WEBVTT - The Eye Witness 0:00:02.680 --> 0:00:06.080 Just before nine o'clock last night, the jury returns guilty 0:00:06.160 --> 0:00:10.080 verdicts against all three defendants. It was absolutely shambles, to 0:00:10.119 --> 0:00:12.680 tell you the truth, just absolutely really color blood on 0:00:12.720 --> 0:00:15.080 his clothing the day after the alleged a top. 0:00:14.920 --> 0:00:17.520 On a shallow mud bank and it fits Roy River. Basically, 0:00:17.560 --> 0:00:19.200 I think most of the people are used to me. 0:00:19.280 --> 0:00:20.600 Where are good people? 0:00:20.640 --> 0:00:23.280 I think a really important question we need to ask 0:00:23.480 --> 0:00:26.360 is how many Indigenous prisoners in Australia are innocent. 0:00:27.280 --> 0:00:29.880 This is Curtain, a podcast where we pull back the 0:00:29.920 --> 0:00:32.440 blinds to shine a light on the darkest parts of 0:00:32.479 --> 0:00:36.240 our justice system and ask who are the victims. I'm 0:00:36.240 --> 0:00:38.600 Amy Maguire and. 0:00:38.479 --> 0:00:42.120 I'm Martin Hodgson, a senior advocate for the Foreign Prisoner 0:00:42.120 --> 0:00:46.480 Support Service. And a warning. This series contains the names 0:00:46.520 --> 0:00:50.839 of deceased peoples and has distressing content that might upset 0:00:50.960 --> 0:00:51.680 some listeners. 0:00:52.840 --> 0:00:57.360 This week a special warning This episode will contain distressing 0:00:57.440 --> 0:01:03.160 content and maybe particularly upsetting for those who know the 0:01:03.280 --> 0:01:07.959 case and are familiar with what happened back twenty five 0:01:08.040 --> 0:01:08.520 years ago. 0:01:10.640 --> 0:01:13.800 Now. Earlier last week we were planning on telling you 0:01:13.840 --> 0:01:18.240 more about Kevin Henry's parole and the Independent expert report 0:01:18.280 --> 0:01:21.160 we have received which shows the forensic analysis in this 0:01:21.319 --> 0:01:25.440 case was overly simplistic. But before we turned off the 0:01:25.480 --> 0:01:27.840 recorder last week, this happened. 0:01:29.480 --> 0:01:34.039 Sorry to cut you off before we go. I have 0:01:34.280 --> 0:01:40.120 just got a message and it's gotten attachment what and 0:01:40.360 --> 0:01:42.479 it's oh man, we've got them. 0:01:42.720 --> 0:01:43.440 What does it say? 0:01:44.720 --> 0:01:47.200 Amy? As soon as we go off air, I'll tell 0:01:47.240 --> 0:01:50.840 you what I've received, and listeners next week you will 0:01:50.880 --> 0:01:55.360 hear what I've just received in an email and it's explosive. 0:01:56.680 --> 0:01:59.040 Now, when we went off air and Martin told me 0:01:59.080 --> 0:02:02.440 the details of that, I knew he was an exaggerating. 0:02:03.160 --> 0:02:04.320 This was explosive. 0:02:05.920 --> 0:02:08.880 But first we need to provide you with a bit 0:02:08.919 --> 0:02:13.360 of background. Late last year, I became aware of a 0:02:13.400 --> 0:02:18.120 piece of evidence that could prove absolutely essential to Kevin 0:02:18.160 --> 0:02:23.359 Henry's case. I've spent months searching for that piece of evidence. 0:02:24.919 --> 0:02:28.360 The evidence had come to light more than a decade ago. 0:02:28.880 --> 0:02:31.960 But despite it being sent to a number of different people, 0:02:33.160 --> 0:02:36.480 those who are actually funded to help prisoners like Kevin, 0:02:37.040 --> 0:02:41.519 it had been buried. In some cases, it had been destroyed. 0:02:42.919 --> 0:02:46.360 And what does this piece of evidence refer to? Well, 0:02:46.480 --> 0:02:49.200 it's the question that many people have asked ever since 0:02:49.200 --> 0:02:52.280 we began telling you the details of this case, back 0:02:52.320 --> 0:02:55.840 from the very first episode, remember when we started by 0:02:55.840 --> 0:02:57.080 telling you about the tides. 