WEBVTT - Proving Innocence in Australia 0:00:02.680 --> 0:00:06.080 Just before nine o'clock last night, the jury returned guilty 0:00:06.160 --> 0:00:08.480 verdicts against all three defendants. 0:00:08.520 --> 0:00:11.119 It was absolutely shambles, to tell you the truth, just 0:00:11.240 --> 0:00:12.480 absolutely really pinning. 0:00:12.240 --> 0:00:14.680 Blood on his clothing the day after the alleged a 0:00:14.760 --> 0:00:15.160 top a. 0:00:15.120 --> 0:00:17.520 Shallow mud bank and it fits through a river. Basically, 0:00:17.560 --> 0:00:19.200 I think most of the people are used to me 0:00:19.600 --> 0:00:20.600 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 --> 0:00:52.200 some listeners. 0:00:53.640 --> 0:00:58.040 Welcome to Curtin the podcast. This week, we're exploring what 0:00:58.160 --> 0:01:02.200 it is to be innocent and improve in Australia just 0:01:02.360 --> 0:01:06.640 like Kevin Henry and there are many just like him, 0:01:07.080 --> 0:01:11.319 and what it takes to free someone, what role race 0:01:11.440 --> 0:01:15.760 plays in these cases and what similarities there seems to 0:01:15.800 --> 0:01:19.440 be amongst a few of those who were still imprisoned 0:01:19.840 --> 0:01:24.160 despite being innocent and having served decades for crimes they 0:01:24.200 --> 0:01:25.840 simply did not commit. 0:01:26.880 --> 0:01:30.400 Good evening. Henry Keo, jailed nineteen years ago for the 0:01:30.480 --> 0:01:33.880 drowning murder of his fiance Anna Jane Cheney, is tonight 0:01:34.040 --> 0:01:38.280 a free man. After relentlessly proclaiming his innocence, his conviction 0:01:38.760 --> 0:01:41.800 has been overturned and his home for Christmas for the 0:01:41.800 --> 0:01:45.520 first time in two decades. Live now to ben avery 0:01:45.560 --> 0:01:47.800 and ben high emotion at the Supreme. 0:01:47.440 --> 0:01:51.480 Court today, Yeah, there sure was kate. Around seventy supporters 0:01:51.520 --> 0:01:55.000 crammed into a court room as Henry Keo was granted 0:01:55.040 --> 0:01:58.480 bail at around four o'clock this afternoon. Then minutes later, 0:01:58.720 --> 0:02:01.279 he emerged from the Supreme Court to an awaiting media 0:02:01.360 --> 0:02:04.400 pack desperate to capture this major moment in one of 0:02:04.400 --> 0:02:06.920 the state's most controversial murder cases. 0:02:09.400 --> 0:02:13.640 Nearly twenty years after the Supreme Court jailed him for murder. 0:02:13.720 --> 0:02:14.760 How did the kielder retreat? 0:02:16.160 --> 0:02:19.400 Henry Keeyo walks from the very same court a free 0:02:19.800 --> 0:02:26.520 and innocent man. On Friday, the Court of Criminal Appeal 0:02:26.680 --> 0:02:30.160 ruled jailing Henry Keyo in nineteen ninety five for drowning 0:02:30.200 --> 0:02:32.800 his fiancee, Anna Jane Cheney in the bath of her 0:02:32.880 --> 0:02:36.760 McGill home was a miscarriage of justice. A retrial was 0:02:36.880 --> 0:02:41.240 ordered and today bail granted unopposed. Keyo has always denied 0:02:41.320 --> 0:02:44.920 he's a murderer and relentlessly pursued clemency through the courts. 0:02:45.200 --> 0:02:48.040 His brother, putting emotions into words. 0:02:48.080 --> 0:02:51.080 Henry would like to express his grabchu to the judges 0:02:51.080 --> 0:02:54.120 of a Court of Criminal Appeal for handing down their 0:02:54.200 --> 0:02:58.040 judgments so quickly after the hearing of the appeal, any 0:02:58.120 --> 0:03:00.720 time for his release before Christmas, so that he can 0:03:00.760 --> 0:03:02.440 spend this time with his family. 