WEBVTT - Proof of Innocence 0:00:02.600 --> 0:00:06.000 Just before nine o'clock last night, the jury returned guilty 0:00:06.080 --> 0:00:10.000 verdicts against all three defendants. It was absolutely shamblesh, to 0:00:10.039 --> 0:00:12.600 tell you the truth, just absolutely really. Heamous blood on 0:00:12.640 --> 0:00:14.840 his clothing the day after the alleged. 0:00:14.560 --> 0:00:16.480 Attap on a shallow mud bank and it fits through 0:00:16.520 --> 0:00:16.880 a river. 0:00:17.000 --> 0:00:19.160 Basically, I think most of the people are used to me, 0:00:19.239 --> 0:00:20.520 there are good people. 0:00:20.600 --> 0:00:23.200 I think a really important question we need to ask 0:00:23.400 --> 0:00:26.279 is how many Indigenous prisoners in Australia are innocent. 0:00:27.200 --> 0:00:29.800 This is Curtain, a podcast where we pulled back the 0:00:29.840 --> 0:00:32.360 blinds to shine a light on the darkest parts of 0:00:32.400 --> 0:00:36.160 our justice system and ask who are the victims. I'm 0:00:36.159 --> 0:00:38.520 Amy Maguire and. 0:00:38.440 --> 0:00:42.040 I'm Martin Hodgson, a senior advocate for the Foreign Prisoner 0:00:42.080 --> 0:00:46.400 Support Service. And a warning, this series contains the names 0:00:46.440 --> 0:00:50.760 of deceased peoples and has distressing content that might upset 0:00:50.880 --> 0:00:51.599 some listeners. 0:00:52.920 --> 0:00:55.000 So last week we let you know a little bit 0:00:55.000 --> 0:00:59.480 more about Kevin Henry's parole process and the sad fact 0:00:59.600 --> 0:01:02.840 that he was yet again knocked back for parole after 0:01:02.920 --> 0:01:08.960 twenty six years spent incarcerated in our Campden jail. This 0:01:09.000 --> 0:01:12.919 week we received further detail about why he was actually 0:01:13.000 --> 0:01:16.039 knocked back for parole. Mardin, Can you give us a 0:01:16.080 --> 0:01:19.440 little overview of the reasons why the parole Board has 0:01:19.480 --> 0:01:21.560 knocked him back. Yeah. 0:01:21.640 --> 0:01:25.560 So, first I'll actually go through both the reason they've 0:01:26.000 --> 0:01:31.720 knocked Kevin back, but also the letter we received from 0:01:31.760 --> 0:01:36.200 the Parole Board. And one of the very frustrating facts 0:01:36.200 --> 0:01:40.120 of it is it's a four page letter and it 0:01:40.319 --> 0:01:44.120 highlights many of the things that are in Kevin's favor, 0:01:45.160 --> 0:01:49.960 that are that he's undertaken and completed a number of programs. 0:01:50.680 --> 0:01:55.160 One they name is the Positive Futures program. They also 0:01:55.480 --> 0:02:01.200 identify that there was a place of reds that was 0:02:01.360 --> 0:02:06.520 acceptable to the Parole Board where Kevin could live on release, 0:02:06.560 --> 0:02:11.359 and this is often a difficult barrier for people to overcome. 0:02:13.200 --> 0:02:18.840 They also accepted the petition from the residents of Warabinda 0:02:18.880 --> 0:02:23.040 and also the elders of Warabinda and again stated that 0:02:23.160 --> 0:02:28.399 this was in Kevin's favor. They also took into account 0:02:28.800 --> 0:02:33.799 all the information that we provided to support Kevin's application, 0:02:34.680 --> 0:02:37.519 again in their own words, stated that all of this 0:02:37.760 --> 0:02:42.400 was in his favor. They looked at some further submissions 0:02:42.440 --> 0:02:45.200 that we made that are sort of above and beyond 0:02:45.280 --> 0:02:48.880 what you would normally do in a parole application, and 0:02:49.800 --> 0:02:54.160 that included the level of community support that was there 0:02:54.200 --> 0:02:59.520 for Kevin, the sheer number of accommodation options, to support 0:02:59.680 --> 0:03:05.480 options from Indigenous run organizations, and that everything we'd done 0:03:05.560 --> 0:03:11.480 had been planned out, including outreach worker support from the 0:03:11.520 --> 0:03:16.079 New Endings Men's Program. And again in their own words, 0:03:16.680 --> 0:03:21.680 they say that this was in Kevin's favor. But then 0:03:21.760 --> 0:03:25.280 we get to the part where Kevin is knocked back 0:03:25.320 --> 0:03:29.359 and in four pages, that's right down the bottom. Now, 0:03:30.200 --> 0:03:34.480 Kevin maintains his innocence and has done for twenty six years. 