WEBVTT - A Breakthrough

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<v Speaker 1>Just before nine o'clock last night, the jury returned guilty

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<v Speaker 1>verdicts against all three defendants.

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<v Speaker 2>It was absolutely shambles, to tell you the truth, just

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<v Speaker 2>absolutely really coamous.

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<v Speaker 3>Blood on his clothing the day after the alleged attap on.

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<v Speaker 4>A shallow mud bank and it fits through a river.

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<v Speaker 2>Basically, I think most of the people are used to me,

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<v Speaker 2>there are good people.

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<v Speaker 4>I think a really important question we need to ask

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<v Speaker 4>is how many Indigenous prisoners in Australia are innocent.

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<v Speaker 1>This is Curtain, a podcast where we pulled back the

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<v Speaker 1>blinds to shine a light on the darkest.

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<v Speaker 3>Parts of our justice system and ask who are the victims.

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<v Speaker 5>I'm Amy Maguire.

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<v Speaker 4>And I'm Martin Hodgson, a senior advocate for the Foreign

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<v Speaker 4>Prisoner Support Service. And a warning, this series contains the

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<v Speaker 4>names of deceased peoples and has distressing content that might

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<v Speaker 4>upset some listeners.

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<v Speaker 1>So over the past couple of weeks we've been a

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<v Speaker 1>bit quiet, but in this episode we're going to tell

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<v Speaker 1>you the reason why, because coming that very shortly is

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<v Speaker 1>potentially one of the biggest breakthroughs we've had in this case. Martin,

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<v Speaker 1>can you tell us a little.

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<v Speaker 5>Bit about what is currently happening in elasid to Kevin's case.

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<v Speaker 2>Over the last few months, we've been working with the

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<v Speaker 2>new Parole Board to try and ascertain exactly where Kevin

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<v Speaker 2>stands in relation to his parole. As we've spoken about

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<v Speaker 2>on this podcast before, Kevin's been in front of the

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<v Speaker 2>parole board many times now. Obviously he's been denied parole

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<v Speaker 2>each time. But as we've previously discussed on the podcast,

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<v Speaker 2>that was under the old system, Queensland had not had

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<v Speaker 2>an update to their parole system since nineteen thirty seven,

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<v Speaker 2>that's before the Second World War, and it was under

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<v Speaker 2>that system that it was proving impossible to get Kevin

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<v Speaker 2>Henry released. And there is a very crucial reason to that,

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<v Speaker 2>and that's because under the old parole system, as we've

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<v Speaker 2>discussed previously, there was no what they call Denier's program.

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<v Speaker 2>There was no ability for a prisoner to maintain their innocence.

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<v Speaker 2>And Kevin Henry has maintained his innocence since nineteen ninety

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<v Speaker 2>one and he's not going to change that stance because

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<v Speaker 2>he did not commit this crime and the evidence shows that.

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<v Speaker 2>But under the Queensland system that's actually been used against him.

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<v Speaker 2>His unwillingness to admit to something he didn't do has

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<v Speaker 2>meant the Parole Board has continued to reject his application.

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<v Speaker 2>But under the new parole system that comes on the

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<v Speaker 2>back of a review that was done into the entire

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<v Speaker 2>Queensland Parole system, where there was ninety eight recommendations as

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<v Speaker 2>to ways the parole system should be updated and improved,

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<v Speaker 2>and many of those updates directly address issues dealing with

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<v Speaker 2>aboriginal prisoners. This new system gives us a far better chance.

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<v Speaker 2>But further than that, what it's meant is we now

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<v Speaker 2>have a way forward for Kevin. It's not the same

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<v Speaker 2>old case of putting in an application and knowing it's

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<v Speaker 2>going to be rejected because the rules just aren't fair.

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<v Speaker 2>Now we have a real chance of helping Kevin Henry

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<v Speaker 2>walk free.

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<v Speaker 5>My new past instances where Kevin's case has gone for

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<v Speaker 5>the parole board, they haven't been I guess fully aware

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<v Speaker 5>of Kevin's that Kevin has maintained and it is over

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<v Speaker 5>the past twenty five or twenty six years. Is the

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<v Speaker 5>new parole board aware of that and play any part

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<v Speaker 5>in any decision that they're able to make in a

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<v Speaker 5>legion to Kevin's parole.

