WEBVTT - The Findings 0:00:11.840 --> 0:00:16.240 This is the case of Marion Barter, a mother teacher 0:00:17.079 --> 0:00:21.040 friend missing for twenty seven years. 0:00:22.280 --> 0:00:24.759 You know, no sign that she was going to vanish, 0:00:24.880 --> 0:00:25.520 that's for sure. 0:00:26.079 --> 0:00:30.160 The bizarre circumstances surrounding her disappearance, I'm not. 0:00:30.120 --> 0:00:31.440 Sure if it was intentional. 0:00:31.720 --> 0:00:33.599 There's something more foul afoot. 0:00:34.360 --> 0:00:36.960 If you could imagine a teacher coming straight from the 0:00:37.120 --> 0:00:39.400 little house on the prairie to the eighties, that was 0:00:39.479 --> 0:00:40.080 Marian Barter. 0:00:40.600 --> 0:00:42.840 What I see. 0:00:43.600 --> 0:00:47.080 Whether you find Marian Barter dead or alive, I honestly 0:00:47.120 --> 0:00:50.599 believe somebody has that key piece of information. 0:00:50.720 --> 0:00:54.760 And the relentless quest of a daughter to find her mum. 0:00:55.080 --> 0:00:59.480 Something had happened, Something has happened to make her leave. 0:01:01.040 --> 0:01:03.920 I am one hundred percent sure, one hundred percent sure 0:01:03.960 --> 0:01:05.120 that somebody knows something. 0:01:10.280 --> 0:01:19.360 The lady vanishes, Episode fifty seven, The Findings. I'm Alison Sandy. 0:01:19.800 --> 0:01:25.679 And I'm Brian Seymour. And here we are New South 0:01:25.680 --> 0:01:31.600 Wales Current's Court at Lidcombe Yep. 0:01:31.720 --> 0:01:32.000 Okay. 0:01:32.000 --> 0:01:34.319 I can see a bunch of people wearing green, a 0:01:34.319 --> 0:01:38.959 couple more arriving here, a couple of high fives. Yeah, 0:01:39.000 --> 0:01:40.880 there's going to be a good turnout today. What you'd 0:01:40.880 --> 0:01:43.319 expect lots of people watching online. 0:01:43.959 --> 0:01:44.319 Welcome. 0:01:45.200 --> 0:01:49.560 Ah, it's going to be like thirty five degrees celsius today, 0:01:49.640 --> 0:01:52.640 so maybe hotter out here. It's going to be a 0:01:52.760 --> 0:02:00.600 very hot one. Otherwise, very clear, beautiful day. Yeah, car 0:02:00.640 --> 0:02:05.680 park's about half full. It's still about just over half 0:02:05.680 --> 0:02:09.160 an hour to the coroner gives her long awaited findings. 0:02:10.120 --> 0:02:12.840 Oh yeah, yeah. The cafes crowded. There's a lot of 0:02:12.880 --> 0:02:16.000 people here just waiting for the doors to open. Okay, 0:02:16.160 --> 0:02:16.840 let's get in there. 0:02:21.440 --> 0:02:24.320 In the lead up to today, I contacted the office 0:02:24.320 --> 0:02:27.280 of the New South Wales Coroner requesting that we be 0:02:27.400 --> 0:02:31.240 granted access to the brief of evidence compiled by police 0:02:31.639 --> 0:02:35.200 and the video of the police interview with Rick Blum 0:02:35.520 --> 0:02:40.040 from September twenty twenty one. Here's the response I received. 0:02:41.639 --> 0:02:44.960 Her Honor declines the application as the suspected death of 0:02:45.040 --> 0:02:49.119 Marion Barter is an ongoing investigation, even though the coronial 0:02:49.160 --> 0:02:52.360 proceedings will conclude once findings are delivered on Thursday. 0:02:53.440 --> 0:02:57.280 We're not sure what that means. Is the coroner foreshadowing 0:02:57.320 --> 0:02:59.880 that she will be referring the matter to the DP 0:03:00.800 --> 0:03:04.639 or is she just suggesting that the police investigation will 0:03:04.919 --> 0:03:09.440 likely technically remain open even if she makes no particular 0:03:09.480 --> 0:03:14.600 finding about what happened to Marian. Remember, the police told 0:03:14.639 --> 0:03:17.359 us when we started five years ago that the case 0:03:17.480 --> 0:03:22.360 was still ongoing despite having suspended their investigation in twenty eleven. 0:03:22.840 --> 0:03:27.680 We're about to find out. 0:03:28.880 --> 0:03:32.320 Sally and Chris traveled to Sydney yesterday. Allison was on 0:03:32.360 --> 0:03:35.440 the same flight. We all meet outside the New South 0:03:35.480 --> 0:03:38.840 Wales Coroner's Court on this sunny morning, where a crowd 0:03:38.840 --> 0:03:42.800 of supporters, many wearing green memory of Marian is building 0:03:42.880 --> 0:03:44.600 in anticipation of the court opening. 