WEBVTT - Something Is Not Right About Phoebe's Fall

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<v Speaker 1>You're listening to a MoMA Mia podcast. Mamma Mia acknowledges

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<v Speaker 1>the traditional owners of land and wortars. This podcast was

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<v Speaker 1>recorded on It's eleven forty four AM on December two,

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<v Speaker 1>twenty ten, in Melbourne and Phoebe Hans Juck and her

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<v Speaker 1>dog Yoshi are captured on security camera. They're leaving the

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<v Speaker 1>luxury apartment building on Saint Kilda Road she shares with

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<v Speaker 1>her boyfriend as a fire alarm sounds. She returns six

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<v Speaker 1>minutes later. It's the last time she's ever seen alive.

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<v Speaker 1>After that short clip, we know she consumes enough alcohol

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<v Speaker 1>to put her three times over the legal limit. Traces

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<v Speaker 1>of a sleeping pill are found in her system, according

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<v Speaker 1>to police. At some point over the course of the evening,

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<v Speaker 1>Phoebe exits her apartment and enters her floor's rubbish chute,

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<v Speaker 1>falling twelve floor into a wheelie bin. She survives, but

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<v Speaker 1>her right foot is almost severed by the compactor's blade,

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<v Speaker 1>and in a last bid for life, she drags herself

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<v Speaker 1>around the room looking for an exit. She doesn't find it.

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<v Speaker 1>Her body is found by a concierge at seven pm.

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<v Speaker 1>Her death is ruled a suicide, then an accident, but

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<v Speaker 1>those explanations have never made sense to her family. How

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<v Speaker 1>did she get into the shoot? Why did she get

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<v Speaker 1>into the shoot? Did the police and the coroner get

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<v Speaker 1>it wrong? I'm Jemma Bath and this is True Crime Conversations,

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<v Speaker 1>a Muma Mere podcast exploring the world's most notorious crimes

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<v Speaker 1>by speaking to the people who know the most about them.

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<v Speaker 1>The garbage shoot at Phoebe's apartment was one of those

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<v Speaker 1>ones that you open via a handle about halfway up

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<v Speaker 1>the wall. It swings open on an angle, revealing a

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<v Speaker 1>twenty two centimeter latch opening. It's a pretty awkward hole

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<v Speaker 1>to maneuver yourself into, and watching the recreation of how

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<v Speaker 1>Phoebe might have managed it on Channel nine's Under Investigation,

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<v Speaker 1>it looks almost impossible.

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<v Speaker 2>It's very tight.

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<v Speaker 1>In her second attempt, Daniel pulls herself up, but it

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<v Speaker 1>takes all her strength, balance and coordination. It's just one

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<v Speaker 1>of a long list of questions that remain unanswered in

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<v Speaker 1>this case, a story that has been covered in depth

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<v Speaker 1>by multi award winning investigative journalist Richard Baker, whose podcast

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<v Speaker 1>Phoebe's Fall for the Age, hosted with Michael Bachelard, worked

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<v Speaker 1>closely with Phoebe's family to try and figure out what

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<v Speaker 1>really happened to her. It's a case that has baffled

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<v Speaker 1>and angered the Australian public, and fourteen years later, many

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<v Speaker 1>of the questions asked by Phoebe's fall remain a miss.

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<v Speaker 1>Richard joins us. Now, Richard, how was Phoebe's body discovered

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<v Speaker 1>and what happened as police arrived on that scene.

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<v Speaker 3>Phoebe's body was found in the garbage refuse room of

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<v Speaker 3>this really fancy apartment building in Sint Kilda Road in

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<v Speaker 3>Melbourne around seven pm by the concierge or a cleaner

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<v Speaker 3>going about her work. She was just trying to put

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<v Speaker 3>a broom back or something and felt that there was

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<v Speaker 3>a weight against the door and had trouble opening it

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<v Speaker 3>and eventually got it open and they're lying in a

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<v Speaker 3>pool of blood. Was Phoebe And so what happened from there?

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<v Speaker 3>Obviously you know, police and emergency services were called and

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<v Speaker 3>pretty quickly the building started to fill up with police

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<v Speaker 3>and ambulance officers. Interestingly, the ambulance officers didn't go and

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<v Speaker 3>check for proof of life, which I found a bit troubling,

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<v Speaker 3>and I know that troubled members of Phoebe's family, but

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<v Speaker 3>the police had already made an assessment that she was well,

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<v Speaker 3>I'm truly gone, and then it was really about talking

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<v Speaker 3>to her de facto partner, Ant Hample and trying to

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<v Speaker 3>piece together her movements of that day.

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<v Speaker 1>How quickly did the police start talking about suicide.

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<v Speaker 3>Well, from what we know and from the coroner's inquest,

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<v Speaker 3>from the word go, that was in the backdrop of

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<v Speaker 3>all the conversations about what might have happened there, I know,

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<v Speaker 3>and had mentioned that she was mentally unwell at the

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<v Speaker 3>time in his opinion, and she was seeking some treatment

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<v Speaker 3>and care from the medical profession for her mental health.

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<v Speaker 3>And within two days the homicide squad had pretty much

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<v Speaker 3>written it off as a suicide, and that meant the

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<v Speaker 3>case then was bound for the coroner, and a detective

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<v Speaker 3>from the nearest police station, South Melbourne was assigned the

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<v Speaker 3>job of putting together the brief of evidence. It was

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<v Speaker 3>a really quick judgment called to make and something I've

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<v Speaker 3>never seen happen so quickly, and any other high profile

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<v Speaker 3>death in a suspicious circumstance involving you know, a young

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<v Speaker 3>woman or a woman in that de facto or intimate

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<v Speaker 3>partner setting let's.

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<v Speaker 1>Paint the picture of Phoebe's life at the time a bit.

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<v Speaker 1>She was, you know, twenty four living with her boyfriend

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<v Speaker 1>who you mentioned. Can you tell us a bit more

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<v Speaker 1>about the life she was living.

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<v Speaker 2>On the surface, it looked like a pretty good life.

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<v Speaker 3>I managed a vibrant twenty four year old, you know,

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<v Speaker 3>stunning looking young woman, big personality, from a loving family.

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<v Speaker 3>You know, her family and her friends would conceive a

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<v Speaker 3>bit of a wild child, loved a party, but could

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<v Speaker 3>also then get like many of us buyer's remorse after

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<v Speaker 3>too good a time.

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<v Speaker 2>And a bit like and a bit down. And yeah,

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<v Speaker 2>she mixed.

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<v Speaker 3>And through her boyfriend and his connections. He was quite

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<v Speaker 3>a bit older and from a very established Melbourne legal family,

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<v Speaker 3>and worked and it still works in the events and

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<v Speaker 3>entertainment space, going to a lot of parties, meeting a

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<v Speaker 3>lot of quite hip and happening on the move people.

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<v Speaker 3>So it was a pretty full long lifestyle. And yeah,

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<v Speaker 3>I think her family and friends would have said that

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<v Speaker 3>she did have her battles with alcohol and occasional drug

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<v Speaker 3>use and stuff like that, but you know, quite common

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<v Speaker 3>for people in their early to mid twenties to be

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<v Speaker 3>doing all that sort of stuff.

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<v Speaker 1>So what do we know about how her relationship was going.

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<v Speaker 1>You mentioned there was an age gap, it was quite

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<v Speaker 1>a big one, and was forty three she was twenty four,

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<v Speaker 1>and they had quite a few breakups in the kind

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<v Speaker 1>of time before she died. How was the final weeks

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<v Speaker 1>of their relationship volatile?

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<v Speaker 2>Very volatile?

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<v Speaker 3>There had been, according to Phoebe's mom and grandma, who

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<v Speaker 3>you know, she was very close to, kind of six

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<v Speaker 3>occasions where she had left him or walked out between

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<v Speaker 3>October and she was found dead in December. So it

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<v Speaker 3>wasn't in a it wasn't in a healthy, healthy state.

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<v Speaker 3>And I think that last week they'd had a massive

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<v Speaker 3>blue after a dinner at some of Ant's friends, and

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<v Speaker 3>he didn't like the way she behaved or some of

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<v Speaker 3>the things she said, and she had a couple of

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<v Speaker 3>glasses of wine, and I don't think he liked that

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<v Speaker 3>because of I guess he saw alcohol.

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<v Speaker 2>As as a problem in her life, but why.

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<v Speaker 3>Keep taking it her places then where it's kind of

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<v Speaker 3>in abundance. So that last week, I think the Monday

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<v Speaker 3>night of it, yeah, they had a massive row and

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<v Speaker 3>really things sort of started to spiral a bit from there.

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<v Speaker 1>During your investigations. You spent a lot of time with

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<v Speaker 1>the family and her friends, and you kind of tried

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<v Speaker 1>to unpick how the relationship changed. Phoebe and a lot

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<v Speaker 1>of her friends spoke about how she was a different

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<v Speaker 1>person really towards the end than the person they knew.

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<v Speaker 1>Can you talk to that.

