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ON 8 April 2008 Channel 7 Today Tonight reported on “Further developments in the Keogh case”.

Rosanna Mangiarelli: Last week the Attorney-General accused this program of misleading the public over aspects of the Henry Keogh case, mainly regarding the insurance evidence. While never taking a position on guilt nor innocence, we have raised concerns that there cannot be a fair trial when crucial facts are withheld from court - most particularly if the case, like Keogh's, is circumstantial. So tonight we re-examine what facts exist on the insurance policies, and in the spirit of full disclosure, reveal for the first time information we've had for six years showing the prosecution did withhold sensitive medical evidence from the court. Graham Archer has the details.

Attorney General Michael Atkinson press conference last week [to Graham Archer]: ... you've obscured deliberately from the public of South Australia the evidence regarding the insurance policies and for the last few years you've refused to run in your program that Henry Keogh falsified and admitted falsifying the signature of the deceased on life insurance policies running into millions of dollars.

Graham Archer: Simply not true. But we have focussed on the flawed forensic evidence in the Henry Keogh case, for the obvious reason such things undermine our system of justice. But now there's more.

Paul Rofe QC former DPP [file tape] ..Just hang on a minute ... yeah sure...

Graham Archer: .. and quite rightly we've reported things as they've arisen. But hold that thought. So we can never be accused of ignoring it, let’s look again at the insurance evidence, and some new evidence that's never been revealed. 

Graham Archer: The prosecution case was that Henry Keogh cooked up a scheme - taking out 5 insurance policies, totalling  1.2 million dollars, that Keogh secretly signed Anna Jane Cheney's name on the policies and the cheques paying the premiums - and then 12 months later murdered her for the proceeds.  The first jurywas not persuaded.

File tape news: After 10 hours of deliberation the jury was deadlocked ..

Graham Archer: and the jury second one was persuaded. Of course, it was just a theory as the evidence was entirely circumstantial. So what were the facts as far as we know them?

Fact one:

In 1992 Keogh and Anna-Jane worked for the State Bank which had just lost 4 billion dollars and was on the brink of collapse... [Editorial note: Henry worked for the State Bank, but Anna worked for a legal firm with whom she was having difficulties. She resigned around that time and had a period of unemployment before joining the Crown Solicitor’s office before taking up her new job as Head of Professional Conduct at the Law Society].

File tape news: … one the first worries is the likelihood of big job losses with the Bankers Employee Union predicting 500 staff will be axed .

As a lawyer Anna could easily find other work but, not so easy for Keogh who as a fall-back set up agencies with five insurance companies.

Fact two:

These agencies would lapse if insurance wasn't written for each one on a regular basis - and it was a common practise to write more or less bogus policies to keep agencies alive.  

Fact three:

Keogh signed up a number of policies for genuine customers - some others covering his own life - as well as the five in question, two covering both Anna and himself, and three on just Anna's life alone. 

Fact four:

The premiums for the five policies came out of a joint account which Anna helped Keogh set up - and to which she had full access.

Fact five:

Keogh volunteered the fact he'd signed her name on all five policies. Initially he said "no comment" to police on legal advice. He claimed he feared a charge of insurance fraud. The prosecution claimed it was to hide his guilt.

Fact six:

The DPP confirmed in court that: "The deceased knew of some of the insurance ... but not all"

This meant that Anna knew he'd signed her name on at least some of the policies - and obviously approved.

Fact seven:

Some media quite wrongly reported all the policies were a total secret. This is still what many people believe.

Fact eight:

Keogh's ex-wife Sue gave evidence that it was normal for him to sign her name on insurance and other financial documents.

Sue Keogh [file tape]: Well while we were married, as a matter of convenience, Henry always signed my papers for me, and he had my permission to do that, it was just a matter of convenience.

Fact nine:

There is documented evidence that Anna in fact knew about all five policies. Their weekly premiums totalled $36.00. The exact amount Anna put down as her weekly "life insurance" expenses in two separate bank loan applications she made in Nov 1993 and March 1994.

Fact ten: 

The DPP argued this $36 represented her “mutual hospital” and “income protection” payments - when in fact both had been cancelled months before the loan applications were made.

