Part Two: The Henry Keogh Case: Why Is This man still in jail?

The recent posting on the Australian Henry Keogh case has resulted in some intense reaction from readers of this Blog.

(See recent posting: "The Henry Keogh case: A disturbing research paper from Australia: Why is this man still in jail?")

As with many other miscarriages of justice, this type of reaction is often divided between those people who are truly troubled by the case - and those who are convinced that the accused is guilty, unwilling to look at new evidence, and want to throw away the key.

I have also detected an attitude on the part of some readers to the effect of, "stay out of this...this is our business" - which ignores the fact that miscarriages of justice do not have borders and should be of concern to all of us, no matter where we are located.

It is particularly of concern to this Blog in view of the allegations that have been brought against Dr. Colin Manock in terms of his conduct of the autopsy and his opinion in the case - and the exceptional power that forensic pathologists have when they testify for the prosecution against an unpopular accused.

The thorny nature of the Keogh case is brought out in a review of Dr. Robert Moles book "Losing Their Grip - the case of Henry Keogh (Elvis Press)" by Criminal Law Professor Rosalind Gibson for the "Justice on line Seminar" at Charles Sturt University.

"Relying upon repetitive statements made to the police, this book does not claim to be a literary masterpiece," the review begins.

"Nevertheless, it is gripping from the first paragraph which makes the remainder of the book compellable reading," it continues.

The author systematically presents the facts of the case, setting the scenario for an alleged murder.

The book is essentially a critique of the investigation, trials and conviction of Henry Keogh for the murder of his fiancé.

It begins with all the elements of an Agatha Christie plot which is made all the more chilling by the knowledge that the book refers to real people and real tragedy.

The characters are captivating.

The accused was a divorced man who had been sufficiently charismatic to be able to win the love of a young and attractive lawyer.

Adding considerably to the intrigue and appearing initially to complicate the plot, were the accused’s ex-wife, his former lover and another lover who claimed she was still in a relationship with the accused at the time of his fiancee’s death.

As the different characters involved in the investigation emerge, the reader feels a growing concern regarding the lack of qualifications and experience of the person who conducted the autopsy and acted as forensic pathologist in the case.

Added to this is a creeping concern regarding the DPP prosecutor, so by the end of Chapter Two the reader is left with a deep sense of foreboding that a grave injustice is about to unfold.

This feeling is mingled however with a grave reservation regarding the deceptive behaviour of the accused in relation to his unfaithfulness in relationships.

One can imagine that this evidence would have a negative impact on some jurors but of course it must be acknowledged that unfaithfulness does not necessarily indicate a propensity to murder.

Nevertheless, a negative imprint is made at some cerebral level and is not easily overturned especially when evidence of life insurance policies to which the accused is a beneficiary, becomes an issue in the case.

Despite the fact that the initial police statements indicated that there was no suspicion of murder, the case against Henry Keogh slowly and insidiously grew as each piece of circumstantial evidence was accumulated.

If the reader allows themselves to think like a juror (and not like a lawyer) as the prosecution case is presented, it results in an ominous weight of negativity being built up against the accused.

Once this negative impression is formed it is difficult to shift but as the reader progresses, it becomes obvious that the author is clearly of the view that a terrible injustice has occurred in this case and that Henry Keogh was wrongfully convicted of murdering the woman he was planning to marry.

The jurors of course did not have the benefit of the analysis presented by Dr Moles.

What follows from this point is a solid presentation of evidence and expert opinions that leave the reader in no doubt that the autopsy was conducted in an inadequate manner.

It also raises serious questions about the objectivity of the DPP involved in the case.

I suspect that for many readers some level of suspicion regarding Henry Keogh may still lurk in their minds despite their recognition of these obvious deficiencies in the system.

However, the final section of the book which sets out ‘Principles and Cases’ does tend to consolidate the thought that justice in this case has not prevailed.

Dr Moles simply sets out a clear set of legal principles, some of which are Australian and therefore legally binding in this country.

When the reader applies these principles to what they have just read, it should leave them in no doubt that a serious injustice has occurred which should be rectified as soon as possible.

I recommend this book to anyone who has an interest in criminal law, criminal proceedings, and justice, in the hope that they will add to the groundswell of voices of people actively campaigning for justice for Henry Keogh."

In this Bloggist's experience, there are some cases that will never go away because they are hollow to the core.

I suspect the Henry Keogh case is one of them,

Harold Levy...hlevy15@gmail.com;