I am Paul Warren, the father of Elly Rose Warren. My daughter was murdered in Mozambique in 2016, and for more than nine years I have investigated her death because the official investigation failed to uncover the truth.

I now present a full, factual, and evidence-based account of all circumstances surrounding Elly’s murder.

It is critical that anyone reading this account understands one thing: I state only verifiable facts. Every detail is drawn from recordings, court transcripts, medical and forensic reports, and official documents entered into the Coronial evidence brief. What follows is not allegation, opinion, or speculation, it is the documented truth, supported by evidence that can be independently verified.

Hunting Elly’s Killer tells the “true story” of my daughter’s murder and the years long investigation that followed. Releasing on 30th June 2026, the book is supported by this dedicated website, presenting verified, evidence based information that provides a compelling and credible record not only of Elly’s life and tragic death, but also of my determined investigation to uncover the facts, examine the evidence, and pursue justice.

Every claim is grounded in documented evidence and has been carefully reviewed over time, including through formal processes and professional insight. A foreword from a respected professional further reinforces the authority of the book and the verified nature of the evidence, while I maintain full transparency over both the book and website.

Dedicated to Elly, the book is a testament to my enduring love for her. It shares personal memories of our family life, the joy she brought, the devastating moment we learned of her death, and the profound challenges that followed, challenges that changed our lives forever.

This personal account of a nearly decade long struggle to achieve justice exposes serious questions about the investigation and the handling of critical evidence. These questions remain unanswered and cannot be ignored or just swept under the carpet.

Above all, the book and website together highlights the urgent need for meaningful reform to support families facing the trauma of a suspicious death overseas. It calls for direct assistance to help families achieve justice, ensuring they are never left alone, unheard, or without practical guidance while coping with the unimaginable loss of a loved one overseas.

The Murder of my Daughter Elly Rose Warren

Elly Warren was an Australian woman who was murdered at Tofo Beach, in the province of Inhambane, in the south-eastern region of Mozambique, in 2016. Elly was born and raised in Mordialloc, a suburb of Melbourne, and attended 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, during which she was volunteering and working alongside scientists with Underwater Africa, a marine research and conservation volunteer program. Elly was travelling alone in Africa. During her time in Mozambique, she stayed in a bungalow hut at Casa Barry Lodge, a popular diving resort at Tofo Beach.

As part of the marine research program, the team travelled by boat to reefs off the coast of Tofo, a small fishing village, where Elly scuba-dived with a team of marine biologists and scientists, exploring and studying the abundant marine life of the Indian Ocean, off the coast between Mozambique and Madagascar.

On Tuesday, 8th November 2016, Elly left Casa Barry Lodge at the conclusion of her six-week program and moved to accommodation at Wuyani Pariango Backpackers in Tofo, where she had previously left her belongings. That evening, Elly was with friends and was last seen at approximately 11:30 pm. At that time, she appeared normal, and no ripped or damaged clothing was observed. This was the last time any of her friends saw Elly alive.

Elly was due to return home to Australia on 13th November 2016. However, in the early hours of Wednesday, 9th November 2016, her body was discovered at approximately 5:00 am by a local fisherman, near a toilet block adjacent to a street marketplace in Tofo.

Initial Investigation

Directly after Elly’s death, there were inconsistent reports as to the cause and manner of Elly’s death. Initially, an 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 failed to “mention” that Elly’s t-shirt, which she was wearing at the time of her death, was totally destroyed, ripped apart from her right shoulder down the entire length of the right side of her body. (These above facts are fully explained later on.)

Right after Elly’s death, the 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.”

From the very beginning, I was deeply concerned by the Melbourne pathologist’s autopsy report and, more importantly, by what it failed to include. As Elly’s father, I undertook my own investigative work because critical aspects of the evidence were not adding up. These concerns arose in real time and escalated immediately; what began as urgent questioning became years of sustained investigative work.

My first clear understanding of the serious circumstances surrounding my daughter’s death came from a South African pathologist, Dr. Klepp, who examined Elly’s body shortly after her passing. On 20th November 2016, I spoke with Dr. Klepp by phone. She was clear, serious, and deeply concerned. She told me that Elly’s airways were completely packed with sand, not a small amount, but fully blocked, a finding that alone should have raised immediate and serious suspicions. Dr. Klepp also described bruises and abrasions around Elly’s mouth and lips, which had become more evident over time, particularly when she examined Elly’s body on 16th November 2016, seven days after her death. In her professional opinion, the combination of fully blocked airways and facial injuries did not appear to be the result of a simple accident. Just days after Elly’s death, she told me she suspected foul play.

In 2016, the Mozambique autopsy report and the Mozambique prosecutor’s report were provided to the Australian Federal Police (AFP) through informal, back-channel means by the Mozambique authorities. However, neither the coroner nor the family have ever been given access to the Mozambique prosecutor’s report (Morals Baubo Nhanala, Head Prosecutor, Inhambane Province). Despite this, the existence of both reports and the AFP’s receipt of them is acknowledged in the coronial brief, as referenced in the AFP’s Summary of Circumstances report to the coroner.

On 19th December 2016, two officers from the AFP attended my home and spoke with me. During this meeting, they verbally informed me that the Mozambique autopsy report had concluded that Elly’s death was a “VIOLENT DEATH HOMICIDE.” Although I was already aware of suspicious circumstances from my prior conversations with Dr. Klepp, this information was devastating and left me completely stunned. I struggled to comprehend what I was being told. The AFP officers also advised me that the Melbourne pathologist had assessed Elly’s cause of death as “undetermined,” and that the coroner would make her decision in chambers. I was further told that the AFP could not become involved with the investigation because it fell within the jurisdiction of the Mozambique authorities. However, later I was to find out there were options available to the AFP to have direct involvement, which was not disclosed to me at this first meeting by the AFP.

I was deeply distressed after being informed by the two AFP officers of the Mozambique autopsy conclusion. Once I had cleared my head and settled somewhat, I could not understand how the first two autopsies were consistent with one another, whereas the Melbourne pathologist’s conclusion was not and made no sense to me at all. Therefore, at the meeting, I told the AFP officers what the South African pathologist had personally told me over the phone: she also suspected foul play, based on the evidence of sand packed in Elly’s airways and bruising to her face and lips. I also pointed out to one of the AFP officers that she was already aware of this information through an email sent to her from the Department of Foreign Affairs and Trade (DFAT), which had also been provided to our family.

I could not understand, in light of the first two autopsies clearly indicating homicide, how the Melbourne pathologist could conclude that the cause of death was undetermined. I asked the two AFP officers how it was possible that the Melbourne autopsy conclusions could be so fundamentally different from the other two autopsies. I was told that the Melbourne pathologist could only work with the evidence available to him.

After the meeting with the AFP officers, I became very suspicious about what was going on, as it did not add up in my mind. The first autopsy conducted in Mozambique is definitive, as it explicitly determined a “violent death homicide” based on the “ABUNDANCE” of sand obstructing the airways. The second autopsy, conducted by Dr. Klepp, concluded that Elly died from aspirating a large quantity of sand that completely blocked her airways and also documented trauma to her head and face. Dr. Klepp personally and directly explained her findings to me over the phone and explicitly raised the possibility of foul play, which I formally conveyed to Australian authorities at this meeting, followed up by emails, and also at a further meeting with the Melbourne pathologist in September 2017.

At this point in time, I had received two very important emails from DFAT. One confirmed what Dr. Klepp had told me over the phone with her serious concerns, and the other informed the family that the Australian Honorary Consul had attended the crime scene only three days after Elly’s death on the 12th and 13th of November and had taken some photographs, including one “blurred” photo of a body that appeared to be Elly, but was too blurred to provide any detail, and provided a short, basic report to the family. This report was not official; it was simply a piece of paper containing notes from the Honorary Consul’s conversations with locals in Tofo. While much of it was hearsay, two aspects particularly concerned me: the blurred photograph of Elly’s body lying on the dirt outside the toilet, obtained from a local fisherman, and the witness at the crime scene who was asked to identify Elly. The witness found it very strange that Elly’s mouth was packed fully with sand and became suspicious about what may have happened to Elly.

When I put the main pieces of evidence together at this time in 2016 the Mozambique autopsy findings of a violent death with the airways packed with sand, Dr. Klepp’s suspicions, and the blurred photo and witness observations at the crime scene with packed sand in her mouth “began to paint a clear picture of highly concerning systematic suspicious circumstances”, confirming to me that my daughter had in fact been murdered. I conveyed all of this information to the Australian authorities, including the Coroner’s Court, the AFP, and DFAT, and at a further meeting with the family and the pathologist in the presence of AFP officers at the recorded meeting in September 2017. Despite this, no one would listen to me at the time, which was extremely frustrating and distressing.

The third autopsy in Melbourne was requested by the Melbourne Coroner and conducted at the Victorian Institute of Forensic Medicine (VIFM). This autopsy surprisingly reported “no major sand in the airways whatsoever” and made “no finding of sand in either lung”. On this basis, the Melbourne pathologist concluded the cause of death as “undetermined” in 2016. This outcome raised a deeply troubling question for our family at the time: did the Melbourne pathologist even examine the correct body at VIFM? The conclusions of the Melbourne autopsy were fundamentally inconsistent with the prior autopsies, which had clear, documented evidence of fully obstructed airways and facial injuries.

The discrepancies were so stark that they continually played on my mind, compelling me to formally request a meeting with the Melbourne pathologist through the court in order to seek clarification and ensure the evidence had been properly considered. Hearing this was profoundly disturbing, as it directly contradicted the earlier autopsy findings. The Melbourne report stated there was no “significant sand of concern”, referred only to a small residue in the airways, made no reference to sand in the lungs, and again concluded the cause of death as “undetermined.”

In contrast, the initial autopsy conducted in Mozambique found an “ABUNDANCE” of sand in the airways and concluded that the manner of death was violent homicide. The second autopsy in South Africa confirmed that the airways were completely blocked with sand, documented notable trauma to the head and face, and explicitly raised the possibility of foul play. These two reports were consistent with each other and were later confirmed during the inquest in 2023, where Dr. Klepp gave evidence stating in her words that “the airways were ‘CHOCK-A-BLOCK’ with sand”, supported by radiologist Dr. O’Donnell from the Victorian Institute of Forensic Medicine. Dr. Klepp was also asked at the inquest did she agreed with witness at the crime scene who was asked to identify Elly that he found it very strange to see Elly’s mouth was packed with sand,

Dr Klepp’s replied was:

I absolutely agree, that is how I found her oral cavity” “CHOCK A BLOCK”!!!) This was seven days after Elly's death!!

The Melbourne autopsy, however, originally reported no meaningful sand, no trauma of concern, and concluded the cause of death as “Undetermined.” These three reports are fundamentally irreconcilable; all three cannot simultaneously be correct. When the inquest took place in 2023, the Coroner, Mr. Cain, did not fully explain or resolve these contradictions, leaving critical questions unanswered and compounding the family’s distress. From the very initial stages, the family had questioned whether the Melbourne pathologist had examined the correct body.

The major contradictions between the Melbourne autopsy and the earlier autopsies confirmed why this concern was raised so early. Later, Mr. Cain officially changed the Melbourne pathologist’s conclusion from “Undetermined” to death by aspirating a large amount of sand, completely obstructing Elly’s airways, which was consistent with the evidence ultimately accepted at the inquest, confirming all the family concerns that I had raised initially in 2016/17 and repeatedly over a number of year’s !!!

In September 2017, a formal “please explain” meeting was held with the Melbourne pathologist, members of Elly’s family, and representatives of the Australian Federal Police. The meeting was recorded with consent because of the seriousness of the issues the family needed to clarify. The Melbourne pathologist stood by his findings, stating that if asked in court whether he had found any sand, his answer would be: “No, I did not.” He also confirmed he was confident the body he examined was Elly’s.

What was deeply concerning, besides him not finding any sand, was what he did not address. He made no acknowledgment of Dr. Klepp’s observations, offered no explanation for the contradictions between his findings, hers, and those from Mozambique, suggested no further testing or independent review, and made no attempt to contact Dr. Klepp, even though she had left her phone number on her autopsy report for exactly this purpose. I had personally informed him of Dr. Klepp’s serious concerns during our meeting and outlined the circumstances she had reported to me over the phone and via email from DFAT, including the packed airways and visible injuries. These observations added weight to her opinion that this was a highly suspicious death, with features that raised the possibility of foul play.

Following the September 2017 meeting, I became even more worried and angry about the factual evidence that had been overlooked. I also learned that the Melbourne pathologist had never been provided with the critical photographs before completing his official autopsy report. At the meeting, I made it absolutely clear that I did not agree with his conclusions. The other two autopsies, both identifying sand packed deep into Elly’s airways, were consistent with each other and provided compounding, compelling evidence. I emphasized this further based on what Dr. Klepp had told me over the phone: her examination observations indicated that the sand was packed, and the marks on Elly’s body collectively led her to believe there was a very real possibility of foul play. I also raised the email from Dr. Klepp to the embassy, in which she stated that it was a real possibility that Elly’s head had been forcibly held down in the sand.

These matters were not addressed at the time, leaving the contradictions between the two post-mortem examinations unresolved, a situation that was both profoundly troubling and deeply frustrating.

He then attempted to justify his report by reviewing the findings of the first two autopsies, essentially suggesting that both those reports, along with Dr Klepp’s comments, were unsustainable, implying that there are “forensic pathologists and then there are forensic pathologists”. However, not only did the Melbourne pathologist find no sand, he was never provided with the clear crime scene photograph or the South African autopsy photographs by the AFP directly. The AFP officer present at my meeting on 19th December at my home claimed that the Melbourne pathologist could only work with the evidence available to him, yet it appeared that not all relevant material had been provided to the Melbourne pathologist at that time.

Just as alarmingly, the Australian Federal Police (AFP), who were present in my home during the 19th December 2017 meeting with the family and the Melbourne pathologist, had already been in possession of all of this critical photographic material evidence as far back as 2016. This included the “CLEAR” crime scene photograph, unequivocally showing Elly’s t-shirt completely destroyed and violently ripped apart, as well as the South African autopsy photographs, which documented graphic injuries, including visible abrasions, trauma to her mouth and lips, and significant swelling consistent with violence, including a large swollen lip.

Despite being present, there was no reference made during that meeting by the AFP about the existence or significance of this critical photographic material evidence.

Notably, three AFP officers were present in the room, and none referred to or disclosed this critical photographic material evidence. Accordingly, within that room comprising the family, the pathologist, the coroner’s assistant, and what I understand to have been three AFP officers, the AFP were the only parties aware of this critical photographic material evidence at that time. As a result, both the pathologist’s assessment and the coroner’s evaluation of the circumstances surrounding Elly’s death were conducted without the benefit of this material, which was entirely relevant to their medical and coronial assessments.

During this meeting, I specifically asked the pathologist about autopsy photographs. Our discussion covered both critical pieces of evidence: the blurred images of Elly’s body in situ and had he seen any previous autopsy photographs, to which he replied: “No I have not seen any autopsy photographs.” However, the AFP officers present were the only ones in the room fully aware of the existence of the crystal-clear crime scene photograph and the separate South African autopsy photographs showing all the marks and abrasions on Elly’s body. Despite this, no reference was made by the AFP to these images during the discussion.

Given the critical nature of this evidence, the AFP had a professional and procedural obligation to ensure that both the Melbourne pathologist and the coroner had access to it. The absence of this material from consideration represents a significant procedural issue, as it directly affected the pathologist’s assessment and the coroner’s evaluation of the circumstances surrounding Elly’s death.

It is a fact that the AFP were officially supporting the coronial investigation in 2016, a role they later confirmed in an official statement released years afterward. Given this formal involvement, the AFP’s failure to disclose the critical photographic material evidence directly to the Melbourne pathologist maybe regarded as a significant procedural deficiency.

Given that the AFP had been in possession of this critical photographic evidence since 2016, it is concerning that a Mutual Assistance Request (MAR), a formal legal request made between countries to obtain evidence, documents, or investigative assistance in criminal matters, was not submitted at that time. Such requests are a standard mechanism used in cross border investigations to compel cooperation, secure witness statements, obtain forensic material, and preserve critical evidence. The failure to initiate a MAR when the available material already indicated that Elly’s death was highly suspicious raises serious concerns about the handling of the investigation. This is particularly so given that the AFP were aware of evidence suggesting a struggle had taken place, including that Elly’s top had been completely ripped apart.