0:03:35.240 --> 0:03:39.720 But as we've discussed previously on the podcast, Queensland does 0:03:39.800 --> 0:03:44.360 not have what they call a denier's program. Now, that's 0:03:44.360 --> 0:03:48.400 a program that would allow a person who's imprisoned to 0:03:48.880 --> 0:03:53.800 exit prison to the satisfaction of the parole board without 0:03:53.960 --> 0:04:01.000 admitting their guilt. In Queensland, a person incarcerated is required 0:04:01.080 --> 0:04:05.520 under the programs that they run, to admit their guilt 0:04:06.160 --> 0:04:12.040 and explain their motivations behind why they committed the particular crime. Now, 0:04:12.080 --> 0:04:14.920 of course Kevin didn't commit the crime, so he's not 0:04:14.960 --> 0:04:17.479 going to say he did it, and nor can he 0:04:17.680 --> 0:04:21.800 explain his motivations or how he went about committing the crime, 0:04:22.480 --> 0:04:28.120 because he'd have to lie to do that. Now, the 0:04:28.160 --> 0:04:32.280 board agreed that Kevin was unable to participate in these 0:04:32.320 --> 0:04:38.160 programs because he maintained this stance of innocence. But what 0:04:38.200 --> 0:04:43.000 the board then said was, and I quote, the Board 0:04:43.080 --> 0:04:47.200 does not accept a proposition that people it believes to 0:04:47.240 --> 0:04:50.280 present too high a risk level should be released from 0:04:50.400 --> 0:04:56.159 custody simply because of the unavailability of a treatment program, 0:04:57.800 --> 0:05:00.560 because to do so would be to abridge gate its 0:05:00.600 --> 0:05:05.800 primary obligation to community safety. So the Parole Board is 0:05:05.920 --> 0:05:10.320 accepting there is not a program available to Kevin that's 0:05:10.400 --> 0:05:15.760 acceptable or suitable. But because of the nature of the 0:05:15.880 --> 0:05:18.920 crime and the fact that the Parole Board can only 0:05:19.000 --> 0:05:23.599 consider the verdict of the initial trial and none of 0:05:23.640 --> 0:05:28.840 the evidence we've presented in relation to Kevin's innocence, they 0:05:28.920 --> 0:05:32.599 have to maintain that he is guilty. And so we 0:05:32.720 --> 0:05:37.840 have this absurd situation whereby the board's own admission, there 0:05:37.920 --> 0:05:42.200 is no availability of a program for Kevin to complete, 0:05:42.760 --> 0:05:47.279 and therefore he has to stay in prison. So I 0:05:47.320 --> 0:05:51.920 would argue, what is Kevin left to do? What can 0:05:51.960 --> 0:05:56.720 he possibly do to satisfy their desire to see him 0:05:56.920 --> 0:06:00.160 not be, as they say, a high level risk. And 0:06:00.200 --> 0:06:03.719 the only basis they say that he is a high 0:06:03.800 --> 0:06:07.720 level risk on is the fact of his conviction of 0:06:07.760 --> 0:06:11.520 this crime twenty six years ago that I think we 0:06:11.640 --> 0:06:15.360 have thoroughly shown he is innocent of that he maintains 0:06:15.400 --> 0:06:19.520 his innocence of and in this episode we will detail 0:06:19.839 --> 0:06:23.680 some vital new information that points to that innocence. So 0:06:23.839 --> 0:06:29.599 it's a terribly disappointing result. And last week I said 0:06:29.680 --> 0:06:33.680 we would have an opportunity to appeal this result, but 0:06:34.640 --> 0:06:38.160 the Board declined to give us that option and we 0:06:38.240 --> 0:06:41.800 cannot lodge a new application with the Board for Kevin's 0:06:41.800 --> 0:06:44.120 parole for a further six months. 0:06:45.080 --> 0:06:49.840 It's really strange, Madam, because obviously this has been a 0:06:49.880 --> 0:06:53.080 continual problem in relation to Kevin's applications for par all 0:06:53.120 --> 0:06:55.680 it seems that it's back to square one yet again, 0:06:55.760 --> 0:07:01.039 that it's based around his inability to come this program. 0:07:01.200 --> 0:07:05.200 So where to from now? What options are actually available? 