1 00:00:05,921 --> 00:00:07,281 Speaker 1: Approache Production. 2 00:00:15,201 --> 00:00:16,481 Speaker 2: Welcome back to our little Ladie. 3 00:00:16,640 --> 00:00:19,041 Speaker 3: It's been a while since we've recorded our last episode, 4 00:00:19,041 --> 00:00:22,001 Speaker 3: but that doesn't mean that Eden has been forgotten all 5 00:00:22,121 --> 00:00:26,041 Speaker 3: the work has stopped. In fact, it's quite the opposite. 6 00:00:26,601 --> 00:00:30,161 Speaker 3: In the last months, a lot has happened. There is 7 00:00:30,281 --> 00:00:33,361 Speaker 3: more and more for Jason and Amanda, their family, and 8 00:00:33,400 --> 00:00:36,201 Speaker 3: the millions of supporters that have listened to this podcast 9 00:00:36,281 --> 00:00:39,881 Speaker 3: to be hopeful for. So over the next few weeks, 10 00:00:39,961 --> 00:00:42,040 Speaker 3: you're going to hear from Jason and Amanda with some 11 00:00:42,400 --> 00:00:46,281 Speaker 3: big bits of news. But in this episode, we're going 12 00:00:46,321 --> 00:00:50,321 Speaker 3: to speak to an expert in forensic pathology about an 13 00:00:50,361 --> 00:00:54,441 Speaker 3: interim report that he's just completed for the Westbrooks. 14 00:00:56,521 --> 00:00:59,921 Speaker 4: My name is doctor Richard Byron Collins. I'm a consultant 15 00:00:59,961 --> 00:01:04,961 Speaker 4: forensic pathologist in private practice, and I've been practicing forensic 16 00:01:05,081 --> 00:01:10,680 Speaker 4: pathology and pathology for approximately fifty years. During that time, 17 00:01:10,761 --> 00:01:14,881 Speaker 4: I've worked largely for the defense. That's because I'm in 18 00:01:14,920 --> 00:01:19,201 Speaker 4: private practice as opposed to being a salaried forensic pathologist 19 00:01:19,560 --> 00:01:23,881 Speaker 4: with a forensic institute in any of the States. During 20 00:01:23,881 --> 00:01:27,521 Speaker 4: that period of time, I've been a lecturer in forensic 21 00:01:27,521 --> 00:01:33,241 Speaker 4: pathology at Monation Melbourne, universities and carried out approximately ten 22 00:01:33,321 --> 00:01:38,641 Speaker 4: thousand post mortem examinations on all types of deaths, largely 23 00:01:38,961 --> 00:01:41,121 Speaker 4: under the jurisdiction of the coroner. 24 00:01:41,601 --> 00:01:44,720 Speaker 1: And I've been involved in giving evidence in. 25 00:01:45,081 --> 00:01:51,121 Speaker 4: Suppose almost all courts throughout Australia and in some courts overseas. 26 00:01:51,441 --> 00:01:53,641 Speaker 2: How did you hear about the Eden Westbrook case? 27 00:01:56,041 --> 00:02:00,401 Speaker 1: I form memory, which is not all that good these days. 28 00:02:00,721 --> 00:02:04,841 Speaker 4: I think I was approached by Channel nine originally and 29 00:02:05,241 --> 00:02:09,481 Speaker 4: got involved through a number of journalists and the family themselves. 30 00:02:10,081 --> 00:02:13,281 Speaker 2: So as part of that work that you've been doing 31 00:02:13,321 --> 00:02:18,681 Speaker 2: with the family, you've just recently handed down a preliminary 32 00:02:18,721 --> 00:02:21,240 Speaker 2: finding on your investigation. Is that right? 33 00:02:21,641 --> 00:02:22,201 Speaker 1: Yes, I have. 34 00:02:22,520 --> 00:02:26,161 Speaker 4: I've headed it really preliminary comments because I didn't have 35 00:02:26,281 --> 00:02:30,000 Speaker 4: all the materials which I would normally have to properly 36 00:02:30,041 --> 00:02:34,401 Speaker 4: review a case where the cause of death and the 37 00:02:34,441 --> 00:02:38,961 Speaker 4: circumstances of the death have come into question, either by 38 00:02:39,561 --> 00:02:44,120 Speaker 4: a family member or a legal firm or the coronial 39 00:02:44,201 --> 00:02:45,321 Speaker 4: system itself. 40 00:02:46,081 --> 00:02:48,681 Speaker 2: We have spoken before, But what was missing? What would 41 00:02:48,721 --> 00:02:49,681 Speaker 2: you have hoped to have seen? 42 00:02:50,401 --> 00:02:55,321 Speaker 4: There were basically three exercises which I as yet have 43 00:02:55,441 --> 00:03:00,321 Speaker 4: been unable to carry out and therefore unable to provide 44 00:03:00,361 --> 00:03:04,881 Speaker 4: a final report, most important of which were the collection 45 00:03:05,321 --> 00:03:10,161 Speaker 4: of autopsy photographs taken during the performance of the post 46 00:03:10,161 --> 00:03:15,001 Speaker 4: mortem examination, which should have shown any abnormalities which were 47 00:03:15,041 --> 00:03:19,680 Speaker 4: present and identified by the pathologist. I haven't as yet 48 00:03:19,721 --> 00:03:25,240 Speaker 4: looked at the light microscope slides, which are made from 49 00:03:25,561 --> 00:03:28,601 Speaker 4: small pieces of tissue which are harvested at the time 50 00:03:28,601 --> 00:03:32,960 Speaker 4: of the autopsy and processed so that each major organ 51 00:03:33,161 --> 00:03:35,561 Speaker 4: can be looked at under the microscope, or a sample 52 00:03:35,601 --> 00:03:39,321 Speaker 4: of each organ can be looked at under the microscope, 53 00:03:39,601 --> 00:03:44,601 Speaker 4: in order to identify any disease processes which might be 54 00:03:44,681 --> 00:03:48,281 Speaker 4: present and may or may not have contributed to the death. 