0:02:57.720 --> 0:03:01.240 An analysis of historic tide record woods from that night, 0:03:02.040 --> 0:03:04.760 as well as a long one hundred and fifty meter 0:03:04.880 --> 0:03:09.240 line in the mud parallel to the river bank, means 0:03:09.240 --> 0:03:12.440 we can be very certain that Linda, the beautiful mother 0:03:12.520 --> 0:03:17.000 of four who tragically lost her life, had been placed 0:03:17.600 --> 0:03:22.160 in the river on the racecourse side that is opposite 0:03:22.320 --> 0:03:26.600 to the Tanuba House side where police say Kevin Henry 0:03:26.880 --> 0:03:28.040 had placed her body. 0:03:29.040 --> 0:03:31.079 Now, if you've ever been to rock Hamden, I'll tell 0:03:31.120 --> 0:03:32.959 you what Kevin would have had to do to make 0:03:32.960 --> 0:03:36.760 this story applausebore. Sometime in the fifteen minute window, when 0:03:36.760 --> 0:03:38.920 he was alone, he would have had to have found 0:03:38.920 --> 0:03:41.800 a car, would have had to place Linda in it 0:03:41.960 --> 0:03:44.600 at a time when no mode at Tanuba House could 0:03:44.600 --> 0:03:47.240 have seen him. He would have had to have driven 0:03:47.280 --> 0:03:50.200 through the main center of rock Hampden and over one 0:03:50.240 --> 0:03:53.400 of the town's two bridges. We have the old and 0:03:53.440 --> 0:03:56.280 the new bridge, to the opposite side of the river 0:03:56.640 --> 0:04:00.160 where there's a racecourse, and then up further soccer and 0:04:00.200 --> 0:04:01.600 touch football fields. 0:04:02.280 --> 0:04:06.160 Now, when we launched our first episode, we told you 0:04:06.240 --> 0:04:10.920 all of this, and immediately you began to ask questions. 0:04:11.600 --> 0:04:15.280 The main question is if Kevin didn't do it, who 0:04:15.320 --> 0:04:19.800 did and how did they do it? Did they do 0:04:19.839 --> 0:04:22.359 it by boat or did they have a car. 0:04:23.839 --> 0:04:28.960 This evidence helps answer that question. It provides another story 0:04:29.000 --> 0:04:32.080 about what happened that night from a young woman who 0:04:32.160 --> 0:04:34.960 was there and who came forward to give her statement 0:04:35.040 --> 0:04:38.440 more than a decade ago. She has since passed away, 0:04:39.120 --> 0:04:42.520 but we will protect her identity. Today we will refer 0:04:42.640 --> 0:04:44.280 to her as Witness X. 0:04:45.839 --> 0:04:49.080 Now. Witness X is an Aboriginal woman who was a 0:04:49.120 --> 0:04:54.520 teenager the night of Linda's murder. After Linda was found, 0:04:55.560 --> 0:04:59.839 she says she was intimidated by two men who threatened 0:04:59.839 --> 0:05:04.640 her her and told her to leave town. Out of 0:05:04.720 --> 0:05:07.760 fear for her safety and the safety of her family, 0:05:08.200 --> 0:05:14.159 she left Rockhampton, but roughly ten years ago she decided 0:05:14.160 --> 0:05:18.359 to come forward. She gave a detailed statement about what 0:05:18.520 --> 0:05:23.120 happened that night to a lawyer. The statement tells us 0:05:23.240 --> 0:05:25.240 what really happened that night. 0:05:26.640 --> 0:05:29.479 Now, for legal reasons, we can't give you all of 0:05:29.520 --> 0:05:32.400 the details of her statement, but we can read out 0:05:32.400 --> 0:05:35.279 on air what this witness told a rock Hampden lawyer 0:05:35.480 --> 0:05:39.719 about what happened after Linda was assaulted. Now, Martin is 0:05:39.760 --> 0:05:42.240 going to read the statement to you, and he's going 0:05:42.279 --> 0:05:45.200 to pick up from the point. Witness X walks back 0:05:45.240 --> 0:05:48.839 down to Tanuba House after the assault has taken place. 0:05:51.320 --> 0:05:56.800 Now this is Witness X. I walked down the stairs 0:05:56.880 --> 0:06:01.159 slow because it was dark, not much lighter round Tanuba House. 0:06:02.200 --> 0:06:06.240 I found a door and walked in kicked something on 0:06:06.279 --> 0:06:11.000 the floor. I could not see what it was. This 0:06:11.080 --> 0:06:13.919 thing on the ground was a person, I realized with 0:06:13.960 --> 0:06:17.120 a fright because the person grabbed me on the leg. 0:06:18.200 --> 0:06:21.599 I bent down to see who grabbed my leg, and 0:06:21.640 --> 0:06:24.400 all I could see was the eyes that rolled back. 0:06:26.520 --> 0:06:30.560 I then asked the person if he she was all right, 0:06:31.600 --> 0:06:36.120 and this person tried to talk, but I couldn't hear properly. 