WEBVTT - 16: Courage Under Fire

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<v Speaker 1>This podcast contains information and details relating to suicide. We

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<v Speaker 1>urge anyone struggling with their emotions to contact Lifeline on

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<v Speaker 1>thirteen eleven fourteen thirteen eleven fourteen or visit them at

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<v Speaker 1>lifeline dot org dot au. A twenty four year old

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<v Speaker 1>devoted mother of two fleeing a violent relationship as a

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<v Speaker 1>mom bags packed car, running her daughters strapped into the backseat.

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<v Speaker 2>Mom told me that she needed to go back inside

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<v Speaker 2>to grab something.

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<v Speaker 1>Panic.

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<v Speaker 3>Amy is dead, sir By Amy's Dead?

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<v Speaker 1>Eight Confusion World.

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<v Speaker 4>About five minutes they sit N's a suicide.

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<v Speaker 1>One hundred percent.

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<v Speaker 2>This is immersing.

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<v Speaker 1>What do you think is really the honest truth about Amy?

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<v Speaker 4>The Truth About Amy?

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<v Speaker 2>Episode sixteen. I'm Liam Bartlington and I'm Alison Sandy. So

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<v Speaker 2>before we get started, I just wanted to provide listeners

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<v Speaker 2>with the latest on David Simmons. Since we last spoke Liam,

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<v Speaker 2>Yet another warrant was issued for his arrest after he

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<v Speaker 2>failed to turn up to Armadale court, this time on

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<v Speaker 2>driving offenses. The following day, wa police picked him up

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<v Speaker 2>and brought him to the courthouse. So it's no longer

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<v Speaker 2>a case of him turning up a few hours later.

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<v Speaker 2>Police are now giving him a lift, which I guess

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<v Speaker 2>is better than nothing. When he gets there, he's again

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<v Speaker 2>granted bail and scheduled to reappear three weeks later. Sound familiar, limb.

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<v Speaker 1>Wel, I'm sorry, but it's laughable, isn't it. It's absolutely laughable.

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<v Speaker 1>As you say, he's got the best uber in town, right,

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<v Speaker 1>the police are taking him straight there, not charging him

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<v Speaker 1>a cent. He's obviously got an account, but it's for free.

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<v Speaker 1>I mean, when is the justice system going to catch

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<v Speaker 1>up with David Simmons? How many times do you breach bail? See? Look,

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<v Speaker 1>I'm a bit old fashioned. I always thought that breaching

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<v Speaker 1>bail is a really really serious charge, that's a really

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<v Speaker 1>serious thing to do. But clearly I'm wrong because they

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<v Speaker 1>just sort of give him chances like lollies to a

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<v Speaker 1>little kid. And that's how they're treating him, and that's

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<v Speaker 1>how they're treating the breaching of the bail. I mean once, twice,

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<v Speaker 1>three or four times. Now. The other thing, when you

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<v Speaker 1>say driving offenses, let's pause for a minute because that

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<v Speaker 1>sounds fairly innocuous. But it's worth mentioning here that these

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<v Speaker 1>driving offenses comprise reckless driving using an unlicensed vehicle on

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<v Speaker 1>the road, no authority to drive that means you haven't

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<v Speaker 1>got a license out, and driving with a prescribed illicit

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<v Speaker 1>drug in either oral fluid or your blood. I mean,

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<v Speaker 1>that's a nice grab bag, isn't it. And these aren't

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<v Speaker 1>isolated incidents. He's been a numerous traffic accidents, one of

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<v Speaker 1>which was mentioned in court the other week, a motorcycle

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<v Speaker 1>accident where, of course he lost his spleen. We spoke

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<v Speaker 1>about that at length in the first season. Then of

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<v Speaker 1>course the one that nearly killed Amy. Also remembering that

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<v Speaker 1>car accidents are the nation's biggest killer. So regardless of

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<v Speaker 1>what level of threat to society, the WA police or

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<v Speaker 1>the court system deem David Simmons to be or make

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<v Speaker 1>their mind up that he is or he isn't. He is,

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<v Speaker 1>at the very least safe to say, a serial dangerous

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<v Speaker 1>driver who can con tinuously flouts the law that we

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<v Speaker 1>know to be a fact. Now, bearing that in mind,

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<v Speaker 1>I just want to put it to the magistrate and

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<v Speaker 1>the lawyers, the police and the police prosecutors who collectively

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<v Speaker 1>enable him to continue just to walk free and do

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<v Speaker 1>seemingly whatever he likes. Of course, remember remember what they

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<v Speaker 1>said in court his family would keep him out of

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<v Speaker 1>trouble and he would apparently get the help that he

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<v Speaker 1>quote so desperately needs. Well, if in the future, if

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<v Speaker 1>there is a fatal car crash involving David Simmons, and

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<v Speaker 1>when I say fatal, not fatal for David, but fatal

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<v Speaker 1>for the poor blighters who are in the other car,

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<v Speaker 1>whoever they may be, however many they may be, whoever

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<v Speaker 1>gets caught in the crossfire. Let's face it, how many

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<v Speaker 1>times can you run the gauntlet on this? Then I

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<v Speaker 1>say to the magistrate and his lawyers and the police

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<v Speaker 1>and the prosecutors, that is on you. It's as simple

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<v Speaker 1>as that, precisely, Lamb. Yeah, and look, I don't think

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<v Speaker 1>I'm being too harsh in saying that. I mean, how

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<v Speaker 1>many chances does a person like that get out? It's just,

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<v Speaker 1>you know, it's a cliche these days, but it is

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<v Speaker 1>a truism. They will have blood on their hands. It's

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<v Speaker 1>as simple as that. And it's not difficult. It's not

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<v Speaker 1>difficult to foresee, you know, we're not trying to do

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<v Speaker 1>a nostrodamis. And anybody with half a brain can work

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<v Speaker 1>out that that is a very, very possible scenario given

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<v Speaker 1>what's happened in the past and his level of behavior

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<v Speaker 1>and the continuous level of behavior. Anyway, let's get back

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<v Speaker 1>to the death of Amy Wensley. Now. When we've started

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<v Speaker 1>this investigation, we discussed how the uniformed officers and the

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<v Speaker 1>detectives seemed very much to be pitted against each other

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<v Speaker 1>in their opinions of what really happened to Amy.

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<v Speaker 2>Yes, Liam, simply put. The Rockingham detectives, led by Detective

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<v Speaker 2>Sergeant Tony Kirkman, believed Amy killed herself, and the uniform detectives,

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<v Speaker 2>led by Senior Constable Ian Roberts did not.

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<v Speaker 1>Yeah, you couldn't get more polarizing, could you. I mean,

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<v Speaker 1>it's one side of the fence the detectives, the other

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<v Speaker 1>side of the fence of the uniformed officers. And as

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<v Speaker 1>we delved deeper, we discovered there were also other detectives

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<v Speaker 1>and authorities behind the scenes who didn't just fall in

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<v Speaker 1>behind their particular colleagues. And it was their courage, I think,

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<v Speaker 1>to probe further that helped get Amy's case to where

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<v Speaker 1>it is today.

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<v Speaker 2>This episode details how that came about.

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<v Speaker 1>By way of background, in Western Australia, the rule is

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<v Speaker 1>that all deaths are reported to the coroner or the

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<v Speaker 1>coroner's clerk. If it's a reportable death as defined by

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<v Speaker 1>the Coroner's Act nineteen ninety six, then the coroner must

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<v Speaker 1>be notified. A reportable death, as defined by the Coroner's

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<v Speaker 1>Act is unexpected, unnatural, or violent, or to have resulted

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<v Speaker 1>directly or indirectly from some sort of injury. Now, this

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<v Speaker 1>generally includes a review of the person's medical history and

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<v Speaker 1>circumstances of death, a post mortem examination, and medical testing,

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<v Speaker 1>alongside the witness statements. Sometimes it also includes reports from

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<v Speaker 1>forensic experts, engineering and crime scene analysis.

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<v Speaker 2>The coroner assigned to this case was Deputy State Coroner

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<v Speaker 2>Evil and Vicker. Ms. Vicker, who would be the first

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<v Speaker 2>of several who would ultimately take carriage of Amy's case,

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<v Speaker 2>made it clear from the start that she wasn't satisfied

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<v Speaker 2>by wa police's conclusion that Amy took her own life.

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<v Speaker 2>But before we get into all that, let's revisit the

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<v Speaker 2>crime scene through the eyes of one of the uniform officers.

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<v Speaker 5>First on scene, I entered the property, had a quick look.

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<v Speaker 5>I saw what looked to be a female in black top,

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<v Speaker 5>black jeans, black beats, slumped behind the door. It was

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<v Speaker 5>a bit tight to enter as her left foot was

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<v Speaker 5>against the door.

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<v Speaker 2>This is a statement made by Senior Constable Ian Roberts,

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<v Speaker 2>dated July fourth, twenty fourteen. He made several over the

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<v Speaker 2>course of a decade, one of which you've heard already,

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<v Speaker 2>but this one you haven't. Unlike the statements from Joshua Brydon,

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<v Speaker 2>Gareth Price, David Simmons, and his father Robert, Senior Constable

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<v Speaker 2>Roberts is consistent in his recollection.

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<v Speaker 5>The body had a blue towel over the head, covering

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<v Speaker 5>the wounds. At this time the towel was left in

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<v Speaker 5>place and untouched. I could see a large amount of

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<v Speaker 5>blood spatter, bone fragments, and brain matter on the rear

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<v Speaker 5>wall to the side of the head, and the large

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<v Speaker 5>amount of blood had pooled under the bottom of the

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<v Speaker 5>body as it sat there. I could see that her

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<v Speaker 5>right hand was under her bottom and her left resting

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<v Speaker 5>in her lap. There was a queen sized bed in

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<v Speaker 5>the center of the room, with wooden bedside cabinets either side.

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<v Speaker 5>On the bedside cabinet to the left were two fourteen

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<v Speaker 5>gaged shotgun cartridges. One was live and the other spent.

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<v Speaker 5>I also saw there was a side by side double

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<v Speaker 5>barrel shotgun lying by the side of the bed and

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<v Speaker 5>it was pointing barrel towards the deceased. It was about

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<v Speaker 5>two meters away from the deceased. I could see that

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<v Speaker 5>it had blood spatterings around the front of both barrels.

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<v Speaker 5>Next to this bedside cabinet there was a pink rifle

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<v Speaker 5>leaned up against the wall in the corner. In the

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<v Speaker 5>far corner of the room, next to the other bedside

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<v Speaker 5>cabinet was another shotgun leaning against the wall. In the wardrobe,

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<v Speaker 5>another rifle was leaning against the inner wall, and several

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<v Speaker 5>boxes of ammunition, both shotgun and twenty two could be

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<v Speaker 5>seen on the upper shelf. It was about seventeen fifty

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<v Speaker 5>five hours that the paramedics arrived and I asked that

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<v Speaker 5>everything be untouched as much as possible, and simply ascertained

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<v Speaker 5>that the body was actually deceased so that the relevant

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<v Speaker 5>paperwork could be completed. The paramedics were in the scene

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<v Speaker 5>for no more than a few seconds. They signed and

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<v Speaker 5>completed the life extinct form and left the scene. At

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<v Speaker 5>eighteen o five a PFA was de declared and a

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<v Speaker 5>running sheet commenced At nineteen o five hours, Weedman and

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<v Speaker 5>Kirkman and Povar from Rockingham Detectives attended the scene. We

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<v Speaker 5>explained where the body lay and what we had so

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<v Speaker 5>far done. They viewed the photographs that I had taken,

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<v Speaker 5>and Kirkman and Povar took our camera and went into

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<v Speaker 5>the property to assess the scene for themselves. They returned

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<v Speaker 5>about fifteen minutes later. We all stood in the large shed,

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<v Speaker 5>as it was raining quite heavily by this time, and

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<v Speaker 5>we discussed the incident. Sergeant Kirkman explained that he and

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<v Speaker 5>his partner had come to the conclusion that it was

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<v Speaker 5>a non suspicious suicide, stating that they thought the deceased

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<v Speaker 5>had pulled the trigger herself using her left hand, by

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<v Speaker 5>pressing the butt of the gun against the bed and

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<v Speaker 5>leaning over with her left arm. I then tried to

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<v Speaker 5>tell Sergeant Kirkman that I did not agree with him,

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<v Speaker 5>and stated that it would be almost, if not impossible,

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<v Speaker 5>for a slight girl of her size to be able

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<v Speaker 5>to reach over her body and pull the trigger with

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<v Speaker 5>her left hand, and demonstrated that even my arm was

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<v Speaker 5>not longer enough to reach the trigger. I also mentioned

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<v Speaker 5>that her natural trigger finger would have been her right hand,

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<v Speaker 5>which was situated under the bottom so could not have

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<v Speaker 5>been used. Sergeant Kirkman dismissed these facts, and his partner

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<v Speaker 5>Povar agreed with him. First Constable Blandford again tried to

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<v Speaker 5>explain that for a person to shoot themselves, they would

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<v Speaker 5>have to be seated with the butt of the weapon

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<v Speaker 5>against the ground and the barrel in their face. Sergeant

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<v Speaker 5>Kirkman replied that she was shot from the side of

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<v Speaker 5>the head. First Constable Blamford stated that there is no

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<v Speaker 5>female capable of holding the shotgun to the side of

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<v Speaker 5>their own head and pulling the trigger, certainly not with

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<v Speaker 5>their right hand trapped under their buttocks. Sergeant Kirkman answered

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<v Speaker 5>by saying she must have lent sidewards into the barrel.

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<v Speaker 5>I then stated that if the sergeant was happy to

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<v Speaker 5>call it a suicide, and there were not suspicious circumstances,

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<v Speaker 5>then we would continue with this as a sudden death

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<v Speaker 5>and complete the paperwork accordingly. Sergeant Kirkman stated that he

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<v Speaker 5>and his colleagues would first read the statements that were

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<v Speaker 5>taken to see if they confirmed the conclusions they had determined.

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<v Speaker 5>I asked that they call us once that decision had

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<v Speaker 5>been made. A short time later, Constable Dixon received a

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<v Speaker 5>call from Rockingham detectives that stated this incident was non suspicious.

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<v Speaker 1>Now, according to the Major Crime Division decision Log, on

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<v Speaker 1>the twenty seventh of June, a decision was made to

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<v Speaker 1>arrest David Simmons and Gareth Price because of the following points.

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<v Speaker 1>Simmons history of violence, evidence of an argument between person

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<v Speaker 1>of interest Simmons and Amy prior to her death, the

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<v Speaker 1>inconsistency of the accounts they had provided thus far. However,

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<v Speaker 1>they were released the following day because and old quote,

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<v Speaker 1>forensic examination doesn't provide evidence of criminality. Their accounts were

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<v Speaker 1>more detailed and clarified earlier. And lastly, the police at

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<v Speaker 1>that stage were unable to establish that an offense had

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<v Speaker 1>been committed. And that's a bit of a save all,

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<v Speaker 1>isn't it now. That was signed by Detective Senior Sergeant

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<v Speaker 1>Gregory MacDonald of the Major Crime Division, who was the

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<v Speaker 1>officer in charge of Operation Juhnde. We'll come back to

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<v Speaker 1>him later this episode, but first a statement. Here's what

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<v Speaker 1>Serpentine Roadhouse owner Robert Ibbotson, who ironically is also a

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<v Speaker 1>former police officer, here's what he recalled.

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<v Speaker 6>I am sixty eight years old and the owner of

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<v Speaker 6>the Serpentine Falls Roadhouse, located on the corner of Fools

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<v Speaker 6>Road in Southwestern Highway in Serpentine. On Thursday, the twenty

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<v Speaker 6>sixth of June, I was at work. I was working alone.

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<v Speaker 6>I was standing behind the counter when I saw a

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<v Speaker 6>white sedan pulled up close to Bowser five and two

0:13:56.559 --> 0:13:59.480
<v Speaker 6>males came inside in a hurry. I later checked the

0:13:59.520 --> 0:14:03.280
<v Speaker 6>cc TV footage and saw they arrived at five twenty

0:14:03.320 --> 0:14:07.800
<v Speaker 6>two pm. The clock on the CCTV footage is about

0:14:07.800 --> 0:14:08.800
<v Speaker 6>two minutes fast.

0:14:09.240 --> 0:14:12.240
<v Speaker 2>That would make it five twenty four pm, but it's

0:14:12.280 --> 0:14:15.760
<v Speaker 2>worth noting that according to the Major Crime Report, the

0:14:15.800 --> 0:14:19.040
<v Speaker 2>CCTV clock was five minutes fast.