The meeting on 7th September 2017 was formally recorded with concent, the absence of any discussion regarding this critical photographic material evidence is verifiable. The real-time recording of the meeting confirms the accuracy of all the observations and facts detailed above, providing an objective record of what transpired. In circumstances where transparency and full disclosure were essential, the AFP’s lack of reference to this critical photographic material, both prior to and during this meeting with the family, the doctor, and the coroner’s assistant, represents a matter of serious concern in the context of the investigation.

The failure of the AFP to provide the Melbourne pathologist with all relevant evidence was not a minor oversight. It fundamentally compromised the integrity of the autopsy and the investigation. Critical findings that pointed toward “foul play” were not considered at the time, leaving the official report incomplete and potentially misleading. This lack of transparency denied the family a clear understanding of the circumstances surrounding Elly’s death and undermined the ability of the coronial process to properly assess the case. It is deeply troubling that the AFP, entrusted with investigating serious crimes overseas, could hold such vital evidence for well over a year without proper disclosure, while attending meetings where the pathologist and family were seeking clarity and justice.

This exclusion may have significantly influenced the early findings of the coronial investigation. Had this material been disclosed, it could have prompted the Melbourne pathologist and the Coroner to contact Dr. Klepp as early as 2016, particularly given that the AFP had been in possession of this relevant evidence at that time but failed to provide it to the Coroner and pathologist . The later discovery of these facts during my own investigation was deeply troubling, as it revealed major discrepancies in the handling of Elly’s case and raised serious concerns about the nature and extent of the support the AFP claimed to have provided to the Coroner in 2016 and 2017.

In 2019, as part of my ongoing investigation, three years after Elly’s suspicious death, I asked the Coroner’s assistant, Mr. King Taylor, who was acting on behalf of Coroner Bracken, whether any assessment had been conducted to determine if Elly had sustained fractures to her head. I raised this question after a retired Melbourne homicide detective, Mr. Charlie Bezzina, who was assisting me, asked the same question regarding Elly’s head.

As I examined the matter further, I discovered that the Melbourne autopsy report made no reference to any internal examination of Elly’s skull or head. It also contained no mention of the South African autopsy photographs, which clearly depicted bruising and abrasions to Elly’s face, particularly around her mouth and lips. The family did not receive or view these distressing photographs until late 2019, when the brief was finally provided. However, I had already viewed Elly’s body in South Africa in 2016 with my sister, and we were both shocked by the these horrible injuries to her face and the circumstances she must have endured.

When I raised the question with Mr. Taylor about whether any assessment had been conducted to identify internal injuries to Elly’s head, he advised that he would need to check with the pathologist. When he later returned, I was shocked to learn that “no internal examination of Elly’s head or skull had been undertaken”. Mr. Taylor further stated that a radiological scan could be performed, but only if I made a formal request.

I was astounded and deeply disappointed that no internal head or skull examination had been conducted, particularly given the highly suspicious circumstances surrounding Elly’s death. These circumstances included the presence of large and abundant amounts of sand identified across two autopsies; visible trauma and abrasions, including facial injuries to the cheek, mouth, nose, and lips documented in the South African autopsy photographs; and clear, unresolved contradictions between the conclusions reached by multiple pathologists.

On the 21st of November 2016, Dr. Klepp had formally raised these concerns in correspondence to the Department of Foreign Affairs and Trade. In that correspondence, she explicitly expressed her unease regarding Elly’s facial injuries, the sand in her airways, and the possibility of foul play. This correspondence was later forwarded to our family, as mentioned above and outlined below. Following my phone conversation with Dr. Klepp on 20th November 2016, she contacted the Australian Embassy in Pretoria the very next day, 21st November 2016. An email from DFAT was subsequently provided to the family on 22nd November 2016, only 12 days after Elly’s death regarding correspondence from Dr. Klepp. This is the email below sent by DFAT to the coroners court, AFP, and family previously mentioned above, which is stated word-for-word below:

"Dr. Klepp has spoken to the father, and he has given her permission to request that any information or documentation be provided 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."

At a meeting in South Africa with Dr. Klepp during my first trip in October 2018, I showed her the above email from DFAT, and she described the contents as “objective findings.” It is noteworthy that, at this time, Dr. Klepp “had only been given the Melbourne pathologist’s autopsy report”, which concluded the cause of death as undetermined, and had not yet received the Mozambique autopsy report, which concluded a violent death or homicide with an abundance of sand reportedly obstructing the airways.

During our phone conversation prior to this meeting, I had given Dr. Klepp permission to access all relevant documentation, which she had specifically requested, as confirmed in the DFAT email above. At our October 2018 meeting, Dr. Klepp asked to see the Mozambique autopsy report, and I provided it to her for the first time, two years after the autopsy had been conducted. Dr. Klepp was very pleased to find that the Mozambique autopsy report concurred with her own findings, particularly regarding the “packed sand totally obstucting the airways.” She did, however, note that “homicide is up to a judge to determine, accounting for all circumstances involving the facts of how the death occurred.

The AFP and the coroner’s court were fully aware of these suspicious facts and circumstances surrounding Elly’s death and Dr. Klepp’s involvement in 2016, as I have emails I sent to the court, AFP, and DFAT, along with a recorded and consented meeting with the Melbourne pathologist in September 2017. Dr. Klepp had conducted the second autopsy in South Africa and should have been interviewed for a statement by the AFP for the Victorian state coroner in 2016. This would have been a vital and straightforward procedure, particularly given the inconsistencies between the Melbourne pathologist’s cause of death as “undetermined” and the comprehensive conclusions from both the Mozambique and South African autopsies, which reported abundant sand completely obstructing Elly’s airways and violent death or homicide. These findings were later supported as factual evidence by Dr. Klepp and radiologist Dr. O’Donnell at the 2023 inquest.

Dr. Klepp had made herself readily available to discuss her findings in 2016, even including her direct contact details at the end of her autopsy report and specifying a timeframe for contact, explicitly inviting further discussion. Despite this, no one from the Australian authorities made any attempt to contact Dr. Klepp in 2016 or 2017. This is particularly concerning given that I had already obtained clear and reliable evidence from her and had brought it to the attention of the relevant authorities during that time. The failure to engage with Dr. Klepp meant that critical forensic evidence was effectively ignored. This was not only deeply frustrating, but also difficult to comprehend, as it involved the complete disregard of a highly qualified forensic pathologist who possessed vital evidence directly relevant to the circumstances of Elly’s death. Such inaction raises serious questions about the thoroughness and integrity of the investigative process during this period.

I personally conveyed this information to the Melbourne pathologist during a meeting in September 2017. Despite this, these critical issues were not addressed. By that time, the AFP and DFAT were already aware of Dr. Klepp’s concerns, as documented in the email sent to both the family and the AFP by DFAT, as mentioned above. The Australian authorities were not transparent when they should have been fully transparent with Dr. Klepp, particularly given that she held crucial answers regarding the circumstances of Elly’s death. This was a major failure.

By failing to properly engage with Dr. Klepp and disclose the relevant evidence, the authorities not only disregarded vital forensic findings, but also denied the Coroner a clear and accurate understanding of the highly suspicious circumstances surrounding Elly’s death. This failure directly influenced the direction of the coronial investigation, which was supported by the AFP, at a critical early stage when transparency and proper consideration of the evidence were absolutely vital.

For our family, these factual circumstances are wholly unacceptable, profoundly frustrating, and deeply distressing, as they represent a fundamental breakdown in securing key evidence at a time when it was vital to the investigation.

When the South African autopsy photographs were finally released to Elly’s family in late 2019, they were deeply confronting. The images showed extensive bruising and abrasions around Elly’s nose, mouth and lips, including a markedly swollen lower lip. When considered alongside the radiological findings, these photographs confirmed the early and serious concerns raised by Dr. Klepp and provided further compelling evidence consistent with the possibility of foul play.

Despite the clear forensic significance of this material, the Melbourne autopsy report did not incorporate or assess the South African autopsy photographs. It also excluded a crystal-clear photograph taken at approximately 5:00 a.m. on the morning of Elly’s death by a fisherman, clearly showing Elly’s body in situ with the top ripped apart. The exclusion of such critical visual evidence represents a serious issue in the evaluation of the circumstances surrounding Elly’s death.

Even more concerning, the official Melbourne autopsy report did not include any internal examination of Elly’s skull or head. The absence of such an examination is inconsistent with what would ordinarily be expected in circumstances involving visible facial injuries and suspected violence. These were not minor oversights. They were the absence of vital, foundational forensic steps, and their omission significantly affected the completeness of the investigation into the circumstances surrounding Elly’s death in 2016/17.

The radiology scan conducted in 2019 came as a complete shock to the family. It revealed highly significant findings, including high-density sand readings of 1,290 (HU) Hounsfield Units behind the posterior aspect of Elly’s nasal cavity and 947 (HU) Hounsfield Units within her trachea, densities consistent with cement and bone respectively. In addition, both lungs were shown to be completely filled with foreign material, identified as sand. This critical evidence was entirely absent from the Melbourne autopsy report, despite the fact that the radiology images were derived from a CT scan performed immediately prior to the Melbourne autopsy.

The extent and density of the sand obstruction would be difficult to explain by a simple accidental mechanism and strongly indicated the need for further investigation into the circumstances of Elly’s death. Although no skull fractures were identified, the scan revealed crucial internal evidence, densely packed sand fully compromising both lungs that had never previously been assessed, documented, or explained. This situation persisted for more than three years after Elly’s death and was wholly unacceptable to the family.

At a meeting in September 2017, the Melbourne pathologist stated that he did not find any sand in the lungs. However, the 2019 radiology report, together with the radiologist’s sworn evidence at the 2023 inquest, unequivocally confirmed that both lungs were completely “filled” with sand at the time of the Melbourne autopsy. This directly contradicted the original findings and provided a very strong indication of the cause of death in 2016/17.

The radiological evidence therefore directly contradicted the Melbourne pathologist’s report, demonstrating that his original conclusions were not consistent with the later radiological findings. The 2019 findings showed that both lungs were completely filled with sand, results entirely consistent with the South African and Mozambique autopsies. Those autopsies explicitly confirmed, using the wording of the Mozambique report, an “ABUNDANCE” of sand within the airways, fully compromising Elly’s respiratory system and causing her death.

Despite these clear and material contradictions, the Melbourne pathologist was tasked under the Coroner’s investigation with reviewing the 2019 radiology findings by way of a supplementary report. In that report, he stated that he could not “Quantify” the sand present in the airways. This position created an apparent inconsistency, given that the radiologist had already recorded density levels of 1,290HU and 947HU (Hounsfield Unit of measurement), equivalent to bone density and therefore clearly measurable. At the inquest in 2023, during my oral submissions on 11th December, I fully explained these high-density levels to the Coroner, Mr. Cain, demonstrating that they were equivalent to cement and bone density, and presented certified supporting medical graphs to illustrate and explain the high density (Hounsfield unit of measurement).

At the time of the 2019 investigation, the radiologist was not asked by the Coroner to formally report on or interpret his own radiology scan imagery, despite possessing the specialist expertise to do so. Later, to the astonishment of myself and my legal team at the 2023 inquest, the radiologist was initially not called as a relevant witness. Following strong protest by the family and my legal team, the Coroner, Mr Cain, reversed this decision.

When the radiologist did give evidence, it was compelling and decisive. He explained that the high-density levels measured on the imaging were equivalent to bone density and confirmed that both lung trees were filled with sand, fully obstructing the airways. This evidence independently corroborated Dr. Klepp’s testimony that the airways were “chock-a-block” with sand, and confirmed that accurate quantification of the material was not only possible but clearly demonstrable.

The same Melbourne pathologist had already concluded in 2016 that the cause of death was “undetermined.” Yet his autopsy report, submitted to the Coroner and reviewed by the family in August 2017, made no mention of sand in the lungs. Crucially, it recorded “NO” sand in the lung trees or bronchiolar trees leading into the alveoli, referring only to a small residue of sand in the trachea and bronchi.

The trachea and bronchi are airways, not the lungs themselves. They are the first passages that carry air into the lungs, which consist of bronchiolar branches and alveoli. The bronchioles form the branching network within the lungs, and the alveoli are the tiny sacs where oxygen and carbon dioxide are exchanged.

In Elly’s case, radiological evidence from 2019, confirmed at the 2023 inquest, showed that both lungs were completely filled with sand, extending down to the lower lung regions. Dr. Klepp described the airways as “packed chockablock with sand.” Obstruction at this level completely blocks airflow, preventing oxygen from reaching the bloodstream, and would inevitably cause rapid respiratory failure. The pressure and force required for sand to reach the lower bronchioles and alveoli would generally be considered inconsistent with a simple accidental inhalation. Earlier autopsy findings in Melbourne (2017) failed to detect sand in the lungs, a conclusion directly contradicted by the radiological report and sworn expert testimony at the inquest by Dr Klepp in 2023.

These findings are highly significant in the context of a suspicious death.

This evidence underscores the critical importance of a radiology scan in 2016, particularly in light of the very high-density areas recorded at the back of the nose and in the trachea. Such imaging could have immediately established the cause of death and potentially redirected the Coroner’s investigation in 2016/17. The gravity of this failure is further reinforced by the fact that the Melbourne pathologist already had access to both the South African and Mozambique autopsy reports, which clearly documented large quantities of sand obstructing Elly’s airways well before his official findings were presented to the Coroner in 2017. This represents a significant missed opportunity to accurately determine the cause of death at an earlier stage.

The Melbourne pathologist’s later inability to quantify sand that was clearly visible on radiological imaging, despite density measurements equivalent to bone density, directly contradicted both the radiological evidence and the findings of two independent autopsies. This raises serious questions regarding the consistency of the conclusions reached and the coronial investigation as a whole. Compounding this issue, the radiologist who performed the original scan, a specialist in forensic radiology from the Victorian Institute of Forensic Medicine, was not asked in 2019 to formally report on or interpret his own findings. This was despite his specialist expertise and the fact that his original report clearly recorded extremely high-density measurements of 1,290 and 947 Hounsfield Units, demonstrating a substantial volume of tightly packed material in the airways consistent with sand.

This situation underscores both the failure to properly utilise expert radiological evidence at the relevant time and the potential conflict in requiring the same pathologist to review findings that differed from his earlier conclusions. As a result, critical questions regarding the cause of death remained unresolved until the 2023 inquest.

Compounding these investigative failures, critical trace evidence was neither preserved nor tested. This included a sand sample that was never taken from Elly’s body for comparison with sand collected from the scene by the AFP/SLO in Tofo. The radiology report demonstrates that there was sufficient sand present at the time of the Melbourne autopsy for a proper forensic sample to have been taken and analysed. At a meeting on 18th November 2016, the Mozambique inspector informed the AFP/SLO that they suspected the body had been moved post-mortem.

It also included a ladies’ sanitary item that Dr. Klepp removed from Elly’s body and placed in a plastic bag for repatriation to Melbourne. Despite my formal written request to Coroner Bracken on 10th September 2019 regarding this missing trace evidence, the material has never been located or subjected to DNA analysis. In his supplementary report, the Melbourne pathologist stated that he “I may have missed it.” This vital trace evidence was never recovered.

During the inquest, the Melbourne pathologist stated that “someone can be sexually assaulted and show no signs,” a statement that highlights the importance of preserving and testing such evidence in cases involving suspicious circumstances.

I subsequently sought independent expert advice from another pathologist, Dr. Byron Collins, who confirmed that, given the circumstances of Elly’s death, the handling of both the radiological evidence and the trace material raised serious concerns and appeared inconsistent with accepted forensic practices, including the need for DNA testing.

Taken together, the full picture of these systemic failures exposes a deeply alarming pattern, showing how the colonial investigation appears to have broken down in several key areas and failed to uphold the integrity of the process.

When the coronial inquest was finally held in 2023, Elly’s cause of death was formally amended to “aspiration of a large amount of sand completely blocking her airways.” This finding was based on sworn compelling evidence from Dr. Klepp and the radiologist.

Dr. Klepp, the South African pathologist who examined Elly’s body, had raised early and specific concerns. She identified injuries, sand packed in Elly’s airways, and signs pointing to possible foul play. Despite the seriousness of these warnings, they were not fully acted upon at the time, and no comprehensive investigation appears to have been undertaken in response to those concerns.