55 00:03:49,281 --> 00:03:53,841 Speaker 4: And where a death is difficult, or whether circumstances are 56 00:03:53,881 --> 00:03:58,161 Speaker 4: difficult to ascertain, and the contents of the autopsy report 57 00:03:58,681 --> 00:04:02,401 Speaker 4: may be difficult to understand. And I'm not necessarily saying 58 00:04:02,441 --> 00:04:05,681 Speaker 4: that that's so in this case, but that's my common 59 00:04:05,681 --> 00:04:09,721 Speaker 4: practice to speak with the pathologist in order to clarify 60 00:04:09,881 --> 00:04:13,121 Speaker 4: some issues that might arise out of the autopsy report. 61 00:04:13,561 --> 00:04:16,841 Speaker 4: And this has certainly been so in this particular case. 62 00:04:18,041 --> 00:04:20,601 Speaker 3: You've heard doctor Collins before in this podcast. He came 63 00:04:20,641 --> 00:04:22,840 Speaker 3: on about a year or so ago to talk about 64 00:04:23,121 --> 00:04:26,200 Speaker 3: how astounded he was that he was unable to access 65 00:04:26,241 --> 00:04:30,721 Speaker 3: photographs of the autopsy. As a forensic pathology expert. 66 00:04:31,521 --> 00:04:32,320 Speaker 2: He said it was. 67 00:04:32,401 --> 00:04:36,401 Speaker 3: Highly unusual and not providing these photographs was hindering the 68 00:04:36,440 --> 00:04:42,001 Speaker 3: family's opportunity for closure. To date, doctor Collins still hasn't 69 00:04:42,041 --> 00:04:45,161 Speaker 3: seen those photographs, and that's why this is only a 70 00:04:45,241 --> 00:04:50,041 Speaker 3: preliminary finding because without those photos it's hard to finalize 71 00:04:50,041 --> 00:04:50,961 Speaker 3: his report. 72 00:04:51,961 --> 00:04:55,841 Speaker 4: Well, I'm fervently hoping, and it may be that I'm 73 00:04:55,880 --> 00:05:00,161 Speaker 4: hoping that pigs might fly, But in reality, if I 74 00:05:00,440 --> 00:05:04,440 Speaker 4: have access to the photographs and am able to speak 75 00:05:04,440 --> 00:05:07,561 Speaker 4: to theol just to clarify some issues and look at 76 00:05:07,561 --> 00:05:13,080 Speaker 4: the microscope slides, then I'm prepared to provide a further document. 77 00:05:13,801 --> 00:05:16,801 Speaker 4: It may or may not alter from what I've said 78 00:05:16,961 --> 00:05:21,481 Speaker 4: in my preliminary statement. And also I would hopefully have 79 00:05:21,681 --> 00:05:27,200 Speaker 4: access to any police investigations which hopefully again had been 80 00:05:27,281 --> 00:05:31,961 Speaker 4: carried out on any items of clothing or the rope 81 00:05:32,161 --> 00:05:34,481 Speaker 4: or the scene at the time of the event. 82 00:05:35,401 --> 00:05:39,761 Speaker 2: You stated in your comments that you are not prepared 83 00:05:39,761 --> 00:05:43,521 Speaker 2: to accept the cause of death as is as fixial. 84 00:05:43,641 --> 00:05:46,760 Speaker 4: Is that he say yes the term in the autops 85 00:05:46,801 --> 00:05:50,441 Speaker 4: of report, which is not one that I would commonly use, 86 00:05:50,481 --> 00:05:53,601 Speaker 4: although I'm not saying that it's not necessarily correct. It 87 00:05:53,641 --> 00:05:57,801 Speaker 4: is really difficult to sort out the mechanism of the 88 00:05:57,801 --> 00:06:00,921 Speaker 4: cause of death in somebody who has been found hanging. 89 00:06:02,081 --> 00:06:05,561 Speaker 4: It's not necessarily due to asphixiator. There are other factors 90 00:06:05,561 --> 00:06:08,880 Speaker 4: which may occur once the neck has been constricted, and 91 00:06:08,961 --> 00:06:12,321 Speaker 4: so I would prefer to if I were happy with 92 00:06:12,401 --> 00:06:16,440 Speaker 4: the circumstances and the findings to give a cause of 93 00:06:16,481 --> 00:06:20,481 Speaker 4: death as hanging. It might be in this case that 94 00:06:20,561 --> 00:06:23,880 Speaker 4: if I'm not happy with the circumstances and the findings 95 00:06:23,880 --> 00:06:27,841 Speaker 4: in the additional materials that I hopefully obtain, then I 96 00:06:27,921 --> 00:06:30,841 Speaker 4: will provide the cause of death as I have already 97 00:06:30,961 --> 00:06:32,281 Speaker 4: as undetermined. 98 00:06:32,961 --> 00:06:36,321 Speaker 2: You mentioned that the location of a fracture I'm guessing 99 00:06:36,361 --> 00:06:38,720 Speaker 2: around the neck I think, in your words, said should 100 00:06:38,721 --> 00:06:41,041 Speaker 2: have rung alarm bells. Can you tell me about what 101 00:06:41,161 --> 00:06:41,601 Speaker 2: you found? 102 00:06:42,761 --> 00:06:46,161 Speaker 4: Yes, Look, I have to be fairly careful at the 103 00:06:46,201 --> 00:06:51,401 Speaker 4: moment inasmuch that I don't divulge too much anatomical information, 104 00:06:51,521 --> 00:06:54,640 Speaker 4: and that's why I might be appearing rather vague. But 105 00:06:55,401 --> 00:06:59,561 Speaker 4: suffice it to say that the ligature in this case 106 00:07:00,281 --> 00:07:02,601 Speaker 4: was found around the upper part of the neck in 107 00:07:02,681 --> 00:07:05,841 Speaker 4: other words, beneath the angle of the you, which is 108 00:07:05,880 --> 00:07:09,601 Speaker 4: not an uncommon place to find a ligature in somebody 109 00:07:09,601 --> 00:07:14,201 Speaker 4: who's died or has been found hanging. So there was that, 110 00:07:15,001 --> 00:07:19,001 Speaker 4: and then there was a fracture in a structure, a 111 00:07:19,041 --> 00:07:23,721 Speaker 4: cartilaginous structure in the voice box, which was well away 112 00:07:23,921 --> 00:07:27,161 Speaker 4: from the actual location of the ligature. 