0:07:05.320 --> 0:07:08.120 And how much do the Parole Board have their own 0:07:08.200 --> 0:07:11.240 hands tis? How much hands tight? How much does this 0:07:11.280 --> 0:07:14.600 have to do with the existing parole system in Queensland. 0:07:15.640 --> 0:07:17.880 Yeah, it's a really good question and I think the 0:07:17.920 --> 0:07:22.400 Parole Board absolutely has their hands tied in a certain 0:07:22.600 --> 0:07:28.560 sense in that while they are continued to be instructed 0:07:28.640 --> 0:07:34.080 that they must take into consideration only the verdict handed 0:07:34.160 --> 0:07:38.640 down at the time. It's very difficult because it means 0:07:38.680 --> 0:07:42.119 they can't consider any new information and this is clearly 0:07:42.200 --> 0:07:45.880 an absurd situation. The problem is that this is a 0:07:45.920 --> 0:07:50.000 statewide issue. That's why there has been a full review 0:07:50.920 --> 0:07:54.440 into the parole system in Queensland. This is a system, 0:07:54.480 --> 0:07:58.360 as we've previously discussed, that has not been updated for 0:07:58.480 --> 0:08:04.000 eighty years. And while there were eighty two recommendations, eighty 0:08:04.080 --> 0:08:09.040 of which the Queensland Government has agreed to adopt, they 0:08:09.160 --> 0:08:13.480 haven't yet been adopted, and so we will have more 0:08:13.560 --> 0:08:18.960 options once the Parliament passes these recommendations and the new 0:08:19.080 --> 0:08:23.680 Professional Parole Board are impaneled. But I still think even 0:08:23.800 --> 0:08:28.160 with the caveat of having to take into consideration the 0:08:28.200 --> 0:08:33.600 final verdict, Kevin is absolutely a person who should be 0:08:33.679 --> 0:08:37.920 eligible for parole and granted parole. He doesn't pose a 0:08:38.000 --> 0:08:42.320 risk to the community. He hasn't drunk or used drugs 0:08:42.360 --> 0:08:46.640 for twenty six years, he hasn't committed this violent crime, 0:08:47.280 --> 0:08:51.480 and we've clearly shown that throughout the podcast, both with 0:08:52.160 --> 0:08:57.720 no forensic evidence, no DNA evidence, no witness testimony, nothing 0:08:58.000 --> 0:09:02.280 that points to Kevin involved in this, and he's essentially 0:09:02.320 --> 0:09:06.440 being punished for maintaining his innocence. And I think clearly 0:09:06.520 --> 0:09:10.600 that has to change, and hopefully with the new Parole 0:09:10.640 --> 0:09:13.800 Board being impaneled in the next week or so, we 0:09:13.920 --> 0:09:15.439 will see that change. 0:09:17.080 --> 0:09:21.200 So what's next now? In a lesson to Kevin's parole process. 0:09:22.800 --> 0:09:26.880 So right now, as a legal team, we need to 0:09:26.960 --> 0:09:31.160 consider what our options are and I can't give too 0:09:31.200 --> 0:09:35.359 many further details other than we are considering all options 0:09:36.000 --> 0:09:39.520 and we're not going to simply just wait six months 0:09:39.520 --> 0:09:42.839 and sit around and twiddle our thumbs. We'll look at 0:09:42.880 --> 0:09:47.679 all available options to us and continue to make representations 0:09:47.760 --> 0:09:52.200 to the board on Kevin's behalf, particularly as a new 0:09:52.240 --> 0:09:56.680 board is being impaneled and it'll be an entirely professional 0:09:56.760 --> 0:09:59.960 board for the first time in Queensland history. There will 0:10:00.200 --> 0:10:04.440 definitely be an aboriginal member of the Parole Board now 0:10:05.400 --> 0:10:09.760 and we're hoping that some of these old rules that 0:10:09.800 --> 0:10:13.840 have existed since the nineteen thirties will be done away 0:10:13.880 --> 0:10:18.280 with and a more reasonable outcome will be possible for Kevin. 0:10:19.320 --> 0:10:21.480 So moving on, we told you last week that we 0:10:21.559 --> 0:10:24.719 do uncovered a series of new witness statements that have 0:10:24.840 --> 0:10:29.800 been previously buried in relation to Kevin Henry's case. This week, 0:10:29.840 --> 0:10:33.199 we're going to tell you the content of those witness statements. 