0:03:04.080 --> 0:03:06.519 That was a METEA report from a few years ago 0:03:07.440 --> 0:03:11.440 when innocent man Henry Keoh was finally released from prison 0:03:12.200 --> 0:03:15.720 after serving nearly twenty years for the murder of his 0:03:15.919 --> 0:03:21.560 fiancee that he didn't commit. That case was followed nearly 0:03:21.680 --> 0:03:27.240 throughout its time by veteran journalist Graham Rcher. He's recently 0:03:27.360 --> 0:03:33.200 published a book called Unmaking a Murder. Now, I want 0:03:33.240 --> 0:03:36.160 to read just briefly from the introduction of that book, 0:03:37.000 --> 0:03:39.840 what Graham Archer has written. And remember he followed this 0:03:40.040 --> 0:03:43.840 case for thirteen years and I think What he says 0:03:44.400 --> 0:03:47.920 relates not only to Kevin Henry, but to all innocent 0:03:48.080 --> 0:03:52.680 people who are imprisoned in Australia. Once a defendant is 0:03:52.760 --> 0:03:57.320 found guilty, great locke shift into place, and they become 0:03:57.520 --> 0:04:04.160 increasingly difficult to undo. The built in safeguards Titan. The 0:04:04.280 --> 0:04:08.840 community wants to believe the institutions of justice are invaaluable 0:04:09.280 --> 0:04:13.840 and incorruptible. All the good men and women in government 0:04:14.120 --> 0:04:18.440 or those anointed to run these institutions of power, see 0:04:18.480 --> 0:04:22.520 the unfailing faith of the public as essential to social 0:04:22.720 --> 0:04:27.880 and political order. Should that falter, should cracks appear, or 0:04:28.000 --> 0:04:33.120 doubts arise, who knows what might be unleashed. It is 0:04:33.200 --> 0:04:36.360 the unstated pledge of all the good men to defend 0:04:36.480 --> 0:04:42.920 citizens against enemies at the gates. Errors in competence, conflicts 0:04:42.960 --> 0:04:47.280 of interests, and acts of corruption are best refuted or 0:04:47.400 --> 0:04:53.680 rebuffed to ensure their constancy. These great edifices of public 0:04:53.880 --> 0:04:59.320 order are designed to move like glaciers. Individuals trying to 0:04:59.480 --> 0:05:03.000 change the se his institutions from the outside, which are 0:05:03.040 --> 0:05:07.599 difficult enough to reform from the inside, face a vastly 0:05:07.800 --> 0:05:12.119 daunting task For a person in custody with no money 0:05:12.600 --> 0:05:18.000 no resources, no credibility, and with limited opportunity to communicate 0:05:18.160 --> 0:05:24.200 with the outside world. The power balance is overwhelming. When 0:05:24.320 --> 0:05:28.440 Archer began writing this in twenty eleven, there were almost 0:05:28.560 --> 0:05:31.799 no avenues by which a convicted person in South Australia 0:05:32.200 --> 0:05:35.520 who had exhausted the normal appeal options could have their 0:05:35.600 --> 0:05:39.600 case returned to court. Even if they were to discover 0:05:39.800 --> 0:05:43.920 new evidence capable of challenging their conviction, it was almost 0:05:43.960 --> 0:05:48.440 impossible to have it considered. The only avenue was to 0:05:48.520 --> 0:05:53.120 petition the Governor, which effectively meant appealing to the Attorney General. 0:05:54.200 --> 0:05:58.000 That process, as practiced in South Australia has always been 0:05:58.080 --> 0:06:03.280 a political one. The Attorney General makes determinations without any 0:06:03.480 --> 0:06:09.760 independent oversight. There is effectively no time limit for processing petitions, 0:06:10.440 --> 0:06:13.880 no chance for the public to access the reasons for decisions, 0:06:14.480 --> 0:06:19.960 which are protected by legal professional privilege, and as a 0:06:20.040 --> 0:06:23.120 result of a Supreme Court decision in nineteen ninety eight, 0:06:23.560 --> 0:06:27.880 there's no avenue of appeal. It confers a kind of 0:06:28.320 --> 0:06:32.280 divine right on the Attorney General to decide a person's 0:06:32.360 --> 0:06:35.560 fate with the stroke of a pen. It's a system 0:06:35.720 --> 0:06:40.000 that can be subject to abuse, and for me to 0:06:40.160 --> 0:06:43.560 echo the words of Archer, this is exactly the same 0:06:43.680 --> 0:06:47.560 problems that we've faced in trying to free Kevin Henry. 0:06:48.400 --> 0:06:52.359 Just like South Australia, we have to appeal to the governor. 0:06:53.000 --> 0:06:56.440 Just like South Australia, that means the political influence of 0:06:56.560 --> 0:07:00.480 the Attorney General. And just like in South East Australia, 0:07:01.560 --> 0:07:04.720 there are no other avenues, and so the wheels of 0:07:05.040 --> 0:07:09.880 justice turned slowly in a cold, dark corner of the 0:07:10.000 --> 0:07:15.239 state where the public eyes cannot see. But just like Keo, 0:07:16.560 --> 0:07:20.720 there's another case in South Australia that bears many similarities 0:07:21.160 --> 0:07:22.720 to those of Kevin Henry. 