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<v Speaker 3>Yeah, from their perspective and the way they saw her

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<v Speaker 3>and her change and behavioral change, it was almost like

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<v Speaker 3>she's trying to fulfill a role or acting, trying to

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<v Speaker 3>fit a mold that was being made or had been

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<v Speaker 3>made for her, and to really modify her behaviors to

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<v Speaker 3>take the edges off a bit.

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<v Speaker 2>But she seemed Yeah, I mean, they say that she

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<v Speaker 2>was a.

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<v Speaker 3>Person caught up in a relationship where there was a

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<v Speaker 3>lot of real or perceived coercive control going on.

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<v Speaker 1>Right. Did her family see any signs of her being suicidal?

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<v Speaker 2>No, No, not from what I know.

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<v Speaker 1>Because her dad is a psychiatrist, isn't he.

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<v Speaker 3>Yeah, And we've got to look at the time she

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<v Speaker 3>was found dead, her youngest brother was about to have

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<v Speaker 3>I think his eighteenth birthday that very weekend, and there

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<v Speaker 3>is no way she would have wanted to do anything

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<v Speaker 3>to upend or to ruin that occasion. So yeah, you know,

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<v Speaker 3>the mental health thing is obviously there, as it is

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<v Speaker 3>in for everyone who dies in a suspicious way. You've

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<v Speaker 3>got to take into account what's going on in their life.

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<v Speaker 3>But from where I sit, and for my knowledge of

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<v Speaker 3>this case, and you know, of the views of her

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<v Speaker 3>family and friends, and also the evidence it was presented

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<v Speaker 3>at the inquest, I think it was a really really

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<v Speaker 3>bad call by the cops to write that off in

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<v Speaker 3>two days. And yeah, I'll stand by that all these.

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<v Speaker 1>You later, Can we talk a bit more about Phoebe's

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<v Speaker 1>last week. You mentioned she'd had a blue with ant,

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<v Speaker 1>but there are a number of other kind of strange

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<v Speaker 1>things that happened. Yeah, there was a dinner and a

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<v Speaker 1>tomato soup text and bits and pieces.

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<v Speaker 3>Yeah, the last week, he's kind of you know, sometimes

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<v Speaker 3>real life is crazier than anything you can make up.

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<v Speaker 3>But there was an appointment with a doctor, you know,

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<v Speaker 3>talking about her mental state. Then another bender, another drinking

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<v Speaker 3>bender with a young friend of Phoebe's, where it was

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<v Speaker 3>a pretty late night and I think and you know,

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<v Speaker 3>she threw her phone to the ground in anger at

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<v Speaker 3>how many times he was calling her to find out

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<v Speaker 3>where she was and what she was doing. I think

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<v Speaker 3>she might have had an ecstasy pill or something, the

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<v Speaker 3>friend reported that night. And then you know she did

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<v Speaker 3>come home and was hungover and recovering. And you know,

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<v Speaker 3>not long after that, one day, a strange text was

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<v Speaker 3>sent to family members and ant and one or two

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<v Speaker 3>other people about her having tomato soup and going to

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<v Speaker 3>drift off into this wonderful sleep and sort of apologizing

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<v Speaker 3>about things and you know, merrily, merrily, life is better

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<v Speaker 3>dream And that was a really concerning thing, obviously for

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<v Speaker 3>family to see. And I think Natalie hands Juck, Phoebe's mom,

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<v Speaker 3>was on a plane and you know, when she landed

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<v Speaker 3>and got signal again that came up, and she rang

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<v Speaker 3>her mum, you know, Jeanette, Phoebe's grandmother, to try and

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<v Speaker 3>check out what was going on. You could read many,

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<v Speaker 3>many things into that text message and perhaps still never

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<v Speaker 3>know what the intent was or indeed who the author was.

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<v Speaker 1>When was that text message sent?

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<v Speaker 3>That was on the Thursday morning, so the day before

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<v Speaker 3>or Phoebe died.

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<v Speaker 1>What about her movements on the day she died. We

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<v Speaker 1>know she headed out in the morning with her dog.

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<v Speaker 1>She's captured on CCTV camera.

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<v Speaker 3>Then what we don't know. There's a space of hours

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<v Speaker 3>that no one's got any insight into. What we do

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<v Speaker 3>know that Phoebe was captured on CCTV in the lobby

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<v Speaker 3>of the apartment building with the little dog, and in

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<v Speaker 3>the apartment that she shared with that he reported sort

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<v Speaker 3>of seeing a little shrine when he came back in there.

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<v Speaker 3>Her hair straighteners had been plugged in. Get her handbag

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<v Speaker 3>on the bench and a phone charger with it. Now,

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<v Speaker 3>those things, knowing from my wife and now seventeen year

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<v Speaker 3>old daughter, they're pretty normal indications that that a girl

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<v Speaker 3>or a woman is heading out somewhere if you've got

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<v Speaker 3>those kind of implements on or on the bench ready

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<v Speaker 3>to take with you. And obviously she didn't, the best

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<v Speaker 3>of our knowledge, go out anywhere. And the other things

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<v Speaker 3>that the police discovered was that Phoebe's Gmail had been

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<v Speaker 3>accessed and messages deleted from her email account, and no

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<v Speaker 3>one really knows what that's about or why either, So

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<v Speaker 3>they're enduring mysteries. And because the police had made that

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<v Speaker 3>quick assumption that this was either a suicide or a

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<v Speaker 3>accidental death, it meant Victoria police couldn't get American authorities,

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<v Speaker 3>so where Google's headquartered, to go in and try and

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<v Speaker 3>download or extract the deleted data to find out what

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<v Speaker 3>went on, because under the legal cooperation treaties between the

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<v Speaker 3>two countries to get them to do that, there has

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<v Speaker 3>to be suspicion or strong evidence of a homicide.

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<v Speaker 1>Just another kind of mystery, isn't it.

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<v Speaker 3>Yeah, another door that couldn't be opened. Now, it maybe

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<v Speaker 3>be a coincidence or something there. But you know, this

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<v Speaker 3>is the after effects, I guess, or the fallout of

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<v Speaker 3>rushing to a conclusion rather than keeping an open mind

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<v Speaker 3>and maybe just gathering all the evidence you can in

0:14:30.422 --> 0:14:32.702
<v Speaker 3>the first place and then make an assessment of what

0:14:32.942 --> 0:14:35.502
<v Speaker 3>is the most likely thing to have happened, whether it

0:14:35.542 --> 0:14:40.462
<v Speaker 3>be a suspicious death or foul play, or a suicide

0:14:40.582 --> 0:14:41.342
<v Speaker 3>or an accident.

0:14:42.102 --> 0:14:44.702
<v Speaker 1>We know that the concierge found Phoebe at about seven.

0:14:45.182 --> 0:14:47.222
<v Speaker 1>What were ants movements that night?

0:14:48.022 --> 0:14:53.222
<v Speaker 3>So his phone records and he's swipe card to enter

0:14:53.622 --> 0:14:57.662
<v Speaker 3>the building show him getting home around ten past six,

0:14:58.542 --> 0:15:01.862
<v Speaker 3>and he says Phoebe wasn't there, and that there was

0:15:02.102 --> 0:15:04.662
<v Speaker 3>like a candle burning and a photo of them or something,

0:15:04.742 --> 0:15:08.582
<v Speaker 3>and some smashed glass and a ripped cushion or something

0:15:08.662 --> 0:15:10.702
<v Speaker 3>like that, so it's a bit of an odd And

0:15:11.142 --> 0:15:13.062
<v Speaker 3>also later it was, you know, it was found out

0:15:13.102 --> 0:15:13.782
<v Speaker 3>that there was some.

0:15:13.662 --> 0:15:15.022
<v Speaker 2>Blood in the apartment.

0:15:15.102 --> 0:15:17.662
<v Speaker 3>Now they were meant to be going out for dinner

0:15:18.062 --> 0:15:21.062
<v Speaker 3>that night with Phoebe's dad, and there was a weird

0:15:21.142 --> 0:15:25.382
<v Speaker 3>phone call to or from their apartment number registered to

0:15:25.422 --> 0:15:29.662
<v Speaker 3>a Western Australian number, and when they checked that number,

0:15:29.822 --> 0:15:34.782
<v Speaker 3>it was wa solar like a solar panel thing that

0:15:34.942 --> 0:15:38.502
<v Speaker 3>nobody knows what the hell that was about, and I

0:15:38.502 --> 0:15:41.382
<v Speaker 3>don't think ant has any recollection.

0:15:40.982 --> 0:15:43.542
<v Speaker 2>Or any idea of what that is.

0:15:44.062 --> 0:15:48.822
<v Speaker 3>What happened next was one of Phoebe's phones rang, and

0:15:48.902 --> 0:15:50.862
<v Speaker 3>I don't know whether the aunt had possession of it

0:15:50.982 --> 0:15:53.342
<v Speaker 3>or not, but it was it was Phoebe's dad and

0:15:53.382 --> 0:15:57.302
<v Speaker 3>he was ringing to confirm dinner or to say that

0:15:57.342 --> 0:16:00.062
<v Speaker 3>where are you, you know, because they haven't rocked up yet.