0:03:44.760 --> 0:03:47.240 Yeah, I don't everything green in my cupboards? Are me? 0:03:48.880 --> 0:03:50.640 I'm kind of lucky, is I have a lot of green, 0:03:50.720 --> 0:03:52.520 so that was kind of a good thing for me. 0:03:54.040 --> 0:03:55.720 It's not too bad. And then I have a really 0:03:55.800 --> 0:03:57.640 nice green shop that I bought. 0:03:57.880 --> 0:04:02.240 Yeah, what we're missing today, that's why. And you followed 0:04:02.240 --> 0:04:03.360 from the beginning. 0:04:03.040 --> 0:04:06.480 Or from twenty maybe. 0:04:07.840 --> 0:04:09.520 It came out a little bit late, but yeah. 0:04:09.720 --> 0:04:11.440 Then a friend put me onto the. 0:04:11.400 --> 0:04:17.440 Podcast and had just been so invested in it since then. Incredible, Yeah, 0:04:17.480 --> 0:04:18.640 absolutely incredible. 0:04:18.800 --> 0:04:20.800 Well, look I'm missing sale, I said, Look, I'm going 0:04:20.839 --> 0:04:22.359 to come along. I might not get in the courtroom. 0:04:22.400 --> 0:04:24.640 I don't know how many would turn up, and she said, no, 0:04:24.760 --> 0:04:27.240 come definitely, come and come and sit with us. And 0:04:27.680 --> 0:04:29.400 so I'm glad that. I'm glad she's got a good 0:04:29.440 --> 0:04:29.960 turnout here. 0:04:30.080 --> 0:04:30.760 It's wonderful. 0:04:31.279 --> 0:04:33.679 She deserves She's done so well. 0:04:33.760 --> 0:04:35.880 She's She's like a dog with a bone, isn't she. 0:04:37.680 --> 0:04:42.039 Sally's Facebook site missing person marying Barter is flooded with 0:04:42.160 --> 0:04:45.920 images of people in green sending their best wishes from 0:04:45.960 --> 0:04:52.000 all around the world. Likewise, the lady vanishes social media online. 0:04:52.120 --> 0:04:54.520 More than two thousand people are waiting for the live 0:04:54.560 --> 0:04:58.479 stream to begin that will grow to more than fifteen 0:04:58.560 --> 0:05:03.200 thousand by the end the proceedings. The doors open at 0:05:03.279 --> 0:05:04.320 nine forty five. 0:05:07.080 --> 0:05:10.039 Due to the large crowd waiting to get inside, Allison 0:05:10.080 --> 0:05:12.719 stays in the media room while I take a seat 0:05:12.800 --> 0:05:16.159 at the end of a row inside. The large hexagonal 0:05:16.200 --> 0:05:20.440 courtroom quickly fills with supporters. The rest about thirty people 0:05:20.760 --> 0:05:23.680 go to a separate viewing room in the front row. 0:05:24.040 --> 0:05:28.000 Sally sits with Chris, her best friend Ray and Joni 0:05:28.760 --> 0:05:32.119 Counsel assisting Adam Casseleden is at the legal bench along 0:05:32.160 --> 0:05:35.760 with Sally's lawyer Brad Smith, and the legal representatives for 0:05:35.839 --> 0:05:39.599 New South Wales Police. Rick Bloom's lawyer, mister White, is 0:05:39.640 --> 0:05:44.400 appearing remotely, but the audio visual link meets with technical difficulties. 0:05:44.760 --> 0:05:46.960 We can hear his dog barking and that elicits a 0:05:46.960 --> 0:05:50.559 loud burst of laughter before mister White informs the court 0:05:50.920 --> 0:05:54.960 he's not in a proper condition to appear on video. 0:05:55.240 --> 0:05:59.880 There is no sign of Rick Bloom himself. Coroner Teresa 0:06:00.000 --> 0:06:04.520 so Sullivan enters the court. Everyone stands and bows. The 0:06:04.600 --> 0:06:08.719 lawyers announce themselves and the coroner begins. 0:06:09.360 --> 0:06:13.520 I'd especially like to acknowledge Marion's daughter, Sally Laden, Marian's 0:06:13.560 --> 0:06:17.240 son in law chris Leyden, and her grandchildren. My thoughts 0:06:17.360 --> 0:06:18.400 are with you today. 0:06:19.360 --> 0:06:22.200 Once again, we are using voice actors to represent the 0:06:22.240 --> 0:06:26.000 court's proceedings. Legally, we are not allowed to publish recordings. 0:06:26.320 --> 0:06:29.360 The coroner says her full findings are very long, so 0:06:29.400 --> 0:06:32.480 she'll only read a shorter summary and the complete findings 0:06:32.480 --> 0:06:34.919 will be available when she closes the inquest. 