As Elly’s father, I have spent more than nine years investigating the murder of my daughter, Elly Rose Warren. Over this period, I have obtained the facts and answers, supported by documented evidence, relating to the circumstances surrounding my daughters murder.

On this basis, I am now in a strong position to present a full, factual, and detailed summary of all relevant circumstances set out below.

It is very important that anyone who reads the detailed summary below, compiled over more than nine years, understands that I state only the facts. I have relied upon recordings, court transcripts, and official documents that have been entered into the Coronial evidence brief. What follows is not allegation or speculation, but facts supported by documented evidence, all of which can be verified by official records.

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, 8 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 13 November 2016. However, in the early hours of Wednesday, 9 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 a Inhambane police spokesman Detective Juma Dauto said: "It looks like an accident" and "we are in doubt as to what could have happened." He went on: "She didn't have a scratch, didn't have a bruise on her indicating there was no violence or rape. I guarantee it. I have total confidence she was not raped. The community here is shocked, this has never happened. Everybody wants to know what happened.

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

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

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

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

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

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

I was very concerned at the time regarding the Melbourne pathologist’s report, as I had spoken directly with the South African pathologist, Dr. Klepp, by phone on 20 November 2016. She informed me that Elly’s airways were packed with sand and that she suspected foul play, noting marks, abrasions, and bruising around Elly’s mouth and lips that had become more evident over time, about eight days after her death. This made no sense to me at all and did not add up in my book, as the Melbourne pathologist had reported no sand whatsoever in Elly’s airways, and no sand was reported in her lungs in his autopsy findings and official report, concluding her cause of death as “Undetermined!!!”

A meeting was subsequently held with the Melbourne pathologist, the family (for a “please explain”), and the AFP, during which the discussion was recorded with consent. At that meeting, the Melbourne pathologist maintained that he had found no sand and explained that, if asked in court, he would respond along the lines of: “You did not find any sand, did you?” — “No, I did not.” He was, however, confident that the body he examined was Elly’s!!!

It took six long years for the family to have the coroner amend the Melbourne pathologist’s 2016/17 finding of “Undetermined.” At the 2023 inquest, the cause of death was officially recorded as “aspiration of a large amount of sand completely blocking her airways,” based on Dr. Klepp’s compelling evidence regarding the “packed chockablock sand” she had found during her examination, which completely compromised Elly’s airways!!!

In 2019, I personally requested a radiology report to determine whether Elly had sustained any fractures to her head. I was utterly astonished that such an examination had never been conducted, particularly given that, just around two weeks after Elly’s suspicious death, Dr. Klepps assessment of her face with severe abrasions and bruising, notably around Elly’s mouth and lips clearly indicated the need for urgent further investigation, as confirmed by the South African autopsy photographs. Dr. Klepp explicitly linked these injuries to possible foul play, making it deeply troubling that no additional examination had been undertaken at such an early and critical stage.

The later CT scan only confirmed the seriousness of the situation: extremely high-density readings of 1,290 HU and 947 HU (Hounsfield Units, a standard measure of radio-density), consistent with cement and, in some areas, bone density, and both lung trees completely filled with sand. Despite these surprising and alarming findings, no fractures were detected, highlighting a staggering gap between Dr. Klepp’s early, urgent assessment and the Melbourne pathologist’s official autopsy report, which had not detected any sand in Elly’s lungs whatsoever!!!

These findings were later confirmed as solid factual evidence at the 2023 inquest by the radiologist!! This demonstrates that all this sand was present when the Melbourne pathologist conducted his autopsy, yet he did not find any, as he explicitly stated during the recorded meeting with the family in September 2017. These dense sand masses are not mentioned anywhere in his autopsy report, including the fact that both lungs were completely filled with sand. The 2019 radiology report thus corroborates the findings of both the Mozambique and South African autopsies, which concluded that an abundance of packed sand obstructed the airways, causing death. These facts strongly explain why the family questioned whether the body examined by the Melbourne pathologist was indeed Elly’s.

Many of these important discrepancies outlined above were not included in Mr. Cain’s findings, even though both Mr. Cain and Coroner Bracken were fully aware of them through my letters, statements, and affidavit presented to the court. These documents informed the court that Elly’s family were infuriated, frustrated, and deeply disappointed with the incompetence of the Melbourne pathologist, the unethical behavior of the Mozambique police, and the failings of Australian authorities, as is fully explained later in this summary of circumstances.

During my investigation in 2019, I discovered that vital trace evidence had not been collected by the Melbourne pathologist a ladies’ sanitary item that had been removed and placed inside Elly’s body in a plastic bag by South African Pathologist Dr. Klepp for repatriation to the Melbourne VIFM. This was later confirmed as fact by Dr. Klepp under oath at the 2023 inquest. At the time, I sent a letter to Coroner Bracken, dated 10 September 2019, requesting a full investigation into this missing evidence (see Correspondence on this website).

At the inquest, the Melbourne pathologist stated that “someone can be sexually assaulted and show no signs,” which underscores the critical importance of this missing evidence. To date, this material trace evidence has never been located or DNA tested, despite the highly suspicious circumstances surrounding Elly’s death. This was a huge disappointment for Elly’s family, as this was critical evidence that should have been forensically examined. Subsequently, we engaged another pathologist, Dr. Byron Collins, who stated in his report that, given the suspicious circumstances of Elly’s death, the tampon should have been DNA tested.

Following my phone conversation with the South African pathologist on 20 November 2016, she contacted the Australian Embassy in Pretoria the very next day, 21 November 2016. An email below was provided to the family in November 2016 from DFAT regarding correspondence from Dr. Klepp:-

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

However, later 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 received the Mozambique autopsy report, which concluded a violent death/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 in 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 definitely 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. These findings were later supported as factual evidence by Dr. Klepp at the 2023 inquest.

Dr. Klepp had made herself available to discuss her findings in 2016, even including her phone number at the bottom of her autopsy report with a suggested timeframe for contact, explicitly inviting anyone to talk about her autopsy and findings. However, the disappointing reality is that no one from the Australian authorities contacted Dr. Klepp in 2016 or 2017, despite the solid factual evidence I had obtained from her. As a result, this critical evidence was effectively ignored.

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 realization 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 Mozambique police report, revised on 10 April 2017 and issued by SERNIC, was provided to the AFP by DFAT, as documented in the AFP Action Sheet on page 13. This report states that Elly’s death was, for the first time, being treated as a homicide. However, the report makes no mention of a “CLEAR PHOTO” or “ RIPPED APART TOP”!! It was at this point, in April 2017, that it was formally confirmed to the AFP that Elly’s death was being investigated as a “CRIME/HOMICIDE by the top Mozambique crime authorities, the National Criminal Investigation Service (SERNIC).

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

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

PREVARICATION IN THEIR DESCRIPTIOn!!

Therefore aspects of the AFP Action Sheet are misleading in their description and presentation of material facts. A clear example appears on pages 12–13 of the AFP Action Sheet, specifically page 13 dated 10 April 2017. On that date, DFAT sent to the AFP Senior Liaison Officer (AFP/SLO) stationed at the Australian Embassy in Pretoria an official revised SERNIC Mozambican police report, case file number 775/2016. That police report explicitly classified Ms Warren as a victim of HOMICIDE. This document by the AFP/SLO on 10 April 2017 is recorded in the AFP Action Sheet itself.