0:07:24.280 --> 0:07:27.239 And we told you a little bit about that case 0:07:27.480 --> 0:07:31.800 in previous episodes of Curtain. It involves an Aboriginal man 0:07:31.960 --> 0:07:35.920 named Derek Bromley who's currently serving his thirty fourth year 0:07:36.160 --> 0:07:39.400 in prison in South Australia for crime that he says 0:07:39.520 --> 0:07:43.760 he did not do. There are many similarities between Derek's 0:07:43.840 --> 0:07:47.320 case and Kevin's, but one of the most glaring is 0:07:47.400 --> 0:07:52.080 the fact both men are Aboriginal, and it's a key 0:07:52.280 --> 0:07:56.160 difference in the way that Henry Keo was treated and 0:07:56.360 --> 0:08:00.440 how Derek Bromley and Kevin Henry were treated and continue 0:08:00.480 --> 0:08:03.680 to be treated not just by the justice system, but 0:08:03.840 --> 0:08:07.040 by the media. And so this episode, we're going to 0:08:07.120 --> 0:08:10.600 give you a little overview of Henry Kio's case based 0:08:10.720 --> 0:08:14.440 on this new book that's just come out Unmaking a Murder, 0:08:15.240 --> 0:08:18.760 and Henry Kio is currently walking free after serving two 0:08:18.960 --> 0:08:22.840 decades for a crime that he didn't commit, a crime 0:08:22.920 --> 0:08:26.920 that likely never took place, because it's later been found 0:08:26.960 --> 0:08:30.200 that the forensics the conviction was based upon was shonky 0:08:30.960 --> 0:08:34.079 and it was likely a murder had never occurred at all. 0:08:35.240 --> 0:08:38.920 Henry Killo was convicted in nineteen ninety five of drowning 0:08:39.000 --> 0:08:43.160 his then fiance and a Jane Cheeney in a bath 0:08:43.240 --> 0:08:46.959 at the couple's home in an Adelaide, Northeastern suburb in 0:08:47.600 --> 0:08:53.280 March nineteen ninety four. His fiancee, Anna Jane, was twenty 0:08:53.360 --> 0:08:56.360 nine years old at the time and was then the 0:08:56.480 --> 0:08:59.840 head of professional conduct at the Law Society of Southeast. 0:09:01.840 --> 0:09:05.679 There really wasn't a great deal of evidence against Henry Keo. 0:09:06.800 --> 0:09:12.120 There was two issues. One was purely circumstantial, and that 0:09:12.440 --> 0:09:17.199 was the issue of these life insurance policies. The prosecution 0:09:17.520 --> 0:09:21.199 claimed that they valued those at over a million dollars. 0:09:22.360 --> 0:09:26.520 Keyo claimed they were valued more around four hundred thousand 0:09:26.600 --> 0:09:31.559 dollars and he'd signed them on Anna Jane's behalf, and 0:09:31.679 --> 0:09:36.160 this was before she'd died. Now, the other issue in 0:09:36.240 --> 0:09:42.439 the case was the forensics, and this was why in 0:09:42.520 --> 0:09:47.319 the end Henry Keo was able to be proven innocent. 0:09:48.040 --> 0:09:51.960 The forensics were done in a very boggy fashion by 0:09:52.120 --> 0:09:57.480 then chief forensic pathologist, doctor Colin Mannock. He testified at 0:09:57.520 --> 0:10:00.760 the trial that Anna Jane was held under the water 0:10:01.960 --> 0:10:05.600 and that she'd been held down and there were marks 0:10:05.679 --> 0:10:09.160 on her legs in particular that would show this, but 0:10:09.800 --> 0:10:14.479 he'd later change his mind about this crucial evidence, including 0:10:14.600 --> 0:10:20.079 the age of those marks and bruises on her legs. So, 0:10:21.280 --> 0:10:25.439 as with Kevin Henry, as with Derek Bromley, there was 0:10:25.640 --> 0:10:29.240 very little evidence to begin with in the first place, 0:10:29.400 --> 0:10:34.800 and what there was was very troublesome at the time 0:10:35.280 --> 0:10:40.559 and would be revealed by long investigations to be at 0:10:40.880 --> 0:10:45.400 best incompetent and at worst something far more sinister. 