27th May, 2024
To the AFP Commissioner, Australian Prime Minister, Victorian Premier, Australian Attorney General, Victorian Police Commissioner, other relevant government agencies and those people with past relevant connections concerned with the matter.
My daughter Elly Rose Warren was murdered in a foreign country, Mozambique in 2016. We have recently had an inquest into my daughter’s death by the Honorable Mr Cain in August last year.
As Elly Warren’s father I have become aware of a recent statement released by the Australian Federal Police following the inquest into my daughter's death.
At the inquest in my oral submissions Mr Cain has stated clearly that the issues I have with the AFP are outside the scope of his investigation with the inquest on the Elly Warren matter.
Mr Cain informed me that any concerns I have with the AFP I will need to take it up with the AFP. As the AFP have now made a recent statement on the matter I have responded with my own relevant factual points of reference.
It must be noted that both coroners Mr Bracken and Mr Cain, were totally informed and aware of all concerns and issues I had with the AFP. This was via correspondence, statements, affidavit, letters and emails that I had sent to both coroners over the last seven years of the Elly Warren colonial investigation.
Below is a statement from the AFP after the inquest of my daughter Elly Rose Warren which I have recently been made aware of, followed by my replied response.
START~
The AFP made numerous offers of assistance to Mozambique authorities and liaised closely through police-to-police channels following the death of Elly Warren in November 2016. The AFP’s investigative actions in Australia and via our International Network in this matter were carried out in support of the Victorian State Coroner.
A Mutual Assistance Request can be made by the AFP in criminal matters in a foreign country. The AFP will consider the circumstances of the criminal matter, including the nature of the incident, the location and the AFP’s relationship with local law enforcement authorities. In relation to Elly Warren’s death, the AFP offered significant levels of support to Mozambique authorities investigating, including on-site meetings with authorities and regular communication.
The AFP was concerned with the death of an Australian citizen in a foreign country, and exhausted efforts to help provide a resolution for Elly Warren’s family and loved ones on behalf of the Victorian State Coroner.
The investigation into the death of Elly Warren was the jurisdiction of Mozambique authorities. The AFP, which represents all law enforcement agencies in Australia, offered support in any form of criminal investigation.
An AFP Senior Liaison Officer made representations to authorities in Mozambique to retrieve Elly Warren’s belongings immediately following her death in 2016, and again in 2017.
The AFP has people on the ground in more than 30 countries. The AFP is committed to engaging with the foreign law enforcement community and will continue to leverage the AFP’s relationships and vast capabilities to support Australians at home and abroad.
This matter has been heard before the Coroner and the findings have been published – please refer to these findings for further information on this matter.
~ END
My response to the recent AFP statement.
These are all facts which I can support
The AFP confirms in the above statement numerous offers of assistance were made to the Mozambique authorities in November 2016, however in 2016/17 the family was not informed or made aware of any formal offers, or any offers, made from the AFP to assist the Mozambique authorities. The family was informed by the AFP that they can’t become involved with another country's investigation as the Mozambique authorities had jurisdiction over the case. I was informed of this on the 19th December 2016 by two AFP/SLO officers at my home. There was no mention at this meeting on the 19th December 2016 of any offers of assistance sent to the Mozambique authorities in November 2016 as stated in the above AFP statement. I was made aware at this meeting that the AFP can’t get involved as the Mozambique authorities had jurisdiction over the investigation and of the Mozambique autopsy conclusion that it was a violent death, Homicide. I was also informed that the Melbourne pathologist with his autopsy conclusion of undetermined, that the coroner normally under these cirumstances will support the Melbourne doctor. This was also followed by two letters sent to me from the AFP over the years also informing me that the Mozambique police had jurisdiction over the case.
I did not accept this situation that the AFP could not directly assist with my daughter’s suspicious death, helping an Australian family in crisis in a time of need. I could not accept the Melbourne doctors autopsy conclusion as undetermined, when the Mozambique Autopsy had concluded homicide. Additionally, the South African pathologist informed me of the cause of death as aspiration of sand, and that she suspected foul play at this very early stage. This was during a phone conversation with the South African pathologist 11 days after my daughter’s death on the 20th November 2016.
This was a highly suspicious death of an Australian citizen in a foreign country at the time and any offers of assistance from Australian authorities to other countries authorities should have been conducted in a professional, formal manner by the AFP with the Mozambique Attorney General.
I complained to the AFP for years for them to become directly involved with my daughter’s case. I sent letters, emails and statements to both the AFP and coroner’s court. Both coroners Mr Bracken and Mr Cain, were fully aware of my efforts, as they both had been given all the email trace correspondence which I sent to the AFP and with my statements and affidavit. This information is all on this website as facts sent to the coroner’s under correspondence.