In the Action Sheet, the document is described only as a “MOZANBIQUE DOCUMENT” and records “SUFFOCATION” as the cause of death. What is excluded however, is the report’s explicit and formal classification of Ms Warren as a homicide victim, which appears in the “opening paragraph” of the official SERNIC police report!! The Action Sheet therefore selectively reflects part of the document’s contents while excluding its most significant finding!! This is not a matter of interpretation; it is established by the official police report recorded in the AFP/SLO’s Action Sheet!!

This issue was further compounded during the inquest, as recorded in the transcript of my oral submissions to the Coroner on 11 December 2023, when AFP counsel relied on the wording of the Action Sheet and 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”!! These critical points, also raised in Commander Smith’s evidence at the inquest and in AFP submissions, were misleading and, in effect, presented a misrepresented account to the Coroner; they are fully addressed later in this summary!!

That characterisation is only partially accurate. The reference to “suffocation” in the AFP Action Sheet was drawn from an autopsy finding that was incorporated within the official revised SERNIC police report provided to the AFP/SLO by DFAT on 10 April 2017. That same report has a case file number 775/2016 and dated 10 April 2017, this officially classifies Ms Warren as a victim of homicide. By isolating the autopsy finding while excluding the homicide classification contained in the same police report, the description relied upon at the inquest did not reflect the full contents of the document and had the effect of creating confusion before the Coroner as to its nature, provenance, and significance!!!

The AFP has consistently have stated that Mozambique authorities did not classify Ms Warren’s death as a crime prior to May 2023. This assertion underpins the AFP’s explanation that no obligation arose in 2016/17 to pursue a formal Mutual Assistance request, and therefore that no obligation arose at that time in relation to offer our assistance!!! This position is reflected in the AFP Commissioner’s submissions, Commander Smith’s evidence, and the submissions made by AFP counsel at the 2023 inquest!!!

That position is not supported by the factual official brief documents. In addition to the April 2017 revised SERNIC police report, there exists a further and more comprehensive official SERNIC police report, issued well before May 2023, which again explicitly classifies Ms Warren as a victim of “CRIME/HOMICIDE”. This report was authored by the Director General of SERNIC, Domingos Francisco Jofane, the criminal investigation and instruction inspector and coordinator!!! It was formally provided to both the AFP and DFAT on 11 August 2020 and was subsequently passed on to the Coroner and the family.

These matters are also explained in detail in my investigative blog, “Search for the Truth,” on this website, including extracts and images taken directly from pages 12 and 13 of the AFP Action Sheet, dated 6 and 10 April, which demonstrate how the homicide classification was excluded from the Action Sheet description.

Further, the Mozambican autopsy report itself was obtained by the AFP/SLO through back door channels well before 10 April 2017. This is confirmed by the AFP/SLO’s own evidence at the 2023 inquest and by entries in his Action Sheet. On page 12 of the Action Sheet, the AFP/SLO records that he obtained the Mozambique autopsy report from Inspector CUDZI, the SERNIC officer in charge of Elly’s investigation, on “2 February 2017”. Despite having the autopsy report at that time, the Action Sheet contains no reference to the autopsy’s conclusion of “violent death or homicide”, even though the AFP/SLO had the document in his possession at the time!!!

In fact, the AFP was aware of the Mozambique autopsy conclusion even earlier. On 19 December 2016, two AFP/FILO officers attended my home and “verbally” informed me that the conclusion of the Mozambique autopsy was that Elly had died a violent death and that the death was being treated as a homicide. This occurred well before February 2017 and well before the revised police report of April 2017!!!

The family repeatedly requested access to the Mozambique autopsy report through the Coroner’s Court. It was not released until nearly a year later, and only after I directly asked the Court “on what legal grounds has the Mozambique autopsy report not been released to the family”. Three days after that question was put to the Court, the autopsy report was provided to the family, subject to strict court orders.

For clarity, Inspector CUDZI was the SERNIC police inspector in charge of Ms Warren’s investigation from 2016/19 and was stationed at the Inhambane Police Investigation Criminal (PIC) Headquarters.

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

AFP counsel states to Mr Cain below;-

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

During my oral submissions, AFP counsel therefore informed the Coroner that the document referred to on page 13 of the AFP Action Sheet dated 10 April 2017 was merely a reference to a medical autopsy report authored by a Mozambique doctor and was not from an official channel or an official police document!! AFP counsel further suggested that I was “incorrect” in describing that document as an official police report identifying homicide. As set out above and supported by the documentary record, that characterisation was factually incorrect!!

The document dated 13 April 2017 is an official Mozambique police report sent through formal police channels and is not authored by a medical practitioner. In its opening paragraph, the report states that criminal proceedings were underway before the Director of SERNIC in relation to criminal case 775/2016, classified as a HOMICIDE. This classification is made by police authorities. Although the report records and incorporates the conclusions of an autopsy!! The medical findings included in the police report do not change its status as an official police report!!

By describing this document to the Coroner as one authored by a doctor, AFP counsel misstated the nature of the evidence and created a false impression that no police ever issued a homicide classification at that time!! This mischaracterisation obscured the fact that Mozambique police had formally classified Ms Warren’s death as a homicide in April 2017 and caused confusion for the coroner regarding the document’s status and the official classification of the death!!

I sought to correct this during my oral submissions to Mr Cain, explaining that the document referred to on page 13 of the AFP Action Sheet was an official police report and that AFP counsel’s description was incorrect!! This exchange is clearly recorded in the court transcript. I also hold the underlying documentary records establishing this beyond dispute, all of which are official documents and are addressed in detail later in this summary.

AFP counsel then asserted that Mozambique authorities did not formally classify Ms Warren’s death as a homicide until Commander Smith’s visit in May 2023. That assertion is demonstrably false!! An official Mozambican police report classifying Ms Warren as a homicide victim existed in April 2017 and was known to the AFP at the time, as evidenced by its inclusion in the AFP Action Sheet provided to the AFP/SLO Superintendent by DFAT. In addition, a further and more comprehensive official police report issued by the “ DIRECTOR GENERAL” of Mozambique police authorities also explicitly identifies Ms Warren as a victim of CRIME/HOMICIDE!!

Despite this, AFP counsel relied on the AFP’s formal submissions and evidence from Commander Smith which influenced the decision not to send a Mutual Assistance request to claim that Mozambique authorities had not classified Ms Warren’s death as a crime or homicide until 2023!! That position is irreconcilable with the contemporaneous records. Both police reports were provided to the AFP well before 2023, were held by the AFP, and were entered into the Coronial evidence brief. The version of events presented to the Court is therefore inconsistent with the evidence the AFP clearly had in its possession!!

These submissions misled the Court and undermined the family’s position on a critical factual issue. On the documentary evidence, the assertions made by AFP counsel were misleading to both the family and the Court, as they conveyed an incorrect impression that no official police homicide classification existed prior to 2023, when in fact such classifications had been formally made and documented by Mozambique police authorities in 2017.

This cannot be dismissed as a mere error or inadvertence by the AFP. Two official Mozambique police reports, including one issued by the “DIRECTOR GENERAL” , unequivocally recorded Ms Warren’s death as a CRIME/HOMICIDE. One possible explanation is that full and accurate disclosure of these reports would have exposed shortcomings by the AFP/SLO in 2016–17 in providing critical information to the Coroner, including the clear crime scene photograph. This remains a theory and is not presented as a statement of fact. What is supported by credible and objective evidence is that the AFP’s position before the Court that Ms Warren’s death had not been classified as a crime was factually incorrect. That incorrect position had the effect of avoiding the accountability consequences that would ordinarily follow a confirmed homicide, including the obligation to pursue Mutual Assistance at the relevant time. As a result, the Court was presented with a materially misleading version of events on issues that were central to the Coroner’s consideration.

