Losing Their Grip - the case of Henry Keogh

Author: Dr Robert N Moles

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Acknowledgements

This book represents the continuance of a considerable collective effort. I would like to pay tribute to those who have taken time out of their hectic schedules to assist pro bono on matters far removed from their principle duties. Many of the legal, forensic and medical people are listed in the appendices. Each of them has given of their time, skill and expertise for no other reason than the desire to see justice done. They may not be aware of the importance of their individual contribution to the pursuit of progress. It is clear that without each of them, we would not have been able to piece together the understanding of the problems in this case.

There are some of whom I must make special mention.

Tony Thomas has had a long and distinguished career as an anatomical pathologist. He has spent considerable amounts of his spare time helping us to identify, understand and explain the problems relating to forensic pathology in this case. We have been most unreasonable in the demands which we have made upon his time. He has always responded with courtesy and a patient willingness to explain complex issues to those who have not been trained in his discipline. He has been subjected to many unfair and unreasonable comments by those who have had the advantage of parliamentary privilege. I know now how upsetting they have been to him and his family. Regrettably, some of those who have used the parliamentary privilege have failed to correct the record, as they were obliged to do under their own code of conduct, when their errors have been brought to their attention. I hope that this book will go some way to putting the record straight.

Peter Scally has had a long distance interest in our project from his hospital base in Brisbane. He provided to us the research materials upon which we have based the section in this book on sudden adult death. His frequent phone calls and emails have helped us to appreciate that you don’t have to live in South Australia to be concerned about what goes on there.

Kevin Borick QC has worked very closely with us in so far as his duty to his client, Henry Keogh, would allow. His commitment to truth and justice has enabled him to pursue his client’s interests despite expressions of disapproval from those who should know better. He is a determined and skilled advocate for a properly based criminal justice system. I know I speak for all of us when I say that we are privileged to have been able to work with him in the way in which we have done.

Graham Archer, the produce of the Channel 7 Today Tonight program in Adelaide has continued to produce investigative programs of high quality on this and other related issues. His insight and understanding of the issues of due process has often exceeded that of those who have been professionally trained to deal with them. As with Kevin Borick, Graham’s interest in these issues has often been vigorously discouraged by those who should know better. Yet it seems that the public of South Australia, Channel 7 and now his peers have recognised him for the outstanding journalist that he is. The Sunday Mail of 27 November 2005 listed Graham as one of the five most influential people in South Australia dealing with issues of law and order in this State. The others, rather predictably, included the Premier (Mike Rann), the DPP (Stephen Pallaras QC) and the Chief Justice (John Doyle). It will be self-evident that this book has benefited considerably from our close collaboration with Graham and his program.

My wife and law lecturer at Flinders University, Bibi Sangha, and our friend and forensic scientist Harry Harding deserve special mention.

Bibi has been wonderfully sceptical about everything we have done here, unless and until it can be substantiated with the degree of precision and proof which her exacting legal mind required. At times, I must confess to feeling that it was I who was on trial rather than Henry Keogh. The result is that this book has been pruned by her with the same tenacity with which she has tackled our rose bushes. I have no doubt that I, along with the book (and the rose bushes) have flourished because of the exacting demands which she has made of us. I have no doubt that the legal system of South Australia, will in due course realise that a similar response will also be required of it.

Harry Harding is a wonderfully gifted human being. Like Bibi, he has a fine eye for detail, beyond anything which I could accomplish myself. He has re-ordered and re-drafted many sections until they actually said what I thought they initially said. Harry is a real ‘finisher’. At times when I thought that ‘near enough was good enough’, Harry was always there to remind me that with issues as important as those we deal with here, nothing other than the very best that we can do would be acceptable.

I know that both Bibi and Harry would not have spent the very considerable amount of time and effort on this book if they did not believe that it reveals fundamental and systemic errors in the administration of justice in South Australia. Neither of them has any desire to be caught up in controversy. Yet they both have a profound commitment to their respective professional skills and training, and also to the truth. Ultimately it is the desire for truth which has emboldened them to pursue this project with me.

I thank them, and all those others who have worked with me on this issue, for their willingness to listen and to respond thoughtfully. I think that, ultimately, the implicit principle behind such collaborative work as this, is that we all recognise the truth of the following:

‘Our lives begin to end the day we become silent about things that matter.’
Martin Luther King, Jnr.

Bob Moles, Adelaide 2006

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