0:10:33.840 --> 0:10:36.800 And the first one starts with one of the women 0:10:36.920 --> 0:10:41.200 who was actually convicted in relation to the assault Onlander. Martin, 0:10:41.280 --> 0:10:43.120 can you explain to me a little bit about this 0:10:43.160 --> 0:10:45.920 witness statement and who it was from. 0:10:46.920 --> 0:10:50.480 Yeah, So this witness statement was provided by Margaret Bob. 0:10:50.960 --> 0:10:53.920 She was one of the women at Tanuba House that 0:10:54.200 --> 0:10:59.599 night and she was, as we know, convicted of the 0:11:00.240 --> 0:11:06.160 us bodily harm. But Margaret Bob gave this statement in 0:11:06.240 --> 0:11:11.280 two thousand and two. She came forward and volunteered this statement. 0:11:11.320 --> 0:11:14.640 And I think it's a very brave thing to have done, 0:11:14.720 --> 0:11:19.320 given all of the pressures that were placed by police 0:11:19.360 --> 0:11:25.640 on everyone involved and the intimidation of witnesses. And so 0:11:25.720 --> 0:11:30.160 you have to remember that Margaret Bob was there that night, 0:11:30.280 --> 0:11:34.360 she was an eyewitness to everything that occurred. And I'll 0:11:34.360 --> 0:11:41.040 read what she states and remember this statement is signed 0:11:41.200 --> 0:11:45.400 to be true and correct and not given under any 0:11:45.520 --> 0:11:52.280 kind of duress or persuasion. It's essentially like a witness 0:11:52.320 --> 0:11:57.520 statement or an affidavid and it says, I'm Margaret Joan 0:11:57.679 --> 0:12:02.360 Bob have written this sworn statement on behalf of the accused, 0:12:02.640 --> 0:12:07.239 Kevin Allen Henry. Kevin Henry did not kill the deceased 0:12:07.280 --> 0:12:11.960 woman Linda, and she does give Linda's full name at 0:12:12.000 --> 0:12:19.800 Tanubah Aboriginal Hostel on September fifth, nineteen ninety one. I 0:12:19.840 --> 0:12:23.199 hope this letter finds Kevin Henry not guilty on both 0:12:23.240 --> 0:12:27.600 accounts of murder and rape. I'm writing this sworn statement 0:12:27.720 --> 0:12:32.320 that Kevin Henry didn't kill or rape the deceased Linda. 0:12:33.080 --> 0:12:38.319 Yours sincerely, Margaret Joan Bob. Now that is an eyewitness 0:12:38.320 --> 0:12:42.120 statement from one of the people the court found to 0:12:42.200 --> 0:12:45.880 be involved that night, a person who knew all parties, 0:12:46.400 --> 0:12:51.880 certainly knew what Kevin looked like, and categorically states Kevin 0:12:51.920 --> 0:12:56.560 played no part in the murder or rape of Linda. 0:12:56.720 --> 0:13:01.200 And I would just briefly add that the forensis, as 0:13:01.200 --> 0:13:05.559 we've spoken about in the past, showed no sign of 0:13:05.720 --> 0:13:08.600 a sexual assault on Linda, and I think that's an 0:13:08.640 --> 0:13:12.560 important thing to point out, and the only evidence that 0:13:12.559 --> 0:13:17.040 that ever occurred came from the police, but there was 0:13:17.160 --> 0:13:21.319 no evidence, forensic or witness or otherwise to back up 0:13:21.360 --> 0:13:24.640 what they tried to claim. 0:13:24.679 --> 0:13:27.880 How significant is a witness statement like this, particularly coming 0:13:27.920 --> 0:13:30.920 from obviously one of the women who was convicted in 0:13:30.960 --> 0:13:32.000 relation to the assault. 0:13:33.280 --> 0:13:37.280 Well, I think on its own it only holds so 0:13:37.440 --> 0:13:42.480 much value. It's simply one person's word. But what Margaret 0:13:42.520 --> 0:13:46.240 Bob stated is what we've heard from so many other 0:13:46.320 --> 0:13:51.440 witnesses and is consistent with so many other witnesses, And 0:13:51.480 --> 0:13:54.720 I think that adds a lot more weight because we 0:13:54.840 --> 0:13:58.280 do know, and it is admitted by the police quite clearly, 0:13:58.440 --> 0:14:02.640 that she was there and must have witnessed everything if 0:14:02.640 --> 0:14:07.120 she was somewhat involved in what had gone on. Her 0:14:07.120 --> 0:14:12.000 statement is not only consistent, but it also backs up 0:14:12.080 --> 0:14:16.200 what witness X said, which is that they can't really 0:14:16.240 --> 0:14:21.360 provide any further details about Kevin's involvement in that crime 0:14:21.760 --> 0:14:24.560 