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<v Speaker 2>It's a difficult issue that the Parole Board are aware

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<v Speaker 2>of the issues now and one thing I'll go through

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<v Speaker 2>that might clarify why it's been so difficult is I'll

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<v Speaker 2>just read some dates and this is just from the

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<v Speaker 2>period where we've been investigating this case and working with Kevin.

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<v Speaker 2>The Parole Board considered Kevin's application in February twenty and sixteen,

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<v Speaker 2>June sixteen, twice, November twenty and sixteen, January twenty and seventeen,

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<v Speaker 2>February two thy seventeen, and then May, June and July

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<v Speaker 2>twenty and seventeen, and they reviewed his case a number

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<v Speaker 2>of times in both the June and July. Now, one

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<v Speaker 2>success we've had is on the tenth of August, the

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<v Speaker 2>new Queensland Parole Board agreed to rescind all of those

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<v Speaker 2>previous decisions, So that is to rescind those decisions that

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<v Speaker 2>rejected parole for Kevin. And now what the board say

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<v Speaker 2>is and I quote, the Board will consider your application afresh.

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<v Speaker 2>So this has given us an opportunity to present to

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<v Speaker 2>the new Parole Board the full suite of information surrounding

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<v Speaker 2>Kevin's case. And it's been very frustrating for Kevin in

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<v Speaker 2>the past, because every time he's been before the Parole Board,

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<v Speaker 2>when information has gone to the Parole Board in the past,

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<v Speaker 2>it seems like they have not at all been aware

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<v Speaker 2>of his case, his personal circumstances, and his previous efforts,

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<v Speaker 2>and the way he's tried to explain that he is

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<v Speaker 2>willing to do programs. He's willing to do what needs

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<v Speaker 2>to be done, but he's not going to admit to

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<v Speaker 2>a crime he did not commit. Now, I do need

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<v Speaker 2>to point out that the Parole Board state three things. Categorically,

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<v Speaker 2>they cannot independently assess a person's guilt or innocence. They

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<v Speaker 2>cannot determine whether a person is in fact guilty or innocent,

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<v Speaker 2>and they can't overturn a judgment. These are all decisions

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<v Speaker 2>for a court. But what they can do, and what

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<v Speaker 2>we've trying to be and what we've tried to explain

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<v Speaker 2>to them is given Kevin Henry is an innocent man,

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<v Speaker 2>given that he's maintained his innocence for twenty six years,

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<v Speaker 2>given that all the evidence shows that Kevin is innocent,

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<v Speaker 2>We're not asking for the Parole Board to owe returned

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<v Speaker 2>the decision of the court. What we are asking them

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<v Speaker 2>is to consider these facts and that pressuring him and

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<v Speaker 2>forcing him to admit to something he did not do

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<v Speaker 2>doesn't help him, and it doesn't make the community any safer.

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<v Speaker 2>And that's really what their guidelines are about. What's the

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<v Speaker 2>best way to get someone like Kevin Henry back into

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<v Speaker 2>the community and in a way the community is safe now.

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<v Speaker 2>Of course, if someone's committed a crime, then the parole

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<v Speaker 2>board need to be very concerned about whether that person

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<v Speaker 2>has rehabilitated, whether they have owned up to what they've done,

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<v Speaker 2>taken responsibility, and gone through all the programs that are

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<v Speaker 2>deemed necessary for them to be safe to the community.

