Channel 7 Today Tonight (Adelaide)

New Developments in the Keogh case 15 September 2006

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

In order of appearance

Leigh McCluskey – presenter
Graham Archer - interviewer and producer
Robin Napper – former UK police officer and forensic expert – [file tape]
Extracts from DPP and Acting Attorney-General media conferences [file tape]

Program

Leigh McCluskey

First tonight, a breakthrough at last in the Henry Keogh case. This morning Supreme Court Justice John Perry ruled a decision by the Medical Board "defending" the pathology in the case must be reconsidered. In June last year the Board dismissed the complaint of unprofessional conduct against forensic pathologist Dr Colin Manock, despite the existence of dramatically contradictory evidence.

As Graham Archer explains, today's ruling represents a significant step forward in finally getting to the truth of what really happened.

Graham Archer

Today was one of those uplifting occasions where proper principals triumphed over political poison. In stark contrast to the Rann Government's fiction over the facts of the Henry Keogh prosecution, Supreme Court Justice John Perry ruled that aspects of the case demanded a judicial review.

Robin Napper

There is clearly something not right and it’s up to the South Australian Government to find out what it is.

Graham Archer

Justice Perry found the Medical Board's decision to dismiss a Complaint over the professional conduct of forensic pathologist Dr Colin Manock in the case must be reviewed.

Quoting from the judgment of Justice Perry

Permission is granted for the plaintiff, (Mr Keogh), to proceed with the action.

Graham Archer

Since the Board’s decision 12 months ago the members themselves have been replaced and the new Board appears to have a more enlightened attitude; as evidenced by the disclosure of the confidential opinions prepared by the three experts hearing the Manock complaint - which were highly critical of his work and dramatically contradicted the decision to give him the ‘all clear’.

Draft Board opinion

… the conduct of the autopsy and the quality of the resulting evidence was markedly sub-standard to the point of incompetence.

Graham Archer

How this could possibly happen has never been explained. But the documents have shocked those who have tried to reconcile them with final decision - forensic expert Robin Napper for example.

Robin Napper

They are totally opposite - the notes are totally opposite to that finding of the Medical Board.

Graham Archer

Another is internationally renowned forensic pathologist Professor Rex Ferris.

Professor Ferris

I presume attached to the official report would be the details of the opinions of the pathologists that they received.

Graham Archer

There was no reference to these notes anywhere.

Professor Ferris

Well I would ask why not?

Graham Archer

And quite rightly their significance was not lost on the Justice Perry.  

Extract from Perry Judgment

….the case is unusual given the strength of the opinions asserted by the three members of the Board with qualifications in pathology

Graham Archer

Now at last, a proper opportunity exists to bring to account the forensic flaws in the case, and its not just Dr Manock who must explain himself. His first lieutenant and successor Dr Ross James will also front the Medical Board over contradictory evidence he gave in the case. Things are starting to unravel as eventually they must.  

Robin Napper

We haven't yet, in South Australia, looked at all these other cases, so it remains to be seen how many may be as suspect as the pathology findings that are now coming out of the Henry Keogh case.

Graham Archer

All this makes a mockery of the Rann Government’s attempt to dismiss the deep and sadly ongoing malaise in our forensic science system.

Graham Archer at media conference with DPP Stephen Pallaras

Are you not concerned about credibility of the experts you call?

DPP Stephen Pallaras at media conference

Of course I am. It’s important that we call people of repute. I'm not in position to judge the expertise of scientists and doctors who are specialist in areas I'm not.

Graham Archer

And who will forget it took the Solicitor-General Chris Kourakis three years to reject Keogh's petition. A decision topped off by a secret press conference held by Kevin Foley from which today tonight was excluded. A tactic the Premier has become famous for.

Extract from previous media conference with Premier

Archer: I'm from Channel 7 Today Tonight.
Security Guard: I realise that sir.
Archer: I'm a journalist – it’s a press conference.
Security Guard: I realise that sir, but you are not on the list.

To this day neither Foley nor the Attorney-General have had the decency to officially inform Keogh's lawyers of the outcome. But that is typical of their apparent disregard for proper processes.

Kevin Foley at media conference

I think it is clear from the report of the Solicitor-General that the so called evidence of Today Tonight has been totally rejected and is without foundation.

Graham Archer

Not so fast Mr Foley. But what better distinction could there be between politicians and judges? One seeks the outcome they imagine is popular; the other looks at the evidence. Whatever may have happened in the Keogh case one thing is clear. The process was flawed and unless that's corrected no one should feel comfortable.

Music from Leonard Cohen - " Everybody knows – everybody knows"

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