0:16:00.342 --> 0:16:04.622
<v Speaker 3>And then about sixty seconds later and happened to call

0:16:05.182 --> 0:16:08.502
<v Speaker 3>Phoebe's father back to say, oh, I don't know where

0:16:08.502 --> 0:16:11.982
<v Speaker 3>Phoebe is now, I think, and said that he didn't

0:16:12.022 --> 0:16:14.462
<v Speaker 3>realize that was a coincidence. He didn't know that Phoebe's

0:16:14.542 --> 0:16:17.862
<v Speaker 3>dad had just called sixty seconds earlier looking for her,

0:16:18.702 --> 0:16:21.462
<v Speaker 3>and then as it got closer to seven, I think

0:16:21.542 --> 0:16:27.302
<v Speaker 3>An ordered some takeaway. He assumed that dinners off and

0:16:27.342 --> 0:16:31.022
<v Speaker 3>that maybe Phoebe's dad probably wasn't that keen on just

0:16:31.022 --> 0:16:32.342
<v Speaker 3>having dinner with him on his own.

0:16:32.782 --> 0:16:36.542
<v Speaker 1>Those other kind of bits and pieces you mentioned broken glass,

0:16:36.542 --> 0:16:40.862
<v Speaker 1>a ripped pillow, and blood, were they ever investigated by

0:16:40.902 --> 0:16:42.902
<v Speaker 1>police or locked down as a crime scene.

0:16:43.102 --> 0:16:47.102
<v Speaker 3>The place was eventually locked down for one of a

0:16:47.102 --> 0:16:50.542
<v Speaker 3>better word, or taped off as a crime scene, but

0:16:50.582 --> 0:16:52.262
<v Speaker 3>not till much later in the evening.

0:16:52.382 --> 0:16:53.822
<v Speaker 2>When it's one thing I've always found a.

0:16:53.742 --> 0:16:59.342
<v Speaker 3>Bit unusual, and when that happened, and already had family members,

0:16:59.622 --> 0:17:03.102
<v Speaker 3>including his father, I believe his late father, Supreme Court

0:17:03.222 --> 0:17:07.982
<v Speaker 3>Judge George Hampel, up in the apartment, and I don't

0:17:07.982 --> 0:17:10.382
<v Speaker 3>know what they were doing there, I guess supporting him.

0:17:10.862 --> 0:17:12.902
<v Speaker 2>But again, when you think about how these.

0:17:12.782 --> 0:17:16.062
<v Speaker 3>Things are normally done, I would have thought normal procedure

0:17:16.062 --> 0:17:18.942
<v Speaker 3>would have been to lock down that place, get everyone out,

0:17:19.062 --> 0:17:23.462
<v Speaker 3>preserve the evidence, collect every sample of blood and DNA

0:17:24.062 --> 0:17:27.382
<v Speaker 3>possible in there, and the fragments of glass and the

0:17:27.422 --> 0:17:31.182
<v Speaker 3>computers and anything that might lead to some clues or

0:17:31.422 --> 0:17:36.142
<v Speaker 3>some certainty about what happened, And yeah, the adequacy of

0:17:36.422 --> 0:17:40.062
<v Speaker 3>the steps that were taken that night by police, it

0:17:40.142 --> 0:17:43.382
<v Speaker 3>wasn't good enough. It was inadequate, and they missed testing

0:17:43.462 --> 0:17:46.102
<v Speaker 3>some samples of blood. And to me, wouldn't that be

0:17:46.142 --> 0:17:48.102
<v Speaker 3>a sign of perhaps there's been a struggle.

0:17:48.502 --> 0:17:49.502
<v Speaker 2>Why wouldn't you? You know?

0:17:49.582 --> 0:17:53.102
<v Speaker 3>Also, okay, there were three glasses in the sink, and

0:17:53.142 --> 0:17:55.742
<v Speaker 3>who's been home all day? Why are there three glasses?

0:17:55.942 --> 0:17:58.982
<v Speaker 2>You know? What was in the glasses? Was there? An alcohol?

0:17:59.142 --> 0:17:59.382
<v Speaker 2>Was there?

0:17:59.422 --> 0:17:59.502
<v Speaker 3>This?

0:17:59.742 --> 0:18:01.622
<v Speaker 2>Was there? That not done?

0:18:02.102 --> 0:18:05.862
<v Speaker 3>And the other big failing of that night in terms

0:18:05.902 --> 0:18:08.942
<v Speaker 3>of an investigatory sort of thing, was to actually access

0:18:09.022 --> 0:18:12.982
<v Speaker 3>and seize the CCTV from the apartment building.

0:18:13.262 --> 0:18:17.142
<v Speaker 1>So they didn't do that. No, isn't that basic policing.

0:18:17.182 --> 0:18:19.582
<v Speaker 1>I'm not a police officer putting my hands up, but

0:18:19.742 --> 0:18:20.422
<v Speaker 1>that feels like.

0:18:20.462 --> 0:18:24.462
<v Speaker 3>Sort of on every episode of CSA like that. I mean, it's, yeah,

0:18:24.902 --> 0:18:28.222
<v Speaker 3>I don't know why you wouldn't you wouldn't do that there?

0:18:28.262 --> 0:18:32.342
<v Speaker 3>And then yeah, I know I've always thought, this is

0:18:32.382 --> 0:18:36.462
<v Speaker 3>my own personal opinion here that Phoebe's family were and

0:18:36.582 --> 0:18:39.182
<v Speaker 3>remain owed an apology by Victoria police.

0:18:39.942 --> 0:18:43.022
<v Speaker 1>Was there an issue with getting that CCTV after the fact.

0:18:43.062 --> 0:18:45.422
<v Speaker 1>Could they not get it later when they.

0:18:45.302 --> 0:18:49.182
<v Speaker 3>Went back to get it. I think it had overwritten

0:18:49.222 --> 0:18:52.462
<v Speaker 3>itself or filmed. It was on a loop so it

0:18:52.542 --> 0:18:57.142
<v Speaker 3>was hard to access. And then the building manager, when

0:18:57.182 --> 0:18:59.942
<v Speaker 3>I went to interview him a few years later, mentioned

0:19:00.222 --> 0:19:03.382
<v Speaker 3>a hard drive. This is when Detective Pain who was

0:19:03.422 --> 0:19:06.342
<v Speaker 3>doing the coroner's investigation. I wanted to see if there

0:19:06.382 --> 0:19:10.702
<v Speaker 3>was something on a hard drive that they eventually found

0:19:11.302 --> 0:19:14.022
<v Speaker 3>what looked like the right or relevant hard drive, and

0:19:14.062 --> 0:19:15.942
<v Speaker 3>then that missing from the building.

0:19:16.302 --> 0:19:19.422
<v Speaker 1>What about witness statements or you know, a statement from ant.

0:19:19.582 --> 0:19:20.942
<v Speaker 1>Was that something that happened that night?

0:19:21.542 --> 0:19:25.342
<v Speaker 3>Yeah, he did give a statement, and I think in

0:19:25.382 --> 0:19:28.662
<v Speaker 3>it he mentioned that she was troubled and having battles

0:19:28.702 --> 0:19:31.822
<v Speaker 3>with mental health and poor girl, and you know.

0:19:31.782 --> 0:19:32.462
<v Speaker 2>Things like that.

0:19:32.662 --> 0:19:36.942
<v Speaker 3>And then one of the officers on the scene observed

0:19:36.942 --> 0:19:42.262
<v Speaker 3>in his notebook that was, in his opinion, acting strangely

0:19:43.142 --> 0:19:46.382
<v Speaker 3>and almost sort of putting on the crocodile tears and

0:19:47.022 --> 0:19:52.262
<v Speaker 3>emotion and behaving unusually. But that said, people do cope

0:19:52.262 --> 0:19:56.102
<v Speaker 3>with grief and shock in different ways. And you know,

0:19:56.382 --> 0:19:59.022
<v Speaker 3>I don't think any of the other police remarked one

0:19:59.022 --> 0:20:03.582
<v Speaker 3>way or another on his behavior. And then when Detective

0:20:03.902 --> 0:20:07.062
<v Speaker 3>Pain so that the South Melbourne detective he was given

0:20:07.102 --> 0:20:09.982
<v Speaker 3>the job of forming the brief of evidence for the

0:20:10.062 --> 0:20:16.142
<v Speaker 3>Corona inquest, he wanted to reinterview in January, so you know,

0:20:16.182 --> 0:20:20.222
<v Speaker 3>maybe four or five weeks after Phoebe had died, and

0:20:20.542 --> 0:20:24.542
<v Speaker 3>he wasn't being interviewed under caution or anything. But Ant's father,

0:20:24.742 --> 0:20:28.422
<v Speaker 3>the retired Supreme Court judge, wouldn't leave his sight. And

0:20:28.462 --> 0:20:32.662
<v Speaker 3>even when Detective Pain said, I'd rather talk to him alone. Again,

0:20:32.662 --> 0:20:34.622
<v Speaker 3>we're talking about a forty three year old man here,

0:20:35.182 --> 0:20:36.862
<v Speaker 3>he said, no, my son's grieving.

0:20:36.902 --> 0:20:37.982
<v Speaker 2>I don't want to leave him.