0:06:36.920 --> 0:06:41.520 First, she revisits the facts. Marion Barter was last sighted 0:06:41.560 --> 0:06:45.240 on June twenty second, nineteen ninety seven, by her friend 0:06:45.480 --> 0:06:49.520 Leslie Loveday, who dropped her at a gold Coast Bus Depot. 0:06:50.360 --> 0:06:53.680 Unbeknownst to her family, she had changed her name by 0:06:53.760 --> 0:06:58.960 d poll to Flora Bella Natalia Marion Ramkeel, and a 0:06:59.040 --> 0:07:03.200 passport was issued in that name on May twenty, nineteen 0:07:03.320 --> 0:07:08.160 ninety seven. The passport was recorded as departing Brisbane Airport 0:07:08.240 --> 0:07:12.800 on June twenty second and returning on August second, nineteen 0:07:12.920 --> 0:07:17.120 ninety seven. Marion's last recorded contact was a phone called 0:07:17.120 --> 0:07:20.360 A Sally on August the first, and she gave no 0:07:20.520 --> 0:07:24.800 indication she intended to return to Australia the following day. 0:07:25.960 --> 0:07:29.360 Sally made a missing person's report to Byron Bay Police 0:07:29.680 --> 0:07:34.160 on October twenty second, nineteen ninety seven, after receiving information 0:07:34.440 --> 0:07:37.800 that significant funds had been withdrawn from her mother's bank 0:07:37.800 --> 0:07:43.119 account in the preceding two months. Coroner O'Sullivan then makes 0:07:43.160 --> 0:07:45.720 clear the parameters in which she worked. 0:07:46.880 --> 0:07:50.080 It's important to explain that an inquest is not a 0:07:50.080 --> 0:07:54.080 criminal case. The witnesses and agencies involved in an inquest 0:07:54.200 --> 0:07:56.800 are not on trial. It is not the role of 0:07:56.840 --> 0:08:00.320 the coroner to attribute blame or to punish any one 0:08:00.320 --> 0:08:04.400 for Marion's disappearance. Further, I am not to make findings 0:08:04.480 --> 0:08:08.080 of civil liability and I have no power to award 0:08:08.160 --> 0:08:09.880 compensation or damages. 0:08:10.280 --> 0:08:12.080 Then the findings begin. 0:08:12.760 --> 0:08:16.120 I find that Marian, under the name of Florabella Natalia 0:08:16.200 --> 0:08:19.880 Marian Remichel, traveled overseas on the twenty second of June 0:08:20.000 --> 0:08:24.640 nineteen ninety seven. I find that, consistent with Sally's opinion, 0:08:24.720 --> 0:08:29.040 the handwriting on the outgoing passenger card was Marian's, except 0:08:29.080 --> 0:08:33.080 for the words Europe, Luxembourg and s Korea, which were 0:08:33.120 --> 0:08:37.120 not written by Marian. I find that Marian deliberately traveled 0:08:37.160 --> 0:08:40.560 overseas using her new name and took steps to ensure 0:08:40.559 --> 0:08:43.480 that no family or close friend was aware of the 0:08:43.600 --> 0:08:47.160 change of her identity. I find that Marian returned to 0:08:47.240 --> 0:08:51.800 Australia under the name of Florabella Natalia Marian Remichel on 0:08:51.880 --> 0:08:55.280 the second of August nineteen ninety seven, and took steps 0:08:55.280 --> 0:08:58.120 to ensure that no one was aware of her return 0:08:58.200 --> 0:09:02.440 to the country. That Marian did not leave Australia again 0:09:02.800 --> 0:09:05.480 after the second of August nineteen ninety seven. 0:09:08.000 --> 0:09:11.600 Council assisting had submitted that court should find Marian withdrew 0:09:11.720 --> 0:09:14.959 a series of sums of five hundred dollars in August 0:09:15.040 --> 0:09:18.920 nineteen ninety seven and attended the Byron Bay branch of 0:09:18.960 --> 0:09:22.559 the Colonial State Bank and facilitated a transfer of eighty 0:09:22.679 --> 0:09:29.000 thousand dollars on fifteen October nineteen ninety seven. This conflicts 0:09:29.000 --> 0:09:32.080 with Sally's recollection from her conversation with a staff member 0:09:32.120 --> 0:09:34.959 from the bank back in October nineteen ninety seven, the 0:09:35.080 --> 0:09:38.920 daily withdrawals of five thousand dollars were being made. However, 0:09:38.960 --> 0:09:41.800 it's understood the coroner made this finding based on the 0:09:41.880 --> 0:09:45.760 memo to the Salvation Army made by Marion's father, John Wilson, 0:09:46.160 --> 0:09:49.679 outlining a series of five hundred dollars withdrawals, as well 0:09:49.720 --> 0:09:53.079 as evidence provided by bank staff that the ATM limit 0:09:53.320 --> 0:09:58.840 was five hundred dollars. O'Sullivan finds that it was Marion 0:09:58.920 --> 0:10:01.640 herself who were ten ended the bank, and that she 0:10:01.760 --> 0:10:05.600 requested the transaction that day and told the bank teller 0:10:06.000 --> 0:10:08.480 that she did not want her whereabouts revealed. 