WEBVTT - 10: The Impossible

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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>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>I Amy is dead, Sir aim his dead?

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<v Speaker 1>Eight confusion World.

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<v Speaker 4>About five minutes they sit not to suicide.

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<v Speaker 5>One hundred percent.

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<v Speaker 6>This is emergency.

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<v Speaker 1>What do you think is really the honest truth about Amy?

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<v Speaker 1>The Truth about Amy?

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<v Speaker 7>Episode ten.

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<v Speaker 1>I'm Liam Bartlett.

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<v Speaker 7>And I'm Alison Sandy.

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<v Speaker 1>I'm ready.

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<v Speaker 5>You're really blush.

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<v Speaker 8>Cameras said, excellent, everyone has eyes and ears. Safety's off, okay,

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<v Speaker 8>and test fire. I'm going to try and pull the

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<v Speaker 8>trigger with my finger.

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<v Speaker 5>I think it's very interesting right there. That's very very interesting.

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<v Speaker 4>Day.

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<v Speaker 5>Look at the force he's trying to put into pulling

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<v Speaker 5>that trigger, and he hasn't been able to pull the trigger.

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<v Speaker 1>Okay, let's do it again out of the shooting range.

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<v Speaker 1>At the Campbelltown, Liverpool District Pistol Club in Western Sydney.

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<v Speaker 1>International Crime Reconstruction scene expert Scott Rhoda is testing the

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<v Speaker 1>shotgun which was used to kill Amy, not the actual gun,

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<v Speaker 1>which was a four to ten boyto twelve gauge double

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<v Speaker 1>barrel shotgun owned by her partner David Simmons, but an

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<v Speaker 1>exact match to be used as part of the crime

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<v Speaker 1>scene reconstruction. He's joined by Daniel Martin of Arms and FX,

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<v Speaker 1>who specializes in firearms, theatrical armory, pyrotechnics and props for

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<v Speaker 1>film and TV.

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<v Speaker 8>Twenty one round in the chamber is going to be clear,

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<v Speaker 8>and I'll confirm that weapons clear, weapons safe on this one.

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<v Speaker 9>When you pull the trigger, maybe just try to support

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<v Speaker 9>the gun just a little bit so some of you

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<v Speaker 9>can see if there's any kick of the gun coming

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<v Speaker 9>up off of that front pad. So maybe just try

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<v Speaker 9>to stabilize it a little bit to see if it

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<v Speaker 9>comes up to end at all sail. Yeah, just stabilize

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<v Speaker 9>it a little bit so that we can really feel.

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<v Speaker 5>How much pressure you're putting on that trigger to make

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<v Speaker 5>it pull.

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<v Speaker 9>Obviously, we can do manufacture, you know, settings to see

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<v Speaker 9>what the whole trigger hounds are.

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<v Speaker 5>You know, on it.

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<v Speaker 9>But I think if you stabilize it just a little bit,

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<v Speaker 9>that might show us that the.

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<v Speaker 8>Barrel oka reacting safety is off. Weapons loaded and testing.

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<v Speaker 1>Hmm.

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<v Speaker 9>Now that had a substantial recoil and you just stabilize

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<v Speaker 9>it just a little bit.

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<v Speaker 1>That just a little bit. It's also important for ROTA

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<v Speaker 1>to gauge how powerful the weapon is, the impact it

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<v Speaker 1>has a close range, and of course the recoil, which

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<v Speaker 1>is the pushback of the gun when it's fine.

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<v Speaker 5>Okay, So that.

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<v Speaker 9>Actually surprises me a little bit that we had that

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<v Speaker 9>much recoil. Let's go ahead and clear it, load it

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<v Speaker 9>up again, maybe this time you know, obviously rings to

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<v Speaker 9>one by one, but I think it's worthwhile to do

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<v Speaker 9>that a couple more times, uh, to see how.

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<v Speaker 5>We can help how that gun.

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<v Speaker 9>If it's clear, that's a lot more powerful than I anticipated.

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<v Speaker 4>It to be.

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<v Speaker 1>Yeah, and much more concussive.

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<v Speaker 9>Yeah, yeah, no, there's definitely definitely without ear protection and

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<v Speaker 9>with close proximity to that weapon being discharged in that

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<v Speaker 9>small space, would you concur that there would be some

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<v Speaker 9>concussive effects?

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<v Speaker 1>Absolutely?

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<v Speaker 8>Yeah, Yeah, you're gonna gonna have a concussive effects. That's

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<v Speaker 8>a pressure wave coming at the end of the barrel.

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<v Speaker 9>Yeah, and in that confined space you saw this indoors, Yeah,

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<v Speaker 9>indoors in the studio, in the bedroom, and in that

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<v Speaker 9>little concave, you know, in that little doorway, especially with

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<v Speaker 9>three sides, but nowhere for that sound to go.

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<v Speaker 5>I think anybody in that room would be affected.

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<v Speaker 1>Substantially without hearing protection.

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<v Speaker 2>Yeah.

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<v Speaker 8>Yeah, depending on how far that barrel was pressed against

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<v Speaker 8>the skull, that might muffle the sound a little bit. Yeah,

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<v Speaker 8>some of the sound way went because some of the

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<v Speaker 8>gases might enter into the skull, and that's gonna cause

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<v Speaker 8>them that slight muffling effect.

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<v Speaker 5>Yeah.

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<v Speaker 8>But yeah, in a smaller room, it's gonna be it's

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<v Speaker 8>gonna be even louder than we was experiencing right here, right.

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<v Speaker 5>Yeah, Yeah, that was very beneficial.

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<v Speaker 9>I said, let's do that a couple more times and

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<v Speaker 9>then and then we'll go to the we've got the

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<v Speaker 9>audio now, and we've got a couple more kicks.

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<v Speaker 5>We've got a five inch kick approximately. I'd say, let's

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<v Speaker 5>try to get it.

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<v Speaker 9>But maybe through a variation of your trigger pull and

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<v Speaker 9>you know, see what other kind of effects you can

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<v Speaker 9>get on handling the gun.

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<v Speaker 5>I think I'm learning a lot by just watching you

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<v Speaker 5>do this. I think this is really helpful.

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<v Speaker 8>Okay, whippons loaded. Everyone ready, Ye, Pifey's off. Hey, testing,

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<v Speaker 8>So we look at the backside of the target. We

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<v Speaker 8>can see the projectile hole right there.

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<v Speaker 9>We got the projectile hole right here about a centimeter

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<v Speaker 9>as you mentioned.

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<v Speaker 5>And then and that's the backside of the target. And

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<v Speaker 5>on the front side of the.

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<v Speaker 9>Target, we've got this blast radius from the gas coming

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<v Speaker 9>out of the gun and you can see the devastating

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<v Speaker 9>nature of that.

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<v Speaker 5>In this demonstration here, So.

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<v Speaker 9>Once again confirming immediate incapacitation upon the bullet entering the

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<v Speaker 9>head and devastating injuries, you know.

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<v Speaker 5>So yeah, I think you know.

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<v Speaker 9>The idea that this gun is a low caliber or

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<v Speaker 9>not a twelve gage shotgun, I don't think there's any

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<v Speaker 9>bearing on the devastation that this gun can do.

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<v Speaker 5>Is a powerful shotgun.

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<v Speaker 8>Yes, it's designed for killing small things, but on a

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<v Speaker 8>human body, it's still going to be fatal.

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<v Speaker 5>Yeah, yeah, I think it's arranges. Yeah, there's powerful.

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<v Speaker 1>We first made contact with Scott Rhoda about two years

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<v Speaker 1>ago now to see if this was a case that

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<v Speaker 1>he could lend his expertise. His resume is extensive, having

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<v Speaker 1>consulted in more than fifteen hundred cases since two thousand

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<v Speaker 1>and one. They include reconstructions of the manner of death

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<v Speaker 1>of George Floyd, Michael Biker, Sherlock, and most famously Rever Stemcamp,

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<v Speaker 1>whose boyfriend South African former Olympic sprinter Oscar Pistorius was

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<v Speaker 1>finally convicted of her murder in twenty sixteen.

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<v Speaker 7>Guilty of murder, with the accused having had criminal intentions

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<v Speaker 7>for thurs.

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<v Speaker 1>Here, Rooda is trying to determine where the gun should

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<v Speaker 1>have landed based on Amy's position as presented at the inquest.

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<v Speaker 1>Despite tests already having been undertaken by biomechanical experts, Roda

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<v Speaker 1>is doing an independent assessment, which means carrying out his

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<v Speaker 1>own testing and going through the various scenarios of what

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<v Speaker 1>was possible given the forensic evidence of the room and

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<v Speaker 1>the position of Amy's body when she was discovered.

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<v Speaker 9>Well, let's say hypothetically we have a right hand pull

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<v Speaker 9>with a right hand hold and becoming immediately incapacitated. That

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<v Speaker 9>gun is going to fly in the right direction so

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<v Speaker 9>soon as the trigger's pulled that God's going to be

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<v Speaker 9>flying after the rate, substantially out of her hand.

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<v Speaker 8>If you're holding onto that gun one hand with a

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<v Speaker 8>weak hold, just depressing the trigger, the gun's going to

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<v Speaker 8>fly out of your hand.

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<v Speaker 5>Yeah, yeah, substantially.

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<v Speaker 9>There's no scenario where that gun could defy the forces

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<v Speaker 9>of nature and go toward the body with the butt

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<v Speaker 9>being between the legs.

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<v Speaker 5>Yeah. This is not a one hand pull gun. This

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<v Speaker 5>is guns designed for a two hand.

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<v Speaker 8>Pull, steady halled, two handed and absorbing some of that

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<v Speaker 8>recoal in both your arms and against your shoulder.

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<v Speaker 9>If Amy was to have pulled this trigger in some

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<v Speaker 9>kind of a scenario that it might fit the physical evidence,

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<v Speaker 9>clearly the gun would have.

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<v Speaker 5>Flown out of her hand and off to the right

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<v Speaker 5>of her body.

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<v Speaker 9>There's no way the gun would be in the documented

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<v Speaker 9>position that we had from the friend, or from the

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<v Speaker 9>father or from law enforcement. So I think this clearly

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<v Speaker 9>confirms for me this was not unassisted shot. This was

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<v Speaker 9>not unassisted. This was done by another individual.

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<v Speaker 1>Scott Rhoda heads up the US based company Evidence Room,

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<v Speaker 1>comprising a team of forensic and computer animation experts who

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<v Speaker 1>provide insight based on the evidence presented at the crime scene, and.

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<v Speaker 9>Then the butt of the gun would be pushed out

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<v Speaker 9>this way, opposite, in opposite.

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<v Speaker 1>For this case, Rhoda brought with him Pat Mooney, who

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<v Speaker 1>specializes in the physical and virtual recreation of the crime

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<v Speaker 1>scene itself.

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<v Speaker 10>With the butt by your feet, muzzle towards her head.

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<v Speaker 1>We're at a warehouse in Merrickville where they've developed a

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<v Speaker 1>model to the exact scale of the bedroom Amy's body

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<v Speaker 1>was found.

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<v Speaker 11>So let's assume this was self inflicted for a moment.

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<v Speaker 1>Their first test aims to find out whether Amy could

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<v Speaker 1>have used her left hand to shoot herself, and.

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<v Speaker 9>The gun was in this documented position with the butt

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<v Speaker 9>of the gun along the left ankle and the gun

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<v Speaker 9>chat wound out of the right the right hands under

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<v Speaker 9>the right bidock.

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<v Speaker 11>One the blood would be an entirely.

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<v Speaker 9>Different tape of a position. So I think we can

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<v Speaker 9>conclude say that the position the gun was documented to

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<v Speaker 9>be in between her legs more towards her left ankle,

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<v Speaker 9>is not at all consistent with any evidence we see here,

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<v Speaker 9>and I think we can rule that out completely completely

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<v Speaker 9>as being part of the scenario.

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<v Speaker 11>So now I think we have to factor in.

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<v Speaker 10>The evidence was.

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<v Speaker 9>Polluted by a minimum of two people prior to officers

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<v Speaker 9>being able to document the condition. So the reliability of

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<v Speaker 9>this being an actual position related to some kind of

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<v Speaker 9>a self inflicted gunshot wound, I think doesn't pass any

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<v Speaker 9>test whatsoever. So the second scenario would be, would Amy,

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<v Speaker 9>without being able to use her right arm, be able

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<v Speaker 9>to stabilize the gun to create the wound from a

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<v Speaker 9>ninety degree right to left in the right temple and

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<v Speaker 9>produce blood on the opposite wall by either resting it

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<v Speaker 9>on the bed, which I think that's what you're showing

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<v Speaker 9>here now, right, to use the bed kind of as

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<v Speaker 9>a as a stabilizer, But you can't use that much

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<v Speaker 9>of the bed as a stabilizer because the angle it's

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<v Speaker 9>got to kind.

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<v Speaker 10>Of rest on the edge, right, Yeah, it's such a

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<v Speaker 10>tight area.

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<v Speaker 9>And say, for example, let's say she pulls the trigger there,

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<v Speaker 9>the gun's going to fall directly.

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<v Speaker 11>Like horizontal with the body or parallel.

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<v Speaker 12>Or almost in a similar position as as the other scenario, right,

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<v Speaker 12>which doesn't fit. Right, which doesn't fit at all. And

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<v Speaker 12>then the other scenario is having the gun on the floor,

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<v Speaker 12>using the floor as the.

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<v Speaker 9>Stabilizer for the weapon, and then the head being the

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<v Speaker 9>other stabilizer with the left hand kind of holding it

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<v Speaker 9>into place here, but still you need to use the

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<v Speaker 9>right hand to pull the trigger.

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<v Speaker 10>And that doesn't fit our trajectory angle well.

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<v Speaker 9>And you can't get the right hand underneath the right

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<v Speaker 9>buttock or the right thigh. You can't get it underneath

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<v Speaker 9>the body. Because I think we've been clear and the

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<v Speaker 9>record is clear, and it's on the record that this

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<v Speaker 9>would be an immediately incapacitating shot with no purposeful movement

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<v Speaker 9>after the trigger is fired. So I think having the

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<v Speaker 9>gun being propped on the ground as a stabilizer is

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<v Speaker 9>also now ruled out because you cannot pull the trigger

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<v Speaker 9>and get the hand underneath the right buttock prior to.

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<v Speaker 5>The shot.

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<v Speaker 9>The shot, it's an ending shot, it's over, and once

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<v Speaker 9>the trigger is pulled, it's over. She's now immediately incapacitated,

0:13:59.320 --> 0:14:01.120
<v Speaker 9>and there's really not going to be any way to

0:14:01.200 --> 0:14:03.200
<v Speaker 9>get that right hand underneath or bomb.

0:14:04.760 --> 0:14:08.880
<v Speaker 11>Post shot, not at all.

0:14:08.960 --> 0:14:11.200
<v Speaker 10>And there's no way to do the angle does not match.

0:14:11.400 --> 0:14:14.880
<v Speaker 1>Then there's the question of how drops of blood were

0:14:14.960 --> 0:14:18.560
<v Speaker 1>found inside the firearm, which they examine.

0:14:18.920 --> 0:14:23.800
<v Speaker 11>But do you see blood seeping into the crack of

0:14:23.840 --> 0:14:24.120
<v Speaker 11>the gun.

0:14:24.280 --> 0:14:27.520
<v Speaker 10>It looks like a pretty tight fit. It's almost seamless.

0:14:27.640 --> 0:14:27.840
<v Speaker 5>Yeah.

0:14:28.400 --> 0:14:30.320
<v Speaker 9>The only seam I see is on the side right

0:14:30.920 --> 0:14:35.120
<v Speaker 9>in here, tiny little corner there and little corner there,

0:14:35.600 --> 0:14:39.760
<v Speaker 9>But the seam right here is flawless. So the chances

0:14:39.800 --> 0:14:42.480
<v Speaker 9>of blood getting in here without.

0:14:43.680 --> 0:14:47.040
<v Speaker 11>The gun being cracked, without the gun open, yeah, without the.

0:14:47.040 --> 0:14:52.400
<v Speaker 9>Gun being open, there's really no way to get blood

0:14:52.600 --> 0:14:55.560
<v Speaker 9>into this area. The only way I think blood could

0:14:55.640 --> 0:14:59.240
<v Speaker 9>get into into this area here is if the gun

0:14:59.360 --> 0:15:03.240
<v Speaker 9>is already covered in blood and then a witness or

0:15:03.400 --> 0:15:07.800
<v Speaker 9>an accomplice or someone anyone doesn't matter who came in

0:15:08.680 --> 0:15:11.480
<v Speaker 9>unloaded the gun and then the blood from the execure

0:15:11.640 --> 0:15:13.880
<v Speaker 9>then seeped in that way.

0:15:14.720 --> 0:15:17.640
<v Speaker 10>Yeah, that's a possibility. But for the blood to.

0:15:17.640 --> 0:15:22.960
<v Speaker 9>Get in the gun without deliberately opening the without the

0:15:23.320 --> 0:15:25.920
<v Speaker 9>opening gun to take the ammunition out, I don't think

0:15:25.960 --> 0:15:26.960
<v Speaker 9>that's going to be possible.

0:15:26.960 --> 0:15:29.040
<v Speaker 10>But we can do that test, right, Yeah.