0:20:38.022 --> 0:20:40.022
<v Speaker 1>But I guess that's an important point to make that

0:20:40.102 --> 0:20:43.942
<v Speaker 1>his dad was very high up in the legal system

0:20:43.982 --> 0:20:46.302
<v Speaker 1>in Victoria, which is not a bad thing. It just

0:20:46.382 --> 0:20:51.542
<v Speaker 1>means that this family knows court. They know legalities they do.

0:20:51.662 --> 0:20:55.342
<v Speaker 3>Yeah, they know the law and they know how things

0:20:55.422 --> 0:20:59.342
<v Speaker 3>work and they know the I guess just by virtue

0:20:59.382 --> 0:21:03.622
<v Speaker 3>of the position to Ant's stepmother was a sitting county

0:21:03.622 --> 0:21:06.142
<v Speaker 3>court judge, so that's the equivalent of the district court

0:21:06.462 --> 0:21:09.982
<v Speaker 3>in New South Wales also, so yeah, they know, they

0:21:10.022 --> 0:21:11.942
<v Speaker 3>know the l all they know, you know, how things

0:21:11.982 --> 0:21:15.262
<v Speaker 3>can be pushed how police procedure works, all of those

0:21:15.342 --> 0:21:17.502
<v Speaker 3>kinds of things. And that's not a criticism of them,

0:21:17.502 --> 0:21:20.702
<v Speaker 3>it's just a fact of their experience and the profession

0:21:20.942 --> 0:21:25.142
<v Speaker 3>that they have. But I guess it's human nature. People often,

0:21:25.742 --> 0:21:29.502
<v Speaker 3>rightly or wrongly, tread a bit lightly around powerful people.

0:21:29.822 --> 0:21:31.542
<v Speaker 3>And you know, you've got to wonder whether or not

0:21:31.782 --> 0:21:35.142
<v Speaker 3>that happened here, because the point of doing this podcast

0:21:35.342 --> 0:21:38.262
<v Speaker 3>was to actually put the justice system on display and

0:21:38.382 --> 0:21:42.822
<v Speaker 3>ask the question did it give Phoebe a fair go?

0:21:43.742 --> 0:21:45.102
<v Speaker 2>And I think it.

0:21:45.022 --> 0:21:48.102
<v Speaker 1>Failed well, as you were mentioning before. Within a few days,

0:21:48.182 --> 0:21:51.222
<v Speaker 1>so by the seventh of December, homicide detectives had determined

0:21:51.342 --> 0:21:53.822
<v Speaker 1>that there was no second party involved in Phoebe's death,

0:21:54.422 --> 0:21:57.662
<v Speaker 1>that she entered the shoot voluntarily. How did her family

0:21:57.702 --> 0:21:58.462
<v Speaker 1>react to that.

0:21:58.822 --> 0:22:01.342
<v Speaker 3>I think, you know, they would feel under a bit

0:22:01.382 --> 0:22:06.822
<v Speaker 3>of a tidal wave of emotion and question and trying

0:22:06.862 --> 0:22:09.742
<v Speaker 3>to make sense of it all. But I think they

0:22:09.782 --> 0:22:12.902
<v Speaker 3>were really going to back with the speed which that

0:22:13.142 --> 0:22:17.342
<v Speaker 3>conclusion was reached. And I mean, we look at other examples,

0:22:17.382 --> 0:22:22.422
<v Speaker 3>other prominent cases where women, wives or girlfriends have been

0:22:22.542 --> 0:22:26.942
<v Speaker 3>found dead in suspicious circumstances. So you know, I'm talking

0:22:26.982 --> 0:22:30.422
<v Speaker 3>about the Jill Mark case. Also, you know in Inner

0:22:30.462 --> 0:22:34.822
<v Speaker 3>Melbourne a few years after Phoebe, the early stages of

0:22:34.862 --> 0:22:38.382
<v Speaker 3>those investigations put a bit of media and public heat

0:22:38.742 --> 0:22:46.902
<v Speaker 3>on the husbands and talking to experienced detectives after Phoebe's case,

0:22:46.982 --> 0:22:49.222
<v Speaker 3>they thought that was really odd that this is a

0:22:49.262 --> 0:22:55.902
<v Speaker 3>strange situation. This is a domestic de facto relationship here.

0:22:56.142 --> 0:23:00.382
<v Speaker 3>There is evidence of blood and other things in that

0:23:00.622 --> 0:23:05.222
<v Speaker 3>apartment and was home when Phoebe's body was found. So

0:23:05.662 --> 0:23:08.942
<v Speaker 3>it's again not saying that he was guilty, but why

0:23:09.302 --> 0:23:13.742
<v Speaker 3>wasn't the same standard procedures and processes followed here.

0:23:14.382 --> 0:23:17.182
<v Speaker 1>When did you become involved in this story? It was

0:23:17.222 --> 0:23:19.902
<v Speaker 1>around about now, wasn't it that the family kind of

0:23:19.982 --> 0:23:23.102
<v Speaker 1>contacted you. They were quite frustrated with everything that was happening,

0:23:23.142 --> 0:23:27.062
<v Speaker 1>particularly Phoebe's grandfather, who himself was a retired detective.

0:23:27.302 --> 0:23:32.582
<v Speaker 3>Yeah, so Lawn Campbell, Phoebe's maternal grandfather. It was a

0:23:32.702 --> 0:23:37.862
<v Speaker 3>very experienced Victoria police officer and detective. And he reached

0:23:37.902 --> 0:23:42.262
<v Speaker 3>out to myself and my then colleague and still great mate,

0:23:42.462 --> 0:23:46.182
<v Speaker 3>Nick McKenzie at the age and what he was reaching

0:23:46.182 --> 0:23:49.742
<v Speaker 3>out for was it looked like at that point in time,

0:23:49.862 --> 0:23:52.342
<v Speaker 3>that there was not going to be any inquest by

0:23:52.382 --> 0:23:55.422
<v Speaker 3>the coroner into Phoebe's death, that it was going to

0:23:55.422 --> 0:23:57.622
<v Speaker 3>be written off either as.

0:23:57.542 --> 0:24:00.462
<v Speaker 2>An accident or suicide, with no questions.

0:23:59.982 --> 0:24:06.742
<v Speaker 3>Asked, and Hamble's lawyer had approached the coroner's court saying

0:24:06.782 --> 0:24:11.582
<v Speaker 3>that an inquest was not needed, and that struck me immediately,

0:24:11.702 --> 0:24:13.702
<v Speaker 3>is really weird, and I've.

0:24:13.582 --> 0:24:14.302
<v Speaker 2>Just gone hang on.

0:24:14.902 --> 0:24:16.662
<v Speaker 3>I did a be quick search to find out if

0:24:16.702 --> 0:24:18.862
<v Speaker 3>anyone else in Australia has been found dead at the

0:24:18.862 --> 0:24:23.422
<v Speaker 3>bottom of a garbage chute and found no. Plus you're

0:24:23.462 --> 0:24:26.422
<v Speaker 3>adding all the other stuff that went on in Phoebe's

0:24:26.462 --> 0:24:30.862
<v Speaker 3>last week, and the suspicious kind of scene.

0:24:30.742 --> 0:24:32.582
<v Speaker 2>In the apartment, and the fact that there was.

0:24:32.582 --> 0:24:36.502
<v Speaker 3>No fingerprints on the garbage chute, and the diffiguity of

0:24:36.542 --> 0:24:41.182
<v Speaker 3>getting yourself in there with no external assistance. Of all

0:24:41.222 --> 0:24:43.582
<v Speaker 3>the things that you might want to have an inquest

0:24:43.622 --> 0:24:46.462
<v Speaker 3>into this would be one. Why would a Krona not

0:24:46.622 --> 0:24:49.502
<v Speaker 3>want to do this? And if you are a grieving

0:24:49.942 --> 0:24:53.582
<v Speaker 3>partner of someone who's died in such a bizarre way,

0:24:53.702 --> 0:24:55.182
<v Speaker 3>wouldn't you want to find out why?

0:24:55.262 --> 0:24:57.302
<v Speaker 2>And what happened so instantly for me?

0:24:57.662 --> 0:25:01.182
<v Speaker 3>And I remember Nick was gone, This doesn't feel right,

0:25:01.262 --> 0:25:04.622
<v Speaker 3>This doesn't smell right, it's not right. And we wrote

0:25:04.822 --> 0:25:11.502
<v Speaker 3>quite an extensive feature article detailing all the marks still

0:25:11.702 --> 0:25:15.942
<v Speaker 3>around Phoebe's death, and yeah, putting some pressure on for

0:25:15.982 --> 0:25:18.342
<v Speaker 3>an inquest, that the right thing happened, that there be

0:25:18.422 --> 0:25:22.582
<v Speaker 3>an open and public inquest with witnesses called and the

0:25:22.622 --> 0:25:24.902
<v Speaker 3>facts as the best they could be established, put on

0:25:24.902 --> 0:25:25.342
<v Speaker 3>the table.

0:25:25.782 --> 0:25:28.982
<v Speaker 1>Do you think that without that media pressure the inquest

0:25:29.102 --> 0:25:29.822
<v Speaker 1>might not have happened.