113 00:07:28,481 --> 00:07:30,201 Speaker 1: Now, it's not all. 114 00:07:30,041 --> 00:07:34,881 Speaker 4: That uncommon to find fractures in the voice box in 115 00:07:34,921 --> 00:07:39,681 Speaker 4: somebody who has died by hanging, but in this particular situation, 116 00:07:40,081 --> 00:07:45,001 Speaker 4: it is very uncommon for the fracture to be located 117 00:07:45,201 --> 00:07:48,081 Speaker 4: in the particular part of the voice box as it 118 00:07:48,201 --> 00:07:51,321 Speaker 4: was in this manner. So that's why I think that, 119 00:07:52,561 --> 00:07:55,561 Speaker 4: And this is really no reflection on the pathologist. It's 120 00:07:55,641 --> 00:07:58,921 Speaker 4: just a general comment that if there is a fracture 121 00:07:59,241 --> 00:08:04,921 Speaker 4: in an unusual place, then that should prompt further investigation 122 00:08:05,521 --> 00:08:07,601 Speaker 4: by the investigating officers. 123 00:08:08,081 --> 00:08:12,001 Speaker 2: Are there any alternative explanations on how that injury might 124 00:08:12,041 --> 00:08:16,361 Speaker 2: have been sustained or have you seen it in previous cases. 125 00:08:16,921 --> 00:08:22,241 Speaker 4: I suppose a fracture is occasioned by blunt force trauma, 126 00:08:23,081 --> 00:08:26,601 Speaker 4: and that may have been as a result of compression 127 00:08:26,641 --> 00:08:31,241 Speaker 4: of the neck by another mechanism as opposed to the 128 00:08:31,361 --> 00:08:35,521 Speaker 4: ligature around the neck. Now, there's no evidence that the 129 00:08:35,601 --> 00:08:39,321 Speaker 4: ligature was initially applied lower in the neck. That would 130 00:08:39,441 --> 00:08:42,121 Speaker 4: make me feel much more comfortable about the fracture in 131 00:08:42,121 --> 00:08:48,401 Speaker 4: this particular cartilage. So it says to me that there 132 00:08:48,441 --> 00:08:53,241 Speaker 4: has been some localized pressure by whatever means to that 133 00:08:53,281 --> 00:09:00,201 Speaker 4: particular area, rather than transmitted pressure from a ligature higher 134 00:09:00,321 --> 00:09:03,161 Speaker 4: up in the neck. If there's going to be transmitted 135 00:09:03,201 --> 00:09:07,841 Speaker 4: pressure in the tissue within the neck itself, that usually 136 00:09:08,481 --> 00:09:11,441 Speaker 4: results in fractures in a totally different location. 137 00:09:12,921 --> 00:09:15,001 Speaker 2: Can I pose a question and you may or may 138 00:09:15,001 --> 00:09:16,681 Speaker 2: not be able to answer it, but I guess I'm 139 00:09:16,801 --> 00:09:21,161 Speaker 2: asking this question for the audience. Would it be fair 140 00:09:21,241 --> 00:09:24,561 Speaker 2: to say that an injury to that part of the 141 00:09:24,601 --> 00:09:27,721 Speaker 2: neck might be caused by someone strangling somewhat? 142 00:09:28,801 --> 00:09:31,121 Speaker 4: Well, it might be, and then we'll get into the 143 00:09:32,081 --> 00:09:34,921 Speaker 4: argument of and this is a three day lecture on 144 00:09:35,441 --> 00:09:39,601 Speaker 4: what are the signs of manual strangulation or ligature strangulation? 145 00:09:40,401 --> 00:09:43,961 Speaker 4: And sometimes there is basically nothing on the surface of 146 00:09:44,001 --> 00:09:47,321 Speaker 4: the skin, whereas there may be some damage in the 147 00:09:47,401 --> 00:09:51,241 Speaker 4: underlying tissues. Now, the only surface damage in this case 148 00:09:51,521 --> 00:09:56,521 Speaker 4: that I could identify was an area of bruising below 149 00:09:56,561 --> 00:09:59,641 Speaker 4: the ligature mark on the left side of the neck, 150 00:10:00,281 --> 00:10:03,521 Speaker 4: and this was well away from the actual fracture in 151 00:10:03,561 --> 00:10:08,761 Speaker 4: the cartilage. So that's one of the reasons why I 152 00:10:08,841 --> 00:10:14,201 Speaker 4: am extremely keen to hand the autopsy photographs, because there 153 00:10:14,201 --> 00:10:18,361 Speaker 4: may be something that shows up on the photograph which 154 00:10:18,401 --> 00:10:22,721 Speaker 4: has for whatever reason, been omitted in the post mortem 155 00:10:22,761 --> 00:10:26,241 Speaker 4: examination report. And I would have to say that, you know, 156 00:10:26,321 --> 00:10:29,841 Speaker 4: it's not impossible for a pathologist, and I'm just speaking 157 00:10:29,921 --> 00:10:34,441 Speaker 4: generally here and not referring to this particular pathologist, where 158 00:10:34,841 --> 00:10:37,281 Speaker 4: when you're dictating your notes or writing your notes, you 159 00:10:37,361 --> 00:10:41,041 Speaker 4: might put down the wrong side or you might for 160 00:10:41,121 --> 00:10:46,321 Speaker 4: whatever reason, omit to write down a particular injury or finding. 161 00:10:47,281 --> 00:10:53,801 Speaker 4: And that's why it's mandatory basically to have photographs for comparison. 