0:06:37.320 --> 0:06:41.159 I then immediately walked into the next room, where I 0:06:41.240 --> 0:06:44.360 saw the same crowd that was up at the Crown 0:06:44.720 --> 0:06:45.320 in the room. 0:06:46.760 --> 0:06:50.120 Now, for legal reasons, we can't name everyone that the 0:06:50.240 --> 0:06:53.680 Witness X mentions next, but we can say they include 0:06:53.960 --> 0:06:57.040 all of the three women who were convicted over the assault, 0:06:57.440 --> 0:06:58.880 and also Kevin. 0:06:58.600 --> 0:07:05.520 Henry Curtin, Kevin Henry was asleep on a mattress. I 0:07:05.560 --> 0:07:07.960 asked them if that person in the other room was 0:07:08.080 --> 0:07:12.960 taking a fit. Someone said that she was okay, she'd 0:07:13.000 --> 0:07:16.000 come out of it soon. She does that all the time. 0:07:17.560 --> 0:07:19.600 I asked them if someone was going to ring the 0:07:19.640 --> 0:07:23.280 ambulance or police. No one answered me. 0:07:24.920 --> 0:07:28.440 Now another note, we have to conceal yet another identity. 0:07:28.960 --> 0:07:32.520 We will call her Witness Why. 0:07:33.840 --> 0:07:37.840 I then asked Witness Why for a smoke and asked 0:07:37.840 --> 0:07:41.200 which way to go out. They told me to leave 0:07:41.240 --> 0:07:44.840 through another door. I did and that led me up 0:07:44.880 --> 0:07:49.320 towards a big tree. I then ran into C H 0:07:49.680 --> 0:07:53.640 who was walking towards tenuber house. He asked me where 0:07:53.680 --> 0:08:00.160 Curtain was and I said, he's down there asleep. Just 0:08:00.240 --> 0:08:03.920 kept walking as fast as I could away from that house. 0:08:04.920 --> 0:08:09.680 When a green car came alongside of me, Witness Why 0:08:09.880 --> 0:08:12.760 sang out from the back seat and asked if I 0:08:12.840 --> 0:08:17.520 wanted to go for a ride. I said, where are 0:08:17.520 --> 0:08:23.040 you going? Witness Why said to the other side of 0:08:23.080 --> 0:08:28.160 the river to dump rubbish. I was going to jump 0:08:28.200 --> 0:08:33.800 into the back seat with her, but c jumped out 0:08:33.800 --> 0:08:35.920 of the front and told me to sit in the 0:08:35.920 --> 0:08:39.480 front so he could sit in the back. With Witness why. 0:08:41.480 --> 0:08:46.160 The man driving was Willy West, who then drove over 0:08:46.200 --> 0:08:51.080 the bridge. Then I remember under a bridge. When we 0:08:51.160 --> 0:08:54.840 pulled up, Willie reversed back and there was a very 0:08:54.880 --> 0:09:00.120 bright light in front of us. C and Willie got 0:09:00.200 --> 0:09:03.640 out of the car to dump the rubbish. I asked 0:09:03.679 --> 0:09:07.200 if they wanted any help. Witness why, I tapped me 0:09:07.240 --> 0:09:10.400 on the shoulder and said, let the brothers do it. 0:09:11.360 --> 0:09:14.840 As we were waiting, I asked Witness why where the 0:09:14.840 --> 0:09:18.760 bright light was coming from. She said from the touch 0:09:18.760 --> 0:09:23.800 football grounds. Witness Why. I kept talking about different things, 0:09:24.360 --> 0:09:28.280 but I could hear water behind us. It took a 0:09:28.320 --> 0:09:31.200 fair while for See and Willie to get back into 0:09:31.240 --> 0:09:35.959 the car. When we left, they dropped me off at 0:09:36.000 --> 0:09:40.000 the road thunder and no one was there. A couple 0:09:40.000 --> 0:09:44.000 of days later, C and Willie West came to my 0:09:44.120 --> 0:09:47.360 house in Warabinda and they told me to keep my 0:09:47.520 --> 0:09:50.719 mouth shut because if I tell anyone, they're going to 0:09:50.800 --> 0:09:53.800 rape me and kill me the same way as the 0:09:53.880 --> 0:09:58.320 other woman. I moved away soon after this because