there was a lot

1:01:22.880 --> 1:01:24.480
<v Speaker 1>of thought that went into that, and there was a

1:01:24.480 --> 1:01:27.960
<v Speaker 1>lot of counterviews and different things. But the safeguards were

1:01:27.960 --> 1:01:31.600
<v Speaker 1>put in two and his defense team pushed it as

1:01:31.600 --> 1:01:35.440
<v Speaker 1>hard as they could on defending his right to avoid

1:01:35.520 --> 1:01:39.840
<v Speaker 1>giving evidence in those circumstances. But look, I feel satisfied

1:01:39.880 --> 1:01:42.680
<v Speaker 1>by it. I think the system worked. It was a

1:01:42.720 --> 1:01:45.880
<v Speaker 1>different way of approaching the system, but the system worked

1:01:45.880 --> 1:01:46.720
<v Speaker 1>in that regards.

1:01:47.480 --> 1:01:51.840
<v Speaker 3>And you'd know from your general career as a police

1:01:51.880 --> 1:01:55.640
<v Speaker 3>officer too that sometimes for the law to work, you

1:01:55.760 --> 1:01:59.320
<v Speaker 3>have to give people who have done bad things and

1:01:59.440 --> 1:02:04.840
<v Speaker 3>indemnine tea for the greater good. Yeah, it's a utilitarian concept,

1:02:04.880 --> 1:02:07.880
<v Speaker 3>I know. But you know, when I was at the

1:02:07.880 --> 1:02:12.160
<v Speaker 3>come of DVP, we're quite often we did indemnify people

1:02:12.320 --> 1:02:16.120
<v Speaker 3>who would give up major drug importers and so forth.

1:02:16.240 --> 1:02:18.680
<v Speaker 3>So you know that was that was the price you

1:02:18.760 --> 1:02:19.680
<v Speaker 3>paid for the evidence.

1:02:19.920 --> 1:02:23.400
<v Speaker 1>It's a necessary tool, and I break when there's a

1:02:23.480 --> 1:02:26.479
<v Speaker 1>different narrative or different discussions on what should be done.

1:02:26.480 --> 1:02:29.880
<v Speaker 1>And with the leves and matter I said, okay, well

1:02:30.240 --> 1:02:33.160
<v Speaker 1>the option is we don't do that, but we're not

1:02:33.200 --> 1:02:35.320
<v Speaker 1>going to find out where Matt's bodies, So.

1:02:36.800 --> 1:02:37.959
<v Speaker 2>What are we risking here?

1:02:38.200 --> 1:02:42.600
<v Speaker 1>Like it's we ever just just pack up our tools

1:02:42.600 --> 1:02:43.520
<v Speaker 1>and go home.

1:02:43.880 --> 1:02:47.240
<v Speaker 3>But you're right anyway, Gary, that the floodgates have not opened.

1:02:47.400 --> 1:02:49.080
<v Speaker 2>Yeah, well I saw.

1:02:49.240 --> 1:02:52.640
<v Speaker 1>I saw that and many a debate and discussion in

1:02:52.760 --> 1:02:55.920
<v Speaker 1>parliament with the double jeopardy legislation when that came in,

1:02:55.960 --> 1:02:58.680
<v Speaker 1>and that was on the back of the bearable thing.

1:02:59.240 --> 1:03:03.160
<v Speaker 1>People we know about it. In summary, if you'd been

1:03:03.200 --> 1:03:06.400
<v Speaker 1>acquitted of a crime before the double jeopardy legislation came in,

1:03:06.680 --> 1:03:10.200
<v Speaker 1>you couldn't be retried. So again the analogy at the extreme,

1:03:10.560 --> 1:03:12.400
<v Speaker 1>you could be acquitted of murder, walk out on the

1:03:12.400 --> 1:03:14.520
<v Speaker 1>steps of court and say I did it, I got

1:03:14.520 --> 1:03:17.480
<v Speaker 1>a way of it, and we couldn't charge that person.

1:03:17.840 --> 1:03:20.440
<v Speaker 1>The double jeopardy legislation came in, and there was a

1:03:20.480 --> 1:03:24.440
<v Speaker 1>lot of pushback about that. I was involved from the

1:03:24.840 --> 1:03:27.240
<v Speaker 1>Bowable point of view, using it sort of as a

1:03:27.520 --> 1:03:30.840
<v Speaker 1>test case and the world the sky was.

