STORY: "Murder verdict in doubt, Henry Keogh to walk free," by reporter Meredith Booth, published by the Australian on December 20, 2014.
GIST: "Henry Keogh is likely to walk free on Monday after serving almost 20 years behind bars for the 1994 “body-in-the-bath” murder of his fiancee Anna-Jane Cheney. In a landmark ruling late yesterday, the South Australian Full Court of the Court of Criminal Appeal said there was compelling evidence that a substantial miscarriage of justice had occurred relating to forensic evidence. The court set aside Mr Keogh’s conviction, granting him a retrial. “We have no doubt that, had the fresh and compelling evidence been before the jury at the applicant’s trial, a conviction would not have been inevitable,’’ the judgment said.........The appeal was granted this year on the basis of fresh evidence of a possible miscarriage of justice after amendments to the state’s Criminal Law Consolidation Act. Police initially treated Cheney’s death as not suspicious. Only later, when South Australia’s then chief forensic pathologist Colin Manock raised a murder scenario, did police mounted a criminal case. The allegations were that Mr Keogh, then 35, drowned 29-year-old Cheney, a lawyer, in her bath by grabbing her legs and lifting them up over her head. But this could not be supported by forensic evidence.........Law expert and author Robert Moles, who has followed Mr Keogh’s case for more than a decade, said it was unlikely he would face a retrial as the government’s own forensic experts had found no evidence to support a murder case. Forensic expert and Flinders University associate professor Anthony Thomas, who examined a report on the case, has alleged Cheney may have suffered an extreme reaction to the antihistamine drug hismanal prior to her death, rather than having been murdered. Dr Moles said the court had allowed a possibility of a retrial, but prosecutors needed evidence. “I think it’s a theoretical possibility,’’ he said. The court’s decision was “bigger than Keogh” and likely to be the first domino in about 400 South Australian cases at which Dr Manock gave evidence, he said."
GIST: "Henry Keogh is likely to walk free on Monday after serving almost 20 years behind bars for the 1994 “body-in-the-bath” murder of his fiancee Anna-Jane Cheney. In a landmark ruling late yesterday, the South Australian Full Court of the Court of Criminal Appeal said there was compelling evidence that a substantial miscarriage of justice had occurred relating to forensic evidence. The court set aside Mr Keogh’s conviction, granting him a retrial. “We have no doubt that, had the fresh and compelling evidence been before the jury at the applicant’s trial, a conviction would not have been inevitable,’’ the judgment said.........The appeal was granted this year on the basis of fresh evidence of a possible miscarriage of justice after amendments to the state’s Criminal Law Consolidation Act. Police initially treated Cheney’s death as not suspicious. Only later, when South Australia’s then chief forensic pathologist Colin Manock raised a murder scenario, did police mounted a criminal case. The allegations were that Mr Keogh, then 35, drowned 29-year-old Cheney, a lawyer, in her bath by grabbing her legs and lifting them up over her head. But this could not be supported by forensic evidence.........Law expert and author Robert Moles, who has followed Mr Keogh’s case for more than a decade, said it was unlikely he would face a retrial as the government’s own forensic experts had found no evidence to support a murder case. Forensic expert and Flinders University associate professor Anthony Thomas, who examined a report on the case, has alleged Cheney may have suffered an extreme reaction to the antihistamine drug hismanal prior to her death, rather than having been murdered. Dr Moles said the court had allowed a possibility of a retrial, but prosecutors needed evidence. “I think it’s a theoretical possibility,’’ he said. The court’s decision was “bigger than Keogh” and likely to be the first domino in about 400 South Australian cases at which Dr Manock gave evidence, he said."
The entire story can be found at:
http://www.theaustralian.com.au/news/nation/murder-verdict-in-doubt-henry-keogh-to-walk-free/story-e6frg6nf-1227162426707?nk=1a778c2372b47556636e6de28bf794bf
See related ABC News story: "University of Dundee forensic pathologist Professor Derrick Pounder had told the court that the 1994 autopsy of Ms Cheney was inadequate. Professor Pounder said the failure to weigh the heart of the alleged victim was just one of several failings. He said the detail and description provided in the report, by then chief forensic pathologist Colin Manock, was far below the standard expected at that time. He also said standards were even below those Dr Manock had taught him when they worked together at Adelaide's Forensic Science Centre."
http://www.abc.net.au/news/2014-12-19/henry-keogh-retrial-over-alleged-anna-jane-cheney-murder/5980180
PUBLISHER'S NOTE:
Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.
The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
I look forward to hearing from readers at:
hlevy15@gmail.com.
Harold Levy: Publisher; The Charles Smith Blog