0:25:30.222 --> 0:25:31.342
<v Speaker 2>Yeah, I don't think it would have.

0:25:31.702 --> 0:25:33.662
<v Speaker 1>Doesn't that make it a bit of a ticker box.

0:25:33.982 --> 0:25:34.782
<v Speaker 2>Yeah, it does.

0:25:34.942 --> 0:25:39.542
<v Speaker 3>Yeah, it's astounding, but I don't think it would have

0:25:39.582 --> 0:25:40.022
<v Speaker 3>gone ahead.

0:25:40.022 --> 0:25:41.662
<v Speaker 2>I think it would have been written off. And in

0:25:41.782 --> 0:25:42.902
<v Speaker 2>Victoria at the time.

0:25:42.742 --> 0:25:46.982
<v Speaker 3>It was basically impossible to appeal a coroner's finding or

0:25:47.022 --> 0:25:48.822
<v Speaker 3>the way the coroner was doing something.

0:25:49.222 --> 0:25:51.742
<v Speaker 1>So once a coroner gives a finding, that's it.

0:25:52.622 --> 0:25:54.982
<v Speaker 2>At the time time, Yeah, and it's still quite hard.

0:25:55.062 --> 0:25:58.302
<v Speaker 3>But you know, one of the I guess silver linings

0:25:58.302 --> 0:26:01.822
<v Speaker 3>of highlighting Phoebe's case and the way the justice system

0:26:01.862 --> 0:26:05.262
<v Speaker 3>performed or didn't perform, was that some amendments were made

0:26:05.342 --> 0:26:09.382
<v Speaker 3>to the Coroner's Act that does open up more avenues

0:26:09.462 --> 0:26:15.182
<v Speaker 3>for families to appeal questionable decisions or findings by a coroner.

0:26:18.102 --> 0:26:21.942
<v Speaker 1>You're listening to true Crime Conversations with me Jemma Bass.

0:26:22.262 --> 0:26:25.742
<v Speaker 1>I'm speaking with journalists and podcaster Richard Baker about the

0:26:25.782 --> 0:26:29.222
<v Speaker 1>death of Phoebe Hands jock up. Next, Richard tells us

0:26:29.262 --> 0:26:36.102
<v Speaker 1>what the coroner found happened to Phoebe. I want to

0:26:36.142 --> 0:26:39.222
<v Speaker 1>unpack a lot of the evidence from the inquest, but firstly,

0:26:39.262 --> 0:26:42.062
<v Speaker 1>let's jump to the end. What did the inquest find.

0:26:42.702 --> 0:26:47.822
<v Speaker 3>The inquest found that Phoebe was under the influence of

0:26:48.502 --> 0:26:53.742
<v Speaker 3>alcohol and a prescription drug sold here as steel knocks.

0:26:53.822 --> 0:26:56.502
<v Speaker 3>In the States, it's called ambient. It can make people

0:26:56.542 --> 0:27:01.942
<v Speaker 3>do some strange things. And the coroner said that Phoebe

0:27:02.542 --> 0:27:07.582
<v Speaker 3>took herself to the garbage chute, got herself in feet first,

0:27:08.182 --> 0:27:12.822
<v Speaker 3>and then shimmied down and went down, you know, eleven

0:27:12.942 --> 0:27:20.262
<v Speaker 3>or so stories. He said that she put her elbows

0:27:20.582 --> 0:27:24.462
<v Speaker 3>to the edge of the aluminum shoot to kind of

0:27:24.902 --> 0:27:30.022
<v Speaker 3>slow her descent. But I know that the forensic pathologist

0:27:30.102 --> 0:27:33.462
<v Speaker 3>who examined her body and all of that under questioning,

0:27:33.982 --> 0:27:35.982
<v Speaker 3>said he couldn't say that that had happened, and that

0:27:36.062 --> 0:27:39.142
<v Speaker 3>there was no debris on her arms or anything like that.

0:27:39.222 --> 0:27:42.262
<v Speaker 3>And the other difficult thing to think about is that

0:27:42.302 --> 0:27:44.942
<v Speaker 3>when Phoebe was found, she was found with her jeans

0:27:45.342 --> 0:27:48.582
<v Speaker 3>around her knees. So going down, I don't know how

0:27:48.622 --> 0:27:50.742
<v Speaker 3>that might happen. You're more likely to have your pants

0:27:50.862 --> 0:27:53.462
<v Speaker 3>sort of pull up as you're going down rise up.

0:27:54.102 --> 0:27:56.782
<v Speaker 3>But also if they were down before she hopped in

0:27:56.822 --> 0:27:58.102
<v Speaker 3>the chute, how did she get in.

0:27:58.342 --> 0:28:01.942
<v Speaker 1>Because this shoot is I'm using my hands to kind

0:28:01.982 --> 0:28:06.222
<v Speaker 1>of show, but it's about twenty two centimeters that's the gap.

0:28:06.542 --> 0:28:09.822
<v Speaker 2>It's tiny. It's literally like a plastic bag of rubbish.

0:28:10.982 --> 0:28:13.742
<v Speaker 2>So it's not easy. It's not impossible to get into

0:28:13.822 --> 0:28:14.342
<v Speaker 2>on your own.

0:28:14.382 --> 0:28:16.862
<v Speaker 3>But like you've got to be now, Phoebe was fit

0:28:16.902 --> 0:28:20.382
<v Speaker 3>and athletic, but also she's under the influence of stuff.

0:28:20.422 --> 0:28:23.782
<v Speaker 3>You'd have to say a judgment and find motor skills

0:28:23.782 --> 0:28:26.902
<v Speaker 3>could have been impaired. It's really difficult to get into

0:28:27.222 --> 0:28:29.582
<v Speaker 3>on your own and to not leave a fingerprint. I

0:28:29.582 --> 0:28:32.102
<v Speaker 3>don't know how you would manage that. So you know,

0:28:32.142 --> 0:28:34.822
<v Speaker 3>the finding was that she died by a tragic case

0:28:34.862 --> 0:28:37.462
<v Speaker 3>of misadventure, and the cause of death was when she

0:28:37.662 --> 0:28:41.022
<v Speaker 3>got to the bottom, she got caught by a compactor

0:28:41.022 --> 0:28:44.462
<v Speaker 3>blade and it severed. Nellie severed her ankle and she

0:28:44.662 --> 0:28:45.582
<v Speaker 3>lost a lot of blood.

0:28:45.982 --> 0:28:49.262
<v Speaker 1>So rather than suicide, which is what the police found,

0:28:49.502 --> 0:28:52.982
<v Speaker 1>the coroner found that it was accidental death or misadventure.

0:28:53.382 --> 0:28:54.142
<v Speaker 2>Yeah, he did.

0:28:54.542 --> 0:28:58.502
<v Speaker 3>And what was kind of stood out about that was

0:28:59.142 --> 0:29:03.062
<v Speaker 3>he went against the advice or the submissions of counsel assisting.

0:29:03.182 --> 0:29:07.742
<v Speaker 3>So that's a senior barrister that's appointed by the court

0:29:08.102 --> 0:29:12.862
<v Speaker 3>to basically lead the in Now, the coroner is of

0:29:12.902 --> 0:29:17.342
<v Speaker 3>an independent mind, but the inquest is run by the

0:29:17.542 --> 0:29:20.822
<v Speaker 3>counsel assisting the coroner, this senior barrister, and in this

0:29:20.942 --> 0:29:25.222
<v Speaker 3>case the barrister deborahs amendsma in hearst. The missions had

0:29:25.342 --> 0:29:29.702
<v Speaker 3>submitted that only an open finding be made. And what

0:29:29.782 --> 0:29:34.142
<v Speaker 3>an open finding is is that the evidence you couldn't

0:29:34.262 --> 0:29:37.902
<v Speaker 3>rule in or rule out foul play or the involvement

0:29:37.942 --> 0:29:41.702
<v Speaker 3>of other parties. You couldn't rule in or rule out suicide,

0:29:42.102 --> 0:29:45.542
<v Speaker 3>and you couldn't rule in or rule out death by

0:29:45.582 --> 0:29:50.422
<v Speaker 3>misadventure or an accident. And that to me was the

0:29:50.502 --> 0:29:53.902
<v Speaker 3>right finding on the evidence there. And that's all Phoebe's

0:29:53.902 --> 0:29:56.622
<v Speaker 3>family I've ever said as well. They don't think that

0:29:56.782 --> 0:30:01.182
<v Speaker 3>evidence is there to convict anyone for it because they

0:30:01.222 --> 0:30:05.742
<v Speaker 3>don't know whether that's for sure what happened. But why again,

0:30:05.822 --> 0:30:08.702
<v Speaker 3>would you have to you know, I find it odd

0:30:08.702 --> 0:30:11.142
<v Speaker 3>that you have to kind of stitch together a narrative

0:30:11.302 --> 0:30:15.462
<v Speaker 3>that's not supported in some cases by the evidence at

0:30:15.462 --> 0:30:19.782
<v Speaker 3>your inquest when you had a perfectly reasonable finding to make,

0:30:19.822 --> 0:30:20.862
<v Speaker 3>which is open.