The seriousness of this incorrect evidence must be assessed against the standard of full and frank disclosure required in a coronial inquest. This was not a minor error. The AFP and its counsel went to considerable lengths to exclude material fact namely, that Ms Warren’s death was officially classified as a crime/homicide well before Commander Smith’s visit to Mozambique in May 2023. That exclusion is inconsistent with the official documents in the AFP’s possession and falls well short of the disclosure obligations owed to the Coroner. The effect was to present a false misleading impression that delayed homicide classification, when in fact it already existed.

Commander Smith’s May 2023 visit to Maputo did not result in a new homicide determination. Mozambique authorities merely “reaffirmed” their existing position, which had already been formally recorded in two official SERNIC police reports: The revised report of 10 April 2017, and the comprehensive report of 11 August 2020 authored by Inspector Cudzi and sent with the approval of their “DIRECTOR GENERAL” to both the AFP and DFAT. Both official Mozambique police reports, “through official police channels”, explicitly state that Ms Warren was a victim of homicide. This classification therefore existed well before May 2023, contrary to the AFP submissions, AFP commissioner’s submissions and AFP’s evidence given to the Court at the inquest!!! This is fully explained further below in this summary!!!!

It must be strongly noted that while the first SERNIC police report of 10 April 2017

classified Ms Warren’s death as homicide, it did not disclose the clear crime

photograph or record that Elly’s black T-shirt had been ripped apart. That exclusion is

significant and is addressed later in this summary, as it forms part of the broader

pattern of material non-disclosure surrounding the investigation into my daughter’s

murder!!!

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 clarity, The Honorary consul when 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 very important later with the statement and evidence given by the Honorary Consul at the inquest. These circumstances are a crucial factor at the inquest which is all explained further in this summary.

This factual evidence is not just a bit confusing, it is deeply troubling as the Australian Federal Police have taken full advantage of the confusion created by the existence of two different versions of the same crime scene photograph. As already stated, the AFP did not provide the crystal clear version of the photograph to the coroner in 2016 and after. This crucial and “decisive image” evidence is completely missing from every AFP and DFAT statements. Instead, only the “BLURRED VERSION” of the photograph was placed on the record through the AFP/SLO and DFAT Honorary Consul statements.

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, with the AFP providing assistance. This is fully

explained further in this summary!!!

As the AFP did not disclose this critical evidence proving further that it was a “CRIME” to the coroner!! it them 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 the summary!!

Another very interesting factor here and I need to mention this here as earlier on in this summary you were not aware of the photo taken by the fisherman when I spoke about the AFP action sheet. It’s concerning the AFP/SLO wording again in his Action sheet as each time he mentions passing on the photo to the Mozambique chief inspector in his action sheet by email the AFP/SLO dose not differentiate between the two photos whether the photo is blurred or clear each time!!! The AFP/SLO had passed on both versions of the photo to the chief inspector CUDZI once around the 18th or 20th November which is the proven as the “BLURRED” photograph entered in his statement only and again to the Mozambique chief inspector on the 8th December as the “CLEAR VERSION” of the same photograph from the fisherman 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 its the photo from the fisherman without giving away the details surrounding the blurred photo he acquired some time between the 13th to the 20th of November 2016 from the Honorary Consul. Which the facts clearly prove is the “blurred” photograph the AFP/SLO only acquired at this time as this blurred photograph was only ever entered officially into the evidence brief by the AFP/SLO!!! The AFP/SLO’s statement has also 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 the the Mozambique chief inspector CUDZI by email on the 8th December 2016 from his “official statement” to the Victorian coroner in 2016/17!! However it’s documented in the AFP/SLO’s Action sheet that the “photo taken by the fisherman” had been passed over twice to the Mozambique chief inspector CUDZI on the above dates in 2016. The facts prove that this critical factual information is excluded from the AFP/SLO’s official statement to the coroner!!

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 fishermam. 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 summary!! The “clear version” of the crime scene photo was given to the Mozambique chief inspector CUDZI by myself in 2018 and again on the 8th December 2016 by the AFP/SLO based at the Australian embassy in South Africa!!

I 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.

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. The other official letter was sent to the coroner Mr Cain on the 16th June 2023 from the “Australian Government Solicitor” also clearly stating;- THE BLURRED VERSION WAS ONLY ENTERED IN THE AFP/SLO STATEMENT TO THE CORONER AND BRIEF AS EVIDENCE IN 2016/18!!

All this official correspondence together at some point explains without doubt that the AFP/SLO had entered the “blurred” photo only in his statement to the coroner as evidence and he had passed the “clear” photo on to the chief inspector on the 8th December!!! Therefore the evidence proves above with the official documents that the AFP/SLO had failed to pass on the clear photograph or reported on the clear version to the Victorian state coroner in 2016/17!!

All of the above supporting evidence is critically important because it demonstrates

the AFP superintendent Senior Liaison Officer’s prior knowledge and awareness!!

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 and I again passed it onto the same chief inspector CUDZI at this time 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 coroners court from Mozambique/Tofo by email in October 2018 on my first trip over!!

It’s also very Interesting to note here in the AFP/FILO’s summary of Circumstances for the coroner’s coronial brief who was assigned to the Family in Australia (Kylie), 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 the coronial brief by the AFP; only the “BLURRIED” photo was provided by the AFP/SLO Superintendent and included in his official statement to the Coroner dated 17 October 2017, while stationed at the Australian Embassy in Pretoria, was submitted!!

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

There is another 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 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 Mc Comish 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 will look into what happened to the clear photograph. Two weeks later I contacted Mr Taylor again about the clear photo and he told me, “yes the court was given the clear photograph in 2016 by DFAT but it was just” “FILED AWAY” “and not given to anyone therefore it was lost in the system.” At least Mr Taylor was honest about this mid 2019!!

Mr Taylor was also in attendance at the meeting with the Melbourne pathologist in September 2017 when I mentioned Elly’s crime scene photograph to the Melbourne pathologist and 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 incorrectly failed to classify Elly’s death as a crime, thereby avoiding formal accountability. Despite this, the clear photograph clearly depicts highly suspicious circumstances involving a deceased Australian citizen, with partial naked body and a top that had been ripped apart.

The AFP is Australia’s governing law-enforcement authority for suspicious deaths and crimes occurring overseas. Therefore the AFP is fully responsible for any critical or suspicious crime scene evidence in its possession, regardless of how the death was initially classified. The AFP/SLO superintendent did not disclose the clear photograph in his official statement, resulting in the Coroner being provided only with a “BLURRED” version of the fisherman’s photograph. At the time, the AFP was formally supporting the Coroner’s investigation and was therefore the only authority responsible for properly reporting, assessing, and disclosing this highly suspicious and clear crime scene photographic evidence to the Coroner in 2016. The AFP is the sole Australian agency officially accountable for serious and suspicious crime scene evidence relating to Australians who dies overseas, particularly when the death occurs under obvious and highly suspicious circumstances!!

This is also why DFAT could not provide this critical crime scene evidence directly to the Mozambique police, as this responsibility rests solely again with the AFP as DFAT provided the clear photograph to the AFP/SLO, who then passed this vital evidence to the Mozambique Chief Inspector in 2016.