other than he didn't do it because he wasn't there 0:14:24.880 --> 0:14:28.960 when it occurred. If he was, they'd maybe be able 0:14:29.040 --> 0:14:32.480 to say he was sitting here, or that forensic evidence 0:14:32.520 --> 0:14:34.920 should have been able to show he did X, Y 0:14:34.960 --> 0:14:38.760 and Z. But Kevin wasn't there and played no role, 0:14:39.200 --> 0:14:41.600 and so all they're left to be able to say 0:14:42.160 --> 0:14:48.040 is exactly that. And everything that Margaret Joam Bob says 0:14:48.600 --> 0:14:53.280 matches with our investigation, with the forensic evidence, with the 0:14:53.320 --> 0:14:56.680 evidence of the other witnesses who were there, and I 0:14:56.720 --> 0:15:01.240 think in that sense it's a very true statement, a 0:15:01.320 --> 0:15:05.360 brave statement to have given, and one that really paints 0:15:05.400 --> 0:15:07.560 a picture as to Kevin's innocence. 0:15:08.840 --> 0:15:12.680 Now, we didn't just find the statement of Margaret Bob. 0:15:13.320 --> 0:15:16.840 We also found another statement from a man who'd actually 0:15:16.880 --> 0:15:21.400 been incarcerated with Kevin Henry. Martin, Can you tell me 0:15:21.440 --> 0:15:23.800 a little bit about this other witness statement. 0:15:25.360 --> 0:15:29.360 Yes, so for now we won't name this witness again. 0:15:29.440 --> 0:15:33.520 This was someone who came forward quite a number of 0:15:33.640 --> 0:15:38.040 years after the event, but has given a very detailed 0:15:38.560 --> 0:15:43.000 witness statement to describe the events that they saw. This 0:15:43.040 --> 0:15:47.120 is not a witness who was at Tinuba House that night, 0:15:47.240 --> 0:15:49.120 as you've just said. This is a person who was 0:15:49.160 --> 0:15:54.440 in prison with Kevin Henry. But this witness was also 0:15:54.880 --> 0:15:59.240 in prison. This is a person we've previously described from 0:15:59.280 --> 0:16:04.240 witness's statement who was in the car that carried Linda's 0:16:04.280 --> 0:16:07.680 body over the bridge and who was involved in dumping 0:16:07.720 --> 0:16:11.760 the body in the water. So the witness who has 0:16:11.840 --> 0:16:16.440 come forward and given this statement on Kevin's behalf, explains 0:16:16.600 --> 0:16:20.680 the time they spent in prison with both Kevin Henry 0:16:20.800 --> 0:16:24.280 and this person, a man who was in that car 0:16:24.720 --> 0:16:29.080 and involved in the disposing of Linda's body, and he 0:16:29.200 --> 0:16:34.280 states that the person and he became quite friendly during 0:16:34.360 --> 0:16:39.000 this time in prison. He also admits that on occasion 0:16:39.080 --> 0:16:44.680 he and this individual got stoned together in prison. He 0:16:44.760 --> 0:16:47.280 goes on to state that this person was talking about 0:16:47.320 --> 0:16:52.560 having murdered someone, and over time he began to realize 0:16:53.360 --> 0:16:55.920 that it was the murder that Kevin Henry had been 0:16:56.000 --> 0:17:00.800 convicted of that this person was talking about. And he 0:17:00.920 --> 0:17:05.679 confronted this individual and he said, and I quote, I 0:17:05.840 --> 0:17:11.280 see you set Kevin Henry up. His reply was, don't 0:17:11.320 --> 0:17:15.240 you ever tell any one about it? He seemed alarmed, 0:17:15.359 --> 0:17:19.720 and I told him to calm down. The witness then 0:17:19.840 --> 0:17:23.280 goes on to say, I can recall that on a 0:17:23.320 --> 0:17:27.159 couple of other occasions I had a conversation with this 0:17:27.280 --> 0:17:32.359 individual where he'd said to me, I hate one little 0:17:32.440 --> 0:17:38.480 black Sea. I assumed he was talking about payback. I 0:17:38.560 --> 0:17:40.840 didn't know what he was talking about at the time, 0:17:41.359 --> 0:17:44.640 but he later told me he was referring to Kevin Henry, 0:17:45.440 --> 0:17:50.919 saying I hate one little black sea, Kevin Henry. I 0:17:51.000 --> 0:17:54.120 asked him why, and he said, I just hate him, 0:17:55.320 --> 0:18:01.040 he continues. I tried to get further information. I said, 0:18:01.720 --> 0:18:04.480 let me have a wild guess you set Kevin up. 0:18:05.840 --> 0:18:08.320 This was in front of a number of other people. 