162 00:10:55,681 --> 00:10:58,041 Speaker 3: You may remember across our reporting of this case that 163 00:10:58,201 --> 00:11:01,841 Speaker 3: Eden Westbrook's post mortem was carried out by a pathologist, 164 00:11:02,041 --> 00:11:06,721 Speaker 3: not a forensic pathologist like doctor Collins. I know, across 165 00:11:06,761 --> 00:11:08,961 Speaker 3: the years this has been a question that Jason and 166 00:11:09,001 --> 00:11:13,081 Speaker 3: Amanda have asked, why did an expert in forensics carry 167 00:11:13,081 --> 00:11:16,481 Speaker 3: out in z autopsy and not just a pathologist. 168 00:11:17,801 --> 00:11:20,481 Speaker 1: I'm not sure that I like the term just a pathologist. 169 00:11:21,001 --> 00:11:24,601 Speaker 4: We're all fellows of the Royal College of Pathologists of Australasia, 170 00:11:24,961 --> 00:11:29,601 Speaker 4: with varying degrees of training. Now it's my understanding, and 171 00:11:29,641 --> 00:11:32,761 Speaker 4: I could be wrong that the particular pathologist in this 172 00:11:32,881 --> 00:11:37,681 Speaker 4: case was a well trained anatomical pathologist and not necessarily 173 00:11:37,881 --> 00:11:42,321 Speaker 4: a forensic pathologist, but would have some forensic pathology skills, 174 00:11:42,681 --> 00:11:45,521 Speaker 4: because as part of the training of an anatomic pathologist 175 00:11:45,921 --> 00:11:49,161 Speaker 4: you need to have performed a number of post mortem examinations. 176 00:11:50,081 --> 00:11:56,521 Speaker 4: But an anatomical pathologist may not necessarily appreciate the subtleties 177 00:11:56,681 --> 00:12:01,321 Speaker 4: of something abnormal or the subtleties of something normal in 178 00:12:01,401 --> 00:12:05,561 Speaker 4: a particular post mortem examination. I understan and where you're 179 00:12:05,561 --> 00:12:08,321 Speaker 4: coming from, And it's quite a reasonable question, and I 180 00:12:08,401 --> 00:12:11,961 Speaker 4: must say that I have to couch all my comments 181 00:12:12,321 --> 00:12:16,881 Speaker 4: with the caveat that I haven't yet spoken to this pathologist, and. 182 00:12:16,881 --> 00:12:21,761 Speaker 2: The conversation with the pathologist would help you deliver a 183 00:12:21,921 --> 00:12:25,521 Speaker 2: more comprehensive if you like finding Yes. 184 00:12:25,601 --> 00:12:28,481 Speaker 4: You're quite right there. Look, it's not only a matter 185 00:12:28,521 --> 00:12:33,041 Speaker 4: of courtesy to notify another pathologist that you are involved 186 00:12:33,081 --> 00:12:36,161 Speaker 4: in a particular case and assessing their work. The assessment 187 00:12:36,241 --> 00:12:38,681 Speaker 4: might be less than helpful in the long run, but 188 00:12:39,041 --> 00:12:42,321 Speaker 4: it is common courtesy to do so. But it also 189 00:12:42,561 --> 00:12:46,441 Speaker 4: and I found this personally over the years, very important 190 00:12:46,921 --> 00:12:50,721 Speaker 4: and very useful to to the fat with the pathologist 191 00:12:50,841 --> 00:12:54,641 Speaker 4: in relation to the findings that have been documented and 192 00:12:54,921 --> 00:12:57,521 Speaker 4: which may not have been documented but are obvious on 193 00:12:57,561 --> 00:13:01,441 Speaker 4: the photographs. And similarly, that applies to the microscope slides. 194 00:13:01,681 --> 00:13:05,521 Speaker 4: Perhaps a little less relevant in a case where death 195 00:13:05,561 --> 00:13:09,041 Speaker 4: has been due to trauma, as is supposed to be 196 00:13:09,121 --> 00:13:11,881 Speaker 4: in this case, but I've been involved in a number 197 00:13:11,921 --> 00:13:14,921 Speaker 4: of cases where I've requested to look at the light 198 00:13:15,001 --> 00:13:20,481 Speaker 4: microscope slides and found disease conditions which weren't obvious to 199 00:13:20,481 --> 00:13:23,321 Speaker 4: the naked eye. And that is not uncommon to have 200 00:13:23,881 --> 00:13:27,401 Speaker 4: a diseased organ that looks normal macroscopically or to the 201 00:13:27,481 --> 00:13:31,801 Speaker 4: naked eye, and these conditions, it was argued, could have 202 00:13:31,841 --> 00:13:36,201 Speaker 4: played a significant role in the demise of a particular individual. 203 00:13:37,121 --> 00:13:38,641 Speaker 4: And so again that's why I want to look at 204 00:13:38,641 --> 00:13:42,041 Speaker 4: the slides. And it's really a process of dotting the 205 00:13:42,081 --> 00:13:46,721 Speaker 4: eyes and crossing the t's when you're examining something, examining 206 00:13:46,721 --> 00:13:49,201 Speaker 4: a case, it needs to be complete. As far as 207 00:13:49,201 --> 00:13:52,841 Speaker 4: I'm concerned, otherwise it's a waste of time really as 208 00:13:52,841 --> 00:13:53,641 Speaker 4: an exercise. 