As Elly’s father I have fully investigated my own daughter’s Murder over 9 long years and I have now obtained all the facts and answers with supporting evidence to prove these facts and circumstances surrounding the murder of my daughter Elly Rose Warren. Therefore I am now in a very “strong position” to finally write a full factual “detailed” summary of all the circumstances below.

It’s “Very” important for anyone who reads this Detailed Summary below over 9 long years to Understand I only state the “Facts” which are supported by recordings, court transcripts and official documents which are entered into the Coronial evidence brief. Therefore it’s not “allegations” only solid burden of proof FACTS which I can totally support!!!

the murder of My daughter ELLY Rose warren

Elly Warren was an Australian woman who was murdered at Tofo Beach the province of Inhambane in the South Eastern part of Mozambique in 2016. Elly was born and raised in Mordialloc a suburb of Melbourne attending Parkdale Secondary College. Upon her return from Mozambique she had planned to attend James Cook University to study marine biology.

Elly was in Mozambique on a six-week trip where she was volunteering and working alongside scientists for Underwater Africa, a volunteering marine research conservation program. She was travelling by herself in Africa and during her time in Mozambique she stayed in a hut bungalow at Casa Barry Lodge in a popular diving resort at Tofo Beach. The marine research team would take a boat out to the reefs off the coast of Tofo, a small fishing village where Elly would scuba dive with a team of Marine biologists and scientists exploring and studying the abundances of teeming marine life in the Indian Ocean between Madagascar.

On Tuesday November 8th 2016 Elly left Casa Barry Lodge as her six weeks program had finished, for accommodation at Wuyani Pariango backpackers in Tofo, where she had left her belongings. Elly was with friends that evening and was last seen talking with them at 11.30pm and she appeared normal with no “ripped apart t-shirt” seen on her at this time. This was the last time any of her friends had seen Elly alive. She was at the end of the six week program with Underwater Africa having been booked to arrive home on the 13th November 2016. However on Wednesday morning the 9th November, Elly's body was discovered by a local fisherman at 5am at a toilet block near a street market place in Tofo.

Initial Investigation

Directly after Elly’s death, there were inconsistent reports as to the cause and manner of Elly’s death. Initially a Inhambane police spokesman Detective Juma Dauto said: "It looks like an accident" and "we are in doubt as to what could have happened." He went on: "She didn't have a scratch, didn't have a bruise on her indicating there was no violence or rape. I guarantee it. I have total confidence she was not raped. The community here is shocked, this has never happened. Everybody wants to know what happened.

It must be noted; That Detective Dauto has failed to “mention” that Elly’s t-shirt she

was wearing at the time of her death, was totally destroyed, ripped apart from her

right shoulder and the entire length of the right side of her body, that she was

wearing at the time of her murder. (These above facts are fully explained later on.)

" Right after Elly’s death, Melbourne newspaper The Age reported: “Australian government information — from the Department of Foreign Affairs (DFAT) and the Australian high commission in South Africa — suggests Elly was found on the beach near a toilet block possibly raped and murdered.”

The Mozambique “autopsy report and prosecutor's report” was given to the Australian Federal Police (AFP) through back channels by the Mozambique Chief Inspector in 2016 and concluded it was a “violent death Homicide” with an “abundance of sand packing the airways”. There was a second autopsy in South Africa which stated the cause of death as aspirating a lot of sand packing Elly’s airways to the lower levels of her lungs. Surprisingly a third autopsy was asked for by the Melbourne Coroner at the Victorian Institute of Forensic Medicine (VIFM) which found “no major sand in the airways whatsoever and not even any sand in both lungs as the Melbourne pathologist did not report finding any sand in her lungs in his autopsy report, consequently he concluded the death as “Undetermined” in 2016!!! This then raised the possibility at the time, did the Melbourne Pathologist examine the correct body at the VIFM by the family!!!!

I was “very concerned” at this time with the Melbourne pathologist report as I had spoken directly with the South African pathologist Dr Klepp over the phone on the 20th November 2016 and she informed me Elly’s airways were “packed” with sand and that she “suspected Foul Play” with the marks on her face which had become more evident over time around 8 days after Elly’s death. Therefore it did not add up at all that the Melbourne pathologist did not find Elly’s airways and lungs still full with sand blocking her airways as the Melbourne pathologist concluded Elly’s cause of death as Undetermined!!! A meeting was then arranged with the Melbourne Pathologist, family and AFP for a please explain all recorded with “consent” where the Melbourne Pathologist still states he found no sand whatsoever and would state this in court if asked, but he was very confident it was Elly’s body he had examined!!! It took SIX long years later for the family to have the coroner change the Melbourne pathologist finding of undetermined in 2016/17, at the inquest in 2023 to “aspirating a large amount of sand completely blocking her airways because of Dr Klepp’s compelling evidence given regarding the “packed chockablock sand” she had found in her examination totally compromising the airways!!!!

There was a “radiology report” requested BY myself in 2019!! This report was generated from the CT Scan “just before” the Melbourne autopsy examination on the 22nd November 2016 and clearly showed very “high density readings” of sand 1290HU and 947HU equivalent to “cement density” and “bone density” in some areas of Elly’s airways with both lung trees completely filled with sand!!! The facts in the radiology report were all confirmed later as “solid factual evidence given” at the inquest in 2023 by the Radiologist!! Therefore all this sand was present when the Melbourne pathologist conducted his autopsy but he did not find any sand as he clearly states at the “RECORDED” meeting with the family in September 2017. These density masses are not mentioned in his autopsy report, not even that both lungs were filled with sand!!!! Therefore the Radiology report had confirmed again in 2019 and supported what Both the Mozambique and South Africa autopsy reports concluded, “abundance of packed sand obstructing the airways causing death,” These facts prove the sand was there inside Elly’s airways and is why the family questioned if it was Elly’s body the Melbourne pathologist had examined!!! Some of these important FACTS above are not mentioned in Mr Cain’s findings and Mr Cain along with coroner Bracken were fully aware of all these circumstances with my letter’s, statements and affidavit presented to the court informing the court that Elly’s family were infuriated, frustrated and very disappointed with the “incompetency” of the Melbourne pathologist and “unethical behavior” of the Mozambique police and even with own Australian authorities. Which is fully explained later on in this summary of circumstances!!!

I had also discovered with my investigation in 2019 that “vital material trace evidence” was also “overlooked” by the Melbourne pathologist, a ladies sanitary item which was removed and placed inside Elly’s body in a plastic bag by the South African Pathologist Dr Klepp for repatriation to the Melbourne VIFM. This was later “confirmed” as solid facts by the South African pathologist in evidence given under oath at the inquest in 2023. I had sent a letter to the coroner Mr Bracken at this time asking for a full investigation into this vital missing evidence dated the 10th September 2019. (This is in Correspondence on this website).

The Melbourne pathologist at the inquest has stated “that someone can be sexually assaulted and show no signs,” adding to the importance of this vital evidence which has never been “Found” at the VIFM and tested for DNA given the “highly suspicious circumstances” of Elly’s death at the time!!! This was a “huge disappointment for Elly’s family” as this was “CRITICAL” material trace evidence which has “never” been found to this day and should have been forensically tested for DNA!!! Later on we obtained the services of another pathologist Dr Byron Collins and in his report he states given the suspicious circumstances of Elly’s death the tampon should have been DNA tested!!

After my phone conversation with the South African pathologist on the 20th November 2016 she contacted the Australian Embassy in Pretoria the very next day 21st November.

An email below was given to the family November 2016 from DFAT regarding correspondence from Dr Klepp;-

‘Dr Klepp has spoken to the father and he has given her permission requesting to ask for any information or documentation be given to her’. ‘Dr Klepp also noted that she was waiting for toxicology results before determining the nature of Ms Warren’s death, Highlighting that she believed the “facial injuries particularly bruising and abrasions around her mouth, had become more marked with time and suggested that Ms Warren had been held face down in the sand resulting in death by aspiration”.

However later on at a meeting in South Africa with Dr Klepp on my first trip in October 2018, I showed Dr Klepp the above email from DFAT and she said these were “objective findings”. It’s very Interesting to note here Dr Klepp was only ever given the Melbourne Pathologist autopsy report concluding undetermined and not the Mozambique autopsy report concluding violent death/Homicide with abundance of sand reportedly found obstructing the airways from the AFP or DFAT at this time. I had given my permission for Dr Klepp to receive all the important documentation as she asked for this specifically when I spoke with her over the phone which is confirmed above in DFAT’s email. Dr Klepp asked to see the Mozambique autopsy report at our meeting and I gave Dr Klepp the Mozambique autopsy report for the first time at this meeting with her in October 2018 two years after!!! Dr Klepp was very happy to “discover” that the Mozambique autopsy report concurred with her findings, especially with the “packed sand in the airways”!! However Dr Klepp did say “Homicide is up to a judge to determine accounting for all circumstances involving the facts of how the death occurred”. The AFP and coroner’s court were very much aware of all these suspicious facts and circumstances surrounding the death of Elly with Dr Klepp in 2016 as I have the emails from me telling the court, AFP and DFAT along with the recorded meeting with the Melbourne Pathologist in September 2017!!! Dr Klepp had conducted the second autopsy in South Africa and should have most definitely been “Interviewed for a statement ” by the AFP for the Victorian state coroner in 2016. This was vital under the circumstances and should have been simple procedure by the AFP to have acquired a statement due to the “Inconsistencies” between the Melbourne pathologist cause of death as “undetermined” and the comprehensive conclusive cause of death from both the Mozambique & South African as “abundant sand packing Elly’s airways Chockablock”!!! These findings were supported as factual evidence given by Dr Klepp at the inquest in 2023!

Dr Klepp was willing to talk about her findings in 2016 as she had placed her phone

number at the bottom of her autopsy report with a convenient time frame to contact

her in south africa inviting anyone to talk about her autopsy report/findings!!!

however the sad fact is No one but myself bothered to contact Dr Klepp in 2016/17!!!

DFAT received an official Mozambique police report on the 6th April 2017. This police report stated Elly died from a drug overdose!!! DFAT directly informed the Mozambique police who sent this initial report of overdose, of their own autopsy report which had stated in its conclusion that it was a “violent death of Homicide” and four days later a revised police report was sent out to DFAT who passed it on to the AFP, Coroner and family on the 10th of April 2017 stating it is now a homicide!!!

I was “furious” with these “two police reports ” contacting the high commissioner directly at the Australian embassy in Pretoria, prompting a visit from the Australian high commissioner to meet with the Mozambique officials in Maputo, May 2017 to please explain these circumstances of the two police reports!! What had outraged me even more at this time was the fact the AFP had obviously completely “misinformed” the family all this time that the Mozambique police were doing a proper investigation at this early stage!! It was at this point in time after these two police reports that I knew I could not trust even our own Australian authorities taking my daughter’s investigation into my own hands trusting no one after April 2017!!!!!

There was “comprehensive toxicology screening” completed by both Australia and

South Africa all returned a “NEGATIVE” result.

The second official “revised Mozambique police report on the 10th April 2017 from SERNIC” was given to the AFP by DFAT as its all mentioned in the AFP “Action Sheet” on page 13 explained below!! This police report states they are now treating Ms Warren’s death for the first time as a “HOMICIDE”. However no mention of a “RIPPED APART TOP” in this “official revised Mozambique police report”!!! This is when it was confirmed to the AFP in April 2017 that Elly’s death was being treated as a “ CRIME/HOMICIDE ” by the top Mozambique crime police authorities called the, “NATIONAL CRIMINAL INVESTIGATION SERVICE” ( SERNIC ).

I must first mention here and explain the AFP “Action Sheet” as its contents are “very important” and I often refer to the AFP action sheet in this summary. Basically it documents the chronological turn of “very important events” with dates and some detailed correspondence of these important events from the time of Elly’s death for a period of two years after. This AFP action Sheet is all documented facts and was the responsibility of the AFP/SLO superintendent based at the Australian embassy in South Africa Pretoria.

However some of the facts in the AFP action sheet are misguiding and prevaricate!!!

One perfect example, documented in the AFP action sheet is on pages 12-13, Specifically page 13 dated on the 10th April 2017 where DFAT had sent the AFP/SLO stationed at the Australian embassy in South Africa (Pretoria) an Official SERNIC revised Mozambique police report clearly stating homicide also on the 10th April 2017 in his action sheet. However the AFP/SLO describes this Official police report in his “action sheet” as a “MOZAMBQUIE DOCUMENT” THAT STATES THE CAUSE OF DEATH AS SUFFOCATION. This is basically all true “but” HALF TRUTHS  as this is in fact the official revised Mozambique SERNIC police report with a case file No 775/2016 and it also states Ms Warren is a “victim of Homicide” in the very first paragraph of this official police report. But these vital facts are not explained here “FULLY” by the AFP/SLO in his action sheet, only that it’s a “MOZAMBIQUE DOCUMENT!!!!” This is all “FACTS” as I have all the supporting official documents and is explained further below why the AFP/SLO has not disclosed all the vital information or facts here in his action sheet!!!

What is also very “disturbing” and is recorded on video and transcript on the 11th December 2023 with my oral submissions to Mr Cain (inquest coroner 2023) is the AFP lawyer has also taken full advantage of this PREVARICATE WORDING in the ACTION SHEET on page 13 dated the 10th April 2017 and states to the coroner that I am “INCORRECT “ in stating this is an Official revised Mozambique police report at my oral submissions and needs to clarify this to Mr Cain that it is referring to an “Autopsy report”. The AFP lawyer is correct here to a degree, however this is only half of the facts disclosed again as this reference made in the Action sheet on page 13 dated the 10th April 2017 of the cause of death as “suffocation” has been taken from this official SERNIC police report which was given to the AFP/SLO on THIS DATE by an email from DFAT and this police report is also dated the 10th April 2017. The wording suffocation is from an autopsy report mentioned within this official police report but the AFP lawyer is “MISLEADING” the coroner Mr Cain and confusing the coroner at the time at my oral submissions hearing on the 11th December 2023!!! There is “NO” doubt it’is “diversion tactics” here by the AFP lawyer as this 10th of April Mozambique document on page 13 in the action sheet is without question an official revised Mozambique police report as the “FACTS” prove and it was sent to the AFP/SLO by DFAT which clearly states in the first paragraph that an Australian citizen Ms Warren is a victim of HOMICIDE!!! . I need to reaerate here It also clearly states at the end of this police report some possible causes of death and (DIRECT SUFFOCATION IS ONE OF THOSE POSSIBLE CAUSES OF DEATH WHICH IS ONLY MENTIONED IN THE ACTION SHEET BUT IT ASLO CLEARLY STATES THAT THE CASE IS A HOMICIDE!!!! Again it all becomes a bit confusing and I have tried to explain what the AFP are doing here as simple as I can briefly directly below!! The full facts here are revealed further in this summary!!!

The AFP are misleading here as they are attempting and maintaining to inform the coroner that the Mozambique Police authorities had “NEVER CLASSIFIED” Ms Warren’s death as a crime before MAY 2023. Therefore not being made “accountable” in sending the official Mutual assistant request to offer our direct assistance in 2016/17. This is also very obvious with the AFP’s commander Smith evidence given at the inquest in 2023 which is explained further in this summary. The reason and therefore motive is all explained further below proving without question this is clearly all “ Misleading evidence” and it’s all documented in my oral submissions transcript blog on this website!!!! However there is another more comprehensive official SERNIC police report also stating Ms Warren is a victim of “ CRIME/HOMICIDE” “WAY” before May 2023 also all explained later in this summary!!!! This police report is officially from the Mozambique “DIRECTOR GRNERAL” Domingos Francisco Jofane SERNIC (criminal investigation and instruction inspector/coordinator) !!! This official police report was given to the AFP and DFAT of the 11th of august 2020 which was passed on to the coroner and family!!!