This left me with the only option I had remaining back in 2017, which was to investigate my own daughter’s murder with no direct help from the AFP whatsoever. This also left Nicole and David Cafarella, Elly’s mother and step father, no choice but to later set up and manage their own investigation using a well known, highly respected and credible private crime investigation law enforcement organization in South Africa which asked the AFP for support and help on the case but the AFP refused. This crime organisation is well respected by the Mozambique authorities and Interpol, working with Interpol and the Mozambique authorities on other cases. They were also actively working alongside the Mozambique authorities on Ms. Warren’s investigation in 2018/19. The coroner’s court accepted this crime organisation's report as evidence as it’s entered into the coronial brief.
The AFP has acknowledged by official correspondence sent to Mr Cain before the inquest, that they had received the critical evidence of a clear version of the crime scene photograph on the 25th November 2016 from DFAT. This clear version of the crime scene photo which was taken by a fisherman at 5am on the 9th November 2016, clearly depicts vital evidence including my daughter’s top she was wearing at the time of her death as torn apart to such a degree it is destroyed. This clear explicit photograph showing my daughter’s half naked body with her top destroyed ripped from her right shoulder all the way down her right side gravitates towards my daughter's death as highly suspicious in 2016. My daughter was a proud Australian citizen and this matter should have been treated with more respect by the AFP in 2016 with the options that were available to the AFP at this time.
I reiterate, in the AFP statement, and recently at the inquest, the AFP has confirmed that the formal mutual assistance request (MAR) was in fact possible in 2016. As this evidence was stated at the inquest by the AFP commander’s evidence given. The Commander states the option was available to formally offer assistance to the Mozambique authorities in 2016 once a crime was established! The family was never informed of these circumstances in 2016/17.
Due to the serious nature of these suspicious circumstances any request for our assistance should have been conducted in a formal professional manner with the Mozambique government in 2016.
On both occasions that the AFP were involved officially with an offer of assistance to the Mozambique authorities or their Government it was instigated by the coroner’s court. First by Mr Bracken at a hearing in 2021 to send a request to offer our assistance. Secondly by Mr Cain, asking the AFP to move heaven and earth for the family seven years later in 2023, finally integrating a direct response by the AFP in going over to Mozambique in May 2023 seven years after our daughter’s death!!
A CRIME WAS ESTABLISHED IN APRIL 2017 BY SERNIC.
The below facts prove a crime of homicide was established by (SERNIC)!
The confirmation facts proving this was a crime which are the requirements of the AFP to send a Mutual Assistance Request are from SERNIC. This police report with the SERNIC letterhead states Homicide given to the AFP on the 10th of April 2017. This is from “Deputy Police Superintendent” Januario Bernardo Cumbane from “SERNIC” the highest criminal police authority in Mozambique endorsing in writing on a police report that my daughter’s death is in fact a Homicide, therefore clearly confirming that a crime had taken place as early as the 10th April 2017 to the AFP. It is taken from their Mozambique autopsy report, but it is written on a Mozambique police report, Officially Endorsing their conclusion to their own autopsy report from their top National Criminal Investigation Agency that my daughter’s death was in fact a Homicide in April 2017.
We have an Mozambique autopsy report which concludes homicide and a SERNIC police report also concluding homicide in April 2017. The AFP are informed again seven years later it is still officially a homicide on the 19th May 2023!!!
The AFP has clarified in their action sheet on Pg. 13 below. (which is a chronological turn of factual events in time on the case for the first two years). They were given this SERNIC police report from DFAT's Senior Liaison Officer (SLO) by email to the Superintendent Australian Federal Police/Senior liaison officer (AFP/SLO) on the same day the 10th of April 2017. Both officers were stationed at Pretoria at the Australian embassy in South Africa in 2016/17.
This is all mentioned in detail in my oral submissions with Mr Cain where the lawyer for the AFP claims it’s from an autopsy report however it is printed on a Mozambique police report endorsing the fact it is a Homicide early in 2017.
The AFP has misinformed Mr Cain at the inquest as the Lawyer for the AFP has stated incorrectly in his submissions to the coroner’s court on the 18th September 2023 No18 (B) Pg 7. The AFP’s Lawyer states:- ‘At No point before 19th of May 2023 has the Mozambique law enforcement authorities stated that Ms. Warren's death was a homicide no police officer has ever said that'. This police report from (SERNIC) is endorsing in writing that the death of my daughter Elly Rose Warren is a crime of homicide on the 10th April 2017 which is well before the 19th May 2023!!
The Mozambique government and authorities had now informed the AFP for the second time on the 19th May 2023 that Ms. Warren's death was a Homicide. The first time being the police report from SERNIC in April 2017.
MOZAMBIQUE AUTHORITIES COOPERATION AND ASSISTANCE
The AFP Commander has stated in evidence at the inquest that several attempts were made to offer assistance to the Mozambique authorities with no response therefore there was no cooperation or assistance from the Mozambique authority or any police to police operation on this basis whatsoever.