Fact eleven:

Anna's brother Marc gave evidence that in a discussion about wills she'd told him she had $400,000 worth of life insurance.

Mark Cheney trial transcript: "... (she) told me had some insurance and the amount was $400,000"

Fact twelve:

Keogh told police only two of the five policies were genuine - the two covering injury and death for both of them –these added up to $400,000, precisely the amount Anna had mentioned to her brother.

Fact thirteen:  

When the Cheney family later claimed the insurance for themselves, it was only those genuine policies they could claim on - that is $400,000.

The family's statement of claim states: "Cheney advised her mother, father and brother that she had life insurance cover for $400,000  ... by implication the policies  were ... valid and enforceable and arranged by Keogh in good faith."

Exactly as Keogh had described things.

Fact fifteen:

Keogh handed over the policies to the police, voluntarily, days after Anna's  death. The first folder contained the so-called “non-genuine” policies. A day or two later he found the second folder containing the genuine policies worth $400,000.

Fact sixteen:

Keogh's lawyer wrote to the insurance companies to notify them of the death on receipt of the genuine policies. It would have been negligent of a lawyer to do otherwise.

Fact seventeen:

Keogh continued to pay the premiums by direct debit after Anna-Jane's death. This action was viewed as a sign of guilt, but it hardly mattered one way or the other.

Fact eighteen:

If in the first few days after the death of his fiancée he had denied there was a will - in handing up the policies he was still revealing the fact that he was beneficiary.

Fact nineteen:

Last week the Attorney-General was prepared to mislead the media and the public by claiming "………millions of dollars of insurance …” Again that was … "………millions of dollars of insurance …”

Fact twenty:

The AG knew this was untrue. It was never millions. In fact, at most it was probably $400,000, which at very least makes murder a less attractive proposition. Now to those affairs.

Fact twenty one:

Evidence was given that Keogh had affairs with two women. He was presented as a cad who'd betrayed his loyal fiancée. This again dominated the media coverage and forever influenced the public’s view of the case. But we are in trouble if infidelity makes men, including politicians, murderers.

Fact twenty two

However, we can now reveal that the forensic evidence was not the only evidence withheld from the juries and the defence.

Paul Rofe former DPP [file tape]: We were aware of her previous medical history and that was made available to defence.

Graham Archer: This claim from the DPP is just not correct. Anna's medical records were not released to the defence. And now if you want further proof here it is.

Fact twenty three:

Today Tonight have known for many years Anna-Jane Cheney had a pregnancy test prior to her death. To her relief it was negative. And why? Because it could not have involved Henry Keogh. Keogh had had a vasectomy years earlier. He could not have been the father. So, it would appear, Anna-Jane had secrets of her own, and they were allowed to remain just that. When we raised the issue of her medical state with the DPP 6 years ago it became clear he and his legal associate off camera were well aware evidence had been withheld.

DPP and associate [file tape]: and for us to explain that is another thing her family have to deal with.

Graham Archer: No such consideration for Henry Keogh's family.

There is other evidence, of course, from both sides, none of which absolutely answers the question of whether Keogh did or did not murder his fiancée. All the more important that the jury be given all the facts. Sadly, we have a Chief Law Officer who applies the rules selectively himself. Last week his lips were sealed from discussing the unprofessional conduct finding against pathologist Dr Ross James because he'd appealed.

Michael Atkinson media conference last week: But it would be high inappropriate for me to comment while that appeal was in train.

Graham Archer: And yet yesterday in Parliament he came out barracking for Dr James in the face of pertinent questions from opposition leader Martin Hamilton-Smith.

Michael Atkinson in Parliament: Dr James is highly respected by the legal profession and I note my colleague the member for Adelaide [Jane Lomax-Smith a pathologist] interjects "Hear Hear".  

Graham Archer: Isn't it great to have friends in high places? Dr James apparent expertise is all the more reason there's no excuse for his conduct. Enough said - except to remind the Attorney-General of the one thing he said which did make sense:

Graham Archer to Attorney-General at media conference: The key thing here is that two senior pathologists misinformed juries in this State is that okay by you?

Attorney-General Michael Atkinson at media conference: No, it isn’t.

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