0:14:19.520 --> 0:14:22.760
<v Speaker 6>I don't recall seeing either of them before. They both

0:14:22.840 --> 0:14:26.440
<v Speaker 6>looked to be in their late twenties or early thirties

0:14:26.680 --> 0:14:30.080
<v Speaker 6>and Caucasians. Male number one was wearing a black hooter

0:14:30.160 --> 0:14:32.600
<v Speaker 6>jump up with a green mother logo with a bright

0:14:32.720 --> 0:14:36.240
<v Speaker 6>green capital M. I can't recall what else he was wearing.

0:14:36.680 --> 0:14:39.440
<v Speaker 6>He was the only one who spoke to me. He said,

0:14:39.440 --> 0:14:41.200
<v Speaker 6>I got to use the phone. I got to call

0:14:41.200 --> 0:14:44.480
<v Speaker 6>Triple zero. I was about to point to the public

0:14:44.520 --> 0:14:47.520
<v Speaker 6>phone outside, but I let him use the roadhouse landline

0:14:47.720 --> 0:14:50.960
<v Speaker 6>because he spoke the submergency in the voice. The phone

0:14:51.040 --> 0:14:53.600
<v Speaker 6>number for the roadhouse is nine to five to two.

0:14:55.800 --> 0:14:58.560
<v Speaker 6>It is the only line I have and is the

0:14:58.600 --> 0:15:02.520
<v Speaker 6>cordless phone. I stood two to three meters away from

0:15:02.560 --> 0:15:05.320
<v Speaker 6>him when he called triple zero, and I heard him

0:15:05.320 --> 0:15:08.760
<v Speaker 6>say wanted an ambulance and gave an address of lot

0:15:08.840 --> 0:15:13.360
<v Speaker 6>number on the Southwestern Highway Serpentine. But I can't recall

0:15:13.360 --> 0:15:14.040
<v Speaker 6>the lot number.

0:15:14.680 --> 0:15:15.040
<v Speaker 1>He said.

0:15:15.080 --> 0:15:16.640
<v Speaker 6>There was a name on the gate, but I can't

0:15:16.680 --> 0:15:20.120
<v Speaker 6>recall the name. He said someone shot themselves in the head.

0:15:20.720 --> 0:15:23.520
<v Speaker 6>He gave the mobile number and said it didn't work

0:15:23.720 --> 0:15:26.920
<v Speaker 6>because he got wet. The entire time, he was calm,

0:15:26.960 --> 0:15:29.480
<v Speaker 6>just a little bit edgy and nervous, but he wasn't crying.

0:15:30.160 --> 0:15:31.960
<v Speaker 6>He asked if he could make another call, and I

0:15:32.000 --> 0:15:34.760
<v Speaker 6>said he could help himself. He took the cordless phone

0:15:34.840 --> 0:15:37.640
<v Speaker 6>just outside the door and made another call. I could

0:15:37.680 --> 0:15:40.280
<v Speaker 6>not hear him as the door was closed, but the

0:15:40.320 --> 0:15:42.880
<v Speaker 6>conversation was a minute or two long, at the longest.

0:15:43.200 --> 0:15:45.880
<v Speaker 6>The whole time, the second male stayed close behind him

0:15:46.200 --> 0:15:49.640
<v Speaker 6>and said words to the effect you're right mate, you're right, mate.

0:15:50.040 --> 0:15:52.160
<v Speaker 6>The second male wore a black beanie and a white

0:15:52.240 --> 0:15:54.560
<v Speaker 6>logo of some sort on the front, and a black

0:15:54.560 --> 0:15:57.520
<v Speaker 6>horter jumper with white logo on the front too. I

0:15:57.560 --> 0:15:59.960
<v Speaker 6>can't describe the logo as any further than that they

0:16:00.160 --> 0:16:04.120
<v Speaker 6>clearly visible on the CCTV and they are very distinct.

0:16:04.920 --> 0:16:07.520
<v Speaker 6>He brought the cordless phone back inside to me, handed

0:16:07.560 --> 0:16:10.840
<v Speaker 6>it to me, and walked out without another word. The

0:16:10.880 --> 0:16:13.480
<v Speaker 6>second mile, wearing the black beanie, didn't say anything either.

0:16:13.920 --> 0:16:16.160
<v Speaker 6>They got in the car and left. The first mile

0:16:16.200 --> 0:16:18.320
<v Speaker 6>without the beanie got in the driver's seat and drove

0:16:18.400 --> 0:16:21.960
<v Speaker 6>south on the Southwestern Highway. I did not notice anyone

0:16:21.960 --> 0:16:23.520
<v Speaker 6>else in the car, but I did have a good

0:16:23.600 --> 0:16:26.520
<v Speaker 6>view and it was just starting to get dark outside.

0:16:26.720 --> 0:16:28.920
<v Speaker 6>There was one other male customer in the store at

0:16:28.960 --> 0:16:31.240
<v Speaker 6>the time, and he heard the first mile without the

0:16:31.240 --> 0:16:34.240
<v Speaker 6>beanie say someone had shot themselves in the head. I

0:16:34.240 --> 0:16:36.080
<v Speaker 6>don't know his name, but he is a regular if

0:16:36.120 --> 0:16:39.280
<v Speaker 6>the police need to follow up with him too. On Friday,

0:16:39.320 --> 0:16:42.240
<v Speaker 6>the twenty seventh of June twenty fourteen, I downloaded a

0:16:42.240 --> 0:16:45.520
<v Speaker 6>copy of the CCTV footage of the two miles coming

0:16:45.520 --> 0:16:47.760
<v Speaker 6>into the store around five point twenty two on the disc.

0:16:48.360 --> 0:16:51.480
<v Speaker 6>I provided the disc a detective Senior Constable Danderly at

0:16:51.480 --> 0:16:53.840
<v Speaker 6>the same time, I provided the statement on the Saturday

0:16:53.840 --> 0:16:55.920
<v Speaker 6>of the twenty eighth of June twenty fourteen.

0:16:58.840 --> 0:17:00.960
<v Speaker 1>So we know from this that the clothes they were

0:17:01.000 --> 0:17:05.200
<v Speaker 1>wearing at the roadhouse were the same clothes police confiscated

0:17:05.240 --> 0:17:09.960
<v Speaker 1>shortly after. You'll recall that these clothes didn't have any

0:17:10.000 --> 0:17:15.720
<v Speaker 1>blood or any gun residue on them whatsoever, despite Simmons

0:17:15.760 --> 0:17:19.080
<v Speaker 1>admitting to firing his gun not long before Amy died.

0:17:19.480 --> 0:17:22.320
<v Speaker 1>Remember he said he was firing his gun outside at

0:17:22.680 --> 0:17:26.600
<v Speaker 1>some parrots or whatever. The story was, oh fish, it was. Yeah,

0:17:26.600 --> 0:17:29.119
<v Speaker 1>there was a couple of different conflicting stories depending on

0:17:29.160 --> 0:17:33.679
<v Speaker 1>who you believed. And also Gareth Price, in his own words,

0:17:33.760 --> 0:17:37.600
<v Speaker 1>gave evidence that he patted down Amy's dead body looking

0:17:37.720 --> 0:17:42.000
<v Speaker 1>for her phone. Can you imagine patting down anybody in

0:17:42.040 --> 0:17:44.920
<v Speaker 1>that position that had been on the receiving end of

0:17:44.960 --> 0:17:49.359
<v Speaker 1>that sort of gunshot wound? And still, because let's go

0:17:49.400 --> 0:17:52.520
<v Speaker 1>back to the evidence, the police found, their clothes had

0:17:52.600 --> 0:17:56.959
<v Speaker 1>no blood residue, no gun residue, not one bit, not

0:17:57.000 --> 0:18:00.800
<v Speaker 1>one spot, not one spot. To believe, isn't it?

0:18:01.080 --> 0:18:04.120
<v Speaker 2>Yeah? Or woodchips from chopping wood all afternoon, or.

0:18:04.040 --> 0:18:07.359
<v Speaker 1>Any sort of fiber from all that wood shopping. That

0:18:07.480 --> 0:18:08.000
<v Speaker 1>is amazing.

0:18:08.080 --> 0:18:11.320
<v Speaker 2>Look, it doesn't make any sense. The evidence is contrary

0:18:11.760 --> 0:18:15.040
<v Speaker 2>to what they've been saying. They obviously change their clothes.

0:18:15.040 --> 0:18:17.720
<v Speaker 2>There is no other reason that that would be the case.

0:18:17.760 --> 0:18:20.560
<v Speaker 2>They would have blood, they would have woodchips, they would

0:18:20.560 --> 0:18:23.400
<v Speaker 2>have gun residue, and even if they talk about gun

0:18:23.400 --> 0:18:27.280
<v Speaker 2>residue being you know, not reliable, they would at least

0:18:27.359 --> 0:18:30.800
<v Speaker 2>have Gareth having padded down a body. There's no way

0:18:30.840 --> 0:18:33.959
<v Speaker 2>you could do that without having some transfer of blood.

0:18:34.359 --> 0:18:38.040
<v Speaker 2>And there's no way that David Simmons wouldn't have wood

0:18:38.080 --> 0:18:41.760
<v Speaker 2>chips on his body from having chopped wood all that afternoon.

0:18:41.960 --> 0:18:44.720
<v Speaker 1>So if we were to believe, let me just give

0:18:44.720 --> 0:18:47.760
<v Speaker 1>you a scenario. So let's assume that the clothes they

0:18:47.760 --> 0:18:50.320
<v Speaker 1>had on at the roadhouse, which were the ones police

0:18:50.359 --> 0:18:56.160
<v Speaker 1>then confiscated, finding no residue anywhere. Let's just say if

0:18:56.200 --> 0:18:58.919
<v Speaker 1>they were fresh clothes, they would have had to find

0:18:58.960 --> 0:19:01.520
<v Speaker 1>the time before they went to the roadhouse to phone

0:19:01.600 --> 0:19:04.280
<v Speaker 1>for the ambulance to both change their.

0:19:04.160 --> 0:19:06.399
<v Speaker 2>Clothes, yep, or they had thirteen minutes.

0:19:06.520 --> 0:19:07.840
<v Speaker 1>Thirteen minutes well at.

0:19:07.800 --> 0:19:11.760
<v Speaker 2>Least that we know of. That's their official time frame that.

0:19:11.840 --> 0:19:16.359
<v Speaker 1>Had Okay, I mean, do you think police have fully

0:19:16.359 --> 0:19:17.479
<v Speaker 1>investigated that aspect?

0:19:17.520 --> 0:19:17.680
<v Speaker 6>Oh?

0:19:17.800 --> 0:19:19.720
<v Speaker 1>No way, Amy doesn't look like it doesn't.

0:19:19.800 --> 0:19:24.159
<v Speaker 2>No, no, And that's just been brushed over, right, you

0:19:24.200 --> 0:19:27.439
<v Speaker 2>know it hasn't. There's been no No one's really talked

0:19:27.480 --> 0:19:31.440
<v Speaker 2>about it, No one's pushed them about it. At the inquest,

0:19:31.520 --> 0:19:35.160
<v Speaker 2>it just wasn't. It was just glossed over. Really one

0:19:35.160 --> 0:19:37.120
<v Speaker 2>of the many things that was glossed over. And then

0:19:37.160 --> 0:19:41.159
<v Speaker 2>even looking for Amy's phone, patting down her body. I

0:19:41.200 --> 0:19:44.520
<v Speaker 2>mean that that whole thing of David Simmons not being

0:19:44.520 --> 0:19:47.400
<v Speaker 2>able to go up to the house because his dad

0:19:47.400 --> 0:19:49.440
<v Speaker 2>apparently wasn't there even though he worked at home all

0:19:49.480 --> 0:19:53.120
<v Speaker 2>the time, and then him also afterwards when they came

0:19:53.240 --> 0:19:56.439
<v Speaker 2>back to the property trying to get in there to

0:19:56.520 --> 0:19:59.960
<v Speaker 2>get Amy's phone again where he said, de Larry Blain,

0:20:00.520 --> 0:20:03.240
<v Speaker 2>you know I need to go get my phone. Wasn't

0:20:03.280 --> 0:20:06.000
<v Speaker 2>his phone because when he said it was my phone,

0:20:06.200 --> 0:20:08.040
<v Speaker 2>they said what color is it? And he said pink.

0:20:08.359 --> 0:20:10.920
<v Speaker 1>He was claiming Amy's pink phone was his phone. Yeah,

0:20:11.000 --> 0:20:13.719
<v Speaker 1>and he wanted it, but Constable Blandford refused to give

0:20:13.760 --> 0:20:14.120
<v Speaker 1>it to him.

0:20:14.240 --> 0:20:17.400
<v Speaker 2>Yeah, refused to let him back, and he denies it obviously,

0:20:17.640 --> 0:20:19.560
<v Speaker 2>But I mean, who are you going to believe a.

0:20:19.520 --> 0:20:21.879
<v Speaker 1>Swan police officer. I believe the police officer.

0:20:21.960 --> 0:20:24.639
<v Speaker 2>Yeah, yeah, Well what benefit would he get from making

0:20:24.640 --> 0:20:24.959
<v Speaker 2>that up?

0:20:25.080 --> 0:20:25.159
<v Speaker 6>No?

0:20:25.320 --> 0:20:29.400
<v Speaker 1>Exactly, that was part of his official signed statement as

0:20:29.400 --> 0:20:31.440
<v Speaker 1>a police officer. I mean, I've got no doubt that

0:20:31.480 --> 0:20:33.120
<v Speaker 1>what he said was exactly what happened.

0:20:33.480 --> 0:20:37.160
<v Speaker 2>This same day, the forensic Field Operations team, led by

0:20:37.240 --> 0:20:40.879
<v Speaker 2>Sergeant Brad Nind, went back to the house where Amy died.

0:20:41.440 --> 0:20:44.760
<v Speaker 2>In his report, Nind noted that the bedroom had been

0:20:44.920 --> 0:20:48.800
<v Speaker 2>professionally cleaned, and even a section of carpet and underlay

0:20:48.800 --> 0:20:52.200
<v Speaker 2>in the doorway to the bedroom had been removed. Now

0:20:52.280 --> 0:20:54.920
<v Speaker 2>that's the first time I've read this, but this carpet

0:20:54.960 --> 0:20:56.040
<v Speaker 2>had been removed.

0:20:56.400 --> 0:21:00.439
<v Speaker 1>Well, who made the decision to remove that carpet? Unsafe

0:21:00.480 --> 0:21:03.240
<v Speaker 1>to assume anything in this case, But do we assume

0:21:03.280 --> 0:21:05.879
<v Speaker 1>that was the professional cleaners who said, look, this is

0:21:05.920 --> 0:21:09.760
<v Speaker 1>beyond cleaning, and either David Simmons or his father were

0:21:09.800 --> 0:21:13.119
<v Speaker 1>present to supervise the cleaning and agreed that the carpet

0:21:13.160 --> 0:21:15.080
<v Speaker 1>should be removed. I mean, how do you how do

0:21:15.119 --> 0:21:15.560
<v Speaker 1>you do that?

0:21:15.720 --> 0:21:19.440
<v Speaker 2>Another unanswered question, liamb something that the police, the new

0:21:19.480 --> 0:21:22.560
<v Speaker 2>investigation team should be going back to.

0:21:22.960 --> 0:21:25.560
<v Speaker 7>The premises was clean and tidy. Very small amounts of

0:21:25.560 --> 0:21:27.760
<v Speaker 7>blood evidence were present on the rear of the door

0:21:27.800 --> 0:21:31.040
<v Speaker 7>and adjacent walls. These stains were recorded and collected by

0:21:31.080 --> 0:21:32.080
<v Speaker 7>BPA officers.

0:21:32.440 --> 0:21:37.800
<v Speaker 1>Well BPA is what they referred to in forensic circles

0:21:37.840 --> 0:21:39.800
<v Speaker 1>as blood pattern analysis.

0:21:40.480 --> 0:21:44.520
<v Speaker 7>Upon completion of the scene examination in Serpentine, FFO officers

0:21:44.560 --> 0:21:48.000
<v Speaker 7>attended the location of a vehicle subject to this incident

0:21:48.040 --> 0:21:50.320
<v Speaker 7>in company of Detective Dan Drilly.

0:21:50.160 --> 0:21:55.080
<v Speaker 1>And FFO refers to forensic field operations.

0:21:55.400 --> 0:21:58.199
<v Speaker 7>Photographs were obtained of the interior and exterior of the

0:21:58.280 --> 0:22:00.800
<v Speaker 7>vehicle and the presumptive test for blood was conducted on

0:22:00.840 --> 0:22:04.600
<v Speaker 7>the steering wheel, interior and exterior driver's door handle which

0:22:04.640 --> 0:22:07.479
<v Speaker 7>gave a negative reaction. Due to this, no swabs were

0:22:07.480 --> 0:22:08.479
<v Speaker 7>obtained from the vehicle.

0:22:09.200 --> 0:22:13.040
<v Speaker 2>Back to Detective Senior Sergeant McDonald at the inquest, he

0:22:13.240 --> 0:22:17.240
<v Speaker 2>was questioned about how Operation Dundee came under his jurisdiction.

