"South Australian DPP Adam Kimber has abandoned his attempt to
re-try Henry Keogh for the 1994 murder of Keogh’s late girlfriend
Anna-Jane Cheney, claiming his reason that a key witness is too ill. At
first he didn’t name the witness; later the witness was named as Dr
Colin Manock, the disgraced former head of forensic pathology in SA. A
little later still, Dr Manock is reported to have told a friend by phone
that he was ‘fit as a fiddle’. Kimber said in a statement, issued in the afternoon of Friday 13,
November: “I concluded that essential matters would not be able to be
proved unless the witness was called. I came to the view that there was
no reasonable prospect of conviction without the witness.” As Civil
Liberties Australia reports, “Manock headed the forensic science service
in SA for about 30 years from 1968 until his retirement in late 1995,
originally with no formal forensic pathology qualification, later with a
questionable certificate provided by a professional association
basically because he was the head man. “Over those three decades, forensic science expanded worldwide like no other branch of police or legal work. “Manock is
believed to have handled more than 10,000 cases: about 400 involved
alleged murders, including dozens where convictions were secured. In
many other cases, Manock’s findings may have allowed guilty people to go
free, including in three cases of possible “battered baby” syndrome. “Criticisms
of Manock by his peers and lawyers over the years have included words
like “unqualified”, “unreliable”, “dogmatic”, and “incompetent”. The
High Court has used words like “discredited”, “speculative” and
“unsupported by cogent evidence” in relation to him and his findings. A
Royal Commission found his approach to an Indigenous death in custody to
be “inappropriate” and his explanation “inadequate”. Manock has
recanted key evidence he gave in some trials, including in that of
Keogh. “These
facts make it hard to fathom why SA DPP Kimber would ever have perceived
Manock as a “key witness” in a proposed re-trial of Keogh.”......... Perhaps it is Adam Kimber who should be investigated, along with the
whole sorry South Australian justice system, as Civil Liberties
Australia suggests. Civil Liberties Australia says “the Crown in SA knew the likelihood
that there was no murder – that the death was possibly, even probably an
accident – as early as 2004. At least, if the justice system in SA had
been functioning properly, the state’s Solicitors-General and
Attorneys-General since 2004 should have known: an expert forensic
report they themselves commissioned told them so. The report described a
forensic test they could run to prove death was not deliberate by a
handgrip, as described by Manock. The Crown failed to undertake that
test. “The Crown also failed to give a copy of the report to Keogh, as
legal rules required them to do. He languished in jail for a further 10
years, innocent, desperately trying to get his case back before an
appeals court.”
http://pursuedemocracy.com/2015/11/keogh-murder-trial-abandoned-as-was-justice/