Channel 7 - Today Tonight (Adelaide)
The Case of Stacey Lee Brown - 15 July 2003

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

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In order of appearance

Leigh McCluskey - presenter
Rose - aunt
Graham Archer - producer and interviewer
Thelma - grandmother
Anne - cousin
Sue - aunt

Program

Leigh McCluskey

Stacey Lee Brown was young and attractive, with everything to live for. Until last July when she was shot in the face. A man charged with her death, Darren Schmidt, claimed it was an accident. But Stacey's family says that just doesn't make sense. They're also angry that information they say was vital to the case was withheld and crucial questions were never asked or answered. As Graham Archer reports in this special investigation, they're asking "where is the justice?"

Rose

I was just absolutely dumbfounded. To think that someone's life is worth just 15 months.

Graham Archer

Thelma, this is more or less your shrine to Stacey, isn't it?

Thelma

Yes, yes it is.

Graham Archer

You've devoted an entire room to -

Thelma

To her, for her.

Anne

Her life was worth a lot more than that.

Graham Archer

It's yet another case of South Australian rough justice. A young life taken and an anguished family left wondering who's standing up for them.

Anne

Going through court we've been told that he's had - assault charges.

Sue

Road rages -

Anne

Road rages, or attacks with people, yes.

Graham Archer

He's also had orders to disqualify him from the possession of firearms.

Anne

That's correct, but that has never been brought up at any stage, or through the court trial period.

Graham Archer

So, he's had firearms in his possession illegally?

Rose

All the time.

Graham Archer

Or he's misused them?

Anne

In the past.

Graham Archer

In the past?

Anne

Yes.

Graham Archer

It's a numbing tale of how a bright attractive young woman, Stacey Lee Brown, was shot dead. But no trial ever took place.

Anne

He kept contesting no comment every time he was taken into court - in the beginning of the trial.

Graham Archer

Stacey's killer was this man Darren Schmidt, and his gun ended a life of promise, one which had already overcome serious odds as it was.

Anne

She was a housekeeper in at the Hyatt Hotel. Loved going to work. Loved being around people, that she could communicate with people. She had excellent communication skills with people and just loved her job.

Graham Archer

For those from more privileged beginnings, it was a modest job. But considering Stacey was abandoned by her parents when two weeks old, brought up by a loving and loyal extended family, including grandmother Thelma, aunts Sue and Rosemary, and devoted cousin Anne, Stacey had triumphed and was on her way to bigger things.

Rose

She had a topsy turvy beginning, but that never stopped Stacey from being a loveable person. She just had lots and lots of friends and everybody loves Stacey; everybody loved Stacey.

Graham Archer

But in July last year, Stacey's promise was cut short by a bullet. On that evening she was taken to Schmidt's place by a friend Michael Bow after celebrating her birthday with family. The story accepted in court was that Schmidt had spent all day moving house, leaving a loaded 9mm hand gun on the kitchen bench. Here's how Judge Sulan summed up the killing of Stacey Brown.

Judge Sulan voice over

Ms Brown picked up the gun and was playing with it. You told her not to play with it, and asked her to give it to you. She handed it to you butt first, so that the barrel was pointed in her direction. It discharged. She received a fatal single gunshot wound to the area of her left eye.

Graham Archer

Michael Bow in his statement said he entered to find Stacey on the floor and an angry Schmidt who ordered him out.

Anne

I received a phone call from my mum and I couldn't believe it. I just couldn't believe what she was telling me, that Stacey had been shot and killed. It's just something you didn't want to ever hear.

Graham Archer

It was three days before the family had any idea of Stacey's fate.

Anne

We hadn't heard nor seen from here for three days and she hadn't turned up for work that morning.

Graham Archer

Shock enough to lose Stacey but what followed in the name of justice made matters so much worse. Initially Schmidt was charged with murder, but this was downgraded to manslaughter following the most generous of deals struck between Paul Rofe and Schmidt's lawyer Craig Caldicott and barrister Lindy Powell.
So, the DPP Paul Rofe called you into his office to say what?

