Monday 12 March 2007 - Channel 7 Today Tonight (Adelaide)

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

The hit and run death of Paul Cannon

In order of appearance

Leigh McCluskey – presenter
Colleen Fitzpatrick – wife of victim or hit and run accident Paul
Carol – sister of Colleen
Nick Xenophon Member of the Legislative Council of South Australia

Program

Leigh McCluskey

Tonight, a special investigation into the way police managed to seriously mishandle yet another South Australian road death. When Colleen Fitzpatrick demanded police re-visit the apparent "hit and run" death of her partner - Paul Cannon - she was told to go and see a counsellor. Considering what the police knew about the case - but had failed to act upon - their response to Colleen was simply insulting. But Colleen persisted and "finally" had the case re-opened.

And not only did it reveal the most outrageous bungling of the case, but also revealed that evidence which could have "solved" the crime was simply filed away. Four years later Colleen has at last won some justice. But a huge question mark still hangs over the way the case was handled. Graham Archer has the amazing story

Music and vision of a silhouetted man walking along the road. 

Colleen Fitzpatrick

Straight away my instinct, something, was saying to me “something’s not right”. This is just not right. 

Carol

I'm so disappointed and cannot believe what this has put the family through.

Graham Archer

It's become all too common in this State; the victims of crime then becoming the victims of “justice”.

Colleen Fitzpatrick

I have felt like a victim of the judiciary system. I have definitely not been treated as a victim - and nor has the family.

Graham Archer

Colleen Fitzpatrick's ordeal ranks amongst the worst - and that's saying something. The case involves the death of partner and devoted step-father Paul Cannon.

Colleen Fitzpatrick

He was a happy-go-lucky bloke, loved his kid, go to footy on Saturdays, have a BBQ with his mates, loved his family, his mum and his dad, especially his really close family, his sisters, fantastic guy, outgoing, couldn't stop him.

Graham Archer

But a knock on the door of their Riverland home four years ago put an end to that; delivering the news that Paul was the victim of a fatal accident. What did that knock on the door mean to you?

Colleen Fitzpatrick

At the beginning, I don't think I took it all in. I think I was in so much shock that I really didn't realise at that stage what had happened. 

Graham Archer

According to local, Mark Jaeschke, he'd seen Paul's body lying on the Loxton Roadat around 2.00am. And after first mistaking him for a dead kangaroo, he pulled up, placed Paul in his car and drove off, he said, to seek help.

Colleen Fitzpatrick

I was told that there had been a car accident and that my husband had been run over and that they didn't know who did it.

Graham Archer

Was Jaeschke presented as the Good Samaritan who stopped and offered help?

Colleen Fitzpatrick

Jaeschke was the Good Samaritan. He'd come along - the story he told was that Paul had already been run over. That story changed later on.

Graham Archer

The police investigation shed little further light on the incident. Colleen, and her sister carol, who's supported her through this ordeal, were told Jaeschke's version was all there was - and there was almost no chance of finding the real culprit. 

Graham Archer

Is that where they left it? That's where they left it? But amidst the shock and grief, Colleen could see there were many things which simply didn't add up.

Colleen Fitzpatrick

No, not at all. Right from when I actually knew what had happened - and taken it all in - I just thought to myself “this isn't true”, “this cant be right, something’s not right here”.

Graham Archer

And was it any wonder? Considering what she knew of Mark Jaeschke - and what had gone on that night. The car he was driving for starters.

Colleen Fitzpatrick

He’s driving a four wheel drive, stolen vehicle, unregistered, uninsured and he’s driving without a licence.

Graham Archer

Possibly under the influence?

Colleen Fitzpatrick

Definitely under the influence

Graham Archer

So he wasn't squeaky clean, even on that night?

Colleen Fitzpatrick

No, he was not squeaky clean

Graham Archer

While Jaeschke hadn't himself stolen the car, police at the time knew of the other offences. Did they charge him with those offences?