0:15:29.160 --> 0:15:33.600
<v Speaker 1>They also discuss the circumstances of Amy's death, such as

0:15:33.840 --> 0:15:38.520
<v Speaker 1>the language Simmons used in his phone call to triple zero.

0:15:38.960 --> 0:15:43.760
<v Speaker 9>So we have a triple zero call by Simmons Ambulance.

0:15:44.520 --> 0:15:47.880
<v Speaker 9>What's the address of the emergency from the operator twenty

0:15:47.920 --> 0:15:52.920
<v Speaker 9>seven eighty three Southwestern Highway, Serpentine. Okay, tell me exactly

0:15:52.960 --> 0:16:00.760
<v Speaker 9>what happened. Somebody shot himself in the head. That's what

0:16:01.040 --> 0:16:06.240
<v Speaker 9>the first quote is, Okay, from the Triple zero call

0:16:06.760 --> 0:16:13.160
<v Speaker 9>by mister Simmons, who is the romantic partner of the deceased.

0:16:13.960 --> 0:16:17.120
<v Speaker 9>So right out of the gate, when the operator of

0:16:17.280 --> 0:16:20.200
<v Speaker 9>Triple zero, and this is important to nail this down.

0:16:20.080 --> 0:16:22.760
<v Speaker 10>I think, is somebody shot himself in the head.

0:16:22.880 --> 0:16:24.240
<v Speaker 11>Somebody shot himself in the head.

0:16:24.440 --> 0:16:27.560
<v Speaker 9>I mean, it could be some local colloquialisms there himself

0:16:27.680 --> 0:16:29.120
<v Speaker 9>herself themself whatever.

0:16:29.720 --> 0:16:32.200
<v Speaker 11>That doesn't bother me. But the fact that it says

0:16:32.320 --> 0:16:34.600
<v Speaker 11>somebody shot himself in.

0:16:34.600 --> 0:16:36.160
<v Speaker 10>The head, yeah, I'm very vague.

0:16:36.360 --> 0:16:36.480
<v Speaker 13>Right.

0:16:36.640 --> 0:16:40.560
<v Speaker 9>If I walked into say my wife who has apparently

0:16:40.640 --> 0:16:47.000
<v Speaker 9>been shot, and I'm calling Triple zero, I'm not saying somebody, Yeah,

0:16:47.040 --> 0:16:48.120
<v Speaker 9>you would say my wife.

0:16:48.440 --> 0:16:48.760
<v Speaker 11>Amy.

0:16:49.160 --> 0:16:52.160
<v Speaker 9>So the fact that mister Simmons has somebody shot himself

0:16:52.200 --> 0:16:55.480
<v Speaker 9>in the head, Triple zero operator, okay, are you there

0:16:56.280 --> 0:16:57.560
<v Speaker 9>with the person at the moment.

0:16:58.600 --> 0:17:00.920
<v Speaker 11>No, I'm not draw down service.

0:17:01.000 --> 0:17:04.080
<v Speaker 9>I had to drive down to the service station because

0:17:04.200 --> 0:17:08.960
<v Speaker 9>my phone is broken. I have two kids, and my

0:17:09.200 --> 0:17:14.680
<v Speaker 9>wife has shot herself. There's a lot there no, I'm not.

0:17:15.000 --> 0:17:17.440
<v Speaker 9>I had to drive down to the service station because

0:17:17.480 --> 0:17:22.320
<v Speaker 9>my phone is broken. I have two kids, I'm assuming

0:17:22.560 --> 0:17:26.520
<v Speaker 9>meaning with me, and my wife has shot herself operator.

0:17:26.840 --> 0:17:31.480
<v Speaker 11>Okay, how old is she? How old is she? Twenty three?

0:17:32.160 --> 0:17:34.120
<v Speaker 11>I just she's dead.

0:17:35.440 --> 0:17:38.639
<v Speaker 9>The language being used to describe now, mind you, of

0:17:38.720 --> 0:17:41.520
<v Speaker 9>course you have to factor in I think post traumatic stress, right,

0:17:41.800 --> 0:17:45.400
<v Speaker 9>if you reaction to the situation, right, maybe some people

0:17:45.440 --> 0:17:48.640
<v Speaker 9>have a colder reaction or you know, so just so forth,

0:17:48.680 --> 0:17:50.480
<v Speaker 9>So I guess we can't go too off the deep

0:17:50.600 --> 0:17:52.160
<v Speaker 9>end with the analysis just yet.

0:17:52.160 --> 0:17:54.600
<v Speaker 11>But there's more. How old is she? How old is she?

0:17:55.040 --> 0:17:55.560
<v Speaker 11>Twenty three?

0:17:55.760 --> 0:18:00.800
<v Speaker 9>I just she's dead, right, Okay? All right, so she's

0:18:00.880 --> 0:18:04.480
<v Speaker 9>not conscious or breathing. Okay, but he's not there anymore.

0:18:04.760 --> 0:18:10.639
<v Speaker 9>He's already gone because I'm assuming to say that he

0:18:10.680 --> 0:18:14.920
<v Speaker 9>has a broken phone that he can so as important

0:18:14.960 --> 0:18:18.560
<v Speaker 9>to mister Simmons in this triple zero call as the

0:18:18.680 --> 0:18:21.120
<v Speaker 9>fact that Amy is possibly.

0:18:20.800 --> 0:18:23.960
<v Speaker 11>Dead or is dead, is that also his phone is broken?

0:18:24.480 --> 0:18:27.560
<v Speaker 9>I think the same level of detail has been given

0:18:27.560 --> 0:18:31.159
<v Speaker 9>about both subjects so far in this very critical triple

0:18:31.240 --> 0:18:35.680
<v Speaker 9>zero call. Okay, so all right, so she's not conscious

0:18:35.680 --> 0:18:38.960
<v Speaker 9>for breathing, yes, I've got kids in the car. I'm

0:18:39.000 --> 0:18:42.639
<v Speaker 9>going to have to take them to their alright, and

0:18:42.760 --> 0:18:48.240
<v Speaker 9>I have a mate standing on the highway. Okay, can

0:18:48.320 --> 0:18:53.120
<v Speaker 9>you just please come and take her or do something.

0:18:54.640 --> 0:18:54.960
<v Speaker 13>Something.

0:18:55.760 --> 0:18:59.040
<v Speaker 9>I'm kind of at a loss for words.

0:19:00.119 --> 0:19:01.919
<v Speaker 11>Could just come take her and do something?

0:19:03.119 --> 0:19:03.399
<v Speaker 10>Okay?

0:19:03.480 --> 0:19:07.200
<v Speaker 11>So, yes, we're going to get that organized.

0:19:08.160 --> 0:19:09.560
<v Speaker 10>So that was R.

0:19:10.080 --> 0:19:14.159
<v Speaker 11>Jay Simmons, R and B. Simmons, R and B. Simmons.

0:19:14.240 --> 0:19:19.359
<v Speaker 9>Okay, what is your name, sir, David Simmons. Why did

0:19:19.440 --> 0:19:23.600
<v Speaker 9>she fucking do that? That's what David Simmons says. Okay,

0:19:23.600 --> 0:19:26.120
<v Speaker 9>I'm going to get that organized for you straight away.

0:19:27.040 --> 0:19:30.560
<v Speaker 9>Mister Simmons says, all right, thank you very much. All right,

0:19:30.800 --> 0:19:35.200
<v Speaker 9>see you all all right by all right, end of

0:19:35.359 --> 0:19:36.480
<v Speaker 9>the Triple zero call.

0:19:43.160 --> 0:19:48.800
<v Speaker 1>In her findings, the Kroner indicates she believed David simmons testimony.

0:19:50.560 --> 0:19:53.560
<v Speaker 1>But before we proceed with what she said, we just

0:19:53.640 --> 0:19:56.840
<v Speaker 1>want to apologize in advance for some of the wording

0:19:57.240 --> 0:20:01.760
<v Speaker 1>used here and elsewhere in this podcast. When discussing suicide.

0:20:02.880 --> 0:20:07.320
<v Speaker 1>We're aware that it should never be classified as committing suicide,

0:20:07.600 --> 0:20:13.080
<v Speaker 1>but taking one's own life or dying by suicide. However,

0:20:13.560 --> 0:20:18.280
<v Speaker 1>for accuracy we are quoting from transcripts provided to us.

0:20:19.720 --> 0:20:23.119
<v Speaker 14>David Simmons denied having any involvement in Amy's death and

0:20:23.240 --> 0:20:26.960
<v Speaker 14>maintained his position that Amy committed suicide. In my view,

0:20:27.200 --> 0:20:30.240
<v Speaker 14>there were aspects of David's evidence that minimized the difficulties

0:20:30.280 --> 0:20:33.680
<v Speaker 14>of his relationship with Amy and his controlling and aggressive

0:20:33.720 --> 0:20:36.920
<v Speaker 14>behavior towards her, but there was nothing in his demeanor

0:20:37.000 --> 0:20:40.640
<v Speaker 14>to suggest he was lying about how Amy died. Further,

0:20:40.800 --> 0:20:43.080
<v Speaker 14>I give some weight to the limited opportunity the two

0:20:43.119 --> 0:20:45.840
<v Speaker 14>men had to concoct a story, given the short time

0:20:45.920 --> 0:20:49.040
<v Speaker 14>frame between when Amy spoke to Nancy and their arrival

0:20:49.080 --> 0:20:53.560
<v Speaker 14>at the Serpentine roadhouse. Weighing against the evidence of Amy's

0:20:53.600 --> 0:20:56.480
<v Speaker 14>family is the evidence that Amy had been diagnosed with

0:20:56.680 --> 0:21:00.680
<v Speaker 14>anxiety and depression, which has a known association the increased

0:21:00.760 --> 0:21:04.440
<v Speaker 14>risk of suicide, and was clearly in a tumultuous relationship

0:21:04.520 --> 0:21:07.600
<v Speaker 14>that had made her deeply unhappy at times. She was

0:21:07.640 --> 0:21:10.679
<v Speaker 14>separated from David a number of times, but they always

0:21:10.720 --> 0:21:13.840
<v Speaker 14>got back together, which may well have created some sense

0:21:13.880 --> 0:21:16.680
<v Speaker 14>of futility in her mind as to her prospects of

0:21:16.800 --> 0:21:20.560
<v Speaker 14>ever escaping the relationship. Some of her messages to friends

0:21:20.640 --> 0:21:23.440
<v Speaker 14>and even to David indicate that she felt caught in

0:21:23.480 --> 0:21:26.399
<v Speaker 14>a vicious cycle where she loved him and wanted to

0:21:26.480 --> 0:21:29.440
<v Speaker 14>keep her family unit together, but felt like David would

0:21:29.520 --> 0:21:33.680
<v Speaker 14>never change. I accept that Amy loved her daughters unconditionally,

0:21:34.000 --> 0:21:37.160
<v Speaker 14>but many people who love their family sadly do commit

0:21:37.240 --> 0:21:41.600
<v Speaker 14>suicide in moments of despair without thinking through the tragic consequences.

0:21:43.520 --> 0:21:47.840
<v Speaker 1>So just noting here that contrary to the analysis of

0:21:48.040 --> 0:21:53.960
<v Speaker 1>evidence by experts, the coroner still considers suicide an option

0:21:54.760 --> 0:21:59.920
<v Speaker 1>in Amy's manner of death. I catch up with Skill

0:22:00.960 --> 0:22:04.520
<v Speaker 1>to discuss what the evidence tells him happened to Ami

0:22:05.040 --> 0:22:08.280
<v Speaker 1>and the why her caise has been handled todight.

0:22:08.840 --> 0:22:11.320
<v Speaker 11>There's so many things that trouble me about this.

0:22:11.960 --> 0:22:15.200
<v Speaker 9>The number one thing is the position in which she's

0:22:15.320 --> 0:22:19.440
<v Speaker 9>located is not in a position you would expect.

0:22:19.600 --> 0:22:23.160
<v Speaker 11>Somebody who is taking their own life.

0:22:23.359 --> 0:22:23.479
<v Speaker 5>Right.

0:22:24.119 --> 0:22:29.960
<v Speaker 11>She's in a position that is not comfortable. It's not

0:22:30.040 --> 0:22:31.800
<v Speaker 11>a position that you would naturally be in.

0:22:32.520 --> 0:22:35.080
<v Speaker 9>I would think that if there was a deliberate self

0:22:35.119 --> 0:22:38.240
<v Speaker 9>inflicted gunshot wound, maybe you'd be on the bed, you'd

0:22:38.280 --> 0:22:41.720
<v Speaker 9>be sitting in a place. Because, especially when it comes

0:22:41.800 --> 0:22:49.560
<v Speaker 9>to women and suicide, they tend statistically to not do

0:22:49.760 --> 0:22:53.879
<v Speaker 9>things that are messy or bloody, right because they know

0:22:54.920 --> 0:22:57.959
<v Speaker 9>they're going to be found by people that love them.

0:22:58.960 --> 0:23:01.520
<v Speaker 11>And it's just to me, does not.

0:23:01.800 --> 0:23:06.280
<v Speaker 9>Strike at all as a suicide scene when we look

0:23:06.280 --> 0:23:11.680
<v Speaker 9>at the corners details of the report, which demonstrates that

0:23:11.720 --> 0:23:16.920
<v Speaker 9>there's a pneumothorax on her left chest. So deep bruce, Yeah,

0:23:17.240 --> 0:23:19.680
<v Speaker 9>deep bruise on a left chest. And now we can't

0:23:19.880 --> 0:23:25.600
<v Speaker 9>time how soon before the shot that that bruce happened,

0:23:26.119 --> 0:23:29.920
<v Speaker 9>but that bruce is there, and it's incredibly suspicious and

0:23:30.040 --> 0:23:33.080
<v Speaker 9>to me indicates that there was violence. And even if

0:23:33.119 --> 0:23:36.080
<v Speaker 9>you look at the photograph, the selfie that Amy took

0:23:36.560 --> 0:23:40.800
<v Speaker 9>sitting on the bed right there into that mirror, to me,

0:23:41.080 --> 0:23:46.080
<v Speaker 9>that was a protest photograph like don't mess with me.

0:23:46.560 --> 0:23:48.480
<v Speaker 1>I've got the gun, I'm in control, I'm.

0:23:48.359 --> 0:23:51.399
<v Speaker 9>In control of my life, this is my life. That

0:23:51.600 --> 0:23:55.760
<v Speaker 9>was a protest picture. That was not a picture foreshadowing

0:23:56.080 --> 0:24:00.880
<v Speaker 9>a suicide. That was a picture of strength and self empowerment,

0:24:01.520 --> 0:24:03.800
<v Speaker 9>like I've got this, don't mess with me.

0:24:04.280 --> 0:24:05.480
<v Speaker 11>That's what that picture says to me.

0:24:05.680 --> 0:24:09.040
<v Speaker 1>And yet less than an hour lighter, that's where she is.

0:24:09.160 --> 0:24:13.520
<v Speaker 9>She stayed, Yeah, crammed between a door, so that you

0:24:13.560 --> 0:24:18.680
<v Speaker 9>can barely open the door with blood on the left

0:24:18.760 --> 0:24:22.320
<v Speaker 9>side on this wall here at about chair level, with

0:24:22.560 --> 0:24:27.359
<v Speaker 9>bruising on her chest, bruising on her buttock, with her

0:24:27.440 --> 0:24:32.000
<v Speaker 9>right hand properly under her right buttock, so which means

0:24:32.040 --> 0:24:35.159
<v Speaker 9>that that takes her right hand out of play to

0:24:35.280 --> 0:24:35.959
<v Speaker 9>pull the trigger.

0:24:36.280 --> 0:24:40.359
<v Speaker 1>Well, if she's pulled the trigger with her left hand,

0:24:41.400 --> 0:24:43.800
<v Speaker 1>as the police insisted, yeah, Hall the heck has she

0:24:43.880 --> 0:24:44.159
<v Speaker 1>done that?

0:24:44.359 --> 0:24:44.960
<v Speaker 10>You cannot do it.

0:24:45.359 --> 0:24:50.159
<v Speaker 9>You cannot have a shot to the right side of

0:24:50.200 --> 0:24:55.080
<v Speaker 9>the forehead right at the temple at ninety degrees, being

0:24:55.119 --> 0:24:58.359
<v Speaker 9>able to hold the gun out with your right hand

0:24:58.440 --> 0:25:02.439
<v Speaker 9>under your buttock and even reach the trigger with your

0:25:02.560 --> 0:25:05.240
<v Speaker 9>left hand. Now, mind you, the left hand cannot pull

0:25:05.359 --> 0:25:09.600
<v Speaker 9>the trigger because the left hand has gunshot residue on it,

0:25:10.040 --> 0:25:13.680
<v Speaker 9>meaning the left hand was wrapped around the barrel of

0:25:13.720 --> 0:25:17.600
<v Speaker 9>the gun, which is the positive of the gunshot residue

0:25:17.680 --> 0:25:20.280
<v Speaker 9>and burning on the interior of her left hand, and

0:25:20.400 --> 0:25:21.760
<v Speaker 9>that's a defensive wound.