The AFP/SLO superintendent therefore had no discretion in this matter. Having directly received the clear photograph from DFAT, he was obliged to pass it on to the Mozambique Chief Inspector. This sequence is indirectly referenced in his action sheet and directly documented in official records, which prove the chain of evidence and the precise steps by which the AFP/SLO, stationed in South Africa, came into possession of the clear photograph from DFAT. Establishing the chain of evidence for any critical material is extremely important, as I learned during the inquest with the Australian Honorary Consul misleading evidence given which is explained and will become clearer later on in this summary. This same factor of how the clear photograph came into DFAT’s possession—also caused significant problems for me and my legal team at the inquest, particularly in relation to the Australian Honorary Consul’s evidence, which was factually incorrect. These matters are addressed and proven by fact later in this summary.

The AFP/SLO possessed both a blurred and a clear version of the crime scene photograph in 2016. The clear version, which showed significant damage to Elly’s clothing which was not disclosed to the coroner or entered into the coronial brief, while the blurred version was. This selective disclosure materially limited the coroner’s visibility of evidence indicating struggle or violence and raises serious concerns about completeness and candour .” Consequently this critical evidence of the clear photo clearly exposing Elly’s T- Shirt ripped apart was never reported to the coroner in 2016/18 by the AFP or AFP/SLO. The AFP in an official statement have stated they were “supporting” the coroner with her investigation at this critical time in 2016/18!!

The actual clear crime scene photograph I have been told is on the “Dark Web” but I can’t do anything about this!! However below is a reenactment photo which I had setup with a model. It’s not going to be 100% accurate but it is a very close copy to the actual crime scene photo taken by the fisherman at 5am and will give you some idea of how important this photograph is in its clear form.

After reviewing the reenactment photographs below, the question is unavoidable: is this clear crime scene photograph sufficiently serious enough to constitute suspicious crime scene evidence requiring formal classification and reporting by the AFP?!! The facts unequivocally prove that the AFP was provided with the clear photograph by DFAT on 24–25 November 2016. This clear version plainly shows a deceased Australian female citizen lying face down near a toilet block in dirty surroundings, partially unclothed, with her top destroyed and ripped apart. These circumstances are inherently suspicious and 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. As Australia’s governing law-enforcement authority for suspicious deaths occurring overseas, the AFP was accountable and responsible for classifying this material as suspicious crime scene evidence and for formally reporting and submitting it to the Coroner in 2016. On any objective assessment, this clear photograph meets and exceeds the standard for serious and suspicious crime scene evidence, thereby engaging the AFP’s responsibility and accountability under its role in 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, attended the crime scene, and collected a sand trace evidence sample. However, this sample was not entered into evidence and was excluded from the AFP/SLO’s statement submitting trace evidence to the coronial brief. The critical aspect of this trace evidence sand sample was to potentially match it with sand found inside and on Elly’s body. Unfortunately, no sand sample was taken from Elly’s body, as the Melbourne pathologist reported finding no sand whatsoever at the meeting with the family in September 2017. This is despite ample sand being present and confirmed by the radiology report before the Melbourne pathologist conducted his Autopsy on the 22nd November 2016!!

At a meeting in November 2016, the 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. The AFP/SLO and DFAT also took crime scene photographs and detailed notes from several key meetings in November 2016, all of which are documented in the AFP action sheet and form part of the factual records in the colonial 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, the AFP would likely never have provided this very important action sheet to the family or the Coroner, once again failing to disclose early and vital evidence. The AFP, however, are unlikely to acknowledge this exclusion from their perspective.

above is a perfect example of the AFP only doing what they are required to do

when asked by the court. Unless asked directly, they generally provide only what they

feel is necessary, rather than disclosing the full picture. They do not proactively

provide all critical evidence or correspondence they are aware of, keeping the family

and the court in the dark. The 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 hid 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!!

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

patten of repeated contradictions and omissions that i can

only describe as cover up after cover up, sadly for elly and

Elly’s family this is only the “tip” of the iceberg!!

Mutual Assistance Request

It must be firmly noted here:

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

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

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

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

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

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

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

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

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

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

This then prompted the coroner at the time, Mr Bracken at the hearing in 2021 to order the AFP to send the official assistance request. However the family found out later the AFP had not sent the Official Mutual Assistance request, only a “PERSONNEL LETTER” holding no official weight whatsoever!!! If I had not asked the coroner Mr Bracken here to see the request sent the family would not know about it only being a letter sent and not the official Mutual assistance request!!!! Again we would have been kept in the DARK!!

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

In my view the coroner Mr Cain is speculating at the inquest on the 11th December 2023 during my oral submissions ruled out that a Mutual assistance request if sent in 2016/17 to offer our assistance, would most likely have been rejected and would not have made any difference based on the AFP evidence that they had made numerous request for information and to offer our assistance without response. Any letter or verbal request is completely unacceptable given the “serious nature” of the circumstances and the family has never seen any further unofficial request in writing to the Mozambique Government or their authorities from the AFP to offer their assistance with our daughter’s case!! The AFP did not “officially” go over to Mozambique until May 2023 almost “SEVEN” years after our daughter’s murder and this only occurred after Mr Cain asked the AFP at a hearing in February 2023 to take further action, which as I see it amounted to finally getting ‘off their arse’ and move heaven and earth for the family!!

I reiterate that the family found out later that only a personal letter had been sent, not the official MAR in 2021, to the Mozambique authorities because Mr Bracken “had instructed” the AFP to send an official request because of the AFP submissions above. Even then this letter was not the official way or process which the Mozambique government has “told our authorities and Mr Cain,” that they will only except, as they have informed Mr Cain in this letter dated the 19th June 2023 just before the inquest that the Mozambique government will only ever accept and respect the “official process of the MAR” between our two countries!! The AFP, Australian government and authorities have just never bothered to send the “Official MAR” to support an Australian family in these “diabolical circumstances of a loved one murdered overseas”!!

What is even more “disturbing to the family” is, in my view the AFP’s failure to disclose these “official Mozambique police reports, which had the effect of misleading the coroner and family, despite those reports clearly classifying Elly’s death as a homicide and being directly relevant to the AFP commissioner’s Submissions, Commander Smith’s evidence given and my oral submissions to the coroner at the inquest in 2023. As a result the evidence relied upon by the court was inconsistent with the documentary record. Classification of a death as a crime by the investigating authorities in this case enabled the AFP to submit a formal MAR to offer “Official” assistance with the susphious death of Elly in 2016/17. The factual incorrect position advanced by the AFP on this issue is recorded in the official court transcript, my oral submissions as published on this website and 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 investigation resources. The AFP is fully aware any request short of a formal mutual assistance request are likely to carry little weight and are often rejected by foreign authorities!!

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

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

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

Note: Mr Cain’s review of the evidence in Statement No. 183 is incorrect. The facts proving this are below. The critical point that must be understood is that verbal or unofficial requests are not sufficient in a matter involving a serious and suspicious death overseas. Under 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 the details below.

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

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

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

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

before May 2023”.

This is clearly incorrect evidence and, without question, misleads the court. I have the full burden of proof showing that the Mozambique authorities had already classified Elly’s death as a “HOMICIDE” long before May 2023!!