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<v Speaker 2>But Kevin's case is obviously remarkably different. He can't sit

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<v Speaker 2>with a psychologist and explain what his motivations for the

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<v Speaker 2>crime were because he didn't commit the crime. He can't

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<v Speaker 2>sit with a board or conduct a program surrounding things

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<v Speaker 2>like offending alcohol abuse when he didn't offend and commit

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<v Speaker 2>the crime, and he hasn't used alcohol or drugs for

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<v Speaker 2>more than a quarter of a century. So this has

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<v Speaker 2>all been very frustrating for Kevin, and I think people

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<v Speaker 2>really need to understand why that would be frustrating for Kevin,

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<v Speaker 2>that he's almost been punished for maintaining his innocence. And

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<v Speaker 2>I should point out, as we have in the past,

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<v Speaker 2>that it has been only Queensland that has operated in

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<v Speaker 2>this way that holds it against a person for maintaining

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<v Speaker 2>their innocence. But now we do see light at the

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<v Speaker 2>end of the tunnel that, as the Parole Board have

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<v Speaker 2>said themselves, they're looking at this afresh and this will

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<v Speaker 2>give us a new chance to appeal to the Parole

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<v Speaker 2>Board and to outlay the way we see Kevin's integration

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<v Speaker 2>back into the community going his release, and why he

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<v Speaker 2>should be released, and the fact that he should no

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<v Speaker 2>longer be punished for maintaining his innocence.

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<v Speaker 3>How significant will it be the fact that under the

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<v Speaker 3>Queensland government's recent reform to parole that there has to

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<v Speaker 3>be an average monetary Strait Islander person on that parole board.

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<v Speaker 5>Why hasn't there.

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<v Speaker 3>Been a First Nation's representative on the Parole Board in

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<v Speaker 3>the past.

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<v Speaker 5>And do you think, I mean, why do you think

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<v Speaker 5>it's so.

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<v Speaker 3>Important that there is a First nation's voice on that board,

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<v Speaker 3>particularly in relation to Kevin.

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<v Speaker 2>I think it's exceptionally important and it's very disappointing that

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<v Speaker 2>it hasn't happened. In the past. The understanding has always

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<v Speaker 2>been that a parole board meeting to discuss the future

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<v Speaker 2>of an Aboriginal or torres Strade Islander person who's in custody,

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<v Speaker 2>that board would have at least one representative of the

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<v Speaker 2>community on the board. And this is not just any person.

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<v Speaker 2>This is still a professional parole board member, a professional

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<v Speaker 2>person with experiencing the law, law enforcement and relevant areas.

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<v Speaker 2>But it seems quite clear that that has never taken place.

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<v Speaker 2>But now finally we've been assured in writing that an

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<v Speaker 2>Aboriginal and Torestrade Islander person will be on the board

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<v Speaker 2>that considers Kevin's future. And there's quite a few reasons

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<v Speaker 2>why that is important. Firstly, are the basic statistics. Aboriginal

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<v Speaker 2>and Toros Straight Islander people are systematically denied parole far

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<v Speaker 2>at a far greater number than non in Indigenous people.

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<v Speaker 2>That's despite when you wait equally the crimes they've committed,

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<v Speaker 2>the length of time they've served, their rehabilitation, their efforts

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<v Speaker 2>to undertake any of the programs that have been required,

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<v Speaker 2>their behavior inside prison. So clearly Aboriginal and Terros Straight

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<v Speaker 2>Islander people have been treated unfairly, and that's been obvious

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<v Speaker 2>to Kevin as he's watched people who have committed heinous

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<v Speaker 2>crimes walk free while he still sits in prison. And

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<v Speaker 2>again that only adds to his frustration, and it adds

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<v Speaker 2>to the frustration of all Aboriginal and Torostraight Island to

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<v Speaker 2>prisoners when they play by the rules and do the

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<v Speaker 2>right thing and yet they get denied parole while other

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<v Speaker 2>non Indigenous people get paroled all the time having committed

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<v Speaker 2>far more serious crimes. Now there's some quite crucial reasons

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<v Speaker 2>why this is the case. Of course, there is the

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<v Speaker 2>basic fact of discrimination, and the facts are clear on that.

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<v Speaker 2>When you wait case to case, the discrimination is clear.