The facts above are also further explained in detail with my Investigation blog in (search for the truth) on this website with the relevant sections dated 6th and 10th of April with pictures of these sections taken directly from pages 12 & 13 from the AFP action sheet.

Now as stated above the Mozambique Autopsy report was given to the AFP/SLO by the chief Mozambique inspector (CUDZI) through “back channels” in 2016 well before the 10th April 2017!!!! This is confirmed as fact by the AFP/SLO with his evidence given at the inquest in 2023. The AFP/SLO also states in his action sheet on page 12 he obtained the Mozambique autopsy report from Inspector CUDZI on the 2nd February 2017 as dated in his action sheet!!!! There is “NO” mention of the Mozambique’s autopsy conclusion in his action sheet at this time or at all for that matter which the AFP/SLO clearly was in possession of at this time!!! However the AFP were aware of the Mozambique Autopsy “CONCLUSION” earlier on In December 2016 because I had a meeting with two AFP/FILO officers at my home on the 19th December 2016. At this meeting I was verbally informed of the “conclusion” to the Mozambique autopsy that it was a VIOLENT DEATH/HOMICIDE!!! Way before February 2017!!!!

Note; Inspector CUDZI  was the SERNIC  police inspector in charge of Elly’s investigation 2016/19 stationed at nearby Inhambane police (PIC) Headquarters (Police Investigation Criminal).

Relevant transcript lines placed together page 284 21-31 and page 285 1-4 from my oral submissions on the 11th December 2023 with the AFP lawyer and the coroner Mr Cain below;-

AFP Lawyer states to Mr Cain;-

“As a matter of clarity, Mr Warren referred to and from the action sheet as well an official police report from the 10th April 2017”. “I think from pg. 13 of the police report which is attached to his Affidavit”. “I simply wish to point out that the action sheet refers to an autopsy report rather than to an official police document”. “That does make a difference and it’s a matter that was discussed by the AFP in its submissions to you that was a factor but a document authored by a person, doctor in Mozambique rather than any OFFICIAL POLICE CHANNEL!!!” “That remains as the AFP submitted- it was not until the more recent visit that Commander Smith made that a formal or between - authorities statement of homicide was made”.

this Mozambique document has refered to Autopsy findings of suffocation but this

partcular document in the action sheet on page 13 as mentioned above by the AFP

lawyer is not an Autopsy report!!! the “Mozambique Document” mentioned in the

action sheet on page 13, dated the 10th April 2017 is an Official Mozambique revised

police report from SERNIC that clearly states homicide sent to the AFP/SLO by email

from DFAT in 2017 well before commander smith’s visit in may 2023!!! what is very

Interesting here is that the AFP lawyer has not mentioned this here giving you another

very good example of the ”half truths” mentioned only and this time it is directly to

the coroner in court at my oral submissions!!! This official mozambique SERNIC police

report contained some further vital facts within, which were not “disclosed” by the

AFP/SLO in his action sheet and then the AFP Lawyer in court!!! I reiterate the facts in

this police document/report clearly states Ms Warren is a victim of homicide well

before commander’s smith visit to Maputo in May 2023!!! Why has this not been

mentioned here as it is Vital factual information under the circumstances?!!!!

The AFP submissions that the AFP Lawyer has mentioned above is explained further in this summary below with the facts in the mutual assistance request, which is also misleading.This can’t be incompetency by the AFP and AFP lawyer as the official Mozambique police reports do clearly “EXIST” and clearly state in both official police reports that Ms Warren is a victim of a CRIME/HOMICIDE!!!! The facts prove that these official Mozambique police reports were given to the AFP by DFAT well before 2023!!! These official Mozambique police reports were later entered into the Coronial evidence brief!!!! Therefore “WHY” hide all these vital and very important facts from the coroner?!!!! It maybe because all the vital true facts “EXPOSE” the AFP/SLO of not “disclosing” vital information to the coroner in 2016/17 Hiding the facts form the coroner that further proves Ms Warren’s death is a CRIME”!!!! Therefore the AFP and AFP lawyer are covering the tracks of the “half truths” here by the AFP/SLO in not disclosing the full facts to the coroner in 2016/17 which includes the clear version of the crime photograph!!! They then all again deceive the coroner at the inquest in 2023 covering these tracks!!!!

I reiterate Page 13 in the AFP action sheet is an official Mozambique revised police report from SERNIC on the 10 April 2017 given to the AFP by DFAT, IT IS NOT AN AUTOPSY REPORT  and this official police report clearly states in the “FIRST PARAGRAPH” Ms Warren is a victim of Homicide!! The AFP lawyer is attempting to “confuse” the coroner here by pulling the wool over the coroner’s eyes stating;-

“The AFP in its submissions to you that was a factor but a document authored by a

person, doctor in Mozambique rather than any “OFFICIAL POLICE CHANNEL”!!!

This above is clearly misleading the coroner and I have the burden of proof facts with the “official documents” and it is all further fully explained later on in this summary!!! However we need to view and analyse the “LEVEL” of misleading here as its boarding on “DECPTION” with the AFP and their lawyer as they have clearly gone to a “lot of trouble” in an attempt to “DISGUISE” the fact that it was officially classified a Crime/Homicide well before commander Smith traveled to Mozambique in May 2023!!!!

Commander Smith traveled to Maputo in May 2023 where the Mozambique officials had supported their conclusion of their two previous official police reports from SERNIC which are clearly “OFFICIALLY POLICE CHANNELS”  on the 10th April 2017 and the other Comprehensive detailed official SERNIC police report from inspector CUDZI on the 20 August 2020!!!!! Both these official Mozambique police channels/reports clearly state Ms Warren is a victim of “HOMICIDE” I reiterate this is clearly “FROM” official police “CHANNELS” WELL BEFORE MAY 2023!!! The full details here with the above facts are exposed further on in this summary but I need to explain some important facts first below connecting all the pieces to the puzzle together systematically, placing all the vital evidence together forming a “solid foundation” surrounding all the true facts connected with my daughter’s murder!!!!

It must be strongly noted: As mentioned above the “first” official Mozambique police

report from SERNIC on the 10th April 2017 classifiying Ms warren’s death as a homicide

had “not” mentioned the clear photograph and the fact Elly’s black T- Shirt she was

wearing at the time of her death was “RIPPED ARART”!!!!

It also must be strongly NOTED the below facts prove that the reason we are “AWARE” of Elly’s T-shirt being totally destroyed, ripped apart is because there is a crystal clear version of a photograph taken by the “very first person” who discovered Elly's body, a local fisherman at 5am. He has taken a “CRITICAL” photograph at this time proving vital evidence and is the only factual crime scene photograph we have!!! This is where it gets confusing for someone who is not familiar with the case. Because there is two versions of this “same” photograph one version is completely “BLURRED” and the other is ““CRYSTAL CLEAR” clearly showing Elly’s top is ripped apart from her right shoulder and all the way down Elly’s right side with her bottom half of her body all exposed half naked laying flat with her head “on top of a firm dirty sandy pathway” on her front near a toilet block. The reason why there are two versions of the “SAME” crime scene photograph is because one was taken by the Australian Honorary Consul who attended the crime scene only “Three Days’ after Elly’s death from the fishermen’s phone as the photo couldn’t be downloaded or transferred as the fisherman had a small older phone. Therefore the Honorary Consul took a photo of the fisherman’s “phone screen” of the photo with Elly’s body on the fisherman’s phone which came out “Blurred”. Later when the Honorary Consul had left Tofo to return home which was five hours drive away the fisherman then sent the Honorary Consul the “same” crime scene photo again by email which turned out to be the “Crystal clear version”. Therefore this evidence becomes a little confusing and the Australian Federal Police had taken “ FULL ADVANTAGE ” of these confusing circumstances surrounding these “two versions of the same crime scene photo” as the AFP did not disclose the crystal clear version of the photo to the coroner as this critical clear version is not in any AFP or DFAT’s statements. The “BLURRED” version has “only” been entered into the AFP/SLO and DFAT’s Honorary consul statements!!!

The AFP/SLO possessed both a blurred and a clear version of the crime-scene photograph. The clear version, which showed significant damage to the Elly’s clothing, was not disclosed to the coroner or entered into the coronial brief, while the blurred version was. This selective disclosure materially limited the coroner’s visibility of evidence indicating violence and raises serious concerns about completeness and candour.” Consequently this critical evidence of the clear photo clearly exposing Elly’s T- Shirt ripped apart was never reported to the coroner in 2016/18 by the AFP or AFP/SLO. The AFP were however “supporting” the coroner with her investigation at this critical time!!! The AFP’s motive, I explain this in more detail in this summary of circumstances below as the AFP did not disclose this critical evidence proving further that it was a “CRIME” from the coroner!!!!! (WHY is explained later on in this summary). Therefore it’s “VERY IMPORTANT” you understand the circumstances surrounding these “two versions” of the “same photograph” one completely “blurred” and you can’t see any detailed evidence whatsoever just the outline of a body on the ground and the other is “Crystal clear” which exposes all the “critical evidence” of the “same” photograph at the crime scene of the ripped apart top. Etc !!!) You will soon realize just how important this is to “fully understand” how these two versions of the same photograph exist later on in the summary!!!!

Another very interesting factor here and I need to mention this here as earlier on in this summary you were not aware of the photo taken by the fisherman when I spoke about the AFP action sheet. It’s concerning the AFP/SLO wording again in his Action sheet as each time he mentions passing on the photo to the Mozambique chief inspector in his action sheet the AFP/SLO dose not differentiate between the two photos whether the photo is blurred or clear each time!!! The AFP/SLO had passed on both versions of the photo to the chief inspector CUDZI once around the 18th or 20th November which is the proven “BLURRED” photograph entered in his statement only and again to the Mozambique chief inspector on the 8th December as the “CLEAR VERSION” of the same photograph from the fisherman. The AFP/SLO only ever mentions the photo each time in his action sheet as the “ PHOTO TAKEN BY THE  FISHERMAN”. Another clear example of how all the facts are not “mentioned” giving limited information away on the case by the AFP/SLO and AFP taking full advantage as I mentioned above of these confusing aspects by not disclosing all the facts surrounding these two versions of the same photograph in their action sheet and statements!!!!. Therefore in the AFP/SLO statement to the coroner he has stated only again that its the photo from the fisherman without giving away the details surrounding the blurred photo he acquired some time between the 13th to the 20th of November 2016 from the Honorary Consul. Which the facts clearly prove is the “blurred” photograph he only acquired at this time as this blurred photograph was only ever entered officially into the evidence brief by the AFP/SLO!!! The AFP/SLO’s statement has also not mentioned when he acquired the Clear version from DFAT on either the 24th and 25th November by email and therefore also leaving out the fact that he passed this clear photo on the the Mozambique chief inspector CUDZI by email on the 8th December 2016 from his “official statement” to the Victorian coroner in 2016/17!!!! However it’s documented in the AFP/SLO’s Action sheet that the photo taken by the fisherman had been passed over twice to the Mozambique chief inspector CUDZI on the above dates in 2016!!!

The other official Mozambique SERNIC police report stating Ms warren is a victim of

homicide from the chief Inspector (CUDZI) and the Mozambique “Director general” in

August 2020 has also“NOT” mentioned “the ripped apart top” or the “Clear crime scene

photograph” taken by the local fisherman at 5am. this police report has more detail

and is therefore a more comprehensive police report on Elly’s murder Investigation!!!

The Mozambique Chief inspector CUDZI has not entered the “clear photo exposing the ripped apart t-shirt” in his official police report four years later to the “MOZAMBIQUE DIRECT GENERAL”!!! Therefore the Chief Inspector did not need to explain the ripped apart top in his detailed report sent to DFAT from his superiors on the 20th August 2020, keeping this information to himself and obviously not informing his superiors!!! Therefore not exposing his own “Tofo local police cover-up” to his superiors which is also “fully explained later in this summary. The “clear version” of the crime scene photo was given to the Mozambique chief inspector CUDZI by myself in 2018 and again on the 8th December 2016 by the AFP/SLO based at the Australian embassy in South Africa!! I reterate the AFP/SLO had never entered this “clear version” into his official statement not placing this critical evidence into the colonial brief!!! The AFP/SLO had only entered the “BLURRED” version into evidence with his statement in 2016/17. However the AFP/SLO had obtained both “VERSIONS” of the same photograph as he had given the clear version to the Chief Inspector as above. This is also “confirmed” and documented in “official correspondence” in Mr Cain’s findings at (No 145) which is mentioned in this summary below, the AFP/SLO’s action sheet on the date, 8th December 2016 and in two Official letters one from DFAT to the family on the 22nd March 2019 from DFAT’s assistant secretary Claire McComish. The other official letter was sent to the coroner Mr Cain on the 16th June 2023 from the “Australian Government Solicitor” also clearly stating that it was the BLURRED VERSION ONLY ENTERED IN THE AFP/SLO STATEMENT TO THE CORONER AND BRIEF AS EVIDENCE IN 2016/18!!!! All this official correspondence together at some point explains without doubt that the AFP/SLO had entered the “blurred” photo only in his statement to the coroner as evidence and he had passed the “clear” photo on to the chief inspector on the 8th December!!! Therefore the AFP had “NOT” passed on the clear photograph or reported on the clear version to the Victorian state coroner in 2016/17!!!! This is the AFP’s “responsibly only” explained below in “Grey Area”.

Elly’s family was not aware of this crystal clear version of the crime scene photograph clearly exposing the ripped apart top until my first trip to Mozambique in October 2018 when it was given to me by a local fisherman and I again passed it onto the same chief inspector CUDZI at this time October 2018. I am sure there were some “very worried” people from the Australian authorities when they found out that I had obtained the “CLEAR” photograph myself in Tofo two years later “clearly exposing” the ripped apart top!!! Elly’s family was only ever given the “blurred” version!!! “No” Australian authorities had told the family that this clear version of the crime scene photo had “EVER EXISTED” !!!! DFAT and the AFP had the clear crime scene photo all along in 2016 and this “critical evidence exposing the ripped apart top” was never given to the family or the coroner BY the AFP in 2016/18!!! As I have said the clear photo was never entered into the Colonial brief as evidenced by the AFP. I was also informed of this by the coroner’s assistant at the time in 2018 after my first trip to TOFO by Mr King Taylor who was the Coroner’s assistant to Mr Bracken at the time and they both were “not aware” of a clearer version of the photograph until I sent this clear version to the coroners court from Mozambique/Tofo by email in October 2018 on my first trip over!!!

It’s also very Interesting to note here in the AFP/FILO’s summary of Circumstances for the coroner’s coronial brief who was assigned to the Family in Australia (Kylie) and she clearly states and “confirms” that a “BLURRED PHOTOGRAPH is only entered into the official coroner’s evidence brief. No mention of a “CLEAR PHOTOGRAPH” being entered into evidence or the evidence brief by the AFP!!!!! Supporting the fact that the “CLEAR CRIME SCENE PHOTOGRAPH” was never been entered into evidence or the coronial evidence brief by the AFP only the “blurred photo” by the “AFP/SLO” in his official statement to the coroner dated the 17th October 2017, stationed at the Australian embassy in Pretoria!!!