AFP Commander Smith stated there was “no” cooperation from the Mozambique authorities. However, the transcript on page 101, which is not referenced in Mr Cain’s findings, clearly records that Nicole and David Elly’s mother and stepfather stated in evidence at the inquest that the Mozambique authorities were actively requesting information and additional evidence from the AFP, including the autopsy report, prosecutor’s report, bank statements, and more. The AFP was involved in and facilitated this cooperation. This is a direct contradiction to Commander Smith’s claim of no cooperation. He was ultimately forced to agree to this on face value at the inquest, after initially stating there was no cooperation whatsoever. This demonstrates that the AFP were not stating the truth at the inquest and were misleading the court, while the Mozambique authorities were open, cooperative, and actively seeking support from the AFP during the early stages of our daughter’s suspicious death. These facts are critical in understanding why the AFP did not send the MAR, as the Mozambique authorities were clearly being transparent and requesting evidence. This directly contradicts Mr Cain’s findings, raising the question: why did Mr Cain fail to mention this false evidence from Commander Smith, when there is clear documented proof of cooperation from Mozambique? As outlined above, this demonstrates that Mr Cain’s review of the evidence is not reliable, as all these factual records of cooperation are included in his own evidence brief below.

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

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

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

to the Mozambique Authorities or government!!

‘The Mozambique authorities and Mozambique Ministry of Foreign Affairs below have sent a detailed SERNIC police report on the “11th August 2020” directly from the Mozambique “Director General” of SERNIC responding to our request and has forwarded this official SERNIC police report to the AFP and DFAT!!

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

In response to our request for information on the death of Australian citizen Elly Rose Warren, the Mozambique authorities stated that they were “honoured” to provide details to the High Commission of Australia in Pretoria. This response came from the National Criminal Investigation Service (SERNIC), Mozambique’s top criminal investigation agency, and was issued by the DIRECTOR- GENERAL!! This clearly demonstrates cooperation at the highest level, as 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. Therefore, statements 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” the coroner’s court and directly contradict the official SERNIC evidence. This is classified above as “cooperation” with this official as you can get SERNIC police report from their top Mozambique criminal agency and “Director General” as this police report clearly states Elly Rose Warren was a victim of CRIME/HOMICIDE AGAIN with the case file No 775/2016, dated the 11th August 2020 and “well before May 2023” as I reiterate it was stated by commander Smith, AFP lawyer and the Submissions of the AFP commissioner at the inquest that it had not been classified a crime or a homicide before May 2023 is totally misleading the coroner’s court without question!!

What is extremely disturbing for Elly’s family is the misleading of evidence to the Court

by the AFP at the highest level of command In his 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, as proven by

the facts set out below!!

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

commander smith and the deputy attorney-general for

criminal matters in mozambique ( and others) ( may 2023

meeting) had the mozambique law enforcement authorities

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

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

THE FACTS BELOW UNEQUIVOCALLY PROVE THAT THE ABOVE, WORD FOR WORD STATEMENT IN THE AFP COMMISSIONER’S SUBMISSIONS TO THE CORONER MR CAIN, DATED 18 DECEMBER 2023, IS MISLEADING WITHOUT QUESTION!!! THE ABOVE WORD FOR WORD STATEMENT, WHICH CANNOT CHANGE. WHEN COMPARED TO THE DOCUMENTED FACTS, THIS THEN BECOMES CLEAR THAT THIS ABOVE STATEMENT BY THE AFP COMMISSIONER IS MISLEADING, AS THEY EXCLUDED CRITICAL EVIDENCE AND GIVE THE COURT AN INCORRECT IMPRESSION ABOUT THE TIMING AND HOMICIDE CLASSIFICATION OF ELLY’S HIGHLY SUSPICIOUS DEATH!!!

THE SECOND MOZAMBIQUE POLICE REPORT, DATED AUGUST 2020,

CLASSIFIES MS WARREN’S DEATH AS A CRIME/HOMICIDE, AND THIS

COMES DIRECTLY FROM THE SERNIC DIRECTOR-GENERAL, THE HIGHEST

POLICE AUTHORITY IN MOZAMBIQUE. THIS CLEARLY OCCURRED WELL

BEFORE MAY 2023, CONTRADICTING THE AFP COMMISSIONER’S CLAIMS!

In Mr Cain’s findings below No 129 he clearly states that the SERNIC police report mentions “HOMICIDE” from the Mozambique Director General. However it is conveniently not “DATED” by Mr Cain as the dates of these SERNIC police reports 2017 & 2020 “EXPOSES” the AFP misleading behaviour at the inquest “especially” with the AFP commissioners submissions submitted to Mr Cain!! As everyone is fully aware of here, the AFP & Coroners Court are both “governed” by the Australian government at some point!!! As I have said, It's all centered around the fact it’s not classified a “CRIME” by the AFP to send the mutual assistance request to fully offer our help until the other countries authorities state that it’s a crime of Homicide/Murder. However the top Mozambique Criminal Division SERNIC Director General had sent this report to the AFP and DFAT stating it was officially a “CRIME/HOMICIDE” they were investigating with the death of Ms Warren in 2020!!!

This is very “IMPORTANT” to have this official classification from their top SERNIC criminal Director General of a CRIME/HOMICIDE which exposes the AFP without question, misleading the coroner’s court also in their official submissions sent to the coroner by the AFP commissioner in 2023 which I have fully explained above with solid facts!!!!

Below is the first paragraph taken word for word from the official police report sent to the AFP and DFAT on the 11th August 2020 from their DIRECTOR GENERAL!!

1) 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 in the Tofo beach, city of Inhambane ,that occurred on the 9th November 2016.

Also In the body of the report it states site of “CRIME UNKNOWN” as their facts obviously prove Elly’s body was moved after her death to the toilet block location!!!

This above police report from their director general supports a crime of murder

supporting the first police reports classification of murder on the 10th April, along

with the Autopsy report conclusion of Violent death Homicide. It also supports

cooperation from the top mozambquie authority when asked for an updated

comperhensive police report from the Australian Authorties directly form their

director general in august 2020!! IS thie not cooperation from their Mozambique top

policing authority Mr Cain did not regard it as such in his findings!!!

Below is the first revised police reports first paragraph word for word 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” is being carried forwarded by the DIRECTOR GENERAL

after four years unchanged. This means SERNIC are standing by their classification of a

CRIME/HOMICIDE and is why they are looking for and investgating perperators for such

a long time looking for more evidence to be able to convict someone of Elly’s murder!!!

obviously they needed extra support which the Australian authorities did not directly

give!!! the AFP did inform the coroner that they offered several times!! However if they

were really “serious” they would have “sent the official mutual assisistant request”

which was only the accepted offer the mozambquie Authorities respected and would

consider with the proven facts above!!

There can be no doubt whatsoever with these above “FIRST” paragraphs taken from the two SERNIC criminal police reports are “clearly proves CRIME/HOMICDE and they are conducting an ongoing murder investigation all this time to apprehend the perpetrators!!! This is why the date, left out here below in Mr Cains findings was so “ IMPORTANT “ as these Official SERNIC police reports classified Elly’s death as a homicide “WELL” before May 2023 exposing the AFP Misleading evidence at the inquest not to send the Mutual assistance request to carrying out their “Sworn Duty” to support an Australian family with a suspicious death of a loved one from overseas!!!

What is also even a more significant exclusion is that Mr Cain does not refer, in his

findings, to these two above “vital” SERNIC police paragraphs which have the same case

file (775/2016), and both explicitly state that Ms Warren is a victim of a crime/homicide!!