0:22:17.720 --> 0:22:21.080
<v Speaker 8>There's a team structure within the Major Crime Squad which

0:22:21.119 --> 0:22:25.919
<v Speaker 8>is now the Homicide Squad, same principal, different name. So

0:22:26.080 --> 0:22:28.960
<v Speaker 8>the on call which was the process of provision of

0:22:29.000 --> 0:22:33.320
<v Speaker 8>a telephone so that anyone required assistance or advice they

0:22:33.320 --> 0:22:35.359
<v Speaker 8>would contact the on call phone.

0:22:35.920 --> 0:22:37.600
<v Speaker 3>My team was on call that week.

0:22:38.280 --> 0:22:40.680
<v Speaker 8>We were advised in the morning of the twenty seventh

0:22:40.720 --> 0:22:44.480
<v Speaker 8>by Rockingham detectives that there were some concerns.

0:22:45.000 --> 0:22:46.520
<v Speaker 2>This is what they were advised.

0:22:47.040 --> 0:22:51.159
<v Speaker 8>My understanding is the initial investigations were conducted under the

0:22:51.200 --> 0:22:54.639
<v Speaker 8>powers of the Coroner's Act Section thirty three. It was

0:22:54.680 --> 0:22:58.040
<v Speaker 8>dealt with as a coronial matter and not a criminal matter.

0:22:58.359 --> 0:23:02.240
<v Speaker 2>The coronial investigation in it referred the matter to Major Crime.

0:23:02.680 --> 0:23:06.600
<v Speaker 2>Detective McDonald said he wasn't advised about it until after lunch,

0:23:07.160 --> 0:23:10.760
<v Speaker 2>too late to stop the professional cleaners who arrived at

0:23:10.800 --> 0:23:15.240
<v Speaker 2>ten am. He was then asked about Simmons and Price's arrest.

0:23:15.760 --> 0:23:18.720
<v Speaker 8>My view of the interviews was that they were conducted

0:23:19.119 --> 0:23:24.359
<v Speaker 8>competently and both men appeared truthful. Price curainly appeared to

0:23:24.440 --> 0:23:28.160
<v Speaker 8>my recollection quite truthful, which is not always the case

0:23:28.240 --> 0:23:32.040
<v Speaker 8>with people we interview. My recollection is the actually I

0:23:32.119 --> 0:23:35.399
<v Speaker 8>thought at the time that his interview as quite good

0:23:35.800 --> 0:23:40.320
<v Speaker 8>and that he came across he presented as truthful and honest.

0:23:40.960 --> 0:23:44.679
<v Speaker 8>There were still inconsistencies between the interviews of the two men,

0:23:44.920 --> 0:23:48.000
<v Speaker 8>which is not surprising given that they are two different

0:23:48.040 --> 0:23:50.640
<v Speaker 8>people who have entered a room at two different times

0:23:51.000 --> 0:23:55.359
<v Speaker 8>on their explanation, and people under stress and in circumstances

0:23:55.560 --> 0:23:57.840
<v Speaker 8>that they are not used to and that will often

0:23:57.920 --> 0:23:59.840
<v Speaker 8>have a different view of the same event.

0:24:00.160 --> 0:24:03.600
<v Speaker 2>Detective McDonald is then asked what he looked for when

0:24:03.640 --> 0:24:06.600
<v Speaker 2>determining whether a witness is honest or not.

0:24:07.160 --> 0:24:10.359
<v Speaker 8>Well, principally, we look for lies, and lies are not

0:24:10.520 --> 0:24:14.199
<v Speaker 8>always obvious. We're seeking an account from them as to

0:24:14.280 --> 0:24:18.160
<v Speaker 8>what their actions were if that provides us with the opportunity.

0:24:18.400 --> 0:24:22.200
<v Speaker 1>So, just to clarify here, Detective McDonald says they were

0:24:22.240 --> 0:24:27.560
<v Speaker 1>looking for lies, which, of course they both couldn't have

0:24:27.600 --> 0:24:30.080
<v Speaker 1>been telling the truth, could they. I mean, if the

0:24:30.119 --> 0:24:33.760
<v Speaker 1>story is different at all, they're not both telling the

0:24:33.800 --> 0:24:36.320
<v Speaker 1>truth on the same issue or the same subject. But

0:24:36.800 --> 0:24:40.280
<v Speaker 1>Detective McDonald justifies that by explaining.

0:24:39.960 --> 0:24:43.480
<v Speaker 8>There were some slight variations between them, but in the

0:24:43.560 --> 0:24:47.120
<v Speaker 8>large part, predominantly the accounts were well very similar.

0:24:47.680 --> 0:24:51.240
<v Speaker 2>Simmons and Price were intoxicated, so police had to wait

0:24:51.320 --> 0:24:53.760
<v Speaker 2>until they sobered up before interviewing them.

0:24:54.119 --> 0:24:58.320
<v Speaker 1>Detective McDonald was asked if, after reviewing those interviews, he

0:24:58.480 --> 0:25:01.280
<v Speaker 1>suspected Simmons and Price colluded.

0:25:01.640 --> 0:25:03.639
<v Speaker 3>No, I don't. I don't believe so.

0:25:04.040 --> 0:25:08.600
<v Speaker 1>He also defended the detective's decision to rule Amy's death

0:25:08.600 --> 0:25:13.359
<v Speaker 1>a suicide so early, saying that Amy's body could have

0:25:13.400 --> 0:25:18.400
<v Speaker 1>been moved, despite of course, the blood spatter experts, as

0:25:18.400 --> 0:25:20.240
<v Speaker 1>we know, having ruled that out.

0:25:20.440 --> 0:25:23.760
<v Speaker 8>I don't recall anything specific about the position of her

0:25:23.840 --> 0:25:27.840
<v Speaker 8>body in viewing those photographs. Certainly, I don't find that.

0:25:28.280 --> 0:25:31.639
<v Speaker 8>I don't recall anything from those photographs that suggested to

0:25:31.720 --> 0:25:34.640
<v Speaker 8>me that it was clearly not a suicide.

0:25:34.760 --> 0:25:38.560
<v Speaker 1>But upon being pushed on this point, he clarified.

0:25:38.200 --> 0:25:40.720
<v Speaker 8>There were concerns about the position of the body. Yes,

0:25:41.480 --> 0:25:45.920
<v Speaker 8>I can't recall without further reference specifically that they were.

0:25:46.200 --> 0:25:49.639
<v Speaker 8>But having said that, my understanding is that there was

0:25:49.680 --> 0:25:53.040
<v Speaker 8>some force required to move to get into the room.

0:25:53.720 --> 0:25:56.639
<v Speaker 8>There are a number of explanations for how her hand

0:25:57.160 --> 0:25:58.880
<v Speaker 8>may have wound up in that position.

0:25:59.359 --> 0:26:02.880
<v Speaker 1>And when about Naya's evidence about Simmons putting the gun

0:26:02.920 --> 0:26:05.879
<v Speaker 1>in the cupboard, detective McDonald said he couldn't recall that,

0:26:06.800 --> 0:26:09.840
<v Speaker 1>but he told the inquest in his view, as a

0:26:09.880 --> 0:26:15.280
<v Speaker 1>general rule, children are honest. Similarly, when asked if he

0:26:15.359 --> 0:26:20.040
<v Speaker 1>remembered Naya saying that Price, Gareth Price, had put something

0:26:20.080 --> 0:26:22.520
<v Speaker 1>in the bin after Amy's death.

0:26:22.840 --> 0:26:24.760
<v Speaker 3>I don't recall, sorry, the.

0:26:24.760 --> 0:26:27.400
<v Speaker 1>Couple's history of domestic violence.

0:26:27.240 --> 0:26:28.160
<v Speaker 3>So we examined it.

0:26:28.960 --> 0:26:32.000
<v Speaker 8>I would point out that there are many family violence

0:26:32.040 --> 0:26:35.639
<v Speaker 8>incidents in this state every day that don't result in murder.

0:26:46.240 --> 0:26:49.320
<v Speaker 1>It's worth noting too that in the Operation Jundee report,

0:26:49.840 --> 0:26:53.760
<v Speaker 1>reference was made to the violent argument just before Amy's death,

0:26:54.200 --> 0:26:59.400
<v Speaker 1>but it stipulated that Amy was the aggressor and Simmons

0:26:59.680 --> 0:27:02.280
<v Speaker 1>the vicar. I'm still trying to get my head around that.

0:27:02.800 --> 0:27:06.040
<v Speaker 1>It also states there was no evidence to suggest this

0:27:06.119 --> 0:27:11.760
<v Speaker 1>account is unreliable and no apparent motive for Simmons to

0:27:11.800 --> 0:27:15.240
<v Speaker 1>want to kill Amy. Well put, simply, how the hell

0:27:15.280 --> 0:27:16.440
<v Speaker 1>do they come up with that opinion?

0:27:16.720 --> 0:27:19.600
<v Speaker 2>Well, because they weren't looking for one. Basically, the motive

0:27:19.760 --> 0:27:24.879
<v Speaker 2>came later. They only done a very perfunctory investigation at

0:27:24.920 --> 0:27:25.480
<v Speaker 2>this stage.

0:27:25.560 --> 0:27:27.560
<v Speaker 1>But there's no background at all on all the domestic

0:27:27.600 --> 0:27:29.680
<v Speaker 1>violent stuff. We know that we've been through that in

0:27:29.720 --> 0:27:33.639
<v Speaker 1>the last fifteen episodes up. Yeah, there's no real investigation

0:27:33.680 --> 0:27:36.080
<v Speaker 1>about their background. How can there be a decision made

0:27:36.080 --> 0:27:39.720
<v Speaker 1>about motive if you haven't done proper research into background

0:27:39.720 --> 0:27:43.080
<v Speaker 1>for anybody. If you've done no research into history of

0:27:43.119 --> 0:27:46.480
<v Speaker 1>a relationship full stop, not just domestic violence, but a

0:27:46.480 --> 0:27:48.960
<v Speaker 1>whole stake of other issues, how can you say there's

0:27:48.960 --> 0:27:51.320
<v Speaker 1>no motive for anything? Is if you don't if you

0:27:51.320 --> 0:27:52.560
<v Speaker 1>don't know what you know, If you don't know what

0:27:53.600 --> 0:27:57.879
<v Speaker 1>makes people tick within that relationship, whether it be between

0:27:58.040 --> 0:28:02.679
<v Speaker 1>them or wider family, extended family, close friends, If you

0:28:02.720 --> 0:28:05.399
<v Speaker 1>haven't done any of that background and any of that

0:28:05.560 --> 0:28:10.000
<v Speaker 1>historical research, how the hell can anybody say that there's

0:28:10.040 --> 0:28:13.840
<v Speaker 1>no motive, no apparent motive. Surely they teach that in

0:28:14.320 --> 0:28:16.800
<v Speaker 1>police training academy. Surely.

0:28:17.440 --> 0:28:20.400
<v Speaker 2>Yeah. Look, I don't know, Liam, I mean, well, one

0:28:20.440 --> 0:28:22.399
<v Speaker 2>thing I do know that they checked was whether there

0:28:22.480 --> 0:28:25.159
<v Speaker 2>being a reported domestic violence, and of course they hadn't.

0:28:25.280 --> 0:28:28.000
<v Speaker 2>But as you know, and as we outlined in the

0:28:28.040 --> 0:28:31.680
<v Speaker 2>last episode, eight out of ten incidents of domestic violence

0:28:31.680 --> 0:28:35.080
<v Speaker 2>aren't reported, you know, twenty percent are reported.

0:28:35.160 --> 0:28:37.800
<v Speaker 1>That's my whole point. But we are dealing with the people.

0:28:37.840 --> 0:28:40.040
<v Speaker 1>The people who are writing the report are the people

0:28:40.080 --> 0:28:43.000
<v Speaker 1>who are dealing with the domestic violence issues. Yeah, all

0:28:43.000 --> 0:28:45.560
<v Speaker 1>these thousands of issues that we've talked about in the States.

0:28:45.880 --> 0:28:47.040
<v Speaker 2>Yeah, so if.

0:28:46.920 --> 0:28:50.720
<v Speaker 1>Anyone should know anything about background and possible motives, it

0:28:50.760 --> 0:28:53.640
<v Speaker 1>should be them. There's also this sort of crime of passion,

0:28:54.040 --> 0:28:56.320
<v Speaker 1>which which we know can flare in an instant. But

0:28:56.600 --> 0:28:59.080
<v Speaker 1>if people are already sort of predisposed, if you know

0:28:59.080 --> 0:29:01.920
<v Speaker 1>what I mean, because of their their tendency to violence

0:29:01.920 --> 0:29:04.640
<v Speaker 1>in their backgrounds, I mean, there's all that and more so.

0:29:04.760 --> 0:29:06.880
<v Speaker 1>I mean, I just look at that one line, just

0:29:06.880 --> 0:29:11.160
<v Speaker 1>that one line for me to conclude no apparent motive

0:29:12.200 --> 0:29:14.280
<v Speaker 1>for Simmons to want to kill Amy, I mean to me,

0:29:14.520 --> 0:29:17.200
<v Speaker 1>I'm sorry, but that makes this the whole report on

0:29:17.440 --> 0:29:19.840
<v Speaker 1>Operation jun D is complete and utter joke.

0:29:20.360 --> 0:29:23.040
<v Speaker 2>Not to mention the thing that everyone knows, the most

0:29:23.120 --> 0:29:27.680
<v Speaker 2>dangerous time for a woman is when they're leaving. For

0:29:27.760 --> 0:29:30.920
<v Speaker 2>a woman in a relationship and a domestic violence relationship,

0:29:30.920 --> 0:29:34.479
<v Speaker 2>which of course the fight should have indicated that there

0:29:34.520 --> 0:29:38.040
<v Speaker 2>was domestic violence, just that fight beforehand, regardless of who

0:29:38.080 --> 0:29:41.320
<v Speaker 2>they thought was the aggressor, that's domestic violence. And the

0:29:41.360 --> 0:29:44.800
<v Speaker 2>most dangerous time is when the woman is leaving. So

0:29:45.240 --> 0:29:46.880
<v Speaker 2>that's not rocket science, is it.

0:29:46.920 --> 0:29:46.960
<v Speaker 6>No?

0:29:47.280 --> 0:29:50.120
<v Speaker 1>Well, unfortunately, there's a whole body of evidence to back

0:29:50.160 --> 0:29:54.120
<v Speaker 1>that up. There's a whole ton of research nationally and

0:29:54.200 --> 0:29:57.600
<v Speaker 1>internationally to back that up. So you're dead. Right back

0:29:57.640 --> 0:30:00.880
<v Speaker 1>to the inquest, So Senior Sergeant McDonald world is asked

0:30:00.960 --> 0:30:06.200
<v Speaker 1>if he considered the investigation to be thorough. Yes, accepting

0:30:06.520 --> 0:30:12.000
<v Speaker 1>al that an internal assessment of Operation Juhndee observed some criticism,

0:30:12.480 --> 0:30:16.240
<v Speaker 1>including the following here we go. There's four different points

0:30:16.360 --> 0:30:20.160
<v Speaker 1>of critique. Number one, a lack of scrutiny on the

0:30:20.160 --> 0:30:24.080
<v Speaker 1>location of the shotgun according to Simmonson Price when they

0:30:24.200 --> 0:30:26.920
<v Speaker 1>entered the room. Number two, the need for a more

0:30:26.920 --> 0:30:31.320
<v Speaker 1>comprehensive forensic analysis of the clothes and footwear that they wore.

0:30:31.880 --> 0:30:33.719
<v Speaker 1>What a surprise. They came to the same conclusion as

0:30:33.800 --> 0:30:39.480
<v Speaker 1>US three. Failure to undertake covert opportunities like telephone intercepts,

0:30:39.760 --> 0:30:43.959
<v Speaker 1>to which McDonald explained would only happen if he determined

0:30:44.000 --> 0:30:47.240
<v Speaker 1>it to be a homicide. It's interesting, isn't it. I

0:30:47.320 --> 0:30:50.880
<v Speaker 1>thought phone intercepts were used as a form of intelligence gathering,

0:30:51.280 --> 0:30:54.040
<v Speaker 1>not to justify a decision you'd already made.

0:30:54.200 --> 0:30:54.560
<v Speaker 2>Yeah.

0:30:54.600 --> 0:30:58.920
<v Speaker 1>Anyway, The last criticism, this is an internal criticism again

0:30:59.040 --> 0:31:01.360
<v Speaker 1>just to remind people, so it's not ours, it's the

0:31:01.360 --> 0:31:07.320
<v Speaker 1>polices that Detective McDonald, not Detective Sergeant Darryl Evans should

0:31:07.360 --> 0:31:11.440
<v Speaker 1>have compiled the final report. So that's a process thing

0:31:11.480 --> 0:31:15.120
<v Speaker 1>that they thought should have been one step out and

0:31:15.120 --> 0:31:17.240
<v Speaker 1>one step back basically for sort of more of an

0:31:17.280 --> 0:31:18.239
<v Speaker 1>independent look at it.