0:25:22.320 --> 0:25:25.440
<v Speaker 7>As you know. The same conclusions were made at the inquest,

0:25:25.760 --> 0:25:28.440
<v Speaker 7>except they've tried to reason that it was possible Amy

0:25:28.560 --> 0:25:32.639
<v Speaker 7>used her right hand. The currenter concluded in her findings.

0:25:32.560 --> 0:25:34.919
<v Speaker 14>I have some reservations about how much weight I can

0:25:35.000 --> 0:25:38.800
<v Speaker 14>give to the biomechanical expert opinions given the limitations in

0:25:38.880 --> 0:25:42.080
<v Speaker 14>the testing. However, I have indicated that I am persuaded

0:25:42.119 --> 0:25:44.920
<v Speaker 14>by those opinions that the position of Amy's right hand

0:25:44.960 --> 0:25:48.920
<v Speaker 14>in the photographs taken by Senior Constable Reynolds raises doubt

0:25:49.080 --> 0:25:52.200
<v Speaker 14>as to whether Amy committed suicide, given the results of

0:25:52.240 --> 0:25:55.879
<v Speaker 14>the biomechanical testing and their general expert opinions as to

0:25:55.920 --> 0:25:59.359
<v Speaker 14>the positioning of her hand in that manner. Counsel for

0:25:59.400 --> 0:26:02.600
<v Speaker 14>the family also pointed to the absence of gunshot residue

0:26:02.720 --> 0:26:05.840
<v Speaker 14>on Amy's right hand, but I consider this evidence less

0:26:05.880 --> 0:26:09.320
<v Speaker 14>compelling given the limitations of this type of forensic evidence

0:26:09.600 --> 0:26:13.159
<v Speaker 14>and the qualifications of doctor Pitts. Doctor Pitts could not

0:26:13.280 --> 0:26:15.800
<v Speaker 14>exclude the possibility that Amy pulled the trigger of the

0:26:15.840 --> 0:26:18.919
<v Speaker 14>shotgun with her right hand and then fell underneath her

0:26:18.960 --> 0:26:23.360
<v Speaker 14>body before the gunshot residue settled. The absence of fingerprints

0:26:23.400 --> 0:26:26.040
<v Speaker 14>on the shotgun and her blood inside the breech face

0:26:26.119 --> 0:26:29.359
<v Speaker 14>and barrel chamber also did not advance the case given

0:26:29.600 --> 0:26:32.560
<v Speaker 14>the other explanations provided by expert witnesses.

0:26:40.760 --> 0:26:43.919
<v Speaker 7>While not wishing to give weight to the biomechanical analysis

0:26:44.000 --> 0:26:47.280
<v Speaker 7>on the basis the testing had too many limitations. Her

0:26:47.440 --> 0:26:51.719
<v Speaker 7>honor surprisingly determines the selfie taken by Amy half an

0:26:51.760 --> 0:26:57.639
<v Speaker 7>hour before her death was objective evidence supporting suicide. Objective

0:26:57.760 --> 0:27:01.600
<v Speaker 7>is the word she uses in mind that the selfie

0:27:01.720 --> 0:27:05.920
<v Speaker 7>was taken after her confrontation with Simmons, but before Amy

0:27:05.960 --> 0:27:09.200
<v Speaker 7>spoke to her mum, Nancy, who she told she was

0:27:09.280 --> 0:27:10.040
<v Speaker 7>on her way.

0:27:10.640 --> 0:27:13.600
<v Speaker 4>Oh I will I'll see you soon, I will come.

0:27:14.160 --> 0:27:16.920
<v Speaker 14>In my view, the existence of the photograph adds weight

0:27:17.040 --> 0:27:20.399
<v Speaker 14>to the possibility that Amy committed suicide. Although it is

0:27:20.560 --> 0:27:23.800
<v Speaker 14>not conclusive, it shows she had access to the shotgun

0:27:23.840 --> 0:27:26.600
<v Speaker 14>when alone in the bedroom only minutes before she died.

0:27:26.720 --> 0:27:29.879
<v Speaker 14>As a result of discharging as a coroner, I have

0:27:29.960 --> 0:27:33.160
<v Speaker 14>seen many similar photographs in other cases where a person

0:27:33.240 --> 0:27:36.080
<v Speaker 14>has taken a photograph of themselves with an item that

0:27:36.160 --> 0:27:39.440
<v Speaker 14>they then subsequently use to take their own life. Often

0:27:39.480 --> 0:27:42.520
<v Speaker 14>they'll send the photograph to family or friends beforehand, but

0:27:42.840 --> 0:27:47.320
<v Speaker 14>not always. The photography is not by definition a suicide note,

0:27:47.680 --> 0:27:50.120
<v Speaker 14>but it is often a way of documenting their intention.

0:27:51.000 --> 0:27:53.320
<v Speaker 14>I accept that there might be other reasons Amy took

0:27:53.320 --> 0:27:56.440
<v Speaker 14>the photography, including perhaps with an intention to send a

0:27:56.480 --> 0:27:59.240
<v Speaker 14>warning to David that she had a firearm and might

0:27:59.320 --> 0:28:02.400
<v Speaker 14>be prepared to pecked herself with it. There's no evidence

0:28:02.440 --> 0:28:04.920
<v Speaker 14>she sent the photo to him, but there was evidence

0:28:05.000 --> 0:28:07.560
<v Speaker 14>that the mobile coverage in that area was often poor,

0:28:07.920 --> 0:28:10.760
<v Speaker 14>which could explain why she did not send it, either

0:28:11.000 --> 0:28:14.159
<v Speaker 14>as an indication of her intention to commit suicide or

0:28:14.200 --> 0:28:14.639
<v Speaker 14>a warning.

0:28:15.400 --> 0:28:18.240
<v Speaker 7>What doesn't make sense here is how the coroner could

0:28:18.280 --> 0:28:21.480
<v Speaker 7>draw any conclusion on the photo when it's impossible to

0:28:21.600 --> 0:28:24.840
<v Speaker 7>know what Amy was thinking when she took it, especially

0:28:24.960 --> 0:28:28.520
<v Speaker 7>as she did not even know Amy, Whereas the actual

0:28:28.640 --> 0:28:32.359
<v Speaker 7>objective evidence of experts carrying out testing based on the

0:28:32.440 --> 0:28:36.880
<v Speaker 7>facts known in Amy's case is given significantly less weight.

0:28:37.040 --> 0:28:40.000
<v Speaker 5>She could stabilize the gun and pull the trigger with

0:28:40.080 --> 0:28:40.760
<v Speaker 5>her right hand.

0:28:41.000 --> 0:28:43.880
<v Speaker 7>It's possible back to Liam's interview with Scott where they

0:28:43.960 --> 0:28:47.040
<v Speaker 7>discussed the position of the gun in relation to Amy's body.

0:28:47.280 --> 0:28:50.640
<v Speaker 7>According to people who were there the night she died, this.

0:28:50.800 --> 0:28:54.040
<v Speaker 1>Is how Amy was found. This is the exact position,

0:28:54.840 --> 0:28:59.120
<v Speaker 1>and this is the exact dimensions. How the heck did

0:28:59.160 --> 0:29:00.520
<v Speaker 1>the gun end up like that?

0:29:01.040 --> 0:29:02.720
<v Speaker 11>Well, the answer is very simple. The gun did not

0:29:02.880 --> 0:29:03.360
<v Speaker 11>end up like that.

0:29:03.600 --> 0:29:06.640
<v Speaker 9>Somebody just said the gun was like that, because we

0:29:06.880 --> 0:29:11.120
<v Speaker 9>have a polluted crime scene. Before the police officer comes

0:29:11.200 --> 0:29:14.120
<v Speaker 9>into the scene, we have a minimum of two people,

0:29:14.320 --> 0:29:18.640
<v Speaker 9>possibly three people other than Amy that have already interacted

0:29:18.760 --> 0:29:22.320
<v Speaker 9>with the gun and the scene. And those people I

0:29:22.400 --> 0:29:29.160
<v Speaker 9>don't believe were properly quarantined, questioned, examined, searched, and tested

0:29:29.800 --> 0:29:32.480
<v Speaker 9>to test the veracity of what they said they did,

0:29:33.680 --> 0:29:38.720
<v Speaker 9>which clearly they manipulated the crime scene.

0:29:39.000 --> 0:29:41.000
<v Speaker 11>They polluted the crime scene.

0:29:41.040 --> 0:29:44.600
<v Speaker 1>Well, you've seen a lot of these sort of scenes.

0:29:44.320 --> 0:29:45.920
<v Speaker 11>Unfortunately, yes, over the years.

0:29:46.520 --> 0:29:49.520
<v Speaker 1>So what do you think on first glance and looking

0:29:49.520 --> 0:29:52.320
<v Speaker 1>at all the forensic analysis, is this a murder saying?

0:29:52.520 --> 0:29:53.760
<v Speaker 1>Or is this a suicide saying?

0:29:54.080 --> 0:29:58.840
<v Speaker 11>One hundred percent? This is a murder scene one hundred percent.

0:29:59.440 --> 0:30:03.080
<v Speaker 9>This is a as a matter of fact, every police investigation,

0:30:03.200 --> 0:30:07.880
<v Speaker 9>when you have a suspicious death, you must start with murder.

0:30:08.400 --> 0:30:11.760
<v Speaker 9>You must assume that it's murder, and then work the

0:30:11.880 --> 0:30:17.120
<v Speaker 9>evidence to either confirm the murder or another hypothesis. But

0:30:17.240 --> 0:30:21.479
<v Speaker 9>if you don't start with murder, you're going to miss

0:30:21.680 --> 0:30:26.200
<v Speaker 9>critical evidence, and unfortunately happen to be in the situation

0:30:26.280 --> 0:30:29.800
<v Speaker 9>that we're in now where it's ten years later and

0:30:30.040 --> 0:30:33.600
<v Speaker 9>we're rehashing things that should have been done the day

0:30:34.440 --> 0:30:36.959
<v Speaker 9>of the death, and that's tragic.

0:30:37.760 --> 0:30:40.920
<v Speaker 1>Scott. That is quite a big gun. I mean, I

0:30:41.000 --> 0:30:44.680
<v Speaker 1>know it's a small gun in a shotgun way, but

0:30:44.800 --> 0:30:47.120
<v Speaker 1>it's still quite a big gun. Especially you can see

0:30:47.640 --> 0:30:51.840
<v Speaker 1>the dimensions of the time of Amy's body. For a

0:30:51.920 --> 0:30:55.720
<v Speaker 1>slightly built lady that she was, that's quite a big gun.

0:30:55.920 --> 0:30:56.120
<v Speaker 15>Yeah.

0:30:57.160 --> 0:31:01.480
<v Speaker 1>How the heck could she have with her left hand,

0:31:01.520 --> 0:31:05.840
<v Speaker 1>as the police say, raise that up this way, horizontal

0:31:05.880 --> 0:31:07.640
<v Speaker 1>to the floor and shoot it, because that's what they

0:31:07.720 --> 0:31:09.120
<v Speaker 1>maintained at the coronial inquest.

0:31:09.360 --> 0:31:11.840
<v Speaker 9>Well, I would like to be at that Coronial in

0:31:11.920 --> 0:31:16.040
<v Speaker 9>Quest part two to put some questions to them, because

0:31:16.480 --> 0:31:18.280
<v Speaker 9>I don't think that they can answer the questions, and

0:31:18.360 --> 0:31:19.960
<v Speaker 9>we intend to prove, and I think that we have

0:31:20.200 --> 0:31:23.280
<v Speaker 9>proven so far based on the evidence, that that's just

0:31:24.720 --> 0:31:25.200
<v Speaker 9>just wrong.

0:31:25.400 --> 0:31:26.360
<v Speaker 5>It's just wrong.

0:31:26.840 --> 0:31:27.880
<v Speaker 11>However, we can.

0:31:27.920 --> 0:31:31.840
<v Speaker 9>Put together an experiment to substantiate what we believe is

0:31:31.920 --> 0:31:34.960
<v Speaker 9>the most reasonable to a degree of scientific certainty, we

0:31:35.080 --> 0:31:36.720
<v Speaker 9>can do that they cannot.

0:31:37.480 --> 0:31:41.480
<v Speaker 1>Well, given the position of the body, given the dimensions

0:31:41.520 --> 0:31:46.200
<v Speaker 1>of this room, the blood spatter where it was. What's

0:31:46.280 --> 0:31:50.960
<v Speaker 1>your biggest issue, what's your biggest single problem with finding

0:31:51.040 --> 0:31:51.720
<v Speaker 1>of suicide.

0:31:52.600 --> 0:31:55.160
<v Speaker 9>I think the thing is it's the totality of the circumstances.

0:31:55.360 --> 0:31:58.080
<v Speaker 9>It always comes down to the interrelationship of the evidence

0:31:58.440 --> 0:32:02.000
<v Speaker 9>that SuDS everything of everything because I first, whenever we

0:32:02.360 --> 0:32:04.520
<v Speaker 9>do any kind of a homicide investigation, it's about the

0:32:04.600 --> 0:32:05.840
<v Speaker 9>contextual analysis.

0:32:05.960 --> 0:32:06.080
<v Speaker 1>Right.

0:32:06.400 --> 0:32:09.520
<v Speaker 9>So we've got two children, Amy's two children in the

0:32:09.640 --> 0:32:13.480
<v Speaker 9>car just however many yards out that way with the

0:32:13.600 --> 0:32:16.960
<v Speaker 9>car on the kids in the car, right, and she's

0:32:17.000 --> 0:32:19.040
<v Speaker 9>just popping back in the house for a second, right,

0:32:19.520 --> 0:32:23.160
<v Speaker 9>and she's going to commit suicide. That doesn't make any sense, right,

0:32:23.320 --> 0:32:24.280
<v Speaker 9>doesn't make any sense.

0:32:24.240 --> 0:32:27.800
<v Speaker 7>Even if taking into consideration the body being moved. There's

0:32:27.920 --> 0:32:31.600
<v Speaker 7>no scenario with the available evidence that makes sense to

0:32:31.760 --> 0:32:32.120
<v Speaker 7>rote out.

0:32:32.240 --> 0:32:36.560
<v Speaker 9>There's got a trigger pull, right, you take some power

0:32:36.920 --> 0:32:40.680
<v Speaker 9>to pull that away, right, because if the gun is

0:32:40.800 --> 0:32:44.160
<v Speaker 9>this way, she's got to pull the trigger that way,

0:32:44.440 --> 0:32:45.360
<v Speaker 9>and pull the trigger that way.

0:32:45.440 --> 0:32:49.120
<v Speaker 6>She's got to push it out right and keeping.

0:32:48.920 --> 0:32:51.440
<v Speaker 11>It in close contact. But then.

0:32:53.040 --> 0:32:54.480
<v Speaker 9>Maybe she could have done it with the right hand,

0:32:54.480 --> 0:32:57.280
<v Speaker 9>but the right hand's properly under her buck, so that's

0:32:57.320 --> 0:32:59.920
<v Speaker 9>not possible. So there's another scenario that we could try

0:32:59.920 --> 0:33:03.360
<v Speaker 9>to work out for possibility is maybe the gun was

0:33:03.480 --> 0:33:06.720
<v Speaker 9>propped on the ground, using the ground as the as

0:33:06.800 --> 0:33:09.200
<v Speaker 9>the force. And then if you could just take your

0:33:09.240 --> 0:33:11.400
<v Speaker 9>left hand and put it around the barrel and put

0:33:11.440 --> 0:33:15.360
<v Speaker 9>it towards your temple like that, Okay, and then and

0:33:15.440 --> 0:33:16.600
<v Speaker 9>then but then, okay, it.

0:33:16.600 --> 0:33:19.080
<v Speaker 11>Would still require her to pull the trigger.

0:33:18.880 --> 0:33:21.600
<v Speaker 9>With her right hand, which cannot do because it's under

0:33:21.640 --> 0:33:25.280
<v Speaker 9>her right bum properly. And if she did it this way,

0:33:25.840 --> 0:33:30.080
<v Speaker 9>the spatter would be an upward trajectory and the shape

0:33:30.120 --> 0:33:34.840
<v Speaker 9>of the wound wouldn't be symmetrical, but it would be elliptical.

0:33:35.160 --> 0:33:36.440
<v Speaker 6>It would be it would be an.

0:33:36.360 --> 0:33:40.000
<v Speaker 11>Elliptical shape, and the wound would spray out this way.

0:33:40.360 --> 0:33:42.240
<v Speaker 11>But that's not what the corner says.

0:33:42.320 --> 0:33:46.640
<v Speaker 9>The corner says it was ninety degrees straight, straight level plane.

0:33:46.800 --> 0:33:48.520
<v Speaker 1>Yeah, horizontal to the ground.

0:33:48.720 --> 0:33:48.840
<v Speaker 7>Right.

0:33:49.560 --> 0:33:54.040
<v Speaker 9>So there's really no scenario left hand, right hand, because

0:33:54.080 --> 0:33:55.160
<v Speaker 9>you have to factor.

0:33:54.920 --> 0:33:57.600
<v Speaker 11>In what we have known variables. Right we have known data.

0:33:58.160 --> 0:33:59.360
<v Speaker 11>The right hand is under the bum.

0:34:00.000 --> 0:34:03.400
<v Speaker 9>Her left hand has got burn marks around it, which

0:34:03.480 --> 0:34:05.720
<v Speaker 9>means it was in contact with the barrel as the

0:34:05.840 --> 0:34:06.480
<v Speaker 9>barrel as the.