0:18:09.840 --> 0:18:17.600 I also said, you hate Kevin. I put it to 0:18:17.680 --> 0:18:21.760 him that you killed a woman and you set Kevin 0:18:21.800 --> 0:18:28.959 Henry up. The witness then says this individual admitted it 0:18:29.200 --> 0:18:33.880 and asked him to promise never to tell anyone, and 0:18:33.920 --> 0:18:38.840 they sign this statement. It was witnessed by a lawyer, 0:18:39.680 --> 0:18:42.280 and it was dated on the date that this statement 0:18:42.480 --> 0:18:45.400 was given. For now, I don't think there's any reason 0:18:45.560 --> 0:18:50.880 to publicly name either individual in that statement, other than 0:18:51.000 --> 0:18:55.240 to say that here we have a person in prison 0:18:56.119 --> 0:18:59.679 admitting to someone else on multiple occasions that they didn't 0:18:59.760 --> 0:19:03.719 like Evan Henry, they hated him in fact, and that 0:19:03.760 --> 0:19:07.239 they were involved in the murder of Linda, and that 0:19:07.280 --> 0:19:11.439 they did set Kevin up. Now, what's very important with 0:19:11.520 --> 0:19:16.680 this statement is that the person this statement alleges set 0:19:16.760 --> 0:19:21.040 up Kevin Henry and killed Linda is the exact person 0:19:21.440 --> 0:19:26.880 Witness X also claims was involved. Witness X and this person, 0:19:27.200 --> 0:19:32.160 as best to our knowledge, had never met. And yet 0:19:32.320 --> 0:19:35.760 both Witness X, having seen it with her own eyes, 0:19:36.440 --> 0:19:40.200 and this gentleman, having heard the confession of this individual, 0:19:40.680 --> 0:19:44.320 state that this individual was involved and that they set 0:19:44.400 --> 0:19:49.800 up Kevin Henry. I think this is vital information, something 0:19:49.800 --> 0:19:53.600 that should have been given to us long ago, and 0:19:53.640 --> 0:19:58.560 that clearly fits with Kevin's claim of being innocent and 0:19:58.640 --> 0:20:03.199 that other people were in And Kevin has confirmed to 0:20:03.240 --> 0:20:06.640 me that this individual did have it in for him. 0:20:07.040 --> 0:20:11.280 He never knew why, but it's consistent with the statement 0:20:11.440 --> 0:20:12.679 this person has given. 0:20:14.040 --> 0:20:18.440 Now, that was a pretty explosive statement, but it wasn't 0:20:18.440 --> 0:20:23.320 the only witness statement we received recently, mardin what was 0:20:23.359 --> 0:20:24.960 the other witness statement. 0:20:26.520 --> 0:20:29.840 So we have one final witness statement for this week, 0:20:30.720 --> 0:20:34.600 and that is from another person who, at another time, 0:20:34.680 --> 0:20:38.720 a year after the statement I just read out was given, 0:20:39.200 --> 0:20:42.359 wrote this particular statement, and again it was witnessed by 0:20:42.440 --> 0:20:45.800 a lawyer, and it is signed that everything in this 0:20:45.920 --> 0:20:49.919 statement is true and correct and of my own free will. 0:20:50.000 --> 0:20:52.960 I also want to state that again, as far as 0:20:53.000 --> 0:20:59.080 our investigation can tell, this person did not know Kevin 0:20:59.119 --> 0:21:03.040 Henry at the time of the murder and didn't know 0:21:03.560 --> 0:21:08.280 the other witnesses. And what this statement says is that 0:21:08.320 --> 0:21:12.760 it backs up absolutely the statement of Witness X. Now, 0:21:12.800 --> 0:21:16.240 remember Witness X said that not only was Kevin Henry 0:21:16.320 --> 0:21:20.199 not involved, but that Witness X saw the people that 0:21:20.280 --> 0:21:24.680 were involved, that they drove Linda's body over the other 0:21:24.800 --> 0:21:28.080 side of the river from Tanuba House and dumped the 0:21:28.080 --> 0:21:31.960 body in the river. And remember again that what Witness 0:21:32.160 --> 0:21:36.840 X stated is consistent with the forensic details of this 0:21:37.080 --> 0:21:41.920 crime and the forensics both presented at trial and from 0:21:41.960 --> 0:21:47.480 our investigation. Witness X was an eye witness, and so 0:21:47.800 --> 0:21:55.360 is this individual. This