Finally, the Melbourne autopsy did not include an internal examination of Elly’s head or skull, leaving potentially significant injuries unexamined. Taken together, these were not minor oversights. They were serious systemic deficiencies that prevented a full and proper investigation into the circumstances of my daughter’s death, Elly Rose.

Despite all these failures, Elly’s cause of death remained officially undetermined for years, leaving her family in prolonged uncertainty and distress. The 2023 inquest ultimately confirmed that her airways were completely blocked and her lungs were filled with sand, which I was factual aware of in 2016 causing Elly’s death by her aspiration a large amount of sand as I was directly told this by Dr Klepp. This finding however, was only officially confirmed only after years of investigative delays and unresolved inconsistencies, a situation that Elly’s family finds deeply distressing and concerning.

When considered alongside earlier issues, including the concerns raised by Dr. Klepp, the non-disclosure or delayed disclosure of autopsy and crime scene photographs, the loss of trace evidence, the contradictory autopsy findings, and the extended delay in establishing the cause of death, these matters collectively indicate that Elly’s case is not an isolated example of investigative difficulty. Instead, they raise broader concerns regarding systemic processes within the investigative and coronial framework.

They also raise important and confronting questions: where does this leave other families facing similar circumstances? How many others may be affected where critical evidence is not identified, preserved, or fully assessed? Taken together, Elly’s case highlights the serious consequences that can arise when investigative processes do not function as intended, and underscores the need for accountability, review, and, where necessary, reform.

“This assessment represents the initial stage of my investigation into my daughter’s murder. It is not merely the perspective of a grieving father; it is a professional systems evaluation, grounded in a methodical, evidence-based approach, leveraging my expertise as an industrial engineer to critically examine processes, procedures, and systemic failures, using all verified facts I have documented.

Moving Beyond Initial Investigation Stage

DFAT received an official Mozambique police report on 6 April 2017, which stated that Elly had died from a drug “overdose.” DFAT then directly informed the Mozambique police who had sent this initial report of their own autopsy findings, which concluded that Elly’s death was a violent death homicide. Four days later, a revised police report was sent to DFAT, which was subsequently passed on to the AFP, the Coroner, and the family on 10 April 2017, now correctly stating that the death was a homicide!!!

I was furious about these conflicting reports and contacted the Australian High Commissioner directly at the embassy in Pretoria. This prompted a visit from the High Commissioner to meet with Mozambique officials in Maputo in May 2017 to explain the circumstances surrounding the two police reports. What outraged me even more at the time was the realisation that the AFP had misinformed the family!!! giving the impression that the Mozambique police were conducting a proper investigation at this early stage!!!

It was at this point, after the release of these two contradictory police reports, that I knew I could not rely on even our own Australian authorities!!! From April 2017 onward, I felt compelled to take my daughter’s investigation into my own hands, trusting no one!!!

There was “comprehensive toxicology screening” completed by both Australia and South Africa all returned a “NEGATIVE” result.

The official revised Mozambique police report, dated 10th April 2017 and issued by SERNIC, was provided to the AFP by DFAT, as documented in the AFP Action Sheet on page 13. The report clearly confirms that Elly’s death was being treated as a homicide by the top Mozambique criminal authorities, SERNIC. Notably, it excludes any reference to a “CLEAR PHOTO” or her “RIPPED APART TOP.” In April 2017, this official SERNIC report formally confirmed to the AFP that Elly’s death was being officially investigated as a crime homicide!!!

Despite this, the AFP did not disclose this critical evidence to the Coroner. This makes it particularly important to understand the circumstances surrounding the existence of two versions of the same crime scene photograph, explained fully below: one entirely blurred, showing only the outline of a body, and the other crystal clear, revealing all critical evidence, including the ripped-apart top. Recognizing this discrepancy is essential to fully appreciate the significance of the evidence later in this account of circumstances!!!

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 to clarify, The Honorary consul in Tofo sent the “blurred” photo to the Australia embassy in Pretoria. Later after leaving Tofo returning home he received the “clear” version from the fisherman by email, also sending this clear version to the Australian embassy in Pretoria. These facts become crucial, very important later with the statements from the AFP/SLO and Honorary Consul to the coroner and evidence given by the Honorary Consul at the inquest. These circumstances are a very “crucial factor” at the inquest which is all explained further in this account of circumstances!!!

As the AFP did not disclose this critical evidence proving further that it was a “CRIME” to the coroner!! it then becomes “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 this account of circumstances!!!

I must also clarify the AFP “Action Sheet” at this point in the account of circumstances, as its contents are extremely important and I frequently reference it. Essentially, it documents the chronological sequence of key events, including dates and detailed correspondence, from the time of Elly’s death and for a period of two years afterward. The Action Sheet records factual material and was maintained under the responsibility of the very “experienced” AFP/SLO “Superintendent” stationed at the Australian Embassy in Pretoria, South Africa!!!

HOWEVER, SOME OF THE FACTS IN THE AFP ACTION SHEET ARE MISGUIDING AND DEMONSTRATE!!!

Aspects of the AFP Action Sheet are profoundly misleading in their description and presentation of material facts. A clear and critical example appears on pages 12–13 of the Action Sheet, specifically page 13 dated 10th April 2017. On that date, DFAT sent to the AFP Senior Liaison Officer (AFP/SLO), who was stationed at the Australian Embassy in Pretoria, an official revised SERNIC Mozambique police report concerning Elly’s case file number 775/2016. That report explicitly classified Elly as a victim of homicide. It was summary of their circumstances of her death, statements from local witnesses, the location and condition of the crime scene, early investigative findings, and the fact that criminal proceedings were formally underway before the Director of SERNIC in Mozambique. The AFP Action Sheet records aspects of this report, confirming that the AFP had full knowledge that Mozambique authorities had formally classified Elly’s death as a homicide with their “REVISED SERNIC Mozambique police report” on the “10th APRIL 2017”!!!

Despite the clarity, authority, and specificity of the document, the AFP Action Sheet describes it merely as a “MOZANBIQUE DOCUMENT” and records the cause of death simply as “SUFFOCATION” The opening paragraph, which explicitly states that Elly was a homicide victim, is entirely excluded!!! By isolating the autopsy findings while excluding the formal homicide classification, the AFP created an internal record that selectively reflected the content of the document, obscuring the most significant fact: that Elly’s death was officially considered a criminal matter of homicide by Mozambique authorities!!! This selective recording materially underrepresented the severity and criminal nature of Elly’s death in AFP internal documentation!!!

This misrepresentation was compounded during the coronial inquest. On 11th December 2023, AFP counsel, relying on the wording of the Action Sheet, suggested that I was “incorrect” in describing the document as an official revised Mozambique police report, instead characterising it as “merely an autopsy report authored by a doctor.” This misleading characterisation was echoed in Commander Smith’s evidence and other AFP submissions. It presented a distorted account to the Coroner that implied Mozambique authorities had not formally classified Elly’s death as a homicide and that no official police channel was involved, despite clear contemporaneous evidence to the contrary!!!

The AFP has consistently asserted that Mozambique authorities did not classify Elly’s death as a crime or homicide prior to May 2023. This assertion formed the foundation of the AFP’s position that, during 2016–2017, there was no obligation to initiate a formal Mutual Assistance request or otherwise provide official investigative support to Mozambique regarding Elly’s case. This position was repeatedly advanced in written submissions by the AFP Commissioner, in sworn evidence given by Commander Smith, and by AFP counsel during the coronial inquest. It formed the basis of the AFP’s defence of inaction during the critical early stages of the investigation into Elly’s death, effectively providing the official rationale for why no proactive investigative measures were taken by Australian authorities at a time when they were aware that Mozambique authorities did not have the proper resources to conduct a thorough homicide investigation!!!

In reality, the AFP possessed clear and irrefutable evidence that Mozambique authorities had formally classified Elly’s death as a homicide in the very first paragraph of the revised SERNIC police report, years earlier. Sent to the AFP/SLO on 10th April 2017, the report explicitly identified Elly as a homicide victim and provided contextual details which included certain circumstances of her death, witness accounts, the location and conditions of the crime scene, the results of the autopsy, and a summary of some early investigative actions undertaken by the Inhambane Police Investigation Criminal (PIC) Headquarters. While some specifics were general, the report unequivocally demonstrated that Mozambique authorities were actively treating Elly’s death as a serious criminal matter, directly contradicting the narrative later presented by the AFP and entirely undermining their justification for inaction!!!

A further, more comprehensive SERNIC Mozambique police report, dated 11th August 2020, authored and formally approved by Domingos Francisco Jofane, “DIRECTOR GENERAL” of SERNIC, reaffirmed Elly’s classification as a homicide victim!!! As the senior authority responsible for criminal investigations in Mozambique, Jofane’s authorship and institutional approval reflected a definitive police determination, not a provisional, medical, or informal opinion. Both the April 2017 and August 2020 reports were sent through formal police channels to the AFP and DFAT and were in the AFP’s possession years before 2023!!!

The AFP Action Sheet, dated 10th April 2017, which references the revised Mozambique police report, fails to reflect the formal homicide classification. Page 13 of the Action Sheet references aspects of the police and autopsy material but explicitly excludes the homicide designation. Elly’s autopsy report, which clearly concluded that she had died a violent death consistent with homicide, had been obtained by the AFP/SLO directly from Inspector Cudzi on or before 2nd February 2017. Despite having this critical autopsy information months in advance, the Action Sheet contains no record of the autopsy’s conclusion!!!

The autopsy report was only provided to Elly’s family nearly a year later, following my direct questioning of the Coroner in court about the withholding of the official autopsy report. I explicitly asked, “On what legal ground are you withholding the autopsy from the family?” Within three days of this inquiry, the court produced the Mozambique autopsy report, accompanied by strict court orders regarding its handling, finally confirming what had been known to the AFP officially since February 2017!!! In fact, the AFP had knowledge even earlier, as I was informed of the autopsy’s conclusions at a meeting on 19th December 2016!!!

Inspector Cudzi, stationed at Inhambane PIC, was the operational chief overseeing Elly’s investigation and acted as the primary liaison between Mozambique authorities and the AFP from 2016/19!!!

The AFP’s awareness of the homicide conclusion predates even February 2017. On 19th December 2016, two AFP/FILO officers visited my home and verbally informed me that the Mozambique autopsy had determined that Elly’s death was violent and that the matter was being treated as a homicide!!! This occurred within weeks of Elly’s death and months before the April 2017 revised SERNIC report, demonstrating that the AFP had early, direct knowledge of the homicide classification!!! Despite this knowledge, the AFP did not update internal records to reflect the official status of Elly’s case and relied instead on selective documentation that materially misrepresented the facts!!!

During the coronial inquest, AFP counsel claimed that the document referenced on page 13 of the Action Sheet was “merely an autopsy report authored by a doctor” and not an official police report sent through formal channels!!! Counsel further asserted that Mozambique authorities had not formally classified Elly’s death as a homicide until Commander Smith’s visit in May 2023!!! This assertion is demonstrably false!!! The 10th April 2017 revised Mozambique SERNIC report explicitly classified Elly’s death as a homicide, and the August 2020 comprehensive SERNIC report reaffirmed that classification at the highest criminal level!!! Both reports were in the AFP’s possession well before 2023 and were included in the coronial evidence brief!!! Commander Smith’s visit in May 2023 did not result in a new determination; it merely “reaffirmed” a position that had already been formally recorded in official police documents!!!

The inquest transcript, pages 284–285, captures AFP counsel’s misleading statements:-

“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, a 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-authority statement of homicide was made.”

This excerpt illustrates AFP counsel’s mischaracterisation, creating the materially misleading impression that no homicide classification existed prior to May 2023!!! In reality, Elly’s February 2017 autopsy report, the April 2017 revised SERNIC report, and the August 2020 comprehensive SERNIC report from their top SERNIC authority, their “DIRECTOR GENERAL,” collectively demonstrate that Mozambique authorities had formally classified Elly’s death as a homicide years before the AFP claimed otherwise!!!

The AFP’s failure to accurately record, disclose, or act upon the revised Mozambique reports, the autopsy, and early verbal notifications directly contributed to years of avoidable confusion, misdirection, and delay!!! Families, including mine, were left with incomplete information and denied the truth about Elly’s death!!!

This pattern of selective documentation and misleading reporting was not an isolated lapse. It reflects systemic weaknesses in information handling, transparency, and accountability within the AFP when coordinating with foreign authorities, particularly in cases requiring cross-border investigative cooperation!!! The official record, as maintained in the Action Sheet, systematically underrepresented the severity, nature, and criminal classification of Elly’s death, creating a materially distorted account for the coroner’s review and for family understanding!!!

The implications of these omissions and selective recordings are profound. They not only misrepresented Mozambique’s official determination, but they also obscured the AFP’s early knowledge and responsibilities regarding Elly’s case!!! In practical terms, the failure to properly reflect and communicate key facts prevented timely investigative measures and deprived the family of truth, clarity, and closure for years!!!

The cumulative effect of these actions, or lack thereof, highlights an urgent need for independent oversight, transparency, and reform in how cross-border investigations and communications are documented and presented to affected families!!! This is particularly critical when dealing with cases involving suspected homicide, as any mischaracterisation can have lasting impacts on justice, public confidence, and the integrity of investigative institutions!!!

As a result, the coroner was deprived of the clearest and most reliable visual evidence in 2016/18, raising serious concerns about transparency, disclosure, and the integrity of the colonial investigative process at the time, with the AFP providing assistance. This is fully explained further in this account of circumstances!!

Another very interesting factor here and I need to mention this here as earlier on in this account of circumstances 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 by email the AFP/SLO does 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 as the “BLURRED” photograph entered in his statement “only” and again around 14 days later to the Mozambique chief inspector on the 8th December as the “CLEAR VERSION” of the same photograph from the fisherman not entered in his official statement!!! 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 “official statement” to the coroner he has stated only again that it’s 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 the AFP/SLO only acquired at this time as this blurred photograph was only ever entered officially into his statement and evidence brief in 2016/17 by the AFP/SLO!!!

The AFP/SLO in his statement has also excluded 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 to 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 facts prove that this critical factual information is excluded from the AFP/SLO’s official statement to the coroner proving this critical evidence was never submitted or reported on to the coroner in 2016/18!!!

The other official Mozambique SERNIC police report previously mentioned above explicitly states that Ms Warren is a victim of homicide!!! This determination, made by the Director-General of Mozambique SERNIC criminal police, was formally provided to the AFP and DFAT in August 2020!!! This report makes no reference to the “ripped-apart top” or the “clear crime scene photograph” taken by a local fisherman!!! This exclusion is significant, given that this SERNIC report is more detailed and comprehensive!!! The Chief Inspector CUDZI, who compiled and submitted this report, had been provided the clear photograph in 2016 by the AFP/SLO and again in 2018 by myself!!! The exclusion of this evidence from such a critical report raises some very serious questions!!!

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 DIRECTOR GENERAL”!!! Therefore the Chief Inspector did not need to explain the “ripped apart top” in his detailed report sent to the AFP and DFAT from his superiors on the 11th 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 account of circumstances!!! 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 reiterate the AFP/SLO had never entered this “clear version” into his official statement without 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!!! An official Australian Government Solicitors (AGS) letter clearly states that the only photograph entered and submitted by the AFP/SLO was the blurred image referenced in the AFP/SLO statement dated 13th November 2016!!! It further confirms that this blurred photograph was obtained from the Honorary Consul and was the version formally relied upon and submitted as part of the AFP/SLO’s statement for the coronial investigation!!!

This was later comprehensively proven by a letter provided to the Coroner, Mr Cain, on 16 June 2023 by the Australian Government Solicitor (AGS)!!! The letter clearly states that the only photograph entered and submitted by the AFP/SLO was the blurred image referenced in the AFP/SLO statement dated 13 November 2016, confirming that this blurred photograph was obtained from the Honorary Consul and was the version formally relied upon and submitted as part of the AFP/SLO’s statement for the coronial investigation!!!

However, there is no reference whatsoever in the AFP/SLO statement to receiving the clear photograph from the Department of Foreign Affairs and Trade (DFAT), nor to forwarding that clear photograph to the Chief Inspector!!! This omission constitutes a complete and unacceptable non-disclosure of critical evidence at a time when full transparency was essential!!! The clear photograph unmistakably shows Elly’s top ripped apart, compelling physical evidence that a violent struggle had taken place!!! Suppressing or failing to disclose such evidence at this critical stage fundamentally compromised the integrity of the investigation and is totally unacceptable!!!