The relevant findings from Mr Cain below without dates with the detailed Mozambique police reports stating HOMICIDE well before May 2023 without dates;-

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

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

The relevant findings by Mr Cain concerning the official SERNIC police reports appear

at paragraphs 124–129. Notably, these references are undated, whereas all other

official documents in his findings include dates. I reiterate that all official

Mozambican police reports state, in the first paragraph, that Elly Rose Warren is a

victim of homicide, under case file No. 775/2016. These police reports were formally

entered as evidence in the Coronial Brief!!

When the AFP Senior Liaison Officer (SLO) and DFAT’s SLO travelled to Tofo, Mozambique, on 17–18 November 2016, the Mozambique authorities were recorded in the AFP Action Sheet as co-operative and helpful. AFP and DFAT officers met with the Mozambique Chief Inspector in Inhambane and they were granted permission to attend the crime scene with no objection. The officers attended official meetings and obtained detailed notes from the Mozambique crime scene doctor, Health Minister, Mozambique prosecutor, and the Chief Inspector in charge of the case, as recorded in the AFP Action Sheet. All With the Chief Inspector’s permission, the AFP attended the Tofo crime scene, collected trace evidence (including a sand sample), and took photographs of the crime scene. The Chief Inspector, Mr Cudzi of the Mozambique police, also advised that Ms Warren’s clothes and personal belongings could be collected at police headquarters upon return from Tofo.

However, the suitcase and backpack later provided did not include the clothes Elly was wearing at the time of her death. These items were vital trace-evidence for potential DNA analysis and 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 informed the family that clothing is retained for a period to allow retrieval by family or authorities and is only incinerated if not collected after time. Despite this, the AFP advised the family and media that the clothing had been incinerated as the reason for not retrieving this “vital trace evidence” in the very early stages of their investigation in supporting the coroner, which they did have every opportunity as the facts below prove!! Therefore while this may be accurate in isolation, it does not reflect the full timeline, as the clothing was still available during this critical early period when AFP and DFAT officers were present in Maputo!!

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 this 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 at that early stage, as recorded in the AFP Action Sheet!!

I informed Mr Charlie Bezzina of the above facts, and he expressed “disbelief” that the

AFP did not attend Maputo Central Hospital, to retrieve Elly’s clothing, despite having

the opportunity to do so only three days after her autopsy in Maputo, Mozambique!!!

This become critical as later on the Mozambique SERNIC police had soild suspects but

not “enought solid evidence” to convict any of their suspects!!! It was humid very hot

at night over thier at the time and all it takes is “one drop” of sweat Etc!!!! This is how

“critical" this trace evidence was to achieve Justice for Elly’s family!!!!

What was most disappointing is that, despite possessing world-leading forensic, investigative, and international cooperation capabilities in 2016, the AFP failed to properly retrieve and engage with decisive trace evidence, including the clothing Elly was wearing at the time of her death. Such a failure cannot be attributed to any lack of resources!!

These above facts are all mentioned in the AFP “Action Sheet” which also proves without question there was good, reasonable transparency and cooperation in the early stages of Elly’s murder in 2016 by the Mozambique SERNIC police and chief inspector. However in “evidence given” at the inquest the Australian AFP/SLO Superintendent stationed at the South African embassy directly involved with the case clearly states the Chief inspector was “UNHELPFUL”!!! The chief Inspector may have become unhelpful only after the AFP/SLO at the South African Australian Embassy had “PASSED” on the clear photo to the chief Inspector on the 8th December 2016 “exposing” his local police with the ripped apart top, but he was very helpful beforehand when the AFP/SLO and DFAT’s SLO attended the chief inspectors office in Inhambane on the 17th and 18th November 2016 before he had received the clear photo from the AFP/SLO on the 8th December 2016.!!

I reiterate that the AFP/SLO and DFAT’s SLO were given permission by the Mozambique chief inspector to attend the crime scene and to take evidence samples and photos followed by official meetings with the crime scene doctor and Mozambique officials at this early stage only days after Elly’s death!! This is where you need to be very careful with the AFP as they don’t paint the full picture here again only informing you of “half truths” and I have found out over the years the AFP are “EXPERTS” at telling you the “half truths only!!”

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

The Mozambique authorities were very obliging with these meetings with help by DFAT in Tofo/Inhambane with the health minister and the crime scene doctor and Prosecutor with the AFP/SLO taking detailed notes. If this is not cooperation and they are willing to give vital information to our authorities above I don’t know what is regarding Mr Cain's findings!!!!!  Imagine if the AFP had sent the Mutual Assistance Request (MAR) in 2016/17 what difference and opportunities this could have made early on with the murder of our daughter’s investigation!! You can now understand just how way “off the mark” Mr Cain’s findings are here!!

The big advantage 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 in supporting a third world country without these resources to fully investigate a homicide!! However for the transfer of evidence officially for the courts requirements this requires the official mutual assistance request for a joint operation to be in place for transfer of any trace evidence to be analysed between our two countries as the Mozambique Government has officially stated they will only accept. I did try very hard to explain this to the Coroner Mr Cain at my oral submissions on the 11th December 2023!!! There were security provisions in place until their instruction phase was completed but this was “ONLY referring” to the transfer or release of their “CASEFILE” for the Coronial proceedings as stated in an official letter to Mr Cain. I did try to explain these facts as well to Mr Cain as it was always possible to have transparency and direct cooperation with the implementation of the Mutual assistance request in the EARLY stages in 2016/17.

Mr Cain made it clear at the start of my oral submissions that he had already written his findings and basically made up his mind beforehand!! However he did say before he officially finalized his findings he was waiting to hear what I had to say in my oral submissions. I asked officially for the video of my Oral submission by letter with Mr Cain but he refused to release the court's “VIDEO”!! Therefore we only have the court’s transcript which is on this website as a blog of my oral submissions on the 11th December 2023 directly communicating with the coroner Mr Cain. 

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

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

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

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

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

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

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

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

In the Australian Attorney-General’s defence, and given the proven factual evidence

showing that the AFP misled the coroner’s court, I strongly suspect that the AFP has

also not informed the Australian Attorney General of all the facts in this case!!! The

evidence clearly shows that the Mozambique authorities had classified EllY’S death as

a homicide well before May 2023, as documented in two official Mozambique SERNIC

police reports and the autopsy report, all of which unequivocally confirmS thaT eLLY’S

was CLEARLY CLASSIFIED a victim of homicide.

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

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

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

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.

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

What adds more weight is my oral submissions as the AFP Lawyer directly misleads the coroner Mr Cain here again mentioned above with the Mozambique police report which is documented in the oral submissions transcript 11th December 2023!!

What’s “very important here and must be strongly noted,” is 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 good enough by the AFP, Mr CAIN, DFAT and the Australian Attorney

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

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

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

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

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

inquest!!

Elly’s family as you can see from this summary so far, has solid factual evidence here

proving untrustworthy behaviour by all concerned with the case at some level or

point in time for different reasons or Motives!!! It does not stop here either as futher

facts below in my summary unequivocally prove!!

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

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

Private investigation in 2018

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

In this clear photo it is crystal clear evidence of an assault as Elly is laying flat on a firm sandy pathway next to a toilet block with her “top completely ripped apart and underwear around her knees”. Two witnesses at 6.30am said they saw 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 is more vital “COVER-UPS” which I did not “DISCOVER” until later on after my first trip which is explained further below. The family has solid factual evidence which proves these facts without question!!