I 0:09:58.360 --> 0:10:00.960 was afraid of what would happen to me and my kids. 0:10:02.800 --> 0:10:04.400 Martin, is that how the statement ends? 0:10:05.160 --> 0:10:08.720 Yes, so that's the way the witness's statement ends, and 0:10:08.760 --> 0:10:11.520 then at the bottom I will read for our listeners 0:10:12.400 --> 0:10:15.920 how an official statement that was taken then in Queensland 0:10:15.960 --> 0:10:22.640 finishes Justices Act eighteen eighty six. I acknowledge, by virtue 0:10:22.679 --> 0:10:26.840 of section one hundred and ten A five c two 0:10:27.880 --> 0:10:33.080 of the Justices Act eighteen eighty six that one, this 0:10:33.160 --> 0:10:37.120 written statement by me, dated the thirtieth of the ninth, 0:10:37.280 --> 0:10:41.840 two thousand and two, and contained in the pages numbered, 0:10:42.600 --> 0:10:45.200 is true to the best of my knowledge and belief. 0:10:45.920 --> 0:10:49.360 And I make this statement knowing that if it were 0:10:49.480 --> 0:10:53.800 admitted as evidence, I may be liable to prosecution for 0:10:53.920 --> 0:10:58.720 stating in it anything I know is false. This was 0:10:58.840 --> 0:11:06.839 signed by the witness, signed in Rockhampton on the thirtieth 0:11:06.920 --> 0:11:10.880 of September two thousand and two, and signed by the 0:11:10.920 --> 0:11:14.040 barrister who took and witnessed the statement. 0:11:15.320 --> 0:11:17.720 So, Martin, there's quite a lot in that statement, and 0:11:17.800 --> 0:11:21.480 it was taken down a considerable time amount of time 0:11:21.679 --> 0:11:25.200 after the crime actually took place. How can we be 0:11:25.280 --> 0:11:28.640 certain that Witness X is a reliable witness? 0:11:29.760 --> 0:11:32.720 Okay, So, based on what we've just heard, some of 0:11:32.760 --> 0:11:36.400 our listeners may be a little bit confused because we 0:11:36.520 --> 0:11:41.400 did have to conceal some identities. But the statement is 0:11:41.440 --> 0:11:44.520 from someone who we will continue to refer to as 0:11:44.720 --> 0:11:49.320 Witness X, and the important part of their statement is 0:11:49.400 --> 0:11:53.600 that while some people saw little bits and pieces of 0:11:53.640 --> 0:11:57.520 what happened that night, some were witnesses to the assault. 0:11:58.240 --> 0:12:02.679 Some people saw Kevin Henny throughout the night in different places. 0:12:03.360 --> 0:12:07.320 Other people saw and could place other people that were 0:12:07.679 --> 0:12:12.160 there that night at certain times at perhaps t Enuba 0:12:12.880 --> 0:12:17.400 or the Crown Hotel. This witness was able to see 0:12:18.160 --> 0:12:22.840 absolutely everything from start to finish. And when I say everything, 0:12:22.840 --> 0:12:27.960 I mean all the crucial incidents. So this witness was 0:12:28.000 --> 0:12:34.320 able to see what happened to Linda, as in when 0:12:34.360 --> 0:12:38.880 she was still alive. This witness was able to see 0:12:39.920 --> 0:12:43.839 what happened to Linda as best as possible, as you 0:12:44.000 --> 0:12:48.560 heard at the very end. And really this witness is 0:12:48.720 --> 0:12:53.600 quite unique in that circumstance. Now, how can we be 0:12:53.679 --> 0:12:58.280 know they're telling the truth. Well, this witness gave this statement, 0:12:58.320 --> 0:13:01.199 as you said, quite some time after the event and 0:13:01.360 --> 0:13:07.400 quite some time ago. All the evidence they gave is 0:13:07.440 --> 0:13:12.800 either corroborated by other witnesses, is corroborated by the forensic evidence, 0:13:13.480 --> 0:13:19.600 or is corroborated by our own investigation. It's also important 0:13:19.600 --> 0:13:23.880 to know this witness had no involvement whatsoever in what 0:13:24.040 --> 0:13:27.200 happened that night, and it was never alleged that they did, 0:13:28.240 --> 0:13:31.880 and that this witness had absolutely no need or reason 0:13:32.160 --> 0:13:36.960 to lie. This person came forward because they wanted