This unequivocally demonstrates that the clear photograph was not disclosed, entered, or submitted, despite its known existence by the AFP!!!

This is also very important to factually “confirmed” with the factual transcripts and documents with “official documentation” in Mr Cain’s findings at (No 145), which is mentioned in this summary further 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!!! 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 evidence proves above with the official documents that the AFP/SLO had failed to pass on the clear photograph or report on the clear version to the Victorian state coroner in 2016/18!!!

All of the above factual evidence, supported by official records entered into the coronial brief, is critically important because it demonstrates the AFP Superintendent Senior Liaison Officer’s prior “knowledge and awareness of the clear photograph”!!! And, given his professional experience, his recognition and understanding of the highly suspicious circumstances that were clearly and unmistakably visible in that image, including Elly’s top being ripped apart, which is clearly physical evidence of a violent struggle!!!

It was solely the AFP’s responsibility to ensure that any serious crime scene evidence obtained overseas and falling into their possession was properly disclosed!!! Despite assisting the Victorian Coroner’s investigation, this critical evidence was excluded in 2016!!! The clear photograph was of immense significance, showing a half-naked body with the top completely destroyed and ripped apart, along with other crucial details it revealed!!! “THIS VITAL EVIDENCE WARRANTED THE AFP’s FULL RESPECT”!!! Given the highly suspicious circumstances surrounding the death of an Australian overseas, a full report of this evidence should have been formally provided to the Coroner in 2016 by the AFP!!! The AFP’s responsibilities in this regard are explained further below under the heading “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!!! I again passed it onto the same Chief Inspector CUDZI at this time in October 2018!!! I am sure there were some “VERY CONCERNED” 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!!! 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 Coroner’s 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 brief, who was another AFP officer assigned to the family in Australia (Kylie), she clearly states a “BLURRED PHOTOGRAPH” entered into her summary in the official coroner’s evidence brief!!! There is no mention of the “CLEAR” photograph, “excluding” this critical evidence from the summary in the brief and from disclosure!!! However, official records clearly prove that the AFP were given the clear photograph in 2016!!!

This supports the evidence and confirms that the clear crime scene photograph was “NEVER SUBMITTED” into evidence or included in the coronial brief by the AFP!!! Instead, only a “BLURRED” photograph was provided by the AFP/SLO Superintendent and included in his official statement to the Coroner dated 17 October 2017, while he was stationed at the Australian Embassy in Pretoria!!! There is also an “ABUNDANCE OF OFFICIAL DOCUMENTATION”, as previously mentioned, that clarifies and corroborates these circumstances!!!

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 within her official Brief, Summary of Circumstances for the Coroner!!! The family and the Coroner have also never “SEEN” this critical evidence of the Mozambique prosecutor’s report, and it has never been entered into the coronial brief as evidence by the AFP!!! However, it clearly states in the AFP/FILO’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 critical “Grey Area” concerning the clear photograph, which I will now explain, as the AFP has consistently refused to accept responsibility for the issues outlined below!!!

First, I need to explain that 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 assistant to Mr Bracken, this after receiving the official letter from DFAT’s Claire McComish on the 22nd March 2019, stating DFAT had not only given the clear photo to the AFP/SLO in South Africa 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 would 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 in 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 the pathologist 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 consent,” and with three AFP officers in attendance, but not “ONE WORD” about a clear photo or South African autopsy photos was said by the AFP 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!!!

This is the “Grey Area” regarding the clear photograph!!! It is not DFAT’s responsibility to report or disclose serious crime scene evidence!!! That responsibility rests solely with the AFP!!! However, as previously stated and established by the facts, the AFP <u>appears to have incorrectly failed to classify Elly’s death as a crime at that time, which may have contributed to a lack of formal accountability!!! Despite this, the clear photograph clearly depicts highly suspicious circumstances involving a deceased Australian citizen, with a partially naked body and a top that had been ripped apart!!!

The Australian Federal Police (AFP) is Australia’s governing law enforcement authority for suspicious deaths and criminal matters involving Australians overseas!!! Accordingly, the AFP has primary responsibility for the handling, assessment, and disclosure of any critical or suspicious crime scene evidence in its possession, regardless of how the death was initially classified!!!

In this case, the AFP/SLO Superintendent failed to disclose the clear crime scene photograph in his official statement!!! As a result, the Coroner was provided only with a “blurred” version of the fisherman’s photograph!!! At the relevant time, the AFP was formally supporting the Coroner’s investigation and was therefore the key Australian authority responsible for properly reporting, assessing, and disclosing this highly suspicious and material photographic evidence to the Coroner in 2016!!!

The AFP is the primary Australian agency accountable for serious and suspicious crime scene evidence relating to Australians who die overseas, particularly where the death occurs in circumstances that are highly suspicious!!! This is also why DFAT could not provide this critical crime scene evidence directly to the Mozambique police. That responsibility rested with the AFP!!! DFAT provided the clear photograph to the AFP/SLO, who then passed this vital evidence on to the Mozambique Chief Inspector in 2016!!!

The AFP/SLO Superintendent therefore had a clear professional obligation in this matter!!! Having directly obtained the clear photograph from DFAT, he was obliged to pass it to the Mozambique Chief Inspector on 8th December 2016!!! This sequence was not disclosed in his official statement; instead, his possession of the clear photograph is only indirectly referenced in his action sheet, which notes that he passed it on to the Chief Inspector on that date!!! However, this sequence is directly documented in official records, which establish the chain of evidence and precisely how the AFP/SLO, while stationed in South Africa, came into possession of the clear photograph from DFAT!!!

Establishing a clear and unbroken chain of evidence for critical trace evidence material is essential to the integrity of the court process!!! I became fully aware of the importance of this requirement only later, during the inquest!!! Its significance became particularly evident when evidence that I believe was inaccurate was given by the Australian Honorary Consul, a matter explained in detail later in this account of circumstances!!!

Establishing a clear and unbroken chain of evidence for critical trace evidence material is essential to the integrity of the court process!!! I became fully aware of the importance of this requirement only later, during the inquest!!! Its significance became particularly evident when evidence that I believe was misleading or incomplete was given by the Australian Honorary Consul, a matter explained in detail later in this account of circumstances!!!

The same issue concerning how the clear photograph came into DFAT’s possession caused significant difficulties for my legal team and me at the inquest, particularly in relation to the Honorary Consul’s testimony!!! His evidence appeared to be factually incorrect, as it failed to disclose that he obtained the clear photograph after leaving Tofo, and that he subsequently forwarded this clear version to the Australian Embassy in Pretoria!!! These matters are addressed in detail and supported by documentation later in this account of circumstances!!!

This selective disclosure by the AFP/SLO appears to have materially limited the Coroner’s ability to assess evidence indicative of struggle or violence and raises serious concerns regarding completeness, candour, and transparency!!! Consequently, this critical evidence, which clearly exposes Elly’s T-shirt as ripped apart, was never reported to the Coroner during 2016–2018 by either the AFP or the AFP/SLO!!! This failure occurred despite the AFP’s own official statements confirming that it was actively “supporting” the Coroner’s investigation during this critical period!!!

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 set up with a model!!! It is not going to be 100% accurate, but it is a very close representation of 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!!!

After reviewing the reenactment photographs below, the question is unavoidable: was this clear crime scene photograph sufficiently serious to constitute suspicious crime scene evidence requiring formal classification and reporting by the AFP to the Coroner in 2016!!!? The facts indicate that the AFP was provided with the clear photograph by DFAT on 24–25 November 2016!!! This clear version shows a deceased Australian female citizen lying face down near a toilet block in dirty surroundings, partially unclothed with her buttocks exposed, and with her top destroyed, having been ripped apart!!! These circumstances are highly suspicious and may be consistent with potential criminal involvement!!! At the time, the Victorian State Coroner was formally in charge of the Elly Warren matter, with an active and ongoing investigation into her suspicious death overseas which the AFP were supporting!!!

As Australia’s governing law-enforcement authority for suspicious deaths occurring overseas, the AFP was therefore “ACCOUNTABLE” for properly classifying this photographic evidence, which depicts critical and suspicious crime scene aspects, and for formally reporting and submitting this evidence to the Coroner in 2016!! On any objective assessment, this clear photograph meets, and indeed exceeds, the standard for serious and suspicious crime scene evidence, demanding the full attention and respect it deserves, thereby fully engaging the AFP’s responsibility and accountability in its role supporting the Coroner’s investigation!!

In an official statement, the AFP clearly stated that they were supporting the Victorian Coroner with the investigation into Ms Warren’s death in 2016!! The AFP traveled to Tofo, had boots on the ground, attended the crime scene, and also collected a sand trace evidence sample!! However, this sample was not entered into evidence and was excluded from the AFP/SLO’s statement submitted to the coronial brief!! The critical purpose of this sand sample was to potentially match it with sand found inside and on Elly’s body!! Disastrously, no sand sample was taken from Elly’s body, as the Melbourne pathologist reported finding no sand whatsoever when meeting with the family in September 2017!! This is despite ample sand being present in Elly’s airways and lungs, as confirmed by the radiology report prior to the Melbourne autopsy conducted on 22nd November 2016!!

At a meeting in November 2016, Mozambique Inspector Cudzi informed the AFP/SLO that they suspected Elly’s body had been moved post mortem to the toilet block location, a fact later confirmed in the AFP/SLO’s evidence at the inquest, highlighting the critical importance of a sand sample having been taken from Elly’s body!!! The AFP/SLO and DFAT also took crime scene photographs and detailed notes from several key meetings in November 2016, all documented in the AFP action sheet and forming part of the factual records in the coronial brief!!

What was also deeply disturbing for the family was that the AFP only informed the court and the family of their vital AFP action sheet in 2020/21, four years after Elly’s death!! This disclosure occurred only because Mr Bracken, the Coroner at the time, specifically asked whether any early documentation existed on the matter during these hearings!! This left the AFP with no choice but to reveal their action sheet at the hearings in December 2020 and February 2021!! Had Mr Bracken not asked, it appears unlikely that the AFP would ever have provided this very important action sheet to the family or the Coroner, once again failing to disclose early and vital evidence!! From their perspective, the AFP are unlikely to acknowledge this exclusion!!

The above is a clear example of the AFP doing only what they are required to do when asked by the court!! Unless prompted directly, they generally provide only what they consider necessary, rather than disclosing the full picture!! They do not proactively provide all critical evidence or correspondence they are aware of, effectively keeping the family and the court in the dark!! These facts are well documented in the court transcripts, providing solid proof of their selective disclosure!!

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 extensively damaged is not mentioned in “any police reports or medical reports from either country ” to this very day not, even in the coroner’s, Mr Cain’s conclusion to his findings!!

When considered alongside the documentary evidence set out later in this summary this photo reveals contradictions and exclusions that are consistent with a local Mozambique police cover-up of the crime scene!!!

The other question that arises is whether the AFP were aware of this suspected Mozambique cover-up in 2016–2017, and whether this may be the real reason the AFP and later the Coroner, in the conclusions within his findings at the 2023 inquest did not further emphasise, disclose, or report this critical piece of evidence: the destroyed, ripped-apart T-shirt. Later in this account of the circumstances, this clear photograph, showing the destroyed, ripped-apart top, exposes the actions of the Mozambique police beyond Doubt!!!

Below is a small photo showing the standing position compared to the laying position in the reenactment crime scene photo above. I asked the model to stand, and this view shows what the “ripped-apart t-shirt” looked like in a standing position!!

Mr Charlie Bezzina has told the family that this photograph, in its clear form, is highly suspicious and represents critical, factual homicide crime scene evidence, as it “ TELLS THE TRUTH ” This crystal-clear image 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 situation clearly borders on deception by the authorities of both countries involved.

In my view the solid facts outlined above reveal a troubling pattern of repeated contradictions and omissions that I can only describe as cover up after cover up, sadly for Elly and Elly’s family is only the “tip” of the iceberg!!!

Mutual Assistance request

It must be firmly noted here: the classification by 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. This clearly applies in Elly’s case, as evidenced by the two “official” Mozambique (SERNIC) police reports in 2017 and 2020, issued by Mozambique’s top criminal authority, which is also supported by their autopsy report’s conclusion of violent death/homicide in 2016!!

However, the AFP has still 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 directly stated that the only “official process they will accept is the official MAR,” confirming how much the Mozambican government “respects this official process between our two countries”!!

It must also be “noted” in the AFP submissions 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, during the 2021 hearing, to order the AFP to send the official assistance request. However, the family later discovered that the AFP had still not sent the official Mutual Assistance Request (MAR), and had only sent a “PERSONNEL LETTER,” which held no official weight whatsoever!!! If I had not asked the Coroner, Mr Bracken, to review the request, the family would never have known that only a letter had been sent and that the official MAR had not been submitted. Once again, we were kept in the DARK!!

The Australian authorities had never sent the official MAR to the Mozambique Attorney-General, despite a “crime” being formally confirmed by Mozambique’s top criminal authority, SERNIC, in their two official police reports. These reports should have prompted the AFP to make a formal offer of assistance from the Australian Attorney-General and authorities to support the investigation into our daughter’s murder. Had the official MAR been sent at this critical time, there was a possibility that the Mozambican authorities would have agreed to cooperate, yet the AFP failed to take this essential step.

At the 11th December 2023 inquest, the Coroner, Mr Cain, speculated during my oral submissions that even if a MAR had been sent in 2016/17, it most likely would have been rejected and made no difference, based on AFP evidence that they had made numerous requests for information and offers of assistance without response. However, any letter or verbal request is completely unacceptable given the “serious nature” of the circumstances. The family has never seen any other unofficial request in writing to the Mozambique Government or their authorities from the AFP offering their assistance with our daughter’s case!!

The AFP did not officially travel to Mozambique until May 2023, almost SEVEN years after our daughter’s murder, and only did so after Mr Cain asked them at a February 2023 hearing to take further action. As I see it, this amounted to finally getting “off their arse” and moving heaven and earth for the family!!

I reiterate that the family later discovered that only a personal letter had been sent in 2021, not the official MAR, because Mr Bracken had “instructed” the AFP to send a formal request. Even then, this letter was not the official process required by the Mozambique government. They have explicitly informed Mr Cain, in a letter dated 19th June 2023 just before the inquest, that they will only ever accept and respect the official MAR process between our two countries.

The AFP, the Australian Government, and other authorities have simply never bothered to send the official MAR to support an Australian family under the diabolical circumstances of a loved one murdered overseas!!

What is even more disturbing to the family is, in my view, the AFP’s failure to disclose these official Mozambique police reports, which had the effect of misleading both the Coroner and the family. These reports clearly classified Elly’s death as a homicide and were directly relevant to the AFP Commissioner’s submissions, Commander Smith’s evidence, and my oral submissions to the Coroner at the 2023 inquest.

As a result, the evidence relied upon by the court was inconsistent with the documentary record. The classification of a death as a crime by the investigating authorities in Mozambique enabled the AFP to submit a formal Mutual Assistance Request (MAR) to offer official assistance with the suspicious death of Elly in 2016/17. The factually incorrect position advanced by the AFP on this issue is recorded in the official court transcript, in my oral submissions (published on this website), and in other official documents—many of which were entered into evidence, and some are reproduced in blogs on this website.

In my view, the AFP has demonstrated a reluctance to engage meaningfully with overseas authorities in cases involving suspicious deaths, particularly where the investigation depends on cooperation with a country that has limited investigative resources. The AFP is fully aware that any request short of a formal MAR is likely to carry little weight and is often rejected by foreign authorities.

What is further disturbing for Elly’s family is the fact that Coroner Mr Cain was fully aware of the detailed SERNIC police reports provided to the AFP, DFAT, the Coroner, and the family, all of which stated homicide. Mr Cain referred to aspects of these Mozambique police reports in his findings at paragraphs 124–129. This factual evidence became critical during my oral submissions to Mr Cain on 11th December 2023 regarding the AFP and the MAR.

Both Mozambique official police reports from SERNIC, dated 2017 and 2020, clearly classify the case as homicide and are part of the coronial brief. Therefore, the classification of a crime by Mozambique authorities occurred well before 2023.

In Mr Cain’s findings at paragraphs 183–184, he states: “NONE of our requests were accepted for information.” This is totally incorrect, and the facts outlined above and below clearly prove otherwise.

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 conclusion in Statement No. 183 is incorrect. The critical point is that verbal or unofficial requests are insufficient in a matter involving a serious and suspicious death overseas. In these circumstances, only a formal Mutual Assistance Request (MAR) is acceptable.