0:10:08.920 --> 0:10:12.400 There is insufficient evidence, however, for me to be able 0:10:12.440 --> 0:10:14.880 to make a finding about her intentions. 0:10:15.360 --> 0:10:18.800 The Coroner makes a lot of findings in regards to Bloom, 0:10:19.000 --> 0:10:22.400 but the ones she reveals in court adjust the pertinent ones. 0:10:22.960 --> 0:10:26.360 I find that the primary motivation for mister Blum's name 0:10:26.480 --> 0:10:30.280 changes was in order to dishonorably represent himself to others, 0:10:30.559 --> 0:10:33.959 and that mister Blum's weak explanation and denials that this 0:10:34.040 --> 0:10:37.480 regard should be wholly rejected. On the tenth of December 0:10:37.600 --> 0:10:41.880 nineteen ninety four, mister Blum placed a personal advertisement in 0:10:42.040 --> 0:10:47.079 French in Licurier Australian under the name of M. F Remichel, 0:10:47.440 --> 0:10:50.640 with an address of lenox Head and a telephone number. 0:10:51.440 --> 0:10:55.200 I find that mister Blum could not satisfactorily explain why 0:10:55.200 --> 0:10:58.439 he opened and used the post office box at lenox 0:10:58.480 --> 0:11:01.360 Head when he had one in Battle, and that the 0:11:01.400 --> 0:11:04.680 only reasonable explanation for the listing of the post office 0:11:04.679 --> 0:11:07.360 box at lennox Head and the telephone number for Ballina 0:11:07.440 --> 0:11:11.480 Cooyn investments in the advertisements was in order for mister 0:11:11.559 --> 0:11:15.520 Blum to keep the advertisement and any response a secret 0:11:15.640 --> 0:11:17.120 from his wife and family. 0:11:17.600 --> 0:11:20.920 The coroner finds that Bloom's evidence in regards to how 0:11:20.960 --> 0:11:24.040 he met up with Marion in nineteen ninety seven is 0:11:24.160 --> 0:11:29.760 unsatisfactory and contradictory. Sally looks impassive and resolute as the 0:11:29.800 --> 0:11:33.280 findings are delivered. Her husband Chris and I frequently lock 0:11:33.360 --> 0:11:38.040 eyes smile and nod, as Sally is repeatedly vindicated by 0:11:38.080 --> 0:11:42.160 the coroner on many fronts, bringing long overdue recognition and 0:11:42.320 --> 0:11:46.920 praise for her perseverance. The findings about Rick Bloom come 0:11:47.000 --> 0:11:47.800 thick and fast. 0:11:48.240 --> 0:11:51.360 I find that there is a sufficient basis to find 0:11:51.400 --> 0:11:54.400 that mister Blum met with Marion on at least three 0:11:54.440 --> 0:11:58.600 occasions between February and May nineteen ninety seven, but mister 0:11:58.600 --> 0:12:02.120 Blum's evidence is too unreliable for any further or more 0:12:02.160 --> 0:12:06.319 particular findings with regard to the coincidence of Marion's change 0:12:06.320 --> 0:12:10.600 of name to Floribella Natalia Marion Remichel and mister Blum's 0:12:10.679 --> 0:12:14.240 use of the name Fernand Knuchelus Remachel, I find that 0:12:14.280 --> 0:12:19.200 Marian changed her name to Floribella Natalia Marion Remichel because 0:12:19.200 --> 0:12:21.880 she was in a relationship with mister Blum and sought 0:12:21.920 --> 0:12:23.120 to share a name with him. 0:12:23.600 --> 0:12:28.200 She also believes that Marion and Bloom traveled together in England. 0:12:28.960 --> 0:12:31.679 I find that, based on the close proximity of the 0:12:31.800 --> 0:12:35.199 dates of travel and mister Blum's admission he traveled to England, 0:12:35.640 --> 0:12:39.199 and the tendency and coincidental evidence relating to a number 0:12:39.240 --> 0:12:43.280 of other vulnerable women, that Marian and mister Blum traveled 0:12:43.320 --> 0:12:46.640 together in England as a couple in a relationship for 0:12:46.679 --> 0:12:49.599 at least some period of the time when Marion was 0:12:49.640 --> 0:12:52.640 in England in nineteen ninety seven, although. 