Colleen Fitzpatrick

They booked him and charged him for what he needed to be charged with - and that was the end of the matter; so to speak.

Graham Archer

And as far as his account - what had happened that night - did they accept that?

Colleen Fitzpatrick

They accepted everything he told them.

Graham Archer

So, in spite of all those offences, they took his word for what happened?

Colleen Fitzpatrick

Even though he was driving a stolen vehicle, without a licence, they took his word for what had happened. They took his word for it. They took Jaeschke on his face value and took a statement off him - let him go.

Graham Archer

Jaeschke was not breath-tested until it was much too late. And in the end, all he received was a fine. Also, no secret at the time, was Jaeschke's history of violence. Was he well known in the district?

Colleen Fitzpatrick

He was very well known in the district and a lot of people were scared of him and still are.

Graham Archer

The police would have known of his history?

Colleen Fitzpatrick

Absolutely. The police would have known of his history, without a doubt.

Graham Archer

Colleen then began her own investigation. But, try as she might, she couldn't get anyone to listen.

Colleen Fitzpatrick

They more or less they kept buffing me off saying that I needed to go and see a doctor; that I was unwell; that maybe I'm in grieving mode - you don't know what you’re talking about, we've done a thorough investigation - and I basically got palmed off.

Carol

I just encouraged her not to let it go. I said to her, “you do what you need to do to get this investigated further”.

Graham Archer

For nine months Colleen persisted, constantly calling SAPOL's “Major Crash” with information and questions.

Colleen Fitzpatrick

I basically kept ringing Major Crash, speaking to the same person all the time.  

Graham Archer

How many phone calls do you think you made?

Colleen Fitzpatrick

Oh my goodness, I would say $500 dollars worth if not more.

Graham Archer

So, hundreds of phone calls?

Colleen Fitzpatrick

Hundreds, maybe even into the thousands.  

Graham Archer

For a start, Colleen wanted to know why, when Jaeschke picked Paul up off the road, dead or alive, he didn't in fact immediately seek help; quite the contrary. He drove off in the opposite direction to the nearest hospital.

Graham Archer

Where was the hospital?

Colleen Fitzpatrick

The hospital was at Loxton which was in the opposite direction to where he was travelling.

Graham Archer

It appeared Paul's welfare was never Jaeschke's main priority; he seemed more intent on tracking down his wayward girlfriend.

Colleen Fitzpatrick

There were houses all along that road. He could have stopped and made a phone call, but he chose to drive all the way to Alawoona.

Graham Archer

Which is how far?

Colleen Fitzpatrick

I would say probably 18 kilometres - to no hospital, to no help, because his girlfriend was there and he was chasing his girlfriend who was with another guy from the pub that night.

Graham Archer

While Pauls body was in the car?

Colleen Fitzpatrick

Yes

Graham Archer

Colleen also attempted to check the events of that night - from the time she and Paul called into the local Paruna Tavern, where Jaeschke had been drinking all evening - matters police appeared to overlook.

Graham Archer

They didn't go to the hotel and ask witnesses what happened that night?

Colleen Fitzpatrick

No they didn't, not to begin with no.

Graham Archer

Wether Paul and Jaeschke had words, she doesn't know, but Paul and their son Ben left on foot, while Colleen was out of the bar. Having got the car she stopped to pick them up. But Paul insisted on driving. Both Colleen and Ben refused to let him - because he'd been drinking.

Colleen Fitzpatrick

So, I pulled over, he got out the car. He wouldn't stay unless he could drive. We refused to let him drive so he started walking and we drove off.

Graham Archer

They never saw Paul alive again.

Colleen Fitzpatrick

That was that, and unfortunately, I'd go there everyday of my life and - what ifs. What if I didn't drop him off that night? What if this, what if that. And if you continue on with that you'll make yourself crazy. 

Graham Archer

What happened next is unclear, but any suggestion that Paul would risk lying - or even walking - on the road didn't make sense to those who knew him best.