To date, no official MAR has ever been sent. The Government of Mozambique, through its Deputy Attorney General, has explicitly advised Australian authorities that they will only accept a formal MAR, and nothing else. These facts are explained in full detail below.

Note: Mr Cain’s review of the evidence in Statement No. 183 is incorrect. The facts proving this are detailed below. It is critical to understand that verbal or unofficial requests are insufficient in cases involving a serious and suspicious death overseas. In these circumstances, only a formal Mutual Assistance Request (MAR) is acceptable. To date, no official MAR has ever been sent. The Government of Mozambique, through its Deputy Attorney General, has explicitly advised Australian authorities that they will only accept a formal MAR, and nothing else. These facts are explained in full detail below.

184. Mr Warren submitted that, had a formal MAR been sent to the Mozambique authorities, it is more likely that offers of assistance and requests for information would have been accepted. However, Mr Cain concluded that there was no evidence to support this assertion.

The facts set out below directly contradict Mr Cain’s findings at Statements 183–184.

Evidence from AFP Commander Smith and the AFP Commissioner’s submissions at the inquest falsely asserted that:

“No Mozambique Authority has ever stated it was a “crime” before May 2023”.

In reality, the 2017 and 2020 Mozambique SERNIC police reports, as well as the 2016 autopsy, explicitly classified Elly’s death as a homicide, demonstrating that the AFP had official knowledge of a crime years before 2023.

AFP Commander Smith claimed there was “no” cooperation from the Mozambique authorities. However, the inquest transcript (page 101), which is not referenced in Mr Cain’s findings, clearly records that Nicole and David, Elly’s mother and stepfather, provided evidence stating that the Mozambique authorities were actively requesting information and additional evidence from the AFP, including the autopsy report, the prosecutor’s report, bank statements, and more. The AFP was involved in facilitating this cooperation.

This directly contradicts Commander Smith’s claim of no cooperation. During the inquest, he was eventually forced to acknowledge, on face value, that cooperation had occurred, despite initially asserting otherwise. This demonstrates that the AFP misled the court regarding the level of engagement from Mozambique, while the Mozambique authorities were in fact open, cooperative, and actively seeking support during the early stages of Elly’s suspicious death.

These facts are critical in understanding why the AFP did not submit the MAR, as the Mozambique authorities were clearly transparent and requesting evidence. This raises a serious question: why did Mr Cain fail to address Commander Smith’s false evidence, when there is clear documented proof of Mozambique’s cooperation? As outlined above, these factual records of cooperation are already included in the coronial evidence brief, further highlighting the unreliability of Mr Cain’s review.

Additional proof of cooperation is contained in the response from the Mozambique authorities and their Ministry of Foreign Affairs. They formally provided a detailed SERNIC police report dated 11th August 2020, authored and signed by the Director General of SERNIC, which was sent directly to the AFP and DFAT in response to Australia’s request for information.

The communication from the Mozambique authorities stated:

“The Mozambique authorities, through the Ministry of Foreign Affairs, are honoured to respond to your request for information regarding the investigation of the death of the Australian citizen named Elly Rose Warren, and have forwarded the official SERNIC police report to the High Commission of Australia in Pretoria from the National Criminal Investigation Service (SERNIC).”

This confirms that Mozambique authorities were actively engaged, responsive, and providing official documentation to Australia—directly contradicting Commander Smith’s inquest testimony and Mr Cain’s conclusions.

In response to Australia’s request for information on the death of citizen Elly Rose Warren, the Mozambique authorities formally stated that they were “honoured” to provide details to the High Commission of Australia in Pretoria. This response came directly from the National Criminal Investigation Service (SERNIC), Mozambique’s top criminal investigation agency, and was issued by the Director-General.

The official SERNIC police report (Case File No. 775/2016, dated 11 August 2020) explicitly confirms that Elly Rose Warren was a victim of crime/homicide long before May 2023. This unequivocally demonstrates cooperation at the highest level of Mozambique law enforcement.

Consequently, statements made by Commander Smith, the AFP lawyer, and the AFP Commissioner at the inquest—claiming that Elly’s death had not been classified as a crime or homicide prior to May 2023—are misleading and directly contradict the official SERNIC evidence. The SERNIC police report, authored by the Director-General, clearly shows that Elly’s death was formally recognised as a crime/homicide in 2020, years before the AFP claimed otherwise.

What is extremely disturbing for Elly’s family is the misrepresentation of evidence by the AFP at the highest levels of command. In official submissions to the Coroner, Mr Cain, dated 18 December 2023, the AFP Commissioner, specifically at paragraph 18(b) on page 7, presented information that misrepresents key facts of the case. The facts set out below, drawn directly from official records, demonstrate the inaccuracies in these submissions and the misleading narrative presented to the Coroner.

‘At no “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.’!!!

When compared to the documented evidence, it becomes clear that this statement by the AFP Commissioner excludes critical evidence and gives the Coroner a materially incorrect impression regarding the timing and homicide classification of Elly Warren’s highly suspicious death.

Specifically:

1. The Mozambique police report dated 10 April 2017 formally classified Ms Warren’s death as a crime/homicide.

2. The SERNIC report dated 11 August 2020, issued directly by the Director-General of SERNIC, Mozambique’s highest police authority, reconfirms that Ms Warren was a victim of crime/homicide.

These official classifications occurred well before May 2023, directly contradicting the AFP Commissioner’s statement in his submissions.

These documented facts are not only deeply disturbing for Elly’s family but also raise serious concerns for all Australian families whose loved ones die overseas under suspicious circumstances, as they demonstrate the potential for misleading official statements at the highest level.

In Mr Cain’s findings at No. 129, he clearly notes that the SERNIC police report mentions “HOMICIDE” as classified by the Mozambique Director-General. However, Mr Cain conveniently does not include the dates of these SERNIC police reports—2017 and 2020—which exposes the AFP’s misleading behaviour at the inquest, particularly in relation to the AFP Commissioner’s submissions to Mr Cain.

As is fully evident, both the AFP and the Coroners Court operate under the governance of the Australian Government. The key point here is that, according to AFP protocol, an official Mutual Assistance Request (MAR) cannot be sent unless the death has been formally classified as a crime by the foreign authorities. Yet, the top Mozambique Criminal Division, SERNIC Director-General, explicitly confirmed in 2020 that Ms Warren’s death was officially a crime/homicide, directly contradicting the AFP’s representations.

This official classification from the highest SERNIC authority is critically important because it demonstrates that the AFP misled the Coroner’s Court in their submissions in 2023, as previously outlined and supported with solid documentary evidence.

Below is the first paragraph, taken word for word, from the official SERNIC police report sent to the AFP and DFAT on 11 August 2020 by the Director-General:

Crime – Case No. 775/2016 is running at the SERNIC provincial office of Inhambane, which the Public Prosecutor’s Office is conducting against individuals yet unknown, allegedly indicted for the practice of the legal type of first-degree murder, foreseen and punishable under the terms of art. 157 of the Penal Code (PC). The victim of which was the Australian Elly Rose Warren, single, 20 years old on the date of her death, student who was staying at the tourist resort named Uyani Paryangu, located at Tofo Beach, city of Inhambane, that occurred on the 9 November 2016.

The body of the report also notes that the site of the crime is unknown, which aligns with the fact that Elly’s body was moved post-mortem to the toilet block location.

This official police report from the Director-General:

• Confirms the classification of the death as a crime/murder, consistent with the earlier 10 April 2017 police report.

• Supports the conclusion of violent death/homicide as noted in the autopsy report.

• Demonstrates cooperation from the highest Mozambique policing authority, providing an updated, comprehensive report directly to the AFP and DFAT in August 2020.

This is clear evidence of active cooperation from Mozambique’s top law enforcement, which Mr Cain does not appear to have fully acknowledged in his findings.

Below is the first paragraph, word for word, from the revised SERNIC police report dated 10 April 2017:

We hereby inform your Excellency that legal proceedings are currently underway before the provincial director of SERNIC in Inhambane in relation to criminal case No. 775/2016, a HOMICIDE, in which was the aforementioned citizen, single, 20 years old, daughter of Paul Warren and Nicole ———-.

The classification of “homicide” has been maintained by the Director-General over four years, demonstrating that SERNIC stands by their classification of a crime/homicide. They have continued actively investigating to identify the perpetrators, seeking additional evidence necessary to convict those responsible for Elly’s murder.

It is obvious that additional support from the Australian authorities could have significantly assisted this process. While the AFP informed the Coroner that they made multiple offers of assistance, they never sent an official Mutual Assistance Request (MAR)—the only mechanism recognized and respected by the Mozambique authorities. This failure constitutes a critical lapse in fulfilling their sworn duty to support an Australian family in the investigation of a suspicious death overseas.

There can be no doubt that the first paragraphs of the two SERNIC criminal police reports unequivocally confirm:

• Elly Warren was the victim of a crime/homicide.

• SERNIC has been conducting an ongoing murder investigation to apprehend the perpetrators.

This makes the dates of the reports critically important. The 2017 and 2020 reports clearly pre-date May 2023, directly contradicting the AFP’s misleading claims at the inquest and exposing their failure to submit the official MAR to Mozambique authorities.

Even more significant is that Mr Cain’s findings do not distinguish between the two SERNIC reports. Both reports reference the same case file (775/2016) and explicitly record Ms Warren as the victim of a homicide. The omission of these dates and the explicit homicide classification in the inquest findings misrepresents the timeline and the seriousness of the AFP’s inaction in providing formal support to the investigation.

The relevant findings from Mr Cain, as presented in his report, omit key dates that are critical to understanding the timeline of the investigation and the AFP’s actions:

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 issue of dates is central here. The SERNIC reports referenced by Mr Cain are official documents but remain undated in his findings, unlike all other documents cited, which include explicit dates.

It is essential to note that all official Mozambique police reports, including the reports of 10 April 2017 and 11 August 2020, clearly state in the first paragraph that Elly Rose Warren is a victim of homicide under case file No. 775/2016. These reports were formally entered into the Coronial Brief.

The exclusion of the dates in Mr Cain’s findings obscures the fact that the SERNIC reports and homicide classification were well established long before May 2023, contradicting statements made by the AFP and misleading the Court regarding the timing and seriousness of Elly’s death.

When the AFP Senior Liaison Officer (SLO) and DFAT’s SLO traveled to Tofo, Mozambique, on 17–18 November 2016, the Mozambique authorities were fully cooperative, as recorded in the AFP Action Sheet. During this visit:

• AFP and DFAT officers met with the Mozambique Chief Inspector in Inhambane and were granted permission to attend the crime scene.

• They participated in official meetings, obtaining detailed notes from the crime scene doctor, Health Minister, Mozambique prosecutor, and Chief Inspector.

• With the Chief Inspector’s permission, the AFP attended the Tofo crime scene “boots on the ground,” collected trace evidence (including a sand sample), and took photographs of the scene.

• The Chief Inspector, Mr Cudzi, also confirmed that Elly’s clothes and personal belongings could be collected at police headquarters upon return from Tofo.

Critical failure: The suitcase and backpack eventually provided to the family did not include the clothes Elly was wearing at the time of her death, which were vital trace evidence for potential DNA analysis. These items were still held at Maputo Central Hospital eight days after her death and three days after the Mozambique autopsy on 14 November 2016, as confirmed by the hospital director.

The Director of Maputo Central Hospital explained that clothing is retained for a period to allow retrieval by family or authorities and is only incinerated if uncollected. Despite this, the AFP advised the family and media that the clothing had been incinerated, justifying why it could not be retrieved—an inaccurate representation of the full timeline, because the clothing was still available during the critical early period when AFP and DFAT officers were present in Maputo.

Missed opportunity: The AFP and DFAT had direct access to Maputo due to flight connections between Inhambane and Maputo on 17–18 November 2016, yet they did not attend the hospital to retrieve the vital clothing evidence, despite having both the opportunity and authorization. This failure directly undermined the collection of trace evidence that could have been crucial for the investigation and for the coronial process.

The AFP and DFAT travel to and from Tofo required flight changes through Maputo on both the outbound and return legs to Inhambane airport on 17–18 November 2016. Despite this clear opportunity, the officers did not attend Maputo Central Hospital, where the autopsy had been conducted only days earlier, to retrieve Elly’s clothing, which was vital trace evidence.

These circumstances demonstrate that AFP and DFAT officers were in a strong position to retrieve Elly’s clothing, supported by the documented cooperation of the Mozambique authorities, as recorded in the AFP Action Sheet.

I informed Mr Charlie Bezzina of these facts, and he expressed disbelief that the AFP failed to attend the hospital, despite having the opportunity only three days after the autopsy. This oversight was particularly critical because the Mozambique SERNIC police later had solid suspects but lacked sufficient evidence to convict. Environmental conditions—humid, hot nights—meant that even a single drop of sweat or trace material could have been decisive in the investigation. This underscores just how critical this trace evidence was to achieving justice for Elly’s family.

Despite having world-leading forensic, investigative, and international cooperation capabilities in 2016, the AFP failed to properly retrieve or engage with decisive trace evidence, including Elly’s clothing. This failure cannot be attributed to lack of resources.

The AFP Action Sheet documents that, in the early stages of the investigation, the Mozambique SERNIC police and Chief Inspector were cooperative, demonstrating reasonable transparency. However, in evidence given at the inquest, the AFP/SLO Superintendent stationed at the Australian Embassy in South Africa stated that the Chief Inspector was “unhelpful.”

A closer look at the timeline clarifies this discrepancy:

• The Chief Inspector was helpful during the AFP/DFAT visit on 17–18 November 2016, before receiving the clear crime scene photograph.

• The Chief Inspector’s apparent unhelpfulness occurred only after the AFP/SLO provided the clear photograph on 8 December 2016, which exposed the ripped-apart top, possibly putting local officers in a difficult position.

This timeline shows that the early-stage cooperation was genuine, and the AFP missed a critical window to retrieve vital evidence, which could have materially supported the investigation and subsequent pursuit of justice.

I reiterate that the AFP/SLO and DFAT’s SLO were given permission by the Mozambique Chief Inspector to attend the crime scene and collect evidence samples and photographs, followed by official meetings with the crime scene doctor and other Mozambique officials, only days after Elly’s death. This is a critical point, as the AFP often does not present the full picture, selectively providing only half-truths. Over the years, I have found that the AFP are experts at delivering partial information, so it is essential to treat their statements with caution.

If you ever need to deal with the AFP, I strongly advise that you confirm everything in writing. Do not accept verbal assurances alone. Understand that what they disclose is often only a fragment of the facts, and the real significance may lie between the lines. Reviewing AFP action sheets, letters, statements, and emails carefully can be highly beneficial for uncovering the full context of an investigation.

A crucial tip is to revisit the evidence repeatedly. Initial reviews can miss vital information, particularly during the early days of grief, when focus may be affected. Having a professional independently review all materials, including crime scene photographs, statements, and official documents, can reveal inconsistencies, omissions, or details whose significance becomes clear only with time and proper analysis. I learned the importance of this approach from Charlie Bezzina, a former Melbourne homicide detective who worked with me on Elly’s investigation. As he said, “You have to look for the needle in the haystack, Paul.”

The Mozambique authorities were highly cooperative in meetings facilitated by DFAT in Tofo/Inhambane, including the Health Minister, the crime scene doctor, and the prosecutor. The AFP/SLO took detailed notes of these meetings. If this is not evidence of active cooperation, I am unsure what would qualify.

Now imagine if the AFP had sent the Mutual Assistance Request MAR in 2016/17. The early involvement and formal support could have made a significant difference in the investigation into our daughter’s murder. This context demonstrates just how off the mark Mr Cain’s findings are regarding the cooperation and investigative opportunities available at the time.

The big advantage, as I have mentioned above with Charlie Bezzina, is our expert advancements in forensic technology to analyse trace evidence, such as clothing, for extracting DNA, supporting a third world country that does not have these resources to fully investigate a homicide. However, for the transfer of evidence officially for the court’s requirements, this requires the official Mutual Assistance Request for a joint operation to be in place for the 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 during 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 case file for the coronial proceedings, as stated in an official letter to Mr Cain. I also tried to explain these facts 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 and 2017.