However the Mozambique Inspector of Police in charge of my daughter’s case was very helpful in the early stages of the investigation. The inspector liaised with the AFP/SLO Superintendent in a police to police fact finding assignment attending meetings recording detailed notes obtaining vital evidence in the process all entered into his AFP/SLO’s action sheet. Therefore opening channels of cooperation and assistance supporting the state coroner’s coronial investigation with these cooperation channels as stated in the above AFP statement. The Mozambique inspector also provided the critical evidence of their Mozambique autopsy report to the AFP/SLO and numerous productive meetings and emails between the AFP/SLO and the Mozambique inspector of police with information and vital evidence exchange. It clearly states in the above statement that the AFP/SLO superintendent had:-‘ liaise closely through police-to-police channels following the death of Elly Warren in November 2016’.
However in evidence given at the inquest the AFP/SLO states and clarifies that the “Mozambique inspector was very unhelpful”!!
The corporation and assistance from the Mozambique authorities in November 2016 is supported and stated in DFAT’s SLO statement, as she attended all meetings with the AFP/SLO meeting with the provincial director of health who invited them both to a meeting with the examining doctor which is showing a good positive rapport and response by the Mozambique authorities allowing both SLO’s to speak directly with the crime scene examining doctor taking detailed notes of this conversion with the doctor. These detailed notes from the examining doctor are in the AFP/SLO action sheet on pages 7-8.
The meeting with the examining doctor was obviously pre-arranged by the Mozambique provincial director of health adding further weight to the full cooperation by the Mozambique authorities willing to assist in the very early stages of the investigation in 2016.
AFP/SLO and DFAT’s SLO had both met with the head prosecutor on the same day. The meeting with the head Mozambique prosecutor informed the AFP/SLO Superintendent and DFAT’s SLO of some critical evidence on the 18th November 2016 and states:- “That he had been advised the Cause Of Death was due to sand in the mouth consistent with preliminary South African autopsy results.” These facts and more are on Page 8 of the AFP/SLO action sheet.
This is very important as it proves that the AFP/SLO and DFAT’s SLO knew nine days after my daughter’s murder just how crucial the sand was to the cause of death at this very early stage. (Hence the importance of the second sand sample explained below). Obviously the AFP/SLO did not inform the state coroner or Melbourne Pathologist of any of this very important critical factual evidence in 2016/17!!
It's also interesting to note the Mozambique Prosecutor also states the chief Inspector accompanied Ms. Warren's body to Maputo for the Mozambique autopsy holding further weight to the Mozambique inspector having no interest whatsoever in the clothes my daughter was wearing at the time of her death which is also further fully explained below.
Also at the meeting with the chief Inspector in charge at the police headquarters in Inhambane on the same day at 13:40 he had informed both SLO’s of further critical factual evidence at this meeting stating:- "That the death may have occurred elsewhere other than where the body was found”.
The SLO’s had also informed the Chief Inspector they would like to visit the crime scene in Tofo granting them approval and arrangements were made to meet back up again on their return trip from Tofo to obtain some of Ms. Warren’s belongings (clothes) all with no fuss and complete cooperation from the Mozambique Inspector in charge of the investigation. A receipt was obtained and photos taken at time of collection of Ms. Warren’s possessions/clothes.
The Inspector had also shown the AFP/SLO a series of photographs from his mobile phone which depicted the body in situ and surrounding area. The series of photographs continued though to and included the initial examination by the doctor and that these photographs would be included in their photo book in their case file’.
This meeting with the chief inspector has all these facts in the AFP/SLO action sheet page 9. However the other interesting facts are that not only the body was moved after death, but that the AFP/SLO was also able to view the crime scene photographs, which were taken at 9am on the 9th November 2016 and the initial doctor’s examination report.
These facts add further weight to the Mozambique inspector being very helpful or obliging during the investigation in 2016.
This clearly proves the early cooperation by Mozambique authorities was prodigious, forthcoming and of paramount importance, as it was extremely informative factual trace evidence reported to both the AFP/SLO and DFAT/SLO at this very early stage.
However, the State coroner was not informed of this critical evidence from the AFP in 2016. The Mozambique authorities had the factual trace evidence, and reported the cause of death which concurred with their own autopsy report and South African autopsy report to the AFP/SLO in 2016, as stated in the AFP action sheet by the Mozambique prosecutor! This action sheet was only passed on to Mr Bracken at hearings in December/February 2020/21 because the coroner Mr Bracken was made aware of its existence at this time at the hearing in December 2020 and had to ask the AFP for the AFP/SLO’s action sheet.
As all these facts are all in the AFP/SLO superintendents action sheet. These facts contradict the evidence given by the AFP/SLO and AFP commander at the recent inquest that there was no cooperation or assistance from the Mozambique authorities whatsoever.
This also contradicts Mr Cain's findings and comments in my oral submissions that numerous offers of assistance and cooperation were not taken up by the Mozambique authorities, as this was stated in evidence by the AFP Commander that there was no response or cooperation from the Mozambique authorities. With these proven facts and above statement made from the AFP this is clearly not the case.
The early cooperation by the Mozambique Inspector and authorities was never mentioned at the inquest by the AFP witnesses however it was critical cooperation and assistance with vial exchange of evidence which is now only mentioned in the AFP’s above statement.