0:10:48.080 --> 0:10:51.520 Now, one of the key differences in the three cases 0:10:51.760 --> 0:10:54.800 is that Henry Kier is a white man. He came 0:10:54.880 --> 0:10:58.360 from a background of considerable privilege compared to both Derek 0:10:58.440 --> 0:11:00.160 Bromley and Kevin Henry. 0:11:00.559 --> 0:11:01.320 And his victim. 0:11:01.960 --> 0:11:06.079 His fiancee was also a white woman. She was a 0:11:06.160 --> 0:11:11.160 lawyer and a much loved member of South Ausaia's legal fraternity, and. 0:11:11.240 --> 0:11:14.679 These facts clearly had a big implication on the way 0:11:14.800 --> 0:11:19.040 the story was covered. In the mid nineties in South Australia, 0:11:19.240 --> 0:11:22.480 this was often the number one story on the nightly news, 0:11:23.240 --> 0:11:27.440 it was all over talk radio, It dominated the newspapers 0:11:28.360 --> 0:11:32.679 right from the time Anna Jane was found dead all 0:11:32.760 --> 0:11:38.000 the way through the trial, and Henry Keo was seen 0:11:38.120 --> 0:11:43.640 as a monster, as South Australia's enemy number one, and 0:11:43.800 --> 0:11:47.280 there was a great deal of focus on getting justice 0:11:47.360 --> 0:11:52.920 for Anna Jane and punishing Henry Keo. But we've seen 0:11:53.040 --> 0:11:58.360 in the case of Kevin Henry that there was very 0:11:58.640 --> 0:12:03.240 little coverage, virtually none, and there was absolutely no call 0:12:03.440 --> 0:12:07.200 for justice for Linda and for her family. Her life 0:12:07.440 --> 0:12:12.280 was given no real value whatsoever. So I wonder Amy, 0:12:12.360 --> 0:12:15.840 as an Indigenous journalist, what you can say, having covered 0:12:16.520 --> 0:12:20.040 these sort of cases for ten years, how race plays 0:12:20.080 --> 0:12:23.199 an impact the differences. 0:12:22.800 --> 0:12:27.280 In coverage is incredibly stark. So obviously Henry Keo's case 0:12:27.440 --> 0:12:31.360 made the front page of newspapers all across South Australia, 0:12:31.600 --> 0:12:34.000 and in some ways it was a problem because, as 0:12:34.200 --> 0:12:38.520 documented in this book I'm Making a Murder by Graham Archer, 0:12:38.559 --> 0:12:40.439 it actually led to a lot of problems with the 0:12:40.520 --> 0:12:44.360 legal process and even a retrial for Henry Keo. But 0:12:45.400 --> 0:12:49.200 the ingredients that made up the Henry Kio story originally 0:12:49.320 --> 0:12:52.640 were very salacious and very enticing to media and to 0:12:52.800 --> 0:12:56.360 the South Australian and even the national public, and involved 0:12:56.400 --> 0:12:59.199 a man who only six weeks later was planning to 0:12:59.280 --> 0:13:03.040 walk down the Eye with this woman. She's found deceased 0:13:03.160 --> 0:13:06.480 in a bathtub and he's been accused of her murder. Then, 0:13:06.679 --> 0:13:08.679 as you were talking about before mut and there is 0:13:08.720 --> 0:13:13.800 all this circumstantial evidence around him taking out life insurance 0:13:13.920 --> 0:13:18.160 policies which came to quite a considerable amount. And so 0:13:18.840 --> 0:13:22.600 through the course of Henry Ko's trial, his second trial, 0:13:23.760 --> 0:13:31.079 and then his numerous appeals and attempts to attempts to 0:13:31.160 --> 0:13:35.839 prove his innocence through over two decades, it was very 0:13:35.920 --> 0:13:39.520 widely covered and at many points I think he was 0:13:39.559 --> 0:13:42.559 seen as one of the worst people in South Australia, 0:13:42.679 --> 0:13:48.400 but this case was national news. His name was a 0:13:48.640 --> 0:13:51.600 household name in South Australia and that of his victim 0:13:51.640 --> 0:13:56.160 as well. She was obviously seen as being like a daughter, 0:13:56.280 --> 0:14:00.319 I guess to a lot of South Australian locals. But 0:14:00.440 --> 0:14:04.360 then if we compare it to for example, Kevin's Henry's case, 0:14:04.440 --> 0:14:07.319 and we've looked through the archives of our local paper 0:14:07.400 --> 0:14:12.000 here the Morning Bulletin, and the day after Linda died 0:14:12.240 --> 0:14:15.160 it made the front page and there was a couple 0:14:15.280 --> 0:14:19.720 of front page articles about it that week, But the 0:14:19.880 --> 0:14:23.400 next year, by the time that the trial had come around, 0:14:23.520 --> 0:14:26.960 and even by the time of Kevin's conviction, the story 0:14:27.080 --> 0:14:29.920 had really fallen to the back of the newspages, so 0:14:30.240 --> 0:14:33.040 to like the fifth or the sixth page, and they 0:14:33.120 --> 0:14:38.720 were only very short stories in the middle of the newspaper. 