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Losing Their Grip - the case of Henry Keogh
Appendix 3 Legal and Expert Teams

Losing Their Grip - table of contents

Also by Dr Moles - A state of Injustice - Definition and Rule in Legal Theory

Because of the widespread national concern about these matters, and because some of the officials based in South Australia seem either unable or unwilling to investigate them, we have brought together a unique team to ensure that they do not continue to be brushed under the carpet.

Counsel

The following people have agreed to act as counsel in relation to these matters:

Kevin Borick QC Adelaide

Kevin has appeared in the ABC 4Corners program in October 2001 and in a number of the Channel 7 Today Tonight Adelaide) programs. He has been the President of the Australasian Criminal Lawyers Association. He leads the Keogh legal team

John Nader QC Sydney

John is a former Supreme Court Judge of the Northern Territory and New South Wales. He is head of the Legal Professional Conduct Tribunal for New South Wales and has worked as head of the Innocence Commission in NSW.

Tim Game SC Sydney

Tim is a senior counsel based in Sydney. He has worked on many cases which have gone to the High Court. He acted for Henry Keogh in his application for leave to appeal to the High Court.

Tom Percy QC Perth

Tom has achieved a number of notable successes in relation to overturning convictions in relation to miscarriages of justice in Western Australia. In particular he has been instrumental in the overturning of the convictions of John Button and Darryl Beamish. He is working as part of the defence team for Schappelle Corby.

Malcolm McCusker QC Perth

Malcolm has been Chairman of the Legal Aid Commission of Western Australia for the last 25 years. He is currently Parliamentary Inspector to the Corruption and Crime Commission. He was lead counsel for Raymond and Peter Mickelberg in a series of High Court appeals and three Attorney General's references. Mr McCusker acted pro bono for Andrew Mallard, whose case is dealt with in Appendix 2.

Stephen Howells Barrister Melbourne

Stephen is a member of the Victorian Bar and Head of the Independent Gambling Authority for South Australia.

Solicitors

The following have agreed to act as solicitors in relation to these matters:

Michael Sykes of Sykes Bidstrup, Adelaide

Michael was formerly the solicitor to Henry Keogh in instructing Tim Game SC in the High Court appeal. Michael and Tim were not involved in the Trial proceedings.

Michael Hegarty, Solicitor, Adelaide

Michael is an experienced criminal lawyer, who is now acting as Henry Keogh’s solicitor.

Stephen Cullimore, Solicitor, Adelaide

Stephen specialises in civil claims and will focus on compensation claims arising from the miscarriage of justice cases.

Terry O’Gorman AM of Robertson O’Gorman, Queensland.

Terry is a prominent advocate on civil liberties issues in Australia for which he was recently awarded the AM.

Consultants

John Batt, solicitor, and author of ‘Stolen Innocence’ (the Case of Sally Clark)

John Batt has assisted our team in appreciating that the problems of expert witnesses are not the exclusive concern of any one jurisdiction. He is the solicitor who has been credited with getting Sally Clark's convictions for murdering her two sons quashed. He has vowed to help other innocent mothers.

John was the co-creator and one of the scriptwriters for two television series. ‘The Main Chance’, staring John Stride, was about the cases of a London solicitor with an office in Leeds. ‘Justice’ starred Margaret Lockwood as a barrister on circuit.

Philip Scales AM solicitor

Philip Scales AM, Barrister and Solicitor, Adelaide, since 1967. Philip was Co-Founder and Executive Director, Law Council of Australia Criminal Law Section (1987-1988) and Co-Founder and Executive Director, Criminal Lawyers Association of Australia and New Zealand (1987-2004). He has long involvement with the International Criminal Court. He was Deputy Presiding Member, Parole Board of South Australia (1995-2004)

Bibi Sangha, law lecturer

Lecturer in law, legal practitioner and researcher. In June 1982 she completed her BA (Hons) Law at Middlesex University, London, and completed her LL.M at the London School of Economics at the University of London. Bibi is a Barrister at Lincoln's Inn, Advocate and Solicitor of the Borneo Bar, Advocate and Solicitor of the West Malaysian Bar, Barrister and Solicitor of the ACT and South Australian Supreme Court, Barrister of the High Court and Federal Court of Australia.

Expert Advisers

Professor Anthony Ansford (Queensland

MB ChB (Otago), MRACP, DipCP (Otago), FRCPA, FRACP. Previously Director of Pathology Services in Queensland. Currently Senior Pathologist in the Forensic Pathology Scientific Services for Queensland Health.

As a legally qualified medical practitioner and Professor of pathology, Professor Ansford has been a practicing forensic pathologist since 1974 and the Head pathologist in Queensland since 1983. He has completed some 4,000 autopsies since 1974 and has supervised some 8,000 autopsies. He has investigated some 700 contentious deaths. Professor Ansford was called as an expert witness for the defence in the Keogh case. He submitted an affidavit to the Medical Board of South Australia in relation to Henry Keogh’s Complaint.