MOZAMBIQUE INSPECTOR AWARE OF SUSPICIOUS CIRCUMSTANCES IN 2016
As I have mentioned the early cooperation of all the Mozambique officials and authorities is all reported in AFP/SLO Superintendent’s official AFP action sheet in the early stages before the Mozambique inspector in charge had viewed the clear version of the crime scene photograph on the 8th of December 2016 sent by the AFP/SLO.
This is extremely important and critical because this clear version of the crime scene photograph showed the Mozambique Inspector the top was ripped apart making him aware of this vital evidence for the first time on the 8th of December 2016. This subsequently made the Mozambique Inspector in charge of my daughter’s case at this time aware of “Suspicious Circumstances” that had taken place involving the Tofo police officers early that morning on the 9th November 2016. These police officers had taken control of the crime scene at 5.00/5.30am by roping off the crime scene area until the Mozambique Inspector in charge and doctor had turned up at around 9am.
However the Mozambique Inspector and doctor who attended the crime scene at 9am had not reported a ripped apart top which was ripped from the right shoulder and all the way down the right side at the crime scene as a photograph taken by a fisherman at 5am that same morning proves!! Hence the lack of cooperation by the Mozambique authorities and Inspector after receiving the clear crime scene photograph by the AFP/SLO showing the top is clearly ripped apart (Destroyed) in this manner at 5am when the photo was taken. Consequently, the two mobile phones which had taken crime scene photographs on the morning of the 9th November at around 9am by the Mozambique police were both damaged!!
We are to this day not able to view any crime scene photographs taken at the crime scene on the 9th of November 2016 by the Mozambique authorities, only the AFP/SLO had viewed these crime scene photos a few days earlier in person from the mobile phone of the Inspector at the meeting with the inspector on the 18th November 2016. If not for the fisherman’s photograph taken at 5am we would not be aware of the ripped apart top and other critical crime scene evidence which this clear version of this photograph exposes.
The interesting and critical factor here is that the ripped apart top was never mentioned at any of these meetings by the examining doctor or Inspector who both attended the crime scene at 9am on the 9th November 2016. These meetings included the Mozambique initial examining Doctor, Provincial Director of Health, Mozambique Prosecutor and Inspector in charge of the case on the 18th of November 2016 with all these Mozambique officials in attendance and examining doctor at these meetings.
No one knew about the clear version of the crime scene photograph ever having been taken at 5am by the fisherman clearly showing the top was destroyed and ripped apart at the crime scene at this time.
Also the initial doctor, upon examining and removing my daughter’s clothes at the Inhambane hospital, had not reported the top as ripped apart at this meeting to the AFP/SLO when taking detailed notes from the doctor on the 18th November. As I have said this same doctor had also attended the crime scene at 9am, four hours after the photograph was taken by the fisherman at the crime scene at 5am, clearly showing the top was in fact ripped apart at 5am.
There is however other vital evidence stated in the AFP/SLO’s notes in his action sheet, that the same initial examining doctor had found and removed money from Ms. Warren's bra when removing her clothes which she states were “Intact”!! This clear version of the crime scene photograph tells the truth, does it not that the top was in fact ripped apart at 5am!!
I reiterate that both the doctor and Inspector in charge of my daughter’s investigation who attended the crime scene at 9am on the 9th November 2016 have both not reported the top was ripped apart at the crime scene. The inspector and doctor who had later examined my daughter’s body at the Inhambane hospital removing all of my daughter’s clothes have both not reported that the top was ripped apart to the AFP/SLO, DFAT/ SLO or Mozambique officials at these very important meetings on the 18th November 2016 or any time after for that matter?!! These meetings took place nine days after my daughter’s death and it is not recorded in the official notes in the AFP/SLO’s action sheet taken from these very important meetings that the top was in fact ripped apart at the crime scene!! Why has there been no mention of a ripped apart top from the AFP or Mozambique Authorities at all to this day?!!
The AFP were given the clear crime scene photo by DFAT in 2016 and it is very obvious when analyzing this critical evidence that the clear version of the crime scene photo shows that the top is ripped apart from the right shoulder and all the way down the right side. Therefore the AFP having early involvement with the doctor and inspector not mentioning the top ripped apart should have been aware of the “suspicious cirumstances” by the Tofo police after receiving the clear version of the crime scene photograph on the 25th November 2016 from DFAT. Why not then did the AFP acquire this badly damaged top which was obviously ripped apart in November 2016?!!
The AFP had no option to eventually handover the clear version of the crime scene photograph to the Mozambique Inspector as the facts prove the chain of evidence with the clear version of the crime scene was sent to the AFP from DFAT.