Anne

To tell us that the charges had been dropped to manslaughter, not to murder. That we were all to be prepared that he would get a very light sentencing due to the fact that he was pleading it was an accident what had happened.

Graham Archer

And then the ultimate insult. Justice Sulan's docile acceptance of almost all of Schmidt's story and despite stating -

Justice Sulan voice over

The maximum penalty for manslaughter is life imprisonment. I accept in so far as this offending is concerned it is at the lower end of the scale.

Graham Archer

The judge gave him just 15 months, 11 of which he'd already served on remand.

Rose

He's got 15 months holiday, that's how I feel, I am devastated.

Graham Archer

But the really alarming thing is the enormous gulf between what Judge Sulan accepted as the facts and what the family believes should have been taken into account.
Do you think the agreed facts between the prosecution and the defence should have been accepted by the judge?

Anne

No they shouldn't have been, no.

Graham Archer

Even more troubling, the judge ought to have known there was more to this case than stated in the agreed facts. For starters, key witness Mr Bow refused to testify and the reasons were suppressed. But there was much more, starting with the gun itself.

Graham Archer

Does it sound to you like Stacey would play with a loaded hand gun?

Anne

No way at all. No, she never ever liked guns. No one would ever ever make me believe that she picked that gun up and played with that gun.

Graham Archer

At no point did the judge ask why Schmidt might possess an illegal hand gun. Nor was there any suggestion of further firearms offences, despite Schmidt's obvious misuse of such a deadly device.

Rose

Why would he have a loaded hand gun in the house?

Graham Archer

Where's the gun now?

Anne

We've never been told where the gun is. We believe it was disposed of out of the house that evening.

Graham Archer

So it's just disappeared off the planet?

Anne

Off the face of the earth, that's right.

Graham Archer

Then there's the question of Schmidt's background aside from his bikie connections.

Voice over Justice Sulan

You completed year eleven at school and then worked as a panel beater. You left that employment when you had a disagreement with the proprietor who did not approve of your relationship with his daughter. As a consequence of that disagreement you were charged and convicted of assault occasioning actual bodily harm, resulting from an altercation between you and your then boss.

Graham Archer

Justice Sulan ignored most of Schmidt's criminal references, but eagerly accepted those of his friends

Voice over Justice Sulan

I have had regard to a number of references from friends, who speak highly of you. All of them talk of your generosity, your loyalty, and your strong family values.

Graham Archer

Sulan went on to describe Schmidt as a devoted father and partner, failing to mention prior restraining orders taken out by his fiance. But the hardest thing the family had to swallow from the judge was this.

Voice over Justice Sulan

I have little doubt that these events have left a deep impression upon you. You are truly remorseful for what has happened.

Anne

He never shed a tear. He never showed any remorse. Even his face, he never looked in our direction to even show any remorse towards a family sitting in the docks. There was no remorse from him.

Graham Archer

But the judge went on.

Voice over Justice Sulan

You have no abnormal psychiatric or psychological conditions. You are extremely affected by what has occurred. You have a great concern for those who have been affected by these events. You think of the family of the deceased, and you think of your own family, from whom you have been parted since you were arrested on the fourth of August.

Graham Archer

Has he ever made any contact with you as the family?

Sue

No

Anne

No

Rose

No, nothing.

Graham Archer

Nothing from his lawyers?

Rose

No

Anne

No

Sue

Nothing

Graham Archer

No attempt at all?

Rose

No.

Anne

No

Sue

No

Graham Archer

None of this seems to have registered with Judge Sulan.

Voice over Justice Sulan

I have no doubt that you personally have been punished enormously and you will have to live with the fact that your conduct caused the death of a young woman.

Anne

We've just got this great big emptiness and we don't even feel like we've just got any justice for Stacey's death at all.