0:34:06.480 --> 0:34:07.160
<v Speaker 11>Gun was fired.

0:34:07.640 --> 0:34:09.799
<v Speaker 9>So the left hand can't pull the trigger, the right

0:34:09.920 --> 0:34:13.040
<v Speaker 9>can can't pull the trigger, and as an investigator, Liam

0:34:13.400 --> 0:34:16.280
<v Speaker 9>is becoming pretty obvious she didn't pull the trigger.

0:34:17.440 --> 0:34:23.720
<v Speaker 1>There's no scenario that you can concoct here now with scale,

0:34:24.360 --> 0:34:26.880
<v Speaker 1>in any way, shape or form that gets you to

0:34:26.920 --> 0:34:28.160
<v Speaker 1>the point where she pulls the trigger.

0:34:28.280 --> 0:34:31.800
<v Speaker 9>Now, there's no scenario based on the evidence that we have,

0:34:32.560 --> 0:34:35.320
<v Speaker 9>where she could do this by herself.

0:34:35.560 --> 0:34:37.560
<v Speaker 11>Just nothing could happen that way, just can't happen.

0:34:37.840 --> 0:34:41.040
<v Speaker 7>Scott Rohder and his team of forensic experts are convinced

0:34:41.160 --> 0:34:43.160
<v Speaker 7>Amy didn't take her own life.

0:34:43.680 --> 0:34:46.120
<v Speaker 11>This is not a suicide. I'm telling you one hundred

0:34:46.120 --> 0:34:47.560
<v Speaker 11>percent not a suicide.

0:34:48.680 --> 0:34:51.680
<v Speaker 7>And as you'll recall, there is now a one million

0:34:51.760 --> 0:34:54.680
<v Speaker 7>dollar reward for anyone with information that will lead to

0:34:54.760 --> 0:34:58.440
<v Speaker 7>a conviction. But because of the current's open finding, there

0:34:58.520 --> 0:35:02.320
<v Speaker 7>doesn't seem to be any urgent and the idea it

0:35:02.400 --> 0:35:06.080
<v Speaker 7>could have been suicide still casts a dark shadow over

0:35:06.200 --> 0:35:08.640
<v Speaker 7>the possibility of progress in the case.

0:35:11.239 --> 0:35:13.880
<v Speaker 1>I mean, there are so many variables that have been

0:35:13.960 --> 0:35:17.360
<v Speaker 1>poured over. What sticks out for you?

0:35:18.040 --> 0:35:20.640
<v Speaker 9>The first thing I think that sticks out for me

0:35:21.040 --> 0:35:26.320
<v Speaker 9>is that Amy was trapped. The position that she's found

0:35:26.400 --> 0:35:30.240
<v Speaker 9>in her final resting position, it looks like she was trapped.

0:35:30.960 --> 0:35:34.200
<v Speaker 1>So that's a red flag to you straight up, as

0:35:34.280 --> 0:35:37.600
<v Speaker 1>it was for the uniformed officers who first turned up

0:35:37.719 --> 0:35:41.640
<v Speaker 1>and first viewed that scene. And yet when the detectives

0:35:41.719 --> 0:35:45.680
<v Speaker 1>turned up, none of those bells and whistles went off.

0:35:46.600 --> 0:35:50.480
<v Speaker 1>Are you surprised, knowing what you know now, are you

0:35:50.640 --> 0:35:56.600
<v Speaker 1>surprised the detectives so quickly put that into the suicide basket?

0:35:56.920 --> 0:35:58.920
<v Speaker 6>Well, I'm shocked, frankly.

0:36:00.600 --> 0:36:06.000
<v Speaker 9>Surprises, and I think strong enough, I'm shocked, and it's inexplicable.

0:36:06.040 --> 0:36:11.600
<v Speaker 9>It's unexplainable to look at a woman who has no

0:36:11.880 --> 0:36:19.120
<v Speaker 9>cause or history to commit suicide. She's in a trapped space, confined,

0:36:20.480 --> 0:36:22.799
<v Speaker 9>and to just put it in the basket of suicide

0:36:23.600 --> 0:36:30.400
<v Speaker 9>is frankly against all principles of forensic science and homicide investigation.

0:36:31.200 --> 0:36:33.200
<v Speaker 14>It became clear by the end of the inquest that

0:36:33.440 --> 0:36:36.000
<v Speaker 14>very few of the witnesses were neutral in their position

0:36:36.160 --> 0:36:39.680
<v Speaker 14>as to how Amy died. While acknowledging the importance of

0:36:39.719 --> 0:36:42.880
<v Speaker 14>the evidence and opinion of all the witnesses, there are

0:36:42.960 --> 0:36:46.640
<v Speaker 14>several opinions that stand out to me as carrying particular weight.

0:36:47.400 --> 0:36:50.200
<v Speaker 7>The Deputy State Coroner doesn't refer to any of the

0:36:50.280 --> 0:36:55.240
<v Speaker 7>forensic experts here, only police officers including those first unseen,

0:36:55.600 --> 0:36:59.759
<v Speaker 7>the officer responsible for undertaking the coronial investigation, the head

0:36:59.800 --> 0:37:03.280
<v Speaker 7>of the cold case homicide review team, and former homicide

0:37:03.320 --> 0:37:07.640
<v Speaker 7>detective Ron Eddels. You'll hear from mister Eddels shortly.

0:37:08.400 --> 0:37:11.359
<v Speaker 14>What I take from these various opinions is that while

0:37:11.440 --> 0:37:14.520
<v Speaker 14>the available evidence points to Amy having made an impulsive

0:37:14.640 --> 0:37:17.680
<v Speaker 14>and tragic decision to take her life, a number of

0:37:17.760 --> 0:37:21.839
<v Speaker 14>experienced police investigators continue to have reservations about this case

0:37:22.239 --> 0:37:26.000
<v Speaker 14>and retain some doubt about the conclusion Amy committed suicide.

0:37:26.560 --> 0:37:28.720
<v Speaker 14>While none of them have been able to identify evidence

0:37:28.719 --> 0:37:31.600
<v Speaker 14>that would go anyway towards proving that another person was

0:37:31.719 --> 0:37:34.520
<v Speaker 14>involved in her death, they are also not satisfied that

0:37:34.640 --> 0:37:37.640
<v Speaker 14>it can be ruled out based on their training, experience

0:37:38.040 --> 0:37:39.000
<v Speaker 14>and gut instincts.

0:37:39.880 --> 0:37:41.560
<v Speaker 7>Scott Rhoda would beg to differ.

0:37:41.800 --> 0:37:47.440
<v Speaker 9>We've done dozens and dozens of investigations where it's been

0:37:47.600 --> 0:37:51.840
<v Speaker 9>ruled initially a suicide and then after some work, you know,

0:37:51.960 --> 0:37:55.200
<v Speaker 9>we've determined to a degree of scientific certainty that it

0:37:55.360 --> 0:37:56.440
<v Speaker 9>was a homicide.

0:37:56.800 --> 0:37:59.400
<v Speaker 6>This case is one of those cases.

0:38:00.000 --> 0:38:03.320
<v Speaker 1>What's the biggest roadblock for you in accepting the police

0:38:03.400 --> 0:38:04.799
<v Speaker 1>position that it was suicide?

0:38:05.120 --> 0:38:07.760
<v Speaker 6>Well, I just can't accept their position.

0:38:07.880 --> 0:38:10.480
<v Speaker 9>But the biggest roadblock is the physical and the forensic

0:38:10.560 --> 0:38:15.560
<v Speaker 9>evidence and the inter relationship of that evidence to the

0:38:16.160 --> 0:38:19.480
<v Speaker 9>factual scenario of how we even get to the triple

0:38:19.600 --> 0:38:24.200
<v Speaker 9>zero phone call. You know, it's not all about just

0:38:24.360 --> 0:38:28.719
<v Speaker 9>bullet trajectory, blood spatter, and body position. It's what that

0:38:29.000 --> 0:38:33.279
<v Speaker 9>tells you about what was happening prior to the shot

0:38:33.360 --> 0:38:36.000
<v Speaker 9>being fired. And we have all kinds of evidence in

0:38:36.080 --> 0:38:39.840
<v Speaker 9>this case that tell us she was trying to escape

0:38:40.800 --> 0:38:42.959
<v Speaker 9>that life, not end that life.

0:38:44.000 --> 0:38:47.719
<v Speaker 1>Often in court these things come up in terms of probability.

0:38:48.719 --> 0:38:54.680
<v Speaker 1>Do you think there is any probability that Amy killed herself?

0:38:55.280 --> 0:38:57.680
<v Speaker 6>No, No, one under.

0:38:58.840 --> 0:39:05.080
<v Speaker 1>This is a homicide. You wouldn't even give it a chance.

0:39:05.280 --> 0:39:10.080
<v Speaker 1>No statistical attribution whatsoever to Amy killing herself.

0:39:10.680 --> 0:39:15.160
<v Speaker 9>I'll explain it this way. There is a chance that

0:39:16.239 --> 0:39:19.800
<v Speaker 9>I'm a hologram sitting here talking to you. There's a chance.

0:39:20.680 --> 0:39:24.200
<v Speaker 9>It's not probable, though, Liam, I'm really here. But there's

0:39:24.200 --> 0:39:27.120
<v Speaker 9>a chance that I'm a hologram. Small chance.

0:39:28.080 --> 0:39:30.480
<v Speaker 1>I put it on that level, so almost absurd.

0:39:30.840 --> 0:39:34.960
<v Speaker 9>Yeah, it is absurd, honestly, when you look at the

0:39:35.080 --> 0:39:37.760
<v Speaker 9>totality of the evidence, when you look at her body position.

0:39:37.800 --> 0:39:40.520
<v Speaker 9>When you look at her wounds, you look at the

0:39:40.560 --> 0:39:44.560
<v Speaker 9>position of her hands. She could not physically do.

0:39:44.719 --> 0:39:46.280
<v Speaker 6>This to herself.

0:39:46.680 --> 0:39:49.680
<v Speaker 1>I take what you say about the totality of evidence,

0:39:50.160 --> 0:39:53.319
<v Speaker 1>and that's safer. But can we just talk about the gun, sure,

0:39:53.800 --> 0:39:56.480
<v Speaker 1>just the gun and the gun shot, the gun that

0:39:56.640 --> 0:39:59.880
<v Speaker 1>Amy used. Is there any way physically that you can

0:40:00.120 --> 0:40:03.400
<v Speaker 1>see that she could have used her own hand to

0:40:03.440 --> 0:40:04.160
<v Speaker 1>pull that trigger.

0:40:04.440 --> 0:40:09.480
<v Speaker 9>Yes, but it's not possible for her to discharge it,

0:40:11.040 --> 0:40:15.279
<v Speaker 9>and it be consistent with the wound, the trajectory, the

0:40:15.360 --> 0:40:18.080
<v Speaker 9>blood spatter, and honestly.

0:40:19.480 --> 0:40:21.000
<v Speaker 6>Her hand positions.

0:40:21.680 --> 0:40:24.759
<v Speaker 9>Anybody can grab that gun and shoot it right, but

0:40:25.000 --> 0:40:29.480
<v Speaker 9>you cannot do it if you factor in what I

0:40:29.560 --> 0:40:35.000
<v Speaker 9>would call known values, and the known values in the

0:40:35.080 --> 0:40:38.560
<v Speaker 9>scientific aspect of the evaluation of this case are Her

0:40:38.680 --> 0:40:41.640
<v Speaker 9>right hand is out of play from pulling the trigger

0:40:41.960 --> 0:40:45.360
<v Speaker 9>or stabilizing the gun because of the position it's in,

0:40:45.640 --> 0:40:49.600
<v Speaker 9>which is under her right buttock. That's out of play.

0:40:50.000 --> 0:40:52.560
<v Speaker 9>Her left hand is out of play from pulling the

0:40:52.640 --> 0:40:57.920
<v Speaker 9>trigger because it's got burn marks and gunshot residue around

0:40:58.120 --> 0:41:02.800
<v Speaker 9>the palmer aspect of the webbing between her thumb and forefinger,

0:41:03.200 --> 0:41:04.879
<v Speaker 9>so that hand is out of play.

0:41:05.200 --> 0:41:06.440
<v Speaker 6>Of pulling the trigger as well.

0:41:06.719 --> 0:41:10.080
<v Speaker 9>Also, we had a wonderful model come in with same

0:41:10.200 --> 0:41:13.880
<v Speaker 9>height and weight to play Amy's character, and she couldn't

0:41:14.000 --> 0:41:18.360
<v Speaker 9>even get enough finger strength to pull the trigger in

0:41:18.480 --> 0:41:20.080
<v Speaker 9>the opposite direction with her left hand.

0:41:20.200 --> 0:41:23.680
<v Speaker 7>There are three things that can happen from here. The

0:41:23.800 --> 0:41:26.680
<v Speaker 7>Office of the Director of Public Prosecutions can build a

0:41:26.760 --> 0:41:31.040
<v Speaker 7>case to prosecute, a new inquest can be held to

0:41:31.200 --> 0:41:36.960
<v Speaker 7>determine if suicide can be ruled out, or they can

0:41:37.040 --> 0:41:38.480
<v Speaker 7>do nothing at all.

0:41:41.760 --> 0:41:42.200
<v Speaker 1>Liam R.

0:41:42.200 --> 0:41:44.640
<v Speaker 7>Scott Rhoda about some of the facts that Coron and

0:41:44.719 --> 0:41:47.920
<v Speaker 7>Sarah Linton used in twenty twenty one to justify not

0:41:48.120 --> 0:41:49.400
<v Speaker 7>ruling out suicide.

0:41:50.080 --> 0:41:53.080
<v Speaker 1>Let me go to that selfie. You've seen it, haven't you. Yeah,

0:41:54.080 --> 0:41:57.439
<v Speaker 1>the selfie that Amy took less than thirty minutes before

0:41:57.520 --> 0:42:01.560
<v Speaker 1>she died, holding the gun in room. That's been painted

0:42:01.800 --> 0:42:05.720
<v Speaker 1>as very much an indicator that she was having suicidal thoughts.

0:42:06.320 --> 0:42:07.080
<v Speaker 1>Do you agree with that?

0:42:07.239 --> 0:42:07.840
<v Speaker 6>Absolutely not.

0:42:08.200 --> 0:42:13.520
<v Speaker 9>No. I think that selfie of her on the bed,

0:42:13.880 --> 0:42:16.719
<v Speaker 9>I think that's a statement of power, you know that

0:42:16.800 --> 0:42:18.080
<v Speaker 9>seeing don't mess with me.

0:42:18.480 --> 0:42:19.200
<v Speaker 6>I'm armed.

0:42:19.280 --> 0:42:21.960
<v Speaker 9>I'm going to protect myself. I believe that's what that

0:42:22.080 --> 0:42:26.480
<v Speaker 9>picture says me. Not some indication towards suicide Limb.

0:42:26.719 --> 0:42:27.720
<v Speaker 1>So the total opposite.

0:42:27.840 --> 0:42:29.360
<v Speaker 6>Yeah, absolutely, that's all opposite.

0:42:29.440 --> 0:42:33.760
<v Speaker 1>Yeah, I'm trying to ask you questions without the benefit

0:42:33.800 --> 0:42:37.280
<v Speaker 1>of hindsight, which is difficult, but I think it's necessary

0:42:38.200 --> 0:42:40.840
<v Speaker 1>because there's no good either of us looking in the

0:42:40.880 --> 0:42:44.680
<v Speaker 1>rearview mirror and saying, aha, I know this now because

0:42:44.719 --> 0:42:49.319
<v Speaker 1>of dot dot dot. I'm trying to work out how

0:42:50.520 --> 0:42:54.839
<v Speaker 1>two detectives could view this scene even without the sort

0:42:54.880 --> 0:42:59.120
<v Speaker 1>of detailed analysis that you've already done, and so quickly

0:42:59.239 --> 0:43:02.040
<v Speaker 1>come to the conclude us that it was self harm.

0:43:03.000 --> 0:43:05.680
<v Speaker 1>I just I just can't. I'm not a police officer's scolpt,

0:43:05.680 --> 0:43:06.840
<v Speaker 1>but I can't wrap my hit around that.

0:43:06.960 --> 0:43:10.000
<v Speaker 9>I can't rep mad around it either, lamb uh. And

0:43:10.239 --> 0:43:14.360
<v Speaker 9>for a trained investigator, for a trained detective, police officer,

0:43:14.719 --> 0:43:20.480
<v Speaker 9>constable first responder, this country, my country, any country, it's

0:43:21.120 --> 0:43:25.080
<v Speaker 9>just beyond the pale to just not do an investigation.

0:43:25.239 --> 0:43:30.239
<v Speaker 1>Yes, that's right. The whole concept of amy suiciding was

0:43:30.239 --> 0:43:33.480
<v Speaker 1>actually suggested by one of the people who were there

0:43:33.600 --> 0:43:35.960
<v Speaker 1>on the scene before police even got there. Right.

0:43:36.280 --> 0:43:40.320
<v Speaker 9>That triple zero phone call is an important piece of evidence.

0:43:40.640 --> 0:43:45.280
<v Speaker 9>There's there's things in that call that are such red flags.