Dr Byron Collins (Melbourne)

BMedSc, MBBS, FRCPA. He is a registered medical practitioner, practicing as in independent consultant forensic pathologist. He has had considerable experience in the field of forensic pathology and has frequently been asked to provide expert opinions in medico-legal and forensic matters.

As an independent pathologist based in Melbourne, Dr Collins has been involved with extensive knowledge of Dr Manock’s cases over the years. He appeared in the ABC 4Corners program and the Channel 7 Today Tonight (Adelaide) programs. He has published and undertaken research on a wide range of pathology issues, with a particular interest in drowning and its association with alcohol. He provided an affidavit to the Medical Board of South Australia in relation to the Complaint of Henry Keogh.

Professor Stephen Cordner (Melbourne)

MA, MBBS, BMedSc, Dip Crim, FRCPA, FRCPath. Professor of Forensic Medicine, Monash University and Director at the Victorian Institute of Forensic Pathology. He recently completed 12 months with the International Red Cross in Geneva. Professor Cordner appeared in the ABC 4Corners program and on the Channel 7 Today Tonight (Adelaide) programs. He also appeared as a witness called by the defence in the Keogh case. Following the trial he provided to Keogh’s solicitor a report containing further and more detailed comments on Dr Manock’s work. He subsequently provided a report to the Medical Board of South Australia in relation to Henry Keogh’s Complaint.

Professor Malcolm Fisher (Sydney)

MB ChB (Otago), FFARACS (endorsed in intensive care), MD (Otago), FANZCA, FFICANZCA, FRCA (invited), FJFICM. Sydney. Malcolm is Head, Intensive Therapy Unit, Royal North Shore Hospital of Sydney. Clinical Professor in Intensive Care Medicine, Departments of Medicine and Anaesthesia, University of Sydney, Visiting Medical Officer North Shore Private Hospital. Area Director Intensive Care, Northern Sydney Area Health. He has given nearly 300 invited presentations, has published over 100 articles in refereed journals and nearly 50 chapters in books.

Professor Fisher is a leading expert on anaphylaxis. He provided an affidavit to the Medical Board of South Australia in relation to the Complaint of Henry Keogh.

Professor Maciej Henneberg (Adelaide)

PhD, DSc, FAIBiol. Maciej is Professor of Anthropological and Comparative Anatomy and holder of the Wood Jones Chair in that respect at the University of Adelaide. He is the Convenor of the Academic Board at the University of Adelaide, and Head of the Department in the Department of Anatomical Sciences at the Medical School, University of Adelaide. He is the Editor of the Journal of Comparative Human Biology published by Urban and Fischer, Verlag, Elsevier, Germany.

Professor Henneberg is an anatomist and biological anthropologist and has been serving as a forensic expert witness since 1976 in the courts of Poland (1976-84), Texas (1984-86), South Africa (1986-1996) and since 1996 in Australia.

He has appeared in the Channel 7 Today Tonight (Adelaide) programs, and provided an affidavit to the Medical Board of South Australia in relation to the Complaint of Henry Keogh.

Professor Derrick Pounder (UK)

FRCPA, FFPathRCPI, MRCPath, FRCPath, FHKCPath.

Derrick is Professor of Pathology, Dundee University, Scotland. He is an international expert on forensic pathology issues, especially those relating to torture and trauma. He has been consulted by many international aid organisations, including more recently in relation to war crimes in Jenin He has published extensively in the area of forensic pathology. He has appeared in the Channel 7 Today Tonight (Adelaide) programs.

Dr Richard Pumphrey (UK)

One of the UK’s leading experts on anaphylaxis. His publications have been used as the basis for the material which was contained in the ‘Anaphylaxis Report’, the contents of which have been reviewed by Professor Fisher and submitted to the Medical Board of South Australia and to the Solicitor-General of South Australia.  

Associate Professor Peter Scally (Brisbane)

Director of Medical Imaging at the Royal Brisbane and Women’s Hospital, Brisbane. Peter has done extensive research for us on the medical and epidemiological knowledge related to drowning.

A/Prof Peter Scally is a radiologist with a passion for justice. Peter heard about the Keogh case on the ABC radio News while driving to work in 1999. Valerie Armfield was being interviewed about her claim that the case lacked fairness. After thinking it over for a couple of days Peter called Valerie and offered his help. It was the only call Valerie got from that program, but it kicked the campaign along in those early days with a bit of medical input.

He is a joint author of a leading textbook for medical students on clinical diagnoses.

Associate Professor Gale Spring (Melbourne)

Gale is the Associate Professor of Scientific Photography and Program Leader of the Applied Science Photography program at the School of Applied Sciences in the Department of Applied Physics at RMIT University in Melbourne.