It’s also very Interesting to note here the “Mozambique prosecutor's report” from (Morals Baubo Nhanala) is also mentioned by the Australian AFP/FILO with her official Brief, summary of circumstances for the coroner. The Family or coroner has also never “SEEN " this critical evidence of the Mozambique prosecutor’s report and it also has never been entered into the coronial brief as evidence by the AFP!!!! However it clearly states in the AFP’s “summary of Circumstances” for the coronial brief that the AFP or AFP/FILO had obtained this Mozambique prosecutor’s report along with their autopsy report!!!

There is another “grey area” here with the clear photograph and i will explain as the

AFP will try and “worm” their way out of these responsibilities below.

The clear photograph was actually sent to the coroner’s court by “DFAT” in 2016 but it was not entered into the evidence Brief or given to the coroner or Melbourne pathologist!!! I had told Mr King Taylor the coroner’s assistent to Mr Bracken this after receiving the official letter from DFAT’s Claire Mc Comish on the 22nd March 2019 stating DFAT had not only given the clear photo to the AFP/SLO but also to the coroner’s court in 2016. Mr Taylor told me again that the “clear version” was never placed into evidence by the AFP in 2016/18 only the “blurred version” and he and Mr Bracken were not aware of any clear photograph until I gave it to them during my trip to Tofo in October 2018. Mr Taylor told me at the time that he will look into what happened to the clear photograph. Two weeks later I contacted Mr Taylor again about the clear photo and he told me, “yes the court was given the clear photograph in 2016 by DFAT but it was just” “FILED AWAY” “and not given to anyone therefore it was lost in the system.” At least Mr Taylor was honest about this mid 2019! Mr Taylor was also in attendance at the meeting with the Melbourne pathologist in September 2017 when I mentioned Elly’s crime scene photograph to the Melbourne pathologist and he said it was not a clear enough photo, too grainy to see anything. This was because the Melbourne pathologist was only ever given the “BLURRED” version of the photograph not the clear version which the AFP and DFAT had obtained in November 2016, 11 months earlier!!!! This meeting as I have said is “all recorded” with three AFP officers in attendance but not “ONE WORD” about a clear photo or South African autopsy photos at this meeting which the Melbourne pathologist did “NOT” have this vital evidence at this point in time nearly one year after our daughter’s suspicious death!!!!

Now this is the “GREY AREA” with the clear photograph as It is not DFAT’s responsibility to hand over or report on any serious crime scene evidence it is the AFP’s responsibility!!! However the AFP were trying all along to ghost further evidence in an attempt NOT to classify this as a “CRIME” therefore not being made “ACCOUNTABLE”!!! However this clear photograph shows highly suspicious circumstances with a deceased Australian citizen, with her half naked body and top ripped apart!!! The AFP are our governing police body for any suspicious crime “OVERSEAS” therefore they are “totally responsible” for any critical suspicious crime scene evidence in their POSSESSION!!! Hence the real reason the AFP/SLO had not disclosed the “CLEAR” photo in his official statement and therefore the coroner entering the “blurred version only” into his official statement and evidence brief as I have previously mentioned above!!! The AFP were supposed to be supporting the coroner with her investigation at the time therefore they are the only ones responsible to have “REPORTED” on this highly suspicious “clear” crime scene photograph evidence to the coroner in 2016 due to the fact the AFP are the only ones “OFFICIALLY” accountable for any suspicious crime scene evidence overseas!!! This is also why DFAT can’t give this critical crime scene evidence directly to the Mozambique police as this again is solely the responsibility of the AFP and is why DFAT had given it to the AFP/SLO who then passed on this vital evidence to the Mozambique inspector in 2016. Therefore the AFP/SLO had no choice to pass on the clear photograph to the Mozambique chief inspector because he had directly received the clear photo from DFAT which is also “indirectly” mentioned in his action sheet and directly mentioned in official Documents “proving” the sequences or steps with the chain of evidence of how the AFP/SLO stationed in South Africa received this vital “CLEAR” photograph from DFAT!!!!

Proving the chain of evidence steps with any Critical evidence is “VERY IMPORTANT” as I learnt and found out at the inquest and you will find out “later in this summary” as this “same Factor” of how the clear photo got into DFAT’S (“HANDS”) which also causes “major problems” at the Inquest for me and my legal team concerning the Australian Honorary Consul’s false testimony at the inquest!!! The actual clear crime scene photograph I have been told is on the “Dark Web” but I can’t do anything about this!! However below is a reenactment photo which I had setup with a model. It’s not going to be 100% accurate but it is a very close copy to the actual crime scene photo taken by the fisherman at 5am and will give you some idea of how important this photograph is in its clear form.

Make up your mind after looking at my reenactment photos below is this Clear Crime Scene photograph “SERIOUS” enough evidence to classify this clear photograph as suspicious “CRIME SCENE EVIDENCE” by the AFP for the AFP to be made “ACCOUNTABLE/ RESPONSIABLE “ for submitting and reporting on this critical evidence to the Victorian State Coroner in 2016 which the facts unequivocally prove that the AFP were given the clear photograph by DFAT on the 24th or 25th of November 2016!!! I reiterate this clear version of the photograph “clearly” shows the top is destroyed, ripped apart from a half naked body, laying face down left near a toilet block in dirty surroundings of a deceased Australian Female Citizen in a Foreign Country. The Australian Coroner was in charge of the Elly Warren matter with an ongoing investigation into Elly’s suspicious death at the time. In an official statement by the AFP they “clearly state” the AFP were “supporting” the Victorian coroner with the court’s investigation into Ms Warren death in 2016!!!! The AFP had traveled over to Tofo and attended the crime scene and had taken a SAND trace evidence sample from the crime scene which was NOT entered into evidence as it’s not in the AFP/SLO Statement submitting this vital evidence into the coronial brief. The critical aspect here with this sand trace evidence was to match it with the sand found in Elly’s body but unfortunately there was no sand sample taken from Elly’s body as the Melbourne pathologist said he found no sand whatsoever, which as you are aware their was plenty of sand for a sample at the time!!!! The AFP/SLO was actually told by the Mozambique inspector CUDZI at his meeting in November 2016 that they suspected Elly’s body was moved after her death to the toilet block location proven in evidence given by the AFP/SLO at the inquest!!! The AFP/SLO and DFAT had also taken crime scene photographs with detailed notes from several very important key meetings in November 2016 as it’s all documented in their AFP action sheet!!!

What was also disturbing for the family was the AFP only informed the court and family of their vital AFP ACTION SHEET in 2020/21 four years after Elly’s death!!!! This was only because Mr Bracken (coroner at the time) asked did they have any early documentation recorded on the matter at this hearing giving the AFP “NO CHOICE BUT TO EXPOSE THEIR ACTION SHEET “ at the hearings with Mr Bracken in December 2020 and February 2021!!! If Mr Bracken did not ask here, the AFP were “NEVER” going to show or give this very important action sheet to the family or Coroner, again “ghosting vital evidence” but the AFP won’t see it that way with their action sheet!!!

This above is a perfect example of the AFP “only” doing what they “need to do” when

asked by the court and they will state correctly in their statements only what is

necessary most of the time. BUT do they inform you of the “full” picture each time!!!!

they only will tell you what they feel is necessary keeping you in the “dark” with some

very important vital evidence and correspondence that they are aware of, unless they

are asked to by the court or coroner and especially in court as it’s all documented in

transcript as solid proof of evidence!!

My reenactment photos are below:- Note; The underwear in the actual crime scene photograph is around the KNEES exposing the buttocks. This is the only major difference between the Actual photo and the reenactment photo below. Also obviously the surroundings.

This reenactment photo of the clear crime scene photograph gives you a good indication of the position of Elly’s body. It clearly shows that the top is ripped from the right shoulder and down the right side of Elly’s body. The left side of her t-shirt is intact as it should be with the t-shirt covering the shoulder and down her left arm. Mr Charlie Bezzina a retired Melbourne Homicide Detective has stated that the reenactment photo showing the extent of damage to the t-shirt is a very good reenactment. However you are not going to have it exact. The body lay and position is also a very good match to the actual crime scene photo but again it will not be exact. However it gives you a very good understanding of the importance of this factual clear photograph taken by the fisherman.

Now just imagine that you are the Detective or Doctor who turned up at the crime scene that morning at 9am, standing over Elly’s body would you think this is suspicious with her underwear also at the knees. Would you record the ripped apart T-Shirt in your Report, doctor or police informing your superiors or coroner!!!! The “FACTS ARE” that the actual clear crime scene photo showing the top is clearly ripped apart and totally destroyed is not mentioned in “any police reports or doctors reports from either country ” to this very day not, even in the coroner’s, Mr Cain’s conclusion!!!!

WHY?!!! Because this clear photograph exposes the local Mozambique police cover-up

of the crime scene which is fully explained further on in this detailed summary!!!! This

is also why the AFP keeps everyone in the “dark” with some vital factual aspects and the

“facts WHY” is also explained further on in this summary!!!!

Small photo insert below showing standing position from the laying position in the

above reenactment crime scene photo. I asked the model to stand up and this view was

what the ripped apart t- shirt looked like.

Mr Charlie bezzina has told the family that this photograph in its “clear form” is

highly suspicious and is as “critical factual Homicide crime scene evidence” as you can

have, as it “tells the truth”. This crystal clear photograph of Elly’s half naked body

with her top ripped apart is not mentioned in “any” official statements or police

reports from “anyone,”“How is this even possible” This has to clearly be bordering on

“deception” from both countries involved here!!!!!

These solid facts above prove that It’s cover up after cover up,

sadly for elly and Elly’s family this is only the “tip” of the

iceberg!!!!!

Mutual Assistance Request

It must be firmly noted here:

the Classification from the Investigating authorities in a foreign country of any

harm to Australians resulting in any serious “CRIME or Homicide to an Australian

citizen is the AFP’s “requirement” to send the Official “Mutual Assistance Request”(MAR).

to “officially” offer our direct assistance/support which clearly “a crime of Homicide”

is stated in Elly’s case with these two “official”Mozambique (SERNIC) police reports in

2017 & 2020, Mozambique’s top criminal authority which is supported by their autopsy

report’s conclusion of violent death homicide in 2016!!!

However the AFP has not sent this Attorney General to Attorney General official MAR request to this day!!! In a letter to the coroner in June 2023 the Mozambique Deputy Attorney General has directly stated that the only “official process they will accept is the official MAR” confirming how much the Mozambican government “respect this official process between our two countries”!!!

It must also be “noted” in the AFP submissions submitted to the then coroner Mr Bracken at a hearing in February 2021 at No 40 that a Mozambique government official had stated to the AFP that;-

“it was always possible for a joint operation with the AFP”.

This then prompted the coroner at the time, Mr Bracken at the hearing in 2021 to order the AFP to send the official assistance request. However the family found out later the AFP had not sent the Official Mutual Assistance request, only a “PERSONNEL LETTER” holding no official weight whatsoever!!!

The Australian authorities had never bothered to send the “official” MAR to the Mozambique Attorney General after a “crime” was confirmed by their top criminal authority SERNIC, with their two official Mozambique police reports for the Mozambique Government and authorities to consider our official offer of assistance from our Australian Attorney General and authorities. With the above AFP submissions it could have been a possibility that they would have “agreed” if given the official MAR at this critical time with our offer to help with our daughter’s murder investigation in their country.

The coroner Mr Cain in speculating at the inquest on the 11th December 2023 at my oral submissions had ruled out the fact, that the MAR if sent in 2016/17 to offer our assistance, would have most likely been rejected and would not have made any difference as the AFP had informed Mr Cain on face value that they have sent numerous request for information and to offer our assistance with no response. Any letter or verbal request is completely unacceptable given the “serious nature” of the circumstances and the family has never seen any further unofficial request in writing to the Mozambique Government or their authorities from the AFP to offer their assistance with our daughter’s case!!! The AFP did not “officially” go over to Mozambique until May 2023 “SEVEN” years after our daughter’s murder and this was only because Mr Cain asked them at a hearing in February 2023 to get off their ass basically and move heaven and earth for the family!! I reiterate that the family found out later that only a personal letter had been sent, not the official MAR in 2021, to the Mozambique authorities because Mr Bracken “had instructed” the AFP to send an official request because of the AFP submissions above. Even then this letter was not the official way or process which the Mozambique government has “told our authorities and Mr Cain,” that they will only except, as they have informed Mr Cain in this letter dated the 19th June 2023 just before the inquest that the Mozambique government will only ever accept and respect the “official process of the MAR” between our two countries!!!! The AFP, Australian government and authorities have just never bothered to send the “Official MAR” to support an Australian family in these “diabolical circumstances of a loved one murdered overseas”!!!!!

What is even more “disturbing to the family” is the AFP’s attempts to “camouflage” these “official Mozambique police reports” clearly stating homicide in their Submissions, Commander Smith’s evidence given and my oral submissions to the coroner at the inquest in 2023. The AFP’s motive was to avoid the factual evidence proving this was a “crime” at the inquest and with critical evidence which was camouflaged from the coroners in 2016 and again in 2023 by the AFP at the inquest. Classification of a crime by the investigating authorities is the requirement for the AFP to send the MAR to offer our “Official” assistance with the crime of an Australian in a foreign country in 2016/17. These deceiving “facts” by the AFP are in the official court transcript, my oral submissions Blog and official documents which most of, are entered as evidence in blogs on this website. The AFP do not want to become involved with any overseas authorities concerning the suspicious death of an Australian especially with a third world country and will try every trick in the book not to become involved!!! The AFP is fully aware any request less than the official MAR will most certainly be rejected by that country’s authorities!! All the AFP’s excuses not to send the MAR to offer our assistance I have heard and none are credible!!! The AFP’s main excuse was that it was never classified as a “crime” by the Mozambique authorities until May 2023 in their submissions and evidence given at the inquest but the solid facts here prove this is false evidence and totally incorrect misleading the family, coroners and coroner’s court at the inquest!!!!!

What is further disturbing for Elly’s family is the fact that the Coroner Mr Cain was fully aware of the detailed SERNIC police reports given to the AFP, DFAT, Coroner and the family stating Homicide. Mr Cain had mentioned “some” of the details from these Mozambique police reports in his findings at No / 124-129. This factual evidence becomes critical at my oral submissions with Mr Cain on the 11th December 2023 regarding the AFP and MAR!!! Both Mozambique official police reports from SERNIC, from 2017 and 2020, clearly state Homicide are in the coronial brief!!! Therefore its clearly classification of a CRIME by the Mozambique authorities well before 2023!!!!

These are Mr Cain’s findings at No 183- 184 stating;- “NONE” of our request were accepted for information!!!! This is totally incorrect and the facts below prove this!!!!

183 From a review of the evidence, it is clear that the AFP made numerous requests to the Mozambique authorities for information regarding the status of the investigation into Elly’s death and offered on a number of occasions to assist the Mozambique authorities in their investigation. However, it is also clear that none of the requests for information or offers for assistance were accepted by the Mozambique authorities

Note; Mr Cain’s review of the evidence in the above statement No 183 from Mr Cain’s findings is totally “incorrect”. The facts to prove this are below. The important factor here that everyone needs to realize is any verbal unofficial requests are not good enough for such a serious crime. Only the official request of the MAR is acceptable under the circumstances and this official request has never been SENT to this day which the Mozambique government has informed our government/authorities they will only accept!!!! These facts are explained below.