0:12:52.320 --> 0:12:56.239 Where they traveled together, the Coroner could not definitively say. 0:12:56.480 --> 0:12:59.400 There is insufficient evidence for me to find that mister 0:12:59.480 --> 0:13:02.760 Blum actually traveled to Tunbridge Wells with Marion in June 0:13:02.800 --> 0:13:06.360 or July nineteen ninety seven. Whilst I have found that 0:13:06.400 --> 0:13:09.520 Marion and mister Blum traveled together in England for at 0:13:09.600 --> 0:13:12.920 least some period, there is insufficient evidence for me to 0:13:13.000 --> 0:13:16.840 find that mister Blum actually traveled to Rye Hastings and 0:13:17.000 --> 0:13:21.079 Alfriston with Marion in June or July nineteen ninety seven. 0:13:21.440 --> 0:13:25.520 The State Coroner also finds that the notepaper Marian used 0:13:25.640 --> 0:13:28.400 to write a letter to Sally between the twenty second 0:13:28.640 --> 0:13:32.520 and thirtieth of June nineteen ninety seven was taken by 0:13:32.600 --> 0:13:36.120 mister Bloom from the Nico Narita hotel in Japan. 0:13:36.679 --> 0:13:39.360 I find that mister Blum traveled to Japan at the 0:13:39.400 --> 0:13:43.719 relevant time and stayed at the hotel, obtained the notepaper 0:13:43.920 --> 0:13:46.520 and gave it to Marion in England and. 0:13:46.559 --> 0:13:49.720 The reason Luxembourg was written on Marion's passenger card. 0:13:50.000 --> 0:13:53.240 With regard to the coincidence of Marion's purported residence as 0:13:53.320 --> 0:13:57.920 Luxembourg and mister Blom's close association with Luxembourg, I find 0:13:57.920 --> 0:14:03.000 that mister Blum, representing himself Fernand Remichel, suggested to Marian 0:14:03.280 --> 0:14:06.040 that they start a new life together in Luxembourg. 0:14:06.600 --> 0:14:09.440 And as for any connection between Bloom and the large 0:14:09.480 --> 0:14:12.040 withdrawals from Marion's bank account. 0:14:11.720 --> 0:14:15.240 With regard to the coincidence of mister Blum's application for 0:14:15.280 --> 0:14:19.200 a safety deposit envelope in October nineteen ninety seven, a 0:14:19.320 --> 0:14:23.880 day before Marion transferred eighty thousand dollars from her account, 0:14:24.440 --> 0:14:28.520 I find that there is a sufficient factual basis to 0:14:28.560 --> 0:14:31.720 make a finding that Marian withdrew the sums of money 0:14:31.720 --> 0:14:36.440 from August nineteen ninety seven and transferred eighty thousand dollars 0:14:36.800 --> 0:14:41.120 to an unknown account in October nineteen ninety seven on 0:14:41.280 --> 0:14:45.520 the encouragement of mister Blum and in circumstances where Marion 0:14:45.600 --> 0:14:49.440 believed she was in a relationship with him. However, there 0:14:49.520 --> 0:14:52.960 is not enough evidence for finding to the requisite standard 0:14:53.360 --> 0:14:56.640 as to whether and when mister Bloom actually received some 0:14:57.120 --> 0:15:00.760 or all of Marion's money. With regard to the evidence 0:15:00.800 --> 0:15:04.000 of the use of Marion's money to start a school overseas, 0:15:04.040 --> 0:15:08.360 while certainly conceivable, such a finding is not supported by 0:15:08.360 --> 0:15:12.240 the evidence. With regard to the evidence of mister Blum's 0:15:12.280 --> 0:15:16.800 dishonest relationships with vulnerable women, I find that the evidence 0:15:16.800 --> 0:15:21.840 of Jeanette Gafney Bowen, Janet Oldenburg, Guilaine Dubois, Dan Lois, 0:15:22.440 --> 0:15:28.480 Andrea Flumm and demonstrates a tendency on the part of 0:15:28.560 --> 0:15:32.840 mister Blum to misrepresent himself to single vulnerable women for 0:15:32.960 --> 0:15:37.040 financial gain. And Further, I find that mister Blum had 0:15:37.040 --> 0:15:42.440 a tendency to exploit vulnerable women. I also find that 0:15:42.520 --> 0:15:47.080 mister Blum exploited Marion in nineteen ninety seven in the 0:15:47.120 --> 0:15:50.000 manner in which he later exploited other women who gave 0:15:50.080 --> 0:15:54.520 evidence in these proceedings. I make this finding despite mister 0:15:54.560 --> 0:15:58.840 Blum's denials in this regard, and notwithstanding that the women 0:15:59.000 --> 0:16:03.800 involved in his later relationships remained alive and well. I 0:16:03.840 --> 0:16:07.320 find that mister Bloom entered