0:43:46.040 --> 0:43:47.560
<v Speaker 9>Just get rid of her, get rid of the body,

0:43:47.680 --> 0:43:52.160
<v Speaker 9>do something. It's so flippant, it's so a lack of emotion,

0:43:52.440 --> 0:43:53.120
<v Speaker 9>lack of caring.

0:43:53.239 --> 0:43:56.239
<v Speaker 1>Can you please just come and do something so away

0:43:56.280 --> 0:43:58.719
<v Speaker 1>from any forensic analysis, before you even get to the scene.

0:43:58.800 --> 0:44:01.960
<v Speaker 1>You think that that first phone call that David Simmons

0:44:02.040 --> 0:44:06.040
<v Speaker 1>made in itself gave police a story they should have

0:44:06.040 --> 0:44:06.480
<v Speaker 1>followed up.

0:44:06.520 --> 0:44:10.960
<v Speaker 9>Absolutely, he put a story to the police on the

0:44:11.040 --> 0:44:16.839
<v Speaker 9>record right out of the box that one it was suicide. Two,

0:44:16.920 --> 0:44:21.160
<v Speaker 9>don't check my phone because it's broken, right, and get

0:44:21.280 --> 0:44:23.879
<v Speaker 9>rid of the body. I want to nail him down

0:44:23.920 --> 0:44:26.719
<v Speaker 9>in a chair for hours and hours and hours and

0:44:27.160 --> 0:44:29.920
<v Speaker 9>put those questions to him and see where we get

0:44:29.960 --> 0:44:34.360
<v Speaker 9>with it, because I'm not sure that was done properly in.

0:44:34.440 --> 0:44:37.000
<v Speaker 1>Any cases that you've looked at around the world, Scott,

0:44:37.239 --> 0:44:40.239
<v Speaker 1>have you ever seen a story like this one where

0:44:40.320 --> 0:44:42.920
<v Speaker 1>a young mother has her two young kids in a

0:44:43.040 --> 0:44:46.600
<v Speaker 1>car only forty fifty meters away on the other side

0:44:46.600 --> 0:44:50.320
<v Speaker 1>of the wall, effectively and then does something like this.

0:44:51.040 --> 0:44:51.840
<v Speaker 6>No, I really have not.

0:44:52.080 --> 0:44:54.799
<v Speaker 9>I mean, we've had a lot of cases where it's

0:44:54.840 --> 0:44:57.160
<v Speaker 9>been put it's been put to us that there was

0:44:57.239 --> 0:45:03.400
<v Speaker 9>a murder or a suicide involving a young woman, hangings, medicines,

0:45:04.280 --> 0:45:06.360
<v Speaker 9>edged weapons, handguns, so.

0:45:06.360 --> 0:45:07.000
<v Speaker 6>On and so forth.

0:45:07.520 --> 0:45:10.120
<v Speaker 9>But not one of those scenarios, whether we found it

0:45:10.160 --> 0:45:12.279
<v Speaker 9>to be a suicide or a murderer, not one of

0:45:12.360 --> 0:45:16.200
<v Speaker 9>those scenarios. Did we have kids in a car waiting

0:45:16.280 --> 0:45:18.880
<v Speaker 9>for the mother at the time that happened. That's just

0:45:19.040 --> 0:45:21.680
<v Speaker 9>not any woman out there, any man out there.

0:45:21.680 --> 0:45:25.239
<v Speaker 6>It doesn't matter. Think about that. The two most important

0:45:25.800 --> 0:45:27.000
<v Speaker 6>people in your life are in.

0:45:27.040 --> 0:45:32.000
<v Speaker 9>A car with the engine on, waiting for you, with

0:45:32.200 --> 0:45:36.040
<v Speaker 9>birthday presents in the car for the child's birthday the

0:45:36.120 --> 0:45:38.600
<v Speaker 9>next day or the next two days. And you're gonna

0:45:38.800 --> 0:45:41.960
<v Speaker 9>just I'll be right back and then go shoot yourself

0:45:42.000 --> 0:45:44.840
<v Speaker 9>in the head and kill yourself like that. It's just

0:45:45.400 --> 0:45:46.759
<v Speaker 9>none of it makes sense, Leam.

0:45:46.880 --> 0:45:48.040
<v Speaker 5>It just you know.

0:45:48.640 --> 0:45:50.600
<v Speaker 9>And there's a reason why I got on a plane

0:45:51.080 --> 0:45:54.120
<v Speaker 9>from the United States and came to Australia for this

0:45:54.440 --> 0:45:57.200
<v Speaker 9>case and not any other case. It's because this case

0:45:57.320 --> 0:46:01.800
<v Speaker 9>is so inexplicably wrong. I wanted to be here personally

0:46:01.920 --> 0:46:02.400
<v Speaker 9>to tell.

0:46:02.280 --> 0:46:05.280
<v Speaker 1>You that, Well, something needs to happen, doesn't it. Because

0:46:05.840 --> 0:46:10.120
<v Speaker 1>we've had a rash of domestic violence incidents in recent times,

0:46:10.719 --> 0:46:13.000
<v Speaker 1>and it's been trending. I mean, the build up has

0:46:13.120 --> 0:46:18.040
<v Speaker 1>just been why I and above anything that it should be.

0:46:18.440 --> 0:46:24.040
<v Speaker 9>Yeah, listen, no woman should have to suffer from abuse

0:46:24.160 --> 0:46:28.640
<v Speaker 9>from their partner ever, ever, ever, and you should always

0:46:28.880 --> 0:46:33.640
<v Speaker 9>error on the side. I think of the woman in

0:46:33.760 --> 0:46:38.200
<v Speaker 9>a domestic violence situation because you know, whether people want

0:46:38.239 --> 0:46:40.880
<v Speaker 9>to argue about it or not, the male partner is

0:46:41.320 --> 0:46:45.600
<v Speaker 9>oftentimes stronger, has the ability to physically injure the person. Right,

0:46:47.760 --> 0:46:51.040
<v Speaker 9>There's never an excuse for it in any situation whatsoever.

0:46:52.239 --> 0:46:55.279
<v Speaker 9>I think this should be a call to action to

0:46:55.440 --> 0:46:59.320
<v Speaker 9>people to put pressure on law enforcement, on people in

0:46:59.360 --> 0:47:04.440
<v Speaker 9>their families to look out for domestic violence. There's never

0:47:04.560 --> 0:47:07.560
<v Speaker 9>a justification for it. I don't care your race, your age,

0:47:07.600 --> 0:47:11.200
<v Speaker 9>your color, your marital status, your gender, your sexuality, none

0:47:11.200 --> 0:47:15.800
<v Speaker 9>of it matters. What matters is the truth and holding

0:47:15.880 --> 0:47:20.800
<v Speaker 9>people accountable for violent crimes. And in this case, nobody's

0:47:20.800 --> 0:47:25.920
<v Speaker 9>been held accountable for this really violent crime and something

0:47:25.960 --> 0:47:26.840
<v Speaker 9>needs to be done about it.

0:47:27.200 --> 0:47:29.360
<v Speaker 7>Or is it possible to just cut to the chase

0:47:29.560 --> 0:47:32.320
<v Speaker 7>and put Amy's case before a jury already.

0:47:32.360 --> 0:47:37.560
<v Speaker 1>Even given that, notwithstanding that we've lost all that forensic gold,

0:47:37.920 --> 0:47:39.080
<v Speaker 1>if I can put it that way.

0:47:39.360 --> 0:47:46.000
<v Speaker 9>Absolutely, because what we know is there's solid, verifiable data

0:47:46.960 --> 0:47:51.759
<v Speaker 9>that has been documented and although there's other evidence that's

0:47:51.840 --> 0:47:55.440
<v Speaker 9>been destroyed that would have made our job a lot easier,

0:47:56.320 --> 0:48:01.040
<v Speaker 9>but the basic tools to do our job are there, right,

0:48:01.280 --> 0:48:04.399
<v Speaker 9>And we were saying that our business people lie, witnesses lie,

0:48:04.800 --> 0:48:07.920
<v Speaker 9>but the evidence never lies, and the evidence in this

0:48:08.120 --> 0:48:12.200
<v Speaker 9>case is telling a very specific truth, and that truth

0:48:12.360 --> 0:48:13.640
<v Speaker 9>is that this is a homicide.

0:48:14.800 --> 0:48:16.279
<v Speaker 6>And we can I think prove that.

0:48:16.400 --> 0:48:19.720
<v Speaker 9>I think we have proven that based on the building

0:48:19.800 --> 0:48:22.880
<v Speaker 9>blocks that we have available to us already, so the

0:48:23.000 --> 0:48:26.280
<v Speaker 9>fact that evidence has been destroyed and yet we still

0:48:27.480 --> 0:48:28.800
<v Speaker 9>can come to this conclusion.

0:48:28.880 --> 0:48:31.440
<v Speaker 6>Definitively. It does come down to the police commitment.

0:48:31.680 --> 0:48:34.839
<v Speaker 1>So an Attorney General and a Director of Public Prosecutions

0:48:34.880 --> 0:48:38.120
<v Speaker 1>and a police commissioner wanted to do something, wanted to

0:48:38.200 --> 0:48:42.400
<v Speaker 1>do something positive for justice. It's possible, yes. Absolutely.

0:48:51.040 --> 0:48:54.080
<v Speaker 7>On twenty sixth of November twenty twenty, on behalf of

0:48:54.200 --> 0:48:58.880
<v Speaker 7>Amy's family, Ashurst Lawyers, emailed former homicide detective ron Iddles

0:48:59.080 --> 0:49:02.399
<v Speaker 7>to provide he's expert opinion about the manner of which

0:49:02.440 --> 0:49:05.880
<v Speaker 7>Amy died and the way her case was handled by

0:49:06.080 --> 0:49:06.960
<v Speaker 7>wa police.

0:49:07.600 --> 0:49:10.360
<v Speaker 16>My name is Ronald William iddles And I'm a retired

0:49:10.440 --> 0:49:13.600
<v Speaker 16>Victorian police officer. I've been provided with a copy of

0:49:13.640 --> 0:49:15.960
<v Speaker 16>the Code of Conduct for an expert witness in Western

0:49:15.960 --> 0:49:19.360
<v Speaker 16>Australia and my report complies with the Code of Conduct.

0:49:20.400 --> 0:49:22.839
<v Speaker 16>I was a police officer in Victoria for forty two

0:49:22.960 --> 0:49:26.800
<v Speaker 16>years and for thirty two years I investigated crime in Victoria.

0:49:27.480 --> 0:49:29.880
<v Speaker 16>During my career, twenty five years was spent at the

0:49:29.920 --> 0:49:33.840
<v Speaker 16>Homicide Squad Melbourne. In nineteen ninety nine I attended the

0:49:33.880 --> 0:49:38.640
<v Speaker 16>Homicide Investigator's Course in Albany, New York State. My investigations

0:49:38.680 --> 0:49:41.280
<v Speaker 16>from Victoria have taken me to every state in Australia

0:49:41.600 --> 0:49:45.400
<v Speaker 16>and overseas to France, Spain, New Zealand, New York and Norway.

0:49:46.040 --> 0:49:48.560
<v Speaker 16>I've given evidence on two hundred and thirty occasions in

0:49:48.680 --> 0:49:52.400
<v Speaker 16>criminal proceedings at the Melbourne Supreme Court and countless times

0:49:52.440 --> 0:49:55.840
<v Speaker 16>at the Melbourne Coroner's Office. The Homicide Squad in Victoria

0:49:55.960 --> 0:49:59.600
<v Speaker 16>is responsible for investigating all suspicious deaths in Victoria, and

0:50:00.120 --> 0:50:03.000
<v Speaker 16>my twenty five years attached to the squad I investigated

0:50:03.040 --> 0:50:06.719
<v Speaker 16>more than one thousand suspicious deaths. The outcome of a

0:50:06.760 --> 0:50:11.879
<v Speaker 16>suspicious death after investigation may be natural causes accident, misadventure,

0:50:12.160 --> 0:50:15.640
<v Speaker 16>suicide or homicide. With respect to homicide, it may be

0:50:15.800 --> 0:50:18.879
<v Speaker 16>murder or manslaughter, and other issues then may be whether

0:50:18.960 --> 0:50:22.319
<v Speaker 16>the act was done in self defense. For twenty years

0:50:22.400 --> 0:50:24.120
<v Speaker 16>of the twenty five years I was attached to the

0:50:24.160 --> 0:50:27.520
<v Speaker 16>homicide squad, I held the rank of detective senior sergeant.

0:50:27.960 --> 0:50:29.920
<v Speaker 16>During that time I was involved in three hundred and

0:50:29.960 --> 0:50:33.080
<v Speaker 16>twenty homicide investigations and at least two hundred and fifty

0:50:33.280 --> 0:50:36.720
<v Speaker 16>suicide cases. I am unable to give an exact figure

0:50:36.760 --> 0:50:39.000
<v Speaker 16>a firearm was used in cases I was involved in,

0:50:39.320 --> 0:50:43.040
<v Speaker 16>but would say as a minimum two hundred. Generally, when

0:50:43.040 --> 0:50:45.760
<v Speaker 16>attending a suspicious death involving the use of a firearm,

0:50:46.160 --> 0:50:48.920
<v Speaker 16>you work on the basis it is a homicide until

0:50:48.960 --> 0:50:52.600
<v Speaker 16>you prove different. This ensures no shortcuts are taken and

0:50:52.719 --> 0:50:56.360
<v Speaker 16>your conclusion is based on sound forensic evidence, witness accounts,

0:50:56.600 --> 0:51:02.680
<v Speaker 16>victimology and other intelligence. Theustralian Investigation Doctrine provides the standard

0:51:02.719 --> 0:51:06.360
<v Speaker 16>for investigation of incidents by police officers in Western Australia.

0:51:07.040 --> 0:51:11.120
<v Speaker 16>It revolves around the crime model, contact, respond, investigate, manage

0:51:11.160 --> 0:51:16.960
<v Speaker 16>and evaluation. The five key strategies are physical evidence, witnesses, intelligence,

0:51:17.200 --> 0:51:21.440
<v Speaker 16>public awareness and suspect or person of interest. The initial

0:51:21.480 --> 0:51:24.080
<v Speaker 16>call to police emergency was made at five eighteen pm

0:51:24.200 --> 0:51:27.600
<v Speaker 16>and as a result, local police from Mundajong Police attended,

0:51:27.880 --> 0:51:31.960
<v Speaker 16>being officers Blanford, Dixon and Roberts. The response to the

0:51:32.040 --> 0:51:35.160
<v Speaker 16>incident by local police officers was in accordance with the

0:51:35.239 --> 0:51:40.359
<v Speaker 16>Western Australian Police Investigation Doctrine crime model. In responding, they

0:51:40.440 --> 0:51:44.160
<v Speaker 16>preserved the crime scene, located and isolated potential witnesses or

0:51:44.239 --> 0:51:47.080
<v Speaker 16>persons of interest, and in determining if an offense had

0:51:47.120 --> 0:51:51.040
<v Speaker 16>been committed, photographed the crime scene and requested detectives to attend.

0:51:51.760 --> 0:51:54.160
<v Speaker 16>The taking of statements from Simmons and Price at the

0:51:54.239 --> 0:51:56.840
<v Speaker 16>gate of the property was not ideal, at least it

0:51:56.880 --> 0:52:00.360
<v Speaker 16>committed them to a basic account. Detectives from Row Kingham

0:52:00.480 --> 0:52:03.279
<v Speaker 16>arrived around seven pm and after a short time all

0:52:03.400 --> 0:52:05.520
<v Speaker 16>drove to the house where they were briefed by police

0:52:05.560 --> 0:52:09.680
<v Speaker 16>officer Dixon. Kirkman and Weederman then entered the crime scene.

0:52:10.160 --> 0:52:13.480
<v Speaker 16>After examination, they both formed the view the deceased Wensley

0:52:13.680 --> 0:52:16.960
<v Speaker 16>had taken her own life. Concerns were raised by the

0:52:17.040 --> 0:52:19.800
<v Speaker 16>uniform police and attendance, which appear to have been ignored.

0:52:20.680 --> 0:52:22.840
<v Speaker 16>Dixon received a phone call at eight pm and was

0:52:22.920 --> 0:52:25.560
<v Speaker 16>informed that after reading the statements of David Simmons and

0:52:25.680 --> 0:52:30.560
<v Speaker 16>Gareth Price, the death was deemed non suspicious. Kirkman makes

0:52:30.600 --> 0:52:34.120
<v Speaker 16>the assessment based on speaking with the first responders, examination

0:52:34.239 --> 0:52:36.440
<v Speaker 16>of the crime scene, and reading the statements of Simmons

0:52:36.560 --> 0:52:39.600
<v Speaker 16>and Price. Of interest, it is deemed a non suspicious

0:52:39.640 --> 0:52:42.320
<v Speaker 16>death at eight pm and statements from Price and Simmons

0:52:42.440 --> 0:52:46.200
<v Speaker 16>are not completed at that time. Kirkman sets out his

0:52:46.320 --> 0:52:50.080
<v Speaker 16>observations and conclusions in his statement made some four years

0:52:50.160 --> 0:52:53.640
<v Speaker 16>after the incident. Paragraph thirty two describes the entry wound.