Carol

I guess, Colleen lived with the guy for long enough. She knew what sort of guy he was. He was country wise. They were almost insinuating that he was lying on the road when he was hit, and Colleen said, “I know him better than that, and he wouldn't do that.” So she had this feeling because … you know a person - what he would and wouldn't do. She also had a feeling of the country road that was involved.

Graham Archer

Colleen hit brick walls where-ever she turned. The autopsy too seemed not to provide answers for the types of injuries Paul had sustained.

Colleen Fitzpatrick

Having a t-shirt on, I can't understand how his knuckles would be bruised, without his arms being bruised, if he was actually rolling on the road after being hit.

Graham Archer

But like the police, Colleen says Forensic Science SA  also seemed reluctant to offer further help.

Colleen Fitzpatrick

We've done what we need to do. Get lost - get out of our hair; you've got the report, what else do you want?

Graham Archer

However, after nine months of getting nowhere, Colleen wrote to the Police Complaints Authority who referred the matter back to "Major Crash". Suddenly, with the appointment of two new detectives, things changed. And while Colleen had known things weren't right, she didn't realise how wrong they really were. One of the first things the new investigators did was trace the stolen car mark Jaeschke had driven that night.

Colleen Fitzpatrick

This guy has gone to the auctions brought the car and nine months later these two police officers have arrived at his door and confiscated his car off of him and it's gone into be forensically checked.

Graham Archer

So they were lucky to be able to find it for a start?

Colleen Fitzpatrick

Yes. They were lucky to find it.

Graham Archer

What they discovered was astounding.

Colleen Fitzpatrick

They took it into Forensic and they found DNA of Paul's under the vehicle.

Graham Archer

Under Jaeschkes' car?

Colleen Fitzpatrick

Yes

Graham Archer

The evidence had been there all that time. And it could only mean one thing. It was Jaeschke who'd run Paul over. 

Colleen Fitzpatrick

I was shocked to hear that they had found that evidence under the vehicle. I was shocked. In absolute shock when they charged Mark Jaeschke for Pauls' death. Yeah, I was in total shock. Especially seeing as he had come to my house only two days before - sorry two - days after Pauls' death, with his girlfriend. They were back reunited once again - and spoken to me face to face. I couldn't believe that a guy would have no compassion.

Graham Archer

And while it’s hard to imagine, Colleen was in for an even bigger shock, after the file from the first investigation was checked. What did they find in the police file?

Colleen Fitzpatrick

They found fibres from the jeans.

Graham Archer

In the police file?

Colleen Fitzpatrick

In the police file, that I knew nothing about. And they too had been found underneath Jaeschke's car at the time of the incident, but had simply sat in the file for almost a year.

Graham Archer

So, what you're saying, is that the police already had from the original investigation, evidence that, that car had run over Paul?

Colleen Fitzpatrick

They already had the evidence at the police station that nobody got told about and whether it went missing, or what the story was I still do not know.

Graham Archer

I find this staggering; that from the beginning, they had physical evidence in their possession, and either lost it - or ignored it?

Colleen Fitzpatrick

They did. They either lost it - or ignored it, and to this day I still don't know who had the evidence.  

Graham Archer

Colleen's grave doubts about what happened that night, and the extent of the flawed investigation were confirmed. The death appeared ever more mysterious, given the obvious lies Jaeschke had told to protect himself.

Colleen Fitzpatrick

In my view something happened out there on the road that night; in my view - and that's my personal opinion. We are never going to know. There is only two people that know what happened. One's dead - and one's not telling the truth; and we will never know unfortunately.

Break

Leigh McCluskey

 Too often, it seems, in serious cases - our Office of the Director of Public Prosecutions has been willing to indulge in plea-bargaining; effectively holding a “private court” to trade with defence lawyers a guilty plea for a significantly lesser charge.

Only last week a Supreme Court judge accused the Office of the Director of Public Prosecution of withholding incriminating evidence in a tragic case involving the death of a 3 year old child as part of deal with defence. And the DPP taking a plea was another  obstacle that Colleen Fitzpatrick had to overcome in order to have her day in court after over the death of her partner Paul Cannon. Graham Archer continues the story.