individual was in the car before 0:21:55.520 --> 0:22:00.760 it arrived at Tanuba House. When the car arrived at 0:22:00.760 --> 0:22:05.840 to n Uber House, this is what they stated. I 0:22:05.960 --> 0:22:09.520 waited for a while. Then I thought they'd forgot about me, 0:22:10.080 --> 0:22:13.640 so I went down under the house looking for them. 0:22:14.160 --> 0:22:17.160 When I got there, I saw two people laying down 0:22:17.200 --> 0:22:20.600 in front of the TV. Then I saw one of 0:22:20.640 --> 0:22:25.479 the girls standing there with Willie. Now remember the person 0:22:25.560 --> 0:22:29.720 Willie is someone Witness X also mentioned, and this was 0:22:29.760 --> 0:22:33.320 the man that was driving the car. So he says, 0:22:33.320 --> 0:22:36.520 and I'll just start again. Then I saw one of 0:22:36.560 --> 0:22:39.920 the girls standing there with Willie dragging this body around. 0:22:40.560 --> 0:22:43.840 I didn't know what to do. I was feeling sick 0:22:43.880 --> 0:22:47.000 and scared, so I ran back to town. I just 0:22:47.040 --> 0:22:51.040 wanted to get away, and so I hitchhiked to Cannes. 0:22:51.880 --> 0:22:55.439 Now the reason this person wanted to get away was 0:22:55.800 --> 0:23:01.639 they weren't actually from Rockhampton. They'd come from another part 0:23:01.680 --> 0:23:06.000 of Queensland to Rockhampton. These were not people they knew 0:23:06.080 --> 0:23:10.920 particularly well and clearly when they've seen something like this 0:23:11.520 --> 0:23:15.240 a man dragging a body around. Remember, this body was 0:23:15.280 --> 0:23:19.440 in front of a TV under Tanuba House, whereas we've 0:23:19.520 --> 0:23:25.359 previously explained, everyone there that day had been watching the 0:23:25.359 --> 0:23:30.840 semi final of the Rugby League. So once again, this 0:23:30.920 --> 0:23:35.040 statement comes from a witness who has no reason to lie, 0:23:35.160 --> 0:23:37.800 and remember that they've signed the statement to be true 0:23:37.880 --> 0:23:41.520 and correct and have their own free will. This is 0:23:41.640 --> 0:23:46.080 a witness who does not know Witness X. This is 0:23:46.119 --> 0:23:48.760 a witness who really doesn't know many of the other 0:23:48.840 --> 0:23:54.040 parties involved. All they do know is what they saw, 0:23:54.840 --> 0:23:59.440 and it is absolutely consistent with the other witness statements 0:23:59.440 --> 0:24:03.960 that we have. It's absolutely consistent with the forensic evidence 0:24:04.560 --> 0:24:09.200 both collected at the time and investigated more recently by 0:24:09.359 --> 0:24:12.680 US and the experts from overseas who have assisted us. 0:24:13.359 --> 0:24:17.600 And once again it does not place Kevin Henry at 0:24:17.640 --> 0:24:22.240 the crime scene. It places the same individual at the 0:24:22.320 --> 0:24:27.480 crime It locates the car that was used. Remember, again 0:24:27.600 --> 0:24:32.600 we previously discussed before we even had this information, that 0:24:32.640 --> 0:24:36.000 the person who committed the crime would have needed a car. 0:24:36.680 --> 0:24:40.440 Kevin didn't have one and he didn't have access to one. 0:24:40.480 --> 0:24:45.600 This witness statement, like Witness XES, confirms that the person 0:24:45.720 --> 0:24:50.200 they both name, had a car, was there, was dragging 0:24:50.240 --> 0:24:53.680 the body and put it in a car, where Witness 0:24:53.880 --> 0:24:56.679 X confirms they took it to the other side of 0:24:56.760 --> 0:25:00.600 the river and placed the body in the water, exactly 0:25:00.720 --> 0:25:05.639 where the forensics show Linda's body would have been. This 0:25:05.840 --> 0:25:11.680 is yet another statement from another independent person who does 0:25:11.800 --> 0:25:16.120 not name Kevin Henry because Kevin Henry was not there, 0:25:16.680 --> 0:25:21.400 but whose witness statement is consistent with all of the 0:25:21.440 --> 0:25:25.159 information we have presented, and we have only received this 0:25:25.280 --> 0:25:29.639 statement in the last ten days. So given that this 0:25:29.720 --> 0:25:34.160 statement is consistent with a year's worth of investigation, given 0:25:34.200 --> 0:25:37.679 the previous statement that we read before that was consistent 0:25:37.760 --> 0:25:43.000 with all the forensic information and other eyewitnesses. Given the 0:25:43.040 --> 0:25:46.639 statement of Margaret Joan Bob is consistent with all the 0:25:46.680 --> 0:25:52.199 forensic information, all the eyewitnesses, and everyone who has spoken 0:25:52.240 --> 0:25:55.720 about this case for the last twenty six years. How 0:25:55.920 --> 0:25:58.520 is Kevin Henry in prison today? 