0:52:53.880 --> 0:52:58.239
<v Speaker 16>Paragraph forty notes no defensive wounds. In my opinion, the

0:52:58.320 --> 0:53:01.400
<v Speaker 16>issue of no defensive wounds does not not established suicide.

0:53:02.520 --> 0:53:04.759
<v Speaker 16>In my opinion what should have happened on the night

0:53:04.960 --> 0:53:07.839
<v Speaker 16>was the crime scene should have remained a protected forensic sight.

0:53:08.360 --> 0:53:11.480
<v Speaker 16>Specialists should have been called for so a proper examination

0:53:11.680 --> 0:53:17.000
<v Speaker 16>was undertaken, which should have included pathologist, photographer, crime scene examiner,

0:53:17.239 --> 0:53:21.120
<v Speaker 16>ballistics expert, chemist in relation to blood spatter and gunshot

0:53:21.200 --> 0:53:25.000
<v Speaker 16>residue consideration to consult with and request the attendance of

0:53:25.080 --> 0:53:28.160
<v Speaker 16>the major crime squad in accordance with the determination it

0:53:28.320 --> 0:53:32.239
<v Speaker 16>was a specialist investigation. Further basic steps should have been

0:53:32.320 --> 0:53:34.840
<v Speaker 16>to convey both Simmons and Price to the local police

0:53:34.840 --> 0:53:37.839
<v Speaker 16>station so a more detailed account could be obtained by

0:53:37.960 --> 0:53:41.279
<v Speaker 16>means of a formal interview. Both Simmons and Price should

0:53:41.320 --> 0:53:45.319
<v Speaker 16>have been interviewed by detectives that night. Josh Brydon should

0:53:45.320 --> 0:53:47.920
<v Speaker 16>have been located and interviewed on the night prior to

0:53:48.040 --> 0:53:49.760
<v Speaker 16>any decision being made around.

0:53:49.520 --> 0:53:51.200
<v Speaker 3>The cause of the deceased's death.

0:53:51.680 --> 0:53:54.000
<v Speaker 16>Robert Simmons should have been interviewed on the night as

0:53:54.040 --> 0:53:56.239
<v Speaker 16>at five twenty eight pm when he spoke with Sin

0:53:56.320 --> 0:53:58.880
<v Speaker 16>John's ambulance, he was of the view his son had

0:53:58.920 --> 0:54:01.800
<v Speaker 16>shot his partner and made a mistake. What is his

0:54:01.920 --> 0:54:05.840
<v Speaker 16>belief for making such a statement. Nancy Kirk should have

0:54:05.880 --> 0:54:08.560
<v Speaker 16>been interviewed. When she arrived at the property, she tells

0:54:08.640 --> 0:54:11.799
<v Speaker 16>David Simmons you killed her, you bastard. You would want

0:54:11.800 --> 0:54:13.880
<v Speaker 16>to know the basis of that statement and the history

0:54:13.920 --> 0:54:18.920
<v Speaker 16>between Amy and David. Explore avenues in relation to domestic violence.

0:54:19.200 --> 0:54:21.600
<v Speaker 16>The fact police have no record does not mean it

0:54:21.719 --> 0:54:26.040
<v Speaker 16>was not occurring. Ascertain movements and contact with Amy Wensley

0:54:26.160 --> 0:54:29.080
<v Speaker 16>during the day. Rachel Price should have been interviewed as

0:54:29.160 --> 0:54:32.160
<v Speaker 16>she had been with the deceased prior to death, make

0:54:32.200 --> 0:54:35.360
<v Speaker 16>a request for call charge records to ascertain who the

0:54:35.440 --> 0:54:39.040
<v Speaker 16>deceased had been speaking to or texting. I would expect

0:54:39.080 --> 0:54:41.160
<v Speaker 16>these steps to have been taken as a minimum at

0:54:41.200 --> 0:54:45.880
<v Speaker 16>the commencement of this type of investigation. The detectives from Rockingham,

0:54:46.000 --> 0:54:50.120
<v Speaker 16>and in particular Detective Sergeant Kirkman, as the most senior investigator,

0:54:50.440 --> 0:54:53.400
<v Speaker 16>failed to follow the crime model and completely missed the

0:54:53.480 --> 0:54:58.720
<v Speaker 16>most important phase investigation. From information contained in the inquest brief,

0:54:59.000 --> 0:55:02.279
<v Speaker 16>it is evident detective arrive around seven pm. They are

0:55:02.320 --> 0:55:05.040
<v Speaker 16>then given a verbal briefing, and at seven eighteen pm,

0:55:05.440 --> 0:55:09.400
<v Speaker 16>Kirkman and Weederman enter the actual crime scene. Photographs are

0:55:09.440 --> 0:55:12.319
<v Speaker 16>taken and a mud map is drawn by Kirkman. They

0:55:12.440 --> 0:55:15.799
<v Speaker 16>then leave by eight pm, having deemed the death a suicide.

0:55:16.239 --> 0:55:18.719
<v Speaker 16>That means an assessment has been made within forty two

0:55:18.840 --> 0:55:22.680
<v Speaker 16>minutes of viewing the scene. The report written by Detective

0:55:22.719 --> 0:55:27.320
<v Speaker 16>Weederman twenty seventh of June twenty fourteen states Detective Sergeant

0:55:27.400 --> 0:55:30.319
<v Speaker 16>Kirkman read the statements out to us. The statements from

0:55:30.320 --> 0:55:33.640
<v Speaker 16>Simmons and Price were consistent and corroborated the scene. We

0:55:33.760 --> 0:55:37.640
<v Speaker 16>assessed these comments contrast with the statement made by Kirkman

0:55:37.719 --> 0:55:41.640
<v Speaker 16>eighth of November twenty eighteen, where he states there were inconsistencies.

0:55:42.600 --> 0:55:45.160
<v Speaker 16>Once a crime scene is dismantled and cleaned, you can

0:55:45.200 --> 0:55:48.760
<v Speaker 16>never recreate it. To be exact, the determination by Rockingham

0:55:48.880 --> 0:55:51.960
<v Speaker 16>detectives to deem the case non suspicious and to remove

0:55:52.000 --> 0:55:55.280
<v Speaker 16>the protected crime scene without calling experts conducting some basic

0:55:55.360 --> 0:56:00.000
<v Speaker 16>investigation was a major mistake and drastically undermined the further investigation.

0:56:01.640 --> 0:56:04.319
<v Speaker 16>On twenty seventh of June twenty fourteen, the Major Crime

0:56:04.360 --> 0:56:08.239
<v Speaker 16>Squad assumed responsibility to determine the circumstances of the death

0:56:08.320 --> 0:56:11.719
<v Speaker 16>of Amy Wensley. There were obvious limitations forensically, as the

0:56:11.760 --> 0:56:14.920
<v Speaker 16>crime seene had been cleaned and future interpretations were based

0:56:14.960 --> 0:56:19.360
<v Speaker 16>on some assumptions. Simmons and Price were formally interviewed, children

0:56:19.400 --> 0:56:23.800
<v Speaker 16>interviewed and statements obtained from relevant witnesses. In total, sixty

0:56:23.880 --> 0:56:28.520
<v Speaker 16>six exhibits were lodged for holding or further examination. Detective

0:56:28.560 --> 0:56:31.200
<v Speaker 16>Sergeant Evans provided his final report on the fourth of

0:56:31.280 --> 0:56:35.799
<v Speaker 16>November twenty fourteen. His conclusion was no criminality has been

0:56:35.840 --> 0:56:39.560
<v Speaker 16>identified in this matter. No evidence indicates third party involvement

0:56:39.600 --> 0:56:41.919
<v Speaker 16>in the death of Amy and as such the matter

0:56:42.000 --> 0:56:44.759
<v Speaker 16>to be treated as a suicide with compilation of a

0:56:44.840 --> 0:56:48.479
<v Speaker 16>coronial file. The facts in the report of Evans are wrong,

0:56:49.080 --> 0:56:51.759
<v Speaker 16>one being police were called at five fifty pm when

0:56:51.800 --> 0:56:55.440
<v Speaker 16>in fact it was five twenty pm. Secondly, Amy spoke

0:56:55.480 --> 0:56:57.800
<v Speaker 16>to her mother at four forty five pm, but it

0:56:57.880 --> 0:57:01.520
<v Speaker 16>was confirmed to be five pm. The comment in the report,

0:57:01.880 --> 0:57:05.120
<v Speaker 16>Forensic analysis was conducted on the shotgun and cartridges and

0:57:05.280 --> 0:57:08.640
<v Speaker 16>nothing was identified that would indicate criminality in the death

0:57:08.680 --> 0:57:12.000
<v Speaker 16>of Wenesley. In my opinion, this shows a closed mind

0:57:12.040 --> 0:57:15.920
<v Speaker 16>to other possibilities. The absence of fingerprints or DNA does

0:57:16.040 --> 0:57:18.800
<v Speaker 16>not equate to no criminality, It just means it did

0:57:18.880 --> 0:57:23.040
<v Speaker 16>not assist the investigation. The final comments in Evans report

0:57:23.120 --> 0:57:26.200
<v Speaker 16>are premature. They may be based on verbal reports, but

0:57:26.280 --> 0:57:29.560
<v Speaker 16>the final written forensic reports were not completed to twenty

0:57:29.640 --> 0:57:33.280
<v Speaker 16>fifteen and further testing was requested early twenty fifteen.

0:57:34.200 --> 0:57:37.560
<v Speaker 3>The crime model sets out five key investigative.

0:57:36.960 --> 0:57:41.760
<v Speaker 16>Strategies, one being to minimize tunnel vision and or premature closure.

0:57:42.400 --> 0:57:44.360
<v Speaker 16>In my opinion, there was a failing of the Major

0:57:44.440 --> 0:57:47.680
<v Speaker 16>Crime Squad and the report of Detective Sergeant Evans, fourth

0:57:47.680 --> 0:57:51.520
<v Speaker 16>of November twenty fourteen supports my view of premature closure.

0:57:52.280 --> 0:57:55.400
<v Speaker 16>The major crime squad investigation was impacted by decisions of

0:57:55.520 --> 0:57:58.720
<v Speaker 16>Rockingham detectives because of the dismantling of the crime scene

0:57:58.880 --> 0:58:01.240
<v Speaker 16>and the fact they were not formally interviewed on the night.

0:58:01.960 --> 0:58:04.880
<v Speaker 7>Ron Dalls acknowledges domestic violence was looked into.

0:58:05.160 --> 0:58:08.520
<v Speaker 16>But very limited was done on the initial night, other

0:58:08.600 --> 0:58:10.360
<v Speaker 16>than to check on the police database.

0:58:10.680 --> 0:58:13.920
<v Speaker 7>He refers to the statement by Amy's friend Shelley Stanley,

0:58:14.120 --> 0:58:18.160
<v Speaker 7>who called crime Stoppers only days after Amy died, saying,

0:58:18.560 --> 0:58:19.480
<v Speaker 7>you know, I thought that it.

0:58:19.560 --> 0:58:24.080
<v Speaker 15>Was important that police knew that she was in an

0:58:24.120 --> 0:58:29.800
<v Speaker 15>abusive relationship and that David had an explosive temper.

0:58:30.280 --> 0:58:33.200
<v Speaker 4>The person said, I'll pass.

0:58:32.960 --> 0:58:36.160
<v Speaker 15>It on to the detective and if they think that

0:58:37.200 --> 0:58:42.600
<v Speaker 15>it warrants investigation, someone will contact you back. The next

0:58:42.680 --> 0:58:46.680
<v Speaker 15>time I was actually contacted by police was for the

0:58:46.760 --> 0:58:49.720
<v Speaker 15>cold case review, many many years later.

0:58:50.560 --> 0:58:53.680
<v Speaker 16>She reported to police her concerns it was not followed up.

0:58:54.360 --> 0:58:57.920
<v Speaker 16>All detectives can investigate domestic violence matters and pursue issues

0:58:57.960 --> 0:59:01.400
<v Speaker 16>which may arise. Firstly, you need information of evidence to

0:59:01.480 --> 0:59:04.440
<v Speaker 16>follow and it appears they have done that, but somehow

0:59:04.600 --> 0:59:08.880
<v Speaker 16>the information by Shelley Stanley was not properly recorded or documented.

0:59:09.960 --> 0:59:12.880
<v Speaker 16>Domestic violence can be an attributing factor to homicide or

0:59:12.920 --> 0:59:16.080
<v Speaker 16>a suicide, and as a rule, the investigator presents that

0:59:16.200 --> 0:59:20.360
<v Speaker 16>evidence in determining an outcome. To establish if someone took

0:59:20.400 --> 0:59:23.440
<v Speaker 16>their own life or not, there are limited avenues to explore.

0:59:23.920 --> 0:59:27.480
<v Speaker 16>Health records provide some level of detail. Friends and associates

0:59:27.520 --> 0:59:31.280
<v Speaker 16>can provide evidence of research. Amy Wensley's medical records were

0:59:31.320 --> 0:59:35.560
<v Speaker 16>obtained from Pinjarramedical Center and some witnesses gave their own opinion.

0:59:36.600 --> 0:59:39.440
<v Speaker 16>All examinations have been conducted for this type of incident

0:59:39.560 --> 0:59:42.960
<v Speaker 16>or offense. The non preservation of the original crime scene

0:59:43.080 --> 0:59:46.040
<v Speaker 16>was an error. It's not unusual to conduct tests on

0:59:46.120 --> 0:59:48.680
<v Speaker 16>a crime scene post the offense, as often by the

0:59:48.760 --> 0:59:51.280
<v Speaker 16>time a crime is reported, the scene has been cleaned.

0:59:51.840 --> 0:59:55.720
<v Speaker 16>Over All, the forensic investigation has been thorough. The review

0:59:55.880 --> 0:59:58.760
<v Speaker 16>conducted by the Cold Case Unit of the Homicide Squad

0:59:58.800 --> 1:00:02.640
<v Speaker 16>by Detective Sergeant Jo is of a high standard. During

1:00:02.720 --> 1:00:05.760
<v Speaker 16>the review, they undertook strategies around Simmons and price to

1:00:05.880 --> 1:00:09.560
<v Speaker 16>maximize evidence gathering. In my view, details of the strategies

1:00:09.600 --> 1:00:13.760
<v Speaker 16>would involve public interest immunity. The outcome is not detailed

1:00:13.840 --> 1:00:19.320
<v Speaker 16>in the report. Ron eddallsm APM, retired Detective Senior Sergeant,

1:00:19.400 --> 1:00:20.240
<v Speaker 16>Victoria Police.

1:00:20.520 --> 1:00:22.560
<v Speaker 3>Eighth of January twenty twenty.

1:00:22.320 --> 1:00:25.280
<v Speaker 7>One, I reached out to Shelley, who told me that

1:00:25.400 --> 1:00:28.080
<v Speaker 7>despite being a fair bit older than Amy, they became

1:00:28.240 --> 1:00:30.760
<v Speaker 7>friends because her ex partner used to catch up with

1:00:30.840 --> 1:00:33.960
<v Speaker 7>Simmons a fair bit due to their mutual love for hunting.

1:00:34.680 --> 1:00:37.919
<v Speaker 7>She still remembers when she first learned of Amy's death.

1:00:38.480 --> 1:00:40.800
<v Speaker 15>My partner at the time knocked on my door and

1:00:40.880 --> 1:00:43.400
<v Speaker 15>there must have been the next day and said.

1:00:44.720 --> 1:00:45.400
<v Speaker 4>Amy's dead.

1:00:46.000 --> 1:00:48.280
<v Speaker 16>And I was like, what.

1:00:50.360 --> 1:00:54.160
<v Speaker 15>What are you talking about, and couldn't really comprehend what

1:00:54.280 --> 1:00:55.040
<v Speaker 15>he was saying to me.

1:00:55.640 --> 1:00:56.760
<v Speaker 4>I was like, how do you know?

1:00:57.400 --> 1:01:02.000
<v Speaker 15>And he said he was at work, he saw it

1:01:02.160 --> 1:01:04.400
<v Speaker 15>on the shorts for the news or something, and he

1:01:04.560 --> 1:01:09.000
<v Speaker 15>recognized the driveway up to the house, so he apparently

1:01:09.120 --> 1:01:09.840
<v Speaker 15>drove down there.

1:01:10.320 --> 1:01:12.160
<v Speaker 4>He got stopped on the driveway by police.

1:01:13.000 --> 1:01:16.040
<v Speaker 15>Once I'd heard that supposedly it was suicide, I just

1:01:16.080 --> 1:01:17.200
<v Speaker 15>couldn't believe that.

1:01:17.280 --> 1:01:18.960
<v Speaker 4>That was possible.

1:01:19.600 --> 1:01:24.080
<v Speaker 15>I knew that Amy was in the process of getting

1:01:24.240 --> 1:01:27.520
<v Speaker 15>organized to leave Dave, and I warned her to be

1:01:27.640 --> 1:01:30.760
<v Speaker 15>careful and that it was a dangerous time and to

1:01:30.880 --> 1:01:31.400
<v Speaker 15>be safe.

1:01:32.320 --> 1:01:35.400
<v Speaker 4>I didn't think that that would happen, but.

1:01:36.120 --> 1:01:39.960
<v Speaker 15>I was worried because I had seen Dave's explosive temper.