the 0:13:37.040 --> 0:13:40.760 truth to be known. And basically the two things they 0:13:40.800 --> 0:13:44.520 wanted to be known is they knew where Kevin Henry 0:13:44.720 --> 0:13:49.360 was that night, and they knew who put the body 0:13:49.400 --> 0:13:52.680 in the river, Linda's body, and it was not, as 0:13:52.720 --> 0:13:56.920 you heard, Kevin Henry on the Tanuba House side of 0:13:56.960 --> 0:14:01.160 the river. It was other individuals on the racecourse side 0:14:01.160 --> 0:14:04.120 of the river who did have access to a car. 0:14:05.520 --> 0:14:08.160 Now, this is a completely different version of events we're 0:14:08.200 --> 0:14:13.160 hearing from what the police actually alleged happened. But does 0:14:13.240 --> 0:14:16.680 Witness x's version of events fit with the logistics of 0:14:16.720 --> 0:14:20.160 where Linda's body was found and the timing of what 0:14:20.320 --> 0:14:22.400 was happening that night at Tanuba. 0:14:22.080 --> 0:14:26.240 House, Yes, it does. I think one thing that everybody 0:14:26.320 --> 0:14:29.320 who's looked at the case over the years, and there's 0:14:29.360 --> 0:14:32.240 been quite a number of lawyers who have looked at it, 0:14:32.280 --> 0:14:36.880 is the timeline and the logistics just don't match up. 0:14:37.480 --> 0:14:41.640 There's no sense to be made and it can't be proven, 0:14:41.880 --> 0:14:46.840 and never was that Kevin Henry had access to a car, 0:14:47.360 --> 0:14:51.360 had time to find a car, was able to place 0:14:51.400 --> 0:14:54.480 a body either on the other side of the river, 0:14:54.840 --> 0:14:58.520 which is what the forensic information would show, or on 0:14:58.600 --> 0:15:01.640 the Tanuba House side of the river, which would have 0:15:01.720 --> 0:15:05.200 required him to get completely wet and covered in mud 0:15:05.920 --> 0:15:11.000 and have the blood all over his body. So this 0:15:11.120 --> 0:15:15.080 witness and what they say fits with the much more 0:15:15.200 --> 0:15:21.520 reasonable logical scenario and the scenario that is backed up 0:15:21.560 --> 0:15:26.960 by the forensic evidence, which is that the people needed 0:15:27.000 --> 0:15:30.160 a car, and she gives us that those people had 0:15:30.200 --> 0:15:33.480 a car that they needed to drive to the other 0:15:33.560 --> 0:15:37.200 side of the river. Now, as people will have heard 0:15:37.240 --> 0:15:41.720 in earlier episodes, you re enacted driving to the other 0:15:41.800 --> 0:15:46.120 side of the river and to this day as it 0:15:46.200 --> 0:15:50.320 required back then it meant going over one bridge and 0:15:50.480 --> 0:15:53.520 under another. So this is just a little detail that 0:15:53.600 --> 0:15:58.560 this witness included that had to take place if what 0:15:58.640 --> 0:16:02.040 they said was true, and that witness did include that. 0:16:03.000 --> 0:16:05.760 And so there's a lot of little things in this statement, 0:16:05.920 --> 0:16:08.280 and trust me, I've picked through it like a fine 0:16:08.320 --> 0:16:13.960 tooth comb. That there's little bits of evidence that someone 0:16:13.960 --> 0:16:18.880 who didn't see what happened wouldn't know. But this witness 0:16:19.120 --> 0:16:22.880 clearly knows and clearly saw what they saw, and yes, 0:16:23.040 --> 0:16:28.320 the logistics of what they describe fits absolutely with the 0:16:28.360 --> 0:16:33.080 evidence and absolutely with what I believe took place that night. 0:16:34.000 --> 0:16:36.360 The interesting thing to me is how you began the 0:16:36.440 --> 0:16:39.160 statement when you recited it, and it was the event 0:16:39.200 --> 0:16:42.600 where she's actually tripped over almost a body that's obviously 0:16:42.640 --> 0:16:45.560 in a very bad state. We don't know who that 0:16:45.640 --> 0:16:49.320 body is, but it does sound a lot like Linda. 