209 00:13:54,601 --> 00:13:57,001 Speaker 3: Doctor Barron Collins also had some other things that he 210 00:13:57,081 --> 00:14:00,721 Speaker 3: found were unusual in this case. In particular, it was 211 00:14:00,761 --> 00:14:02,841 Speaker 3: some of the things that were not done in his 212 00:14:03,041 --> 00:14:07,761 Speaker 3: expert opinion as a forensic pathologists. For instance, there was 213 00:14:07,841 --> 00:14:10,241 Speaker 3: never any genital swaps done on Eden. 214 00:14:11,521 --> 00:14:11,721 Speaker 2: Well. 215 00:14:11,801 --> 00:14:14,921 Speaker 4: I suppose it's just that it's out of abundance of caution, 216 00:14:15,521 --> 00:14:20,601 Speaker 4: particularly in the circumstances such as this particular case where 217 00:14:20,641 --> 00:14:24,361 Speaker 4: you've got a young teenage girl. One never knows what 218 00:14:24,481 --> 00:14:28,121 Speaker 4: might have happened. And it's quite obvious that the police 219 00:14:28,401 --> 00:14:33,961 Speaker 4: have made no comment in relation to any abnormal finding 220 00:14:34,041 --> 00:14:37,641 Speaker 4: or suspicion of some event that might have occurred. But 221 00:14:38,121 --> 00:14:40,801 Speaker 4: it's too late, after the horse has bolted and you've 222 00:14:40,801 --> 00:14:43,401 Speaker 4: done the autopsy and the bodies being buried or cremated 223 00:14:43,841 --> 00:14:46,121 Speaker 4: to think, oh, for goodness sake, I should have taken 224 00:14:46,161 --> 00:14:49,321 Speaker 4: some genital swaps. It would be out of an abundance 225 00:14:49,361 --> 00:14:52,681 Speaker 4: of caution. But you never know what you're going to find. 226 00:14:52,961 --> 00:14:56,481 Speaker 4: As I say, particularly in the circumstances as these are. 227 00:14:57,401 --> 00:14:59,281 Speaker 2: Is that standard forensic procedure. 228 00:15:00,041 --> 00:15:06,081 Speaker 4: No, it's not, And there are no detail guidelines as 229 00:15:06,081 --> 00:15:09,441 Speaker 4: far as I'm aware from the College as to what 230 00:15:09,521 --> 00:15:14,001 Speaker 4: you must do in a post mortem examination. It's left 231 00:15:14,201 --> 00:15:18,081 Speaker 4: up to the pathologist to decide what the extent of 232 00:15:18,121 --> 00:15:20,961 Speaker 4: the investigation, whether it's only going to be an external 233 00:15:21,001 --> 00:15:25,241 Speaker 4: examination or an external and internal with a number of 234 00:15:25,401 --> 00:15:32,281 Speaker 4: ancillary investigations which would include normally histology and possibly toxicology 235 00:15:32,321 --> 00:15:36,921 Speaker 4: and perhaps biochemistry and microbiology, and then the sampling of 236 00:15:37,001 --> 00:15:41,921 Speaker 4: forensic material. But that's up to the pathologists generally to 237 00:15:42,201 --> 00:15:45,321 Speaker 4: decide what he or she wants to do. That decision 238 00:15:45,401 --> 00:15:48,761 Speaker 4: may or may not be prompted by comments from the 239 00:15:49,121 --> 00:15:52,281 Speaker 4: or information from the investigating police officers. 240 00:15:53,041 --> 00:15:54,161 Speaker 1: Not so in this case. 241 00:15:54,321 --> 00:15:57,721 Speaker 4: It seems to me sadly that for whatever reason, the 242 00:15:57,761 --> 00:16:02,241 Speaker 4: investigating officers at the scene decided that it was basically 243 00:16:02,361 --> 00:16:04,561 Speaker 4: a simple suicide by hanging. 244 00:16:05,121 --> 00:16:05,561 Speaker 1: And that was. 245 00:16:16,881 --> 00:16:19,721 Speaker 3: Welcome back to our in depth chat with doctor Barron Collins, 246 00:16:19,721 --> 00:16:23,121 Speaker 3: who's a forensic pathologist who's working pro bono for the 247 00:16:23,121 --> 00:16:26,361 Speaker 3: Westbrook family to try and find an answer to what 248 00:16:26,481 --> 00:16:30,961 Speaker 3: happened to their little ed. Doctor Collins has undertaken up 249 00:16:30,961 --> 00:16:34,561 Speaker 3: perliminary report for the family after examining some of the 250 00:16:34,601 --> 00:16:38,241 Speaker 3: materials that he's been given he can't complete his work 251 00:16:38,281 --> 00:16:41,801 Speaker 3: because the Corners so far has refused to allow him 252 00:16:41,961 --> 00:16:45,521 Speaker 3: or the family access to the autopsy photos. 253 00:16:46,481 --> 00:16:50,521 Speaker 4: As far as I'm concerned, the credibility of this investigation 254 00:16:51,001 --> 00:16:57,041 Speaker 4: is severely in question, and it's lacking in the totality 255 00:16:57,281 --> 00:17:01,201 Speaker 4: of what, as I understand it at the moment, were 256 00:17:01,241 --> 00:17:05,401 Speaker 4: the investigations by the forensic officers. One never knows what's 257 00:17:05,441 --> 00:17:08,441 Speaker 4: going to turn up, and as I said before, it's 258 00:17:08,481 --> 00:17:11,680 Speaker 4: too late once the body's gone and the materials have gone, 259 00:17:12,120 --> 00:17:14,961 Speaker 4: to say, of christsake, we should have looked at that 260 00:17:15,001 --> 00:17:18,880 Speaker 4: particular aspect. I might have to eat humble pie in 261 00:17:18,961 --> 00:17:22,680 Speaker 4: this particular case, because, as with some other bits and 262 00:17:22,721 --> 00:17:26,281 Speaker 4: pieces in it, I have not been provided with any 263 00:17:26,321 --> 00:17:31,281 Speaker 4: of the results of investigations of the forensic officers, which 264 00:17:31,481 --> 00:17:32,600 Speaker 4: may or may not have been. 265 00:17:32,481 --> 00:17:34,481 Speaker 1: Carried out at the laboratory. 266 00:17:34,840 --> 00:17:37,680 Speaker 4: There may be some results, and there may have been investigations, 267 00:17:38,321 --> 00:17:41,360 Speaker 4: and then I'll be, as I've said, just eating the 268 00:17:41,441 --> 00:17:45,201 Speaker 4: humble pie. But at the moment, my impression and understanding 269 00:17:45,400 --> 00:17:48,321 Speaker 4: is that there was nothing that was taken away from 270 00:17:48,400 --> 00:17:53,760 Speaker 4: the scene which was then examined which could have provided 271 00:17:54,080 --> 00:17:57,640 Speaker 4: evidence of perhaps of a third party involvement. 