Statement of Paul Warren dated 23 August 2023
Your Honour I appreciate this opportunity to address the court today.
I would like to thank your Honour for asking the AFP to move heaven and earth for Elly’s family. This has generated the updated information from the Mozambique criminal investigation police. Elly's family has struggled desperately in the fight for Justice and answers to find the circumstances surrounding the suspicious death of our daughter Elly Rose Warren, since she was taken from us over seven years ago.
The family has felt we have had our backs against the wall right from the start having no option but to operate and run our own investigation to seek the answers to our daughter’s death. This struggle was made even more grueling as Elly’s death happened in a third world country where there are limited resources and communication channels to find the answers and factual circumstances connected to our daughter’s death.
We have felt we have had little support from the Australian government and AFP. The Australian Federal Police do have some jurisdiction as their action sheet is evidence of this. However, it seems when the AFP had become aware of the deception from the Mozambique authorities in 2016 it became a diplomacy issue which the AFP wanted to avoid. We have had little assistance from any Australian authorities to find justice and answers to the death of our lovely daughter.
The AFP only became directly involved when His Honour recently asked the AFP to “move heaven and earth” for Elly’s family to seek the answers.
As a result, the AFP travelled to Mozambique earlier this year and obtained the latest update that our daughter’s death is a homicide. They have suspects but do not have enough evidence to charge anyone at present.
We are extremely devastated after recently becoming aware that the Deputy Mozambique, Attorney General, has advised that the only way the coronial inquiry in Australia could officially acquire their casefile, would be through a mutual assistance request.
As your Honour is aware, the family has been appealing to the Australian Federal Police and Government for over six years to send an official Mutual Assistance Request to the Mozambique government.
The fact the Mozambique authorities have advised that the casefile is only available through an official mutual assistance request confirms the fact it was always possible to ask for a mutual assistance agreement between the two countries in 2016.
A mutual assistance request would have been for a joint operation, sharing of information, and to offer our professional assistance for forensically testing the material trace evidence, particularly with any DNA evidence extracted from the body, fingernails, and clothing. Notably, my daughter’s ripped apart top if it was found for comprehensive forensic testing by Australia. The Mozambique authorities do not have the capabilities for DNA testing of this caliber.
It is totally unacceptable that the Mozambique Government has now needed to ask our Authorities to send them a mutual assistance request to officially retrieve their casefile. This should have been done in 2016.
This validates the fact it was always possible to ask for a mutual assistance agreement between the two countries in 2016.
Australian families need to realize they are on their own when faced with the loss of a loved on overseas, particularly when their loved one’s death happens in a third world country.
Elly’s family is also very disappointed with the work of Dr. Lynch, the Melbourne Pathologist. We feel he has missed determining the true cause of our daughter's death.
The facts indicate he has missed vital pieces of evidence during his examination, including a lady’s sanitary item when he performed his Autopsy examination in 2016.
The South African Pathologist Dr. Klepp has informed the court that she removed the item and placed it in a plastic bag, which was then placed inside my daughter’s body for transport to Melbourne. Dr. Lynch’s has recently stated that after removal of the lady’s sanitary item he would have taken a swab sample given the circumstances. This reinforces the importance of this vital trace evidence which should have been forensically tested in 2016.
Further, Dr. Lynch’s autopsy was performed in circumstances where he was not given critical evidence which the AFP had obtained in 2016. The clear version of the photo depicting Elly’s body in situ and the South African autopsy photographs were not provided to Dr. Lynch or to the court until much later.
The family is very disappointed with the present system's lack of support and care for families which find themselves having to face the same devastating circumstances. Elly was a proud young Australian citizen on a voluntary work consignment and deserved a far more diligent and professional level of commitment by the relevant Australian government agencies to support Elly’s family in a time of desperate need.
Thank you, your Honour