184. Mr Warren submitted that had an MAR been submitted to the Mozambique authorities that it is more likely that offers of assistance and requests for information would have been accepted. However, in my opinion, there is no evidence to support this conclusion.

These solid facts below are a contradiction of Mr Cain’s findings at 183-184 above.

As the AFP’s Commander Smith’s evidence given and the AFP commissioner’s submissions at the inquest have clearly falsely stated below;-

“No Mozambique Authority has ever stated it was a “crime”

before May 2023”.

This is clearly “false evidence” given and without question misleading the court as I completely have the burden of proof facts that support the Mozambique authorities had clearly classified Ms Warren death a “HOMICIDE” well before May 2023!!!!

AFP Commander Smith also states there was “NO” cooperation from the Mozambique authorities whatsoever yet we find here for a fact on transcript page 101 not mentioned in the coroner’s Mr Cain’s findings, that Nicole and David Elly’s mother and step father have stated in evidence given at the inquest that the Mozambique authorities were asking the AFP for information and more evidence which the AFP has been involved in and has facilitated!! Autopsy report, prosecutors report and bank statements etc. This is a complete contradiction here as commander Smith then had no choice but to agree to this on face value at the inquest after clearly stating there was no cooperation from the Mozambique authorities whatsoever at the inquest!!! This proves the AFP again here were not stating the truth at the inquest and misleading the court as the Mozambique authorities were happy to and were receptive in asking for support and more evidence from the AFP at the early stages of our daughter’s suspicious death. This then becomes critical with why the AFP did not send the MAR as clearly the Mozambique authorities were being transparent with the AFP by asking for more evidence and the giving of evidence. These facts prove it is a complete contradiction of Mr Cain's findings. Why has Mr Cain not mentioned this false evidence given by Commander Smith when there was in fact clearly evidence of cooperation from the Mozambique authorities in his findings as it is so important under the circumstances and explained even further below with far more cooperation by the Mozambique government and authorities!!!! Therefore as stated above Mr Cain review of evidence is obviously not reliable as all this factual evidence is all in his evidence brief below!!!!

Below is the response by the Mozambique Authorities and their governments ministry

of foreign affairs to our authorities request for information this is further factual

proof of Cooperation and information received by our Authorities from our request

to the Mozambique Authorities or government!!!

‘The Mozambique authorities and Mozambique Ministry of Foreign Affairs below have sent a detailed SERNIC police report on the “20th August 2020” responding to our request and has forwarded this official SERNIC police report to the AFP and DFAT!!

‘The Mozambique authorities in “response” to our request for information on the death of the Australian citizen named Elly Rose Warren are “honoured” to request your Excellence leads, to the high commission of Australia in Pretoria from the National Criminal Investigation Service (SERNIC) responding to the request for information regarding the investigation about the death of the Australian citizen named Elly Rose Warren’.

This is classified above as cooperation with this official as you can get SERNIC police report from their top Mozambique criminal agency as this police report clearly states Elly Rose Warren was a victim of HOMICIDE AGAIN with a case file No 775/2016, dated the 20th August 2020 and “well before May 2023” as I reiterate it was stated by commander Smith, AFP lawyer and the Submissions of the AFP commissioner at the inquest that it had not been classified a crime or a homicide before May 2023 is totally misleading the coroner’s court without question!!!

“what is “extremely disturbing” for Elly’s family, adding further weight at the

highest level of command with the AFP’s deception from the “AFP commissioner who

states IN HIS “OFFICIAL submissions” TO THE CORONER mR CAIN below dated the 18th

december 2023, No, 18 (B) pg7 ;-

‘At N0 POINT before the meeting on 19th of May 2023 between

commander smith and the deputy attorney-general for

criminal matters in mozambique ( and others) ( may 2023

meeting) had the mozambique law enforcement authorities

stated that ms warren’s death was a “homicide”. no police

officer, investigator or prosecutor  ever said that.’!!!

THE “FACTS PROVE, “ WITHOUT QUESTION THAT THIS WORD FOR WORD ABOVE STATEMENT IN THE AFP COMMISSIONERS SUBMISSIONS TO THE CORONER MR CAIN DATED THE 18TH DECEMBER 2023 IS “MISSLEADING”!!!

The Second Mozambique police report in August 2020 states

Ms Warren death as a crime/Homicide and this is from the

mozambique SERNIC DIRECTOR GENERAL!!! you can’t have any

higher Mozambique police authority than that, well before

may 2023 classifying ms warren death a crime/homicide!!!!

In Mr Cain’s findings below No 129 he clearly states that the SERNIC police report mentions “HOMICIDE” from the Mozambique Director General. However it is conveniently not “DATED” by Mr Cain as the dates of these SERNIC police reports 2017 & 2020 “EXPOSES” the AFP misleading behaviour at the inquest “especially” with the AFP commissioners submissions submitted to Mr Cain!!!! As everyone is fully aware of here the AFP & Coroners Court are both “governed” by the Australian government at some point!!! It's all centered around the fact it’s not classified a “CRIME” by the AFP to send the mutual assistance request to fully offer our help until the other countries authorities state that it’s a crime of Homicide/Murder. However the top Mozambique Criminal Division SERNIC Director General had sent this report to the AFP and DFAT stating it was officially a “CRIME” from the Mozambique Director General they were investigating with the death of Ms Warren .  This is very “IMPORTANT” to have this official classification of a CRIME which exposes the AFP without question, misleading the coroner’s court also in their official submissions sent to the coroner by the AFP commissioner in 2023 which I have fully explained above with solid facts!!!!

This is why the date, left out here below in Mr Cains findings was so “ IMPORTANT “ as these Official SERNIC police reports classified Elly’s death as a homicide “WELL” before May 2023 exposing the AFP at the inquest not to send the Mutual assistance request to carrying out their “Sworn Duty” to support an Australian family with a suspicious death of a loved one from overseas!!! The relevant findings from Mr Cain below without dates with the detailed Mozambique police reports stating HOMICIDE well before May 2023;-

125. The evidence suggests that the CIP observed Elly to be lying down on her stomach with her upper limbs folded in a “V” shape below her face. Her lower limbs were said to be stretched out and half open, with her underwear down to her knees, she was wearing a black blouse and her nostrils and mouth on the ground facing the southeast.89

129. The SERNIC report provides a short summary of the information obtained through the investigation of Elly’s known movements prior to her death as well as a summary of the autopsy report from the Forensic Medicine in Maputo. The SERNIC report concludes that ‘the case is a homicide and is currently in the judicial inquiry stage’.

The  relevant findings from mr Cain surrounding the official SERNIC police reports are

found at No 124-129. “Without Dates” but all other “official documents” in his findings

have dates!!!! however it must be noted that all official Mozambique police reports

“clearly state” in the very “first paragraph” that Elly Rose Warren is a victim of

homicide case file N0 775/2016!!! These police reports are all entered as evidence in the

Coronial Brief.

Also when the AFP/SLO and DFAT’s SLO went over to Tofo Mozambique with boots on the ground, on the 17th and 18th November 2016 the Mozambique authorities were very “HELPFUL”. The AFP/SLO and DFAT’s SLO had a meeting with the chief inspector at his office in Inhambane asking the chief Inspector for permission to attend the crime scene taking detailed NOTES from three organised meetings and from the crime scene Doctor, health minister, Mozambique prosecutor and Chief inspector in charge of the case with the approval of taking trace evidence, (SAND SAMPLE) and (PHOTOGRAPHS) of the “CRIME SCENE”. The chief inspector (CUDZI) had granted the AFP permission with no objection at all! The AFP asked for Elly’s clothes and belongings and the chief Inspector said on your way back from Tofo you can call in and pick up her clothes and belongings. These clothes did not include the vital trace evidence clothes that Elly was wearing at the time of her death for DNA sampling as these were still at Maputo central hospital waiting for either family or our authorities to retrieve only “EIGHT” days after Elly’s highly suspicious death and “THREE” days only after her Mozambique autopsy on the 14th where the clothes Elly’s was wearing at the time of her death were waiting to be picked up by the Australian authorities as they were not incinerated at this time. The director at the Maputo central hospital had told the family they keep the clothes for some time for the family or in Elly’s case the “Authorities” to retrieve them!!! However the AFP have told the family and reporters in a statement as their “excuse” for not retrieving these Vital clothes, that they were incinerated!!! “Yes’, the AFP are correct here again the clothes were eventually incinerated but, and it is a very big “BUT HERE” as the AFP is only informing the family and reporters of the “HALF TRUTHS” here again which the AFP are “so so bloody good at”. The AFP and DFAT had “every opportunity” to retrieve these vital clothes as they were “IN” Maputo where the Central Maputo Hospital is based only three days after Elly’s autopsy. Therefore the AFP and DFAT were in a “very good position” to have picked up these clothes on their way through Maputo which were at the hospital for them to retrieve at this time. I “reiterate” the Director of the hospital has told the family they keep the clothes for some time for the Family or Authorities to retrieve before they are then “eventually incinerated”, creating the window of time for Elly’s Clothes as they were still at the Hospital waiting to be picked up at this very early stage only three days after her autopsy at the Mozambique hospital in Maputo!!!!

The reason why the AFP and DFAT had every opportunity to obtain these clothes Elly was wearing at the time of her death is because they needed to change flights in Maputo for Inhambane/TOFO and also on their return leg to Jo-Burg on the 17th and 18th November 2016. However they did not bother to go to the Central Hospital in Maputo each time where Elly had her autopsy three days earlier to retrieve this VITAL TRACE EVIDENCE OF HER CLOTHES FOR DNA SAMPLING!!!!! These facts prove the AFP and DFAT had a very good chance of attending the hospital as the facts also prove the Mozambique authorities and chief inspector were so obliging at this early stage which is clearly documented in the AFP “Action Sheet” at this time. This window of opportunity was available when they changed flights in Maputo on their return home where Elly’s autopsy was conducted to retrieve these clothes if only they had “bothered” to take the time on their stopovers each time in Maputo to attend the Hospital where Elly had her autopsy three days earlier and retain her clothes which were there at the Hospital waiting for pick up at this early stage!!!!

I informed Mr Charlie Bezzina of these above facts and he was in “disbelief” that the

AFP did not attend the Hospital where Elly had her autopsy after having the

opportunity to do so only three days after her Autopsy in maputo!!!

These above facts are all mentioned in the AFP “Action Sheet” which also proves without question there was good, reasonable transparency and cooperation in the early stages of Elly’s murder in 2016 by the Mozambique SERNIC police and chief inspector. However in “evidence given” at the inquest the Australian AFP/SLO Superintendent stationed at the South African embassy directly involved with the case clearly states the Chief inspector was “UNHELPFUL”!!! The chief Inspector may have become unhelpful only after the AFP/SLO at the South African Australian Embassy had “PASSED” on the clear photo to the chief Inspector on the 8th December 2016 “exposing” his local police with the ripped apart top, but he was very helpful beforehand when the AFP/SLO and DFAT’s SLO attended the chief inspectors office in Inhambane on the 17th and 18th November 2016 before he had received the clear photo from the AFP/SLO on the 8th December 2016. I reiterate that the AFP/SLO and DFAT’s SLO were given permission by the Mozambique chief inspector to attend the crime scene and to take evidence samples and photos followed by official meetings with the crime scene doctor and Mozambique officials at this early stage only days after Elly’s death!!! This is where you need to be very careful with the AFP as they don’t paint the full picture here again only informing you of “half truths” and I have found out over the years the AFP are “EXPERTS” at telling you the “half truths only!!!”

However if you do happen to deal with the AFP I would confirm everything they do and say in writing It’s very important you “always ask for everything in writing” don’t except “NO” and “understand” that what they do tell you about to be very careful of as you will be given the “half truths” only not all the facts so “Look” between the lines and deeper into any correspondence that the AFP gives you, don’t just fall for the “TRAP” that what they have said is all the facts look deeper!!! For me personally looking between the lines with the AFP action sheet, letters, statements and emails was very “beneficial” for my in-depth investigation with all aspects of my daughter’s murder!!

The Mozambique authorities were very obliging with these meetings with help by DFAT in Tofo/Inhambane with the health minister and the crime scene doctor and Prosecutor with the AFP/SLO taking detailed notes. If this is not cooperation and they are willing to give vital information to our authorities above I don’t know what is regarding Mr Cain's findings!!!!!  Imagine if the AFP had sent the Mutual Assistance Request (MAR) in 2016/17 what difference and opportunities this could have made early on with the murder of our daughter’s investigation!!!! You can now understand just how way off the mark Mr Cain’s findings are here. The big advantage here is our expert advancements in forensic technology to analyse trace evidence such as clothing for extracting DNA in supporting a third world country without these resources to fully investigate a homicide!! However for the transfer of evidence officially for the courts requirements this requires the official mutual assistance request for a joint operation to be in place for transfer of any trace evidence to be analysed between our two countries as the Mozambique Government has officially stated they will only accept. I did try very hard to explain this to the Coroner Mr Cain at my oral submissions on the 11th December 2023!!! There were security provisions in place until their instruction phase was completed but this was “ONLY referring” to the transfer or release of their “CASEFILE” for the Coronial proceedings as stated in an official letter to Mr Cain. I did try to explain these facts as well to Mr Cain as it was always possible to have transparency and direct cooperation with the implementation of the Mutual assistance request in the EARLY stages in 2016/17. However Mr Cain made it clear at the start of my oral submissions that he had already written his findings and basically made up his mind beforehand!! However he did say before he officially finalized his findings he was waiting to hear what I had to say in my oral submissions. I asked officially for the video of my Oral submission by letter with Mr Cain but he refused to release the court's “VIDEO”!!!! Therefore we only have the court’s transcript which is on this website as a blog of my oral submissions on the 11th December 2023 directly communicating with the coroner Mr Cain. 

The Australian Authorities have just never bothered to send the official Mutual assistance request in 2016/17 to directly offer our help and resources to a third world country!!!! That country then has to agree but there were good signs of factual cooperation in the early stages of the Investigation by the Mozambique authorities in 2016/17 therefore it may have been possible if the MAR was sent!!

Unfortunately the Australian Attorney General (AAG) and AFP are incorrect and have both “MISINFORMED” the coroners court that the Manual assistance request (MAR) is not a process which was known or possible between the Mozambique Authorities and Australian Authorities with evidence exchange even through the the MAR ACT 1987 states evidence exchange using the MAR process is at the convenience for all countries around the world!!! (The link for the MAR ACT 1987 is at the bottom of my summary of circumstances).

The Mozambique Deputy Attorney General (MDAG) has informed the AFP & coroner’s court by an official letter in June 2023 that the only official process they will “respect and approve” of is the official MAR between our two countries for their casefile once their securities and investigation phase is complete. Therefore the Australia Attorney General is not aware of the full MAR process or requirements and that the Mozambique SERNIC police reports had clearly stated it was a crime of homicide in 2017 & 2020 in the initial stages of the Murder investigation into Ms Warren’s death when he had informed the court and AFP. The MAR was implemented for the convenience of all countries around the world to improve the efficiency of transparency and collaboration with information of serious issues of concern between them. In this case the initial proven Homicide of an Australian citizen in a foreign country!!!!  

Below is from the coroner’s findings Mr Cain No 153 confirmation form Mozambique MDAG. Also very importantly, 174-175 from the Australian Attorney general!!

No 153 • The Mozambique Deputy Attorney-General advised that the only way that the Coronial Inquiry in Australia could officially acquire the file would be through a Mutual Assistance Request once the instruction phase is completed and the secrecy provisions are relaxed;

174. In this regard, the advice from the AGD to the AFP was that the MAR process was not available to the AFP with respect to obtaining material from the Mozambique authorities in support of Elly’s investigation.

