Thursday, August 27, 2015

Bulletin: Henry Keogh: South Australia; 'Adelaide Now' story based on court documents filed by Keogh's lawyers on their application to block prosecutors from proceeding with his third murder trial; Keogh's lawyers say the third trial for the murder of Anna-Jane Cheney, is "doomed to fail because of prosecutors’ actions, witnesses’ failing memories and a “misleading and partial” forensic scientist." (Must Read. HL);

"Henry Keogh’s third murder trial is doomed to fail  lawyers claim. Supreme Court documents reveal prosecutors still intend to call evidence from Dr Colin Manock at Keogh’s trial over the death of fiance Anna-Jane Cheney two decades ago, despite savage criticism of his actions and expertise. Dr Manock’s continued involvement in the case is one of many grievances Keogh raises with the court in his application to have the matter dismissed or permanently stayed.  Keogh’s counsel claims prosecutors have irreparably contaminated proceedings by allowing Dr Manock and other witnesses to re-read their testimony from 20 years ago. They say a jury could not be satisfied, beyond reasonable doubt, of guilt in those circumstances — and insist Anna-Jane Cheney was not murdered but “innocently drowned”. In addition, they ask the court to reject evidence that was central to Keogh’s first two trials, including claims of:  Bruising  to Ms Cheney’s head and neck. False  statements allegedly made, by Keogh, to obtain insurance policies.  “Dr Manock is entirely unreliable and has been shown to have misled the prosecution and the court in a number of ways in this case,” the documents assert. “He has indicated ... a lack of independence and that he is partial to the interests of the deceased’s family. “The methods by which prosecution has insisted, despite requests to the contrary, of proofing all its witnesses has resulted in them being contaminated, making (them) unreliable and unfair. “The prosecution is foredoomed to failure, and prosecutors cannot disprove the reasonable possibility (that) the deceased died of natural causes.”.........Counsel for Keogh had attacked the evidence of Dr Manock, then a forensic examiner, who concluded Ms Cheney was deliberately drowned in her bathtub. Keogh’s counsel, however, called expert witnesses who claimed Ms Cheney may have suffered a fatal anaphylactic shock caused by the drug hismanal. The Full Court agreed Dr Manock’s assertions were “unreliable”, his conclusions “not properly explored” and his autopsy “inadequate”. It said his opinion on the manner of Ms Cheney’s death was “no more than prejudicial speculation” and that it was “reasonably arguable” Keogh had suffered a miscarriage of justice. At the time, Dr Manock was asked if he believed Keogh was guilty and replied: “I know he is.” Justice Malcolm Blue will consider the application during closed-court pre-trial hearings.