272 00:17:58,201 --> 00:18:01,600 Speaker 2: You also noted that there's no reliable evidence to determine 273 00:18:01,640 --> 00:18:05,121 Speaker 2: the exact day of death. Can you tell me about that. 274 00:18:06,521 --> 00:18:09,600 Speaker 4: I see in the coroner's finding that it was decided 275 00:18:09,681 --> 00:18:12,680 Speaker 4: that the death occurred on the seventeenth and the body 276 00:18:12,721 --> 00:18:15,801 Speaker 4: was found on the eighteenth. Now, I have no idea 277 00:18:16,360 --> 00:18:21,001 Speaker 4: what the reasoning behind that is, because it's just absolutely unfounded. 278 00:18:21,041 --> 00:18:25,321 Speaker 4: Whatever the reasoning is or unreliable. The determination of the 279 00:18:25,360 --> 00:18:29,120 Speaker 4: time of death is fraught with difficulty, and in the 280 00:18:29,160 --> 00:18:32,600 Speaker 4: old days it used to be based on the presence 281 00:18:32,640 --> 00:18:36,761 Speaker 4: of post mortem changes such as the presence of rigamortis 282 00:18:36,801 --> 00:18:42,240 Speaker 4: and post modern abidity and body temperature. Now there have 283 00:18:42,360 --> 00:18:45,841 Speaker 4: been some monumental stuff ups over the years by so 284 00:18:45,961 --> 00:18:51,041 Speaker 4: called expert pathologists who have pontificated about the time of 285 00:18:51,080 --> 00:18:57,201 Speaker 4: death and caused considerable concern in the courts and wrongful convictions. 286 00:18:58,360 --> 00:19:02,001 Speaker 4: So it is a difficult aspect to look at. The 287 00:19:02,080 --> 00:19:05,400 Speaker 4: most appropriate way to do it, and this is not 288 00:19:05,521 --> 00:19:11,081 Speaker 4: always practicable, is for a pathologist or somebody suitably qualified 289 00:19:11,681 --> 00:19:16,201 Speaker 4: to examine the body, insite you and look for those findings, 290 00:19:16,801 --> 00:19:21,240 Speaker 4: but more particularly pay some reliance on what might be 291 00:19:21,400 --> 00:19:26,400 Speaker 4: the core body temperature. But even that will only give 292 00:19:26,441 --> 00:19:30,001 Speaker 4: you a window of time, and it's certainly not quite 293 00:19:30,041 --> 00:19:33,521 Speaker 4: as easy as it seems when the good doctor in 294 00:19:33,600 --> 00:19:38,321 Speaker 4: Midsummer Murders gives you down to the house, minute, second 295 00:19:38,321 --> 00:19:42,361 Speaker 4: and nanosecond basically of when somebody died. It's all very 296 00:19:42,400 --> 00:19:46,080 Speaker 4: well in a TV series because the time's helpful sorting 297 00:19:46,120 --> 00:19:49,840 Speaker 4: out your witnesses. It's not that simple in real life. 298 00:19:50,640 --> 00:19:54,400 Speaker 4: My view is always that to say that the time 299 00:19:54,441 --> 00:19:57,600 Speaker 4: of death will be a guestimate and from the pathologist, 300 00:19:58,201 --> 00:20:02,721 Speaker 4: and if you have a reliable lay witness or anybody 301 00:20:02,801 --> 00:20:07,001 Speaker 4: else who is reliable, then that evidence should be accepted 302 00:20:07,321 --> 00:20:11,160 Speaker 4: basically over what the pathologist says in a general sense. 303 00:20:11,721 --> 00:20:14,120 Speaker 4: But in this particular case, we've got a couple of 304 00:20:14,120 --> 00:20:18,401 Speaker 4: policemen who talk about rigor mortis and post mortem libidity, 305 00:20:19,001 --> 00:20:24,200 Speaker 4: and that information is less than helpful, of little probity value, 306 00:20:24,400 --> 00:20:26,041 Speaker 4: and in my view, useless. 307 00:20:27,481 --> 00:20:31,360 Speaker 2: What are the most critical failures in your mind in 308 00:20:31,400 --> 00:20:33,961 Speaker 2: this investigation so far, well. 309 00:20:33,880 --> 00:20:35,321 Speaker 1: I think they're twofold. 310 00:20:35,400 --> 00:20:39,400 Speaker 4: One is, again, as I understand it, the lack of 311 00:20:39,521 --> 00:20:43,761 Speaker 4: detailed examination of the crime scene and the harvesting of 312 00:20:43,801 --> 00:20:50,280 Speaker 4: appropriate samples for further investigation. And the apparent incompleteness of 313 00:20:50,321 --> 00:20:56,281 Speaker 4: the post mortem examination. But again I'm not directly criticizing 314 00:20:56,521 --> 00:21:00,561 Speaker 4: the pathologist. I'm quite sure that it was done to 315 00:21:00,640 --> 00:21:04,680 Speaker 4: the extent that was at the time deemed appropriate and 316 00:21:04,761 --> 00:21:08,881 Speaker 4: necess except for what I said before that I am 317 00:21:09,041 --> 00:21:13,000 Speaker 4: concerned that if the fracture in the voice box is 318 00:21:13,041 --> 00:21:17,001 Speaker 4: actually located where it's been described, then that should have 319 00:21:17,080 --> 00:21:20,841 Speaker 4: rung some alarm bells. I need to comment in relation 320 00:21:20,961 --> 00:21:24,640 Speaker 4: to the presence of the fracture. All this may be 321 00:21:24,640 --> 00:21:28,400 Speaker 4: a crock of garbage that I'm talking about and unnecessarily 322 00:21:28,600 --> 00:21:33,880 Speaker 4: worry if it is found that the fracture was in 323 00:21:33,921 --> 00:21:37,400 Speaker 4: a different site and that is a typo in the report. 