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<v Speaker 2>There can be no argument as to that. But there

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<v Speaker 2>are some reasons why that takes place. Some of the

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<v Speaker 2>things that are required of an individual to gain parole

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<v Speaker 2>is to show things like that they will be welcomed

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<v Speaker 2>back into their community, that they will have a place

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<v Speaker 2>to live, and that the way the parole Board previously operated,

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<v Speaker 2>and we hope that that has now changed, has been

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<v Speaker 2>very much focused on non Indigenous culture. So when an

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<v Speaker 2>Indigenous person, particularly someone like Kevin Henry from a place

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<v Speaker 2>like Warabinda nominates a place to go back to as

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<v Speaker 2>a high he nominates someone like his uncle, and this

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<v Speaker 2>is the best place for someone like Kevin, where he

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<v Speaker 2>can live with someone who's a mentor someone who can

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<v Speaker 2>help him reintegrate into the community. So much has changed

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<v Speaker 2>in twenty five years. It also allows Kevin to connect

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<v Speaker 2>back to country and culture, and all the studies show

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<v Speaker 2>that this reconnection with country and culture, living with family,

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<v Speaker 2>having role models is what helps Indigenous prisoners on their

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<v Speaker 2>release and prevents recidivism. But it's not something that is

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<v Speaker 2>at all understood by previous parole boards and has not

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<v Speaker 2>been understood really by parole boards right around Australia. And

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<v Speaker 2>so it's vital that there is an Aboriginal or Torrestrate

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<v Speaker 2>Islander person on the parole board that can explain these

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<v Speaker 2>issues to the other parole board members, that can explain

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<v Speaker 2>why these things are important, Why moving back and living

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<v Speaker 2>on country for someone is important. Re engaging in their culture,

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<v Speaker 2>reconnecting with their family. These are the things that give

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<v Speaker 2>people hope and meaning and purpose and this is what

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<v Speaker 2>we know helps prevent recidivism. It also has to do

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<v Speaker 2>with things like literacy in the non Indigenous community. Literacy

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<v Speaker 2>is a very black and white issue. It's considered someone

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<v Speaker 2>is basically literate and that is ninety to ninety five

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<v Speaker 2>percent of the population or not literate. And for people

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<v Speaker 2>in the non Indigenous community who are not literate, finding work,

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<v Speaker 2>going through restorative justice programs, rehabilitation, reintegration can be very difficult.

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<v Speaker 2>For Aboriginal and Torres Straight Islander people. This is not

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<v Speaker 2>at all the case. Aboriginal in Torres straight Islander people

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<v Speaker 2>could be considered illiterate in the non Indigenous sense and

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<v Speaker 2>yet speak up to five languages from their own country.

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<v Speaker 2>This is not someone who is illiterate, but they are

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<v Speaker 2>considered that way. An Aboriginal and Torostraight Islander person could

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<v Speaker 2>be someone who has a deep knowledge of their community,

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<v Speaker 2>their country, who's had considerable work experience, working on the land,

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<v Speaker 2>working in their community. Someone like Kevin is a great stockman,

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<v Speaker 2>he's a great artist, and he has a lot to

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<v Speaker 2>offer and there's a lot he can do. But this

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<v Speaker 2>is not understood by the non Indigenous community, and all

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<v Speaker 2>these things go against people like Kevin and all Aboriginal

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<v Speaker 2>people when they come to meet with the Parole board

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<v Speaker 2>and those decisions are made. And finally, the thing that

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<v Speaker 2>is probably most difficult for non Indigenous people to understand,

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<v Speaker 2>particularly professional parole board members who may have never had

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<v Speaker 2>any contact with Aboriginal people, is understanding how an Indigenous

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<v Speaker 2>person in that parole interview is going to express themselves

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<v Speaker 2>and explain what is important to them and how they're

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<v Speaker 2>going to manage their relapse prevention plan and how they're

0:16:33.880 --> 0:16:38.400
<v Speaker 2>going to ensure that the practical day to day side

0:16:38.440 --> 0:16:44.240
<v Speaker 2>of things are taken care of. Indigenous families act like

0:16:44.440 --> 0:16:49.080
<v Speaker 2>a community of their own. Contrary to what a lot

0:16:49.080 --> 0:16:52.320
<v Speaker 2>of people believe and a lot of the stereotypes that

0:16:52.360 --> 0:17:00.200
<v Speaker 2>are pushed, Indigenous families are very caring, providing, nurturing and

0:17:00.240 --> 0:17:04.399
<v Speaker 2>it's an all encompassing way of life. This is not

0:17:04.560 --> 0:17:09.840
<v Speaker 2>something non Indigenous people often relate to. And so while

0:17:09.920 --> 0:17:13.879
<v Speaker 2>Kevin would be considered just to look at his file

0:17:14.480 --> 0:17:19.840
<v Speaker 2>not to have such support, that is in fact entirely incorrect.

