Channel 7 - Today Tonight (Adelaide)
Keogh's Second Petition Rejected - 24 December 2002

This version of the transcript has been edited by Dr Robert N Moles

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In order of appearance

Kevin Borick QC
Rohan Wenn
Dr Bob Moles
Paul Rofe QC - Director of Public Prosecutions

Program

Kevin Borick:

I think the decision is a reflection on our justice system ...it's a disgrace.

Rohan Wenn:

It's been 8 years since young attractive Adelaide lawyer Anna Jane Cheney was found dead in her bath. And almost seven years since her fiance Henry Keogh was sent to jail for her murder. Do you believe that Anna Jane Cheney was actually murdered?

Bob Moles:

No I don't believe that there is any sufficient evidence to indicate that a crime took place at all.

Rohan Wenn:

Earlier this year we brought you a story analysing the high profile cases, and specifically the evidence given by this man - Dr Colin Manock.

Kevin Borick:

The evidence given by Dr Manock was wrong in the Keogh case and in many other cases was wrong.

Rohan Wenn:

Dr Colin Manock was the State's Head of Forensic pathology for almost 30 years. But amazingly, Manock had no formal qualifications in the crucial field of histopathology. So he had no training but they still gave him the gig?

Bob Moles:

He was given the job and then there were some notes in the early proceedings where they said, we know we were taking a bit of a risk because we're appointing somebody without proper qualifications, but it was our view that he would get the qualifications after he was appointed.

Rohan Wenn:

You'll remember throughout the trials Manock gave evidence that has since been widely criticized by other pathologists, who are vastly better qualified. One of the pathologists said that no pathologist in Australia or anywhere else for that matter would agree with doctor Manock. At the time of the Keogh trials, questions had been raised about Dr Manock's finding on the deaths of three infants. Manock claimed the babies had died of bronchopneumonia - but a coronial inquest would later find the children may have actually been beaten to death. No-one has ever faced charges.

Bob Moles:

Why would the Coroner appoint Dr Manock to do the autopsy on Anna Cheney when he had extensive evidence over the previous 12 months that he wasn't doing his job properly?

Rohan Wenn:

Kevin Borick QC, Former Law Professor Bob Moles and others spent months poring over the evidence presented at trials, and believe that Henry Keogh was wrongly convicted.

Kevin Borick:

There are a lot of victims and Henry Keogh is one victim of the system.

Rohan Wenn:

Director of Public Prosecutions - Paul Rofe - was the man who prosecuted Henry Keogh in the two murder trials, the first ending in a hung jury.

Paul Rofe:

This whole process has been upsetting for the Cheney family, and this is just...

Rohan Wenn:

We certainly don't want to upset the Cheney family, but if there are two victims here and one of them is in prison, shouldn't we have a look at it?

Paul Rofe:

Oh yes, I'm not afraid of media scrutiny, but I think that it's got to be properly based.

Rohan Wenn:

Our story detailed a number of important facts that were never properly dealt with during the trials - from a contaminated crime scene, to bruises that were later found not to be bruises, plus indications the body had been tampered with. Police photos actually show Anna Jane's hair had been combed and make-up had been applied to her face.
It does indicate that someone has been dealing with the body.

Paul Rofe:

That's your interpretation of it.

Rohan Wenn:

Well how else does she get her hair made up?

Paul Rofe:

I have no idea, but it may be someone doing it out of respect for a dead person.

Rohan Wenn:

Which is fine except it does indicate that someone has been dealing with the body.

Paul Rofe:

Well it may have been a coroner's assistant, I don't know.

Rohan Wenn:

Making her up at the scene of death?

Paul Rofe:

I honestly don't know but it doesn't concern me.

Rohan Wenn:

Then there was the startling admission from South Australia's Director of Public Prosecutions that he wasn't aware of SAPOL's Police Forensic Guidelines - which should the basis of any thorough investigation.
Was it unfortunate that Manock was the only one who got to see the body?

Paul Rofe:

No as I said that was the established procedure at the time.

Rohan Wenn:

But it goes against the police forensic guidelines?

Paul Rofe:

Well I haven't seen those, and I'm not aware of them.

Rohan Wenn:

And there was that video which clearly shows it would be virtually impossible for anyone to drown an adult woman in the manner described by Dr Manock.

Kevin Borick:

The sad thing is that nobody attempted the reconstruction and nobody looked critically at what Dr Manock was proposing.

Rohan Wenn:

More - the group argue - Anna-Jane may simply have slipped over and drowned. Following our program lawyers Kevin Borick, fellow lawyer Chris Patterson and Bob Moles presented a Petition to the Governor, detailing their concerns and asking that the Keogh case be properly reviewed. But in the sort of seemingly cynical exercise that is fast coming to define this Government, just two days before Christmas, Attorney General Michael Atkinson has begun notifying the lawyers to say the matter won't be reviewed.

Kevin Borick:

To bring the decision out when everybody's on holidays and everything happening is a cowardly decision in my view.

Rohan Wenn:

Undeterred, Kevin Borick says that the group won't back down, and won't be intimidated by the Adelaide establishment.

Kevin Borick:

The government and the DPP and the Advertiser seem to think that the public is confident in the justice system - but if they are, it's misplaced.

Rohan Wenn:

The top QC finishing off with his own Christmas message for the Attorney General.

Kevin Borick:

I think he thinks he's playing one day cricket, when in fact he's playing a test match. There's a long way to go and this is just the beginning.

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