0:30:21.142 --> 0:30:23.982
<v Speaker 1>And to be clear, if an open finding is what

0:30:24.022 --> 0:30:26.182
<v Speaker 1>the coroner was to rule, would that have left the

0:30:26.262 --> 0:30:30.462
<v Speaker 1>door open to potentially look down a murder investigation if

0:30:30.462 --> 0:30:32.462
<v Speaker 1>more evidence was to come out, it kind of leaves

0:30:32.502 --> 0:30:33.302
<v Speaker 1>the door open.

0:30:33.862 --> 0:30:37.502
<v Speaker 3>Yeah, it's easier for the court, you know, to act

0:30:37.582 --> 0:30:42.022
<v Speaker 3>on new and fresh information. So, you know, because of

0:30:42.062 --> 0:30:44.942
<v Speaker 3>finding has been reached, it doesn't mean you know, and

0:30:44.982 --> 0:30:48.622
<v Speaker 3>if it's really good information that changes things out, would

0:30:48.662 --> 0:30:51.022
<v Speaker 3>then take it back under the umbrella of the police

0:30:51.342 --> 0:30:54.942
<v Speaker 3>to go and investigate that. So just because these findings made,

0:30:54.942 --> 0:30:59.342
<v Speaker 3>it doesn't mean police are forbidden from acting on fresh evidence,

0:31:00.102 --> 0:31:02.782
<v Speaker 3>and neither is the court. But it just is another

0:31:03.142 --> 0:31:05.982
<v Speaker 3>a blockage. I guess it makes it that bit harder

0:31:06.022 --> 0:31:07.902
<v Speaker 3>for the court or for the family or for new

0:31:07.902 --> 0:31:10.622
<v Speaker 3>people to present new evidence to the court to get

0:31:10.662 --> 0:31:14.622
<v Speaker 3>that finding overturned and perhaps made into an open finding,

0:31:14.862 --> 0:31:19.302
<v Speaker 3>because then you have to really go about undoing the

0:31:19.342 --> 0:31:22.382
<v Speaker 3>finding that's already there to then be able to add

0:31:22.942 --> 0:31:24.982
<v Speaker 3>the new information to the mix.

0:31:26.062 --> 0:31:28.782
<v Speaker 1>We've already talked about some of the weird clues. The

0:31:28.782 --> 0:31:31.582
<v Speaker 1>one that sticks out to me is the no fingerprints

0:31:31.582 --> 0:31:34.382
<v Speaker 1>on the shoote. I've watched a young girl who is

0:31:34.422 --> 0:31:37.182
<v Speaker 1>the same kind of heightened build as Phoebe try and

0:31:37.222 --> 0:31:40.542
<v Speaker 1>get into that rubbish shoot and I just don't see

0:31:40.582 --> 0:31:42.542
<v Speaker 1>how you would do it by yourself and not put

0:31:42.582 --> 0:31:47.302
<v Speaker 1>fingerprints the pants around the ankles, as we've mentioned. But

0:31:47.382 --> 0:31:50.862
<v Speaker 1>then another kind of clue that came up in the

0:31:50.862 --> 0:31:53.262
<v Speaker 1>inquest was bruising. Can you talk us through that?

0:31:53.782 --> 0:31:58.102
<v Speaker 3>Yeah, So Detective Pain was having a look at some

0:31:58.182 --> 0:32:03.062
<v Speaker 3>of the medical examination photos of Phoebe's body and had

0:32:03.102 --> 0:32:07.262
<v Speaker 3>picked up on some bruising around her arms and also

0:32:07.582 --> 0:32:11.182
<v Speaker 3>on the side of her of her face, and he

0:32:11.342 --> 0:32:15.942
<v Speaker 3>asked for the pathologist to take another look, and he

0:32:15.982 --> 0:32:18.542
<v Speaker 3>came back and said, yeah, there is some bruising to

0:32:19.182 --> 0:32:21.862
<v Speaker 3>I think the jaw or the side of one of

0:32:22.142 --> 0:32:25.782
<v Speaker 3>the side of Phoebe's face, But also then some bruising

0:32:25.862 --> 0:32:29.662
<v Speaker 3>marks around her arms that he said could be consistent

0:32:29.742 --> 0:32:35.222
<v Speaker 3>with grip marks. So like being forcefully held and that

0:32:35.622 --> 0:32:39.382
<v Speaker 3>you know, again that was overlooked initially, like no one

0:32:39.382 --> 0:32:42.702
<v Speaker 3>had picked up on that, and it wasn't until Detective

0:32:42.742 --> 0:32:45.182
<v Speaker 3>Pain was at the doing the brief for the coroner

0:32:45.822 --> 0:32:51.142
<v Speaker 3>that this understanding of bruising to her made it into

0:32:51.222 --> 0:32:51.942
<v Speaker 3>all the evidence.

0:33:02.942 --> 0:33:04.502
<v Speaker 1>I want to talk a little bit more about the

0:33:04.582 --> 0:33:08.742
<v Speaker 1>days and weeks after Phoebe died and the reactions of

0:33:08.782 --> 0:33:13.622
<v Speaker 1>her inner circle, because Natalie, Phoebe's mom really wanted to

0:33:13.662 --> 0:33:16.142
<v Speaker 1>kind of understand what happened, and so she asked for

0:33:16.182 --> 0:33:19.102
<v Speaker 1>a chat with aunt. Can you tell us what happened?

0:33:19.502 --> 0:33:24.302
<v Speaker 3>Yeah, So Natalie hands Druck, Phoebe's mum, went to Ant's

0:33:24.342 --> 0:33:27.182
<v Speaker 3>apartment and just really wanted to have.

0:33:28.542 --> 0:33:30.222
<v Speaker 2>Just to break the.

0:33:30.182 --> 0:33:33.102
<v Speaker 3>Bread sort of chat and find out what was going on,

0:33:33.342 --> 0:33:35.422
<v Speaker 3>you know, what had happened in that last week, trying

0:33:35.422 --> 0:33:37.662
<v Speaker 3>to get some answers. And I also think they were

0:33:37.702 --> 0:33:41.422
<v Speaker 3>trying to work out funeral details and stuff like that,

0:33:41.622 --> 0:33:46.142
<v Speaker 3>because Ant had pressed his case to be next of kin,

0:33:46.382 --> 0:33:49.462
<v Speaker 3>as they'd been living together as de facto's more than

0:33:49.502 --> 0:33:55.542
<v Speaker 3>six months, and Natalie was kind of protesting that because

0:33:55.622 --> 0:33:59.262
<v Speaker 3>that many had control over her body, also control over

0:33:59.582 --> 0:34:01.982
<v Speaker 3>you know, obviously with the body, where a funeral would be,

0:34:02.022 --> 0:34:04.462
<v Speaker 3>what sort of event it would be. And then it

0:34:04.502 --> 0:34:10.062
<v Speaker 3>emerged that she had life insurance policy and that gave

0:34:10.142 --> 0:34:13.142
<v Speaker 3>him access to that, although down the track he did

0:34:13.182 --> 0:34:15.862
<v Speaker 3>give up all of those things. So Natt went there

0:34:15.902 --> 0:34:17.622
<v Speaker 3>for a meeting to sort out a lot, to get

0:34:17.662 --> 0:34:21.382
<v Speaker 3>some understanding, but also to try and flesh out why

0:34:21.422 --> 0:34:24.782
<v Speaker 3>he was pushing for next of kin and stuff like that.

0:34:25.502 --> 0:34:28.822
<v Speaker 3>And she recorded the meeting. Why well, you know, I

0:34:28.862 --> 0:34:31.582
<v Speaker 3>think she was suspicious and was wanting to gather some

0:34:31.622 --> 0:34:34.222
<v Speaker 3>evidence and I guess, given the police had already given up,

0:34:34.302 --> 0:34:37.302
<v Speaker 3>who else was going to do it, And so she

0:34:37.462 --> 0:34:40.662
<v Speaker 3>recorded it and I've heard and I think we played

0:34:40.662 --> 0:34:42.822
<v Speaker 3>in the podcast a part of that recording that was

0:34:42.822 --> 0:34:44.702
<v Speaker 3>played in the coroner's.

0:34:44.302 --> 0:34:46.622
<v Speaker 2>Court, and yeah, it was.

0:34:46.862 --> 0:34:52.382
<v Speaker 3>It was pretty strange and had his stepmother, Felicity Hample,

0:34:52.462 --> 0:34:55.062
<v Speaker 3>the judge there with him. I believe his father might

0:34:55.102 --> 0:34:59.182
<v Speaker 3>have been there, and a couple of other support people,

0:35:00.022 --> 0:35:07.822
<v Speaker 3>and the conversation, yeah, went around funerals and Natalie wanting

0:35:07.902 --> 0:35:10.942
<v Speaker 3>to push her case for the family to to do

0:35:10.982 --> 0:35:14.302
<v Speaker 3>the farewell and wanted his own service, and on the

0:35:14.382 --> 0:35:19.022
<v Speaker 3>tape and stepmom for the city reminded Phoebe that under

0:35:19.062 --> 0:35:19.622
<v Speaker 3>the law.