Mr Cain in my oral submissions on the 11th December and in a report from the Victorian Police Forensic Laboratory has confirmed the top is damaged and ripped apart in the clear version of the crime scene photograph taken by the fisherman on the early morning of the 9th November 2016 at 5am. Mr Cain clearly comments at my oral submissions that it’s “not in dispute that the top was ripped”
My Daughter’s top however was not ripped apart at 11.30 pm on the 8th of November 2016 as stated by an eyewitness who had seen and talked with my daughter at around this time with evidence given at the inquest. Therefore there is a very high probability that the top was ripped from my daughter’s right shoulder and all the way down her side at the time of my daughter’s death.
THE MUTUAL ASSISTANCE REQUEST – MOZAMBIQUE INSTRUCTION PHASE
With regards to the Mutual Assistance Request this above AFP statement now acknowledges it was always possible for the AFP to send a MAR if it is confirmed a crime has taken place.
As I have stated above this was confirmed as early as April 2017 with an autopsy report and a police report both starting homicide from the Mozambique police authorities and doctors.
The family was never made aware that a review process was possible in 2016/17 to send a MAR as mentioned in evidence by the AFP commander at the inquest in his evidence given. However the information in the AFP submissions and affidavits sent to Mr Cain on this subject is confusing and misleading and even states we have no treaty with Mozambique which never did hinder a MAR being sent. In this correspondence it states that the AFP had a very good rapport with the Mozambique authorities going over to their country for police training exercises/ operations at some point.
It states clearly in the MAR/ACT that the MAR doesn't rely upon treaties between countries as there is no set boundaries or restrictions on a MAR having been sent by either country in question or anywhere in the world. The MAR was implemented for this purpose to open the door to help improve communication and assistance between countries to improve the flow of cooperation, communication and efficiency of any issue between the countries concerned. Helping to aid or resolve any issues and affairs the countries have between each other, in essence opening the door for both countries to possibly work together and assist one another.
Mr Cain has made it very clear when responding to my oral submissions on the 11th December 2023, that the Mozambique police instruction phase needed to be completed before any Mutual Assistance Request is sent and takes effect. This is incorrect and clearly not the case because it states in the AFP submissions 2020/21 from a Mozambique government official that it was always possible for the AFP to send a MAR to apply for a joint operation between the two countries.
This is also supported in evidence at the inquest by the AFP Commander as he states a review process was always possible by the AFP to send a MAR to offer our assistance once a crime has been established by the police authorities concerned, This was recognised by the Mozambique Government as stated in the AFP submissions at No 40. Therefore, as I pointed out to Mr Cain in my oral submissions, it was only a requirement for their Instruction phase to be completed before they will hand over their case file. The Mozambique authorities need to conclude first all the evidence for their case file before handing it over. The Mozambique instruction phase in operation or Mozambique Investigation did not hinder us sending the MAR or helping with assisting the Mozambique authorities with evidence during their Instruction phase/Investigation to be added to their case file.
However, the AFP submissions in 2021 convinced Mr Bracken the past coroner on Ms. Warren’s case investigation to ask the AFP to send the official MAR request:- AFP submissions in 2020/21 No 40, it clearly states that a Mozambique government official has stated on 11th December 2020;- “That it is possible for the AFP to apply to hold a joint investigation”.
Clearly Mr Cain has been misinformed here again at the inquest, as it is clearly stated in the AFP submissions and is the reason Mr Bracken asked the AFP to send the official MAR request back in 2021. Therefore the completion of the Mozambique instruction phase/Investigation did not affect the effectiveness of the MAR or having been sent in 2016/17. If the Mozambique government had agreed to a MAR for assistance as they had already stated to the AFP it was always possible then we could have and should have offered our assistance early on in 2016/17.
The MAR/ACT also states either country can send each other the MAR to initiate a MAR!
It is our Australian Citizen therefore our responsibility or obligation to initiate the Mutual Assistance Request as the AFP were fully aware this is a third world country without the technical resources required to carry out such an in depth homicide investigation. This is confirmed and stated in DFAT’s SLO statement and also in evidence at the inquest by AFP/SLO superintendent that the Mozambique authorities did not have the resources to carry out such a detailed homicide investigation in 2016.
The facts are the Mutual Assistance Request has never been officially sent to the Mozambique Attorney General to this day, and is a good reason why the Mozambique government will not take the informal personal letter approach by the AFP for our request for assistance seriously. The Mozambique government has now informed the coroner's court that if they wish to obtain their case file we will need to Officially send (“them”) the MAR “once their instruction phase is completed” indicating how much the Mozambique government Respects this Official Process of the MAR between the two countries.
AFP WITHHELD VITAL EVIDENCE
The facts prove the AFP were aware of critical evidence and withheld this critical evidence from the state coroner and family in 2016. This was supported by the coroner’s assistant and supported by factual documentation which I have as this critical evidence of the crime scene photograph is not entered as the clear version of the crime scene photograph with reference made to a ripped apart top in any AFP statements or reports to this day.