175. In addition, Part 5.4 of Division 115 of the Schedule to the Criminal Code provides for offences relating to harming Australian residents or citizens outside of Australia. In a letter to the Court from Assistant Commissioner Giles, he confirmed that the AGD advised the AFP that these provisions are unlikely to be relevant in Elly’s matter123 as the AFP are not in possession of the Mozambique investigation file and as such, do not have sufficient material which discloses an offence under Division 115.124

However it was clearly classified as an Offence/Crime by the two Official SERNIC police reports in 2017 & 2020 this has to be sufficient factual material with these two official police reports supporting each other from their TOP Criminal agency SERNIC that an OFFENCE/CRIME of an Australian citizen has clearly accrued!!! Both these Mozambique official SERNIC police reports are also supported by their autopsy report which also supports the police reports and concludes Ms Warren death as a Violet death/Homicide!!!

in the Australian attorney general’s defence here due to the proven factual evidence

proving the AFP had mislead the coroner’s court, I “strongly suspect” here that

the AFP has also not informed the Australian Attorney General about all the facts

with the case!!! proving that the Mozambique authorities had classified Elly’s death as

a homicide well before may 2023 with the two official Mozambique SERNIC police

reports and an Autopsy report which all clearly states Ms Warren is a victim of

Homicide!!!

You also need to send the MAR First to retrieve the casefile as the MDAG states above in No 153. The MDAG is actually informing our Australian authorities and Coroner’s court of the process they will only “RESPECT” and it’s from a third world country this is Just unbelievable confirmation here from Mr Cains findings above!!!!!!

The Mozambique investigation was closed on the 19th June 2024 by the Mozambique judge in charge of the Judicial process closing off the Instruction phase due to insufficient evidence with the perpetrators. I am factually aware that the top Mozambique criminal Police SERNIC, strongly suspect certain individuals in Tofo with their recent investigations 2024/25.

To this very day we have still not sent the MAR for their Casefile!!!! However we don’t need their casefile to prove Elly’s death was a CRIME as we have always had the two official Mozambique police reports 2017 & 2020 clearly stating Ms Warren is a victim of HOMICIDE and then again in May 2023 with the MDAG and Mozambique police as they both state and confirmed again what their police reports and autopsy report had said all along in person at a meeting in Maputo with an AFP commander that Ms Warren Death is a “Homicide”. You can’t get it any clearer than that to the Australian coroner’s court, Australian authorities and Australian Attorney General!!!!!

Also with the evidence given my Commander Smith at the inquest, proves just how

Defiant and misleading the AFP were about not Classifying Elly’s death a CRIME.

Clarifying Their Motive “not” to have Elly’s death Classified a crime going to lengths

to mislead the court with their evidence given and submissions.

Inquest Date 22/09/2023 Transcript pages 71-106 AFP Commander’s Smith evidence given.

I am sure for those willing to “DIG” you will find these transcript pages very interesting indeed which proves without question just how far the AFP and AFP lawyer have gone here in misleading the court!!! This is what I was talking about with the “LEVEL” of misleading the court boarding on deception. The AFP Lawyer had objected during commander’s Smith cross examination with a question to him from my barrister, indicating to the coroner Mr Cain Elly’s death was never classified as a crime by the investigating authorities saying it was “NOT” from a police authority or any police channels only from a doctor this is clearly an attempt to “MISLEAD“ the court at the “HIGHEST LEVEL” here without doubt as the facts clearly prove!!!!

What adds more weight is my oral submissions as the AFP Lawyer directly misleads the coroner Mr Cain here again mentioned above with the Mozambique police report which is documented in the oral submissions transcript 11th December 2023!!! What’s “very important here and must be strongly noted,” is the AFP had all the vital evidence in 2016. The “CLEAR” crime scene photograph clearly showing the ripped apart top with other vital evidence in this photo all exposing that a struggle had taken place adding to the fact this was a homicide, Blurred photo, the AFP/SLO was also Informed that Elly’s body was strongly suspected to have been moved Post-Mortem by the chief inspector in the AFP action sheet, Mozambique autopsy report stating its conclusion of violent death homicide, prosecutors report which has never been seen by the family or court, South African autopsy photos showing all the marks a bruising on Elly’s face, lips and correspondence from Dr Klepp to DFAT suspecting Foul Play!!!. Later on two official SERNIC police reports in 2017 & 2020 both clearly stating “HOMICIDE”. The AFP “can’t say” they did not have all the highly suspicious evidence or circumstances surrounding Elly’s death in 2016/20 which supports a crime of Homicide!!! The evidence given here By Commander Smith also stresses the importance of the Official Mozambique police reports having “DATES” in the coroner’s Mr Cain’s findings as they are very important “Official Documents” under the circumstances clearly stating “Homicide”!!!

This is nowhere near good enough by the AFP, Mr CAIN, DFAT and the Australian Attorney

general. These solid burden of proof facts prove the coroner Mr Cain clearly

had the wool pulled over his eyes at the inquest in 2023 by the AFP!!! However the

coroner would have become” aware” of the this when writing his findings as he

has left the important dates out for all the official Mozambique SERNIC police reports

which exposes the AFP’s misleading behaviour with documents and evidence given at the

inquest!!!

Elly’s family as you are now aware by reading this summary to this point has solid

factual evidence here proving untrustworthy behaviour by all concerned with the

case at some level or point in time for different reasions or Motives!!! It does not stop

here either as futrher facts below in my summary unequivocally prove!!!

Mutual Assistance Request ACT 1987, (MAR) officially implemented for all countries around the world to open up communication channels to offer assistance in any way possible with serious issues involving the countries concerned!

After reading the rest of this summary click on the MAR Link at the bottom and you will see just how much of a “POWERFUL TOOL” the Mutual assistance request is for all countries to use around the world and it covers all aspects of transparency, cooperation and evidence exchange for countries lacking in resources for DNA testing of evidence!!! I did try very hard to explain this to Mr Cain at my oral submissions but he was not interested just informing me they have to AGREE!!! This is explained further below in this summary!! However how can they AGREE if “WE” don’t send the MAR in the first place!!!!

Private investigation in 2018

In October 2018, I traveled to Mozambique with a team from 60 Minutes Australia. Upon arriving in Tofo I was able to trace my daughter’s last foot steps leaving notice with several locals requesting information about my daughter's death. This resulted in a quick response and within 24 hours I was shown a crystal clear photo taken by a local fisherman who found Elly’s body at 5am. This was the first time the family or coroner Mr Bracken at this time had seen this clear version of the crime scene photo or that it ever existed!!! This crystal clear photograph exposed clearly all the vital circumstances and evidence including the ripped apart top which was only given Directly to the coroner for his “viewing” two years after Elly’s murder!!! This was only made possible because I obtained the Clear photo and sent it to the coroner’s court by email from my trip to Tofo in October 2018. The coroner at the time Mr Bracken was then only made aware of the “clear photo'“ years after Elly’s death!!!

In this clear photo it is crystal clear evidence of an assault as Elly is laying flat on a firm sandy pathway next to a toilet block with her “top completely ripped apart and underwear around her knees”. Two witnesses at 6.30am said they saw her body later at the crime scene as they said they may be able to identify who it was. They said her body was in a “Muslim prayer position” at this time!! Because of this solid information I was confident that Elly’s body position was changed by the two local Mozambique police officers who were first at the crime scene early that morning in an attempt to cover up the fact Elly had been murdered to make it look more like an accident had occurred, as the clear photo I was given by the local fisherman showed Elly’s body laying flat on the ground at 5am that same morning!! However there is more vital “COVER-UPS” which I did not “DISCOVER” until later on after my first trip which is explained further below. The family has solid factual evidence which proves these facts without question!!

Nicole, Elly’s mother and step father David acquired the services of a private investigator who was on the ground in Tofo early 2019 just after my first visit to Tofo. Their investigator did not really unearth any more information from what I did in October 2018, except for one very important witness who was one of the “first to attend the crime scene very early that morning at around 5.15am”. He was a prodigious business owner in Tofo well respected for holding some weight in the community and even with the police. I had tracked down this business owner in Tofo when I was there asking to speak with him, which he agreed to and one of the very important comments he made (all video recorded) was, “ He took control at the time and told the police to rope off the area and let no one in”. However when Nicole and David’s investigator had spoken to this same Business Owner three months later in January 2019 he had “Completely,” “changed his story”!!! The family has “solid recorded facts” proving this to be the factual circumstances without question!!!

This becomes “critical” when looking at all the circumstantial evidence involving the cover-up early that morning at the crime scene by the “LOCAL” Tofo police at 5.30-6.30am. This is due to the SOLID circumstantial evidence which indicates it was “highly probable” the ripped apart T-Shirt had been “SWITCHED OVER” early that morning at the crime scene adding to the factual reason why it has not been reported as ripped apart by anyone, doctor or police at the crime scene or even submitted as “critical trace evidence placed into evidence to be forensically analysed for DNA.!!!! The suspected SWITCHING of Elly’s top at the crime scene is fully explained in this summary further on “as either way you look at these circumstances it is a “COVER-UP” by the Mozambique  Local Tofo authorities”!!!

However the “MAIN” Mozambique criminal police SERNIC do not have the technology for extracting DNA from clothing, this is one area the Mutual Assistance Request would have “Played a Critical Key Role in” as the AFP has one of the “state of the art Forensic Laboratories in the World”!!! If not to test the ripped top, especially with Elly’s underwear and other clothes she was wearing at the time of her death!! Elly’s clothes were eventually incinerated at the Maputo Central Hospital some time after as no one came to retrieve these clothes!!! The Mozambique police did not place her clothes into evidence because they can’t do anything with this critical evidence!!! The director of the hospital told the family they hang on to the clothes for some time for the family to pick up, but if no one comes after time they are then destroyed!!!! This then, later on became “Critical” as the Mozambique police had "SUSPECTS” but not enough evidence to charge anyone!!!!

I returned to Tofo for a second time to post a reward in October 2019. However the locals are very much intimidated by the local police and were “especially afraid to talk about Elly’s murder”!! I was already aware of this before I went to Tofo for the second time but as there had been no solid leads on the case this left me no choice but to return and post a reward in the hope it may generate some new information and leads after three years.

Elly’s mother launched a petition on Change.org asking Australian Prime Minister Scott Morrison at the time for help in the investigation into the circumstances surrounding her death. The petition read in part: “We ask Scott Morrison as Prime Minister of Australia to intervene in this case to put pressure on the Mozambique government to allow Australia to provide an investigation team to work with the Mozambique police to solve Elly’s murder and give her some justice.” After two weeks, the petition grew to more than thirty-six thousand signatures. However this turned out to be a complete waste of time and effort!!

Mr Bill Shorten, the then Federal Leader of the Opposition, called for diplomatic action in support of the family from the Australian government related to Ms Warren's death which fell on deaf ears as a protest followed by the family below!!!!

Further Cover-ups

My investigations over the years that followed revealed far more “reaching cover-ups

by all authorities concerned”!!!

First of all I need to reiterate that the main official Mozambique SERNIC police report in 2020 “supports” the first Mozambique police report in 2017 that our daughter’s death is a “HOMICIDE”. This second main official Mozambique SERNIC police report was given to the AFP, DFAT, Coroner and family on the 20th August 2020 and this “Comprehensive Report” has “still” not mentioned the “critical fact” that the T-shirt Elly was wearing at the time of her death was” ripped apart totally destroyed” in this updated official Mozambique police report FOUR years after out daughter’s murder from “SERNIC” Mozambique’s top criminal authority”!!! This report was “comprehensive” and detailed with a large amount of the circumstances of evidence concerning the case, but still no mention of a “ripped apart top or clear crime scene photograph” taken by a fisherman at 5am on the morning of the 9th November 2016!!!!

I am sure everyone reading this summary at this stage would have to agree that this

Critical evidence of the “clear photograph” is the main catalysis of Elly’s murder

Investigation apart from the proven compelling evidence of “ chockablock packed

sand found obstructing Elly’s airways by Dr Klepp”!!! Without this critical evidence of

the “clear” photograph which is in “no” police reports, Statements or Action sheets

whatsoever from both countries, Elly’s family would not be aware of half, of the true

facts here!!!

below; this clear photograph is so “powerful” it “exposes” all

authorities!!!

I first need to here reiterate that the clear version of the photograph taken by the local Fisherman is as crystal clear as you can have exposing all the evidence at the crime scene. The fisherman was the first person to find Elly’s body at 5am taking a photo with his phone. This crystal clear photograph “ TELLS THE TRUTH” and clearly shows the top is “completely destroyed and ripped apart” from Elly’s right shoulder and all the way down her right side at 5am when the photograph was taken!! This ripped apart top “exposes the Mozambique police cover-up” at the crime scene early that morning before the doctor and Investigating team turned up at the crime scene the same morning at around 9am from their headquarters in nearby Inhambane!! We were “VERY LUCKY” that the fisherman had taken this photograph as without this factual evidence we would not be in a position to prove the Mozambique cover up either way you look at it!!! Therefore this vital evidence has not just exposed the local Mozambique police but it has also exposed our own Australian authorities the AFP and DFAT. The solid facts and supporting evidence are mentioned in this summary supported with my blogs!!!!

This is where it gets very interesting indeed as the “FACTS CLEARLY PROVE” There has been “no ripped apart top mentioned” from either the crime scene doctor, chief inspector, Mozambique investigating team or “reports from meetings” with the AFP who were on the ground in Tofo on the 18th November 2016, taking detailed notes from the doctor who attended the crime scene at 9am. ( We are fully aware of these facts as it is not reported with “DETAILED NOTES” taken from the meetings with the crime scene doctor and Chief inspector by the South African embassy AFP/SLO in his “official “Action Sheet” entered in the evidence brief”) The same doctor then examined Elly’s body later that afternoon at the Inhambane hospital removing all of Elly’s clothes and “money from her bra” as reported to the AFP by an Email from DFAT which was then sent to the family and also this is all documented in their official AFP Action Sheet!!!!! “ There is “NO MENTION” here whatsoever from this examining doctor at the crime scene about a “ripped apart top” not even as I have said in the AFP Action Sheet with the detailed notes taken from the crime scene doctor by the AFP Superintendent /Senior Liaison Officer (SLO) at this meeting on the 18th November 2016!!! In Fact “NO AFP, DFAT, Mozambique police or doctor in “ANY OF” their reports have ever mentioned the clear photograph clearly showing the top as totally destroyed and ripped apart from Elly’s body to this day”!!!! This is clearly “deception from all authorities concerned” and is very disappointing especially for Elly’s family to be aware of these facts that even our own country and authorities were also not trustworthy!!!!

This is “solid” circumstantial evidence, as the facts prove

without question either way, as you only have “two” possible

possibilities here and both prove it’s a cover- up,!!!!

The ripped apart top was never reported at the crime scene by

anyone “or” the ripped apart top was not on Elly’s body at 9am

when the main Mozambique crime unit attended the crime

scene that morning with the doctor!!!

The doctor also examined elly’s body thoroughly again later that afternoon at the

Inhambane hospital removing all of Elly’s clothes and “not” reporting that the top was

ripped apart to the AFP/SLO in his AFP action sheet, which has documented “detailed

notes” from the doctor and chief mozambique inspector from official meetings with

“no mention” from either about a ripped apart top!!!! In solid support of these above

facts we also have the two “Official” MOZAMBIQUE police reports from 2017 & 2020 as

they also do not mention the clear photo or ripped apart top, but the clear photo,

“expose the truth”!!!!