0:31:18.280 --> 0:31:21.120
<v Speaker 8>I think, Look, I think I can say in my

0:31:21.200 --> 0:31:25.520
<v Speaker 8>experience that I have never yet completed an investigation that

0:31:25.600 --> 0:31:28.040
<v Speaker 8>I couldn't have looked at later with the benefit of

0:31:28.120 --> 0:31:31.160
<v Speaker 8>hindsight and done differently or better.

0:31:31.520 --> 0:31:33.280
<v Speaker 3>And they would certainly be the case here.

0:31:33.840 --> 0:31:36.000
<v Speaker 8>But I don't believe that I'm aware of anything that

0:31:36.040 --> 0:31:39.800
<v Speaker 8>would change my opinion this time. There are other things

0:31:39.880 --> 0:31:42.680
<v Speaker 8>we might have done, but I don't believe that would

0:31:42.680 --> 0:31:44.840
<v Speaker 8>all to my view of what occurred.

0:31:49.680 --> 0:31:52.840
<v Speaker 2>Now you are aware of our listeners, aren't Liam. We

0:31:53.160 --> 0:31:56.800
<v Speaker 2>actually reached out to w Police about Operation Jenny, given

0:31:56.840 --> 0:31:59.719
<v Speaker 2>that they did do a review of Kirkman and Weedman

0:31:59.800 --> 0:32:02.960
<v Speaker 2>areter the inquest, and given this other evidence that has

0:32:03.000 --> 0:32:06.440
<v Speaker 2>come forth, including new evidence that we're about to bring

0:32:06.960 --> 0:32:10.920
<v Speaker 2>to light, they just didn't answer, basically refuse to answer.

0:32:10.920 --> 0:32:13.120
<v Speaker 2>I put them to the Commissioner, ilicted a whole bunch

0:32:13.160 --> 0:32:16.680
<v Speaker 2>of questions Operation Jundi and the handling of Amy's case

0:32:17.240 --> 0:32:21.520
<v Speaker 2>brought about by this new evidence that we've uncovered and

0:32:22.080 --> 0:32:25.080
<v Speaker 2>they just ignored me. So there you go. It shows

0:32:25.120 --> 0:32:28.720
<v Speaker 2>how important it is. They told me that we could

0:32:28.720 --> 0:32:31.480
<v Speaker 2>turn up to one of their doorstops anytime we want.

0:32:31.800 --> 0:32:33.880
<v Speaker 2>But when I asked them whether they could tell me

0:32:33.920 --> 0:32:36.600
<v Speaker 2>when they were or whether they could notify us, they

0:32:36.840 --> 0:32:38.880
<v Speaker 2>didn't get back to me about that either, So there

0:32:38.880 --> 0:32:41.920
<v Speaker 2>you go. That's the way it is.

0:32:42.160 --> 0:32:44.200
<v Speaker 1>But to see their invitation for us to turn up

0:32:44.240 --> 0:32:47.600
<v Speaker 1>at a door stop, which a lot of people would

0:32:47.640 --> 0:32:50.760
<v Speaker 1>recognize as sort of industry jargon, which is basically a

0:32:50.800 --> 0:32:55.240
<v Speaker 1>press conference that is set up by the particular people involved. Say,

0:32:55.280 --> 0:32:57.320
<v Speaker 1>for instance, here the police commissioner to talk about a

0:32:57.360 --> 0:32:59.960
<v Speaker 1>different subject because he's got some news for the assembled media,

0:33:00.800 --> 0:33:04.560
<v Speaker 1>and clearly it's not going to be about Amy Wensley's death.

0:33:05.040 --> 0:33:08.520
<v Speaker 1>So we turn up to the doorstop, and then we

0:33:08.600 --> 0:33:11.000
<v Speaker 1>wait for the assembled media to ask their other questions

0:33:11.000 --> 0:33:13.920
<v Speaker 1>about that particular issue on the day, and then we

0:33:13.960 --> 0:33:18.240
<v Speaker 1>ask the commissioner. And then, according to their communication and

0:33:18.280 --> 0:33:22.360
<v Speaker 1>correspondence with you, they are very very kindly, out of

0:33:22.400 --> 0:33:26.200
<v Speaker 1>the goodness of their heart, they deign to answer the questions.

0:33:26.560 --> 0:33:28.960
<v Speaker 1>But if there's not enough information, or if we are

0:33:29.000 --> 0:33:31.080
<v Speaker 1>asking too many questions. Then, of course it's easy for

0:33:31.160 --> 0:33:35.520
<v Speaker 1>us to look like we're bullying and hectoring the police commissioner.

0:33:35.640 --> 0:33:38.360
<v Speaker 1>So it's an interesting invitation. You know, it's not quite

0:33:38.640 --> 0:33:40.479
<v Speaker 1>what it seems on the surface. I just make that

0:33:40.520 --> 0:33:42.720
<v Speaker 1>point from an industry point of view, so that our

0:33:42.760 --> 0:33:45.000
<v Speaker 1>listeners know where we're coming from.

0:33:45.080 --> 0:33:47.960
<v Speaker 2>Yeah, we'd be lucky to get one question in it's Yeah.

0:33:48.200 --> 0:33:51.200
<v Speaker 1>To say it's disingenuine, I think is probably again a

0:33:51.240 --> 0:33:53.720
<v Speaker 1>massive understatement, but this case is full of understatements.

0:33:54.480 --> 0:33:59.959
<v Speaker 2>Let's continue. Under Cross's examination by rain Wade, Detective McDonald

0:34:00.240 --> 0:34:01.760
<v Speaker 2>struggled to justify this.

0:34:01.960 --> 0:34:04.640
<v Speaker 9>What consideration did you give to the positioning of the

0:34:04.680 --> 0:34:09.279
<v Speaker 9>firearm and how in the circumstances that was consistent with suicide?

0:34:09.480 --> 0:34:13.799
<v Speaker 8>Well, it is not inconsistent because it's the firearm is

0:34:13.880 --> 0:34:17.600
<v Speaker 8>still based on the evidence of witnesses within arm's reach

0:34:17.880 --> 0:34:21.680
<v Speaker 8>until it's moved. That is not inconsistent with suicide.

0:34:21.840 --> 0:34:25.560
<v Speaker 9>But you're forgetting a very important thing. According to the thesis.

0:34:25.600 --> 0:34:29.000
<v Speaker 9>At the time, Amy used her right hand to push

0:34:29.120 --> 0:34:33.120
<v Speaker 9>the figure back whilst holding the weapon with her left hand. Yes,

0:34:33.280 --> 0:34:36.320
<v Speaker 9>the recoil is away from her. How does the weapon

0:34:36.360 --> 0:34:39.400
<v Speaker 9>move against the recoil and into her lap facing upwards.

0:34:39.480 --> 0:34:40.480
<v Speaker 3>I don't see your point.

0:34:41.000 --> 0:34:43.960
<v Speaker 8>If she's holding it in this way and the recoil

0:34:44.400 --> 0:34:48.360
<v Speaker 8>drives it down, it could conceivably hit the floor and bounce.

0:34:49.320 --> 0:34:51.640
<v Speaker 8>I have no idea to tell you how exactly it

0:34:51.640 --> 0:34:52.840
<v Speaker 8>wound up in this position.

0:34:54.520 --> 0:34:55.200
<v Speaker 3>We don't know that.

0:34:55.600 --> 0:34:58.160
<v Speaker 9>Did you at any point think that possibly there was

0:34:58.200 --> 0:35:01.920
<v Speaker 9>some utility in getting a blis expert just to comment

0:35:02.239 --> 0:35:04.880
<v Speaker 9>on one matter, and that is, if Amy used the

0:35:04.880 --> 0:35:07.759
<v Speaker 9>weapon from her right to kill herself, whether it was

0:35:07.800 --> 0:35:10.000
<v Speaker 9>in any way possible for that weapon to end up

0:35:10.000 --> 0:35:10.560
<v Speaker 9>in a lap.

0:35:10.880 --> 0:35:11.080
<v Speaker 3>No.

0:35:11.239 --> 0:35:14.880
<v Speaker 9>I didn't consider that necessary with hindsight. Do you accept

0:35:14.960 --> 0:35:16.640
<v Speaker 9>that's a fairly basic inquirity?

0:35:16.760 --> 0:35:16.960
<v Speaker 10>No.

0:35:17.560 --> 0:35:20.040
<v Speaker 8>I think the decisions I made were based on the

0:35:20.080 --> 0:35:22.680
<v Speaker 8>evidence we had at the time, and I think they

0:35:22.680 --> 0:35:23.440
<v Speaker 8>were reasonable.

0:35:24.160 --> 0:35:28.640
<v Speaker 9>I don't you know you custom McDonald, please answer my question.

0:35:29.440 --> 0:35:32.360
<v Speaker 9>Is that a fairly basic inquirity to ask an expert

0:35:32.960 --> 0:35:35.960
<v Speaker 9>what are the characteristics of a firearm in recoil after

0:35:36.000 --> 0:35:36.839
<v Speaker 9>it's discharged.

0:35:37.040 --> 0:35:40.160
<v Speaker 8>Well, that's why we had forensic ballistics officers involved with

0:35:40.200 --> 0:35:44.400
<v Speaker 8>the job to provide that advice. Now, that doesn't necessarily

0:35:44.480 --> 0:35:48.239
<v Speaker 8>mean I have to pursue independent advice. If I'm satisfied

0:35:48.280 --> 0:35:50.600
<v Speaker 8>of the advice I got from the ballistics officer at

0:35:50.640 --> 0:35:52.000
<v Speaker 8>the time, which I did.

0:35:52.280 --> 0:35:55.160
<v Speaker 9>That question has never been asked or answered by anyone

0:35:55.160 --> 0:35:58.479
<v Speaker 9>from ballistics, and there is no evidence, no decision log,

0:35:58.920 --> 0:36:00.880
<v Speaker 9>nothing to support that occurred.

0:36:01.040 --> 0:36:02.880
<v Speaker 3>Then I can't explain why that is.

0:36:03.000 --> 0:36:07.040
<v Speaker 9>Today and applying common sense, do you understand the difficulty

0:36:07.080 --> 0:36:10.399
<v Speaker 9>that the family has with a construction of suicide where

0:36:10.400 --> 0:36:12.160
<v Speaker 9>the weapon ends up in Amy's lap?

0:36:12.360 --> 0:36:15.719
<v Speaker 8>Well, they may not agree with the findings and they

0:36:15.760 --> 0:36:17.640
<v Speaker 8>may not be that's not up with it.

0:36:17.760 --> 0:36:19.120
<v Speaker 3>Well, I don't agree.

0:36:19.360 --> 0:36:22.480
<v Speaker 8>I think those explanations are not The explanation or the

0:36:22.520 --> 0:36:25.520
<v Speaker 8>lack of an explanation does not make a criminal or

0:36:25.560 --> 0:36:28.839
<v Speaker 8>suggest it is anything else. If you don't have an

0:36:28.840 --> 0:36:31.480
<v Speaker 8>answer to the question, you may not have the answer

0:36:31.480 --> 0:36:34.480
<v Speaker 8>to the question. You may not be able to answer

0:36:34.520 --> 0:36:37.760
<v Speaker 8>those questions. That doesn't make it criminal or anything else.

0:36:37.880 --> 0:36:41.200
<v Speaker 9>But mister McDonald, I'm not suggesting any of that, and

0:36:41.280 --> 0:36:44.120
<v Speaker 9>I know you're not a forensic expert, but her honor

0:36:44.440 --> 0:36:47.000
<v Speaker 9>needs to make those findings in due course with reference

0:36:47.000 --> 0:36:50.160
<v Speaker 9>to who are forensic experts? What I need from you

0:36:50.480 --> 0:36:53.759
<v Speaker 9>with reference to the issue of how Surah this investigation

0:36:54.000 --> 0:36:57.040
<v Speaker 9>was in a very simple answer, as you sit here today,

0:36:57.360 --> 0:37:00.200
<v Speaker 9>do you have even a late person's explanation as to

0:37:00.239 --> 0:37:02.880
<v Speaker 9>how a firearm in the nature of a shotgun would

0:37:02.880 --> 0:37:06.960
<v Speaker 9>move against its own recoil forward into Amy's lap given

0:37:07.000 --> 0:37:09.880
<v Speaker 9>your hypothesis of suicide.

0:37:09.320 --> 0:37:10.920
<v Speaker 3>I have no explanation for that.

0:37:11.160 --> 0:37:15.840
<v Speaker 1>I mean, even when independent advice is sought and the

0:37:15.920 --> 0:37:22.160
<v Speaker 1>finding three independent experts all rule out suicide and basically

0:37:22.200 --> 0:37:25.960
<v Speaker 1>conclude homicide. They conclude that a third party is involved,

0:37:25.960 --> 0:37:29.919
<v Speaker 1>that Amy could not have shot herself major crime. Now,

0:37:29.960 --> 0:37:33.879
<v Speaker 1>the homicide unit refused to give it any weight, so

0:37:33.960 --> 0:37:36.360
<v Speaker 1>I'm just saying, oh, no wonder. Amy Wensley's family is

0:37:36.440 --> 0:37:41.239
<v Speaker 1>very cynical about WA Police acting with integrity in this

0:37:41.280 --> 0:37:42.080
<v Speaker 1>new investigation.

0:37:42.680 --> 0:37:45.600
<v Speaker 2>So WA Police has a running sheet on Amy's death

0:37:45.800 --> 0:37:49.720
<v Speaker 2>which is constantly updated. In the early stages, the only

0:37:49.760 --> 0:37:53.840
<v Speaker 2>documents listed were witness statements from David Simmons and Gareth

0:37:53.920 --> 0:37:57.439
<v Speaker 2>Price and a report from the Mandura Family Protection Unit

0:37:57.640 --> 0:38:02.120
<v Speaker 2>following a meeting with Amy's mum c Kirk. The officer

0:38:02.239 --> 0:38:06.320
<v Speaker 2>initially in charge of the coronial investigation was Detective Senior

0:38:06.360 --> 0:38:08.480
<v Speaker 2>Constable An Lahane.

0:38:09.920 --> 0:38:13.080
<v Speaker 11>Good afternoon, I've been assigned to the Amy Wensley file,

0:38:13.200 --> 0:38:15.640
<v Speaker 11>and I'm just going through all the documentation that has

0:38:15.680 --> 0:38:17.200
<v Speaker 11>been sent to CiU.

0:38:17.719 --> 0:38:20.480
<v Speaker 2>This is an email from Detective Lahane on the twentieth

0:38:20.520 --> 0:38:26.399
<v Speaker 2>of August twenty fourteen. CiU is the Coronial Investigation Unit.

0:38:26.840 --> 0:38:31.040
<v Speaker 11>I'm chasing the biomechanics report and or any forensic documentation

0:38:31.400 --> 0:38:34.799
<v Speaker 11>by the relative forensics personnel. Regards Ann.

0:38:36.200 --> 0:38:38.560
<v Speaker 2>She receives this response.

0:38:38.400 --> 0:38:40.880
<v Speaker 12>Hi, Ann, everything we have would be in the case

0:38:40.880 --> 0:38:44.480
<v Speaker 12>files you have been provided. Forensics keep and compile all

0:38:44.520 --> 0:38:45.680
<v Speaker 12>of their own notes.

0:38:45.360 --> 0:38:45.840
<v Speaker 1>Et cetera.

0:38:46.480 --> 0:38:49.759
<v Speaker 12>To my knowledge, no report was ever generated by forensics

0:38:49.760 --> 0:38:54.160
<v Speaker 12>regarding the biomechanics. Detective Deandrilly from this office attended and

0:38:54.200 --> 0:38:58.239
<v Speaker 12>performed the biomechanics part of the examination. They provided their

0:38:58.280 --> 0:39:01.719
<v Speaker 12>opinion on site that deceased was easily capable of inflicting

0:39:01.719 --> 0:39:04.919
<v Speaker 12>the injury with the subject firearm herself. You could ask

0:39:04.960 --> 0:39:08.719
<v Speaker 12>them for a report if required. Regards Cameron Blaine.