0:35:19.622 --> 0:35:23.182
<v Speaker 2>And was next of kin and had this right to

0:35:23.222 --> 0:35:26.222
<v Speaker 2>do what he wanted. So yeah, it was a kind.

0:35:26.102 --> 0:35:31.942
<v Speaker 3>Of strange situation, and Natalie said and was acting strangely,

0:35:32.502 --> 0:35:35.262
<v Speaker 3>and I think at one point went over to the

0:35:35.262 --> 0:35:37.982
<v Speaker 3>couch and was just kind of in a fetal position

0:35:38.502 --> 0:35:41.222
<v Speaker 3>with grief, and she's found the whole thing really odd.

0:35:41.262 --> 0:35:44.142
<v Speaker 3>And I think there was also quite loud music playing

0:35:44.422 --> 0:35:48.902
<v Speaker 3>in the background, which I don't know why it was there, maybe.

0:35:49.462 --> 0:35:51.302
<v Speaker 2>Made hearing the tape if he could.

0:35:52.062 --> 0:35:54.622
<v Speaker 1>In any event, there ended up being a bit of

0:35:54.702 --> 0:35:58.102
<v Speaker 1>a rift kind of formed between Phoebe's family and ants didn't.

0:35:57.862 --> 0:36:00.782
<v Speaker 2>There Yeah, pretty quickly, especially over the.

0:36:02.262 --> 0:36:05.022
<v Speaker 3>Next of kin's staff and not releasing the body and

0:36:05.062 --> 0:36:09.222
<v Speaker 3>then applying to access her insurance policy and a state

0:36:09.662 --> 0:36:13.182
<v Speaker 3>George ham Paul wrote a letter of support affirming their

0:36:13.222 --> 0:36:17.942
<v Speaker 3>relationship and the genuineness of it to convince the relevant

0:36:17.982 --> 0:36:21.182
<v Speaker 3>authorities that should be the beneficiary.

0:36:21.502 --> 0:36:21.862
<v Speaker 2>Now.

0:36:21.902 --> 0:36:25.062
<v Speaker 3>Like I said, he later gave those moneies and things

0:36:25.062 --> 0:36:29.222
<v Speaker 3>to Phoebe's brothers. But yeah, the whole dynamic was pretty

0:36:29.222 --> 0:36:33.182
<v Speaker 3>frosty because of the unanswered questions, and I think the

0:36:33.302 --> 0:36:35.742
<v Speaker 3>odd behavior and the other thing I think that really

0:36:36.022 --> 0:36:41.622
<v Speaker 3>pissed the family off was announcing Phoebe's death on Facebook,

0:36:41.702 --> 0:36:43.822
<v Speaker 3>saying that she was a troubled young woman and he

0:36:43.942 --> 0:36:46.702
<v Speaker 3>did his best to save her, but she's taken her

0:36:46.742 --> 0:36:47.582
<v Speaker 3>own life.

0:36:47.542 --> 0:36:50.822
<v Speaker 1>Which is something that they just categorically don't think is true.

0:36:51.062 --> 0:36:51.622
<v Speaker 2>They don't think.

0:36:51.822 --> 0:36:53.542
<v Speaker 3>Yeah, I think they've got an open mind on it,

0:36:53.622 --> 0:36:56.742
<v Speaker 3>but they think that's the least likely. Also, why would

0:36:56.742 --> 0:36:57.742
<v Speaker 3>you do it in that way?

0:36:58.302 --> 0:37:02.142
<v Speaker 1>To reiterate at hasn't been implicated in Phoebe's death, but

0:37:02.302 --> 0:37:05.662
<v Speaker 1>the public record does show that Phoebe is not the

0:37:05.942 --> 0:37:10.782
<v Speaker 1>only young girlfriend he has had who has died in

0:37:10.862 --> 0:37:12.182
<v Speaker 1>unusual circumstances.

0:37:12.782 --> 0:37:16.902
<v Speaker 3>No, in twenty eighteen, I got a phone call from

0:37:17.302 --> 0:37:20.862
<v Speaker 3>Natalie Hanshak and she just said, are you sitting down?

0:37:20.942 --> 0:37:21.902
<v Speaker 2>And I was at work.

0:37:21.902 --> 0:37:25.542
<v Speaker 3>I remember it really clearly, and said no, but do

0:37:25.582 --> 0:37:27.382
<v Speaker 3>I need to? She goes, I think you do, and

0:37:27.422 --> 0:37:29.462
<v Speaker 3>she just said it's happened again. I said, what do

0:37:29.462 --> 0:37:34.102
<v Speaker 3>you mean she goes and had another girlfriend die? And

0:37:34.142 --> 0:37:37.342
<v Speaker 3>I said, you're kidding me? And how and all of that,

0:37:37.502 --> 0:37:40.262
<v Speaker 3>And so the young woman we're talking about here is

0:37:40.422 --> 0:37:44.382
<v Speaker 3>a young Melbourne woman called Bailey Schneider who had been

0:37:44.502 --> 0:37:47.182
<v Speaker 3>seeing and in.

0:37:47.222 --> 0:37:50.062
<v Speaker 2>A more casual way I guess than Phoebe.

0:37:50.182 --> 0:37:53.102
<v Speaker 3>They weren't living together, but they had holidayed together and

0:37:53.742 --> 0:37:59.742
<v Speaker 3>were in a intimate relationship. And Bailey was twenty five

0:38:00.302 --> 0:38:03.902
<v Speaker 3>again had her issues with mental health and how she

0:38:03.982 --> 0:38:08.702
<v Speaker 3>viewed herself, issues with alcohol and drugs and partying.

0:38:08.262 --> 0:38:09.302
<v Speaker 2>And things like that.

0:38:09.662 --> 0:38:15.502
<v Speaker 3>And she was found in her parents' home in ascot Vale,

0:38:15.662 --> 0:38:22.022
<v Speaker 3>a suburban Melbourne's in a northwest hanging with a curtain

0:38:22.102 --> 0:38:24.822
<v Speaker 3>cord or She's found on the floor of the kitchen

0:38:24.862 --> 0:38:26.382
<v Speaker 3>with a curtain cord around her neck.

0:38:27.102 --> 0:38:28.182
<v Speaker 2>And the belief was.

0:38:28.102 --> 0:38:32.182
<v Speaker 3>She hung herself from a kitchen cupboard and her parents

0:38:32.782 --> 0:38:34.502
<v Speaker 3>had just gone out for an hour to go to

0:38:34.582 --> 0:38:37.582
<v Speaker 3>the shops and she'd asked them to bring something back

0:38:37.622 --> 0:38:37.982
<v Speaker 3>to eat.

0:38:38.502 --> 0:38:40.062
<v Speaker 1>Wow. I just tragic.

0:38:40.582 --> 0:38:46.022
<v Speaker 3>Yeah, And now has been cleared of any involvement in

0:38:46.062 --> 0:38:50.742
<v Speaker 3>her death by a police investigation and also a coroner's report.

0:38:50.862 --> 0:38:54.742
<v Speaker 3>This one didn't go to in quest, but he was

0:38:55.462 --> 0:38:58.942
<v Speaker 3>one of the last people to communicate with her overnight

0:38:59.022 --> 0:39:04.182
<v Speaker 3>and that day they had phone calls and had exchange

0:39:04.662 --> 0:39:09.982
<v Speaker 3>messages over Facebook Messenger and things like that, and Bailey's

0:39:10.022 --> 0:39:15.982
<v Speaker 3>parents wondering about what the impact of their relationship was

0:39:16.022 --> 0:39:18.942
<v Speaker 3>on her state of mind and her mental health in

0:39:18.982 --> 0:39:21.062
<v Speaker 3>the weeks and months leading up to her death.

0:39:21.902 --> 0:39:27.262
<v Speaker 1>You released your series on Phoebe in twenty sixteen. What

0:39:27.462 --> 0:39:29.942
<v Speaker 1>was the reaction like when you put all of this

0:39:30.062 --> 0:39:31.382
<v Speaker 1>evidence out?

0:39:31.862 --> 0:39:32.902
<v Speaker 2>It was overwhelming.

0:39:32.982 --> 0:39:39.862
<v Speaker 3>Actually, you know Australia, two years before in America, Cereal

0:39:39.982 --> 0:39:43.542
<v Speaker 3>had released the first version of the serial podcast and

0:39:43.582 --> 0:39:46.942
<v Speaker 3>that kind of turned people on to I guess, that

0:39:47.062 --> 0:39:51.382
<v Speaker 3>way of getting really deep into a story. And it

0:39:51.422 --> 0:39:55.062
<v Speaker 3>had been eating at me since the outcome of the Inquest,

0:39:55.182 --> 0:39:58.582
<v Speaker 3>which was delivered in twenty fourteen. We hadn't told this

0:39:58.662 --> 0:40:03.662
<v Speaker 3>story right yet, and I thought, with no experience in

0:40:03.702 --> 0:40:07.222
<v Speaker 3>podcasting at that stage or skills, that this would be

0:40:07.222 --> 0:40:11.542
<v Speaker 3>the way to tell it. And yeah, it was difficult

0:40:11.622 --> 0:40:14.422
<v Speaker 3>and a real challenge, and they needed a lot of

0:40:14.462 --> 0:40:16.622
<v Speaker 3>help from a lot of good people along the way

0:40:16.662 --> 0:40:19.502
<v Speaker 3>to help write it and tell it and all of that.