However the AFP were clearly “fully aware” that the ripped apart top had then “exposed the Mozambique police cover up” at the crime scene in 2016. This “ crystal clear version” of the crime scene photograph was given to AFP on November 24/25, 2016 by the Australian Department of Foreign Affairs and Trade (DFAT) only “two” weeks after Elly’s murder confirmed in critical evidence by Mr Cain in his findings below at “No 145” and it is also documented on page 21 of the AFP action sheet:-

The reality is the AFP will “never” expose another countries authorities of any wrong

doing!!! everyone needs to “realise” there is a “code of conduct” here when other

countries are involved!!!

Mr Cain’s findings 145 below;-

The Honorary Consul living in Mozambique had attended the crime scene first on the 12th and 13th of November 2016. DFAT advised the AFP in “official correspondence” that the fisherman had sent a clear version to Honorary consul who then subsequently forwarded it to the High Commission in Pretoria they then forwarded it onto the AFP/SLO at the South Africa embassy who then passed the clear version of the crime scene photo on the the Mozambique police on the 8th December 2016.

Mr cain’s findings above not only further proves and supports the fact that the AFP/SLO

superintendent in south africa had “received” the clear version of the photograph in

2016, it indirectly supports the deception by the AFP/SLO pertaining to the two versions

of the photograph, it also proves and exposes without question DFAT’s Honorary

consul giving “false testimony” at the inquest which is explained below!!!

I have “solid facts” proving this without question on Transcript pages 117, 125 & 128. I do have a report (Blog) on this factual evidence with official documents in support. These latest facts and supporting evidence of the deception of the Honorary Consul and the AFP are below in a blog dated the 17th September 2025 . (Click on date to open Blog at bottom of summary)

This then became a crucial time at the inquest which turned the inquest for Elly’s

family on its head. I explain why below!!!  the key factor here proving this was a

planned act of deception is Proven with the Honorary Consul’s  official statement to

the coroner's court on the 19 July 2023. The Honorary Consul Clearly states in his

official statement to the coroner that after leaving Tofo he had no further

Involvement with the matter except for two years later. He has also clearly stated

this in his evidence given at the inquest deceiving the court with his evidence given.

However he did have further Vital “absolute critical involvement” after he left Tofo

as the fisherman sent him the crystal Clear version of the crime scene photograph by

email after he had left Tofo. he then sent this “clear version” to the Australian

embassy in Pretoria South Africa after already sending the “blurred version” he had

taken from the fisherman’s phone in Tofo. he further states in evidence given, that he

had No follow up  with the fisherman with a clearer version of the crime scene

photograph after leaving Tofo which the fisherman had in fact emailed to the

Honorary Consul after he got home from Tofo.  Elly’s family has solid burden of proof

evidence to support these facts above and below with the court transcripts and

official Documents entered into evidence by the coroner.

The Honorary Consul motive for giving false testimony at the inquest was due to the fact he lives in Mozambique. He did not want to be in a position to have been asked any questions about a clear photo as this may have led to “Officially” exposing the Mozambique cover up at the inquest with the ripped apart top. Therefore he was very worried about having to give evidence as he needed to protect himself and his family by stating he knew nothing about a clear photo!!! I have the official documents and with his evidence given as solid facts proving without question the Honorary Consul had given False evidence under oath at the Inquest!!! Everyone must understand this is a third world country with a totally different set of rules, regulations and standards as the value of life is poor which is a totally different way of thinking with our high values of life for us here in Australia. Therefore if you expose the Mozambique police in any way you will face the consequences and you will be prosecuted for speaking out especially when it is in a foreign court of law in this case an Australian court for the world to know about.

Transcript page 125;- Honorary consul and my barrister Mr McGlone.

20. Mr McGlone; was there arrangements later with the fisherman to

21. provide the photo by some other means

22. Honorary Consul; “I put this in my statement” but i didn’t have

23. any follow-up. I don’t know.

Mr McGlone realised that this breaks the chain of evidence of how the clear photo got into the hands of DFAT so he needed to ask the question a different way to the Honorary consul later below on transcript page 128, This was a very big issue for us as it meant the clear photo could had been taken from evidence by the coroner breaking the chain of evidence turning the inquest on its head for my legal team and Elly’s family. It also meant we could not mention the clear photo, ripped apart top when we cross examined the AFP/SLO or doctors next!!!!

Transcript page 128;-

6. Mr McGlone; there appears to be a “clearer version” of the photo

7. that you took that came into the possession of DFAT and

8. AFP. Do you have any insights about that photo?

9. Honorary consul; “NO, to be honest”, i only “saw” the photo that i took and sent it

10. back in - back seven years ago. I’ve never received

11. anything or seen anything regarding the case since

Mr McGlone was very smart here stating that the clearer version was the photo that the honorary consul took as the Honorary states;-

(NO TO BE HONEST, I ONLY “SAW” THE PHOTO “I TOOK” AND SENT IT BACK. however THE facts

prove without question the HONORARY CONSUL, “TOOK” THE BLURRED PHOTO NOT THE CLEAR

PHOTO as he also sent the embassy this clear photograph later on having more “vital”

involvement!!!)

Transcript page 117;-

2 Honorary consul;  I stayed there overnight and returned to

3 Vilankulos the following day. This was the only

4 “involvement” with the matter, other than meeting a couple

5.years later with the Mozambique police in Maputo.

We have since spoken to the Honorary consul in October 2025 and he has“now admitted”

that he did have “follow up” with the fisherman after leaving tofo as he had received

the “clear photo” by email after he had left Tofo from the fisherman. he had also

passed this clear photo on to embassy staff in Pretoria!!! HE really HAD NO CHOICE AS

THERE IS TOO MUCH OFFICIAL correspondence EVIDENCE WHICH PROVES HE HAD ALSO obtained

THE CLEAR PHOTO AND SENT IT TO THE STAFF AT THE aUSTRALIAN EMBaSSY.

however this is not “mentioned” in the Honorary consul official statement to the

coroner that the fisherman sent him the “clear photo” by email and he then passed the

“clear photograph” onto the Australian embassy in South Africa Pretoria after leaving

Tofo or in his evidence given at the inquest!!!!

It’s the same misleading behaviour here as the AFP taking full advantage of the

confusing situation with “both versions” of the Same photograph entering “a photo” in

their statements without establishing if it was the blurred photo or the clear photo.

However the facts prove it was only the“Blurried photo” which was entered in their

statements not the clear version. the Honorary Consul also had taken advantage of

this situation like the AFP. Therefore both the AFP and Honorary consul have not

disclosed this “clear version” of the crime scene photograph to the coroner in 2016/18

having had different motives!!!!

There was an “official letter” sent to the coroner Mr Cain just before the inquest on the 19th June 2023, where for the very “first time” the AFP had “officially acknowledged” receiving the “ crystal clear version” of the crime scene photograph in November 2016 after “SEVEN YEARS” clearly showing the ripped apart top and all the critical evidence at the crime scene at 5am taken by the local fisherman at Tofo beach toilet block on the 9th November 2016!!!

Therefore why no action taken by the Australian authorities and Government, is it then possible this was “elevated” to a “diplomatic issue” which required some “sweeping under the carpet”!!!!! The family also has the “solid facts here” and some of these facts are in the blogs below in this summary with supporting evidence. ( My report on the deception of the Honorary consul & AFP). (My report on the coroner’s findings).

This crystal clear version of the crime scene photograph taken by the fisherman is not

mentioned in any official statements from the South African AFP/SLO or the Australian

Honorary Consul or for that matter in any police reports from Australia and

Mozambique!!! I have asked the question here; “why is it not mentioned in any official

statements or reports but no one can answer my question”?!!! However it exposes the

cover-ups as it exposes the Ripped top!!!!

Mr Cain at the inquest has clearly stated at my oral submissions on the 11th December 2023 below Transcript Pg. 274;-

22, HIS HONOUR; “THAT’S NOT IN DISPUTE THAT THE TOP WAS RIPPED”.

Also Transcript page 281;-

11, HIS HONOUR; AND THAT OTHER EVIDENCE OF SOME VIOLENCE OR

12, POOR TREATMENT IS THE T- SHIRT THAT IS RIPPED.

13, MR WARREN; YES YOUR HONOUR

It must be strongly noted here;

That Mr Cain “also” has “NOT” even mentioned the “ripped apart top” in his “final conclusion” with his findings!!!

The “Big issue” that Mr Cain had here was with his VIFM Melbourne pathologist based in

the same building at the coroners court as it doesn’t look good at all for the court,

VIFM and Melbourne pathologist if he states Elly was murdered after 7 years!!!!

people will ask why has it taken 7 years to conclude Elly’s cause and manner of death

with all the “facts” they were aware of in the early stages of Elly’s suspicious death!!!

Therefore the easy way out for Mr Cain was to say it was a possibility Elly was

murdered!!!

You See the reality is Mr Cain would have been taken back, totally surprised as we all

were with Dr klepp’s straight forward “compelling” evidence given at the inquest with

absolute confidence of the “packed chockablock sand” she had found and stated was,

“still” in Elly’s mouth and airways giving Mr Cain “no option” but to change elly’s cause

of death of undetermined by his pathologist at the Victorian coroner’s courts VIFM!!!

filling in most of the “major gaps in evidence”, when his pathologist did not find any

sand whatsoever of any significance!!!!

I told the Melbourne pathologist at the meeting with the family in 2017 that elly’s

airways were “packed” with sand and the Melbourne pathologist response to me was;-

“who said the sand was packed”

I told him “Dr Klepp when i spoke with her over the phone a few days after elly’s death”.

“dR kLEPP also suspected foul play and i also mentioned the email from DFAT taken from

the embassy staff in Pretoria WITH HER STATING THE ABOVE.

by reading this Summary you have already read this IMPORTANT “email above” where Dr

klepp stated the evidence indicates her head was held down in the sand. as i have said

this important meeting with the melbourne pathologist and three AFP officers was (ALL

“RECORDED with consent” in September 2017 therefore what i state here is all facts)

For anyone who wants to DIG further here my oral submissions with Mr Cain reveals some very “interesting facts” informing Mr Cain about the issues the family had and still has, but with the AFP Mr Cain states; “it is outside the boundaries or jurisdiction of the coroner’s court and if you have issues with the AFP Mr Warren you need to take this up directly with them”!!! My Oral submissions with Mr Cain are on this website.

I have contacted the AFP with a detailed report addressing the family issues to the AFP commissioner dated the 27th May 2024 but “NO” reply to date!! This report to the AFP commissioner is also on this website.

There were also other “disturbing” factors at a meeting with the Melbourne pathologist on the 7th September 2017 as I asked for a please explain with his autopsy report’s conclusion undetermined. Not one word was said about a Clear crime scene photo or Elly’s ripped apart top at this meeting 11 months after Elly’s death and there were “THREE” AFP officers present at this meeting. I did not know at this time about a clear photo and ripped apart top and neither did the Melbourne pathologist, coroner as King Taylor the (coroner’s assistant to Mr Bracken at the time) was also at this meeting and we were both not aware that this clear photo ever existed. The AFP were fully aware as I have said with the official letter sent to Mr Cain above they acquired it from DFAT on the 24/25th November 2016 having it for “14 DAYS” before handing it over to the Mozambique chief police on the 8th December 2016!!

Also another very “disturbing” factor at this meeting, I had asked the Melbourne pathologist if he had seen any autopsy photographs of Elly’s body and face. He said “NO” he hasn't seen any photographs of any kind except the grainy photo which was the blurred photo only at the crime scene. The Australian Federal Police Family Liaison Officer (AFP/FILO) (Kylie) assigned to the family was sitting between me and the doctor but she did not say anything about any autopsy photographs or clear crime scene photo at this point in time keeping quiet!! We are aware that AFP/FILO obtained these Autopsy Photos as stated in the AFP action sheet on page 11 she was sent these autopsy photographs on the 22nd November 2016 clearly showing all the marks, abrasions and bruising especially around the mouth and lips. However not one word from AFP/FILO at this meeting clearly indicating the depth and “LEVEL” of deception from the AFP and how far they will go to prove it was not a “CRIME” the requirement to send the MAR. I am not sure at this time if AFP/FILO had passed on the autopsy photos to the coroner, I would assume she had but her silence at this point in time at such a critical meeting with the doctor and family says it all and proves just how far the AFP will go by not disclosing this vital evidence keeping this critical evidence from the Melbourne pathologist and family which further enforces a crime has been committed to send the MAR. AFP/FILO was aware of the autopsy photos and clear photo at the meeting and should have said something at this very important meeting. The clear version of the crime scene photo was given to the AFP as stated by the official letter given to the coroner in June 2023 that the AFP received on the 25th November 2016. The South African autopsy photographs were given to AFP/SLO at the Pretoria Embassy South Africa from the funeral director Jeffrey Russell-Thom Kight & Co. The AFP/SLO at the Embassy had passed these ‘CRITICAL’ autopsy photographs on to the Australian AFP/FILO on the 22nd November 2016 as stated in the AFP action sheet on Pg. 11!!!

The AFP and AFP/FILO told the family at this meeting there is basically not much hope whatsoever for justice and said the AFP can’t get involved with another countries investigation. However the family’s Australian AFP/FILO did not disclose to the family that there was an “OPTION” which was available for the AFP to officially offer our assistance through a Mutual assistance request (MAR). This was never mentioned as an option at this meeting as the AFP told the family clearly they can’t get involved with another countries investigation at all. (All Recorded)

Elly’s family was never informed of or aware of any “review process” for a MAR to be able to assist with the investigation as we were told emphatically the investigation is the jurisdiction of the Mozambique authorities at this meeting with the Melbourne pathologist and AFP. The AFP were very careful here only telling the family what they wanted us to hear which is correct. It is the Jurisdiction of the Mozambique authorities but we were never informed of all our options here!!! It was not until much later on that I found out for myself with my own research, that it was officially possible for the AFP to assist the Mozambique police directly with boots on the ground and with different key elements of the investigation such as DNA testing of critical evidence thought an Official MAR if that country agrees!!! We have just never sent the MAR for them to agree to this day and it’s 2026. The Official MAR holds more weight from Attorney general to Attorney general as most countries are “given aid” by Australia making it difficult for them to say no. The AFP were fully aware of this option at this meeting with the Melbourne pathologist in September 2017 but had never informed the family saying there was basically no hope when another country was involved. (All I have said above about the meeting with the doctor and AFP is “the truth” as it is all “recorded” therefore it is all unequivocally factual evidence in support of the AFP deceiving Elly’s family)!!!!

It must be noted the AFP, Coroner’s court and Australian Government have still not sent the MAR to the Mozambique government for the release of their “casefile” even though I have approached my local MP Jodie Belyea as I have exhausted all efforts with other Australian Government agencies and avenues contacting her as my last desperate hope on several occasions who finally informed me by letter that she is also was not able to help me or Elly’s family with obtaining the Mozambique Casefile!!!

It also must be noted that the AFP hides behind the unofficial police to police system; this is totally “unofficial” and the AFP is fully aware that it only gives them very limited powers if any with foreign countries. If a police to police operation is accepted it is generally unofficial between the two countries in question as it’s more like a hand shake deal between the two authorities this may result in some sort of back door evidence exchange between the two countries but it will not allow the AFP to “officially” put boots on the ground and help directly with another’s countries investigation of a crime committed to an Australian citizen in a foreign country. But the big question here is I would not “TRUST” the AFP with this evidence anyway as they will not give you all the “FACTS” as this summary proves!!!