0:39:09.040 --> 0:39:11.760
<v Speaker 1>Now there's an interesting name. You might remember the name,

0:39:12.200 --> 0:39:15.160
<v Speaker 1>Cameron Blaine. You certainly would if you're a West Australian,

0:39:15.200 --> 0:39:20.279
<v Speaker 1>because Cameron Blaine was the officer filmed rescuing missing four

0:39:20.360 --> 0:39:25.440
<v Speaker 1>year old Cleo Smith up in Carnarvon in Remote Wa

0:39:25.520 --> 0:39:28.040
<v Speaker 1>in twenty twenty one, but then he lost his job

0:39:28.480 --> 0:39:32.160
<v Speaker 1>after being a hero. He got the boot after allegedly

0:39:32.239 --> 0:39:36.200
<v Speaker 1>leaking information about the case to a journalist that he

0:39:36.360 --> 0:39:43.440
<v Speaker 1>was seeing or trying to see emotionally. Now, Detective Lahaine

0:39:43.920 --> 0:39:47.040
<v Speaker 1>was told in no uncertain terms by the homicide squad

0:39:47.320 --> 0:39:52.080
<v Speaker 1>that Amy Wensley's death was non suspicious, and there was

0:39:52.120 --> 0:39:57.239
<v Speaker 1>a clear expectation from that squad from her superiors that

0:39:57.320 --> 0:40:01.000
<v Speaker 1>she would come to the same conclusion as them in

0:40:01.040 --> 0:40:05.440
<v Speaker 1>her investigation. She followed up with the key experts already involved,

0:40:05.600 --> 0:40:10.359
<v Speaker 1>like pathologist doctor Amy Spark. Doctor Spark performed the autopsy

0:40:10.560 --> 0:40:11.520
<v Speaker 1>on Amy Wensley.

0:40:12.040 --> 0:40:13.440
<v Speaker 4>Good afternoon, doctor Spark.

0:40:14.120 --> 0:40:16.520
<v Speaker 11>I have previously sent an email in relation to the

0:40:16.520 --> 0:40:20.239
<v Speaker 11>post mortem report for the deceased Amy Wensley, although at

0:40:20.280 --> 0:40:23.040
<v Speaker 11>the time I replied that it didn't need to be prioritized.

0:40:23.600 --> 0:40:26.160
<v Speaker 11>Could this now be bumped up the list? I know

0:40:26.200 --> 0:40:29.320
<v Speaker 11>you are extremely busy, but any assistants expediting the report

0:40:29.360 --> 0:40:30.680
<v Speaker 11>would be greatly appreciated.

0:40:31.120 --> 0:40:36.280
<v Speaker 2>Kind regards and Detective Lahine also met with Amy's mum,

0:40:36.560 --> 0:40:41.800
<v Speaker 2>Nancy kirk She liaised with detectives Kirkman and Weedman sought

0:40:41.880 --> 0:40:46.040
<v Speaker 2>second opinions and chased up forensic reports she thought had

0:40:46.040 --> 0:40:50.640
<v Speaker 2>been undertaken. That seems like an actual investigation.

0:40:50.200 --> 0:40:55.239
<v Speaker 1>Lamb exactly, asking questions, delving a bit further, digging a

0:40:55.280 --> 0:40:59.279
<v Speaker 1>little bit further, trying to get behind the veneer. It

0:40:59.320 --> 0:41:00.640
<v Speaker 1>sounds like she did did a great job.

0:41:01.040 --> 0:41:05.360
<v Speaker 11>Queried the availability of a biomechanics report. Senior Constable Meeks

0:41:05.480 --> 0:41:09.000
<v Speaker 11>and Senior Constable Inskip attended the post mortem with a

0:41:09.040 --> 0:41:12.520
<v Speaker 11>firearm that was the same type, shape and size as

0:41:12.520 --> 0:41:16.520
<v Speaker 11>the firearm used in the incident. Meeks and Inskip conducted

0:41:16.600 --> 0:41:19.839
<v Speaker 11>an analysis and deducted that the deceased was capable of

0:41:19.920 --> 0:41:23.840
<v Speaker 11>using the firearm with either hand and inflicting the wound sustained.

0:41:24.680 --> 0:41:29.040
<v Speaker 11>There is no biomechanics report. The analysis was conducted during

0:41:29.080 --> 0:41:33.360
<v Speaker 11>the post mortem. Senior Constable Meeks believes the analysis slush

0:41:33.400 --> 0:41:36.880
<v Speaker 11>examination should be detailed in the post mortem by the pathologist.

0:41:37.600 --> 0:41:41.720
<v Speaker 11>If not detailed by the pathologist, Senior Constable Meeks willing

0:41:41.760 --> 0:41:45.040
<v Speaker 11>to provide a report as to the examination conducted.

0:41:45.840 --> 0:41:50.000
<v Speaker 2>Despite directions to treat Amy's death as non suspicious, Detective

0:41:50.040 --> 0:41:54.719
<v Speaker 2>Lahyne wasn't buying it, and on twentieth of March twenty fifteen,

0:41:55.000 --> 0:41:59.360
<v Speaker 2>she alerted her boss, Detective Sergeant Alex West, that the

0:41:59.400 --> 0:42:01.719
<v Speaker 2>evidence just didn't add up.

0:42:02.040 --> 0:42:04.600
<v Speaker 11>Ballistics have stated they took a number of measurements and

0:42:04.680 --> 0:42:07.399
<v Speaker 11>utilized a similar firearm to show that at the time

0:42:07.440 --> 0:42:10.320
<v Speaker 11>of the post mortem that both arms could be maneuvered

0:42:10.360 --> 0:42:13.960
<v Speaker 11>to utilize the firearm, but this does not determine that

0:42:14.080 --> 0:42:16.480
<v Speaker 11>at the time of the incident the decease was able

0:42:16.520 --> 0:42:20.280
<v Speaker 11>to use either arm, as the body reacts differently prior slush.

0:42:20.320 --> 0:42:24.359
<v Speaker 11>Post death forensics have stated that the measurements obtained would

0:42:24.400 --> 0:42:26.799
<v Speaker 11>have to be forwarded to a physiologist to make a

0:42:26.840 --> 0:42:30.520
<v Speaker 11>qualified determination that the deceased could have used either arm

0:42:30.560 --> 0:42:32.240
<v Speaker 11>to utilize the firearm.

0:42:33.239 --> 0:42:35.760
<v Speaker 2>And so a meeting with the forensics division was held

0:42:35.800 --> 0:42:39.440
<v Speaker 2>on the fourteenth of April twenty fifteen, which determined that

0:42:39.600 --> 0:42:45.320
<v Speaker 2>Detective Anne Lahane create a matrix outlining any inconsistencies highlighted

0:42:45.400 --> 0:42:50.839
<v Speaker 2>during the investigation, starting with an undertaking of a biomechanics examination.

0:42:51.560 --> 0:42:56.239
<v Speaker 11>Eighth of July twenty fifteen a review. Hello, Brad and Michelle.

0:42:56.719 --> 0:42:59.400
<v Speaker 11>I've received the report in relation to the blood analysis

0:42:59.400 --> 0:43:02.799
<v Speaker 11>conducted on the lower clothing. I have conducted inquiries with

0:43:02.880 --> 0:43:06.200
<v Speaker 11>Royal Perth Hospital in relation to whether the deceased experienced

0:43:06.280 --> 0:43:10.080
<v Speaker 11>any mobility issues due to the car accident and subsequent

0:43:10.239 --> 0:43:13.920
<v Speaker 11>C two fracture she suffered in January twenty thirteen. R

0:43:14.000 --> 0:43:17.640
<v Speaker 11>p H letter attached the last paragraph states that the

0:43:17.640 --> 0:43:22.280
<v Speaker 11>decease reported no ongoing symptomology and no physical such movement

0:43:22.360 --> 0:43:26.760
<v Speaker 11>restrictions noted as per discussions held on thirtieth of April

0:43:26.760 --> 0:43:31.800
<v Speaker 11>twenty fifteen with the Forensic Division and Detective Inspector George Macintosh,

0:43:32.239 --> 0:43:34.560
<v Speaker 11>are you able to progress with the appropriate testing in

0:43:34.640 --> 0:43:37.400
<v Speaker 11>order to determine the viability of the deceased having an

0:43:37.440 --> 0:43:43.040
<v Speaker 11>ability to inflict the wound I e. Biomechanics kind regards Ann.

0:43:45.360 --> 0:43:49.200
<v Speaker 1>In the meantime, Detective Lahane also contacted Stephen Brown Lawyers,

0:43:49.440 --> 0:43:54.480
<v Speaker 1>which confirmed Amy as a client. Now. In May twenty fourteen,

0:43:54.520 --> 0:43:57.600
<v Speaker 1>not long before her death, Amy attended an appraisal with

0:43:57.640 --> 0:44:01.400
<v Speaker 1>doctor Peter Watson from Sin John of gott Hospit. Amy

0:44:01.440 --> 0:44:05.360
<v Speaker 1>told them she was unable to undertake an employment position

0:44:05.880 --> 0:44:09.839
<v Speaker 1>that she had applied for prior to the accident. That's

0:44:09.880 --> 0:44:13.160
<v Speaker 1>the car accident with Simmons Now. Around the same time,

0:44:13.200 --> 0:44:17.720
<v Speaker 1>the state government insurance Commissioner SGIC, which is no longer

0:44:17.760 --> 0:44:19.920
<v Speaker 1>known as the SGIC, It's now known as the Insurance

0:44:19.920 --> 0:44:25.520
<v Speaker 1>Business Australia sent David Simmons a crash report to complete,

0:44:25.680 --> 0:44:29.440
<v Speaker 1>but it was never completed, so they appointed an investigator,

0:44:29.480 --> 0:44:34.000
<v Speaker 1>a guy called Stephen Carozzi now mister Carozzi obtained a

0:44:34.040 --> 0:44:37.680
<v Speaker 1>statement from David Simmons, who had lodged a motor vehicle

0:44:37.800 --> 0:44:42.840
<v Speaker 1>claim with Amy Wensley sustaining injuries as a result of

0:44:42.840 --> 0:44:48.279
<v Speaker 1>that crash. Simmons did have third party insurance, but the

0:44:48.360 --> 0:44:52.720
<v Speaker 1>SGIC did not have any other details relating to the claim. Now.

0:44:52.960 --> 0:44:56.359
<v Speaker 1>In June twenty fourteen, Stephen Brown Lawyers received a call

0:44:56.440 --> 0:45:00.920
<v Speaker 1>from a former client who knew the deceased Amy and

0:45:01.080 --> 0:45:05.360
<v Speaker 1>advised that she had been quote killed by her partner.

0:45:06.239 --> 0:45:09.959
<v Speaker 1>Stephen Brown Lawyers told Detective Lahyne they'd never had any

0:45:10.040 --> 0:45:14.560
<v Speaker 1>contact with David Simmons and advised the claim entitlement had

0:45:14.600 --> 0:45:19.919
<v Speaker 1>ceased when Amy died. However, experts trying to ascertain whether

0:45:20.000 --> 0:45:24.400
<v Speaker 1>Amy's injury would have also impeded her ability to shoot

0:45:24.440 --> 0:45:28.759
<v Speaker 1>herself were concerned that WA police did not take that

0:45:28.920 --> 0:45:32.920
<v Speaker 1>into consideration, which is quite astounding, isn't it. Here's an

0:45:32.920 --> 0:45:36.480
<v Speaker 1>email to Detective L. Hayne from forensic consultant and the

0:45:36.520 --> 0:45:41.040
<v Speaker 1>manager of Quality Assurance, Mark Reynolds, dated fifth of August

0:45:41.160 --> 0:45:42.760
<v Speaker 1>twenty fifteen.

0:45:43.000 --> 0:45:46.759
<v Speaker 13>And Kylie, thanks to the report and whilst I appreciate

0:45:47.080 --> 0:45:49.760
<v Speaker 13>on the surf as it appears to indicate that following

0:45:49.800 --> 0:45:54.520
<v Speaker 13>the C two spinal injury there was apparently no mobility restrictions.

0:45:54.880 --> 0:45:58.040
<v Speaker 13>Can you please tell exactly what was asked of doctor

0:45:58.120 --> 0:46:01.520
<v Speaker 13>Weeks when they did testing. I assume they did some

0:46:01.719 --> 0:46:06.320
<v Speaker 13>that resulted in the comment no physical movement restrictions were noted?

0:46:06.800 --> 0:46:11.240
<v Speaker 13>Did the test indicate holding a shotgun horizontally to one's head?

0:46:11.840 --> 0:46:15.480
<v Speaker 13>Was Weeks told of the specific questions we wanted answered?

0:46:15.960 --> 0:46:18.000
<v Speaker 13>Sorry to bug you, but the hair on the back

0:46:18.040 --> 0:46:21.920
<v Speaker 13>of my neck read this one won't go down, Mark Reynolds.

0:46:22.360 --> 0:46:25.200
<v Speaker 2>About a month prior to this, Doctor Reynolds sent this

0:46:25.320 --> 0:46:30.080
<v Speaker 2>email to Detective Sergeants Brad Nind and Garith Waits see

0:46:30.120 --> 0:46:34.719
<v Speaker 2>seeing in Detective Senior Sergeant John Robertson, gents.

0:46:35.080 --> 0:46:37.359
<v Speaker 13>I reviewed the BPA on this matter, but and yet

0:46:37.400 --> 0:46:41.000
<v Speaker 13>to complete the formal report. I've had to reprioritize this

0:46:41.080 --> 0:46:45.360
<v Speaker 13>matter behind the BPA report for Operation Marino trial August

0:46:45.400 --> 0:46:49.120
<v Speaker 13>sixteen and the trial of four police officers commencing in

0:46:49.160 --> 0:46:52.960
<v Speaker 13>Sydney twenty six to the fourth twenty sixteen, for which

0:46:53.120 --> 0:46:56.960
<v Speaker 13>I am prosecution witness. I will complete the report asap

0:46:57.000 --> 0:47:00.279
<v Speaker 13>following my evidence in New South Wales. What I can

0:47:00.360 --> 0:47:03.799
<v Speaker 13>say is that the BPA evidence supports the deceased as

0:47:03.880 --> 0:47:06.880
<v Speaker 13>being shot in the position found with little or no

0:47:07.040 --> 0:47:12.560
<v Speaker 13>movement of her following the injury infliction. Regards Mark Reynolds,

0:47:13.000 --> 0:47:15.200
<v Speaker 13>APM PhD.

0:47:15.480 --> 0:47:19.600
<v Speaker 2>Here's an excerpt from doctor Reynolds Bloodstained Patent Analyst report

0:47:19.680 --> 0:47:24.160
<v Speaker 2>he prepared for the coroner, dated eighteenth of May twenty sixteen.

0:47:24.560 --> 0:47:28.480
<v Speaker 13>Blood flows can be seen originating from the ear, nose, mouth,

0:47:28.600 --> 0:47:32.399
<v Speaker 13>and injury of Wensley. The path of the flows from

0:47:32.440 --> 0:47:36.160
<v Speaker 13>those areas are downwards and essentially parallel to each other,

0:47:36.520 --> 0:47:42.360
<v Speaker 13>indicating that their direction has been driven by gravity. Furthermore,

0:47:42.600 --> 0:47:47.239
<v Speaker 13>little apparent deviation from the vertical and parallel configuration is

0:47:47.320 --> 0:47:51.640
<v Speaker 13>seen in any of these blood flows, indicating that at

0:47:51.680 --> 0:47:54.759
<v Speaker 13>the time of flow, there has been little or no

0:47:55.000 --> 0:47:59.200
<v Speaker 13>movement of Wensley's head from its position as seen in

0:47:59.239 --> 0:48:03.480
<v Speaker 13>the photographic record. Saturation blood stains are seen on the

0:48:03.520 --> 0:48:07.400
<v Speaker 13>clothing of Wensley, and a pooled accumulation of blood is

0:48:07.440 --> 0:48:13.120
<v Speaker 13>present on the carpet adjacent to her body. Conclusions one,

0:48:13.239 --> 0:48:17.080
<v Speaker 13>at the time of the injury infliction, Wensley's body was

0:48:17.080 --> 0:48:22.160
<v Speaker 13>in the position and configuration or near position and configuration

0:48:22.680 --> 0:48:27.080
<v Speaker 13>as seen in the photographic record. Two, at the time

0:48:27.120 --> 0:48:31.200
<v Speaker 13>of injury infliction, Wensley's head was in the position or

0:48:31.360 --> 0:48:36.360
<v Speaker 13>near position as seen in the photographic record. And three,

0:48:36.560 --> 0:48:41.960
<v Speaker 13>Whilst the specific configuration of the contacting surface responsible for

0:48:42.080 --> 0:48:46.080
<v Speaker 13>the deposition of some of the transferred blunt stains seen

0:48:46.120 --> 0:48:49.920
<v Speaker 13>on the curved surfaces of the barrels cannot be determined,

0:48:50.520 --> 0:48:53.920
<v Speaker 13>the color, shape, and positioning of the blood stains is

0:48:53.960 --> 0:48:58.280
<v Speaker 13>suggestive of a surface that was flexible and or yielding.