0:14:38.920 --> 0:14:42.200 And so that gives you a sense that to the 0:14:42.280 --> 0:14:45.680 rock Hampton community and even to the Queensland community, this 0:14:45.920 --> 0:14:49.880 wasn't a big story for them. The victim was Aboriginal, 0:14:51.320 --> 0:14:55.600 she was largely faceless and nameless throughout the proceedings, and 0:14:56.120 --> 0:15:00.360 the alleged perpetrator was also Aboriginal. So it shows again 0:15:00.720 --> 0:15:04.400 just the value placed on Aboriginal lives, particularly the life 0:15:04.640 --> 0:15:09.800 of Linda, that it didn't cause a similar outrage as 0:15:09.960 --> 0:15:14.480 that of Enna Jane Cheney down in South Australia, who 0:15:14.680 --> 0:15:18.320 sadly died in nine to ninety five. Now, Martin, you've 0:15:18.360 --> 0:15:20.760 worked on cases all around the world. Have you had 0:15:20.760 --> 0:15:24.000 a similar experience in the way black and white victims 0:15:24.040 --> 0:15:27.240 of crime and also perpetrators are seen by the media. 0:15:28.600 --> 0:15:33.160 I definitely have, and my experience echoes yours right around 0:15:33.200 --> 0:15:37.160 the world, whether it's in Australia or any continent. And 0:15:37.240 --> 0:15:41.520 I've worked on cases in Africa, Europe, North and South 0:15:41.560 --> 0:15:45.000 America and across Asia and the Middle East, and it 0:15:45.120 --> 0:15:47.720 really is, sadly a black and white issue. And I 0:15:47.800 --> 0:15:50.840 think we've and I think we particularly have to focus 0:15:51.000 --> 0:15:55.800 on whether either party, the perpetrator or the victim is black, 0:15:56.480 --> 0:16:01.480 and that's where the difference changes. So in the case 0:16:01.520 --> 0:16:04.960 of Rodney Reid, who we've spoken about before, in this 0:16:05.240 --> 0:16:08.880 case he was a black man and the victim was white. 0:16:10.680 --> 0:16:16.040 And even to this day, although the evidence is absolutely 0:16:16.200 --> 0:16:19.880 crystal clear that Rodney did not commit this crime, that 0:16:20.080 --> 0:16:23.720 in fact it was a white man who committed the crime, 0:16:23.960 --> 0:16:28.920 who murdered his white fiance. Stacy styes that a large 0:16:28.960 --> 0:16:32.080 percentage of the public just refused to accept this, and 0:16:32.200 --> 0:16:36.720 so there's still a great deal of negative media against Rodney. 0:16:37.280 --> 0:16:41.160 There's still a lot of politicians who want Rodney executed, 0:16:42.040 --> 0:16:47.360 and so it's quite clear that once the evidence is exposed, 0:16:47.520 --> 0:16:51.560 it's also the fact of race that plays a decision 0:16:51.640 --> 0:16:54.560 on whether people are willing to change their mind with 0:16:54.720 --> 0:16:57.200 the evidence right in their face, and we see that 0:16:57.360 --> 0:17:01.480 with Kevin too. I think to take it to an 0:17:01.520 --> 0:17:06.359 even more extreme example is another case I've worked on. 0:17:07.200 --> 0:17:11.200 Now we moved to Europe and the case of Amanda Knox. Now, 0:17:11.320 --> 0:17:18.040 she was young, beautiful, white university student who was accused 0:17:18.080 --> 0:17:23.320 of murder, and the sympathy for her, even as the 0:17:23.440 --> 0:17:26.440 person who was accused, was enormous. So I would say, 0:17:27.280 --> 0:17:32.040 not only was the media coverage extensive, it was global. 0:17:32.080 --> 0:17:36.240 I mean, that's how extensive it was. It was largely sympathetic. 0:17:37.040 --> 0:17:41.920 At least fifty percent was on her side, and we 0:17:42.040 --> 0:17:45.800 saw everyone from President Obama to then Secretary of State 0:17:45.920 --> 0:17:52.359 Hillary Clinton involved. And because she was a young white woman, 0:17:52.720 --> 0:17:58.600 even as the alleged perpetrator, again the victim was forgotten. 