Channel 7 Today Tonight (Adelaide) 3 November 2004

Henry Keogh and the Medical Board

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

In order of appearance

John Riddell, Presenter
Dr Bob Moles, Author, A state of injustice
Professor Gale Spring, Forensic Photography, RMIT, Melbourne
Graham Archer, Producer and Interviewer
Professor Derrick Pounder, Professor of Forensic Pathology, Dundee, Scotland
Professor Stephen Cordner, Head Victorian Institute of Forensic Medicine
Dr Byron Collins, Melbourne, Independent Pathology Services
Professor Tony Thomas, Forensic Pathologist, Flinders Medical Centre,
John Nader QC, Former Supreme Court Judge, NSW
Kevin Borick QC, Adelaide
Professor Maciej Henneberg, Head of Anatomy, Adelaide University
Alan Logue, Film Developer.

Program

John Riddell

First tonight, could there be progress in the Keogh case at last? Today for the first time the South Australian Medical Board heard evidence during an inquiry into the professional competence of pathologist, Dr Colin Manock. The State's former Chief Pathologist worked on thousands of cases, including the murder conviction of Henry Keogh - and we've now learnt what we've always suspected - that more autopsy photographs were taken than have been disclosed. The question now is why and what else has not been revealed? Well possibly quite a lot. Access is still being denied to the original police and forensic negatives which contain the only meaningful clues both to the cause of death of young lawyer, Anne-Jane Cheney - and to the conduct of those whose job it was to properly investigate, gather and record all of the available evidence before deciding the outcome. Graham Archer has the story so far.

Prof Gale Spring

By not showing us the negatives you can draw your own conclusions. Is there something to hide? Have they lost them? Did somebody spill coffee on them? We just need to know that.

Bob Moles

Our system instead of serving the public has begun to serve itself and has become distanced from the public and their needs and we need to correct that.

Graham Archer

Sooner or later something in our justice system has to give - and today's Medical Board hearing maybe the hearing.

Prof Derrick Pounder

Objectively, we can say we don't know because we never measured the quality. No one ever measured it. If you don't audit it how do you know?

Graham Archer

As we have been signalling for years, the State is facing the biggest legal crisis of confidence - possibly in the country's history.

Dr Byron Collins

I'm utterly shocked that these things can have gone on.

Graham Archer

What's equally disturbing is that many of the criminal law fraternity, state authorities and politicians have turned their backs on these warnings.

Kevin Borick QC

We've had a Petition before the Government and we've been waiting two years to get a response and we've been blocked or delayed all along the line.

Graham Archer

Of the dozens - if not hundreds of questionable South Australian criminal cases, perhaps the best known is the conviction of Henry Keogh.

Prof Stephen Cordner

My view, and I said it at the trial, is that I don't think this case would have got to court in Victoria.

Graham Archer

Over the years, Today Tonight with the growing support of respected experts like Victoria's top Pathologist, Professor Stephen Cordner, has revealed a catalogue of failures stemming from the actions of former Chief Pathologist, Dr Colin Manock which in other states would have guaranteed an immediate inquiry.

Dr Byron Collins

If there is an inconsistency, then yes - I think that should be investigated with as much rigour as possible.

Graham Archer

Today, Pathologists Byron Collins and Tony Thomas who've also expressed grave doubts about Dr Manock's work gave evidence before the Medical Board. The information that's gone to the court, do you think that's been dealt with satisfactorily?

Prof Tony Thomas

I think one would have to say no.

John Nader QC

It seems to me that there should be no hesitation about ordering an investigation.

Graham Archer

John Nader is a former NSW Supreme Court judge who says due process in the Keogh case appears to have comprehensively failed.

John Nader

For a person involved in the prosecution to say there was ‘other weighty evidence’ against an accused person in any event is just no answer. It shows a complete misunderstanding of the judicial process.

Graham Archer

Today Tonight's concerns stem right from the scene of death of lawyer, Anna-Jane Cheney. They range from the inadequate collection of evidence, unexplained phone calls to eyewitness accounts that conflict with each other as well as the photographic evidence. And then there's the question of the missing car and the revelation that there was simply not enough water in the bath to drown a person in the manner the prosecution proposed.
Consider that level? Would it have been possible by the prosecution's theory to drown a woman like Anna-Jane Cheney of that size in that amount of water?

Prof Maciej Henneberg

If the head is kept straight facing upwards - certainly not - because the distance from the back of the head to the base of the nose is approximately 20 centimetres.

Graham Archer

And more alarming - claims of interference with the body itself.

Kevin Borick QC

There are marks which are appearing on one photograph in particular as that photograph has been enhanced which lead to a view that part of the face of the deceased was interfered with.

Graham Archer

Kevin Borick QC took on the case some years ago and now over 20 medical and forensic experts have added their voices to calls for an inquiry. Amongst them is Adelaide's Professor Maciej Henneberg who has recently confirmed there are alterations to the face of the deceased - from one police photo to the next - taken at the scene of death.
Given the timeframe, is that a change that could possibly occur naturally?