into a relationship with Marion 0:16:07.440 --> 0:16:11.760 in nineteen ninety seven, and encouraged her to start a 0:16:11.800 --> 0:16:16.400 new life with him. To this end, Marian changed her name, 0:16:16.880 --> 0:16:20.280 spent some time with mister Blom in England, and on 0:16:20.360 --> 0:16:24.560 return to Australia, represented herself as married to mister Bloom 0:16:25.080 --> 0:16:28.360 and demonstrated an intention to start a new life in 0:16:28.440 --> 0:16:32.320 Luxembourg with him. Mister Blom traveled to England to spend 0:16:32.360 --> 0:16:35.680 time with Marion when he clearly did not intend to 0:16:35.720 --> 0:16:39.320 pursue the relationship because he was married with children and 0:16:39.400 --> 0:16:41.880 lived in Wollongbach in New South Wales. 0:16:42.200 --> 0:16:45.760 Corone O'Sullivan notes that she's made written findings in regards 0:16:45.760 --> 0:16:50.200 to the evidence of Jeanette Gaffney Bowen, Janet Oldenburg, Gulaine 0:16:50.240 --> 0:16:54.120 Duins de Lois, Andre Flammay, and the woman we've always 0:16:54.160 --> 0:16:57.440 referred to as Charlotte. She does not read those findings 0:16:57.480 --> 0:17:00.480 out in court, but does say she accepts the evidence 0:17:00.520 --> 0:17:04.240 of all four women, before then returning her attention back 0:17:04.280 --> 0:17:04.800 to Bloom. 0:17:05.160 --> 0:17:09.240 Mister Blum's evidence is of great importance in these proceedings. 0:17:09.840 --> 0:17:13.280 It is necessary for the court to assess his credibility. 0:17:14.160 --> 0:17:18.560 In short, I do not accept as accurate anything that 0:17:18.720 --> 0:17:21.960 mister Blum has said in evidence. In the absence of 0:17:22.080 --> 0:17:26.879 independent corroborating evidence, I find that mister Blum, whilst in 0:17:26.920 --> 0:17:31.719 an intimate relationship with Marion, persuaded or otherwise encouraged her 0:17:31.840 --> 0:17:35.720 to sell her house in nineteen ninety seven. The evidence 0:17:35.800 --> 0:17:39.000 is not sufficient to prove that mister Blum played any 0:17:39.119 --> 0:17:42.600 causative role in Marian's decision to resign from her employment. 0:17:43.680 --> 0:17:46.000 With regard to the role of mister Blum and the 0:17:46.080 --> 0:17:49.920 storage of Marion's tea chests at his house, I find 0:17:49.960 --> 0:17:53.639 that there is a sufficient factual basis for me to 0:17:53.760 --> 0:17:57.320 make a finding that Marian agreed with a proposal by 0:17:57.359 --> 0:18:00.679 mister Blum for him to take possession of some of 0:18:00.720 --> 0:18:04.399 her belongings before she traveled to Europe. I make this 0:18:04.600 --> 0:18:07.919 finding based on the stark similarities with the evidence of 0:18:08.000 --> 0:18:11.760 Miss Dubois dan Lois that in two thousand and six 0:18:12.160 --> 0:18:16.359 mister Blum suggested and facilitated the packing and purported shipping 0:18:16.440 --> 0:18:20.879 of trunks of her possessions to Australia. However, I find 0:18:20.880 --> 0:18:23.680 mister Blum's account of the storage of three or four 0:18:23.720 --> 0:18:26.720 tea chests and the existence of an unknown man in 0:18:26.840 --> 0:18:30.840 uniform who was planning to travel with Marion is implausible 0:18:31.400 --> 0:18:34.359 with regard to whether mister Blum played any role in 0:18:34.440 --> 0:18:38.720 Marion's life after she returned to Australia. There is a 0:18:38.760 --> 0:18:42.240 sufficient basis for me to make a finding that mister 0:18:42.320 --> 0:18:47.040 Blum was in communication with Marion and played some role 0:18:47.160 --> 0:18:51.120 in her life following her return to Australia in August 0:18:51.280 --> 0:18:55.720 nineteen ninety seven. Mister Blum's evidence in the final days 0:18:55.720 --> 0:18:59.000 of the inquest, when asked by counsel assisting, would you 0:18:59.119 --> 0:19:02.200 like to say anything further in relation to the disappearance 0:19:02.240 --> 0:19:05.080 of Marion Barter, was extraordinary. 