Mr Cain made it clear at the start of my oral submissions that he had already written his findings and essentially made up his mind beforehand. However, he did say that before he officially finalised his findings he was waiting to hear what I had to say in my oral submissions. I officially requested the video of my oral submission by letter to Mr Cain, but he refused to release the court’s video. Therefore, we only have the court transcript, which is available 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 never sent the official Mutual Assistance Request in 2016 or 2017 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 and 2017. Therefore, it may have been possible to achieve meaningful cooperation if the MAR had been sent.

Unfortunately, the Australian Attorney General and the AFP are incorrect and have both misinformed the Coroners Court in official letters and submissions to the coroner that the Mutual Assistance Request is not a process known or possible between the Mozambique authorities and Australian authorities with evidence exchange. This is despite the MAR Act 1987 clearly stating that evidence exchange using the MAR process is available at the convenience of all countries around the world. A link to the MAR Act 1987 is included at the bottom of my summary of circumstances.

The Mozambique Deputy Attorney General (MDAG) informed the AFP and the Coroner’s Court by an official letter in June 2023 that the only official process they will respect and approve is the formal Mutual Assistance Request (MAR) between our two countries for their case file once their security and investigation phase is complete. Therefore, the Australian Attorney General was not fully aware of the MAR process or its requirements, nor that the Mozambique SERNIC police reports had clearly stated in 2017 and 2020 that Elly Warren’s death was classified as a crime of homicide in the initial stages of the investigation.

The MAR is implemented for the convenience of all countries worldwide to improve efficiency, transparency, and collaboration in sharing information on serious issues of concern. In this case, it pertains to the confirmed homicide of an Australian citizen in a foreign country.

Below are relevant excerpts from the Coroner’s findings: Mr Cain, paragraph 153, confirms communication from the Mozambique Deputy Attorney General. Also, paragraphs 174–175 reference submissions 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, Elly Warren’s death was clearly classified as an offence or crime by two official SERNIC police reports in 2017 and 2020. This constitutes sufficient factual material, with both reports including one directly from the SERNIC Director General and supported by Mozambique’s top criminal agency SERNIC, demonstrating that a crime against an Australian citizen had clearly occurred. Both police reports are further corroborated by the Mozambican autopsy report, which concludes that Ms Warren’s death was a violent death or homicide.

Given the proven evidence showing that the AFP misled the Coroner’s Court, it is strongly suspected that the AFP did not fully inform the Australian Attorney General of all facts in this case. The evidence clearly shows that the Mozambique authorities had classified Elly Warren’s death as a homicide well before May 2023, as documented in the two official SERNIC police reports and the autopsy report, all of which unequivocally confirm that Elly Warren was clearly a victim of homicide.

As the MDAG confirms in paragraph 153, a formal Mutual Assistance Request or MAR must first be submitted to retrieve the case file. This letter explicitly informs Australian authorities and the Coroner’s Court of the official process that Mozambique will respect. This process is critical, particularly given the limitations of resources in a third world jurisdiction.

The Mozambique investigation was formally closed on 19 June 2024 by the presiding judge due to insufficient evidence to prosecute the identified suspects. Nonetheless, top Mozambique criminal investigators at SERNIC continued to strongly suspect certain individuals in Tofo based on recent investigations conducted in 2024 and 2025.

To this day, no official MAR has been submitted for the case file. However, the absence of the case file does not undermine the fact that Elly Warren’s death was a crime. The two official Mozambique police reports from 2017 and 2020 clearly classify Ms Warren as a victim of homicide. Furthermore, in May 2023, both the MDAG and Mozambique police reaffirmed in person, during a meeting in Maputo with an AFP Commander, that Ms Warren’s death is a homicide. These facts are unequivocal and leave no doubt for the Australian Coroner’s Court, Australian authorities, or the Australian Attorney General.

Evidence from Commander Smith at the inquest shows how defiant and misleading the AFP were regarding the classification of Elly’s death as a crime/homicide. This strongly suggests their motive for not officially classifying it was to mislead the court through the evidence and submissions presented!!

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

For those willing to examine the transcripts, pages 71-106 are very revealing and demonstrate without question how far the AFP and AFP lawyer went in misleading the court. This shows the level of misleading the court reached, bordering on deception. The AFP lawyer objected during Commander Smith’s cross-examination to a question from my barrister, asserting to the coroner Mr Cain that Elly’s death was never classified as a crime by the investigating authorities, stating it came only from a doctor and not from a police authority or any police channels. This is a clear attempt to mislead the court at the highest level, as the documented facts clearly prove.

Adding more weight, my oral submissions show the AFP lawyer again misled the coroner Mr Cain regarding the Mozambique police report, as documented in the transcript of oral submissions on 11th December 2023.

It is very important and must be strongly noted that the AFP had all the vital evidence in 2016. The clear crime scene photograph showing the ripped-apart top, along with other critical details in the photo, exposed that a struggle had taken place, adding to the fact that these were highly suspicious circumstances. The AFP/SLO was also informed that Elly’s body was strongly suspected to have been moved post-mortem by the chief inspector, as recorded in the AFP action sheet. Other evidence included the Mozambique autopsy report concluding violent death homicide, the prosecutor’s report which has never been seen by the family or court, South African autopsy photos showing all the marks and bruising on Elly’s face and lips, and correspondence from Dr Klepp to DFAT suspecting foul play.

Furthermore, two official SERNIC police reports in 2017 and 2020 clearly state crime or homicide from their top police authority, the Director General. What more does the AFP need to classify this as a crime or homicide? All this evidence is based on verified facts and also shows that the Mozambique authorities were reasonably cooperative. The AFP cannot claim they did not have all the above highly suspicious evidence or circumstances surrounding Elly’s death in 2016 and 2020, which support a crime of homicide.

Commander Smith’s evidence also stresses the importance of the official Mozambique police reports having dates in Coroner Mr Cain’s findings, as these are critical official documents clearly stating that Elly’s death was a crime or homicide.

II 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 as it really is boarding on “Deception”. The AFP Lawyer had objected during Commander Smith’s 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 that 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 highly suspicious circumstances, 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 and 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 “CRIME/HOMICIDE” from their top police authority their “DIRECTOR GERENAL”!!! What more does the AFP need to classify this as a crime or homicide? All this vital evidence mentioned above is based on verified facts and also shows that the Mozambique authorities were reasonably cooperative!! The AFP “can’t say” they did not have all the above 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 that its a “Crime/Homicide”!!!

This is nowhere near sufficient by the AFP, Mr CAIN, DFAT and the Australian Attorney General. These facts, which meet the threshold of a clear burden of proof, demonstrate that the coroner Mr Cain was misled at the inquest in 2023 by the AFP!!! However, the coroner would have become “aware” of this when preparing his findings, as he omitted the critical dates attached to the official Mozambique SERNIC police reports, which directly expose the AFP’s misleading conduct in relation to documentary evidence and submissions presented at the inquest!!

Elly’s family, as set out in this account of circumstances, possesses substantial factual material demonstrating untrustworthy conduct by multiple parties involved in this matter at various stages and for differing reasons or motives!!! This pattern does not end here, as further facts set out below unequivocally establish!!!

The Mutual Assistance Request ACT 1987 (MAR) is a formal statutory mechanism implemented to facilitate official cooperation between countries, including the exchange of evidence, provision of investigative assistance, and the advancement of serious criminal investigations involving multiple jurisdictions. It exists to ensure transparency, accountability, and effective cooperation, particularly where one jurisdiction lacks the forensic or investigative resources required to properly investigate a serious crime such as homicide.

Upon review of the MAR provisions, it becomes evident that it is a “POWERFUL TOOL” available to all countries to formally request and provide assistance in matters of serious criminal concern, including the transfer and forensic analysis of evidence such as DNA. I made clear submissions to Mr Cain on this point during my oral submissions; however, his response was limited to stating that the foreign jurisdiction must “AGREE”!!! This position fails to address the fundamental legal prerequisite that such agreement cannot occur unless the MAR is formally initiated and submitted in the first instance!!

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 Elly’s 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 were 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 further below “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 sent by their “Director General” “supports” the first Mozambique police report in 2017 that our daughter’s death is a “ CRIME/HOMICIDE”. This second main official Mozambique SERNIC police report was officially translated and 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 she 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!!!!

At this stage, it is clear that the clear crime scene photograph became a central “CATALYST” in Elly’s murder investigation along with the compelling medical evidence of “chockablock” packed sand obstructing Elly’s airways, as described by Dr Klepp in her evidence given. Without this clear photograph evidence that appears in no police reports, medical reports, statements, or action sheet from either country the family would not have been aware of many of the true circumstances surrounding Elly’s death. This photograph exposed critical facts that were never properly recorded or disclosed, and without it, the reality of what occurred would have remained hidden!!

Below the clear photograph is so “powerful”  it “exposes”  all authorities!!!

Without this photograph, it would not have been possible to uncover a cover-up. This evidence calls into question the handling of the scene by local Mozambique police and highlights failures by Australian authorities in not referencing or disclosing the CLEAR photograph in their statements to the coroner in 2016/18.

Either way you look at it, this is significant, proving a cover-up: There is no mention of a ripped-apart top in any police reports from either country, nor in statements from the crime scene doctor, the chief inspector, the Mozambique investigating team, or in meetings with the AFP on the ground in Tofo on 18th November 2016. The AFP/SLO and DFAT, present at these meetings, took detailed notes from the doctor who attended the scene at 9:00am and chief inspector. These detailed notes are recorded in the AFP/SLO’s official Action Sheet, yet no reference was made to the top being ripped apart!!

The same doctor later examined Elly’s body at Inhambane hospital, removing all of Elly’s clothes and recovering money from her bra, as documented in an email from DFAT to the AFP and sent to the family. Still, in none of these records including the AFP Action Sheet was there any mention of Elly’s top being ripped apart, despite the photograph clearly showing it completely destroyed!!!

“ THIS CLEAR PHOTOGRAPH TELLS THE TRUTH AT THE CRIME SCENE AT 5AM THAT MORNING 9th NOVEMBER 2016”!!

This is “solid factual 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, “EXPOSES the truth as Mr Charlie Bezzina has told the family”!!

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 No 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 non- disclosure behavior by the AFP/SLO pertaining to the clear version of the crime scene photograph, it also exposes the possibility of DFAT’s Honorary consul misleading evidence” at the inquest which is explained below!!

I have “solid facts” proving on Transcript pages 117, 125 & 128 and with official Documents in support of the fact that the honorary consul gave sworn evidence denying matters that are contradicted by contemporaneous records. as a result, the court relied on evidence under oath that was materially inaccurate, which was capable of misleading the court and limiting the inquiry!!

This moment became a crucial turning point at the inquest, one that effectively “shattered” the proceedings for Elly’s family. Central to this failure was the Honorary Consul’s official statement to the Coroner’s Court dated 19 July 2023. In that statement, and again in his oral evidence, he asserted that after leaving Tofo he had “NO” further involvement in the matter, apart from limited contact two years later!!

What he did not disclose either in writing or in his oral evidence was that after leaving Tofo he did, in fact, have follow-up contact with the fisherman!! Despite this ongoing contact, he stated in evidence that he did not receive the clear version of the critical crime scene photograph. However, the evidence shows that he received that clear version by email from the fisherman and subsequently passed it on to the Australian Embassy in Pretoria. This exclusion was highly significant!!! Had it been disclosed, it would inevitably have raised serious questions about the clear photograph itself and the ripped apart top, and may have led to further scrutiny of the Mozambique police handling of the case, including the alleged cover-up, during the inquest!!!

The evidence strongly indicates a personal motive: to protect himself and his family from scrutiny and potential exposure. By withholding the existence of the clear photograph and denying any involvement after leaving Tofo, he effectively chose the path of least resistance avoiding accountability and depriving the Coroner and Elly’s family of critical, highly relevant evidence!!!

The following transcript excerpts confirm the facts outlined above and demonstrate how the clear photograph was handled, as well as the exclusion and misleading statements made by the Honorary Consul at the inquest.

Transcript Evidence – Honorary Consul

Transcript, p. 125 – Exchange with Mr McGlone

20. Mr McGlone: “Was there arrangements later with the fisherman 21 to 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 recognized that this statement broke the chain of evidence regarding how the clear photograph came into the possession of DFAT. As a result, he had to reframe his questioning of the Honorary Consul later (see p. 128). This was critical, as it meant the clear photograph could have been excluded from evidence by the Coroner, undermining the chain of evidence and complicating the inquest for my legal team and Elly’s family. It also prevented referencing the clear photograph and the visibly ripped top during cross-examination of the AFP/SLO and medical witnesses!!

Transcript, p. 128 – Exchange with Mr McGlone.

6. Mr McGlone: “There appears to be a ‘clearer version’ 7 of the photo 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-back in seven years ago. 11 I’ve never received anything or seen anything regarding the case since.”

In fact, the Honorary Consul did not take the clear photograph himself; he only took the blurred version while in Tofo. After leaving Tofo, he received the clear photograph by email from the fisherman and subsequently passed it on to the Australian Embassy. This directly contradicts the evidence he gave and his official statement to the Coroner, in which he claimed that was his only involvement and that he had no further role in the matter!! Despite his claim that he only took the blurred photo, these actions demonstrate his significant involvement in handling the evidence. Although Mr McGlone’s questioning implied that the Honorary Consul had taken the “clearer version” of the photograph, the record shows this was not the case; the clear photo was obtained from the fisherman after the Honorary Consul had left Tofo, meaning any suggestion otherwise was misleading!!!

Transcript, p. 117 – Honorary Consul
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.”

Previously, he had only the blurred version, taken from the fisherman’s phone while still in Tofo. After receiving the clear version, he forwarded it to the Australian Embassy in Pretoria, South Africa, even though the blurred version had already been sent. Despite this, he maintained in evidence that he had no “follow-up” with the fisherman and had not obtained a clearer version after leaving Tofo statements that are directly contradicted by court official documents submitted to the Coroner. Factually, he had sent both versions of the photograph to the Australian Embassy, but at different times a crucial detail was excluded from his official statement!!

The same pattern of behavior is evident with the AFP, who appear to have taken full advantage of the confusion created by having two versions of the same photograph. In their statements, they simply referred to “a photo” without clarifying whether it was the blurred version or the clear version!! The facts, however, clearly show that it was only the blurred photo included in the AFP/SLO and Honorary consul statements, not the clear version. As a result, both the AFP and the Honorary Consul “failed to disclose” the clear version of the crime scene photograph to the Coroner in 2016/18!!

An official letter was sent to the Coroner, Mr. Cain, just before the inquest on 19 June 2023, in which, for the very first time, the AFP officially acknowledged receiving the clear version of the crime scene photograph back in November 2016. This acknowledgment came after nearly seven years and clearly showed the ripped apart top, along with all the critical evidence at the scene, captured at 5 a.m. by the local fisherman at the Tofo beach toilet block on 9th November 2016.

By presenting himself as unaware of the clear photograph, the Honorary Consul avoided scrutiny over evidence that had profoundly impacted the inquest!!! The clear photograph revealed details entirely absent from the blurred version, yet it was never fully addressed during his evidence given. For Elly’s family, this exclusion was far from minor; It broke the vital chain of evidence showing how the clear photograph came into DFAT’s possession, leaving the Court without a proper understanding of this critical sequence of events, a point I have already emphasized as extremely important to establish.

The handling of the clear photograph therefore marks a pivotal moment in the inquest. The evidence confirms that it existed, was in the Honorary Consul’s possession, and was sent to the Australian Embassy but it was never fully disclosed during his testimony. For both the Court and Elly’s family, this represents a critical gap in the official record and underscores why the case still has major concerns and remains deeply troubling, leaving fundamental questions about the vital events still unresolved!!

This raises a further critical question: why was no action taken by the Australian authorities or government? Could it be that this matter was “elevated” to a diplomatic issue, requiring some form of sweeping it under the carpet? It is important to note that the clear version of the crime scene photograph, taken by the fisherman, is not mentioned in any official statements from the AFP/SLO in South Africa, the Australian Honorary Consul, or in any police reports from Australia or Mozambique. I have repeatedly asked: “Why is it not mentioned in any official statements or reports?” and no one has been able to provide an answer!!! The existence of this photograph exposes critical cover-ups, including the ripped-apart top, making its exclusion all the more significant.

At the inquest, Mr Cain clearly acknowledged the condition of the top during my oral submissions on 11th December 2023:

Transcript, p. 274:

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

Transcript, p. 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 for Mr. Cain was his VIFM pathologist in Melbourne, who was based in the same building as the Coroner’s Court. It would not have looked good for the court, VIFM, or the pathologist if he had concluded that Elly was murdered after seven years!! People would naturally ask why it had taken seven years to determine her cause and manner of death, despite all the factual evidence available in the early stages of Elly’s suspicious death!!