This is mentioned in my oral submission and in Mr Cain's findings. These facts support that the State coroner at the time of my daughter’s death had not received all the critical information on the investigation by the AFP/SLO’s supporting the state coroner in 2016/17 on Ms. Warren's coronial investigation. This is also mentioned in my statements, emails and affidavit to the coroner's court and in detail in my oral submissions to Mr Cain on the 11th December 2023. In the above AFP statement it is confirmed and clearly states, the AFP were working in support of the Victorian State Coroner (Sara Hinchey) at the time with her colonial investigation in 2016.
In AFP/SLO Superintendent’s official statement dated the 17th October 2017 to the coroner’s court the AFP/SLO has failed to mention he obtained the critical evidence of the clear version of the crime scene photo from DFAT on the 24/25 of November 2016, and that he had handed this clear version of the crime scene Photograph over to the Mozambique inspector in charge of the case on the 8th of December 2016 clearly depicting the ripped apart top. The AFP/SLO has however stated in his statement he obtained the crime scene photo which was however the blurred version at this early stage in time from DFAT on or around the 13th of November 2016 and had also handed this blurred version over to the Mozambique Inspector on the 20th November 2016 as per his action sheet!! The AFP/SLO and DFAT’s SLO confirms this as the blurred crime scene photograph in evidence at the inquest. It must be noted the blurred version of the crime scene photograph was too blurred to see any vital evidence. Note, both coroners Mr. Bracken and Mr. Cain, were fully aware of all these above factual circumstances. At one point I was informed by Nicole Elly’s mother that Mr Bracken was going to ask the AFP/SLO to amend his statement.
However, the AFP/SLO superintendent has acknowledged sending the crime scene photograph for the second time to the Mozambique inspector on the 8th December in his official action sheet on Pg 11, but not in his official statement. Which was the clear version of the crime scene photo but has not stated this as the clear version clearly depicting critical factual evidence. The AFP would have the email trace evidence proving this fact and is also confirmed by a recent official correspondence sent to Mr Cain that the AFP/SLO did obtain the clear version of the crime scene photograph from DFAT on November 25th 2016 but it’s not mentioned the AFP/SLO handed it over to the Mozambique inspector in this official correspondence to Mr Cain! This is also confirmed as fact in the assistant secretary’s letter from DFAT’s Claire Mc Cormish dated the 22nd March 2019 that the AFP/SLO was given the clear version of the crime photograph and had handed it over to the Mozambique authorities on the 8th December 2016.
THE CLEAR AND BLURRED CRIME SCENE PHOTOS
These are the same photograph with the only difference in one photograph you can clearly see all the vital evidence at the crime scene and ripped apart top. DFAT obtained the blurred photo from the fisherman on the 13th November 2016 in the area of the crime scene in person. However it could not be downloaded between phones at the time therefore the DFAT officer took an actual photo of the fisherman's phone screen of the crime scene photo which came out blurred. DFAT then received the clear version before the 24th November 2016 from the fisherman which was crystal clear clearly showing all the evidence in this clear version of the crime scene photograph. This clear version depicted my daughter’s half naked body laying flat in situ with her top ripped apart from her right shoulder and all the way down her right side with her underwear at her knees laying face down with her head on top of a firm dark dirty sandy pathway surface at 5am on the early morning of the 9th November 2016.
DFAT will have the trace evidence of the clear version of the crime scene photograph passed to them by email or mobile phone. These facts are also supported in the assistant secretary’s letter from DFAT’s Claire Mc Cormish dated the 22nd March 2019. ( Pg 2 Photos and other items). I also have factual emails from DFAT supporting the above facts dated 13/01/2021 and 23/04/2021. These facts are all stated in my sworn affidavit to Mr Cain on the 17th January 2023.
I wish to emphasise that as the AFP were clearly supporting the State Coroner as stated in their above recent statement. There was no report sent to the state coroner by the AFP at the time they received this critical evidence in 2016 of the clear version of the crime scene photograph clearly showing all the vital evidence with highly suspicious circumstances. The AFP had never informed the state coroner of this critical evidence in 2016/17. This is vital evidence and warrants respect and a report on this important evidence by the AFP in 2016 to the State coroner at the time. The AFP has the jurisdiction over any important suspicious relevant crime evidence concerning very serious matters overseas involving an Australian citizen that DFAT obtains. It is the responsibility of DFAT to hand over any evidence of relevances they had obtained to the Australian Federal Police authority supporting and assisting the state coroner with her coronial investigation. It is also the responsibility of the AFP to report on any vital suspicious evidence and inform the state coroner about this critical evidence in 2016 which the AFP had and were fully aware of in 2016!!
The AFP is the police governing body in Australia for police matters overseas therefore in their supporting capacity to the state coroner as stated in their above statement it was their responsibility to inform and report to the state coroner of any relevant crime scene evidence they come in possession of in 2016.
The family and coroner were also not informed by the AFP that they sent this explicit naked photograph of my daughter’s body in situ to a foreign country on the 8th December 2016. Mr Cain has acknowledged the coroner was not informed at my oral submissions but indicated clearly it was not necessary to inform the coroner investigating the case at the time that vital evidence of an explicit naked crime scene photograph of an Australian citizen was sent to a foreign country even though the state coroner was conducting a coronial investigation at this time.