Prof Maciej Henneberg

I would think it was impossible in such a short period of time for a natural change to occur - and for the swelling to simply somehow go away. It had to be removed by an action of a person.  

Graham Archer

So it would require human intervention within that timeframe to change her appearance from this to this?

Prof Maciej Henneberg

As an anatomist - I would say yes. Yes.

Kevin Borick QC

There is no doubt that the appearance of the face was altered - and there is no doubt the jury were never informed of that fact - and there is no doubt that those alterations were significant on the issue of cause of death.

Graham Archer

The mounting possibility is that Anna-Jane's swelling was caused by an extreme allergic reaction. Similar events are well documented - but the most startling aspects of this are yet to be revealed.

Kevin Borick QC

New information has emerged which has taken us to further lines of investigation which reveals a situation which I think the people of South Australia will be amazed at when they see the whole thing in its entirety - and they haven't seen that yet.

Graham Archer

Even putting aside the contents of the photos, the number of autopsy photos taken demands an inquiry in itself.  

Kevin Borick QC

There are other photographs which maybe very relevant to that situation which we haven't seen.

Graham Archer

And here is the proof at last. This is the witness statement forensic photographer - Murray Billet provided to the police and the court. He says that on Chief Pathologist, Dr Manock's instructions he took just five photographs of the autopsy - just five. But this week we have official confirmation from Forensic Science SA itself that at least 33 autopsy photographs were taken and although no schedule of photographs were said to exist, they've now produced one - although the deceased’s name is spelt incorrectly and they've left a loophole around the date. [date shown]

Kevin Borick QC

The fact is we were never told about the existence of those photographs until now.

Graham Archer

Who took the other photos is not made clear. What is clear is that something is very, very wrong.
There was a lot of photographs not exhibited in the trial?

Paul Rofe QC

[Former DPP - file tape] That's always the case, yes.

Graham Archer

But does the Defence have access to all those photographs?

Paul Rofe QC

Yes.

Graham Archer

Not if they haven't been told about them. Odd too is that the official version claims three different types of films were used - all in black and white. Yet Today Tonight has spoken to a film processor who says he developed colour film.

Alan Logue

To the best of my recollection, the photos that we processed on that day were photos of the autopsy photos - of - to me it was Anna Jane Cheney.

Graham Archer

Alan Logue seems certain he developed at least one lot of colour photos of Anne Jane's autopsy for the same photographer, Murray Billet.

Alan Logue

The films that we processed were colour, which I guess suggests there were colour photos taken of the autopsy, which seems to conflict with what's been said.

Prof Gale Spring

I've been in forensics and pathology since 1976 and I've never known anything other than using colour. It's not to say that black and white can't be used for some specialist things but as a general recording medium, colour photography either in transparency or in negatives is an international standard.

Graham Archer

But here it gets even more bizarre. Now Forensic Science has acknowledged these hitherto undisclosed photos the Medical Board has yet to allow forensic photography expert, Gale Spring, who came from Melbourne, to examine the all important negatives.

Prof Gale Spring

And the only way to guarantee that we know what we're looking at is to have access to the negatives.

Graham Archer

Of course at the heart of the whole case is Dr Colin Manock. First employed in 1968 without the proper qualifications.

Bob Moles

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

Graham Archer

And what a risk! Thousands of autopsies and a host of flawed cases and as Dr Bob Moles just published book - A state of injustice reveals - so far no Attorney General has wanted to know about it.

Prof Tony Thomas

I think we should all be concerned about what's been happening.

Graham Archer

This crisis is so much greater when you consider the conduct of our current Attorney General - Michael Atkinson - who has publicly hitched his reputation to the performances of the former DPP, Paul Rofe and Dr Manock.

John Nader QC

That duty is an absolutely duty - he cannot back off that. An Attorney General who does not approach that job with complete integrity is derelict in his duty.

Graham Archer

While Justice Nader's comments are general and not directed at Atkinson, the AG has used his position to thwart attempts to investigate the case. He has publicly and privately damaged the names of the outspoken - and used his office to encourage private legal action against others. All the while Atkinson himself is a key witness in the criminal case against the Govt's former Mr Fix-It - Randall Ashbourne. And this is the bloke in charge of what is called “the justice system”.

Kevin Borick QC

We've explored every possible avenue - and every time we get knocked back we go back to the drawing board - and every time further information emerges and as an example, the existence of photographs which are of vital importance and we didn't know existed.

Graham Archer

Now maybe some progress. Finally the Medical Board, the public watchdog of doctors, which pathologists must be, has made a tentative step towards putting Dr Manock himself under the microscope.
And do you think we've got close to the truth of this matter?

Prof Maciej Henneberg

As it was presented in the courts? Certainly not! But now - with the discussion of the water level - and with the discussion of what happened to the facial appearance - we are getting closer to the truth.

Graham Archer

Whatever the Medical Board finds - it will not excuse any Attorney-General from their obligations to finding the truth and restoring public confidence.

John Nader QC

There should be no hesitation about ordering an investigation. If it transpires that that body of evidence, the weight of the evidence is against these forensic pathologists who have been critical of Dr Manock, so be it. All it can do is clear the air and exonerate the Attorney-General.

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