For Mr. Cain, the easiest course was to suggest it was a possibility that Elly had been murdered. In reality, he, like everyone else, was taken aback by Dr. Klepp’s straightforward and compelling evidence, at the inquest. Her evidence given with absolute confidence, described the “packed, chockablock sand” she had found still in Elly’s mouth and airways, sand that had been completely overlooked by his Melbourne pathologist at the VIFM, whose autopsy conclusion had been undetermined. This left Mr. Cain no option but to revise Elly’s cause of death, effectively filling in most of the “major gaps” in evidence that had been missed because of the original VIFM autopsy finding!!

Mr Cain himself acknowledged that there were gaps in the evidence before the inquest, and Dr Klepp’s testimony helped to fill some of these gaps, providing clear and compelling evidence that had previously been missed due to the undetermined finding from the Melbourne VIFM pathologist!!!

Dr Klepp’s evidence was so compelling and impactful that Mr Cain could not ignore it, even after seven long years. Her findings, such as the “packed, chockablock sand” in Elly’s mouth and airways, and the fact that her lungs were full of sand and had somehow been overlooked in the original VIFM autopsy. By presenting these crucial details, her testimony filled critical gaps and allowed the inquest to finally determine Elly’s cause of death after seven long years.

In 2017, during a meeting with the family, I informed the Melbourne pathologist that Elly’s airways were “packed” with sand. I clarified that Dr Klepp had made these observation, following a phone conversation I had with her a few days after Elly’s death. I also advised him that Dr Klepp suspected foul play and referred to the DFAT email, previously mentioned in the summary, which had been obtained from Embassy staff in Pretoria. This email confirmed her observations and clearly indicated that the evidence suggested Elly’s head had been held down in the sand!! The meeting with the Melbourne pathologist and three AFP officers in September 2017 was fully recorded with consent, so all statements made here are factual!!

For anyone who wants to dig further, my oral submissions with Mr. Cain reveal important facts regarding the issues the family had and still has. However, regarding the AFP, Mr. Cain stated: “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.” These reports are available on this website.

I also submitted a detailed report to the AFP Commissioner on 27th May 2024 outlining the family’s concerns, but to date, there has been no reply. This report is also available online.

At the 7th September 2017 meeting, I asked the Melbourne pathologist to clarify his autopsy report’s undetermined conclusion. Not one word was said about the clear crime scene photograph or Elly’s ripped-apart top, despite the presence of three AFP officers. At the time, neither I, the Melbourne pathologist, the coroner, nor King Taylor (the coroner’s assistant) were aware of the clear photograph or the ripped-apart top. The AFP, however, were fully aware. According to an official letter sent to Mr. Cain on the 19th June 2023, they had acquired the clear photograph from DFAT on 24–25th November 2016, holding it for 14 days before handing it to the Mozambique Chief of Police on 8th December 2016!!

Another concerning factor: when I asked the Melbourne pathologist whether he had seen any autopsy photographs, he said no he had only seen the grainy, blurred crime scene photo. AFP Family Liaison Officer (FILO) Kylie, seated between me and the pathologist, said nothing about the autopsy photographs or the clear photograph, despite being aware they existed. The AFP/FILO had received the South African autopsy photos on 22nd November 2016 which documented records from the action sheet prove, which clearly show bruising and abrasions around Elly’s mouth and lips. This non-disclosure at the meeting withheld critical evidence from both the pathologist and the family evidence that strongly indicated a crime had occurred and that a Mutual Assistance Request (MAR) should have been initiated following a proper review of the compelling evidence available at the time!!

At the meeting, the AFP told the family there was little hope for justice and that they could not intervene in another country’s investigation!! They did not disclose that a MAR was possible an official, government level Attorney to Attorney general that could have enabled the AFP to assist Mozambique police, including providing boots on the ground and forensic assistance such as DNA testing, subject to the Mozambique agreement. To this day, a Mutual Assistance Request (MAR) has not been sent, despite the AFP being aware of this option at the 2017 meeting and not informing the family!!!

Everything stated above is recorded and factual, highlighting the AFP’s “withholding of critical information” from the family and pathologist at a decisive point during this very important meeting!!

It must also be noted that the AFP, the Coroner’s Court, and the Australian Government still have not sent a MAR to Mozambique to access their casefile, despite my repeated efforts, including contacting my local MP, Jodie Belyea, who confirmed she could not assist the family!!

The AFP may claim to rely on an “unofficial police-to-police” approach; however, this method is limited, informal, and does not permit them to directly assist in another country’s criminal investigation. Even if such involvement were possible, the AFP’s documented handling of evidence demonstrates that they cannot be fully relied upon to pursue the case properly!! While AFP members are trained federal police officers, the officers involved in this matter were neither trained in homicide investigations nor specialists in complex homicide investigations!!

The Mutual Assistance Request (MAR) is the official, government level authorization specifically designed to provide such assistance, yet it was never submitted. From the outset, the AFP and the Australian Government failed to pursue our daughter’s case faithfully. Critical evidence was withheld from both the coroner and the family, as its disclosure would have reinforced that Elly’s death was a crime in 2016–2017. Because classifying the death as a crime is a mandatory prerequisite for the AFP to review and submit an official MAR, this failure effectively prevented any proper international investigative assistance from being initiated!!

The latest behind-the-scenes facts regarding a cover-up by the Mozambique Police in the handling of Elly Warren’s case, along with actions by the Australian Federal Police and DFAT’s Honorary Consul that border on deception are all fully exposed Further in a blog on this website with “Verified documents” to support these facts (Click on the 17th September date at the bottom of this page).

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

After six years of inaction by the AFP, the Australian Government, and the Coroner’s Court, Elly’s family had no option but to protest on the steps of the Australian Parliament in Melbourne in late 2022 (photo above). This protest finally had an effect. Shortly afterwards, the new coroner, Mr. Cain, scheduled a hearing on 20th February 2023.

At that hearing, Mr. Cain instructed the AFP to “move heaven and earth” to find answers for the family. This prompted the AFP, nearly seven years after Elly’s death to send a commander to Mozambique in May 2023. The AFP were informed by the Mozambique Deputy Attorney-General that Elly’s death, was still being treated as a homicide, that there were suspects, but insufficient evidence to lay charges, hence Elly’s clothes she was wearing at the time of her death!!!

An inquest followed in August 2023, during which strong and compelling evidence was presented that Elly was murdered. Despite this, the coroner declined to formally determine murder, stating only that it was a “possibility!!!”

During the inquest, my barrister formally requested that Mr Cain allow the doctors to be cross-examined separately, explaining that questioning all three at once would be confusing and could obscure critical discrepancies. Mr Cain stated that he would consider the request and adjourned the proceedings for lunch.

During that adjournment, however, another person representing a separate authority followed Mr Cain into chambers. This was highly irregular and improper, and it may have influenced his decision!! Upon returning, Mr Cain denied our request!! This cross-examination sequence was crucial because it would have exposed serious contradictions in the evidence, particularly regarding the presence of sand in Elly’s airways.!!! Dr Klepp’s testimony had confirmed a significant amount of packed sand, whereas Mr Cain’s VIFM Melbourne pathologist had reported finding no sand whatsoever!!! At the time, I was not aware of the coroner’s discretion in this matter when it accrued, but both my barrister and solicitor were certainty aware and deeply concerned, informing me straight away of the potential implications when we adjourned!!!

That evening, my barrister consulted colleagues and, the following morning, advised me that we had grounds to seek Mr Cain’s removal!!! This was confirmed by senior legal advisors. However, pursuing such an action would have required a completely new inquest before a different coroner, effectively restarting the process. After careful consideration, and under immense pressure, I chose not to pursue Mr Cain’s removal. Restarting after an already seven-year process would have caused further trauma to the family. For this reason, despite the seriousness of the irregularity, which had been explicitly highlighted to me by my legal team, we proceeded with the inquest and all three doctors were cross-examined together!!!

Despite acknowledging “gaps in the evidence,” Mr. Cain initially excluded several key witnesses.!!! Most alarmingly, he refused to call Dr. O’Donnell, the senior radiologist whose report had objectively confirmed the presence of high-density sand in Elly’s airways prior to the Melbourne autopsy. Only after strong representations from my lawyer did Mr. Cain reluctantly allow Dr. O’Donnell to testify. The transcript confirms this reluctance word for word:

(Inquest transcript, 23 August 2023, page 129)

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.”

Initially treated as a mere supporting contributor rather than an independent expert, Dr. O’Donnell later gave evidence confirming that both lungs were filled with sand and that imaging density levels fully supported this conclusion!! Similarly, the Australian Federal Police’s involvement was narrowly limited.!! Although their work spanned more than seven years, only Commander Smith, who had joined much later, was called. Key decisions from 2016/18, including evidence handling and the failure to issue a Mutual Assistance Request (MAR) remained unexplored because the AFP personnel directly involved in the early stages of Elly’s suspicious death were not called to give evidence!!!!

These failures in witness management severely restricted the evidence available, despite Mr. Cain acknowledging that there were “gaps in the evidence” and that these witnesses were relevant to addressing some of those gaps!! These witnesses had submitted reports to the court beforehand, all of which reached the same conclusion: that Elly's death was a homicide, with their evidence clearly explaining the basis for that conclusion. Although these reports had been prepared independently by qualified experts, the witnesses were still initially excluded!!!

Dr. Byron Collins acted as a private consultant for Elly’s family, examining the autopsies and providing independent expert opinions on the cause and circumstances of death, and his influence on the investigation is fully detailed below.

Charlie Bezzina, the former Victoria Police senior detective, reviewed every piece of evidence and compiled a comprehensive report for the previous coroner, Darren Bracken, offering a detailed and experienced law-enforcement perspective. Mr Bezzina has been actively assisting with Elly’s investigation for five years and is fully up to date with the case. Nicole and David’s private investigator, Francois Roos, conducted extensive on-the-ground investigations in Tofo, Mozambique, and his first detailed report was submitted in 2019 directly to Mr Bracken. Collectively, the work of these three witnesses represents critical and highly relevant expertise, forming a foundational part of the evidence that should have been considered in the inquest. The exclusion of such key witnesses was not a minor oversight; it was a serious failure that compromised the integrity of the investigation, let down the family, and fundamentally undermined confidence in the coronial process itself!!!!

In 2023, Roos obtained further updated and material evidence and formally advised Commander Smith in Maputo of these developments. Commander Smith’s letters to Mr Cain dated 19th June 2023 confirmed that Mr Cain was fully aware of the importance of receiving updated information from the Mozambique investigation, particularly given his acknowledgement in his findings that he did not have access to the Mozambique case file!!!

Throughout 2022/23, Roos worked directly alongside the SERNIC police in Tofo, providing fresh, first-hand investigative evidence while Mozambique SERNIC authorities and Mr Roos were working together to track down suspects and actively pursue those believed to be responsible for the HOMICIDE murder of Elly!!! Despite this, the family could not understand why these witnesses, and initially Dr O’Donnell, were not called to give evidence. In circumstances where Mr Cain himself acknowledged “gaps in the evidence”, the exclusion of such clearly and critically relevant witnesses was inexplicable and fundamentally undermined the completeness and integrity of the inquest process!!!!

In the weeks leading up to the inquest, the family faced further serious uncertainty. Dr. Klepp had not agreed to give evidence and ultimately only did so at the last minute after Elly’s mother, Nicole, personally asked her to assist. At the same time, Dr. O’Donnell was still not confirmed as a witness due to Mr. Cain’s earlier refusal. Without these two doctors, the only medical evidence before the court would have come from the Melbourne pathologist at the Victorian Institute of Forensic Medicine, who had reported the cause of death as undetermined and stated that he found no sand whatsoever!!!

Only one week before the inquest, Dr. Lynch was the only witness confirmed to testify and he had found no sand whatsoever in Elly’s airways. Without Dr. O’Donnell and Dr. Klepp, the inquest faced near-total collapse. Thankfully, Mr. Cain eventually agreed to include Dr. O’Donnell, and Nicole persuaded Dr. Klepp to testify just days before proceedings began. Without their evidence, the inquest would have been, quite simply, disastrous!!!

Mr. Cain also restricted the Australian Federal Police to calling only one witness, despite their investigation spanning seven years!!! The AFP nominated Commander Smith, who had only been involved in the case for one year and therefore had no knowledge of decisions made during the critical 2016–2018 period, including failures in evidence handling and the decision not to pursue a Mutual Assistance Request!!! This restriction prevented the family from obtaining answers about the most crucial stage of the investigation and worked entirely in the AFP’s favour!!!

When Dr Klepp and Dr O’Donnell did give evidence, it was compelling and decisive. Their testimony led Mr Cain to revise the Melbourne pathologist’s conclusion from “undetermined” to death by aspiration of a large amount of sand!! However, the evidence supported a more accurate and precise finding: aspiration of sand that “packed” and obstructed the airways”.

Dr Klepp testified that the sand was “packed, chockablock” in Elly’s mouth and airways, an observation Mr Cain accepted when altering the cause of death attributed to the VIFM pathologist. She stated that in her 44 years as a pathologist she had never seen sand so densely packed in airways, even in cases involving people buried alive in South African mine collapses.

Dr O’Donnell’s CT imaging showed both lung trees completely filled with foreign material, with density readings of 1290 HU and 947 HU, equivalent to “cement and bone density”. These scans were taken prior to the Melbourne autopsy on 22nd November 2016. Despite this, during a recorded meeting in September 2017, the Melbourne pathologist stated that he found “no sand whatsoever!!!”

At that meeting, I personally informed him of Dr Klepp’s findings, which directly contradicted his conclusion!!! This clear and serious contradiction between expert opinions was never addressed at the time in 2017, nor later during the inquest, and therefore did not appear in Mr Cain’s findings!!! As a result, this conflict remained unresolved for seven years!!!

I had already alerted both the AFP and the Coroner’s Court of Victoria to Dr Klepp’s findings as early as 2016 and repeatedly requested that she be formally interviewed!! These facts were therefore known to the authorities and formally recorded, yet the contradiction between the pathologists was ignored and left unexamined!!!

At the inquest, Dr O’Donnell raised a theory that the body may have been in water. This suggestion appeared only after it became clear that his radiological evidence exposed the contradiction with the Melbourne VIFM pathologist, with whom he had a professional relationship both working at the VIFM!!! Although this theory was mentioned in the coroner’s findings, it was entirely irrelevant, as no autopsy at any time identified and seawater or water in Elly’s lungs!!

In a phone conversation in 2016, Dr Klepp confirmed to me that there was no water in Elly’s airways and that Elly had died from aspiration of a large amount of sand while alive. She further stated that the findings were suspicious and indicative of foul play, pending toxicology results.

While Dr Klepp’s medical evidence was ultimately taken into account, Dr O’Donnell’s radiological evidence showing high-density material was noticeably sidelined in the coroner’s findings because it directly exposed the Coroner’s own pathologist from the Victorian Institute of Forensic Medicine, who had consistently stated that he found no sand at all!!! The radiological scans, however, clearly demonstrated that large amounts of dense foreign material consistent with sand were present in Elly’s lungs, behind the nasal passages, and within her trachea before the Melbourne autopsy was conducted!!! This proves that the sand was already present at the time the VIFM pathologist carried out his examination, directly contradicting his repeated assertions that no sand whatsoever was found!!!

Despite the undeniable significance of this contradiction, the Melbourne pathologist was never given Dr Klepp’s autopsy photographs or the clear crime scene photograph showing Elly’s ripped-apart top, even though the Australian Federal Police had them in 2016!!! These images show Elly’s naked body lying at the scene, with her buttocks exposed and the T-shirt she was wearing completely ripped from her right shoulder down her torso, while also documenting abrasions, bruising, and injuries around her nose, mouth, and lips. This critical visual evidence, which directly contradicted the Melbourne pathologist’s conclusions, was completely ignored between 2016 and 2018 and was never provided to him!!! It is not recorded in his autopsy report, and at the September 2017 meeting he made no mention of it, even though AFP officers present were fully aware of its existence!!! Not a single word was spoken about this vital evidence, representing a shocking and deliberate failure by the authorities to acknowledge material facts central to understanding how Elly died!!!!