0:16:49.360 --> 0:16:52.000 What does that say about the potential of Linda being 0:16:52.080 --> 0:16:54.280 alive before she was put in the water, or whether 0:16:54.360 --> 0:16:57.240 she may have died before she was put in the water. 0:16:58.560 --> 0:17:01.160 I think that it's a really hard thing to know 0:17:02.040 --> 0:17:05.480 from that statement alone. But obviously, again we can go 0:17:05.640 --> 0:17:09.960 back to the forensics. We have one thing we never 0:17:10.080 --> 0:17:13.840 really had, was a witness who could tell us what 0:17:14.000 --> 0:17:18.280 really happened to Linda after the assault. There's always been 0:17:18.359 --> 0:17:23.240 this huge gap, and even the police never really attempted 0:17:23.280 --> 0:17:27.440 to fill that gap. They purely just said, at some point, 0:17:28.160 --> 0:17:32.960 Kevin has dragged Linda down to the water. Now, there's 0:17:33.000 --> 0:17:37.320 no forensic evidence for that, and nobody saw that. But 0:17:37.359 --> 0:17:42.080 what this witness says is that there was somebody under 0:17:42.119 --> 0:17:46.120 Tanuba who was in a very bad way, and this 0:17:46.160 --> 0:17:49.879 would match obviously with the fact we know that an 0:17:49.920 --> 0:17:55.119 assault had occurred, and this witness was clearly concerned about 0:17:55.119 --> 0:17:59.800 this individual because they inquired if anyone had called the police, 0:18:00.040 --> 0:18:04.159 had anyone called an ambulance. So we can't be one 0:18:04.240 --> 0:18:09.560 hundred percent sure that this person was Linda who they saw, 0:18:10.080 --> 0:18:13.840 but I think it's a fair guess that that's who 0:18:13.880 --> 0:18:17.520 they saw, and it does suggest to us that while 0:18:17.560 --> 0:18:21.159 Linda was still alive at that point, she was in 0:18:21.200 --> 0:18:23.920 a very bad way, and that would have been following 0:18:23.960 --> 0:18:27.560 the assault. And we do know from the forensic evidence 0:18:28.080 --> 0:18:31.639 both presented at trial and that we have now that 0:18:31.720 --> 0:18:35.720 the assault committed by the three women was horrific and 0:18:36.480 --> 0:18:39.760 would have left Linda in this sort of state where 0:18:40.160 --> 0:18:43.520 she may have appeared to be having a fit or 0:18:43.600 --> 0:18:47.680 be slipping in and out of consciousness as it appeared 0:18:47.720 --> 0:18:48.879 this person discovered. 0:18:50.480 --> 0:18:54.240 The other interesting thing I thought was Witness X describes 0:18:54.320 --> 0:18:57.760 the lights from the Touch Football grounds and she also 0:18:57.840 --> 0:19:01.840 describes hearing water behind us as witness why is talking? 0:19:02.520 --> 0:19:06.800 Does that sort of give us any indication of where 0:19:06.840 --> 0:19:10.280 this drop off point could have been in relation to 0:19:10.359 --> 0:19:11.040 Linda's body. 0:19:12.160 --> 0:19:15.000 Yes, and I think, as we pointed out very early 0:19:15.080 --> 0:19:20.080 in this series, that the forensic evidence always suggested that 0:19:20.200 --> 0:19:24.800 Linda's body was placed on the racecourse side of the river. Now, 0:19:25.040 --> 0:19:30.160 police never explored that scenario and never countenanced it as 0:19:30.200 --> 0:19:34.800 a possibility, but we certainly did because we looked at 0:19:34.840 --> 0:19:38.959 the forensic evidence. And so what those lights from the 0:19:39.000 --> 0:19:42.720 touch football ground shows and the water that was behind 0:19:42.800 --> 0:19:47.160 the car would place the car in the exact position, 0:19:49.000 --> 0:19:51.959 with the back of the car to the river and 0:19:52.000 --> 0:19:56.040 the front of the car facing towards those fields, is 0:19:56.080 --> 0:20:00.920 the exact position where we months ago believe believed Linda's 0:20:00.960 --> 0:20:04.080 body was placed in the water. Now, at that time, 0:20:04.119 --> 0:20:07.199 we did not have access to this statement and we 0:20:07.280 --> 0:20:10.960 did not know its contents. What we were using was 0:20:11.280 --> 0:20:16.000 absolute forensic data. And so what we have here now 0:20:16.200 --> 0:20:21.080 is an eyewitness whose statement backs up what that data 0:20:21.160 --> 0:20:27.280 showed us, and it does so in an incredibly accurate manner. 