The AFP still did not rate this as a crime in 2016 after viewing this vital evidence with suspicious circumstances. The importance of the details in the crime scene photograph was critical but the AFP still did not see this as a crime even after viewing this clear version of the crime scene photograph clearly showing critical evidence with my daughter’s ripped apart top from her right shoulder and all the way down her right side with the underwear at her knees exposing her body. The AFP had this vital evidence for two weeks before giving it to the Mozambique inspector on the 8th December 2016.
ELLY’S BELONGINGS AND POSSESSIONS FOR DNA TESTING
With regards to my daughter’s belongings and possessions. The clothes she was wearing is also critical evidence with the advancement of DNA technology possible in 2016.
Other Australian police authorities would confirm without question the evidence of the ripped apart top and underwear to be vital evidence for forensic DNA sampling especially when the facts prove the top is torn apart and the underwear found at the knees with the body found at the crime scene in this state. As I have previously stated these are highly suspicious circumstances clearly discovered by the AFP when DFAT had given the AFP this clear version of the crime scene photograph to the AFP on 24/25 November 2016. Viewing this evidence for two weeks before handing it over to the Mozambique Authorities.
However with regards to the ripped apart top “only” we need to take into account the “suspicious cirumstances” by the Tofo police early that morning on the 9th of November 2016. As I have mentioned the doctor and Inspector had not reported the top as ripped apart when attending the crime scene!!
In my oral submissions on the 11th December I informed Mr Cain that the MAR would have helped with important areas of the coronial investigation especially with DNA evidence as the Mozambique police did not have the facilities to conduct DNA forensic testing. This is one of the specifications clearly mentioned in the MAR/ACT and caters for any evidence to be forensically tested by another country concerned with the matter. The evidence is then returned to the country in question which has not the facilities to properly conduct the technical forensic testing required especially for DNA sampling on clothing. (Ripped apart top and underwear).
Mr Cain at my oral submissions said the Mozambique Authorities would have to agree to the MAR and this was not likely as previously offers for assistance were not accepted as stated in evidence by the AFP commander. This is conjunctive as I pointed out to Mr Cain that the official MAR would have held more weight especially helping with DNA evidence but we never gave the Mozambique government the chance to agree officially to the MAR as we never sent the official MAR. Especially when it clearly states in the AFP submissions that the Mozambique government has stated it was always possible for the AFP to apply for a joint investigation with an official MAR!!
However we did not require a MAR to obtain my daughter’s clothes she was wearing at the time of her death, this is fully explained below as I also pointed out to Mr Cain that my daughter’s clothes she was wearing at the time of her death were not placed into evidence by the Mozambique police. They were incinerated at the Maputo central Hospital as no one came to pick up my daughter’s clothes!! As we did not require a MAR this opened the door for the AFP to retrieve these clothes as they are still my daughter’s possessions even without a MAR. The AFP would have been aware of these circumstances as stated in the above statement as the AFP/SLO Superintendent was on the ground in Tofo/Inhambane and the facts prove he had direct liaison with cooperation and assistance with a police-to-police operation with the Mozambique officials and inspector in charge of the case in 2016.
All my daughter’s clothes are still my daughter’s belongings, and the clothes my daughter was wearing at the time of her death were no exception and should have been given top priority by the AFP in 2016. The Mozambique Prosecutor has stated to the AFP/SLO at the meeting on the 18th November 2016 that the chief Inspector accompanied Ms. Warren's body to Maputo for the Mozambique autopsy holding further weight to the Mozambique inspector having no interest whatsoever in the clothes my daughter was wearing at the time of her death. The Mozambique police were obviously not interested in the clothes my daughter was wearing at the time of her death because they can’t test for any DNA on clothing.
The director of the Central Hospital in Maputo states;- “Ms. Warren's clothes were kept for some time after but were eventually destroyed/incinerated as no one came to pick up the clothes”!!!
It would have been highly possible to extract some DNA evidence as the AFP were fully aware that the Mozambique police did not have the capabilities for any DNA testing.
This evidence is confirmed and stated in DFAT’s SLO in her statement and also in evidence at the inquest by AFP/SLO superintendent. DFAT’s SLO states in her statement and evidence given at the inquest that with her experience on the ground in Mozambique dealing with the Mozambique police they were not equipped fully to investigate a homicide case of this caliber. The above AFP statement states;- “An AFP Senior Liaison Officer made representations to authorities in Mozambique to retrieve Elly Warren’s belongings immediately following her death in 2016, and again in 2017.”
The AFP/SLO was successful in retrieving nearly all of my daughter's possessions in 2016/17 as stated in the above AFP statement but had not acquired the vital evidence of Elly Warren's clothes she was wearing at the time of her death. Even though the AFP/SLO was fully aware at this time in 2016/17 that the top was ripped apart in 2016 and her body was half exposed!!