0:17:58.720 --> 0:18:02.240 And in this case it did really matter the race 0:18:02.359 --> 0:18:05.360 of the victim. It was the fact that people could 0:18:05.480 --> 0:18:11.639 relate to the alleged perpetrator as being the white innocent woman. 0:18:11.840 --> 0:18:17.639 And so the cases we all know has resulted in movies, documentaries, books, 0:18:17.760 --> 0:18:21.200 there's a Netflix special and although I was glad to 0:18:21.280 --> 0:18:24.560 be part of helping a man to prove her innocence, 0:18:24.720 --> 0:18:29.440 so I think it exposes quite drastically what happens when 0:18:29.480 --> 0:18:31.760 you have a difference in race. 0:18:33.080 --> 0:18:36.080 So, Martin, what do you take from the fact that 0:18:36.960 --> 0:18:41.240 Henry Kio, I mean, rightly, he's been his conviction has 0:18:41.320 --> 0:18:44.040 been quashed after two decades, is now a free man. 0:18:44.800 --> 0:18:47.479 But how do you view the fact that Derek Bromley 0:18:47.520 --> 0:18:50.280 in South Australia, an Aboriginal man, has been sitting in 0:18:50.400 --> 0:18:54.560 jail for even longer. So he was accused of murder 0:18:54.640 --> 0:18:56.399 in nineteen eighty four, so he's been sitting there for 0:18:56.520 --> 0:18:59.760 thirty four years. I mean, what do you take from 0:18:59.800 --> 0:19:03.600 the fact that we're still waiting and Derek Bromley is 0:19:03.720 --> 0:19:06.720 still fighting through the courts to have his name cleared. 0:19:06.840 --> 0:19:10.159 While obviously we had this really great exoneration in the 0:19:10.240 --> 0:19:11.480 case of Henry ko. 0:19:13.480 --> 0:19:17.800 I think, sadly my experience again seeing cases all over 0:19:17.880 --> 0:19:22.200 the world, but where the commonalities are a black and 0:19:22.359 --> 0:19:26.159 non black people. Is that once again race plays an 0:19:26.200 --> 0:19:31.240 issue now for both Bromley and Keo, they're both trying 0:19:31.320 --> 0:19:35.960 to prove their innocence in the same state in South Australia. 0:19:36.600 --> 0:19:40.440 They're both hamstrung along the way by the same laws, 0:19:41.119 --> 0:19:46.440 having to go through the same processes. And where Bromley's 0:19:46.520 --> 0:19:53.359 case was really not known to many people and really 0:19:53.480 --> 0:19:59.280 not widely reported, Keo's case, as we've mentioned, was far 0:19:59.359 --> 0:20:02.959 more widely reported and he really was seen as this monster. 0:20:03.280 --> 0:20:07.680 But the issue here is when you're trying to set 0:20:07.760 --> 0:20:11.639 a new precedent in here, we're trying to prove that 0:20:11.960 --> 0:20:15.800 in Australia the criminal justice system is getting it wrong, 0:20:15.920 --> 0:20:18.480 and we're trying to prove that there are many people 0:20:18.600 --> 0:20:22.800 in prison who are innocent. And so when you run 0:20:22.960 --> 0:20:26.440 test cases, you really want to run a case that 0:20:26.600 --> 0:20:30.600 will be successful because it will impact on all your 0:20:30.640 --> 0:20:34.159 other clients, all the other people who are in a 0:20:34.280 --> 0:20:39.280 similar position who are faced by these same hurdles. Now, 0:20:39.520 --> 0:20:44.200 despite the fact that Derek Bromley has always had far 0:20:44.320 --> 0:20:48.240 more clouds over his guilt, his innocence has always been 0:20:48.440 --> 0:20:53.240 much more obvious and there was far less evidence against him. 0:20:54.040 --> 0:20:56.960 It was the KEYO case that was run with first 0:20:57.119 --> 0:21:01.080 by the courts, and people can draw their own conclusions, 0:21:01.160 --> 0:21:06.320 but mine is that Derek Bromley is a forgotten Aboriginal 0:21:06.440 --> 0:21:11.120 man in prison, just like Kevin Henry. And because there 0:21:11.240 --> 0:21:15.399 is no media coverage, there's no ability to put a 0:21:15.480 --> 0:21:20.920 great deal of pressure on this arbiter of justice, the 0:21:21.000 --> 0:21:25.159 attorney general