Graham Archer

Schmidt had been drinking all that day, and continued to drink. Beside from why he had the gun, even with the accidental discharge the gun had to be cocked. And who would hand over a gun with the barrel pointing at their own head at point blank range?

Anne

Stacey was not the type of person to touch anything like that, or have anything to do with guns at all.

Graham Archer

And the judge accepted what he was then told happened next. You telephoned 000. You panicked and left the scene. You telephoned a solicitor.

Rose

What happened when the ambulance came? They had to go into an empty house and find Stacey on the floor by herself. And he's saying he's got remorse for our family?

Graham Archer

No mention was made that Bow described Schmidt as angry. Schmidt says he called 000 minutes after the shot was fired. But the family have seen no evidence which reveals the timing of these events, particularly considering both men bolted.

Graham Archer

So, Bow bolted as well? Schmidt and Bow both?

Rose

Yes, and left Stacey alone.

Graham Archer

Schmidt contacted police anonymously at 1am to falsely report an intruder at the address. Then, days later, made contact through his solicitor Craig Caldicott. But it's clear the full story has not been told. For example, Stacey's aunt Sue with whom she lived returned home that night to a disturbing scene.

Sue

My chest of drawers, like a little three drawer chest was up against my wardrobe and I turned my bed back to get into it, and it was like a boomerang - a wrought iron bed had been broken on one side.

Graham Archer

She also found Stacey's purse and cigarettes left behind.

Sue

Stacey was very much attached to a velvet handbag, like a shoulder bag, and I - that was with her twenty four hours a day. Her cigarettes, her hair brush, everything went with her wherever she went, and that was all left on her bedroom floor. Just like it was dropped there.

Graham Archer

Whatever occurred, the family say that they are left with nothing but silence, anger and grief.

Graham Archer

It must have been a terrible shock.

Thelma

It was - it was. I haven't got over it yet.

Graham Archer

Made worse when the system doesn't support the family?

Thelma

That's right - that's too right.

Graham Archer

Their anger is directed at those in the justice system, particularly the DPP who they believe settled too easily.

Sue

We asked about the gun. We asked about her phone that still has not been found, like just the keys of my house, the keys of her car, and he just sat there and said "Oh, I'll just check into it".

Graham Archer

What do you think of the performance of the State's Director of Public Prosecutions?

Anne

Pretty disgusted myself.

Sue

I think it's very poor.

Graham Archer

And while at the sentencing the defence were present, and someone from the DPP's office, there was further insult to their sense of injustice.

Graham Archer

When the sentence was being read out, where was Paul Rofe?

Rose

Outside.

Anne

Outside. When we left the court room we found him sitting around the corner in the cafe having a cup of coffee outside smoking and then meeting with Schmidt's counsel.

Graham Archer

And if that wasn't enough, Schmidt expressed shock through his lawyer at the severity of the sentence.

Woman interviewer

He must be pleased with the results?

Craig Caldicott

Oh, its, he's still in shell shock. He's still waiting to see what happens, he's going to -

Anne

I don't understand how he can be shell shocked with the decision when he run out and hid and all these factors come into it.

Graham Archer

And last week, the DPP declined to appeal the sentence which the family say has disgusted the police.

Rose

The police are unhappy of what's happened. How the DPP put the case to the court. With the job that they've done, and the excellent job that they've done, has just made them look complete and utter fools.

Graham Archer

As we've been saying, if the Rann government is really honest about getting tough on crime, they need to address the real problem - the functioning of the criminal justice system. Who knows what happened that night? But surely an accidental death in these circumstances deserves harsher penalty? In the meantime, the family is left with nothing but a sense of betrayal.

Sue

She would want to know. She would want us to go all the way to help to find out what happened.

Rose

Stacey was a fighter all of her life. She had to fight all of her life, and I'll fight for her life. That she was not just a nobody. She was Stacey, and she deserves to be treated as a human being.

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