324 00:21:38,160 --> 00:21:41,160 Speaker 4: Now I can conceive that that occurs. It's occurred to 325 00:21:41,321 --> 00:21:45,361 Speaker 4: every pathologist that's ever written a report that's been typed 326 00:21:45,921 --> 00:21:49,681 Speaker 4: by a well meaning typist, either from notes or from 327 00:21:50,041 --> 00:21:53,561 Speaker 4: a voice machine. So it could simply be a typo, 328 00:21:53,681 --> 00:21:56,961 Speaker 4: and if it is, then some of the concerns fall away. 329 00:21:57,400 --> 00:22:00,041 Speaker 1: But if it's not a typo, there is a real problem. 330 00:22:00,761 --> 00:22:02,801 Speaker 2: And the only way for you to see if that's 331 00:22:02,801 --> 00:22:06,721 Speaker 2: a typo or actually real is those photos. 332 00:22:07,360 --> 00:22:10,680 Speaker 4: Yes, hopefully there'll be some photographs taken of the next structures, 333 00:22:10,801 --> 00:22:13,600 Speaker 4: and yes, that would be of assistance, and also talking 334 00:22:13,600 --> 00:22:17,601 Speaker 4: to the pathologist that may well clarify this aspect that 335 00:22:17,721 --> 00:22:20,400 Speaker 4: I've placed a lot of store in at the moment 336 00:22:20,761 --> 00:22:22,120 Speaker 4: may fade away at some stage. 337 00:22:24,360 --> 00:22:29,001 Speaker 3: Over and over again, experts, family members and anyone with 338 00:22:29,041 --> 00:22:31,561 Speaker 3: a wide view of this case believe that it should 339 00:22:31,561 --> 00:22:35,321 Speaker 3: be reinvestigated so that the family can finally get peace. 340 00:22:35,921 --> 00:22:38,481 Speaker 2: And it's something that doctor Collins also believes. 341 00:22:39,681 --> 00:22:43,080 Speaker 4: Yes, I do, even if it's simply just by the 342 00:22:43,120 --> 00:22:46,201 Speaker 4: measures that I want to do as a forensic pathologist. 343 00:22:46,281 --> 00:22:49,840 Speaker 4: But I think that what the police have done or 344 00:22:49,840 --> 00:22:51,840 Speaker 4: a peer to have done at the moment should be 345 00:22:51,921 --> 00:22:56,281 Speaker 4: questioned and if there's any more information, it should be provided, 346 00:22:56,921 --> 00:22:59,441 Speaker 4: and if there isn't, well then it's been pathetic. 347 00:23:00,761 --> 00:23:03,321 Speaker 2: Are you hopeful that you'll get to see those photos 348 00:23:03,561 --> 00:23:04,640 Speaker 2: on behalf of the family. 349 00:23:05,321 --> 00:23:06,400 Speaker 1: I am hopeful, you know. 350 00:23:06,561 --> 00:23:09,960 Speaker 4: Look I have said in my report, it beggars belief 351 00:23:10,481 --> 00:23:15,160 Speaker 4: why the photographs haven't been provided, particularly to somebody like 352 00:23:15,281 --> 00:23:18,721 Speaker 4: myself who is an expert in the area and who's 353 00:23:18,761 --> 00:23:23,001 Speaker 4: been engaged by the family, who have a desperate interest 354 00:23:23,201 --> 00:23:26,161 Speaker 4: in the accuracy of the autopsier report. 355 00:23:26,360 --> 00:23:27,481 Speaker 1: And the findings. 356 00:23:28,400 --> 00:23:32,801 Speaker 4: I just can't understand why they haven't been sent to 357 00:23:32,840 --> 00:23:35,281 Speaker 4: me with the proviso that I won't show them to 358 00:23:35,321 --> 00:23:39,400 Speaker 4: anybody or talk in detail about them. The reasoning that 359 00:23:39,441 --> 00:23:42,680 Speaker 4: the coroner has provided seems to me to be meaningless, 360 00:23:43,120 --> 00:23:47,241 Speaker 4: and it appears that there is no real understanding by 361 00:23:47,281 --> 00:23:51,840 Speaker 4: the cranial system as to how valuable these photographs are. 362 00:23:52,321 --> 00:23:58,080 Speaker 4: Firstly to me to verify the autopsier report, and secondly 363 00:23:58,840 --> 00:24:02,521 Speaker 4: to be able to answer the questions or the concerns 364 00:24:02,521 --> 00:24:06,160 Speaker 4: that have been expressed by the family in relation to 365 00:24:06,241 --> 00:24:10,880 Speaker 4: the presence or otherwise of facial injuries. Now, there are 366 00:24:10,921 --> 00:24:13,640 Speaker 4: certainly some pictures that were taken at the scene, but 367 00:24:13,681 --> 00:24:17,321 Speaker 4: these are not of sufficient quality for me to properly 368 00:24:17,600 --> 00:24:21,441 Speaker 4: interpret at least the facial features in relation to injuries. 369 00:24:21,961 --> 00:24:26,521 Speaker 4: And secondly, they're certainly not the extent that one would 370 00:24:26,561 --> 00:24:28,761 Speaker 4: have in a post mortem examination set. 371 00:24:29,801 --> 00:24:32,521 Speaker 2: I want to ask a personal question here, and feel 372 00:24:32,600 --> 00:24:34,600 Speaker 2: free not to answer it if you don't want to. 373 00:24:35,160 --> 00:24:39,721 Speaker 2: But you're not being paid by anyone to ask these questions, 374 00:24:40,201 --> 00:24:43,281 Speaker 2: So what drives you to find an answer here? Dr Colin? 