1:01:40.400 --> 1:01:44.000
<v Speaker 7>Despite initially believing Amy had met with thou Play, Shelley's

1:01:44.000 --> 1:01:47.040
<v Speaker 7>ex partner changed his mind when he eventually caught up

1:01:47.080 --> 1:01:47.680
<v Speaker 7>with Simmons.

1:01:48.080 --> 1:01:49.040
<v Speaker 13>Dave told him.

1:01:49.080 --> 1:01:53.680
<v Speaker 15>Things like, they tested my hands for gunshot residue and

1:01:53.880 --> 1:01:56.240
<v Speaker 15>there was none, so that proves I didn't kill her.

1:01:57.240 --> 1:02:01.600
<v Speaker 15>And from my understanding over everything that's come since then

1:02:01.760 --> 1:02:04.520
<v Speaker 15>is I don't think the police did do any residue

1:02:05.280 --> 1:02:07.400
<v Speaker 15>tests on the boys, and as.

1:02:07.280 --> 1:02:09.880
<v Speaker 7>We know, if they had, gune residue would have been

1:02:09.920 --> 1:02:12.560
<v Speaker 7>found on their clothes anyway, because they had been shooting

1:02:12.640 --> 1:02:16.560
<v Speaker 7>guns all afternoon. I asked Shelley what her ex partner

1:02:16.640 --> 1:02:18.560
<v Speaker 7>thought about her reaching up to the police.

1:02:18.840 --> 1:02:22.920
<v Speaker 4>I didn't say first up because I knew that he would.

1:02:24.440 --> 1:02:26.400
<v Speaker 9>Not be happy that I called.

1:02:26.240 --> 1:02:31.720
<v Speaker 15>Police, So I actually said that the police had called me,

1:02:32.840 --> 1:02:35.840
<v Speaker 15>and yeah, he went right off.

1:02:35.920 --> 1:02:37.120
<v Speaker 4>He was not happy.

1:02:37.720 --> 1:02:41.240
<v Speaker 7>Shelley recalls the incident when she saw Simmons lose his temper.

1:02:41.520 --> 1:02:45.360
<v Speaker 15>One of the days that we visited their house in Serpentine,

1:02:46.200 --> 1:02:50.360
<v Speaker 15>David had invited us over there for a barbecue, so

1:02:50.440 --> 1:02:54.600
<v Speaker 15>he went over during the day, but we ended up

1:02:54.640 --> 1:02:55.120
<v Speaker 15>in the dam.

1:02:56.560 --> 1:03:00.760
<v Speaker 4>We had some drinks of fair few drinks, or many

1:03:00.800 --> 1:03:04.680
<v Speaker 4>of us did. Amy didn't. She barely drank.

1:03:05.080 --> 1:03:08.280
<v Speaker 15>The only time she usually drank alcohol was if Dave

1:03:08.440 --> 1:03:10.960
<v Speaker 15>pushed her into it, and then she would maybe have

1:03:11.080 --> 1:03:11.640
<v Speaker 15>one drink.

1:03:12.120 --> 1:03:16.080
<v Speaker 4>Eventually, Nancy and Rick came and the kids were playing

1:03:16.120 --> 1:03:16.880
<v Speaker 4>on the kayak and that.

1:03:18.440 --> 1:03:22.320
<v Speaker 15>But at some stage the kids the girls were saying

1:03:22.360 --> 1:03:27.240
<v Speaker 15>they were hungry, and Nancy was like, you know, we

1:03:27.360 --> 1:03:30.760
<v Speaker 15>should go back and cook the barbecue, but Dave was

1:03:31.480 --> 1:03:34.640
<v Speaker 15>pretty hell bent on keeping on drinking.

1:03:35.640 --> 1:03:37.840
<v Speaker 13>We did end up down at the house and.

1:03:39.240 --> 1:03:42.360
<v Speaker 15>Nancy was going to go inside and make the girls

1:03:42.440 --> 1:03:45.080
<v Speaker 15>sandwiches or something, because it was pretty obvious by that

1:03:45.200 --> 1:03:49.560
<v Speaker 15>stage that David wasn't going to do barbecue. And David

1:03:49.680 --> 1:03:54.320
<v Speaker 15>straightway flared up at Nancy's and he was really rude

1:03:54.360 --> 1:03:54.640
<v Speaker 15>to her.

1:03:55.720 --> 1:04:00.000
<v Speaker 4>I mean, he was quite drunk as well, and then Rick.

1:04:01.360 --> 1:04:03.840
<v Speaker 15>Stepped in and said, don't you talk to my wife

1:04:04.040 --> 1:04:08.840
<v Speaker 15>like that, and it just got Dave went from zero

1:04:08.960 --> 1:04:13.800
<v Speaker 15>to one hundred straight away, started pushing and shoving and

1:04:14.280 --> 1:04:19.400
<v Speaker 15>trying to have a fight with Nancy's husbands, and Amy

1:04:19.520 --> 1:04:25.400
<v Speaker 15>and Nancy both intervened. Amy was the one that sort

1:04:25.440 --> 1:04:29.600
<v Speaker 15>of peeled them apart in the end and calmed Dave

1:04:29.800 --> 1:04:34.120
<v Speaker 15>down and stuff. But yeah, he was ready to go

1:04:34.280 --> 1:04:37.720
<v Speaker 15>full throttle and fight Rick. And it was really it

1:04:37.840 --> 1:04:41.640
<v Speaker 15>was based on him being rude to Nancy, who was

1:04:41.760 --> 1:04:44.040
<v Speaker 15>just trying to look out for the girls who were hungry.

1:04:44.440 --> 1:04:48.440
<v Speaker 7>And what about any sort of violence towards Amy.

1:04:49.400 --> 1:04:55.880
<v Speaker 15>I didn't see like specific physical violence towards her, but

1:04:58.080 --> 1:05:01.720
<v Speaker 15>it's really hard to explain, but the way he spoke

1:05:01.840 --> 1:05:05.680
<v Speaker 15>to her and was quite demeaning at times.

1:05:06.440 --> 1:05:10.400
<v Speaker 13>And one time we were camping out at the farm

1:05:11.480 --> 1:05:14.120
<v Speaker 13>and I can't remember what.

1:05:14.160 --> 1:05:14.640
<v Speaker 4>It was about.

1:05:14.760 --> 1:05:17.320
<v Speaker 15>He basically I think he was trying to pressure Amy

1:05:17.400 --> 1:05:21.280
<v Speaker 15>into drinking, and she was like, no, no, I think

1:05:21.400 --> 1:05:23.160
<v Speaker 15>one of us should be sober.

1:05:23.560 --> 1:05:25.080
<v Speaker 13>You know, we're here with the girls.

1:05:26.800 --> 1:05:30.400
<v Speaker 15>It's important somebody sober. I don't want to drink. And

1:05:30.520 --> 1:05:34.240
<v Speaker 15>he was like, go on, you know, pressuring it, go on,

1:05:34.440 --> 1:05:35.160
<v Speaker 15>you know, don't be.

1:05:35.840 --> 1:05:39.800
<v Speaker 4>Don't be boring. You're always said boring, you know.

1:05:41.080 --> 1:05:43.640
<v Speaker 15>He just carried on on on, pressuring her, and in

1:05:43.720 --> 1:05:46.360
<v Speaker 15>the end she relented and she's like, oh fine, so

1:05:46.560 --> 1:05:51.360
<v Speaker 15>she had one drink, but he just kept on sort

1:05:51.400 --> 1:05:55.080
<v Speaker 15>of at her, and to the point where I felt

1:05:55.640 --> 1:05:56.440
<v Speaker 15>the need to.

1:05:56.560 --> 1:06:02.520
<v Speaker 4>Sort of say, you know, you really should appreciate.

1:06:02.320 --> 1:06:08.400
<v Speaker 15>Amy issues looking out for you girls and doing the

1:06:08.480 --> 1:06:12.360
<v Speaker 15>right thing, and you know, she's an amazing person. Don't

1:06:12.360 --> 1:06:15.040
<v Speaker 15>you think you should sort of speak to her more nicely?

1:06:15.840 --> 1:06:19.000
<v Speaker 15>And then he said, oh, so you won't return.

1:06:18.680 --> 1:06:19.120
<v Speaker 13>Out, do you?

1:06:20.560 --> 1:06:25.200
<v Speaker 4>Is that what you like? You know, straight away because

1:06:25.240 --> 1:06:26.280
<v Speaker 4>I spoke.

1:06:27.520 --> 1:06:33.640
<v Speaker 15>Highly of Aiming, Yeah, he's straightway started insinuating that there

1:06:33.760 --> 1:06:38.440
<v Speaker 15>was something more to that, which was just ridiculous seeing

1:06:39.840 --> 1:06:44.240
<v Speaker 15>footage of Dave and Gareth and Rachel sort of.

1:06:44.280 --> 1:06:45.280
<v Speaker 4>This far down the track.

1:06:45.760 --> 1:06:52.080
<v Speaker 13>Even back then, I felt like Aiming never.

1:06:53.000 --> 1:06:55.280
<v Speaker 4>Really fitted in with that group.

1:06:56.200 --> 1:07:02.480
<v Speaker 15>She was very education orientated for her girls, like she

1:07:02.680 --> 1:07:06.000
<v Speaker 15>was very Yeah, she was very determined that her girls

1:07:06.040 --> 1:07:09.439
<v Speaker 15>were going to get the best of her. She's spent

1:07:09.520 --> 1:07:14.840
<v Speaker 15>a lot of time and effort educating them, trying to

1:07:14.920 --> 1:07:17.440
<v Speaker 15>teach them to read, to tie shoelaces, to.

1:07:18.080 --> 1:07:19.520
<v Speaker 13>You know, you name it.

1:07:20.240 --> 1:07:23.920
<v Speaker 15>She just didn't fit in with that redneck, hill billy

1:07:24.800 --> 1:07:28.640
<v Speaker 15>peak shooting, drunken drug taking.

1:07:29.440 --> 1:07:35.200
<v Speaker 1>Sort of world, a world she was hoping to escape

1:07:38.040 --> 1:07:43.200
<v Speaker 1>a year after his first statement, mister Riddles submits an addendum.

1:07:43.680 --> 1:07:45.960
<v Speaker 3>Today, thirteenth of January twenty twenty one.

1:07:46.440 --> 1:07:49.280
<v Speaker 16>I was provided with an unredacted copy of the internal

1:07:49.360 --> 1:07:54.080
<v Speaker 16>review conducted by Detective Senior Sergeant Bryan Hunter, dated fourteenth

1:07:54.160 --> 1:07:57.640
<v Speaker 16>of May twenty twenty. I've been asked by counsel assisting

1:07:57.720 --> 1:08:00.840
<v Speaker 16>the family to make comment on the investigator analysis, in

1:08:00.920 --> 1:08:05.000
<v Speaker 16>particular points one to fifteen. I have read the documents

1:08:05.040 --> 1:08:07.520
<v Speaker 16>and agree with all points one to fifteen. They are

1:08:07.560 --> 1:08:11.440
<v Speaker 16>all very sound and valid points. The most significant two

1:08:11.520 --> 1:08:13.400
<v Speaker 16>points at the bottom of page thirty four of the

1:08:13.480 --> 1:08:17.400
<v Speaker 16>document are the death occurred following a violent domestic altercation

1:08:17.560 --> 1:08:21.080
<v Speaker 16>between Simmons and the deceased. The deceased died as a

1:08:21.120 --> 1:08:24.400
<v Speaker 16>result of a gunshot to the head in her and Simmons' bedroom.

1:08:25.240 --> 1:08:29.439
<v Speaker 16>The two circumstances overwhelmingly demanded the investigation bethorough and to

1:08:29.520 --> 1:08:33.200
<v Speaker 16>the highest standard. Detective Senior Sergeant Hunter's report is a

1:08:33.360 --> 1:08:34.519
<v Speaker 16>very candid assessment.

1:08:34.960 --> 1:08:39.120
<v Speaker 1>He's referring to the WA Police Internal Affairs Unit report,

1:08:39.640 --> 1:08:43.960
<v Speaker 1>of which we also have a copy. Despite what uniformed

1:08:44.040 --> 1:08:47.800
<v Speaker 1>officers advised him when he arrived on scene, it was

1:08:47.920 --> 1:08:51.800
<v Speaker 1>noted that Kirkman stated in his interview that he was

1:08:51.880 --> 1:08:56.160
<v Speaker 1>treating the matter as a sudden death under the Coroner's Act,

1:08:56.880 --> 1:08:59.000
<v Speaker 1>not a criminal investigation.

1:09:00.000 --> 1:09:03.080
<v Speaker 16>Treat these matters as sudden death until such time as

1:09:03.160 --> 1:09:04.080
<v Speaker 16>it looked suspicious.

1:09:04.439 --> 1:09:06.640
<v Speaker 3>When I turned up, I didn't know either way.

1:09:07.360 --> 1:09:10.920
<v Speaker 1>Here is an excerpt of its findings in relation to

1:09:11.040 --> 1:09:15.639
<v Speaker 1>the conduct of detectives Kirkman and Wiederman on the knight

1:09:15.800 --> 1:09:16.439
<v Speaker 1>Amy died.

1:09:17.320 --> 1:09:20.120
<v Speaker 2>Apart from their observations at the scene, they failed to

1:09:20.200 --> 1:09:24.840
<v Speaker 2>seek any other independent corroboration of Simmons and Price's statements.

1:09:25.439 --> 1:09:29.840
<v Speaker 2>They classified Simmons and Price as witnesses and requested statements

1:09:29.920 --> 1:09:34.280
<v Speaker 2>be obtained from them by junior inexperienced staff. This was

1:09:34.360 --> 1:09:38.400
<v Speaker 2>prior to making any assessment of criminality. They failed to

1:09:38.520 --> 1:09:43.000
<v Speaker 2>speak to Simmons or Price to clarify inconsistencies or obtain

1:09:43.200 --> 1:09:47.040
<v Speaker 2>further details from them. They failed to attempt to establish

1:09:47.120 --> 1:09:50.280
<v Speaker 2>a timeline of events to confirm or rebut the account

1:09:50.360 --> 1:09:53.960
<v Speaker 2>of Simmons or Price, i e. What time the deceased

1:09:54.000 --> 1:09:57.240
<v Speaker 2>had arrived home, who she was with that day, time

1:09:57.320 --> 1:10:01.200
<v Speaker 2>of death, etc. They failed to speak or cause any

1:10:01.280 --> 1:10:05.559
<v Speaker 2>inquiries with Joshua Brydon, who was apparently also present during

1:10:05.600 --> 1:10:09.960
<v Speaker 2>the physical altercation with the deceased. They failed to speak

1:10:10.000 --> 1:10:12.840
<v Speaker 2>to the deceased mother, who Kirkman knew had received a

1:10:12.920 --> 1:10:16.120
<v Speaker 2>phone call from the deceased shortly prior to her death.

1:10:16.920 --> 1:10:20.200
<v Speaker 2>They failed to seek further information from family or friends

1:10:20.240 --> 1:10:25.760
<v Speaker 2>of suicidal ideation or previous domestic violence incidents. Apart from

1:10:25.920 --> 1:10:29.160
<v Speaker 2>checking the deceased hands and maybe arms, did not know

1:10:29.360 --> 1:10:32.920
<v Speaker 2>of any other injuries to her, failed to make any

1:10:33.000 --> 1:10:37.040
<v Speaker 2>inquiries concerning the missing door handle inside the bedroom or

1:10:37.120 --> 1:10:40.280
<v Speaker 2>even recognized it may have been evidence of a struggle.

1:10:40.960 --> 1:10:43.880
<v Speaker 2>Failed to make inquiries of the service station as to

1:10:43.960 --> 1:10:49.880
<v Speaker 2>Simmons and Price's actions there. Kirkman incorrectly determined the trajectory

1:10:50.000 --> 1:10:53.600
<v Speaker 2>of the projectiles was low to high, and theorized in

1:10:53.720 --> 1:10:56.640
<v Speaker 2>his interview the deceased had rested the butt of the

1:10:56.760 --> 1:11:01.280
<v Speaker 2>firearm on the ground before pulling the trigger. BPA expert

1:11:01.320 --> 1:11:07.000
<v Speaker 2>analysis states the firearm was likely perpendicular when fired. Failure

1:11:07.080 --> 1:11:10.240
<v Speaker 2>to interview Robert Simmons about him entering the scene and

1:11:10.439 --> 1:11:15.120
<v Speaker 2>handling the firearms prior to police attendants, failure to make

1:11:15.240 --> 1:11:19.160
<v Speaker 2>detailed notes of their actions and decisions. They failed to

1:11:19.280 --> 1:11:24.200
<v Speaker 2>consider the following forensic procedures were necessary, Seizure of Simmons

1:11:24.280 --> 1:11:28.200
<v Speaker 2>and Price's clothing, view and photograph Simmons as a result

1:11:28.280 --> 1:11:32.320
<v Speaker 2>of a violent altercation, Seizure of the deceased vehicle for

1:11:32.479 --> 1:11:38.280
<v Speaker 2>evidentary material blood patterns, damage, glass fragments, fingernail scrapings of

1:11:38.360 --> 1:11:43.560
<v Speaker 2>Simmons and Price, fingernail scrapings of the deceased. Wiederman and

1:11:43.680 --> 1:11:47.479
<v Speaker 2>ultimately Kirkman based their assessment of this incident on the

1:11:47.560 --> 1:11:51.360
<v Speaker 2>assumption Simmons and Price were telling the truth. However, in

1:11:51.479 --> 1:11:55.400
<v Speaker 2>these circumstances, that assumption is an unsafe approach and they

1:11:55.439 --> 1:11:58.559
<v Speaker 2>should have not made the decision based on their limited

1:11:58.680 --> 1:12:04.080
<v Speaker 2>level of investigation. Further investigation was necessary and Major Crime

1:12:04.120 --> 1:12:06.920
<v Speaker 2>Squad should have been informed of the matter to make

1:12:07.000 --> 1:12:11.360
<v Speaker 2>their determination. It has been found that Kirkman and Wiederman

1:12:11.520 --> 1:12:15.720
<v Speaker 2>neglected their duty by not adequately investigating this matter. In

1:12:15.800 --> 1:12:19.840
<v Speaker 2>the first instance, they failed to identify or attend to

1:12:20.000 --> 1:12:24.759
<v Speaker 2>matters of inquiry against the WA Police Force Investigation doctrine.

