CORRESPONDENCE TO THE coroners COURT




Following is correspondence pertaining to Elly’s case:-

Click to view; -

Note: This is correspondence I have sent to the coroners court. I can’t however publish

any replies from the coroner. Mr Bracken did not reply in writing to most of my

letters, however Mr Cain has.

Early in 2021 I informed Mr Bracken that AFP/SLO Mr Scruton had left out vital evidence from his statement and again by a letter sent on the 17th June 2021. When I informed Mr Bracken of these circumstances with AFP Mr Scruton I was told that Mr Bracken investigated these circumstances and was going to ask Mr Scruton to amend or do a new statement at this time in 2020/21.

I can confirm this because Nicole Elly’s mother informed me that Mr King Taylor (Mr Bracken’s assistant at the time) had told her over the phone the coroner may need to obtain another statement from AFP Mr Scruton. However this has not occurred. Why I don’t know but the facts clearly show that AFP Mr Scruton’s statement is still missing vital evidence that was given to him and he was made aware of in 2016 which he has not disclosed in his statement!! handing this clear vital version of evidence the crime scene photograph, clearly showing the top as ripped apart over to the Mozambique inspector on the 8th December 2016.

Summary table of official letters only in systematic timeline

NB; There was other numerous emails between myself, AFP, and coroner’s court between 2016 and 2019.

To open some letters click on date.

  

  • 18/03/2019 - The first official letter from the AFP to Mr Warren only referring to correspondence I had sent to the AFP. After my trip to Mozambique this confirmed to me the AFP had misled the family and that they had withheld critical evidence from the family and coroner in 2016. I sent correspondence once a week to the AFP asking for a Please explain which the AFP did not reply to. I then decided to send these emails to the AFP with a number of other recipients which then resulted in the first letter from the AFP. However my issues were still not addressed by the AFP; they were ignored. I had also CC’d these emails to the coroner Mr Bracken.

  • 22/03/2019 - Claire Mc Comish assistant secretary DFAT. As I obtained the clear photo from my trip to Mozambique 5 months earlier DFAT felt it necessary to send this letter explaining the circumstances surrounding  the Clear photo. The relevant information is page 2 under Photos and other items.

    This letter also exposed the AFP and Honorary consul as having this clear photo in

    2016 and the AFP handing this clear photo over to the Mozambique authorities in

    2016. I can show you this letter as it was sent and addressed to the family.

  • 10/12/2019 - Official Letter sent by mail to Mr Bracken About The Melbourne Pathologist not finding any sand, after the radiology report found Elly’s lungs and airways full with sand. To open letter it is above in coroner correspondence.

  • 06/01/2021 - Official letter sent by email to Mr Bracken about AFP PII submissions No 40 that a Mozambique government official has stated a joint operation was possible with the AFP.  Mr Bracken then at a hearing later in February 2021 asked the AFP to send an official request but later it was discovered by the family that the AFP only sent a personal letter not the official MAR. To open letter it is above in coroner correspondence.

  • 16/02/2021 - Official Letter sent by mail to Mr Bracken AFP misleading family and coroner. Asking for the AFP to be taken off the investigation and the Victorian homicide division to take over. To open letter it is above in coroner correspondence.

  • 11/02/22 - Official letter sent by mail to Mr Cain as he had taken over from Mr Bracken. This letter informed Mr Cain of all the family's issues. Also family submissions on case and AFP were also forwarded to Mr Cain giving him all the background facts with the matter.  To open letter it is above in coroner correspondence.

  • 16/06/23 - letter from Australian solicitor answering some of my questions to the

    AFP. this letter is “Classified”.  This letter confirms some critical spects and further

    exposes the AFP and Honorary consul. This letter has some vital information

    however i can’t really allow you to see this letter as its been make classified by

    the coroner. However i will say that the AFP admit to obtaining the clear version

    of the crime photograph on the 25th November 2016 in this letter. This is the very

    first time the AFP has officially admitted this seven years after our daughter’s

    murder!!! this letter confirms and is concrete evidence that the AFP had the clear

    crime scene photo taken at 5am on the morning of the 9th November 2016 by the

    fisherman, clearly showing the ripped apart top and my daughter’s half naked body

    laying flat face down on a path way to the toilet block. The AFP had not inform or

    reported this critical evidence to the coroner in 2016/17/18!!!

  • 19/06/23 - letter to Mr Cain from the AFP. This letter is also “CLASSIFIED” NB:-

    At a hearing in February 2023 Mr Cain told the AFP to “ MOVE HEAVEN AND EARTH FOR

    THE FAMILY.” Prompting the AFP to send Commander Smith over to Mozambique in May

    2023. Seven years after our daughter's murder!! The Mozambique Authorities have

    confirmed for the second time that it is a homicide and that they require the

    official MAR for Australian Authorities to obtain their casefile “only”.  This proves

    how much the Mozambique Government respects the process of the Official MAR!  As

    Australian gives “AID” to Mozambique it then holds weight when our Australian

    Attorney general (AG) sends the official request. this makes it very difficult for the

    Mozambique government to say no to the official MAR to offer our assistance with

    the susphious death of an Australian citizen in their country!! however the AG has

    never sent the official MAR to this day!!!