1:03:30.800 --> 1:03:31.320
<v Speaker 2>Going to fall.

1:03:31.720 --> 1:03:36.000
<v Speaker 1>The naysayers that didn't want the want this legislation come in.

1:03:36.360 --> 1:03:38.320
<v Speaker 1>If this comes in, it's going to turn our legal

1:03:38.920 --> 1:03:42.160
<v Speaker 1>justice system upside down. I think to this day the

1:03:42.440 --> 1:03:45.440
<v Speaker 1>legislation still hasn't been acted upon, but it's in there

1:03:45.440 --> 1:03:48.960
<v Speaker 1>as a safeguard if circumstances happened in bearable so.

1:03:49.440 --> 1:03:53.280
<v Speaker 3>And the you would hope would be very careful in

1:03:53.360 --> 1:03:57.600
<v Speaker 3>any event. Yeah, you know, you wouldn't want people being

1:03:58.120 --> 1:04:00.760
<v Speaker 3>dragged up from years and years and years ago with

1:04:01.520 --> 1:04:06.760
<v Speaker 3>some sort of weak evidence. You're right, it has to

1:04:06.760 --> 1:04:11.560
<v Speaker 3>be very compelling. Is compelling, it's a very high state.

1:04:12.080 --> 1:04:13.520
<v Speaker 2>It's a high high standard.

1:04:13.600 --> 1:04:16.400
<v Speaker 1>And look, I understood there was an argument there that

1:04:17.120 --> 1:04:20.680
<v Speaker 1>it would allow and it was fresh and compelling evidence,

1:04:20.720 --> 1:04:22.440
<v Speaker 1>and it's got to be in the interest of justice,

1:04:22.480 --> 1:04:24.840
<v Speaker 1>and it had to be an offense that carries a

1:04:25.080 --> 1:04:27.840
<v Speaker 1>minimum of twenty years. There was a lot of things

1:04:27.880 --> 1:04:30.160
<v Speaker 1>that went into it, but I understood. One of the

1:04:30.240 --> 1:04:34.240
<v Speaker 1>arguments I understood was it would allow police or investigators

1:04:34.640 --> 1:04:37.600
<v Speaker 1>to do a half hearted job the first time, and

1:04:37.360 --> 1:04:39.600
<v Speaker 1>if they lost the trial, I will do it properly

1:04:39.600 --> 1:04:43.560
<v Speaker 1>this time. And I could understand that concept that that sloppiness,

1:04:43.560 --> 1:04:47.960
<v Speaker 1>but it clearly hasn't come into play. But yeah, they're

1:04:48.000 --> 1:04:52.360
<v Speaker 1>interesting thoughts on the way justice can be approached.

1:04:52.680 --> 1:04:53.400
<v Speaker 2>When we get back.

1:04:53.440 --> 1:04:55.320
<v Speaker 1>We might take a break now, but when we get back,

1:04:55.360 --> 1:04:57.040
<v Speaker 1>I want to talk about some of the cases that

1:04:57.080 --> 1:05:02.000
<v Speaker 1>you've overseen, some very seen cases and your reflections on

1:05:02.440 --> 1:05:06.600
<v Speaker 1>those cases and something that you're very passionate about, and

1:05:07.000 --> 1:05:07.800
<v Speaker 1>full credit to you.

1:05:08.080 --> 1:05:09.360
<v Speaker 2>I support what you're.

1:05:09.200 --> 1:05:13.760
<v Speaker 1>Trying to do in how we could make the crannial

1:05:13.800 --> 1:05:17.120
<v Speaker 1>process or the Coroni's court a better place, because I

1:05:17.120 --> 1:05:19.000
<v Speaker 1>know you've been doing a lot of work on that

1:05:19.200 --> 1:05:19.919
<v Speaker 1>since you've left.

1:05:20.400 --> 1:05:22.320
<v Speaker 3>Yeah, I have Okay, great

1:05:22.440 --> 1:05:23.640
<v Speaker 2>Okay, we'll be back soon.