0:17:20.760 --> 0:17:25.000
<v Speaker 2>A place like Warabinda is a dry community. Only non

0:17:25.000 --> 0:17:29.480
<v Speaker 2>Indigenous people in Australia are released into potential dryer communities.

0:17:30.160 --> 0:17:33.399
<v Speaker 2>This gives them a huge advantage and should in fact

0:17:34.520 --> 0:17:38.119
<v Speaker 2>be a benefit to them when going before the parole board,

0:17:38.800 --> 0:17:42.600
<v Speaker 2>but instead being released back to an Indigenous community is

0:17:42.640 --> 0:17:45.679
<v Speaker 2>for some reason seen as a negative. This is something

0:17:45.720 --> 0:17:50.480
<v Speaker 2>else we wish to challenge. Where Kevin is from in Warabinda,

0:17:50.600 --> 0:17:54.480
<v Speaker 2>there is also a healing center. This enables people like

0:17:54.600 --> 0:17:57.399
<v Speaker 2>Kevin and all members of the community to connect with

0:17:57.480 --> 0:18:03.080
<v Speaker 2>their culture, to work with their and to grow for

0:18:03.160 --> 0:18:07.280
<v Speaker 2>themselves in a sense of connection to who they are,

0:18:07.480 --> 0:18:12.359
<v Speaker 2>their people and country that just doesn't take place in

0:18:12.480 --> 0:18:18.359
<v Speaker 2>mainstream education. All the science shows this works, and yet

0:18:19.000 --> 0:18:22.040
<v Speaker 2>the science has not been caught up to by the

0:18:22.080 --> 0:18:27.600
<v Speaker 2>parole boards, by corrective services, and by those who incarcerate

0:18:27.720 --> 0:18:32.560
<v Speaker 2>Aboriginal in Toro straight Islander people en mass. So, just

0:18:32.840 --> 0:18:38.000
<v Speaker 2>like most Aboriginal Interiro Straight Islander prisoners, Kevin has a

0:18:38.080 --> 0:18:42.719
<v Speaker 2>lot going for him. The problem has always been that

0:18:42.800 --> 0:18:46.320
<v Speaker 2>the system has not been able to understand that and

0:18:46.440 --> 0:18:49.840
<v Speaker 2>see that. Now we are hoping under the new system

0:18:50.320 --> 0:18:54.320
<v Speaker 2>will be able to present these facts and that the

0:18:54.640 --> 0:18:58.640
<v Speaker 2>parole board, having an Aboriginal Interros Straight Islander member on

0:18:58.720 --> 0:19:02.760
<v Speaker 2>that board will be more receptive of what we've been

0:19:02.800 --> 0:19:06.240
<v Speaker 2>able to put in place for Kevin and to see

0:19:06.280 --> 0:19:10.520
<v Speaker 2>the person that Kevin is a kind and generous person

0:19:10.720 --> 0:19:14.120
<v Speaker 2>as you've heard from people on this podcast. A man

0:19:14.160 --> 0:19:18.439
<v Speaker 2>who is great on the land, an artist who's cared

0:19:18.560 --> 0:19:22.360
<v Speaker 2>for his fellow inmates, who's very well known and liked

0:19:22.560 --> 0:19:25.760
<v Speaker 2>by many of the people inside the system who run

0:19:25.840 --> 0:19:30.840
<v Speaker 2>the prison system, and these things should be positives for him.

0:19:31.320 --> 0:19:35.880
<v Speaker 2>Things like literacy should not be used as negatives against

0:19:35.880 --> 0:19:39.800
<v Speaker 2>a person who is perfectly capable of functioning in society.

0:19:41.280 --> 0:19:43.960
<v Speaker 3>So, Martin, what's the timeline around this?