  • These Two official Classified letters above 16 & 19 June 2023

    exposes the factual evidence and forms part of my 164 pages

    of supporting Facts BURDEN OF PROOF. to establish the truth.

    This is mention on the home page.

  • 19/7/2023 - official letter sent by email to Mr Cain with the family concerts about the current peer review process on Dr. Lynch's reports and  supplementary report.  Conflict of Interest. The coroner had stated he would have an independent pathologist assess and review all medical evidence at an earlier hearing and this did not occur as this was assessed by other VIFM doctors under the wing of the coroner’s court!!!! To open letter it is above in coroner correspondence.

  • 09/08/2023 - Official letter sent by email from my lawyer to Mr Cain about AFP update 19 June letter to Mr Cain stating Homicide by the deputy Mozambique attorney general and asking Mr Cain to reconsider Dr O’ Donnell (Radiologist) as a witness. A week later Mr Cain agreed by letter email to add Dr O’Donnell as a witness for the inquest on 22/08/2023. To open letter it is above in coroner correspondence.

  • From 2022 until the inquest there were numerous emails between the coroner’s court and my Lawyer Hall & Wilcox.

  • 27/5/2024 - Email sent to the AFP commissioner and relevant ministers (My Response report to AFP statement) see blogs on this website.

  • 23/8/2024 - Email report sent to all relevant ministers (discrepancies and inconsistencies) NB: you have two dates here I think this is the same Documents and same email. see blogs on website this website

  • 23/8/2024 - Email by me in response to AFP letter to the Commissioner informing the AFP that the deputy Mozambique attorney generally was only talking about the MAR for the release of their casefile only as the MAR can be sent anytime to offer assistance with the case with the matter. The MAR act states it has different powers for different elements where countries can help each other. Therefore opening the door for an Official MAR to be sent anytime not just for their casefile.

  • 23/8/2024 - Email sent to AFP Kylie Hemiak AFL/SLO also asking for a response to my report sent on 27 May, 24.

  • 25/8/2024 - Email sent to Commonwealth Ombudsman My report.  see blogs on website this website C/O report.

  • 10/09/24 - Email letter to PM, Cabinet report to Commonwealth ombudsman See blogs

09/08/2023,

below, requesting Mr Cain to reconsider the Radiogoloist Dr. O Donnell as a witness for the inquest.

2 Proposed witness list


2.1 We have had an opportunity to consider the proposed witness list provided to our office on 3 August 2023. We are instructed to request that the Court reconsider its decision not to call Dr Christopher O’Donnell as a witness at the inquest in this matter.


2.2 Mr Warren is concerned that the absence of Dr O’Donnell as a witness in this matter may lead to the questions of whether sand was present in Ms Warren’s lungs, trachea and larynx, the volume of sand present and the likely impact of that sand on Ms Warren’s cause of death, being underdeveloped at the inquest. The radiology report prepared by Dr O’Donnell is complex and we consider the Court would be assisted by Dr O’Donnell being able to fully explain and clarify the matters contained within his report.


2.3 Mr Warren considers the presence of hypertense foreign material in areas of Ms Warren’s lungs, larynx and trachea as identified in the radiology report as critical evidence relating to Ms Warren’s cause of death. We understand that the bright white areas in the images produced in Dr O’Donnell’s report are of very high density. On this basis it appears that the sand identified in Ms Warren’s lungs, trachea and larynx is denser than some of Ms Warren’s bones in the surrounding areas. In our view, this suggests that there may have been a significant blockage to Ms Warren’s airways. This is relevant to determining Ms Warren’s cause of death.


2.4 Further, we understand that the density of the material identified on the scans, may be quantified using the Hounsfield system of measurement. For example, in his report, Dr O’Donnell has allocated a density of 1290 HU to the material located in Ms Warren’s larynx. The ability to quantify the density of the material identified in Ms Warren’s airways may have significant bearing on determining Ms Warren’s cause of death. The Hounsfield system of measurement is not explained in Dr O’Donnell’s report and accordingly there is no material presently before the Court which explains what conclusions can be drawn from the density values Dr O’Donnell has ascribed in his report.


2.5 Finally, Mr Warren feels that Dr O’Donnell is the most appropriate person to speak to the contents of his report and opine on the likely density of the material identified in the images contained within that report. This belief is supported by the fact Dr Lynch in his report dated 5 July 2017 was only able to identify some residual sand in Ms Warren’s trachea and bronchi. Further, Dr Lynch’s supplementary report dated 19 September 2019 states that ‘it is not possible to quantify the amount of sand identifiable on the CT images.’ Accordingly, any clarification regarding the likely quantity of sand found in Ms Warren’s airways will require Dr O’Donnell’s evidence as to the Hounsfield system of measuring density and the meaning of the density values attributed to the material found in his report.

Elly Rose Warren