0:19:07.400 --> 0:19:09.800 You might recall, on the eve of the last day 0:19:09.800 --> 0:19:14.359 of giving evidence, mister Blum suddenly volunteered a conversation he 0:19:14.440 --> 0:19:17.200 claims he had with Marion the last time he saw 0:19:17.240 --> 0:19:21.080 her before she traveled overseas. He said she told him 0:19:21.119 --> 0:19:23.760 she no longer wanted anything to do with her family 0:19:23.960 --> 0:19:25.800 and was cutting off all contact. 0:19:27.400 --> 0:19:30.479 It was the first time he had made that claim. 0:19:31.040 --> 0:19:34.679 He never once told it to police, lawyers or the 0:19:34.760 --> 0:19:38.880 coroner in the previous two years. It was a stunning 0:19:38.960 --> 0:19:42.359 turn of events and one that clearly impacted heavily on 0:19:42.480 --> 0:19:43.959 Coroner Teresa O'Sullivan. 0:19:44.880 --> 0:19:48.320 This evidence, along with his lies and deception throughout the 0:19:48.400 --> 0:19:52.680 inquest has convinced me that he does indeed no more 0:19:52.720 --> 0:19:56.560 than he is saying. I make the following further findings 0:19:56.600 --> 0:20:01.160 regarding mister Bloom. Firstly, that he has further knowledge about 0:20:01.160 --> 0:20:06.520 the circumstances of Marian's travel overseas. Secondly, that he has 0:20:06.800 --> 0:20:09.600 further knowledge of his relationship with her in the months 0:20:09.640 --> 0:20:14.280 prior to her disappearance. Thirdly, he has further knowledge of 0:20:14.320 --> 0:20:19.720 her circumstances following her return from overseas. Fourthly, that he 0:20:19.840 --> 0:20:23.720 has further knowledge of the withdrawals and transfer of her money. 0:20:24.560 --> 0:20:28.000 And Finally, that there is a sufficient basis for a 0:20:28.080 --> 0:20:33.040 finding that he was and is deliberately unwilling to divulge 0:20:33.080 --> 0:20:34.720 this further knowledge to the court. 0:20:35.520 --> 0:20:39.360 Teresa O'Sullivan then focuses on New South Wales Police. 0:20:39.920 --> 0:20:43.400 Having considered all the evidence tended in the submissions made, 0:20:43.720 --> 0:20:46.520 I find that the nature and adequacy of the police 0:20:46.560 --> 0:20:50.000 investigation into the disappearance of Marian by New South Wales 0:20:50.040 --> 0:20:54.119 Police between her disappearance in nineteen ninety seven up until 0:20:54.240 --> 0:20:58.639 twenty nineteen was not adequate. It is clear from the 0:20:58.680 --> 0:21:01.679 evidence that following the initial report made by Sally to 0:21:01.720 --> 0:21:04.600 Byron Bay Police Station on the twenty second of October 0:21:04.680 --> 0:21:09.000 nineteen ninety seven, that very little was done to investigate 0:21:09.040 --> 0:21:13.639 Marion's whereabouts until approximately ten years later in two thousand 0:21:13.720 --> 0:21:17.639 and seven. I find that the police investigation into the 0:21:17.680 --> 0:21:21.080 disappearance of Marian by New South Wales Police from the 0:21:21.160 --> 0:21:24.640 report on the twenty second of October nineteen ninety seven 0:21:24.960 --> 0:21:28.399 up until two thousand and seven was not conducted in 0:21:28.440 --> 0:21:32.159 an appropriate and timely manner and not consistent with the 0:21:32.240 --> 0:21:35.920 relevant policy enforced within New South Wales Police at the time. 0:21:36.800 --> 0:21:40.560 I find that Detective Senior Constable Schian should not have 0:21:40.680 --> 0:21:43.120 reclassified Marian as located. 0:21:43.440 --> 0:21:51.200 In twenty eleven, the coroner lists specific findings in regards 0:21:51.200 --> 0:21:55.399 to the police investigation, including six of the eleven proposed 0:21:55.480 --> 0:21:59.919 by Sally Leyden and her legal team. One that seeing it, 0:22:00.080 --> 0:22:04.200 Constable Graham Child's should not have classified Sally's report made 0:22:04.280 --> 0:22:07.280 on the twenty second of October nineteen ninety seven of 0:22:07.320 --> 0:22:12.280 her mother being missing as an occurrence only event. Two 0:22:12.560 --> 0:22:15.520 that Graham Childs was unaware of the definition of a 0:22:15.560 --> 0:22:20.119 missing person in Commissioner's instruction, and that he classified the 0:22:20.160 --> 0:22:24.080 report as an occurrence only based on his own subjective 0:22:24.200 --> 0:22:29.280 view of the sense of urgency. Three that it was 0:22:29.400 --> 0:22:35.280 unsatisfactory and inappropriate for Graham Child's not to have reclassified 0:22:35.280 --> 0:22:41.160 the event from an occurrence only to an active investigation. 