0:19:46.000 --> 0:19:49.040
<v Speaker 2>So basically, what we're hoping is in the next few

0:19:49.080 --> 0:19:52.120
<v Speaker 2>weeks that Kevin will have a chance to sit down

0:19:52.200 --> 0:19:55.840
<v Speaker 2>with the parole board. This new parole board that we

0:19:55.920 --> 0:19:59.119
<v Speaker 2>are told is more professional and will include an aboriginal

0:19:59.240 --> 0:20:03.119
<v Speaker 2>or torrestraight on a person and be able to detail

0:20:04.119 --> 0:20:10.000
<v Speaker 2>to them his experiences throughout these years twenty six years

0:20:10.280 --> 0:20:15.800
<v Speaker 2>in prison, how he is ready to be released, and

0:20:15.840 --> 0:20:19.600
<v Speaker 2>why he should be released, and the things he'll be

0:20:19.640 --> 0:20:24.800
<v Speaker 2>able to do to go through that process. Now, we're

0:20:24.920 --> 0:20:28.320
<v Speaker 2>organizing for Kevin to have a support person in place

0:20:28.440 --> 0:20:31.760
<v Speaker 2>when that takes place, because, as I've outlined, this is

0:20:31.920 --> 0:20:37.240
<v Speaker 2>very complicated. But I really believe when the parole board

0:20:37.320 --> 0:20:40.919
<v Speaker 2>can listen to Kevin and hear him explain and speak

0:20:40.960 --> 0:20:44.800
<v Speaker 2>for himself. They'll be able to see just what we've

0:20:44.840 --> 0:20:50.040
<v Speaker 2>been talking about throughout kurtin the podcast, So that should

0:20:50.080 --> 0:20:54.200
<v Speaker 2>take place in the next few weeks. In the meantime,

0:20:54.200 --> 0:20:58.920
<v Speaker 2>we're also working with the parole Board to come up

0:20:58.960 --> 0:21:04.679
<v Speaker 2>with plan so that if release is granted, then we

0:21:04.840 --> 0:21:07.960
<v Speaker 2>have everything in place for moving forward. It's quite a

0:21:08.000 --> 0:21:13.280
<v Speaker 2>complex process when someone's released from prison after so long.

0:21:14.240 --> 0:21:18.080
<v Speaker 2>You need to understand that when Kevin went inside, there

0:21:18.160 --> 0:21:21.840
<v Speaker 2>was no mobile phones or internet or anything like that.

0:21:22.240 --> 0:21:26.760
<v Speaker 2>So just getting things like Medicare cards and working out

0:21:26.800 --> 0:21:30.879
<v Speaker 2>how to live in the twenty first century requires some adjustment,

0:21:31.480 --> 0:21:35.119
<v Speaker 2>and so we're working through all of that. So potentially

0:21:35.200 --> 0:21:39.640
<v Speaker 2>this could take place in the next few weeks, and

0:21:40.000 --> 0:21:44.639
<v Speaker 2>we asked that those who support Kevin keep thinking about

0:21:44.760 --> 0:21:48.959
<v Speaker 2>him and keep the encouraging messages that this is his

0:21:49.119 --> 0:21:53.400
<v Speaker 2>time to be released, that he poses no threat whatsoever

0:21:53.680 --> 0:21:57.040
<v Speaker 2>to the community, and that when the parole Board hear

0:21:57.160 --> 0:22:00.680
<v Speaker 2>him speak in the next few weeks, that they will

0:22:00.800 --> 0:22:03.720
<v Speaker 2>understand he is an innocent man and it's time for

0:22:03.840 --> 0:22:07.119
<v Speaker 2>him to go home. We've worked very hard and for

0:22:07.160 --> 0:22:11.280
<v Speaker 2>a long time to overcome all these systematic hurdles that

0:22:11.520 --> 0:22:17.080
<v Speaker 2>every prisoner, particularly Indigenous prisoners in Queensland face and we're

0:22:17.119 --> 0:22:21.399
<v Speaker 2>hoping Kevin is as much a test case as well

0:22:21.440 --> 0:22:25.480
<v Speaker 2>to show that what has happened what we first posed,

0:22:25.800 --> 0:22:29.480
<v Speaker 2>that there are innocent people in prison. There are innocent

0:22:29.640 --> 0:22:32.600
<v Speaker 2>Indigenous people in prison, and it's time for them to

0:22:32.680 --> 0:22:35.320
<v Speaker 2>be released. It's time for the Parole Board to do

0:22:35.440 --> 0:22:37.400
<v Speaker 2>their job and send them home.