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

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

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

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

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

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

Further Cover-ups

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

by all authorities concerned”!!

First of all I need to reiterate that the main official Mozambique SERNIC police report in 2020 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!!!

I need to reiterate that a photograph taken by the local fisherman at 5:00am shows Elly’s body exactly as it was found. The fisherman was the first person to discover Elly’s body and he had taken a critical photo at this time. The photograph shows that Elly’s top was completely destroyed and ripped from her right shoulder all the way down the side of her top. This image, showing the ripped-apart top, is not disclosed in any official Mozambique police or doctor reports, raising serious questions about what occurred at the crime scene before the doctor and investigating team arrived around 9:00am from their headquarters in Inhambane.

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 18 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” circumstantial evidence, as the facts prove

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

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

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

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

when the main Mozambique crime unit attended the crime

scene that morning with the doctor!!!

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

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

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

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

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

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

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

“expose the truth 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 time” at the inquest, a turning point that completely shattered the proceedings for Elly’s family. At the heart of this lies the Honorary Consul’s official statement to the Coroner’s Court on 19 July 2023. In that statement, he claimed that after leaving Tofo he had no further involvement in the matter, except for contact two years later. What he did not disclose neither in writing nor in his oral evidence is that after leaving Tofo, he received by email from the fisherman the “clear version” of the critical crime scene photograph.

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 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 could have 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 under the carpet? I must reiterate: this clear

version of the crime scene photograph, taken by the fisherman, is not mentioned in any

official statements from the AFP/SLO based in South Africa, the Australian Honorary

Consul, or in any police reports from Australia or Mozambique. I have asked the

question: “why is it not mentioned in any official statements or reports?”—and no one

has been able to answer. Yet, the existence of this photograph exposes the cover-ups,

including the ripped-apart top, making its exclusion all the more glaring.

The factual court transcript is included below, confirming all the facts outlined above and proving without question how the clear photograph was handled, and the exclusion and misleading statements made by the Honorary Consul at the inquest.

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

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

21. provide the photo by some other means

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

23. any follow-up. I don’t know.

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

Transcript page 128;-

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

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

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

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

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

11. anything or seen anything regarding the case since

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

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

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

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

involvement!!!)

Transcript page 117;-

2 Honorary consul;  I stayed there overnight and returned to

3 Vilankulos the following day. This was the only

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

5.years later with the Mozambique police in Maputo.

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

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

Also Transcript page 281;-

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

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

13, MR WARREN; YES YOUR HONOUR

It must be strongly noted here;

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

The big issue 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 from the case due to the undetermined finding from his Melbourne VIFM pathologist!!

In 2017, I told the Melbourne pathologist at a meeting with the family that Elly’s airways were “packed” with sand. The pathologist’s response was:-

“Who said the sand was packed?”

I told the melbourne pathologist that it was Dr. Klepp, when I had spoken with her over the phone a few days after Elly’s death. I also informed him that Dr. Klepp suspected foul play, and I mentioned the email from DFAT, taken from the Embassy staff in Pretoria, which confirmed the above. By reading the summary above, you will see the important email in which Dr. Klepp stated that the evidence indicated Elly’s head had been held down in the sand. As I have said, the meeting with the Melbourne pathologist and three AFP officers in September 2017 was fully recorded with consent, so everything stated here is 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 27 May 2024 outlining the family’s concerns, but to date, there has been no reply. This report is also available online.

At the 7 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, they had acquired the clear photograph from DFAT on 24–25 November 2016, holding it for 14 days before handing it to the Mozambique Chief of Police on 8 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 22 November 2016, 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 supported that a crime had occurred and that a Mutual Assistance Request (MAR) should be considered!!

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, no MAR has been sent, despite the AFP being aware of this option at the 2017 meeting.

Everything stated above is recorded and factual, highlighting the AFP’s withholding of critical information from the family and pathologist at a decisive points 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 they use an “unofficial police-to-police” approach, but this is limited, informal, and cannot allow them to directly assist in another country’s investigation. Even if possible, the AFP’s handling of evidence demonstrates they cannot be fully trusted to pursue the case properly anyway!!

The MAR is the official, government level authorization designed for such assistance but it was never sent. From the start, the AFP and Australian Government were never serious about pursuing this our daughter’s case faithfully!! Critical evidence was withheld from both the coroner and the family, because its disclosure would have reinforced that Elly’s death was a crime in 2016/17. Classifying the death as a crime is the mandatory requirement for the AFP to review and submit an official MAR.

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 20 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.

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, a serious procedural incident occurred. My barrister requested that the doctors be cross-examined separately, a request Mr. Cain said he would consider. He then adjourned to chambers. My legal team was deeply concerned when Mr. Cain was followed into chambers by a person who was not a court representative. Upon returning, Mr. Cain denied the request. This decision was a major setback, as separate cross-examination was critical to addressing contradictions between the VIFM pathologist’s findings and the evidence confirming sand was present. My barrister advised that this incident alone provided grounds to seek Mr. Cain’s removal, but doing so would have required a new inquest and further prolonged the family’s trauma. We therefore chose to proceed.

There were also serious issues with witnesses. Despite Mr. Cain acknowledging earlier that there were gaps in the evidence, he excluded several key witnesses. Most alarming was his initial refusal to call Dr. O’Donnell, the radiologist whose evidence objectively confirmed the presence of sand prior to the inquest. Only after strong representations from my lawyer did Mr. Cain reluctantly allow Dr. O’Donnell to testify. The court transcript (page 129, 23/08/23) confirms this reluctance, with Mr. Cain!!

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

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

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

31, here because your client requested it.

Mr. Cain also restricted the AFP to one witness only, despite the evidence spanning seven years. The AFP nominated Commander Smith, who had been involved in the case for only one year. As a result, he had no knowledge of decisions made during the critical 2016/18 period, including evidence handling and the failure to pursue a Mutual Assistance Request (MAR). This effectively prevented the family from obtaining answers about the most crucial stage of the investigation and worked entirely in the AFP’s favour!!

In the weeks leading up to the inquest, the family faced further serious uncertainty. Dr. Klepp had not agreed to give evidence and 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 would have come from the Melbourne VIFM pathologist, who had reported the cause of death as undetermined and stated that he found no sand whatsoever!!

As it turned out, Dr. Klepp and Dr. O’Donnell gave compelling evidence. This resulted in Mr. Cain changing the Melbourne pathologist’s conclusion from undetermined to death by aspiration of a large amount of sand. However, the evidence supported a more accurate 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.

Dr. Klepp also 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, taken prior to the Melbourne autopsy on 22 November 2016.

Despite this, the Melbourne pathologist stated in a recorded meeting in September 2017 that he found “no sand whatsoever”, and this critical evidence was not addressed in Mr. Cain’s findings. It must be seriously noted that I informed both the AFP and the Coroner’s Court of Dr. Klepp’s findings as early as 2016, and repeatedly urged them to formally engage with her. This is recorded in the 2017 meeting with the Melbourne pathologist. These facts were known, yet ignored.

Dr. O’Donnell suggested at the inquest the theory that the body may have been in water. However, at no point did any autopsy identify water in Elly’s lungs. In 2016, over our phone conversation I had asked Dr .Klepp had Elly been in water and Dr. Klepp confirmed to me that there was no water present in her airways and that Elly died from aspiration of a large amount of sand during life. She further stated that the evidence suggested foul play, pending toxicology results.