0:22:41.200 --> 0:22:44.160 Four that as a result of failures at the first 0:22:44.200 --> 0:22:48.800 reporting of Marion Barter's disappearance, her case was not investigated 0:22:48.960 --> 0:22:53.200 for almost ten years until two thousand and seven, and 0:22:53.320 --> 0:22:59.720 that led to the unavailability of crucial evidence. Five That 0:23:00.080 --> 0:23:02.960 Maryon Barter was listed as a missing person for the 0:23:03.000 --> 0:23:06.600 first time on the sixth of July two thousand seven 0:23:06.840 --> 0:23:10.000 by Senior Constable joe Anne Williams as a result of 0:23:10.080 --> 0:23:14.600 being contacted by Rebecca Cotts of the Australian Federal Police 0:23:14.680 --> 0:23:20.840 Missing Persons Unit. Six That Detective Senior Constable Gary Shehan's 0:23:20.840 --> 0:23:24.960 decision to recommend that Maryon Barter be removed from the 0:23:24.960 --> 0:23:28.600 missing person's register on the twenty second of September two 0:23:28.680 --> 0:23:33.640 thousand eleven was incorrect and Marion should not have been 0:23:33.640 --> 0:23:37.000 classified as located in two thousand and eleven. 0:23:40.760 --> 0:23:44.120 The coroner agrees that there should be no suggestion that 0:23:44.200 --> 0:23:48.160 Sally in any way delayed the investigation by New South 0:23:48.160 --> 0:23:51.080 Wales Police or behaved in a manner that can be 0:23:51.200 --> 0:23:55.760 described as anything other than understandable and consistent with a 0:23:55.880 --> 0:24:00.160 daughter very confused and anxious at finding out about out 0:24:00.160 --> 0:24:05.080 her mother's circumstances. Teresa O'Sullivan also notes that the resistance 0:24:05.119 --> 0:24:08.800 in this inquest by New South Wales Police to accept 0:24:08.880 --> 0:24:14.000 the inadequacies of the initial police investigation is difficult to understand, 0:24:14.680 --> 0:24:18.720 especially given the very clear evidence of Detective Chief Inspector 0:24:18.760 --> 0:24:24.960 Brown about what should have happened in nineteen ninety seven. Finally, 0:24:25.359 --> 0:24:29.679 the formal findings, what does the coroner believe happened to 0:24:29.800 --> 0:24:30.560 Marian Barter? 0:24:34.000 --> 0:24:37.600 As a result of having considered all of the documentary evidence, 0:24:38.040 --> 0:24:42.439 the oral evidence given at the inquest and submissions, I find, 0:24:42.520 --> 0:24:47.240 on the balance of probabilities that Florabella Natalia Marian Remichel, 0:24:47.960 --> 0:24:52.960 formerly known as Marion Barter, is deceased. While I am 0:24:53.040 --> 0:24:56.640 unable to determine the exact date of death, I find 0:24:56.640 --> 0:24:58.960 that Marian is likely to have died on a date 0:24:59.200 --> 0:25:04.360 after the fifteenth of October nineteen ninety seven. I'm unable 0:25:04.400 --> 0:25:07.960 to determine the place of Marian's death. I'm unable to 0:25:08.000 --> 0:25:12.320 determine the cause of Marion's death. I'm unable to determine 0:25:12.480 --> 0:25:16.920 the manner of Marian's death. Marian's remains have not been 0:25:16.960 --> 0:25:20.639 found and the available evidence does not allow me to 0:25:20.680 --> 0:25:23.919 make findings as to the possible cause and manner of 0:25:23.960 --> 0:25:32.360 Marian's death. However, the circumstances surrounding Marian's disappearance are troubling. Accordingly, 0:25:32.840 --> 0:25:36.320 I make the following recommendation to the new South Wales 0:25:36.400 --> 0:25:40.919 Commissioner of Police. I recommend that the new South Wales 0:25:40.960 --> 0:25:44.720 Commissioner of Police calls the investigation into the death of 0:25:44.800 --> 0:25:50.480 missing person Floribella Natalia Marion Remicel, formerly known as Marion Barter, 0:25:51.080 --> 0:25:54.159 to be referred or to remain within the State Crime 0:25:54.200 --> 0:26:01.159 Command Unsolved Homicide Team for ongoing investigation, review and monitoring. 0:26:02.400 --> 0:26:05.480 The family submitted that the court should formerly refer mister 0:26:05.520 --> 0:26:09.120