0:22:38.520 --> 0:22:41.919
<v Speaker 1>And we've talked a lot about parole, but what are

0:22:42.000 --> 0:22:45.000
<v Speaker 1>other options for Kevin as well? And can you tell

0:22:45.080 --> 0:22:48.040
<v Speaker 1>us a little bit about other avenues that you may

0:22:48.080 --> 0:22:48.680
<v Speaker 1>be working on.

0:22:49.880 --> 0:22:53.200
<v Speaker 2>So, as we've discussed previously on the podcast, not only

0:22:53.280 --> 0:22:56.520
<v Speaker 2>have we been working on the parole issue, and this

0:22:56.600 --> 0:22:59.880
<v Speaker 2>is something we've litigated heavily to get all those pres

0:23:00.480 --> 0:23:04.240
<v Speaker 2>rejections over the last few years rescinded so it would

0:23:04.280 --> 0:23:09.040
<v Speaker 2>be looked at afresh. But also we still have and

0:23:09.200 --> 0:23:14.200
<v Speaker 2>are maintaining our efforts to have Kevin granted a full pardon.

0:23:15.119 --> 0:23:19.480
<v Speaker 2>And so more information is coming in and that information

0:23:19.720 --> 0:23:23.760
<v Speaker 2>is being presented to the Governor of Queensland so that

0:23:23.800 --> 0:23:27.920
<v Speaker 2>they have all the information about this case so that

0:23:27.960 --> 0:23:32.720
<v Speaker 2>they can see Kevin Henry's innocence and pardon him completely

0:23:33.080 --> 0:23:35.720
<v Speaker 2>and absolve him of a crime he did not do.

0:23:37.440 --> 0:23:42.120
<v Speaker 2>To quickly summarize that, as you've heard, that includes new

0:23:42.200 --> 0:23:50.040
<v Speaker 2>forensic evidence, It includes the confirmation of Kevin's alibi. It

0:23:50.160 --> 0:23:54.600
<v Speaker 2>includes multiple witness statements that not only point to Kevin

0:23:54.720 --> 0:23:58.800
<v Speaker 2>not being involved, but pointing to exactly who was involved.

0:23:58.840 --> 0:24:04.160
<v Speaker 2>These eyewitnesses who saw people known to them commit this crime,

0:24:04.560 --> 0:24:08.639
<v Speaker 2>and those people were not Kevin Henry. There is not

0:24:08.800 --> 0:24:11.800
<v Speaker 2>a piece of information that we've received over the last

0:24:12.359 --> 0:24:16.760
<v Speaker 2>year or so that hasn't gone further to show Kevin

0:24:16.960 --> 0:24:21.879
<v Speaker 2>is innocent, and so we continue to present that. And finally,

0:24:21.920 --> 0:24:26.560
<v Speaker 2>as we've discussed before, the sole piece of evidence against

0:24:26.680 --> 0:24:31.960
<v Speaker 2>Kevin Henry is his confession. We've already poked serious holes

0:24:32.000 --> 0:24:36.440
<v Speaker 2>in that confession. In fact, we didn't have to do that.

0:24:36.480 --> 0:24:40.240
<v Speaker 2>The judge showed there were huge holes in the confession

0:24:40.400 --> 0:24:43.960
<v Speaker 2>and ruled up to eighty percent of it inadmissible because

0:24:43.960 --> 0:24:47.560
<v Speaker 2>it was not voluntary. But there's more to come on

0:24:47.680 --> 0:24:51.560
<v Speaker 2>that confession and that will further go to prove Kevin

0:24:51.600 --> 0:24:52.560
<v Speaker 2>Henry's innocence.

0:24:53.720 --> 0:24:56.200
<v Speaker 5>That was Episode forty of Curtain