0:40:19.622 --> 0:40:21.902
<v Speaker 2>But once we released it, it was massive.

0:40:22.062 --> 0:40:27.862
<v Speaker 3>It was like it just went gangbusters, and people were

0:40:27.902 --> 0:40:30.622
<v Speaker 3>asking questions of the justice system.

0:40:30.382 --> 0:40:31.542
<v Speaker 2>That we all rely on.

0:40:31.742 --> 0:40:33.422
<v Speaker 3>We all don't want to have to rely on it,

0:40:33.462 --> 0:40:36.342
<v Speaker 3>but any day we could be relying on it to

0:40:36.502 --> 0:40:42.582
<v Speaker 3>work properly. Fairly and nothing's perfect, but to do its job.

0:40:42.622 --> 0:40:46.262
<v Speaker 3>And what Phoebe's story did was tell a story of

0:40:46.542 --> 0:40:49.062
<v Speaker 3>on a few levels that are really pertinent to the

0:40:49.102 --> 0:40:55.782
<v Speaker 3>community about you know, power imbalances in relationships, power imbalances

0:40:55.902 --> 0:41:00.862
<v Speaker 3>between families in different layers or levels of society, and

0:41:01.102 --> 0:41:04.502
<v Speaker 3>the performance of the justice system and who gets its

0:41:04.542 --> 0:41:10.142
<v Speaker 3>mercy and who gets short changed through you know, inadequate

0:41:10.182 --> 0:41:13.902
<v Speaker 3>and instigations and things like that. So I thought, wow,

0:41:14.622 --> 0:41:16.702
<v Speaker 3>you can get this right, and you can tell the

0:41:16.822 --> 0:41:21.262
<v Speaker 3>story in a factual but engaging kind of way that

0:41:21.422 --> 0:41:24.782
<v Speaker 3>allows people to kind of see it play out inside

0:41:24.782 --> 0:41:27.262
<v Speaker 3>their own heads, which is what the beauty of good

0:41:27.302 --> 0:41:30.742
<v Speaker 3>podcasting is. They have a longer shelf life and that

0:41:30.782 --> 0:41:34.302
<v Speaker 3>to me then gives it more scope to actually get

0:41:34.342 --> 0:41:37.862
<v Speaker 3>our politicians and other authorities to act well.

0:41:37.902 --> 0:41:40.542
<v Speaker 1>This podcast did help do that right. It helped the

0:41:40.622 --> 0:41:43.862
<v Speaker 1>Victorian government decide that they were going to review the

0:41:43.942 --> 0:41:44.782
<v Speaker 1>Coroners Act.

0:41:45.022 --> 0:41:45.622
<v Speaker 2>Yeah, they did.

0:41:45.662 --> 0:41:48.222
<v Speaker 3>So they did a review into the Coroners Act with

0:41:48.342 --> 0:41:54.662
<v Speaker 3>a focus on the difficulties or impediments to appealing outcomes

0:41:54.742 --> 0:41:57.822
<v Speaker 3>or decisions of the Coroner's Court, and then some amendments

0:41:57.822 --> 0:42:00.902
<v Speaker 3>were made to make it that bit easier for families

0:42:00.942 --> 0:42:05.182
<v Speaker 3>to challenge things, which is, you know, is a good outcome.

0:42:05.382 --> 0:42:08.902
<v Speaker 3>So hopefully because of what happened with Phoebe's in a

0:42:09.302 --> 0:42:12.462
<v Speaker 3>case and the high like we're a spotlight we put

0:42:12.462 --> 0:42:16.582
<v Speaker 3>on it, other families won't have the door closed to

0:42:16.662 --> 0:42:20.582
<v Speaker 3>them for challenging decisions and things that happen in the

0:42:20.622 --> 0:42:24.022
<v Speaker 3>coroner's court that they disagree with or they believe aren't

0:42:24.062 --> 0:42:28.262
<v Speaker 3>supported by evidence. Because a finding, when you don't have

0:42:28.502 --> 0:42:32.622
<v Speaker 3>a prosecution or someone to blame, you know, a coroner's

0:42:32.702 --> 0:42:36.102
<v Speaker 3>findings all you've got. That's the legal final word. That's

0:42:36.142 --> 0:42:39.302
<v Speaker 3>how the state says your loved one died and the

0:42:39.342 --> 0:42:41.342
<v Speaker 3>circumstances with which they died.

0:42:41.782 --> 0:42:44.342
<v Speaker 2>If you don't agree with that, or you think.

0:42:44.142 --> 0:42:49.502
<v Speaker 3>That it's made on false assumptions and isn't fact or

0:42:49.542 --> 0:42:51.782
<v Speaker 3>isn't true, that's a lot to live with. That's a

0:42:51.822 --> 0:42:56.182
<v Speaker 3>really heavy thing to go. Well, the record says, you know,

0:42:56.302 --> 0:42:59.262
<v Speaker 3>my brother's sister whatever died this way, but I don't

0:42:59.262 --> 0:43:02.062
<v Speaker 3>believe it, and I don't think when you assess the

0:43:02.102 --> 0:43:05.902
<v Speaker 3>evidence rationally, when there was a much more obvious and

0:43:06.102 --> 0:43:09.982
<v Speaker 3>acceptable finding in this case, open finding, I'd find that

0:43:10.022 --> 0:43:10.382
<v Speaker 3>really hard.

0:43:10.542 --> 0:43:11.022
<v Speaker 2>The stomach.

0:43:11.822 --> 0:43:14.262
<v Speaker 1>Where do we sit with Phoebe's case? Now, it's say

0:43:14.382 --> 0:43:17.062
<v Speaker 1>years since you know, all of those changes were announced

0:43:17.062 --> 0:43:20.982
<v Speaker 1>and we were able to appeal. Has Phoebe's finding changed?

0:43:21.382 --> 0:43:22.582
<v Speaker 1>Has anything else happened?

0:43:23.262 --> 0:43:25.942
<v Speaker 3>I am Phoebe's family and others. You know, still get

0:43:25.942 --> 0:43:30.142
<v Speaker 3>people coming forward with bits and pieces of information. You know,

0:43:30.262 --> 0:43:34.342
<v Speaker 3>some of it may be irrelevant, some of it.

0:43:33.462 --> 0:43:34.542
<v Speaker 2>Looks to be relevant.

0:43:34.702 --> 0:43:38.422
<v Speaker 3>Ah, yeah, you know, there's nothing's changed.

0:43:38.462 --> 0:43:39.982
<v Speaker 2>The finding is still the finding.

0:43:40.142 --> 0:43:44.342
<v Speaker 3>The same question marks over that finding from those who

0:43:44.582 --> 0:43:47.822
<v Speaker 3>don't think it's the right one still exist. I think

0:43:48.182 --> 0:43:51.942
<v Speaker 3>Phoebe's family believe, and I believe, and I have, you know,

0:43:51.982 --> 0:43:55.182
<v Speaker 3>some foundation for this belief that there are people out

0:43:55.222 --> 0:43:58.462
<v Speaker 3>there who know a bit more, who she may have

0:43:58.542 --> 0:44:01.822
<v Speaker 3>come across or was involved with in that final week

0:44:02.222 --> 0:44:06.782
<v Speaker 3>of her life, who for whatever reason, weren't questioned by police,

0:44:06.942 --> 0:44:10.022
<v Speaker 3>perhaps because they weren't known to police or weren't obviously

0:44:10.062 --> 0:44:14.742
<v Speaker 3>connect to her in that way. I feel that her story,

0:44:15.262 --> 0:44:16.942
<v Speaker 3>you know, I think there'll be one or two more

0:44:17.182 --> 0:44:19.222
<v Speaker 3>twists or turns before too long.

0:44:23.822 --> 0:44:26.222
<v Speaker 1>Thanks to Richard for helping us to tell this story

0:44:26.422 --> 0:44:30.062
<v Speaker 1>and to reiterate, Anthony Happle has not been implicated in

0:44:30.142 --> 0:44:33.742
<v Speaker 1>Phoebe's death. The coroner's finding legally stands to this day,

0:44:34.142 --> 0:44:36.822
<v Speaker 1>ruling that the twenty four year old's death was an accident.

0:44:37.382 --> 0:44:40.382
<v Speaker 1>We'll leave a link to Richard's podcast Phoebe's full in

0:44:40.422 --> 0:44:43.542
<v Speaker 1>our show notes. True Crime Conversations is a MoMA mea

0:44:43.622 --> 0:44:47.502
<v Speaker 1>podcast hosted and produced by me Jemma Bass and Tylie Blackman,

0:44:47.742 --> 0:44:51.182
<v Speaker 1>with audio design by Tom Lyon. Thanks so much for listening.

0:44:51.502 --> 0:44:54.382
<v Speaker 1>I'll be back next week with another True Crime Conversation.