0:48:58.760 --> 0:49:02.200
<v Speaker 2>Three years later, on the thirty first of March twenty nineteen,

0:49:02.800 --> 0:49:08.120
<v Speaker 2>forensic Field Operation Sergeant Brett mccantz made a similar finding.

0:49:08.400 --> 0:49:11.880
<v Speaker 13>Weinsley has not moved or been moved from this location

0:49:12.440 --> 0:49:14.560
<v Speaker 13>post injury infliction.

0:49:14.840 --> 0:49:18.319
<v Speaker 1>So al When Professor Timothy Ackland reconstructed a simulation to

0:49:18.400 --> 0:49:20.719
<v Speaker 1>test whether or not it was possible that Amy could

0:49:20.760 --> 0:49:24.400
<v Speaker 1>have killed herself, he observed that the model representing Amy

0:49:24.840 --> 0:49:29.240
<v Speaker 1>couldn't quote hold up the gun even with both hands.

0:49:29.560 --> 0:49:31.680
<v Speaker 1>He noted that the model found it difficult to place

0:49:31.719 --> 0:49:36.080
<v Speaker 1>the gun in a position with the slightwood downward trajectory

0:49:36.120 --> 0:49:38.360
<v Speaker 1>in which the bullet entered Amy's right temple.

0:49:38.600 --> 0:49:40.840
<v Speaker 10>Detectives at the scene on the evening of the incident

0:49:40.880 --> 0:49:43.520
<v Speaker 10>suggested that the deceased could have held and fired the

0:49:43.560 --> 0:49:46.440
<v Speaker 10>gun with her left hand, either with or without the

0:49:46.440 --> 0:49:49.560
<v Speaker 10>assistance of her right hand. As seen in Figures twenty

0:49:49.600 --> 0:49:52.440
<v Speaker 10>and twenty one. The model struggles to hold the gun

0:49:52.719 --> 0:49:55.120
<v Speaker 10>and her head in an orientation that matches the post

0:49:55.160 --> 0:49:58.000
<v Speaker 10>has shown in figure one and consistent with the orientation

0:49:58.080 --> 0:50:00.520
<v Speaker 10>of the deceased. Injuries to her head and to face,

0:50:00.960 --> 0:50:03.160
<v Speaker 10>as well as blood spatter marks on the wall to

0:50:03.200 --> 0:50:06.080
<v Speaker 10>the left side of her head, even with the assistance

0:50:06.120 --> 0:50:08.760
<v Speaker 10>of her right hand. When one views the video footage,

0:50:08.800 --> 0:50:11.560
<v Speaker 10>the model is heard to report how awkward the position

0:50:11.760 --> 0:50:14.080
<v Speaker 10>is and how difficult it was to hold the gun,

0:50:14.200 --> 0:50:16.880
<v Speaker 10>let alone pull The trigger. Weight or mass of the

0:50:16.920 --> 0:50:19.759
<v Speaker 10>gun is six point three nine one pounds or two

0:50:19.840 --> 0:50:23.680
<v Speaker 10>point eight nine kilograms free recall energy. Considering the weights

0:50:23.719 --> 0:50:26.760
<v Speaker 10>of the shot, what and powder in the cartridge equals

0:50:26.800 --> 0:50:28.440
<v Speaker 10>eight point seven pounds.

0:50:28.440 --> 0:50:32.120
<v Speaker 1>And Professor Acklin concludes, if what Price says about the

0:50:32.160 --> 0:50:34.280
<v Speaker 1>location of the gun is correct, then.

0:50:34.640 --> 0:50:37.239
<v Speaker 10>My conclusion remains that the gun was placed there by

0:50:37.239 --> 0:50:39.800
<v Speaker 10>a person other than the deceased.

0:50:39.600 --> 0:50:41.960
<v Speaker 1>So the left hand couldn't have been used, neither could

0:50:41.960 --> 0:50:42.640
<v Speaker 1>the right hand.

0:50:42.840 --> 0:50:45.800
<v Speaker 10>Given a scenario whereby the decease shot herself by holding

0:50:45.840 --> 0:50:48.440
<v Speaker 10>the barrel against her right temple using her left hand,

0:50:48.840 --> 0:50:52.880
<v Speaker 10>then orientating the gun horizontally and near perpendicularly to the

0:50:52.920 --> 0:50:55.719
<v Speaker 10>side of her head, and finally pushing the trigger with

0:50:55.760 --> 0:50:59.200
<v Speaker 10>her right hand, where would the gun end up after discharge?

0:50:59.520 --> 0:51:03.280
<v Speaker 10>According to my calculations above, and with the assumptions as stated,

0:51:03.760 --> 0:51:06.040
<v Speaker 10>I estimate the gun would have come to rest some

0:51:06.080 --> 0:51:09.520
<v Speaker 10>twenty one centimeters away from the deceased hand, landing on

0:51:09.560 --> 0:51:13.200
<v Speaker 10>the carpet, with the barrel pointing toward the victim. In

0:51:13.239 --> 0:51:16.000
<v Speaker 10>no way does this position relate to the photographs or

0:51:16.120 --> 0:51:18.879
<v Speaker 10>our attempt to recreate elements of the witness statement by

0:51:18.920 --> 0:51:19.560
<v Speaker 10>mister Price.

0:51:20.080 --> 0:51:23.879
<v Speaker 1>Now at the inquest, Major Crime Division Detective Superintendent Rob

0:51:23.960 --> 0:51:28.480
<v Speaker 1>Scantlebury backed Detective McDonald's conclusion that they could not place

0:51:28.560 --> 0:51:31.839
<v Speaker 1>anyone else in the room with Amy. However, that's only

0:51:31.840 --> 0:51:35.880
<v Speaker 1>if they ignore Neya's evidence and the gun's location, because

0:51:35.920 --> 0:51:37.840
<v Speaker 1>it had to have been placed where it was found,

0:51:38.320 --> 0:51:40.440
<v Speaker 1>not that it was possible for her to shoot herself.

0:51:40.440 --> 0:51:43.360
<v Speaker 10>Anyway, If mister Price, as the first person who have

0:51:43.480 --> 0:51:46.360
<v Speaker 10>entered the room after mister d. Simmons, has stated the

0:51:46.400 --> 0:51:49.799
<v Speaker 10>location of the gun truthfully, then my conclusion remains that

0:51:49.840 --> 0:51:52.200
<v Speaker 10>the gun was placed there by a person other than

0:51:52.239 --> 0:51:57.040
<v Speaker 10>the deceased. Dr Timothy Ackland, PhD, Professor of Applied Anatomy

0:51:57.080 --> 0:52:01.640
<v Speaker 10>and Biomechanics, the University of Wa, fourteen August twenty eighteen.

0:52:15.760 --> 0:52:18.480
<v Speaker 1>So we'll be speaking to Professor Acklin next episode, and

0:52:18.680 --> 0:52:22.320
<v Speaker 1>that's a fascinating interview with Professor Acklin. He's very confident

0:52:22.560 --> 0:52:26.680
<v Speaker 1>with his conclusion, even today, with the limitations of what

0:52:26.920 --> 0:52:31.080
<v Speaker 1>a reconstructed crime scene brings, he is very very confident.

0:52:31.560 --> 0:52:33.760
<v Speaker 1>Of course, by the time his evidence came through, Detective

0:52:33.800 --> 0:52:38.399
<v Speaker 1>Senior Constable and Lahane had left the coronial investigation unit.

0:52:38.840 --> 0:52:41.759
<v Speaker 2>It's understood her relocation had nothing to do with the

0:52:41.760 --> 0:52:45.080
<v Speaker 2>way she conducted her investigation, but the fact she refused

0:52:45.080 --> 0:52:49.400
<v Speaker 2>to treat Amy's death as non suspicious certainly ruffled some feathers.

0:52:50.120 --> 0:52:53.200
<v Speaker 2>At one stage, she was severely reprimanded by a higher

0:52:53.280 --> 0:52:57.080
<v Speaker 2>ranking detective Lamb in major crime. He was so angry

0:52:57.160 --> 0:53:00.320
<v Speaker 2>and stood so close to her that she remembered feeling

0:53:00.360 --> 0:53:04.800
<v Speaker 2>he spit on her face. She says her decision killed

0:53:04.840 --> 0:53:07.719
<v Speaker 2>her career at w A police. Are you surprised by that?

0:53:07.960 --> 0:53:09.040
<v Speaker 1>Incredible, isn't it?

0:53:09.520 --> 0:53:09.640
<v Speaker 11>Well?

0:53:09.760 --> 0:53:11.919
<v Speaker 1>Well, I actually am surprised because you've got a person

0:53:11.960 --> 0:53:16.360
<v Speaker 1>here who's who's very committed, very professional in her approach

0:53:16.760 --> 0:53:20.360
<v Speaker 1>to everything, successful because of it to a certain point,

0:53:21.120 --> 0:53:24.720
<v Speaker 1>as she says, you know she's intimating she obviously didn't

0:53:24.719 --> 0:53:28.200
<v Speaker 1>go past that point because she stood her ground based

0:53:28.200 --> 0:53:33.280
<v Speaker 1>on professional analysis, which just goes to prove it's very sad. Actually,

0:53:33.320 --> 0:53:36.320
<v Speaker 1>I think it's just goes to prove again the layers

0:53:36.440 --> 0:53:39.399
<v Speaker 1>of politics involved in this. I mean, if someone came

0:53:39.440 --> 0:53:41.600
<v Speaker 1>to you and said the sort of stuff we've heard

0:53:41.640 --> 0:53:46.560
<v Speaker 1>from from Detective Lahayne, you know, you know, to form

0:53:46.600 --> 0:53:51.320
<v Speaker 1>a view that police are willing to throw these tier

0:53:51.440 --> 0:53:56.040
<v Speaker 1>one crimes under the carpet for the sake of political

0:53:56.080 --> 0:54:00.800
<v Speaker 1>expediency within their own ranks, you know, just to protect

0:54:00.800 --> 0:54:04.279
<v Speaker 1>other people's reputation. You'd laugh at it, wouldn't you think

0:54:04.320 --> 0:54:08.279
<v Speaker 1>it's a stupid conspiracy theory. But Detective Lahyne is just

0:54:08.440 --> 0:54:12.800
<v Speaker 1>another another person with integrity in a line of people

0:54:13.160 --> 0:54:16.560
<v Speaker 1>that had integrity that weren't listened to or were sidelined

0:54:16.880 --> 0:54:19.600
<v Speaker 1>or were treated like that. I mean, the spit in

0:54:19.680 --> 0:54:23.400
<v Speaker 1>the face is just in the Can you imagine it?

0:54:23.440 --> 0:54:26.320
<v Speaker 1>I mean, that would make life incredibly uncomfortable, wouldn't it

0:54:26.400 --> 0:54:29.200
<v Speaker 1>to work within ranks like that? But it's so disappointing

0:54:29.239 --> 0:54:31.640
<v Speaker 1>to hear that stuff from a public point of view,

0:54:32.080 --> 0:54:34.200
<v Speaker 1>and it just goes to the heart of what Amy

0:54:34.239 --> 0:54:36.799
<v Speaker 1>Wensley's family are still going through.

0:54:37.000 --> 0:54:39.279
<v Speaker 2>And it was only ten years ago, lamp, so we're

0:54:39.280 --> 0:54:42.040
<v Speaker 2>not talking you know, like you can kind of imagine that.

0:54:42.000 --> 0:54:45.080
<v Speaker 1>Sort of sow this look I don't. Yeah, absolutely, this

0:54:45.120 --> 0:54:46.480
<v Speaker 1>is not a cold case for me. I mean, this

0:54:46.600 --> 0:54:49.440
<v Speaker 1>is you know, there's someone still walking around who's responsible.

0:54:50.000 --> 0:54:51.680
<v Speaker 1>So this is not a cold case. This is very

0:54:51.719 --> 0:54:53.160
<v Speaker 1>much alive, very much alive.

0:54:53.400 --> 0:54:55.160
<v Speaker 2>I obviously went to police, I mean, because that's the

0:54:55.239 --> 0:54:58.600
<v Speaker 2>impression I get as well, right, that they're protecting the

0:54:58.680 --> 0:55:01.640
<v Speaker 2>cool kids or whatever, or you know, for whatever reason

0:55:02.400 --> 0:55:07.600
<v Speaker 2>and anyone, you know, because this isn't a police bashing exercise.

0:55:07.920 --> 0:55:10.359
<v Speaker 2>There are so many police who are doing the right

0:55:10.400 --> 0:55:14.600
<v Speaker 2>things in this investigation, and they're terrific, But this talks

0:55:14.640 --> 0:55:18.319
<v Speaker 2>to the organization, the system itself, right, and that's what

0:55:18.840 --> 0:55:21.200
<v Speaker 2>really disturbs me. And I went back to a w

0:55:21.440 --> 0:55:23.879
<v Speaker 2>Police as you know again that was you know, one

0:55:23.880 --> 0:55:26.560
<v Speaker 2>of my questions and that you know, it was about

0:55:26.600 --> 0:55:29.640
<v Speaker 2>six questions all up. They're not answering it. They don't

0:55:30.000 --> 0:55:32.360
<v Speaker 2>there you know, write a reply obviously, I mean, because

0:55:32.360 --> 0:55:35.840
<v Speaker 2>that's the impression that everyone will get. And I guess

0:55:35.880 --> 0:55:39.239
<v Speaker 2>they just don't think it's warrants any justification. I don't know.

0:55:41.480 --> 0:55:45.240
<v Speaker 2>So I also went to the new Police Minister, Reese Whitby,

0:55:45.520 --> 0:55:47.920
<v Speaker 2>to find out if he had any concerns given the

0:55:48.000 --> 0:55:51.560
<v Speaker 2>respective damage this was doing to Wave Pole's reputation and

0:55:51.640 --> 0:55:55.440
<v Speaker 2>it's apparent failure to protect and serve the people of

0:55:55.440 --> 0:55:59.200
<v Speaker 2>Western Australia. You've said it numerous times, Slam. At the

0:55:59.239 --> 0:56:02.440
<v Speaker 2>time of this area, we hadn't received a response. But

0:56:02.600 --> 0:56:04.279
<v Speaker 2>let's give it one more week to see if the

0:56:04.280 --> 0:56:07.960
<v Speaker 2>minister is worth his salt or just another powerful person

0:56:08.200 --> 0:56:11.600
<v Speaker 2>who puts politics before justice. If that is the case,

0:56:11.880 --> 0:56:13.080
<v Speaker 2>we'll go to Premier Cook.

0:56:13.320 --> 0:56:16.120
<v Speaker 1>Remember too, that Reese Whitby, the new Police Minister, used

0:56:16.160 --> 0:56:19.279
<v Speaker 1>to be a journalist. Oh really, yeah, for Channel seven

0:56:19.400 --> 0:56:21.840
<v Speaker 1>at one stage. So he knows very well the power

0:56:21.880 --> 0:56:26.160
<v Speaker 1>of public perception and the power of messaging and communication.

0:56:26.520 --> 0:56:29.120
<v Speaker 1>So if anyone can appreciate the fact that somebody should

0:56:29.120 --> 0:56:32.200
<v Speaker 1>say something, it is the new police minister fingers crossed.

0:56:32.960 --> 0:56:37.800
<v Speaker 2>But had Detective Lahyane not followed her gut concerns Amy's

0:56:37.840 --> 0:56:41.960
<v Speaker 2>death being anything other than a suicide may have never

0:56:42.320 --> 0:56:43.600
<v Speaker 2>seen the light of gay.

0:56:44.200 --> 0:56:47.239
<v Speaker 1>Yep. That's absolutely right. She has been and to an

0:56:47.239 --> 0:56:50.359
<v Speaker 1>extent still is a very very integral piece of this

0:56:50.560 --> 0:56:53.600
<v Speaker 1>jigsaw puzzle, isn't she. And I've got to say again,

0:56:53.680 --> 0:56:56.879
<v Speaker 1>you know, by standing up and taking the position she took,

0:56:56.880 --> 0:56:59.920
<v Speaker 1>you've got to give her full credit. I hate here

0:57:00.200 --> 0:57:02.400
<v Speaker 1>about people experiencing that sort of stuff in the end,

0:57:02.400 --> 0:57:04.640
<v Speaker 1>but I love hearing about that sort of integrity. That's

0:57:04.640 --> 0:57:07.640
<v Speaker 1>the sort of thing we need in the police. Detective

0:57:07.680 --> 0:57:11.640
<v Speaker 1>la Hayne also our identified numerous issues which weren't considered

0:57:11.719 --> 0:57:14.520
<v Speaker 1>during that operation Juhndee or jun D, depending on which

0:57:14.520 --> 0:57:20.160
<v Speaker 1>school he went to, including evidence provided by Rick kirk Now.

0:57:20.280 --> 0:57:24.840
<v Speaker 1>Rick is Amy's stepfather that Amy told him the Sunday

0:57:24.880 --> 0:57:28.640
<v Speaker 1>before her death. The Sunday before her death, she told

0:57:28.680 --> 0:57:33.000
<v Speaker 1>her stepdad that Simmons held a knife to her throat.