in both states or even the courts to 0:21:25.240 --> 0:21:29.960 get these cases heard. So once again we see race 0:21:30.240 --> 0:21:34.600 impeding justice and this is something we're really pushing hard 0:21:34.720 --> 0:21:39.560 to change. And something that links both Kea and Bromley 0:21:39.640 --> 0:21:43.880 that makes the fact that Bromley's still in prison very 0:21:44.040 --> 0:21:50.560 bizarre is that is that both cases revolve around evidence 0:21:50.840 --> 0:21:55.320 given by the chief forensic pathologist, Dr Mannock, the now 0:21:55.440 --> 0:22:01.960 disgraced doctor Mannock, and that work for Henry Keo. That 0:22:02.320 --> 0:22:08.040 this man's credibility is completely shot to pieces this forensic pathologist, 0:22:08.280 --> 0:22:14.359 but it still hasn't helped Derek Bromley yet, who was 0:22:14.440 --> 0:22:18.160 subject to the same sort of dodgy evidence being given 0:22:18.280 --> 0:22:22.639 by doctor Manock, even worse in Bromley's case. And I 0:22:22.680 --> 0:22:27.560 think there's something that's been uncovered that shows just what 0:22:27.760 --> 0:22:32.200 sort of attitude doctor Manock had to the Aboriginal community. 0:22:34.760 --> 0:22:38.720 Yeah, it's actually been reported by the same journalists who 0:22:38.720 --> 0:22:41.840 wrote this book Graham Archer on Today Tonight. But it 0:22:41.960 --> 0:22:47.560 really speaks to doctor Mannock's behavior and what he was like. 0:22:47.840 --> 0:22:52.600 So in the late nineteen seventies, Archer writes in the book, 0:22:52.800 --> 0:22:55.320 doctor Mannock was required to travel to the remote to 0:22:55.359 --> 0:22:58.560 a remote location to conduct an autopsy on an Aboriginal 0:22:58.680 --> 0:23:03.280 man who's death unexplained. When he arrived, the local publican 0:23:03.400 --> 0:23:06.520 offered the States Director of Forensic Pathology his cool room 0:23:06.640 --> 0:23:10.760 in which to conduct his investigation. Doctor Manick declined the offer, and, 0:23:10.840 --> 0:23:14.320 according to the police witness, performed the autopsy out in 0:23:14.400 --> 0:23:17.440 the open and in front of onlookers. So this would 0:23:17.440 --> 0:23:21.159 have been an Aboriginal community. He was performing this autopsy 0:23:21.280 --> 0:23:23.680 on one of their community members in front of the 0:23:23.720 --> 0:23:27.800 Aboriginal community. Graham Rsher writes, the scene would have been 0:23:27.840 --> 0:23:33.240 shocking enough, but the police witness's recollection includes the following detail. 0:23:34.080 --> 0:23:38.480 The pathologist so doctor Manick dipped a metal ladle into. 0:23:38.400 --> 0:23:42.399 The bodily fluids and blood within the trunk of the body, 0:23:43.040 --> 0:23:45.560 held the ladle in front of him at arm's length, 0:23:46.200 --> 0:23:49.760 facing the gathered group and made inappropriate remarks. 0:23:51.280 --> 0:23:56.520 That was a statement signed by a police witness in 0:23:56.640 --> 0:24:00.440 South Australia who saw doctor Manick do this conductor open 0:24:00.560 --> 0:24:05.880 autopsy of an Aboriginal of an Aboriginal man in front 0:24:05.960 --> 0:24:09.560 of Aboriginal community members who, if you can imagine, many 0:24:09.600 --> 0:24:12.560 of them maybe could have been members of his own family. 0:24:13.400 --> 0:24:17.360 So that's the forensic pathologist that the South Australian government 0:24:18.200 --> 0:24:21.520 really refused to well, they looked into it, they knew 0:24:21.560 --> 0:24:26.080 there were problems with a lot of his autopsies and 0:24:26.760 --> 0:24:29.560 a lot of his evidence that he'd give in up 0:24:29.600 --> 0:24:32.320 to four hundred trials where he was an expert witness 0:24:32.359 --> 0:24:35.680 in and yet they really looked away. They looked away 0:24:35.760 --> 0:24:38.600 in relation to Henry Kio's case, and they seem to 0:24:38.680 --> 0:24:42.160 continually be looking away in relation to Derek Bromley's case 0:24:42.480 --> 0:24:45.359 and Derek Bromley's appeal, which is currently before the courts 0:24:45.440 --> 0:24:48.560 in South Australia is heavily based on the fact that 0:24:48.760 --> 0:24:53.240 doctor Mennock's forensic evidence was also flawed in his own case. 0:24:55.640 --> 0:24:59.680 This has caused large problems for the South Australian legal system. 