0:26:00.320 --> 0:26:03.439 Marda. The interesting thing I was thinking just as you 0:26:03.520 --> 0:26:06.240 were talking and read out the substance of particularly the 0:26:06.320 --> 0:26:09.560 last two witness statements. It's just really interesting that they 0:26:09.600 --> 0:26:13.240 come from two people who are in no way connected 0:26:13.320 --> 0:26:16.880 really to Tanuba House, and each one names a separate 0:26:17.000 --> 0:26:20.800 person that we know from previous witness statements who was 0:26:20.800 --> 0:26:23.680 actually in the car that night. And these are two 0:26:23.760 --> 0:26:26.840 people who didn't really come up in the trial. One 0:26:26.960 --> 0:26:31.080 came up in relation to the defense Kevin's defense team. 0:26:31.240 --> 0:26:33.800 They mentioned his name a couple of times, but other 0:26:33.840 --> 0:26:38.440 than that, these two men have largely gone unscathed. They 0:26:38.560 --> 0:26:41.320 haven't been talked about in relation to this case. So 0:26:41.400 --> 0:26:44.520 to me, it seems very significant that two men no 0:26:44.640 --> 0:26:48.040 way connected with the roal campeding community, no way connected 0:26:48.080 --> 0:26:52.800 with the people down at Tanuba actually named these two men. 0:26:53.040 --> 0:26:58.000 I mean, it seems like really almost a huge breakthrough 0:26:58.119 --> 0:27:02.520 in the case, would you, I mean, how significant would 0:27:02.560 --> 0:27:04.640 you say, there's two witness statements. 0:27:04.240 --> 0:27:07.480 Are I think the point you raise about them not 0:27:07.560 --> 0:27:14.359 being connected to the case in particular is very significant 0:27:14.440 --> 0:27:18.520 because there's no reason for them to involve themselves. If 0:27:18.560 --> 0:27:21.480 anyone just thinks for themselves right now, would you want 0:27:21.520 --> 0:27:27.160 to insert yourself into a controversial murder trial and ongoing 0:27:27.680 --> 0:27:32.040 issue that's been so controversial and such a horrific incident. 0:27:32.560 --> 0:27:37.240 I don't think many people would. But what we also 0:27:37.400 --> 0:27:42.919 know is that these statements are quite clearly and absolutely 0:27:43.040 --> 0:27:47.400 consistent with those who were there and were eyewitnesses, and 0:27:47.480 --> 0:27:52.520 I would say, more importantly, with the forensic evidence, because 0:27:53.119 --> 0:27:56.600 eyewitness statements are not always one hundred percent accurate. But 0:27:56.680 --> 0:28:00.400 when you start to get multiple people and just we've 0:28:00.400 --> 0:28:05.120 read three statements that are all consistent with each other, 0:28:05.800 --> 0:28:09.600 and that adds weight to all of them. They're also consistent, 0:28:09.640 --> 0:28:13.040 as I said, with the forensic information. There's nothing in 0:28:13.200 --> 0:28:16.200 any of these statements you can point to and say, well, 0:28:16.760 --> 0:28:21.840 we know this to be untrue. There's simply nothing there 0:28:21.880 --> 0:28:24.600 that would lead us to believe that these were offered 0:28:24.680 --> 0:28:29.440 up for any other reason than just like us, these 0:28:29.480 --> 0:28:32.680 people know Kevin Henry didn't do it. How do they 0:28:32.720 --> 0:28:39.280 know it? One was there, another one had someone we 0:28:39.600 --> 0:28:44.719 had previously believed to be involved admit to them on 0:28:44.880 --> 0:28:48.160 multiple occasions that not only did they do it, that 0:28:48.240 --> 0:28:52.680 they set Kevin up. And the third person saw the 0:28:52.840 --> 0:28:56.240