Taken together, the sidelining of the radiological evidence, the failure to disclose key autopsy and crime scene photographs, and the exclusion of material that exposed fundamental inconsistencies meant that highly probative evidence was excluded from the coroner’s findings!!! This significantly undermined the accuracy, completeness, and reliability of the conclusions reached, contributing to a fundamentally flawed assessment of how Elly died!!!

As a result, this vital evidence was entirely absent from his findings. Although the evidence of Dr Klepp and Dr O’Donnell forced Mr Cain to amend the cause of death, much of the most critical material, particularly the radiological evidence and the unresolved contradiction between experts, was excluded from the final findings!!!

This exclusion, combined with restricted witnesses, procedural decisions, and acknowledged gaps in the investigation, fundamentally undermined the family’s ability to fully present its case!!! Given the seriousness of this death, it is deeply disturbing that no genuine effort was made in 2016 to formally contact or obtain evidence from a pathologist of Dr Klepp’s standing, despite repeated notifications to authorities and a recorded meeting in 2017 attended by AFP officers, where her conclusions were again explained!!!

This information was known, formally recorded, and yet completely ignored. For a case of this gravity, this level of inaction, sidelining of evidence, and failure to resolve fundamental contradictions is not just shocking it is wholly unacceptable!!!!

Dr. Klepp, at the inquest below, outlined her 44 years of experience, demonstrating that she is highly qualified as a forensic pathologist:-

(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 demonstrated above, it is critically important to note that Dr. Klepp is highly qualified, with 44 years of forensic pathology experience, more than the Melbourne pathologist. Had the Coroner’s Court, the Melbourne pathologist, the AFP, or DFAT made even minimal efforts in 2016/17 to contact Dr. Klepp via phone, email, or video conference, as she had offered in her autopsy report, which included her phone number for anyone to discuss her findings they would have obtained crucial factual evidence!!! This included the sand packed “chockablock” in Elly’s airways and the visible marks, abrasions, and bruising on her face and lips, all of which indicate highly suspicious circumstances surrounding Elly’s death from the onset!!!

Instead, this critical evidence was ignored for seven years. Only after the inquest in 2023, when Mr Cain heard Dr Klepp’s compelling testimony, did he amend the Melbourne pathologist’s cause of death from undetermined to aspiration of sand!!! This level of inaction and professional neglect by the Melbourne pathologist, the Victorian Coroner’s Court, and relevant authorities is completely unacceptable!!! Elly’s family is profoundly disappointed by the lack of effort at such a vital early stage of the investigation, particularly given the serious and suspicious circumstances of Elly’s death!!!

Many of the gaps in evidence noted by Mr Cain at the February 2023 hearing were conclusively addressed by the compelling testimony of Dr Klepp and Dr O’Donnell at the inquest!! Their evidence directly led Mr Cain to revise the cause of death.

It is physically impossible for Elly to have inhaled sand to this degree on her own, packing her airways chockablock. The inquest confirmed this through crime scene observations and witness testimony. Elly’s body was found lying completely flat, head in a normal position, face and chin resting on a firm sandy walking path around the toilet block. This is supported by the clear crime scene photograph and evidence from Dr Klepp and witness Jade O’Shea. Dr Klepp testified:

“It’s not possible to compromise her airway’s packed chockablock as I found the sand

when I examined the body, laying flat in this position on this hard, firm surface.”

Dr Klepp also noted that no sand sample was taken, further highlighting the oversight in the early investigation!!!

I told Mr Cain during oral submissions on 11th December 2023 that, in over 60 years of recorded adult deaths in Australia, no adult has ever fallen onto sand and inhaled it in a way that completely blocks the airways. Considering Australia’s abundant beaches and frequent beachgoers really injoying themselves at times , it is clear that Elly could not have aspirated sand to this degree lying flat on a firm surface!!

Finally, Dr Klepp was asked if she agreed with a witness Elly’s dive instructor who found it “very strange to see Elly’s mouth fully packed with sand.” She responded:

“I absolutely agree. That is how I found her oral cavity—chockablock.”

This unequivocal evidence confirms that Elly’s death could not have occurred from a simple accidental fall and strongly supports the conclusion that foul play was involved!!

It must be strongly noted:-

Dr Klepp’s examination took place seven days after Elly’s death, yet her oral cavity remained chockablock packed with sand. This demonstrates just how firmly the sand was lodged, remaining jammed even after a week.

These circumstances are even more striking considering that Elly’s body had been transported over dirt roads for four days to Maputo for her first autopsy, due to monsoonal flooding closing the nearest airport. Despite this, and following a previous autopsy on 14th November in Maputo which evidently left much of the sand intact for Dr Klepp her examination on 16th November in South Africa still revealed fully obstructed airways. Dr Klepp confirmed in evidence that the airways were “CHOCKABLOCK” when she received Elly’s body.

The coroner, Mr Cain, was fully aware of all these facts, underscoring the critical nature of this evidence in determining the true cause of death!!

It is critically important to note additional evidence demonstrating that it was physically impossible for Elly to have packed her airways and lungs in the manner observed at the location where her body was found. This is supported by the detailed Mozambique police report of homicide dated 20th August 2020, which is included in the coronial brief and referenced in Mr Cain’s findings at paragraph 125:-

“The body was found lying down in a prone position, with the superior members folded in a ‘V’ shape against the face, with her face and nose on the soil.”

This official report further states that the place of the crime is “UNKNOWN” confirming without question that Elly’s body was moved post-mortem to the toilet block location. The authorities were able to determine with confidence that the homicide did not occur where her body was found, reinforcing the conclusion that her body had been relocated after her death!!

The description in the report clearly indicates that Elly’s head, face, and nose were resting on the soil, with her body lying flat and her arms folded in a V-shape against her face. This corresponds with the clear crime scene photograph I provided to Chief Inspector Cudzi during a meeting at PIC headquarters in October 2018. Despite this, the report makes no reference to the photograph or the ripped-apart top, likely because these details expose the local police cover-up!!

It is also relevant that two mobile phones containing photographs of the scene at 9:00 am on 9th November 2016 were reported as “broken,” leaving the investigation without additional crime scene photographs from that morning!!!

Following my meeting with Chief Inspector Cudzi in October 2018, I provided a signed, detailed statement documenting all factual evidence, which was officially notarized in Inhambane. This statement contributed to the updated 11th August 2020 Mozambique police report. In that statement, Chief Inspector Cudzi confirmed:-

“The sand samples taken and analysed revealed that the sand in Elly’s internal airways was not the same as the sand at the toilet block area. The attack did not take place there.” This proves beyond doubt that Elly’s body was moved post-mortem, further invalidating any suggestion that she could have inhaled sand to the degree observed on her own.

Dr Byron Collins, an Independent Pathologist, Excluded as a Vital Relevant Witness

The Melbourne VIFM doctor initially recorded Elly’s cause of death as undetermined. In his conclusions, Mr Cain, the Victorian State Coroner, amended this to the aspiration of a large amount of sand. In doing so, he adopted and agreed with the findings of two independent pathologists, Drs Míguez and Klepp, particularly regarding the extensive, densely packed (“chock-a-block”) sand identified throughout Elly’s airways. Both pathologists concluded that the sand was fully consistent with death caused by fatal aspiration. Mr Cain’s determination therefore reflected his acceptance of their conclusions, especially the critical presence of packed sand.

Prior to the Coroner’s determination, Dr Byron Collins, a highly qualified independent pathologist, provided a separate and important assessment. He stated that, if the findings of Drs Míguez and Klepp were accurate and reliable, it would be entirely reasonable to accept their conclusions regarding cause of death. He also noted that, when considered alongside the scene photographs, the manner of death was consistent with homicide. In his own words:

“If it were accepted by the court that the various injuries and findings identified by Drs Míguez and Klepp were accurate and reliable, then I am of the robust view that it would be entirely reasonable to accept the cause of death and associated comments in these reports and, in conjunction with the scene photographs, the manner of death is consistent with homicide.”

Dr Collins’ assessment confirms the reliability of Drs Míguez and Klepp’s findings and provides an independent, objective endorsement prior to the Coroner’s inquest. While Mr Cain did not adopt Dr Collins’ observations about the manner of death, his amendment of the cause of death aligns with the critical pathological conclusions, particularly the presence of densely packed sand.

Despite his significance, Dr Byron Collins was excluded as a witness at the inquest, along with two other key witnesses, even though my barrister had highlighted him as a vital independent expert at a hearing in February 2023. Instead, the Coroner relied on his own doctor from the Victorian Institute of Forensic Medicine (VIFM), whose original autopsy report found no sand of any significance in Elly’s airways!!! The family strongly objected to this reliance due to the clear conflict of interest, but the Coroner dismissed the objection, citing confidence in his VIFM pathologist and the VIFM review!!!! The exclusion of Dr Collins and the other witnesses severely limited the family’s ability to fully present their case, leaving critical questions unresolved!!!!

In his findings, Mr Cain stated:

“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.”

This reflects the limits of the evidence at the inquest. There was no definitive proof the body had been moved post-mortem. However, during my oral submissions, I informed the Coroner that the Chief Inspector at the crime scene observed that the sand in Elly’s mouth was different from the sand at the toilet block, suggesting unusual circumstances. Reports from Dr Klepp and Dr Collins showed that Elly could not have inhaled sand to the degree observed while lying flat on a firm surface, raising serious questions about how her death occurred.

A critical piece of evidence, a clear photograph showing Elly’s top completely ripped apart, was acknowledged during the inquest. Mr Cain explicitly stated that this condition as ripped was “not in dispute” and confirmed that my concerns about third-party involvement and the suggestion of a struggle were acknowledged. This photograph confirms significant disturbance of the body and clothing, and also supports Dr Collins’ assessment that accidental aspiration was highly unlikely, reinforcing his view that the circumstances of death were consistent with “HOMICIDE”.

At the last hearing in February 2023, Dr. Collins was again referenced as an independent witness. His report remains central to understanding the pathological findings, particularly the presence of densely packed sand, the circumstances of Elly’s death, and the condition of her clothing as shown in the photographs.

Requests were made for Dr. Collins to testify at the inquest, but Mr. Cain rejected this, instead ordering a peer review by other VIFM doctors who had a direct conflict of interest due to their close institutional relationship with the Melbourne pathologist!!!! Requests were also made for Mr. Roos, Nicole’s private investigator, and Mr. Charlie Bezzina, a retired Melbourne homicide detective, to provide evidence. Both were rejected despite their direct knowledge and experience with the case. All three professional witnesses independently concluded, based on the factual evidence, that Ms. Warren’s death was a homicide.

This conclusion is further reinforced by the evidence provided by Dr. Klepp and Dr. O’Donnell at the inquest, and was reaffirmed by the Mozambique Attorney General in May 2023, following two official Mozambique police reports and the official Mozambique autopsy report, all of which collectively agreed that Elly’s death was a homicide, well before the meeting with the AFP on 19 May 2023 with the Attorney General. Therefore, the official classification of homicide had already been confirmed well before that date!!!!

Despite this overwhelming evidence, Mr. Cain’s findings in paragraphs (f) and (g) merely suggest that it is possible Elly was moved post-mortem or that a person or persons unknown contributed to her death. The deliberate exclusion of independent witnesses, combined with procedural decisions favoring institutional pathologists and the acknowledged gaps in evidence, effectively deprived Elly’s family of any realistic opportunity to seek justice. The systematic withholding of expert testimony, eyewitness updates, and independent assessments represents a profound miscarriage of justice in a case where foul play is overwhelmingly supported by credible, factual evidence!!!!

The Vital Trace Evidence

On 24 October 2024, the AFP sent a letter to Elly’s family informing them that the Mozambique judge responsible for the criminal investigation had ordered the judicial process regarding Ms Warren’s homicide be closed, citing “insufficient evidence” to charge any perpetrators.

However, I was informed in late 2025 by a highly respected source that the top criminal police in Mozambique (SERNIC) are aware of the perpetrators responsible for Elly’s murder. This incident occurred in Tofo, where SERNIC officers were staying, and items including a mobile phone and laptop were stolen while they were sleeping. It was clear at the time that this was a brazen act intended to determine what information the officers had obtained. It is now widely known in Tofo who these perpetrators are.

Given this context, the importance of the key trace evidence cannot be overstated. This includes the clothes Elly was wearing at the time of her death and the material evidence of the missing ladies’ sanitary item at the Victorian Institute of Forensic Medicine (VIFM) at the Victorian Coroner’s Court. DNA analysis from these items could have been decisive in placing the perpetrators at the crime scene and securing a conviction!!!

The AFP had the opportunity to retrieve Elly’s clothes from the Maputo Central Hospital, where they were stored following her autopsy just nine days after her death. Despite this, no one came to collect this vital evidence, and the items were eventually destroyed!!! The hospital had explicitly informed the family that they retained these clothes for collection by the family or the authorities, fully aware that Elly’s death had been deemed a homicide. The Mozambique police, however, had no interest in the clothes; the inspector who accompanied Elly’s body to Maputo left them at the hospital, and they were never placed into evidence. At the same time, the police were unaware of the ripped T-shirt evidence at the scene in Tofo.

The AFP and DFAT had every opportunity to retrieve this critical evidence!!! Their personnel were on the ground in Tofo and Maputo shortly after Elly’s death and could have prioritized collecting her clothes to support the coronial investigation. Instead, they failed to do so, despite the chief Mozambique inspector being fully cooperative in handing over other items, including Elly’s suitcase and backpack, as confirmed by DFAT’s Senior Liaison Officer and the AFP action sheet!!! It is also important to note that DFAT/SLO Stacy Walker provided inaccurate evidence at the inquest, claiming they flew directly to Inhambane from Johannesburg a physical impossibility, as all flights to Inhambane require a connection through Maputo!!

Elly’s family will never know whether collecting this vital trace evidence would have changed the outcome, as her clothes were never analyzed for DNA!!!! This represents a massive lost opportunity, as items such as clothing, underwear, or even hair and body fluids could have provided critical forensic leads, including evidence of who may have handled her clothing or contributed to her death!!! While the AFP may not specialize in homicide investigations, they were undoubtedly aware of the importance of these items!! Their failure to retrieve them raises the question of whether they deliberately avoided obtaining evidence that could expose the cover-up by the Mozambique police!!!

The missing ladies’ sanitary item represents another unresolved failure!!! Its loss was never properly investigated, nor is it mentioned in any AFP action sheet or official police reports from either country!!! While other clothing items in her suitcase and backpack were recorded, the clothes Elly was wearing at the time of her death were not!!! The Melbourne pathologist only referenced the missing sanitary item in a supplementary report after I raised the issue with then-Coroner Bracken. the Melbourne pathologist states in his supplementary report that , ““It’s possible I may have missed it,” and further acknowledged in evidence that someone could be sexually assaulted and show no signs, underscoring the vital importance of DNA testing!!!

Dr. Klepp confirmed at the inquest in August 2023 that she had removed the tampon, placed it in a plastic bag with the organs, and ensured the bag remained inside the body for repatriation to Australia. Remarkably, the circumstances surrounding this critical piece of material evidence are not fully explained in Mr. Cain’s findings!!!

The extract below from page 283 of my oral submissions underscores the critical importance of the Mutual Assistance Request (MAR) and the proper exchange of evidence for DNA testing. It highlights that the failure to retrieve and analyze this vital trace evidence represents a serious and wholly unacceptable gap in the investigation.

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”!!!

On 27 May 2024, I submitted a detailed report to the AFP Commissioner outlining the many discrepancies and failures in their handling of my daughter’s case. To date, I have received no substantive response, only an acknowledgment that the report was received!!! I have repeatedly contacted the Australian Government seeking an inquiry or investigation into how the authorities managed my daughter’s investigation!!! On five separate occasions, they have simply referred the matter back to the AFP!!! I personally attended the office of my local MP, Jodie Belyea, who later wrote to say that she and her office could not assist Elly’s family!!!

Even the Commonwealth Ombudsman has been provided with all the factual evidence, including supporting documentation, over two years ago, yet progress remains stalled!!! It is painfully clear that, for my family, these institutions show little genuine concern!!! I cannot help but reflect that if this were any of their own children, their response would almost certainly have been very different!!

An inquiry is necessary to prevent these unjust circumstances from happening to other Australian families in the future. The systemic failures, lack of accountability, and disregard for critical evidence in my daughter’s case highlight the urgent need for an independent investigation. Without such oversight, there is nothing to ensure that other families will not endure the same prolonged trauma and injustice!!!

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 ASSISTaNCE 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 the 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