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[This edited version of the report has been prepared by Dr Robert N Moles]

Mallard v The Queen 2005
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On 8 August 2007 Colleen Egan of the Sunday Times reported “Forensic pathologist grilled”

Special Blog on the Mallard case by award winning journalist Colleen Egan - details here

She said that the state's chief forensic pathologist, Clive Cooke, faced intense questioning at the CCC today over the way he documented the Pamela Lawrence murder case. Dr Cooke made no records of weapon testing on a pig’s head in 1994 that showed that a Sidchrome wrench – the weapon nominated by Andrew Mallard in his police interviews – did not cause Mrs Lawrence’s injuries. The test was mentioned by then-detective Mal Shervill in a letter to the DPP that was not disclosed to Mr Mallard’s defence.

Dr Cooke, who testifies in dozens of court and coroner’s cases each year, was not represented at the CCC. Half-way through the questioning by Jeremy Gormly SC, police defender Ron Davies QC interrupted, saying he didn’t believe Dr Cooke was prepared for “an attack”. “I know it’s not my business but I’ve worked with Dr Cooke for a long time and I think he should get some (legal) advice,” he said.

Commissioner Dunford disregarded Mr Davies’ comments and instructed Mr Gormly to proceed. During the exchange, Dr Cooke said that he had never been asked by police to alter one of his reports. Earlier in his evidence Dr Cooke testified about having done both the autopsy of Mrs Lawrence and the autopsy of Brigitta Dickens, who was killed by Englishman Simon Rochford seven weeks later, in July 1994.

The cold-case review team found last year that Rochford was likely to have killed both women with the same weapon. He said that because Ms Dickens’ body was not found for three days, there were “degenerative changes” that meant the wounds were more difficult to assess. There was no record of any blue paint being in her wounds, similar to the paint found in Mrs Lawrence’s injuries and in a backpack belonging to Rochford. He said the blue paint in Mrs Lawrence’s wounds was found on the skull and that Ms Dickens was struck only twice. Dr Cooke will continue his evidence tomorrow.

Earlier today

Police would not have charged Mallard with murder in 1994 without the advice of the then-DoP, Supreme Court judge John McKechnie, the CCC has heard. Then-detective David Caporn told the inquiry that a meeting with Mr McKechnie on 19 July 1994 resulted in Mr Mallard being prosecuted for killing Pamela Lawrence, despite weaknesses in the case against him. Mr Caporn, now an assistant commissioner, said he could not remember what was said at the meeting the day before Mr Mallard was charged, or what evidence Mr McKechnie was provided with. “I don’t recollect one word that was said at the meeting,” he said. “My recollection is that the outcome of the meeting was that we should proceed.”

Mr Mallard was charged the following day and spent almost 12 years in jail for the murder, which is now believed to have been committed by Englishman Simon Rochford. Mr Caporn has told the CCC that even after 17 June 1994, when the now-infamous “third-person confession” video was recorded, he was not sure if Mr Mallard was the murderer. “It was a very complex case,” he said.

“My recollection is that nobody at Major Crime was in a position at that date to make a decision on that a charge should proceed.

“My understanding is that if Mr McKechnie had said there isn’t a brief here, we wouldn’t have gone any further.”

The CCC has heard that no notes of the meeting have been located. Mr Mallard spent almost 12 years in jail for the murder, which is now believed to have been committed by Englishman Simon Rochford.

Source: 8 August 2007 Colleen Egan Sunday Times “Forensic pathologist grilled”

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