This is why the MAR was implemented so this is made possible only if that country’s “GOVERNMENT AGREES” , not their authorities as it’s very important to understand the difference here with what is really official. In Elly’s case the AFP or Australian government never bothered to send the official MAR therefore they were never “SERIOUS” right from the start and the AFP tried every deception in the book to ghost critical evidence from the coroner and family. The AFP’s “MOTIVE” here as I have explained was that this critical vital evidence which was ghosted from the coroner and family would have further enforced the fact that Elly’s death was a “CRIME” in 2016/17. The Classification of a crime is the “MANDATE” required for the AFP to review and send the official MAR to another country to offer our direct assistance!!! Also part of the reason why they did not want to get involved could be the fact that the AFP are not trained as “Homicide Detectives”!!!

Elly Warren’s Inquest 22nd,24th August & 11th December oral submissions 2023

With No action by the AFP, Australian government and the coroner’s court after 6 years the family had no option but to protest (Photo above) on the steps of the Australian Parliament in Melbourne at the end of 2022. This protest finally had some effect as a hearing was soon scheduled by the new coroner Mr Cain soon after on the 20th February 2023.

The AFP were directly asked by the coroner Mr Cain at this hearing in February 2023 to “move heaven and earth” for the family to find some answers. This “Finally Prompted” the AFP to send a commander over to speak with the Mozambique officials in May 2023 after 7 years!! The AFP were informed by the Mozambique deputy Attorney General that they are “still treating” Ms Warren’s death as a “homicide” and that they have suspects but not enough evidence to charge anyone!! An inquest followed in August that year which produced strong “quality-compelling evidence” to the fact Elly was murdered. However the coroner for some reason was reluctant to clarify Elly’s death as a murder just saying it’s a possibility!!!!

During the Inquest a critical incident occurred and my Barrister and Lawyer were furious at the time!!! This and along with other prejudiced aspects before and during the inquest made it very difficult for the family. I felt helpless really as my legal team and I had to send letters to Mr Cain explaining our points of view which were basically all ignored before the inquest except for changing Mr Cain's mind about one witness to be called Dr O’ Donnell. My barrister informed me with the major incident that occurred during the inquest we do have grounds to have Mr Cain dismissed from the proceedings. This was very serious and real as I could not believe it was happening really at the time during the inquest. The anxiety and pressure this placed me under was immense with also having to deal with the inquest at this time. My Barrister after conferring with his colleagues informed me that if we have Mr Cain removed this would mean there would be another inquest!!

The Incident that occurred started with my barrister asking for a request from Mr Cain to cross examine the doctors “separately” and he said he would review our request and shortly after he adjourned to his chambers. However what really concerned my barrister and lawyer here was Mr Cain was followed into his chambers by someone else other than a court representative at the time!!! When Mr Cain returned he denied our request to Cross examine the doctors separately!!! My barrister told me this was a major setback for us as it was to our advantage to have the doctors cross examined separately but we were all aware of the concerns Mr Cain had before and during the inquest with his Melbourne pathologist from his VIFM not finding any sand!!! However Dr O’Donnell’s radiology report “proved” the sand was there “before” the inquest!!! After deep consideration with my legal team we decided to continue on with the inquest as the Family had been through enough trauma with the court delaying the inquest for so long which was now leading into its 7th year!!!!

I also need to explain here the other major problems my lawyer and I had before the inquest as we had a huge issue with witnesses called to give evidence for the Inquest as Mr Cain did not want certain relevant witnesses and had “LEFT OUT” these vital relevant witnesses to give evidence at the inquest!!! The radiologist Dr O‘Donnell was a very important witness which we had to fight very hard for!! We all were left in “shock” at Mr Cain’s decision to “initially leave out Dr O’Donnell as a witness” and My lawyer sent a Detailed letter with the obvious reasons to us why we needed Dr O’Donnell asking Mr Cain to change his mind. Which Mr Cain did “Reluctantly as evidence given below proves during the inquest”. There were also three other vital witnesses all rejected by Mr Cain!!! I could not understand this at all especially when Mr Cain had stated previously at a hearing in February earlier that there are GAPS IN THE EVIDENCE. Surely then you would want all the relevant witnesses with the matter with all these gaps in evidence as stated by Mr Cain at this hearing in February 2023!!! This majorly affected our presentation of our case at the inquest to prove murder, a bit like cutting off one’s arm!!! Therefore my legal team was restricted as we were not in a position to fully present our case to Mr Cain from the start as he stated in evidence at the inquest to me and my lawyer “this is my Inquest and I am running it”. However what was made absolutely apparent at the inquest the Coroner Mr Cain was “very protective” of his pathologist and the Victoria institute of forensic medicine (VIFM) as they operate under the same roof with direct relationship with certain matters. This was also evident with his findings lacking important detail in certain vital areas with the matter on these issues!!! This is not mentioned above in Mr Cain’s findings above only that he rejected some of our witnesses because he said they were not relevant which should have explained Dr O’Donnell as he was initially rejected as a witness by Mr Cain!!!

Transcript page 129 Inquest 23/08/23. His Honour Mr Cain States below at the inquest to my barrister:-

29, HIS HONOUR: Yes. Let me deal with Dr O'Donnell in the first

30, instance. He was an input into Dr Lynch's report and he's only

31, here because your client requested it.

Mr Cain also restricted the number of AFP officials to be called as witnesses, informing my barrister at the hearing in February 2023 that he only wanted “ONE” representative from the AFP as a witness over the 7 years. We did not realise at the time what a disadvantage this was until the inquest as the AFP had a recent commander Smith represent the AFP who had only been working on the case for a year. This “fell right into the hands of the AFP” as this meant we could not call an AFP Official as a witness who had knowledge of the case in 2016/18 to ask questions as we had NO control over this!!! Therefore when we asked questions to AFP commander Smith about the case in 2016/17 with the AFP’s decisions and certain aspects of these early stages with the case also involving the MAR. Commander Smith did not have a “CLUE” about the circumstances surrounding the case in 2016/17. Commander Smith’s reply was; “he had no knowledge of the decisions made with the early stages of the case,” therefore he was not in a position to answer any questions around this time because he was not involved at that time!!!

Mr Cain’s decision here to only have one official representative from the AFP was “CONVENIENTLY” in “favour” of the AFP as they choose their one witness who had NO involvement of the case in the early years therefore we had NO answers from the AFP about this critical early time frame with our daughter’s case!!!! Again I don’t understand this when Mr Cain states clearly there are “gaps” in the evidence at this same hearing!!! Mr Cain had restricted our presentation to the court as very important witnesses which should have been called for the inquest had “majorly affected” my legal team to present our full case to the coroner Mr Cain at the inquest in 2023!!!

Also behind the scenes were very important circumstances taking place only days before the inquest, which no one was aware of, only the direct people concerned with the matter, especially the coroner Mr Cain. Dr Klepp had not agreed to be a witness at this time, only agreeing at the very last minute, because Elly’s mother Nicole had asked Dr Klepp directly to support the family only a couple of days before the inquest. Therefore without Dr Klepp or Dr O’Donnell as witnesses that left the Melbourne pathologist only to give medical evidence and he had “NO” Idea whatsoever about the sand packing Elly’s airways with both lungs full with sand as he never found any “SAND whatsoever as it’s not reported in his autopsy report!!! The Coroner Mr Cain was fully aware of this situation at the time and he explained to my lawyer that he was not going to subpoena or force Dr Klepp to be a witness, it has to be of her own doing!! We were in this very difficult position one week out of the Inquest as Dr O’Donnell was not a confirmed witness as we were still fighting for him!! Dr Klepp had still not agreed and did not look like agreeing basically one week before the inquest because, (cutting a long story short). I had an argument with Dr Klepp prior to not following up with the alcohol sample she had taken from Elly’s eye which was not tested!! This resulted in “NO” BAC level taken from Elly’s body. What would be the point of having the inquest without these two vital doctors to give evidence. The Melbourne pathologist did not have a clue about the sand therefore the true cause of death would never have been established at the inquest. It would have remained as “UNDETERMINED”!!!!

As it turned out Dr O’Donnell along with Dr Klepp had given “compelling evidence” at

the inquest which resulted in Mr Cain Changing the Melbourne pathologist cause of

death conclusion from Undetermined to: ( aspirating a lot of Sand ) .

however the cause of death should have been more like: (“Aspirating Sand which had

packed and obstructed the airways) “,

My cause of death above was more like the compelling evidence given by Dr Klepp at the inquest stating she found the sand was “Chockablock”. I reiterate Mr Cain agreed which resulted in him changing the Melbourne pathologist conclusion from Undetermined after hearing the compelling evidence from Dr Klepp at the inquest!!!

It must be seriously noted here that I had informed the AFP and coroners court of these facts and to contact Dr Klepp back in 2016 about the packed sand and her findings. I tried desperately, very hard to have them officially talk with Dr Klepp back in 2016 as it was all recorded at the meeting with the Melbourne pathologist in September 2017 as solid facts!!!!!

Dr Klepp had also stated in her evidence given that in all her 44 years as a pathologist I have never seen sand so packed, chockablock as I had in Ms Warren’s airways and she had seen a lot of cases before with people buried alive with the gold mines in South Africa caving in often. Dr O” Donnell stated that both lung trees are completely full with foreign material which is sand given the circumstances and there is very high density readings of 1290 (HU)-(Hounsfield unit of measurement) and 947HU equivalent to cement and bone density levels all clearly shown in his radiology imaging report taken from a CT scan just before the Melbourne autopsy on the 22nd November 2016. The Question then needs to be asked here: why then did the Melbourne pathologist not find and see all this sand as it is not reported in his official autopsy report that both lungs were full with sand!!! The Melbourne pathologist clearly states at the meeting in September 2017 as a “FACT” that he did not find any “SAND WHATSOEVER”!!!!! “Mr Cain has left out all this critical evidence above in his findings”!!!!

What was interesting and very “noticeable” at the inquest is after the radiologist Dr O’ Donnell had given some evidence he then brought up another scenario to confuse matters in saying Elly’s body may of been in water, realising his previous evidence given to the coroner at the time may have affected his mate the Melbourne pathologist also from the Victorian Institute of Forensic Medicine based at the coroner’s court.

It must be noted: No autopsy stated or detected that the lungs were full or had any water in them. I had also asked Dr Klepp a number of questions with my phone conversation I had with her in 2016. One of the questions I asked her was “Had Elly’s body been in water” Dr Klepp told me “there was no water or seawater found in her body or lungs.” “This is the aspiration of a large amount of sand which was inhaled during life causing Elly’s death”. “I found that the Sand had completely impacted her mouth and airways”. I then asked her if she thought there was foul play involved here, she told me “it is looking that way Mr Warren but I need to wait until I receive the toxicology results”.

Also the other critical aspect I found with the Coroner’s court in Victoria was they had no confidence whatsoever in other countries doctors Mozambique and South Africa pathologist especially the Melbourne pathologist from the VIFM had no confidence in others doctors as he made that “abundantly clear” in his recorded meeting with the family in 2017. Now Mozambique I could understand as this is a third world country but South Africa is more inclined to have doctors qualified in forensic medicine. This is why the family agreed to have the second autopsy because Dr Klepp was highly recommended by the Funeral Director Jeffrey Russell in South Africa which was organised with DFAT’s support. The interesting factor here is Dr Klepp (South Africa Pathologist) in giving her evidence was asked by Mr Cain’s assistant Sergeant Treverton of the Victorian police below:-

(Inquest transcript page 164 coroner’s  court 2  (24/08/23)

25, SERGEANT TREVERTON: Dr Klepp, If I can begin with you? can you

26, just provide a brief background of professional

27, experience and details of your current role?

28, WITNESS, KLEPP: Sure, um, I qualified with an MBBCH degree in

29, 1977. Um, I obtained a diploma in forensic medicine in

30, 1981, a fellowship in forensic pathology in 1984, and a

31, master’s degree in forensic pathology in 1985. um, I

(Inquest transcript page 165 coroner’s  court 2  (24/08/23)

01, have been working in the field of forensic medicine and

02, pathology for 44 years, and as a senior specialist, um,

03, lecture at the university of Witwatersrand as well from

04, the time I specialised.

As you can see above and this is “very important here to confirm” that Dr Klepp is “highly qualified with 44 years experience” more so than the Melbourne pathologist. If the coroner’s court, Melbourne pathologist, AFP or DFAT had of asked or contacted Dr Klepp for a video conference or at least spoken with her in 2016/17 as she was willing to help providing her phone number on her autopsy report, she would have provided them with “critical information involving the factual evidence” in support of highly suspicious circumstances surrounding Elly’s death, especially around the “packed chockablock sand and Marks, abrasions with bruising of the face and lips in 2016. Not “ SEVEN ” bloody years later where the coroner Mr Cain after hearing compelling evidence from Dr Klepp at the inquest in 2023, having then had no choice but to change the Melbourne pathologist cause of death from Undetermined to aspirating a lot of sand!!!!!

This is unprofessional and nowhere near good enough by the Melbourne Pathologist,

Victorian Coroner’s court and our authorities. Elly’s family is “very disappointed” with

the lack of “effort proven here” given the suspicious circumstances of Elly’s death at

this vital early stage of the coroner’s and AFP investigation in support of the coroner

in 2016/17!!

I reiterate that a lot of the gaps in evidence before the inquest mentioned by the coroner Mr Cain at the hearing in February 2023 were proven due to the compelling evidence given by Dr Klepp and Dr O’Donnell at the inquest for the coroner to “change” the Melbourne pathologist conclusion of death as Undetermined to aspirating a lot of sand. Therefore it is not physically possible for Elly to inhale sand on her own to this degree, packing her airways chockablock as Dr Klepp has described in her evidence given from just falling over in the sand on her own!!!! Further compelling evidence also given by the witnesses at the inquest made this impossible for Elly to pack her airways to such degree due to the fact of where Elly’s body was found laying completely flat with her head in a straight normal position with her face and chin clearly resting on top of a very “firm sandy” walking path around the toilet block as this is supported by the clear version of the crime scene photograph and with evidence given by Dr Klepp and Jade O’Shea at the inquest!!!! Dr Klepp states in evidence “it’s not possible to compromise her airways packed chockablock as I found the sand when I examined the body, laying flat in this position on this hard firm surface in the photograph”. “It’s a point that a sand sample was not taken given these circumstances”!!!

I had also informed Mr Cain at my oral submissions on the 11th December 2023 that over the 60 years of recorded deaths in Australia not one “Adult” had just fallen over onto or into sand and had inhaled sand blocking their airways causing death. When you consider Australia is surrounded by beaches with plenty of people “really enjoying themselves at times” it really supports the fact it was impossible for Elly to just fall over laying flat on a firm surface shown in the clear crime scene photo for whatever reason and packing her airways and lungs chockablock causing her death!!!