1:12:25.600 --> 1:12:29.720
<v Speaker 2>No criminal element to this matter was identified. The recommendation

1:12:30.040 --> 1:12:32.960
<v Speaker 2>was to refer the matters to the Integrity Review Panel

1:12:33.040 --> 1:12:37.400
<v Speaker 2>for consideration of issuance of an assistant Commissioner's warning notice.

1:12:38.400 --> 1:12:42.919
<v Speaker 2>The subject officers were notified of the IAU investigation outcomes

1:12:43.000 --> 1:12:47.639
<v Speaker 2>through an early assessment notice on fifteen April twenty twenty.

1:12:47.920 --> 1:12:52.920
<v Speaker 2>Both Wiederman and Kirkman were issued with an ACWN Brian

1:12:53.040 --> 1:12:56.759
<v Speaker 2>Hunter Detective Senior Sergeant, Internal Affairs Unit.

1:12:57.640 --> 1:13:02.200
<v Speaker 1>This was dated fourteen May twenty twenty, So despite this

1:13:02.479 --> 1:13:08.680
<v Speaker 1>complete dereliction of duty, Weederman and Kirkman were both let

1:13:08.760 --> 1:13:12.599
<v Speaker 1>off with warnings. Now it's worth noting that only Weederman

1:13:12.960 --> 1:13:17.519
<v Speaker 1>remains on the WA Police Force payroll. Kirkman left some

1:13:17.760 --> 1:13:22.160
<v Speaker 1>time after the inquest findings came out. Meanwhile, the coroner

1:13:22.240 --> 1:13:26.200
<v Speaker 1>had an entire section in her findings about mister Iddle's

1:13:26.360 --> 1:13:32.400
<v Speaker 1>report and cross examination, which included the following observations of note.

1:13:32.600 --> 1:13:35.599
<v Speaker 14>In the context of the thousand or so suspicious deaths,

1:13:35.640 --> 1:13:39.160
<v Speaker 14>mister Iddles has investigated only a small number involved women

1:13:39.240 --> 1:13:42.200
<v Speaker 14>and firearms, and of those only a couple involved a

1:13:42.280 --> 1:13:46.320
<v Speaker 14>female committing suicide. In those cases, the firearm used was

1:13:46.360 --> 1:13:48.640
<v Speaker 14>a handgun, and he had never been involved in a

1:13:48.720 --> 1:13:51.839
<v Speaker 14>case where a female person committed suicide with a shotgun.

1:13:52.800 --> 1:13:56.000
<v Speaker 14>In terms of firearm deaths generally, mister Iddle's commented that

1:13:56.120 --> 1:13:58.560
<v Speaker 14>the position in which Amy was found is not the

1:13:58.640 --> 1:14:01.320
<v Speaker 14>position you would normally find someone who used a firearm

1:14:01.360 --> 1:14:04.839
<v Speaker 14>to harm themselves. In his experience, most of these cases

1:14:04.920 --> 1:14:07.519
<v Speaker 14>either have the person seated in a chair or lying

1:14:07.560 --> 1:14:11.040
<v Speaker 14>on a bed. Therefore, in mister Eddele's opinion, Amy's case

1:14:11.160 --> 1:14:16.080
<v Speaker 14>is very unusual and warranted close investigation. Mister Eddles considered

1:14:16.120 --> 1:14:19.200
<v Speaker 14>the Major Crime Division investigation, which commenced the day after

1:14:19.280 --> 1:14:23.719
<v Speaker 14>Amy's death, Operation JUNDI, was investigated to a reasonable standard,

1:14:24.080 --> 1:14:26.920
<v Speaker 14>but was concluded prematurely, given the final comments of the

1:14:27.000 --> 1:14:30.720
<v Speaker 14>investigating officer were made before final written forensic reports were

1:14:30.760 --> 1:14:34.759
<v Speaker 14>available in relation to such items as Gareth and David's clothing.

1:14:35.400 --> 1:14:39.080
<v Speaker 14>Mister Eddles described the investigators as appearing to have tunnel vision,

1:14:39.360 --> 1:14:41.320
<v Speaker 14>in the sense that they appeared willing to come to

1:14:41.400 --> 1:14:44.880
<v Speaker 14>a conclusion before they had all the available evidence. He

1:14:45.000 --> 1:14:48.040
<v Speaker 14>also noted the investigation was impacted by the decisions of

1:14:48.080 --> 1:14:51.519
<v Speaker 14>the Rockingham detective's premature closure of the case on the

1:14:51.640 --> 1:14:54.760
<v Speaker 14>night Amy died. Although mister Idels did not have full

1:14:54.840 --> 1:14:58.240
<v Speaker 14>access to the investigative materials, he based his opinion upon

1:14:58.280 --> 1:15:01.360
<v Speaker 14>the information he did have an opportunity to review. He

1:15:01.479 --> 1:15:05.760
<v Speaker 14>noted the cold case review left three options open, namely suicide,

1:15:06.040 --> 1:15:10.320
<v Speaker 14>accident or homicide. Mister iddles expressed the opinion that he

1:15:10.439 --> 1:15:13.360
<v Speaker 14>did not think the evidence suggested the death occurred by accident,

1:15:13.680 --> 1:15:16.799
<v Speaker 14>but considered the other two options were open on the evidence.

1:15:18.000 --> 1:15:21.439
<v Speaker 14>In particular, mister Iddle's indicated his opinion that you still

1:15:21.520 --> 1:15:25.000
<v Speaker 14>can't rule out homicide on the evidence that has been identified.

1:15:25.560 --> 1:15:28.760
<v Speaker 14>Mister Iddle's agreed one evidence that could point to homicide

1:15:29.040 --> 1:15:31.800
<v Speaker 14>was the biomechanical evidence in relation to the position of

1:15:31.960 --> 1:15:35.240
<v Speaker 14>her hand, but he also pointed to the position of

1:15:35.280 --> 1:15:38.040
<v Speaker 14>where it happened, noting that women do not normally use

1:15:38.080 --> 1:15:40.800
<v Speaker 14>a shotgun to commit suicide, and if it did happen

1:15:40.840 --> 1:15:43.760
<v Speaker 14>as a suicide, based on his own experience, he would

1:15:43.760 --> 1:15:46.800
<v Speaker 14>have expected it to have occurred on the bed. If

1:15:46.880 --> 1:15:49.599
<v Speaker 14>the death occurred by suicide in the location where Amy

1:15:49.760 --> 1:15:52.360
<v Speaker 14>was found, and the evidence of Gareth was accepted that

1:15:52.479 --> 1:15:55.360
<v Speaker 14>the shotgun was first found on the legs, the scenario

1:15:55.479 --> 1:15:58.439
<v Speaker 14>does not account for the recoil of the shotgun. Therefore,

1:15:58.640 --> 1:16:00.200
<v Speaker 14>if it is the case that the bar of the

1:16:00.280 --> 1:16:03.640
<v Speaker 14>gun was found between Amy's legs, mister Iddle's commented, then

1:16:03.720 --> 1:16:06.040
<v Speaker 14>we've got an issue there that no one can explain,

1:16:06.720 --> 1:16:09.640
<v Speaker 14>and the lack of blood spatter and gunshot residue on

1:16:09.720 --> 1:16:13.120
<v Speaker 14>Amy's right hand on the balance of probabilities, suggested the

1:16:13.200 --> 1:16:15.719
<v Speaker 14>hand was more likely to have been underneath Amy's thigh

1:16:15.880 --> 1:16:16.960
<v Speaker 14>at the time of the shooting.

1:16:17.280 --> 1:16:20.360
<v Speaker 1>Now, bearing in mind mister Iddle's is not privy to

1:16:20.600 --> 1:16:24.680
<v Speaker 1>all available evidence, the coroner still chose to seize on

1:16:24.760 --> 1:16:29.599
<v Speaker 1>his comment that you need more than suspicion, and rather

1:16:29.680 --> 1:16:33.640
<v Speaker 1>than recommend any action to build on this, she concludes

1:16:34.080 --> 1:16:36.960
<v Speaker 1>there's nothing more to be done due to the failure

1:16:37.240 --> 1:16:41.160
<v Speaker 1>by detectives to investigate thoroughly at the start.

1:16:41.840 --> 1:16:44.839
<v Speaker 14>I note the history of this matter, including a previous

1:16:44.880 --> 1:16:47.720
<v Speaker 14>referral by a coroner to the Director of Public Prosecutions

1:16:48.080 --> 1:16:51.200
<v Speaker 14>under Section twenty seven, Part five of the Coroner's Act,

1:16:51.439 --> 1:16:55.280
<v Speaker 14>which included the first report of Professor Ackland. Under that section,

1:16:55.520 --> 1:16:57.519
<v Speaker 14>I may also make a referral to the Director of

1:16:57.560 --> 1:17:00.640
<v Speaker 14>Public Prosecutions if I believe in diet of offense has

1:17:00.640 --> 1:17:04.719
<v Speaker 14>been committed in connection with Amy's death. Although the required

1:17:04.800 --> 1:17:07.160
<v Speaker 14>standard of proof in an inquest is lower than the

1:17:07.240 --> 1:17:10.240
<v Speaker 14>criminal standard of proof, in making my findings, I have

1:17:10.320 --> 1:17:13.920
<v Speaker 14>applied the Briginshaw principle, which requires a consideration of the

1:17:14.040 --> 1:17:17.439
<v Speaker 14>nature of the allegations when considering what standard of proof

1:17:17.800 --> 1:17:22.080
<v Speaker 14>is necessary to support a judicial finding. In this case,

1:17:22.200 --> 1:17:25.280
<v Speaker 14>the allegations of involvement in concealment of a homicide are

1:17:25.360 --> 1:17:29.600
<v Speaker 14>patently very serious and could have grave consequences for individuals,

1:17:30.040 --> 1:17:34.120
<v Speaker 14>so I consider I require particularly strong or cogent evidence

1:17:34.200 --> 1:17:38.080
<v Speaker 14>to prove the allegations to my satisfaction. Given I have

1:17:38.200 --> 1:17:41.040
<v Speaker 14>made an open finding in relation to the manner of death,

1:17:41.439 --> 1:17:43.960
<v Speaker 14>in my view, there is insufficient evidence for me to

1:17:44.040 --> 1:17:47.240
<v Speaker 14>be satisfied that an indubtable offense has been committed in

1:17:47.360 --> 1:17:51.960
<v Speaker 14>connection with Amy's death. Therefore, I do not propose to

1:17:52.040 --> 1:17:54.600
<v Speaker 14>refer this case to the Director of Public Prosecutions for

1:17:54.720 --> 1:17:55.680
<v Speaker 14>further consideration.

1:18:00.600 --> 1:18:02.960
<v Speaker 1>But it's not over yet, not by a long way.

1:18:03.720 --> 1:18:07.599
<v Speaker 1>WA Police has now announced it's dedicating a new team

1:18:08.000 --> 1:18:12.280
<v Speaker 1>to investigate Amy's case. It's been four years since the

1:18:12.400 --> 1:18:16.920
<v Speaker 1>cold case investigation ended, but they've acknowledged a number of

1:18:17.000 --> 1:18:21.120
<v Speaker 1>people have contacted them with new information as a result

1:18:21.320 --> 1:18:22.600
<v Speaker 1>of our podcast.

1:18:23.240 --> 1:18:26.200
<v Speaker 17>The increased media attention has led to numerous calls to

1:18:26.280 --> 1:18:29.479
<v Speaker 17>crime stoppers. Part of the Special Crime Squad's role is

1:18:29.520 --> 1:18:31.920
<v Speaker 17>to follow up and determine if any new information has

1:18:31.960 --> 1:18:36.000
<v Speaker 17>been received that might open avenues for further investigation. To

1:18:36.080 --> 1:18:38.839
<v Speaker 17>achieve this objective, a team has been formulated to assess

1:18:39.000 --> 1:18:42.479
<v Speaker 17>new information received and investigate any new leads that may

1:18:42.520 --> 1:18:45.200
<v Speaker 17>be present. We don't want to give loved ones any

1:18:45.320 --> 1:18:47.679
<v Speaker 17>false hope. That we can reassure them that the WA

1:18:47.800 --> 1:18:51.080
<v Speaker 17>Police will follow up thoroughly and never stop looking. We

1:18:51.200 --> 1:18:54.280
<v Speaker 17>are always grateful to our media partners for highlighting unsolved

1:18:54.400 --> 1:18:56.840
<v Speaker 17>cases and to the friends and family who worked with

1:18:57.040 --> 1:18:58.080
<v Speaker 17>us to seek justice.

1:19:04.200 --> 1:19:08.720
<v Speaker 7>Next episode, discrimination, victim blaming, and trying to move the

1:19:08.840 --> 1:19:11.759
<v Speaker 7>dial on a case where it's easier for the people

1:19:11.840 --> 1:19:13.840
<v Speaker 7>in power to just do nothing.

1:19:14.880 --> 1:19:19.040
<v Speaker 2>There's plenty of loose hands, there's plenty of emerging possible

1:19:19.120 --> 1:19:22.719
<v Speaker 2>lines of inquiry, there's plenty of strategies that they can employ.

1:19:23.360 --> 1:19:24.800
<v Speaker 15>The question is why not?

1:19:25.280 --> 1:19:28.880
<v Speaker 1>And the startling new claims sent to WA Police to

1:19:29.040 --> 1:19:31.200
<v Speaker 1>follow up and yeah, she was dead.

1:19:32.160 --> 1:19:36.360
<v Speaker 13>We've been pigging and we'd like founder And then.

1:19:36.400 --> 1:19:40.640
<v Speaker 15>We had to burn the clothes because the costs were

1:19:40.680 --> 1:19:42.400
<v Speaker 15>chasing us and we didn't want them to think that

1:19:42.479 --> 1:19:43.760
<v Speaker 15>we had anything to do with it.

1:20:03.920 --> 1:20:06.679
<v Speaker 13>We both know the now.

1:20:08.680 --> 1:20:09.960
<v Speaker 4>You me.

1:20:20.680 --> 1:20:25.080
<v Speaker 1>If you knew Amy and have information, any information about

1:20:25.160 --> 1:20:29.880
<v Speaker 1>her death, we'd love to hear from you. Just email

1:20:30.040 --> 1:20:35.160
<v Speaker 1>us at The Truth about Amy at seven dot com

1:20:35.439 --> 1:20:39.719
<v Speaker 1>dot au. That's s E V E N The Truth

1:20:39.760 --> 1:20:46.320
<v Speaker 1>about Amy at seven dot com dot Au, or visit

1:20:46.439 --> 1:20:50.840
<v Speaker 1>our website sevenews dot com dot Au forward slash the

1:20:51.000 --> 1:20:54.760
<v Speaker 1>Truth about Amy. You can also send us an anonymous

1:20:54.840 --> 1:20:59.639
<v Speaker 1>tip at www dot the Truth about Amy dot com.

1:21:02.400 --> 1:21:05.559
<v Speaker 1>If you're on Facebook or Instagram, you can follow us

1:21:05.600 --> 1:21:09.439
<v Speaker 1>to see photos and updates relevant to the case, but

1:21:09.680 --> 1:21:12.720
<v Speaker 1>for legal reasons, unfortunately, you won't be able to make

1:21:12.880 --> 1:21:19.120
<v Speaker 1>any comments. And remember, if you like what you're hearing,

1:21:19.560 --> 1:21:23.719
<v Speaker 1>don't forget to subscribe. Please rate and review our series

1:21:24.120 --> 1:21:32.040
<v Speaker 1>because it really helps new listeners to find us. Presenter

1:21:32.120 --> 1:21:39.000
<v Speaker 1>and executive producer Alison Sandy, Presenter and investigative journalist Liam Bartlett,

1:21:41.240 --> 1:21:48.719
<v Speaker 1>Sound design Mark Wright, Assistant producer Cassie Woodward, Graphics Jason Blanford,

1:21:49.800 --> 1:22:05.200
<v Speaker 1>and special thanks to Tim Clark and Brian Seymour. This

1:22:05.920 --> 1:22:07.519
<v Speaker 1>is a seven News production.