Networked Knowledge - Media Report

Channel 7 Today Tonight Adelaide
16 August 2007 The Medical Board Proceedings – Dr Ross James

The Baby Deaths homepage
The Henry Keogh homepage
Article on Australian miscarriage of justice cases
Article on UK miscarriage of justice cases
Article on USA miscarriage of justice cases

In order of appearance (from file tapes)

Robin Napper: Forensic Crime Scene Expert)
Professor Ross Kalucy: Ex-President and Member of the Medical Board
Paul Rofe QC: Ex DPP
Professor Rex Ferris: Forensic Pathologist New Zealand
Dr Bob Moles: legal commentator  

Robin Napper

Personally I think it cries out for an independent case review but from outside the state people who are known experts in their field, investigators, pathologists, forensic medical people so the people of South Australia can have some confidence the system has got it right.

Graham Archer

There was another secret hearing held in Adelaide today. This time the closed court was that of the State's Medical Board. Admittedly, its never had much of a reputation for openness.

Professor Ross Kalucy

.... no no no .... stop the cameras ... or I'll walk out.

Graham Archer

Today, the public's medical watchdog decided the public couldn't watch it doing its public duty. This, despite the matters before it having already been well and truly aired in the Supreme Court and the High Court. The complaint being heard is that State Pathologist Dr Ross James acted unprofessionally when he failed to inform two juries in the Keogh case that he'd found no scientific evidence of the crucial thumb bruise used by the prosecution as proof of its grip mark murder theory - and described as –

Paul Rofe QC [from Keogh trial voice-over]  

The one positive indication of murder namely the grip mark on the bottom of the leg.

Graham Archer

To justify his silence, Dr James has provided a series of differing reasons including the extraordinary statement that “the absence of proof is not the proof of absence”. In other words, because something can't be seen or found doesn't mean its not there. Hardly scientific.

Professor Rex Ferris

I think in essence that is a nonsense

Graham Archer

So it’s just not a credible thing to say?

Professor Rex Ferris

I don't think so

Robin Napper

I just think that's a lot of gobbledegook. The first four words "the absence of proof". If there's nothing there you just don't go on and speculate.  

Graham Archer

The other aspect of the complaint is that Dr James backed his boss Dr Manock's method of diagnosing drowning when his own research showed there was almost no evidence to support it.

Professor Rex Ferris

You could not interpret that as evidence of drowning. I'm not sure it's ever evidence of drowning.  

Graham Archer

Today’s confidential hearing follows in the footsteps of the complaint against Dr Manock himself on very similar grounds. The Board's dismissal of that complaint almost completely contradicted the opinions of their own experts, who classified Dr Manock's work in the Keogh case as:

Dr Mark Coleman [Document from Medical Board voice-over]

 .... the conduct of the autopsy and the quality of the resulting evidence was markedly sub-standard to the point of incompetence… The documentation in the autopsy in question was manifestly inadequate, even by the lowest standards.

Robin Napper

Totally opposite. The notes are totally opposite to that finding.

Graham Archer

Just how the Medical Board reached a finding at total odds with this advice is now the subject of a Supreme Court appeal. Perhaps that's spooked the current Board into its decision to keep the public in the dark about the way it performs its duty. We can only wait until they are ready to divulge what they done in the absence of public scrutiny.

Dr Bob Moles

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

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