Dr Klepp was also asked in evidence given at the inquest did she agree with a witness’s version that the witness “thought it was very strange to see Elly’s mouth fully packed with sand”. This witness was asked to identify Elly at the crime scene that morning of the 9th November 2016, Elly’s dive instructor. Dr Klepp’s answer here at the inquest was;-

“I “absolutely agree” with the witness as that is how i found her oral cavity

Chockablock”

It must be strongly noted here;-

Dr Klepp examination took place 7 days after Elly’s death and her oral cavity was still chockablock packed with sand at this point in time. It just indicates how firmly packed the sand was to still be jammed packed when Dr Klepp received Elly’s body on the 16/11/2016 seven days after her death. Especially when you consider all the facts here that Elly’s body had previously been driven over dirt roads for Four days to Maputo for her first autopsy due to monsoonal flooding conditions closing the nearest airport. Having also had a previous autopsy on the 14th November in Maputo where they obviously left much of the sand for the following doctor to see. Elly’s body was then transported to Dr Klepp for her examination on the 16th November in South Africa where she had stated in evidence that Elly’s airways were still “CHOCKABLOCK” when she examined her body. The coroner Mr Cain was fully aware of all these facts!!!

Other critical evidence here which supports that it was impossible for Elly’s to have packed her airways and lungs in such a manner where her body was found and supported by the Mozambique detailed police report of homicide on the 20 August 2020 which is evidence entered in the colonial brief and also mentioned in Mr Cain’s findings at No 125:-

‘The body was found lying down in a prone position, with the superior members folded

in “V” shape against the face with her face and nose on the soil’,

This official Mozambique SRENIC police report also states :_- That the place of “CRIME” is “UNKOWNEN”. Also proving without question Elly’s body was moved after her death to the Toilet block location!! They don’t know where the “HOMICIDE” happened! But they know with absolute confidence it did not happen where Elly’s body was found at the toilet block!!

This statement of the facts clearly has Elly’s head , face and nose on top of the soil. Elly’s body is laying flat with her arms in a V shape with her arms against her face all proving her head is clearing above the surface on a firm pathway. However I had words with the chief Inspector in 2018 when I attended his office informing him that Elly’s body position had been changed and she was in a Muslim pray position as a witness had stated around 6am. He waved his finger at me, getting very agitated and upset with my version of Elly's body position. Saying I can’t say that, the police changed her position!!!! Therefore for this report on the 20th August 2020 he has made Elly’s body position as per the Clear crime scene photo I had given him but has not mentioned the clear photo or ripped apart top in this official report!! WHY NOT?!!!!

Also it must be noted that two mobile phones which had taken crime scene photographs that morning of Elly’s body at 9am on the 9th November 2016 have been reported as “BROKEN” giving us no Mozambique police crime scene photographs of the crime scene!!!

I Reiterate what supports this evidence is the “Clear “crime scene photograph which I gave to the Chief inspector Cudzi at a meeting I had with him at the PIC headquarters in October 2018 and the clear photo, ripped apart top is still not mentioned in this detailed report on the 11th August. This prompted this new detailed report from the Mozambique authorities on the 11th August 2020 as Inspector CUDZI states to me all recorded that he will need to go back to the crime scene again hence the new detailed police report by the Mozambique Authorities. This is because the Chief inspector was so impressed with all the evidence I had obtained in such a short time he asked me to document the factual evidence in a statement which I signed and to have this evidence officially authorized, Signed and stamped at the Mozambique notary in Inhambane.

What was Clarified in this official signed statement by me and stamped officially by their Notary and given to the PIC Commander Chief inspector Cudzi confirms and states below;-

That on the 16th of October 2018 Pic commander Cudzi informed me, “that the sand

samples taken and analysed revealed that the sand in Elly’s internal airways was not

the same as The toilet block area”, “the attack did not take place there”. proving

without doubt the body was moved “post Morten”

My lawyer sent Mr Cain a letter before my oral submissions informing Mr Cain of the Chief Inspector ‘s comments stated and this was also spoken about at my oral submissions that the Chief Inspector states the sand in Elly’s month was not the same sand found at the toilet block where the body was found!!!!

I reiterate here Dr Klepp had stated in evidence given at the inquest that it was not possible for Elly’ to pack her airways chockablock laying in this position on the firm hard surface shown in the clear photograph. The family sort advice from another Pathologist Dr Byron Collins and he “totally agreed” with Dr Klepp’s evidence given, after being informed of her evidence given with the chockablock sand in the airways and lungs and then viewing the clear crime scene photo of the position and surface that Elly’s body was laying flat in when her body was initially found first by the fisherman. It must also be noted that Dr Collins had already come to the conclusion before the inquest that it was not possible for Elly to compromise her airways laying flat on this firm surface with her head on top of the ground. After Dr Collins had heard Dr Klepp’s evidence of the chockablock sand he said “this made it impossible in this body position and at this location”. Dr Collins was one of the witnesses rejected by Mr Cain as he was mentioned as a vital witness by my barrister at the hearing in February 2023. Mr Cain had agreed to an independent assessment by another pathologist of the medical findings but later changed his mind to just a peer review. This was carried out by VIFM Doctors which the “family was very upset about” as we pointed out in a letter to Mr Cain that it was a conflict of interest but he took no notice as he had full confidence in his doctors at the VIFM which was his reply to the family all documented as facts. This is his inquest to run as he clearly told me and my lawyer during the inquest also noted in transcript at my oral submissions. Dr Collins had also given a previous report to the then coroner Mr Bracken back in 2020/21.

However Mr Cain in his findings conclusion states;-

“On the available evidence I am unable to determine if Elly aspirated sand at the

location where the body was found or at another location and moved Post-

Mortem”!!!

in referring to the gaps in evidence Mr Cain has stated he required the Mozambique casefile for further evidence however the three witnesses he left out of proceedings our Independent pathologist Dr Byron Collins who had given an updated report during the inquest: Stats in his recent report with the matter;-

if the court agrees with Dr Klepp’s evidence given then I am of

the belief the evidence proves Ms Warren was in fact

murdered.

We asked for Dr Collins at the hearing in February 2023 but Mr Cain changed his mind and asked for a peer review using other VIFM doctors at the court to reassess the medical findings. We also asked for Mr Roos Nicole's private investigator working with the Mozambique police with boots on the ground and having been in a position to give a direct update on the Mozambique investigation and evidence as this was stated in the AFP’s official letter sent to the coroner on the 19/06/2023. Mr Roos states in this letter that he was in a position to give an updated assessment of the Mozambique investigation from his last report which was placed into evidence by Coroner Bracken at the time in 2019 making him a credible witness as his past evidence was entered into the Coronial brief as a full official report. Mr Charlie Bezzina, a retired Melbourne homicide detective well respected working with me on the case for over five years, had also given the court a statement with evidence proving Ms Warren was a victim of homicide.

It must be noted all three of these critical professional witnesses in their perspective

fields of expertise above relevant to the proceedings were rejected by Mr Cain, they all

have one common denominator. They all believe that the factual evidence they had to

offer proves that Ms Warren is a victim of homicide. this is also supported by

compelling evidence presented and given at the inquest by the doctors, The

Mozambique Attorney general in a meeting with the AFP commander in may 2023 states

they are still treating Ms Warren’s case as a homicide, two Mozambique police reports

and their autopsy report all stating Ms warren is a victim of homicide!!

What hope did Elly’s family ever have at the inquest under

these factual circumstances above!!!

F and G below from Mr Cain’s conclusion:-

f) it is possible that Elly was moved post-mortem to the location adjacent to the toilet

block near the marketplace at Tofo beach where she was found on the morning of 9 November 2016; and

g) it is possible that a person or persons unknown caused or contributed to Elly’s death.

The vital Trace Evidence

The AFP sent a letter on the 24th October 2024 informing the family that the Mozambique judge responsible for the criminal investigation has ordered the judicial process regarding Ms Warren homicide be closed as there was “insufficient evidence” to proceed with the matter to charge any perpetrators!!!

I have however been recently informed late 2025 that the top Mozambique criminal

police (SERNIC) are aware of these “perpetrators” who Murdered Elly as a incident

happened in Tofo where the SERNIC police were staying. items were stolen a Mobile

phone and laptop while they were sleeping. At the time the Police had no doubt this was

a brazen act to find out what information they had acquired. I was also informed by

my Highly respected source it is now common knowledge in Tofo who these

perpetrators are!!! How critical then was thE key trace evidence here, Elly’s “clothes”

she was wearing at the time of her death and the material evidence the “ladies sanitary

item missing at the Victorian Institute of forensic medicine (VIFM) at the victorian

coroner’s court!!! A match in DNA from the clothes or sanitary item to any of these

suspects are enough for a conviction as it places them at the crime scene!!!

Would it have made a difference for justice if the AFP had of retrieved this critical trace evidence, Elly’s clothes she was wearing at the time of her death which should have been given “top priority” by the AFP as they were “on the ground in Tofo and Maputo only 9 days after Elly’s murder supporting the coroner’s investigation.” No one came to pick up this “vital trace evidence” from the Maputo central hospital. Elly’s clothes were there ready to be picked up by our authorities before they were eventually destroyed later on as the director of the hospital where Elly had her autopsy has stated to the family they keep the clothes for some time for the family or in this case the countries authorities to pick up at the Maputo central hospital. The Hospital was fully aware this was a suspicious death of a foreigner as their autopsy concluded homicide, therefore they were aware of how important these clothes were at the time!! The Mozambique police obviously had no interest in the clothes Elly was wearing at the time of her death as the Mozambique inspector who accompanied Elly’s body to the Maputo hospital had left them at the hospital! consequently they were not placed into evidence as they can’t test for DNA from clothing. However they were “not aware” of their own Tofo police cover-up at this time with the ripped T-shirt!!!

I reiterate the AFP or DFAT had every opportunity to obtain these vital clothes Elly was wearing at the time of her death as they needed to change flights from and to Jo-Burg twice in Maputo on the way over and on their return From Inhambane/Tofo but they did not “bother” to go to the central hospital in Maputo where Elly had her autopsy three days earlier to retrieve this VITAL TRACE EVIDENCE!!!!! Even after the chief Mozambique inspector was so obliging in Inhambane/TOFO handing over Elly’s other clothes, suitcase and backpack as stated in evidence at the inquest by DFAT’s Senior Liaison Officer and the AFP action sheet. DFAT/SLO Stacy Walker has also given false evidence at the inquest as she clearly states they “flew direct to Inhambane from Jo-Burg” in her evidence given at the inquest in 2023 but this is impossible because there are No direct flights to Jo-Burg and return flights as you need to change flights in Maputo for Inhambane where a twin propeller plane is used for that leg of the flight to Inhambane!!!!

Elly’s family will not know if it would have made a difference as this critical trace evidence was never analysed for any DNA!!! It’s such a big opportunity missed here for DNA trace evidence as a drop of sweat, skin cells from a hand grip ripping the top, other body fluids and hair etc. I realise the AFP are not Homicide detectives as Mr Charlie Bezzina has informed me of but surely the AFP were aware of just how important the clothes Elly was wearing at the time of her death were for forensic DNA testing Top, underwear and bra Etc!!! The other angle here is did the AFP want to retrieve these clothes as it would have exposed the cover-up of the Mozambique police without question!!!

The other critical trace evidence of the ladies sanitary item, well I really don’t know what to say here it has never been found!!!! It’s all just so disappointing the lack of effort here with such vital evidence!!!! All this vital trace evidence has never even been mentioned in the official AFP action sheet or any official police reports from either country, it’s like it never existed!!! Elly’s other clothes in her suitcase and backpack were mentioned in the AFP action sheet and other trace evidence but not the clothes “Elly was wearing at the time of her death”!!! The material trace evidence lost at the VIFM is also not mentioned in any statements or police reports. It was only mentioned by the Melbourne pathologist in an extra supplementary report because I asked the then coroner Mr Bracken for a full investigation on the lost ladies sanitary item after talking with Mr Bracken’s assistant Mr King Taylor. The Melbourne Pathologist states in his supplementary report at the time;- ((“it’s possible I have missed it”) !!!! The Melbourne pathologist also states in his evidence given at the inquest that “Someone can be sexually assaulted and show no signs” elevating the seriousness for the fact the ladies sanitary Item should have been forensically tested for DNA. It must be noted Dr Klepp in her evidence given also at the inquest in August 2023 states; '“she had removed the tampon and placed it in a plastic bag with the organs placing the plastic bag inside the body for repatriation to Australia”. The above is not mentioned in Mr Cain’s findings!!!

The transcript page 283 relevant from my oral submissions regarding the MAR and evidence exchange for DNA testing with Mr Cain below:-

11 Mr warren; reading the mar act though i look at it that way

12 and it actually does state that countries can help with

13 some countries who are not advanced in DNA testing

14 his honour; it’s voluntary

15 mr warren; and they can sent items over for

16 testing.

17 his honour; but it’s only if they “agree'‘. only if they '“agree”.

18 but look, thank you, mr warren. that’s been helpful i

19 now need to give mr yuile an opportunity to respond to

20 any of those matters he wishes to respond to.

21 mr warren; i’d just like to say though we say only if they agree

22  “we never gave them the opportunity to agree”!!!

I have sent a report to the commissioner of the AFP on the 27th May 2024 detailing most of their discrepancies with the case with no reply to date, only acknowledgement that the AFP commissioner had received my report. I had sent letters/emails to the Australian government for an inquiry/Investigation into the handling of my daughter’s investigation by the Australian authorities and “five times” they have referred the matter back to the AFP!!! I attended the office of my local MP Jodie Belyea and she later sent me a letter stating they can’t help me or the family!! The commonwealth ombudsman has been given all the factual evidence two years ago with all the supporting facts however they also keep stalling as they all just really Don’t care!!! If it was any of their children involved I am sure their approach would be very different!!!

“An Inquiry is necessary to prevent these unjust circumstances from happening

to other Australian families in the future”.

Elly was a “proud Australian” and the facts unequivocally

prove her country and authorities had deceived and

abandoned Elly and her family!!!

Note;- If on a Mobile phone click top right, three lines to open up all headings, Blogs at the top of the page.

All the blogs are the facts and I have all the supporting facts which would hold up in a court of law.

The resent two blogs, updated and added are especially interesting facts with all the factual supporting evidence attached :-

Click on the dates to open links below to blogs and MUtUAL ASSISTENCE REQUEST (MAR).

Note once you click on any link below you will leave the home page. To return you need to return to the home page and scroll down again to open up another link. If on a Mobile phone the MAR link is an external link and you can return by clicking top left arrow.

17 September 2025 : -

The Facts behind the scenes around the Cover-Up Deception of the Australian Federal Police, DFAT’s Honorary Consul and Mozambique Police in “November 2016”. A New factual report added in search for the truth June 2025. This report uncovers the Mozambique cover-up only a few days after Elly’s death and the attempt of the Australia Authorities to keep the Mozambique police cover-up quiet. The supporting evidence is attached to the report to support these facts!!!

Mutual-assistance request-overview.pdf

By Clicking on the Link below you will see just how much of a powerful tool the Mutual assistance request is for all countries to use around the world and it covers all aspects of transparency and cooperation

https://www.ag.gov.au/sites/default/files/2020-03/Mutual-assistance-overview.pdf

22 August 2025:-

Elly Warren's Fathers Report on the Coroner's Findings;-

This report on the coroner’s findings is mostly in systematic order. These are the relevant points of reference from the Coroner’s findings in more detail and charily ensuring all the relevant facts are mentioned which were overlooked or not explained fully in the coroner’s findings. This report exposes the deception of the AFP and questions Mr Cain’s findings!!!!

5 January 2024;-

My oral submissions with coroner Mr Cain;-

Also My oral submissions were made directly to the coroner Mr Cain on the 11th December 2023. This blog further supports the strong relevant compelling facts, with Elly’s father’s further attempts to clarify the circumstances of his daughter’s murder to the coroner Mr Cain.

Photos of Tofo Mozambique