375 00:24:44,001 --> 00:24:47,001 Speaker 1: The answer to your question is no, I'm not being paid. 376 00:24:47,241 --> 00:24:50,361 Speaker 4: I often get asked this question by the prosecutor when 377 00:24:50,360 --> 00:24:53,601 Speaker 4: I'm giving evidence for the defense in a matter, and 378 00:24:53,721 --> 00:24:57,681 Speaker 4: my simple answer is, yes, I am being paid counsel, 379 00:24:57,761 --> 00:25:00,960 Speaker 4: but so are you look it. I am not a 380 00:25:01,080 --> 00:25:05,360 Speaker 4: hired gun for a particular side. I do do work 381 00:25:05,400 --> 00:25:09,001 Speaker 4: for the prosecution that that's relatively minimal, because, as I 382 00:25:09,080 --> 00:25:12,881 Speaker 4: said before, sitting out in the public domain as an expert, 383 00:25:13,201 --> 00:25:18,080 Speaker 4: it's usually the defense that requests my expertise. I do 384 00:25:18,080 --> 00:25:20,921 Speaker 4: do pro bono work, although not a huge amount, and. 385 00:25:20,840 --> 00:25:21,761 Speaker 1: That's what this is. 386 00:25:21,840 --> 00:25:25,880 Speaker 4: Except I should say that I was paid a small 387 00:25:25,921 --> 00:25:30,561 Speaker 4: amount by Channel nine to provide my initial views, but 388 00:25:30,681 --> 00:25:34,681 Speaker 4: I have not rendered any account at all to the family. 389 00:25:35,201 --> 00:25:39,761 Speaker 4: I am concerned that justice has not been done in 390 00:25:39,761 --> 00:25:43,801 Speaker 4: this case, and I'm happy to assist if I can 391 00:25:44,640 --> 00:25:49,681 Speaker 4: and provide what I think is a detailed and unbiased 392 00:25:50,360 --> 00:25:55,041 Speaker 4: examination of the material. The bottom line is that if 393 00:25:55,080 --> 00:26:00,120 Speaker 4: I'm ever accused of being biased in a report, then 394 00:26:00,360 --> 00:26:03,760 Speaker 4: my credibility goes out the window, and so I have 395 00:26:03,840 --> 00:26:08,121 Speaker 4: to remain down the line so that the court can 396 00:26:08,160 --> 00:26:12,440 Speaker 4: be assisted by what I say, whether it's advantageous or 397 00:26:12,521 --> 00:26:16,401 Speaker 4: useful to the defense or the Crown or whoever employed 398 00:26:16,441 --> 00:26:20,360 Speaker 4: me is irrelevant. And just if you've got time, and 399 00:26:20,400 --> 00:26:22,441 Speaker 4: now you've asked the question, I'll have to tell you. 400 00:26:23,521 --> 00:26:25,400 Speaker 4: There was the case some years ago where I was 401 00:26:25,481 --> 00:26:28,880 Speaker 4: employed by the defense to provide a report at the 402 00:26:28,921 --> 00:26:33,521 Speaker 4: committal hearing for an accused person. I did so, it 403 00:26:33,721 --> 00:26:37,600 Speaker 4: was of no use to the defense. Somehow it got 404 00:26:37,640 --> 00:26:42,840 Speaker 4: tabled and the Crown used it in the trial. So 405 00:26:42,921 --> 00:26:45,200 Speaker 4: I went from one side to the other side with 406 00:26:45,241 --> 00:26:48,120 Speaker 4: the same report. So, in other words, it was down 407 00:26:48,160 --> 00:26:51,041 Speaker 4: the middle, and it was to assist the court, not 408 00:26:51,080 --> 00:26:55,200 Speaker 4: to assist my pecuniary interests or anybody else's, or to 409 00:26:55,241 --> 00:26:58,080 Speaker 4: get somebody off or to convict somebody. It was there 410 00:26:58,120 --> 00:27:00,441 Speaker 4: for the court to look at. So that's a long 411 00:27:00,521 --> 00:27:02,201 Speaker 4: answer to a fairly short question. 412 00:27:02,761 --> 00:27:03,241 Speaker 1: But that's it. 413 00:27:04,041 --> 00:27:07,121 Speaker 2: And finally, you've worked in Tasmania a fair bit. I'm 414 00:27:07,201 --> 00:27:09,840 Speaker 2: aware of some of the cases you've looked at in Tasmania. 415 00:27:10,681 --> 00:27:14,480 Speaker 2: Is there a difference in dealing with the Tasmanian coronial 416 00:27:14,761 --> 00:27:18,401 Speaker 2: process than other parts of Australia. Is it harder or 417 00:27:18,441 --> 00:27:20,961 Speaker 2: is this just the way things are? I think it's 418 00:27:21,001 --> 00:27:22,401 Speaker 2: probably just the way things are. 419 00:27:22,961 --> 00:27:25,920 Speaker 4: I've never found a croner to be quite so recalcitrant 420 00:27:26,201 --> 00:27:30,321 Speaker 4: as in this matter. Generally speaking, I will be provided 421 00:27:30,360 --> 00:27:34,600 Speaker 4: with all the materials I require and request. In a 422 00:27:34,681 --> 00:27:39,680 Speaker 4: case there are differences from state to state. For example, 423 00:27:40,120 --> 00:27:44,360 Speaker 4: Western Australia won't send me the light microscope slides, so 424 00:27:44,600 --> 00:27:48,321 Speaker 4: I have to rely on the pathologist's actual written report 425 00:27:48,721 --> 00:27:50,921 Speaker 4: or go to Western Australia to look at the slides. 426 00:27:51,400 --> 00:27:53,600 Speaker 1: Other states will provide them to me. 427 00:27:54,360 --> 00:27:57,760 Speaker 4: I suppose I have to couch these comments in relation 428 00:27:57,880 --> 00:28:00,920 Speaker 4: to the fact that I'm usually working in a case 429 00:28:01,001 --> 00:28:05,680 Speaker 4: that has legal ramifications, and so the legal problems were 430 00:28:05,721 --> 00:28:09,440 Speaker 4: on foot at that time, and that may well be 431 00:28:09,640 --> 00:28:13,840 Speaker 4: why the coroner in Tasmania in this particular case was 432 00:28:13,961 --> 00:28:16,041 Speaker 4: reluctant to provide me with the information. 433 00:28:16,441 --> 00:28:18,720 Speaker 1: But I think if that's the reason, then as ap 434 00:28:18,761 --> 00:28:19,360 Speaker 1: port reason