He has been in this or a similar role since arriving in Australia to accept this position in February 1988. He teaches scientific photography. He coordinates the academic program, and consults with the medical and scientific photographic industry, as well as with those engaged in law enforcement and the legal profession.

From 1976 to 1988, he was the Director of Photographic Services in the Department of Pathology at the University of Texas, Southwestern Medical School in Dallas, Texas USA. As a part of his duties he worked for and assisted the Dallas County Medical Examiner’s Office at the Southwestern Institute of Forensic Sciences.

His area of expertise is in the interpretation of photographic images, including video and digital images, for forensic purposes. As a practicing medical photographer for more than ten years in pathology and forensic medicine, he also has expertise in the proper documentation of autopsies and crime scenes. He has lectured extensively on these topics. Professor Spring appeared in the ABC 4Corners program, and also the Channel 7 Today Tonight (Adelaide) programs.

Associate Professor Anthony (Tony) Charles Thomas (Adelaide)

MBBS, BSc, MSc, PhD, FRCPath, FRCPA, FFOP. He has been an anatomical pathologist for thirty years and a specialist for twenty three years. He is currently the Associate Chief Examiner in Anatomical Pathology for the Royal College of Pathologists of Australasia, having recently been the Chief Examiner in that capacity. He is a Senior Specialist in Anatomical Pathology at Flinders Medical Centre – he is currently Senior Director and Head of Department -- and an Associate Professor in Pathology at the Flinders University of South Australia.He is also an Associate Consultant in cardiac pathology at the Forensic Science Centre in Adelaide, having been previously employed as a consulting forensic pathologist there.

He has been a diagnostic surgical pathologist (histopathologist) in the United Kingdom and Australia, and has performed numerous coronial autopsies in the United Kingdom, New Zealand and Australia. Since qualifying, in addition to diagnostic surgical pathology his work has focussed on autopsy pathology, coronial pathology and cardiac pathology. 

He has performed several thousand autopsies covering all aspects of hospital and coronial examinations. These have included unexpected natural deaths, trauma related deaths, suicides, drownings, gunshot wounds and homicides. He has examined living victims of assault and trauma to determine the cause of bruising and other injuries.

He has undertaken special studies in the field of cardiac pathology especially as it relates to sudden unexpected death, and has published widely in the field of cardiac pathology as it relates to sudden death and forensic autopsies.

He has and has had significant responsibilities for the training of pathologists and for their subsequent assessment through examination. He has been engaged in the setting and marking of written examinations, practical examinations and oral examinations in forensic pathology.

Dr Harry Harding (Adelaide)

BSc (Hons) PhD. Forensic scientist, researcher and consultant. Harry advises on forensic science and scientific procedures generally. He was formerly employed at the South Australian Forensic Science Centre. He established the Forensic Biology Laboratory in Adelaide. He has expertise in serology and molecular biology, and specialised in hairs. He has given expert evidence for the prosecution and for the defence in many cases, including Van Beelen, von Einem, Chamberlain, Splatt and Jarrett, a leading case in South Australia on DNA evidence. He has a particular interest in laboratory accreditation and quality management.

He appeared in the ABC 4Corners program, and worked extensively on the book A state of injustice.

Police

Chief Superintendent David Cook (UK)

Chief Superintendent Cook has had substantial experience in both homicide and serious crime investigations. In 2002 he was transferred to the Metropolitan Police Service as a Detective Chief Superintendent and seconded, on behalf of the Criminal Cases Review Commission, to HM Customs to conduct an investigation into the conviction of a person convicted and sentenced to 24 years imprisonment for drug trafficking.

From February 2002 to April 2003 he was Head of the Murder Command ‘West’ of the Metropolitan Police Service with responsibility for the conduct of major crime investigations. This Command had approximately 60 murders per year, in addition to cold case investigations and other serious forms of criminality.

He has advised on the disclosure of all unused material throughout a number of investigations. He has an in-depth knowledge of crime detection, methodology and analysis. He has provided substantial contributions to the Detective Training Courses within Surrey with regards major crime investigations and SIO expectations.

He believes that his role as an investigator should be the search for the truth. If that search uncovers evidence which allows a prosecution to take place, then that is for others to decide. If no such evidence exists or is uncovered, then it should not be created through inexperience, or second guessing

Robin Napper - Former Police Superintendent UK

After a distinguished career in the UK police force, Robin has now moved to Western Australia, where he is engaged with the Department of Forensic Science at the University of WA. He has had special experience of ‘cold case reviews’. The review requires an independent team from outside the investigating force to do a full review of all of the circumstances and materials, without involvement with the existing investigators. Robin has been involved with many cases in the UK where these reviews have led to new leads and new evidence. He has appeared in the Channel 7 Today Tonight (Adelaide) programs.

David Fuller - Scenes of Crime officer

David was engaged for many years as a scenes of crimes investigator with the Norwich and Norfolk constabularies in the UK. He has provided much valuable advice to us in relation to those matters.

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