0:20:27.359 --> 0:20:33.320 And it's quite disturbing to read it for the first time, 0:20:33.440 --> 0:20:38.240 for the first few times to realize that so much 0:20:38.280 --> 0:20:41.280 of this could have been solved by the police in 0:20:41.320 --> 0:20:45.159 those very early days, had they done the basic work 0:20:45.480 --> 0:20:48.720 that we did when we first examined this case. 0:20:49.600 --> 0:20:52.919 What does the whole statement say about Kevin. You've mentioned 0:20:52.920 --> 0:20:55.720 a few places where the witness has talked about Kevin 0:20:55.800 --> 0:20:59.640 Henry being asleep. Is that the only mention she makes 0:20:59.680 --> 0:21:01.480 of Kevin Henry in this statement. 0:21:02.640 --> 0:21:07.560 No, So, for the purpose of protecting people's identity who 0:21:07.600 --> 0:21:12.720 have no involvement in the crime whatsoever, we did leave 0:21:12.800 --> 0:21:16.359 out some sections of the statement that were really just 0:21:16.600 --> 0:21:22.840 background information. But the witness does describe where Kevin was 0:21:23.040 --> 0:21:27.200 throughout that day, and it matches up very much with 0:21:27.240 --> 0:21:30.840 what we know happened to Kevin that day, which is 0:21:30.880 --> 0:21:35.680 that he consumed a large amount of alcohol and then 0:21:35.760 --> 0:21:40.480 he spent most of the afternoon and the evening asleep. 0:21:41.359 --> 0:21:46.080 So this witness saw Kevin come across the road and 0:21:46.200 --> 0:21:50.520 sleep next to a gum tree. This witness saw Kevin 0:21:50.560 --> 0:21:54.280 Henry at the Crown, And we have to remember that 0:21:55.000 --> 0:21:58.400 this is something we've raised before, that part of Kevin's 0:21:58.400 --> 0:22:00.679 alibi is that he was at the Crown, and if 0:22:00.720 --> 0:22:04.440 he was, he couldn't possibly have committed the murder. And 0:22:04.520 --> 0:22:07.760 so this witness did, like others see Kevin Henry at 0:22:07.800 --> 0:22:11.600 the Crown and at the time the body was placed 0:22:11.600 --> 0:22:17.119 in the river, this witness saw Kevin Henry asleep under 0:22:17.400 --> 0:22:22.159 Tenuba House. Now, again, all of this matches with the 0:22:22.200 --> 0:22:26.560 fact that, by Kevin's own admission, he drunk a considerable 0:22:26.560 --> 0:22:31.280 amount of alcohol that morning, and that he spent most 0:22:31.320 --> 0:22:34.280 of the rest of the day asleep and a brief 0:22:34.280 --> 0:22:38.320 period of time at the Crown Hotel, And all of 0:22:38.359 --> 0:22:41.240 this is confirmed by an eyewitness. 0:22:42.760 --> 0:22:47.680 Now we've got two other men who Witness X says 0:22:47.760 --> 0:22:51.240 she saw dumping Linda's body in the river. One of 0:22:51.280 --> 0:22:53.920 these men we've concealed the identity, we've called him c 0:22:54.920 --> 0:22:58.840 But another man, Willie West. What do we know about him? 0:22:58.920 --> 0:23:01.600 And why have we chose and to say his name 0:23:01.680 --> 0:23:02.040 in full? 0:23:03.440 --> 0:23:06.280 Okay, The reason we've decided to say his name in 0:23:06.359 --> 0:23:10.320 full is that his name was raised as a potential 0:23:10.440 --> 0:23:16.520 suspect at the initial trial. Now, that name was raised 0:23:16.680 --> 0:23:21.320 both by lawyers for the women and the lawyer for 0:23:21.480 --> 0:23:25.800 Kevin Henry, And that name was raised in full to 0:23:26.000 --> 0:23:29.960 the police in particular, and also to others who were 0:23:30.000 --> 0:23:34.080 there that day. This is not the first witness to 0:23:34.160 --> 0:23:39.520 place Willy West at the scene. We have other witnesses 0:23:39.880 --> 0:23:43.760 who say that Willy West was at Tanuba House. We 0:23:43.880 --> 0:23:47.560 have other witnesses who say that Willy West was at 0:23:47.640 --> 0:23:51.760 the Crown Hotel. And the reason this is important is 0:23:51.800 --> 0:23:56.960 because the police deny all knowledge of this individual, and 0:23:57.040 --> 0:23:59.840 the police claimed that they did not take a statement 0:24:00.280 --> 0:24:05.160 from this individual, and that is despite the fact that 0:24:05.320 --> 0:24:10.480 multiple witnesses raised this person's name. Now, based on what 0:24:10.600 --> 0:24:15.920 we know from this witness testimony, it appears this person, 0:24:16.119 --> 0:24:20.480 according to witness X, drove the car and was one 0:24:20.520 --> 0:24:24.200 of two men to place Linda's body in the river. 0:24:25.119 --> 0:24:28.680 So I think we can very reasonably understand why the 0:24:28.760 --> 0:24:34.399 lawyers for the women and particularly Kevin Henry, repeatedly brought 0:24:34.480 --> 0:24:39.160 up the name Willie West and asked the police if 0:24:39.200 --> 0:24:43.680 they'd investigated that individual, had they taken a statement from 0:24:43.680 --> 0:24:47.000 that individual, and in fact, did they even know who 0:24:47.040 --> 0:24:52.280 that individual was. Now, again, the police denied knowing who 0:24:52.320 --> 0:24:56.679 this person was, nor ever having taken a statement. But 0:24:57.520 --> 0:24:59.959 I think it's fair to know that the lawyers at 0:25:00.080 --> 0:25:04.399 the time knew something was up with this individual, and 0:25:04.440 --> 0:25:08.280 that's why they raised that person's name. And now we 0:25:08.359 --> 0:25:11.679 have the evidence about that individual. 0:25:12.359 --> 0:25:14.640 I mean, the fact that he seems like he's one 0:25:14.640 --> 0:25:16.760 of the very few people at Tanuba House to have 0:25:16.840 --> 0:25:20.200 a car should have raised alarm bell bell straight away, 0:25:20.760 --> 0:25:24.040 because even from the very moment we knew that this crime, 0:25:24.240 --> 0:25:26.720 you would have needed some sort of vehicle in order 0:25:26.760 --> 0:25:31.240 to actually do this the way Linda's body was found, 0:25:31.359 --> 0:25:33.080 you would have had to have some sort of vehicle 0:25:33.080 --> 0:25:33.640 of some sort. 0:25:34.480 --> 0:25:36.880 That's exactly right. And I think again that was one 0:25:36.920 --> 0:25:41.920 of those points that seems obvious to absolutely everybody involved 0:25:42.119 --> 0:25:47.080 from twenty five years ago until today, except for the 0:25:47.119 --> 0:25:52.040 investigating officers, that a car would have been required. And 0:25:52.080 --> 0:25:55.320 this is the only person that we know of and 0:25:55.359 --> 0:25:59.920 that was mentioned by witnesses to have access to a car. 0:26:00.640 --> 0:26:03.520 So I think that's why it stretched credulity for the 0:26:03.600 --> 0:26:07.720 lawyers to believe that the police had not interviewed this 0:26:07.840 --> 0:26:11.119 person nor knew who they were. And we have to 0:26:11.160 --> 0:26:16.680 remember that absolutely everybody was interviewed. Anyone that was at 0:26:16.680 --> 0:26:21.000 ten Uber House was questioned at least once and up 0:26:21.040 --> 0:26:25.199 to five times by police. And as we've mentioned in 0:26:25.280 --> 0:26:30.280 previous episodes, some witnesses who were at t Uber House 0:26:30.359 --> 0:26:34.480 but had nothing whatsoever to do with the crime were 0:26:34.520 --> 0:26:40.520 followed for months, including a mister Wayne Saunders, who was 0:26:40.560 --> 0:26:45.240 followed out to the Rockhampton prison and he gave a 0:26:45.280 --> 0:26:49.639 statement he was accused of committing the crime and he 0:26:49.760 --> 0:26:55.160 had no involvement whatsoever. But this individual Willie West, who 0:26:55.240 --> 0:27:00.760 this witness names, who clearly other witness name, and to 0:27:01.080 --> 0:27:05.480 Lawyer's raise, was not once interviewed by police. And I 0:27:05.520 --> 0:27:09.760 think that raises very serious doubts as to the quality 0:27:09.800 --> 0:27:14.520