Despite the compelling medical and radiological evidence, much of this critical material was excluded from the coroner’s findings. This exclusion, combined with restricted witnesses, procedural decisions, and acknowledged gaps in evidence, fundamentally undermined the family’s ability present it full case. However, much of this critical material was excluded from the coroner’s findings. This exclusion together with restricted witnesses, procedural decisions, and acknowledged gaps in the evidence fundamentally undermined the family’s ability to fully present its case.

Ultimately, the compelling medical and radiological evidence given by Dr O’Donnell and Dr Klepp led Mr Cain to change the Melbourne pathologist’s conclusion from undetermined to aspiration of sand. However, the evidence supported a far more precise finding: aspiration of sand that had packed and obstructed the airways, chockablock.

Given the seriousness and gravity of this case, 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. I repeatedly informed the AFP and the Coroner’s Court in 2016/17 of Dr Klepp’s findings, and again at a recorded meeting with the Melbourne pathologist in September 2017 attended by AFP officers regarding her conclusions, including that sand had packed and obstructed the airways, with visible marks and abrasions around Elly’s mouth and lips. This critical information was known, recorded, and yet completely ignored. The Melbourne pathologist had never seen Dr Klepp’s autopsy photographs, despite the AFP possessing them, which clearly documented all abrasions and bruising. As a result, this vital evidence was entirely absent from his findings, exposing a profound failure by Australian authorities to properly handle, share, or act upon evidence of immense relevance.

For a case of this severity, this level of inaction and exclusion is not just shocking it is “wholly” unacceptable!!!

The extract below from the inquest transcript demonstrates Dr. Klepp’s exceptional expertise and credibility. It also exposes the shocking failure in judgment by the Australian authorities and the Coroner’s Court, which directly impacted the accurate determination of Elly’s cause of death as early as 2016!! Even after I informed them that Dr. Klepp had told me Elly’s airways were packed with sand a detail central to understanding how she died they did not communicate with her or take the initiative to discuss her critical findings!!

(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 far exceeding that of 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—they would have obtained crucial factual evidence. This included the packed, chockablock sand in Elly’s airways and the marks, abrasions, and bruising on her face and lips, all indicating highly suspicious circumstances surrounding her death.

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 her 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 airways 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 11 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, 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 14 November in Maputo—which evidently left much of the sand intact for Dr Klepp—her examination on 16 November in South Africa still revealed fully obstructed airways. Dr Klepp confirmed in evidence that the airways were “CHOCKABLOCK” when she received the 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 20 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 could determine with confidence that the homicide did not occur where her body was found, reinforcing that the circumstances at the discovery site cannot explain the sand aspiration in her airways.

The description in the report clearly shows that Elly’s head, face, and nose were on the soil, with her body lying flat and her arms folded in a V-shape against her face. This aligns with the clear crime scene photograph I provided to Chief Inspector Cudzi during a meeting at the PIC headquarters in October 2018. Despite this, the report does not reference the clear photograph or the ripped-apart top, which raises serious questions about the completeness and accuracy of the official documentation.

It is also relevant that two mobile phones containing photographs of the scene at 9:00 am on 9 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 11 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 Klepp’s inquest evidence reinforced this conclusion. She confirmed that it was impossible for Elly to pack her airways chockablock while lying in the position shown in the clear photograph on a firm, hard surface. Independent advice from another pathologist, Dr Byron Collins, fully supported Dr Klepp’s conclusions after reviewing the crime scene photograph and the evidence of chockablock sand. Dr Collins had also previously concluded, in a report provided to then-coroner Mr Bracken in 2020/21, that it would have been impossible for Elly to compromise her airways in this body position and at this location.

Despite this, Mr Cain rejected Dr Collins as a witness, even though my barrister highlighted him as a vital independent expert. Instead, Mr Cain approved only a peer review by VIFM doctors, a decision the family strongly objected to due to a clear conflict of interest, which he dismissed, citing his confidence in his own pathologists.

Yet, in his findings, Mr Cain concludes:-

“On the Available evidence i am unable to determined if Elly asperated sand at the location where the dody was found or at another location and moved post-mortem

This conclusion contradicts the compelling evidence from Dr Klepp, Dr Collins, and the Mozambique police report, all of which confirm that the body was moved post-mortem and that Elly could not have inhaled sand to the degree observed while lying flat on the firm surface. In referring to the gaps in evidence, Coroner Mr Cain stated he required the Mozambique casefile to obtain further information. Yet, paradoxically, he excluded three critical witnesses from the proceedings, including the independent pathologist Dr Byron Collins, who had provided an updated report during the inquest. Dr Collins’ report addressed fundamental unresolved issues, including the physical impossibility of Elly aspirating sand to the degree observed while lying flat on a firm surface at the toilet block, confirmation that the body had been moved post-mortem consistent with the Mozambique police report of homicide dated 20 August 2020, independent verification of Dr Klepp’s findings—particularly the chockablock sand in Elly’s airways and lungs—and a professional opinion demonstrating that the circumstances of Elly’s death could not have occurred accidentally, strongly supporting evidence of foul play.

Excluding Dr Collins, along with the other two witnesses, systematically undermined the family’s ability to fully present their case, leaving critical gaps unaddressed despite the acknowledged need for further evidence. As Dr Collins stated: “If the court agrees with Dr Klepp’s evidence given, then I am of the belief that the evidence proves Ms Warren was, in fact, murdered.”

We requested that Dr Collins testify at the February 2023 hearing, yet Mr Cain rejected this request, instead ordering a peer review by other VIFM doctors, who had a direct conflict of interest given their close institutional relationship with the Melbourne pathologist. We also requested that Mr Roos, Nicole’s private investigator, who had worked directly with the Mozambique police and was in a position to provide real-time updates on the investigation, be allowed to testify. Mr Roos’ credibility was confirmed in the AFP’s letter to the coroner dated 19 June 2023, which references his prior report, officially submitted as evidence by Coroner Bracken in 2019. Additionally, Mr Charlie Bezzina, a retired Melbourne homicide detective with over five years’ direct involvement in this case, had prepared a formal statement affirming that Ms Warren was a victim of homicide.

All three of these professional witnesses—experts in their respective fields, providing evidence directly relevant to the circumstances of Elly’s death—were systematically rejected by Mr Cain. Each independently concluded, based on the factual evidence before them, that Ms Warren’s death was a homicide. This conclusion is corroborated by multiple sources, including testimony from Dr Klepp and Dr O’Donnell at the inquest, confirmation from the Mozambique Attorney General in May 2023 that Elly’s death was still being treated as a homicide, and two Mozambique police reports along with the official Mozambique autopsy report, all confirming homicide.

Despite this overwhelming evidence, Mr Cain’s findings—paragraphs (f) and (g)—merely state that it is possible Elly was moved post-mortem to the location where she was found at the toilet block, and that it is possible a person or persons unknown caused or contributed to her death. The deliberate exclusion of these 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 at the inquest. 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. He noted, “It’s possible I 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 was inside the body for repatriation to Australia. Remarkably, none of this critical material is mentioned 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.

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 ASSISTENCE REQUEST (MAR).

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

17 September 2025 : -

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

Mutual-assistance request-overview.pdf

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

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

22 August 2025:-

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

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

5 January 2024;-

My oral submissions with coroner Mr Cain;-

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

Photos of Tofo Mozambique