0:57:34.000 --> 0:57:37.240
<v Speaker 1>Now I've met Rick Kirk, so of you and I

0:57:37.240 --> 0:57:39.280
<v Speaker 1>reckon he's a pretty straight up sort of guy. For

0:57:39.400 --> 0:57:41.720
<v Speaker 1>him to give that evidence, I think is quite compelling.

0:57:42.400 --> 0:57:44.760
<v Speaker 1>She also Detective La Hayne that is had issues with

0:57:44.800 --> 0:57:47.880
<v Speaker 1>the way detectives handled the interviews with Gareth Price and

0:57:47.960 --> 0:57:51.320
<v Speaker 1>David Simmons when he was arrested a few days after

0:57:51.360 --> 0:57:54.040
<v Speaker 1>Amy's death. They had a list of questions which they

0:57:54.080 --> 0:57:58.440
<v Speaker 1>ticked off as they went through with no probing. It

0:57:58.480 --> 0:58:02.920
<v Speaker 1>was literally a tick and click exercise. That was Detective

0:58:02.960 --> 0:58:07.760
<v Speaker 1>Leahynes's criticism, not ours. Now we've sent questions to Wa

0:58:07.840 --> 0:58:11.640
<v Speaker 1>police about this, You've sent them plenty l In an email,

0:58:11.880 --> 0:58:15.040
<v Speaker 1>she also pointed out Detective la Haynes, this is that

0:58:15.200 --> 0:58:20.240
<v Speaker 1>David Simmons only disclosed that he'd retrieved his other firearm,

0:58:20.280 --> 0:58:23.600
<v Speaker 1>his twenty two rifle, from the front seat of his Subaru,

0:58:24.200 --> 0:58:27.200
<v Speaker 1>and shot at a bird which was attempting to remove

0:58:27.240 --> 0:58:31.680
<v Speaker 1>fish from the pond. After Amy's six year old daughter

0:58:32.360 --> 0:58:35.760
<v Speaker 1>was interviewed by a specialist child investigator.

0:58:36.320 --> 0:58:39.040
<v Speaker 11>This fact had not been mentioned in any previous statement

0:58:39.160 --> 0:58:43.200
<v Speaker 11>or conversations, and was corroborated by nad who mentioned it

0:58:43.280 --> 0:58:46.520
<v Speaker 11>during the course of her interview with the child Assessment team.

0:58:46.800 --> 0:58:49.800
<v Speaker 1>I find that fascinating to it, and it's worth mentioning

0:58:49.840 --> 0:58:53.200
<v Speaker 1>here that Simmons' story changed from shooting at a bird,

0:58:53.760 --> 0:58:56.080
<v Speaker 1>which it was attempting to remove fish from the pond,

0:58:57.280 --> 0:59:01.000
<v Speaker 1>according to him, to shooting at parrots trying to take

0:59:01.040 --> 0:59:04.240
<v Speaker 1>fruit from the tree. That was the other story that

0:59:04.320 --> 0:59:09.520
<v Speaker 1>was given that. I'm not sure about you, but I

0:59:09.560 --> 0:59:13.680
<v Speaker 1>think that if you're talking about conflict, shooting at a

0:59:13.680 --> 0:59:17.440
<v Speaker 1>bird in a tree compared to shooting at bird on

0:59:17.480 --> 0:59:20.760
<v Speaker 1>a pond is quite different. Now quite different. Are you

0:59:20.800 --> 0:59:23.760
<v Speaker 1>trying to remove fish or you're trying to remove parrots?

0:59:24.240 --> 0:59:26.480
<v Speaker 1>What are you trying to do? Hello? Now here's what

0:59:26.640 --> 0:59:30.840
<v Speaker 1>Detective Lahayne concluded in her report, which was completed incidentally

0:59:30.880 --> 0:59:32.480
<v Speaker 1>by Detective Sergeant Gary Thwaites.

0:59:34.360 --> 0:59:36.880
<v Speaker 11>Amy Lee Wensley was a twenty four year old female

0:59:36.920 --> 0:59:39.880
<v Speaker 11>who was in a tumultuous relationship with her partner, David

0:59:39.960 --> 0:59:43.320
<v Speaker 11>Robert Simmons, which had a major impact on her confidence

0:59:43.360 --> 0:59:46.640
<v Speaker 11>and self worth. Family and friends of the deceased believe

0:59:46.720 --> 0:59:50.360
<v Speaker 11>Simmons displayed a high degree of domination and control over

0:59:50.360 --> 0:59:53.840
<v Speaker 11>the deceased. The dominance, combined with the isolation of rural

0:59:53.880 --> 0:59:57.760
<v Speaker 11>living and financial stress, appeared to heighten the deceased anxiety,

0:59:58.440 --> 1:00:01.280
<v Speaker 11>albeit outwardly she she appeared to be a happy and

1:00:01.360 --> 1:00:05.840
<v Speaker 11>outgoing person. The deceased sought assistance from her general practitioner

1:00:06.080 --> 1:00:11.360
<v Speaker 11>for her declining mental health and was subsequently prescribed antidepressant medication.

1:00:12.200 --> 1:00:14.920
<v Speaker 11>On the strength of the evidence gathered by the MCS

1:00:15.080 --> 1:00:18.440
<v Speaker 11>Major Crime Squad, both Simmons and Price were interviewed and

1:00:18.520 --> 1:00:21.520
<v Speaker 11>cleared of any criminal involvement in the death of the deceased.

1:00:22.320 --> 1:00:24.480
<v Speaker 11>As a result of my investigations and review of the

1:00:24.520 --> 1:00:28.800
<v Speaker 11>circumstances in this matter, there is insufficient evidence to substantiate

1:00:29.080 --> 1:00:31.800
<v Speaker 11>the unlawful involvement of another person in the death of

1:00:31.800 --> 1:00:35.360
<v Speaker 11>the deceased. This concludes my investigation into the death of

1:00:35.400 --> 1:00:38.720
<v Speaker 11>Amy Lee Wensley, subject of further direction from the coroner.

1:00:39.400 --> 1:00:43.560
<v Speaker 11>Forwarded for your information and attention, Detective Senior Constable and

1:00:43.720 --> 1:00:46.320
<v Speaker 11>Lehane Coronial Investigation Squad.

1:00:47.160 --> 1:00:50.600
<v Speaker 2>This is Detective Lahne at the twenty twenty one coronial inquest.

1:00:50.920 --> 1:00:54.680
<v Speaker 2>She's speaking with counsel assisting the coroner, Sarah Tyler.

1:00:54.640 --> 1:00:56.840
<v Speaker 14>When this case came to you, did you have any

1:00:56.920 --> 1:01:00.520
<v Speaker 14>initial concerns upon receiving and reviewing the material from the

1:01:00.560 --> 1:01:01.520
<v Speaker 14>Major Crime Squad?

1:01:01.680 --> 1:01:02.280
<v Speaker 4>Yes? I did.

1:01:02.560 --> 1:01:04.680
<v Speaker 14>What concerns did you have when the file.

1:01:04.480 --> 1:01:05.400
<v Speaker 4>Originally came to me?

1:01:05.760 --> 1:01:08.320
<v Speaker 11>Actually, Major Crime hadn't had the file at that stage,

1:01:08.480 --> 1:01:10.280
<v Speaker 11>and I reviewed it at that point and then it

1:01:10.320 --> 1:01:12.480
<v Speaker 11>went to Major Crime and then it came back to me.

1:01:12.920 --> 1:01:16.160
<v Speaker 14>Was this the day after Amy died? Yes, it came

1:01:16.200 --> 1:01:19.120
<v Speaker 14>to you first. Were you the person it.

1:01:19.040 --> 1:01:22.000
<v Speaker 11>Came to the Coronial Unit? Then I actually reviewed it

1:01:22.000 --> 1:01:22.640
<v Speaker 11>with some other.

1:01:22.520 --> 1:01:26.480
<v Speaker 14>Officers, okay. And what concerns did you immediately identify that

1:01:26.600 --> 1:01:28.600
<v Speaker 14>caused it to be referred to Major Crime?

1:01:28.840 --> 1:01:31.400
<v Speaker 11>It was the inconsistencies in the statements that were taken

1:01:31.400 --> 1:01:32.120
<v Speaker 11>at the time.

1:01:31.960 --> 1:01:35.840
<v Speaker 14>Between David Simmons and Gareth Price Price. Yes, and as

1:01:35.880 --> 1:01:39.280
<v Speaker 14>a result of those inconsistencies, you felt that a more

1:01:39.320 --> 1:01:43.560
<v Speaker 14>fulsome investigation should occur. That's correct, Yes, all right. Were

1:01:43.600 --> 1:01:46.720
<v Speaker 14>you involved in briefing the Major Crime Squad in any way?

1:01:46.800 --> 1:01:47.000
<v Speaker 4>Yes?

1:01:47.040 --> 1:01:49.200
<v Speaker 11>I was, and I was also involved in the arrest

1:01:49.280 --> 1:01:51.040
<v Speaker 11>of David Simmons and Gareth Price.

1:01:51.320 --> 1:01:53.120
<v Speaker 14>And I understand that you've been in the back of

1:01:53.120 --> 1:01:56.280
<v Speaker 14>the court throughout the inquest thus far, is that correct?

1:01:56.320 --> 1:01:56.840
<v Speaker 4>That's correct?

1:01:56.960 --> 1:02:00.360
<v Speaker 14>Yes, after you were involved in the initial discuss and

1:02:00.400 --> 1:02:03.200
<v Speaker 14>the case was referred back to the Major Crime squad.

1:02:03.280 --> 1:02:06.080
<v Speaker 14>Were you involved in any other point during that initial

1:02:06.120 --> 1:02:09.720
<v Speaker 14>referral stage or through the Major Crime investigation.

1:02:09.280 --> 1:02:12.360
<v Speaker 11>When it was Operation jund No, not until it came

1:02:12.440 --> 1:02:13.480
<v Speaker 11>back to the coronials.

1:02:13.920 --> 1:02:16.800
<v Speaker 14>So when it was referred back to the Coronial Service,

1:02:17.040 --> 1:02:18.040
<v Speaker 14>was it allocated to you?

1:02:18.440 --> 1:02:18.680
<v Speaker 4>Yes?

1:02:19.080 --> 1:02:21.560
<v Speaker 14>What steps did you take upon receiving that file?

1:02:21.680 --> 1:02:24.600
<v Speaker 11>So I reviewed all the information and intelligence they gave

1:02:24.640 --> 1:02:27.240
<v Speaker 11>me which was in the file, and also reviewed some

1:02:27.320 --> 1:02:30.040
<v Speaker 11>of the viper actions. I then started to put the

1:02:30.080 --> 1:02:33.360
<v Speaker 11>coronial file together and I identified what outstanding lines of

1:02:33.440 --> 1:02:37.760
<v Speaker 11>inquiry should be followed, for instance a forensic So I

1:02:37.800 --> 1:02:40.880
<v Speaker 11>started looking at that and then I asked Major Crime

1:02:40.920 --> 1:02:44.240
<v Speaker 11>for a memo giving their critical decisions on what actually

1:02:44.880 --> 1:02:46.640
<v Speaker 11>how they deemed it non suspicious.

1:02:47.000 --> 1:02:51.880
<v Speaker 14>So your initial concern were the inconsistencies between the witness statements.

1:02:52.160 --> 1:02:53.880
<v Speaker 4>That's correct. On the first day.

1:02:54.120 --> 1:02:58.800
<v Speaker 14>Upon receiving the file from Operation Junde. Were your concerns addressed?

1:02:59.160 --> 1:03:00.720
<v Speaker 4>They the majority of them were.

1:03:01.360 --> 1:03:03.800
<v Speaker 11>When I received the memo from Major Crime, I did

1:03:03.880 --> 1:03:07.840
<v Speaker 11>identify that they had actually specified there was a biomechanics report,

1:03:08.200 --> 1:03:11.000
<v Speaker 11>and I queried that biomechanics report and asked for a

1:03:11.040 --> 1:03:13.920
<v Speaker 11>copy because I couldn't find it, and was advised there

1:03:13.920 --> 1:03:17.920
<v Speaker 11>actually wasn't a biomechanics report. I then contacted forensic and

1:03:18.000 --> 1:03:20.960
<v Speaker 11>asked them were they going to provide a biomechanics report?

1:03:21.200 --> 1:03:23.360
<v Speaker 11>And they said no, they would not provide one.

1:03:23.840 --> 1:03:25.360
<v Speaker 14>Did they explain why?

1:03:25.560 --> 1:03:27.600
<v Speaker 4>They said, it's only done on homicides?

1:03:27.920 --> 1:03:31.200
<v Speaker 14>Okay, do you know where the information came that there

1:03:31.240 --> 1:03:34.480
<v Speaker 14>had been a biomechanics report? Was it a case of

1:03:34.600 --> 1:03:36.880
<v Speaker 14>the measurements being done by the officers at the post

1:03:36.960 --> 1:03:40.800
<v Speaker 14>mortem had been confused for a biomechanical report.

1:03:41.080 --> 1:03:42.560
<v Speaker 4>I don't recall if they told me that.

1:03:42.720 --> 1:03:44.600
<v Speaker 11>They basically said that they could only give me the

1:03:44.680 --> 1:03:47.400
<v Speaker 11>verbal or that dimensions they had taken or the measurement,

1:03:47.600 --> 1:03:50.640
<v Speaker 11>but and if I required anything further from that, I

1:03:50.640 --> 1:03:52.200
<v Speaker 11>would have to go to the physiologist.

1:03:52.600 --> 1:03:55.640
<v Speaker 15>Did they basically say that was kind of outside their

1:03:55.720 --> 1:03:59.200
<v Speaker 15>area of expertise, like they did the measurements and whether

1:03:59.240 --> 1:04:03.000
<v Speaker 15>there was a possible or impossibility of arms reaching certain

1:04:03.080 --> 1:04:06.160
<v Speaker 15>length of shotguns, but they weren't prepared to go down

1:04:06.200 --> 1:04:09.160
<v Speaker 15>on paper and do a full report saying you really

1:04:09.160 --> 1:04:11.640
<v Speaker 15>need to go to a more expert person in that area.

1:04:11.960 --> 1:04:13.600
<v Speaker 4>Is that right? That's correct? Yes?

1:04:13.760 --> 1:04:16.640
<v Speaker 14>Is that how you ended up consulting Professor Ackland?

1:04:16.880 --> 1:04:17.120
<v Speaker 4>Yes?

1:04:17.360 --> 1:04:20.640
<v Speaker 14>Do you remember when that occurred? Was that in November

1:04:20.680 --> 1:04:21.600
<v Speaker 14>of twenty fourteen?

1:04:21.800 --> 1:04:24.560
<v Speaker 11>That was a few months into my investigation. I actually

1:04:24.560 --> 1:04:27.040
<v Speaker 11>can't recall because I had actually gone through the forensic

1:04:27.080 --> 1:04:30.000
<v Speaker 11>at that stage and actually spoke to forensic and asked them.

1:04:30.080 --> 1:04:32.400
<v Speaker 15>So a bit of tooing and throwing there wasn't there?

1:04:32.520 --> 1:04:34.720
<v Speaker 11>There was, Yes, it was a bit of back and forth.

1:04:35.080 --> 1:04:37.040
<v Speaker 11>So I asked them who I would speak to or

1:04:37.040 --> 1:04:39.880
<v Speaker 11>what I and I think doctor Mark Reynold's advised to

1:04:39.960 --> 1:04:41.960
<v Speaker 11>speak to you wa.

1:04:42.080 --> 1:04:45.320
<v Speaker 2>You wa is University of Western Australia.

1:04:45.760 --> 1:04:50.000
<v Speaker 14>He made the referral to Professor Ackland. He did, yes, Okay,

1:04:50.480 --> 1:04:53.160
<v Speaker 14>did you speak directly to Professor Ackland?

1:04:53.400 --> 1:04:53.480
<v Speaker 6>No?

1:04:53.720 --> 1:04:56.840
<v Speaker 14>Did you email him or brief him in some way?

1:04:57.040 --> 1:04:59.120
<v Speaker 4>I don't recall actually whether it was me that had

1:04:59.120 --> 1:04:59.560
<v Speaker 4>done it or.

1:04:59.600 --> 1:05:03.520
<v Speaker 14>Doctor rh Okay, what was your understanding of the response

1:05:03.640 --> 1:05:07.560
<v Speaker 14>by Professor Acklin to the initial request that he provide

1:05:07.640 --> 1:05:10.440
<v Speaker 14>or biomechanical opinion? Did he agree to do that?

1:05:10.800 --> 1:05:14.120
<v Speaker 11>I think I had left coronial by that stage, but

1:05:14.200 --> 1:05:15.800
<v Speaker 11>I think he basically said that he.