Colleen Fitzpatrick

It was a situation where I had to put something on the line, to get where I needed it to be, and I pulled it out of the air and said “well if you're going to do this to the family I'll go public”.

Graham Archer

While any chance of getting to the whole truth about what happened to her partner Paul had gone by now, at least charges were laid against Mark Jaescke. But Colleen's next battle was with the office of the DPP. 

Colleen Fitzpatrick

They didn't want to take it to court. They didn't want to take it to trial.

Graham Archer

In fact, the DPP wanted to do a deal with Jaeschke's lawyers; accepting a dramatically lesser plea of “driving without due care” instead of “death by dangerous driving”.

Colleen Fitzpatrick

And I am saying to them, “what does that entail”? And they are telling me “a fine”. And I'm going “you're going to give this guy a fine and he is going to walk? No way”.  And I fought. I fought to get it to court.

Graham Archer

Eventually, Colleen prevailed by threatening to go to the media; and a Senior Prosecutor was assigned to the case. 

Colleen Fitzpatrick

I was going to have my day in court. The family were going to have some closure; and we were all quite excited about the fact that we fought so hard to get it there.

Graham Archer

The experience so far would be bad enough if it concluded there. But it didn't. Colleen had yet another shock. Coming days before the end of the trial, a police witness literally dropped another clanger.

Colleen Fitzpatrick

Yes, for some reason. He's come running to court and not knowing the report was there. He’s gone up and given his evidence and its dropped down on the floor like, “oh shit”.  Huge mistake. Caused a whole mistrial.

Graham Archer

That's right. A preliminary forensic report from the original investigation three years previously, had not been made available to the defence. So, the trial was scuttled.

Colleen Fitzpatrick

I won’t go there - and say what I said. But I was not happy.  

Graham Archer

And that was a year ago?

Nick Xenophon MLC

What Colleen's gone through, and her family's gone through, is nothing short of a disgrace. Here's another case where the victim has to become an investigator on the case because the system has failed them.

Graham Archer

Independent “No Pokies” MP Nick Xenophon has taken a close interest in Colleen's battle.

Nick Xenophon

Victims of crime deserve more than “media releases” from the Government. What they deserve is a victims' advocate with real powers - real teeth - to question what the police and the DPP's office is doing in a positive way, so that victims can at last feel the process of justice is working for them, rather than against them. 

Graham Archer

But on Thursday, having waited another year, and after a two-and-a-half-week second trial, in which Colleen had to go through her ordeal again - the verdict was finally delivered. Though Mark Jaeschke continued to maintain he wasn't responsible for Paul's death,  a jury found him guilty of “death by dangerous driving”.

Graham Archer

How do you feel about that - about the verdict?

Colleen Fitzpatrick

The family are really happy with the verdict that was given today. It's been four long years - and I mean - four really long years. And we can now get on with the grieving process.

Graham Archer

Has justice been done, do you think?

Colleen Fitzpatrick

Yes. Absolutely. At last. At last and we can now we can start the grieving process and we really needed to be able to do that. Good on you. Thank you.

Graham Archer

South Australians would be aware there's a mounting number of troubled cases which have become household names: Aitken, Schmidt, Nemer, Watkins, McGee and many others. Now add Colleen's to that unhappy pile.

Nick Xenophon MLC

The way the case has been handled is so shocking - so appalling - that it deserves an independent inquiry. No South Australian should have to go through what Colleen and her family went through. We need to get to the bottom of this as it seems we haven't learnt from the mistakes from the past.

Colleen Fitzpatrick

I'm very aware of the fact that I'm not the only person it’s happened to - and this is another reason that these people have to come forward and tell their story.  

Graham Archer

Is your view about justice - has it changed?

Colleen Fitzpatrick

Has it changed? I'm on to tell my story for the simple fact that right from the beginning is that I don't want it to happen to anybody else.

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