0:25:01.000 --> 0:25:05.320 In documents lodged with the Supreme Court of South Australia, 0:25:06.040 --> 0:25:09.960 doctor Colin Manok, the chief forensic pathologist of the state 0:25:10.200 --> 0:25:16.480 for some twenty six years, is described as unprofessional, incompetent 0:25:16.680 --> 0:25:21.800 and untrustworthy and in cases lodged by those who are 0:25:21.920 --> 0:25:27.200 appealing their convictions, it's alleged that not only was the 0:25:27.320 --> 0:25:33.000 evidence given by doctor Manock completely incorrect and inaccurate, that 0:25:33.160 --> 0:25:38.880 doctor Manock was not qualified to be giving expert testimony. Now, 0:25:39.920 --> 0:25:44.280 this is very similar to Kevin Henry's case, where what 0:25:44.480 --> 0:25:48.680 we see is huge holes in the forensic evidence, and 0:25:49.320 --> 0:25:53.159 as we've had this evidence retested, we've been able to 0:25:53.280 --> 0:25:57.399 expose some of that. Now we also have the issue 0:25:57.520 --> 0:26:01.879 of just as Amy described about doctor Mannock's behavior with 0:26:02.000 --> 0:26:06.600 the Aboriginal community, that the same has occurred in Queensland 0:26:07.880 --> 0:26:12.320 and in Kevin Henry's case. Now there's many examples, but 0:26:12.400 --> 0:26:16.399 I'll just point to a few. Firstly, the way Linda 0:26:16.560 --> 0:26:21.359 was treated as the victim. Remember that her body was 0:26:21.480 --> 0:26:27.320 found in the Muddy River, but before an autopsy was conducted, 0:26:27.920 --> 0:26:32.080 her body was washed and hosed down. What sort of 0:26:32.200 --> 0:26:36.440 way is this to treat a human being? And it 0:26:36.560 --> 0:26:41.040 also meant that much of the evidence was destroyed and 0:26:41.200 --> 0:26:44.200 that it meant getting Kevin Henry a fair trial was 0:26:44.359 --> 0:26:49.840 almost impossible. Now we also have to consider some other 0:26:49.960 --> 0:26:53.800 things about the forensic evidence and the way the police 0:26:54.000 --> 0:26:59.800 and prosecution dealt with it. Remember, Kevin Henry is convicted 0:27:00.640 --> 0:27:04.920 of both rape and murder, and as we've previously discussed 0:27:04.960 --> 0:27:09.640 on this podcast, even according to the original forensic expert, 0:27:10.560 --> 0:27:15.480 not only was Linda not raped, no sign of sexual 0:27:15.560 --> 0:27:21.680 intercourse was found during any of the forensic examinations. So 0:27:21.880 --> 0:27:26.000 here we have a state in Queensland that would allow 0:27:26.320 --> 0:27:31.600 Linda's family to believe this horrific crime of rape had 0:27:31.680 --> 0:27:37.360 been committed against her when it clearly hadn't. The evidence 0:27:37.440 --> 0:27:41.800 showed no sexual intercourse had taken place, let alone rape. 0:27:42.320 --> 0:27:46.520 And then, of course, to compound it, Kevin Henry, now 0:27:46.760 --> 0:27:50.040 clearly shown by the evidence to be an innocent man, 0:27:51.000 --> 0:27:55.080 is still having this conviction of rape hanging over his head, 0:27:55.600 --> 0:27:59.280 and it's quite clear he did not commit that crime, 0:28:00.160 --> 0:28:03.920 or did he commit the murder, which the forensic evidence 0:28:04.160 --> 0:28:07.960 also shows. It does not show his guilt. But of course, 0:28:08.040 --> 0:28:12.600 as we've pointed out in the past, only the forensic 0:28:12.720 --> 0:28:16.600 evidence and it was very little to none that fit 0:28:16.760 --> 0:28:21.200 with the police story was ever presented in court because 0:28:21.760 --> 0:28:25.440 all they could rely on was a confession that, once 0:28:25.480 --> 0:28:30.040 again remember, was taken after they had produced a firearm 0:28:30.359 --> 0:28:35.040 to get Kevin Henry to confess. So just briefly before 0:28:35.119 --> 0:28:39.000 we end the episode to give an update on Kevin's case. 0:28:40.200 --> 0:28:44.200