1:05:15.680 --> 1:05:16.880
<v Speaker 4>Could not give determination.

1:05:17.120 --> 1:05:20.280
<v Speaker 14>My understanding was that he told officers that there were

1:05:20.320 --> 1:05:23.000
<v Speaker 14>too many unknowns to make a formal determination.

1:05:23.440 --> 1:05:24.360
<v Speaker 4>Yes, that's correct.

1:05:24.600 --> 1:05:28.360
<v Speaker 14>I understand you also made some further inquiries of forensics

1:05:28.400 --> 1:05:31.520
<v Speaker 14>in relation to the bloodstained pattern analysis and the forensic

1:05:31.560 --> 1:05:34.440
<v Speaker 14>analysis undertaken of the clothing. Is that correct?

1:05:34.640 --> 1:05:35.240
<v Speaker 4>That's correct?

1:05:35.360 --> 1:05:35.560
<v Speaker 11>Yes.

1:05:35.880 --> 1:05:38.600
<v Speaker 14>Can you talk me a little bit through those inquiries.

1:05:38.920 --> 1:05:41.840
<v Speaker 11>Well, originally I contacted forensic to get any information from

1:05:41.880 --> 1:05:44.840
<v Speaker 11>them and any reports that were available. I ended up

1:05:44.880 --> 1:05:47.680
<v Speaker 11>having a meeting with Forensic and with my officer in charge,

1:05:48.200 --> 1:05:51.000
<v Speaker 11>and we discussed what they could offer and what we required,

1:05:51.400 --> 1:05:54.320
<v Speaker 11>and brad Mind turned around and said that he would

1:05:54.400 --> 1:05:57.320
<v Speaker 11>provide the forensic report because he was the case manager.

1:05:57.680 --> 1:05:58.120
<v Speaker 14>Okay.

1:05:58.280 --> 1:06:00.840
<v Speaker 4>I also requested a BP report.

1:06:00.600 --> 1:06:04.480
<v Speaker 2>As well, Detective Lahayne, he's referring to blood pattern analysis.

1:06:05.080 --> 1:06:07.520
<v Speaker 14>Did you ultimately receive those reports?

1:06:07.760 --> 1:06:10.680
<v Speaker 11>I think I received the BPA. Again, I think that

1:06:10.760 --> 1:06:12.240
<v Speaker 11>was after I left the investigation.

1:06:12.520 --> 1:06:16.760
<v Speaker 14>Did you review any other materials? For example, Triple O calls,

1:06:16.880 --> 1:06:21.200
<v Speaker 14>the Serpentine Roadhouse CCTV footage. Was that all part of

1:06:21.240 --> 1:06:26.680
<v Speaker 14>Operation Junde's brief, Yes, okay. Did you speak independently to

1:06:26.760 --> 1:06:30.120
<v Speaker 14>any witnesses or is that did you reply upon the

1:06:30.160 --> 1:06:32.440
<v Speaker 14>Operation jun De records.

1:06:32.200 --> 1:06:35.120
<v Speaker 11>The witnesses I spoke to as part of the coronial report.

1:06:35.720 --> 1:06:37.840
<v Speaker 11>You actually have to speak to the family. So I

1:06:37.880 --> 1:06:40.760
<v Speaker 11>spoke to Nancy Kirk, and I spoke to the three

1:06:40.800 --> 1:06:44.200
<v Speaker 11>friends of Amy's and that was near the end of

1:06:44.240 --> 1:06:47.120
<v Speaker 11>my investigation that I spoke to them and obtained a

1:06:47.160 --> 1:06:47.960
<v Speaker 11>statement from them.

1:06:48.080 --> 1:06:50.960
<v Speaker 14>Was the purpose of that to explore the type of

1:06:51.040 --> 1:06:53.080
<v Speaker 14>relationship that Amy and David had.

1:06:53.200 --> 1:06:53.800
<v Speaker 4>That's correct?

1:06:53.920 --> 1:06:59.240
<v Speaker 14>Yes, okay, based on your conversations with Amy's friends, did

1:06:59.280 --> 1:07:03.280
<v Speaker 14>you have concerns about the conclusions reached by Operation Juhnde.

1:07:03.720 --> 1:07:06.360
<v Speaker 11>I had concerns all the way through the investigation. But

1:07:06.440 --> 1:07:09.120
<v Speaker 11>whether for all of the lines of inquiries I followed,

1:07:09.480 --> 1:07:12.160
<v Speaker 11>I didn't actually achieve any I didn't get any further

1:07:12.200 --> 1:07:14.720
<v Speaker 11>information to suggest that someone else was involved.

1:07:14.880 --> 1:07:18.600
<v Speaker 14>Is that because that information simply wasn't available or were

1:07:18.640 --> 1:07:19.720
<v Speaker 14>there any problems?

1:07:19.880 --> 1:07:22.720
<v Speaker 11>That's correct? And also the original attendance. I think we

1:07:22.800 --> 1:07:25.520
<v Speaker 11>lost some information at the original attendance.

1:07:25.360 --> 1:07:29.400
<v Speaker 14>The premature decision that it was suicide, yes, and the

1:07:29.520 --> 1:07:34.800
<v Speaker 14>failure to investigate that night. Yes, okay, are you satisfied?

1:07:35.160 --> 1:07:39.080
<v Speaker 14>And I appreciate you left the Coronial Investigation Service before

1:07:39.160 --> 1:07:42.040
<v Speaker 14>this report was finalized, But to the extent that you

1:07:42.080 --> 1:07:45.840
<v Speaker 14>were involved in this case, are you satisfied that every

1:07:45.880 --> 1:07:49.280
<v Speaker 14>line of inquiry that you could think of was appropriately

1:07:49.320 --> 1:07:51.360
<v Speaker 14>pursued with respect to Amy's death?

1:07:51.760 --> 1:07:53.080
<v Speaker 4>Every line I identified?

1:07:53.280 --> 1:07:53.560
<v Speaker 11>Yes?

1:07:54.000 --> 1:07:57.280
<v Speaker 14>What was the ultimate conclusion with respect to your involvement

1:07:57.320 --> 1:07:58.360
<v Speaker 14>in this investigation?

1:07:58.720 --> 1:08:01.520
<v Speaker 11>There was insufficient evidence to make any form of determination.

1:08:01.840 --> 1:08:04.680
<v Speaker 14>Did you have a view one way or the other?

1:08:05.080 --> 1:08:06.120
<v Speaker 14>How Amy died?

1:08:06.320 --> 1:08:09.240
<v Speaker 11>I try to follow the evidence rule, and I, as

1:08:09.280 --> 1:08:11.440
<v Speaker 11>I said, I didn't find anything that gave me an

1:08:11.440 --> 1:08:14.640
<v Speaker 11>indicator that someone else had been involved. But whether that's

1:08:14.640 --> 1:08:17.240
<v Speaker 11>because we lost the evidence at the start, I'm not sure.

1:08:17.320 --> 1:08:21.320
<v Speaker 14>I appreciate you have no specific qualifications in this area,

1:08:21.479 --> 1:08:25.479
<v Speaker 14>but as an experienced police officer, the coroner is going

1:08:25.560 --> 1:08:29.280
<v Speaker 14>to have to grapple with how Amy's right hand came

1:08:29.320 --> 1:08:32.719
<v Speaker 14>to be resting under her buttocks when there's a suggestion

1:08:32.840 --> 1:08:35.120
<v Speaker 14>that she used that hand to pull the trigger to

1:08:35.160 --> 1:08:38.559
<v Speaker 14>shoot herself. Is there a scenario that you can think

1:08:38.640 --> 1:08:41.360
<v Speaker 14>of that would allow that to occur and allow that

1:08:41.400 --> 1:08:44.679
<v Speaker 14>finding to be suicide or do you think there's simply

1:08:44.720 --> 1:08:45.720
<v Speaker 14>too many questions.

1:08:46.000 --> 1:08:47.480
<v Speaker 4>I think there's too many questions.

1:08:47.560 --> 1:08:50.400
<v Speaker 14>Do you have a definitive view one way or the other?

1:08:50.800 --> 1:08:50.960
<v Speaker 16>No?

1:08:51.479 --> 1:08:54.120
<v Speaker 14>Is there anything further you'd like to say about the

1:08:54.120 --> 1:08:58.000
<v Speaker 14>investigations into Amy's death or your conclusions?

1:08:58.560 --> 1:08:58.680
<v Speaker 16>No?

1:08:59.040 --> 1:09:02.360
<v Speaker 14>Thank you, Detective, seen your constable. I have no further questions.

1:09:02.560 --> 1:09:05.320
<v Speaker 15>Detective, Just before you go to council, if I can

1:09:05.360 --> 1:09:08.240
<v Speaker 15>just clarify with you, and as I say, I have

1:09:08.400 --> 1:09:10.760
<v Speaker 15>read through a lot of your running sheet which kind

1:09:10.800 --> 1:09:13.720
<v Speaker 15>of indicated all of the steps you were taking. But

1:09:14.080 --> 1:09:17.720
<v Speaker 15>from my understanding from your evidence today and from that

1:09:17.840 --> 1:09:20.840
<v Speaker 15>running sheet, is that you received the file very early

1:09:20.920 --> 1:09:24.240
<v Speaker 15>on after the initial detectives who attended the scene had

1:09:24.280 --> 1:09:25.960
<v Speaker 15>determined it non suspicious.

1:09:26.479 --> 1:09:27.040
<v Speaker 4>But when you.

1:09:27.040 --> 1:09:30.360
<v Speaker 15>Received that you didn't receive it with a closed mind.

1:09:30.880 --> 1:09:34.040
<v Speaker 15>You looked at it and immediately had some concerns about

1:09:34.040 --> 1:09:34.639
<v Speaker 15>that decision.

1:09:34.840 --> 1:09:35.360
<v Speaker 2>Is that right?

1:09:35.640 --> 1:09:36.920
<v Speaker 4>That's correct? All right?

1:09:37.040 --> 1:09:40.680
<v Speaker 15>So, as a coronial investigator, if you've got some concerns

1:09:40.760 --> 1:09:43.639
<v Speaker 15>that there is some suspicion in relation to the death

1:09:43.760 --> 1:09:47.400
<v Speaker 15>or potential criminality, you have the option of referring it

1:09:47.439 --> 1:09:50.200
<v Speaker 15>somewhere else, such as major Crime Squad at that time.

1:09:50.439 --> 1:09:50.960
<v Speaker 4>Is that right?

1:09:51.200 --> 1:09:53.280
<v Speaker 11>You have to go through your train of command. Sure,

1:09:53.360 --> 1:09:55.400
<v Speaker 11>so you would speak to like I did spoke to

1:09:55.400 --> 1:09:57.920
<v Speaker 11>my sergeant. But on the initial day when we initially

1:09:57.960 --> 1:10:00.479
<v Speaker 11>got the file there was it wasn't handed to me

1:10:00.520 --> 1:10:04.240
<v Speaker 11>on that day. I was just that we were There

1:10:04.360 --> 1:10:07.320
<v Speaker 11>was a few colleagues reviewing it and we between us

1:10:07.360 --> 1:10:10.479
<v Speaker 11>we kind of went, well, there's some inconsistencies in the statement,

1:10:11.160 --> 1:10:12.719
<v Speaker 11>and then it was given to one of the sergeants

1:10:12.720 --> 1:10:15.439
<v Speaker 11>who brought it over to Major Crime. I'm unsure who

1:10:15.520 --> 1:10:18.839
<v Speaker 11>actually brought it over, So it wasn't your decision, That's correct.

1:10:19.000 --> 1:10:22.960
<v Speaker 15>With your colleagues in Coronial Investigation Unit, you had some

1:10:23.000 --> 1:10:26.200
<v Speaker 15>concerns about it being considered a non suspicious death at

1:10:26.200 --> 1:10:29.200
<v Speaker 15>that stage, so it was referred through the line of

1:10:29.200 --> 1:10:32.559
<v Speaker 15>the hierarchy back through to Major Crime, and you were

1:10:32.600 --> 1:10:34.599
<v Speaker 15>aware that an investigation then took place.

1:10:34.680 --> 1:10:36.360
<v Speaker 4>Is that right? That's correct.

1:10:36.680 --> 1:10:38.760
<v Speaker 15>But when it came back to you, it came back

1:10:38.760 --> 1:10:41.760
<v Speaker 15>with in effect the same conclusion, in the sense that

1:10:41.800 --> 1:10:44.520
<v Speaker 15>it had been ruled that there was no obvious criminality

1:10:44.800 --> 1:10:47.080
<v Speaker 15>and it was to be investigated as a non suspicious

1:10:47.360 --> 1:10:49.560
<v Speaker 15>with moving towards a potential suicide.

1:10:49.880 --> 1:10:51.240
<v Speaker 2>Is that right, that's correct.

1:10:51.400 --> 1:10:54.439
<v Speaker 11>I was advised to actually investigate it as a coronial file,

1:10:54.960 --> 1:10:55.439
<v Speaker 11>which is.

1:10:55.400 --> 1:10:59.360
<v Speaker 15>A sudden and unexpected but not less non suspicious, right.

1:10:59.520 --> 1:11:02.040
<v Speaker 15>But the impression from your running sheet is that you

1:11:02.120 --> 1:11:05.720
<v Speaker 15>still have some unanswered questions as to how that conclusion

1:11:05.760 --> 1:11:06.479
<v Speaker 15>had been reached.

1:11:06.720 --> 1:11:08.080
<v Speaker 4>Is that right? That's correct?

1:11:08.240 --> 1:11:13.760
<v Speaker 2>Yes, just a clarification here. Detective Senior Constable Anne Lahane

1:11:13.920 --> 1:11:17.200
<v Speaker 2>was still under the employee of WA Police when she

1:11:17.320 --> 1:11:21.479
<v Speaker 2>appeared before the inquest. However, she no longer had carriage

1:11:21.520 --> 1:11:25.599
<v Speaker 2>of the inquest investigation, and while the Coronial Investigation Unit

1:11:25.720 --> 1:11:29.720
<v Speaker 2>maintained her position, they weren't prepared to push any harder

1:11:29.760 --> 1:11:30.080
<v Speaker 2>than that.

1:11:35.840 --> 1:11:41.160
<v Speaker 1>Next week through the eyes of an expert, Tim Ackland.

1:11:41.800 --> 1:11:43.960
<v Speaker 16>What I'm saying is she could not have killed herself

1:11:44.040 --> 1:11:46.080
<v Speaker 16>holding the gun in front of her, with all those

1:11:46.160 --> 1:11:47.479
<v Speaker 16>other pieces of evidence.

1:11:48.840 --> 1:11:52.240
<v Speaker 1>Professor Tim Mackland will explain his report, and that is

1:11:52.280 --> 1:11:53.320
<v Speaker 1>certainly worth listening to.

1:11:54.200 --> 1:11:57.320
<v Speaker 16>So the only thing that then made sense, and partly

1:11:57.400 --> 1:12:01.559
<v Speaker 16>because this trajectory of the entry and exit were in

1:12:01.640 --> 1:12:05.960
<v Speaker 16>the trajectory of the pellets was horizontal but slightly down.

1:12:06.400 --> 1:12:08.880
<v Speaker 16>The fact that Price said that the gun was placed

1:12:08.920 --> 1:12:14.439
<v Speaker 16>here led me to conclude that Amy was shot by

1:12:14.479 --> 1:12:15.599
<v Speaker 16>a third party and.

1:12:15.520 --> 1:12:16.760
<v Speaker 1>The gun was placed there.

1:12:24.439 --> 1:12:30.200
<v Speaker 2>So so de.

1:12:34.240 --> 1:12:39.520
<v Speaker 1>Re uti.

1:12:43.640 --> 1:12:43.920
<v Speaker 6>Unt.

1:12:51.000 --> 1:12:55.439
<v Speaker 1>If you knew Amy and have information, any information about

1:12:55.439 --> 1:13:01.520
<v Speaker 1>her death, we'd love to hear from you. Just at

1:13:01.560 --> 1:13:06.479
<v Speaker 1>The Truth about Amy at seven dot com dot au.

1:13:06.960 --> 1:13:10.799
<v Speaker 1>That's s E V E N The Truth about Amy

1:13:11.120 --> 1:13:17.560
<v Speaker 1>at seven dot com dot Au, or visit our website

1:13:18.000 --> 1:13:22.639
<v Speaker 1>sevenews dot com dot au forward slash the Truth about Amy.

1:13:23.040 --> 1:13:27.080
<v Speaker 1>You can also send us an anonymous tip at www

1:13:27.320 --> 1:13:33.160
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1:13:36.960 --> 1:13:41.040
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1:13:41.360 --> 1:13:47.919
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1:13:48.320 --> 1:13:51.520
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1:14:14.520 --> 1:14:22.360
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