As everyone is aware Cold Cases are solved today with the advancement of DNA technology on clothing and 2016 was no exception as the facts show that the top my daughter was wearing was ripped apart. It was then highly probable to extract DNA from any pieces of clothing that my daughter was wearing at the time of her death, especially with the condition of her top ripped apart in such a manner!!
My daughter may have also been sexually assaulted with her underwear at her knees as the Melbourne pathologist has stated someone can be sexually assaulted and show no signs of being sexually assaulted. Therefore it was critical to also retrieve her underwear for DNA sampling and the ladies sanitary item was also removed from my daughter’s body in South Africa and placed inside her body for transport to Melbourne. This vital evidence (Sanitary item) was never found and was missing in Melbourne confirmed at the inquest by the South African Pathologist as she removed it and placed it inside the body in a plastic bag. Which I do explain further below!!
The Mozambique Assistant Attorney General in May 2023 has now confirmed my daughter’s death is a Homicide and also informed the AFP they do have suspects but not enough evidence to convict anyone with Ms. Warren's murder hence the importance of my daughter’s clothes for DNA forensic testing that she was wearing on the morning of her death.
THE SECOND SAND SAMPLE WAS NOT TAKEN
We also did not require a MAR to take the second sand sample from My daughter’s body as it was in Australia. The reason for the second sand sample to be taken from her body, was to forensically determine the different composition for comparisons and variations in the body elements of both sand samples, to determine for a fact that my daughter’s body was moved after her death and that her death occurred elsewhere!! The AFP/SLO superintendent had taken an initial sand sample from the crime scene at the toilet block location where the body was found on or around the 17th November 2016 around 8 days after my daughter’s death. There was plenty of sand in Elly’s airways for a second forensic sample of sand for comparison at the time of the Melbourne autopsy as this is fully explained below.
The AFP/SLO Superintendent was informed at the meeting on the 18th November 2016 by the Mozambique Inspector in charge that he alluded to or suspected the body had been moved after Ms. Warren’s death and states this in his AFP action sheet on Pg 9. This is confirmed by the AFP/SLO in his evidence given at the inquest as he agreed that the inspector had alluded to or suspected Ms. Warren’s body was moved after her death. Therefore the AFP were fully aware of the fact that the Mozambique inspector at the meeting on the 18th November 2016 disclosed and suspected the body of Ms. Warren was moved to the toilet block location after her death. This is well before the Melbourne autopsy was completed on the 22nd of November 2016.
On my first trip to Mozambique I had a meeting with the same chief inspector in October 2018 who had the meeting with the AFP/SLO back on the 18th November 2016. The interesting factor here is the inspector had no “hesitation in informing me in front of witnesses” that Ms. Warren was “murdered somewhere else because the sand in her mouth was not the same sand found at the location the body was found” and this was In 2018!!
All of these facts were presented to Mr Bracken and again to Mr Cain at my oral submissions. The court also has all this factual evidence without question which was presented to the coroner’s court after my first trip to Mozambique in 2018. This evidence in the form it had been presented to the court is set in stone as factual evidence as the coroner’s court is not governed by the rules of evidence.
During my first trip to Mozambique in October 2018 I contacted the Australian AFP/SLO by phone and told her I have found so much factual evidence in just a few days, the clear photograph and that my daughter’s body was moved after her death. Well I thought I did, yet it became apparent the AFP had and knew all about this vital evidence in 2016 but not the State coroner or family from the AFP. I told the AFP/SLO in Australia that I had arranged a meeting with the same chief inspector on the case in 2016 at his headquarters in Inhambane in October 2018 and invited the AFP to this meeting through a video link on my phone the AFP refused!
The AFP would have been another witness to what was said by the Inspector that my daughter was murdered and that the inspector definitely knew without question she was not murdered at the toilet block. The inspector was very much aware the sand was different in her mouth to where she was found and this would have been obvious enough at the time to establish this at the crime scene on the 9th November 2016 when the inspector inspected the crime scene. So what is going on here with the AFP, surely they were aware of these critical facts from the Inspector in 2016!!
VIFM RADIOLOGIST EVIDENCE - SAND PRESENT AT THE MELBOURNE AUTOPSY
The VIFM radiologist had completed a radiology report from the Victorian Institute of Forensic Medicine (VIFM) for the coroner’s court. He gave evidence at the inquest that at the time of the Melbourne autopsy on the 22nd November 2016 that “both of Ms. Warren’s Lungs were full with sand with very high density levels/readings recorded of sand in the upper and lower airways detected from his radiology scan”. “Both lung trees were full with this foreign material (SAND)”.
This radiology report from the specialist radiologist has recorded very high Hounsfield Unit measurement readings (HU). The HU unit of measurement is how the scan measures the density levels of the sand found in my daughter’s airways. The masses of sand density levels found were equivalent to bone, pottery or cement in the upper and lower airways of my daughter. These facts in the radiology scan are taken off the CT scan which was completed just before Melbourne autopsy in 2016.
Another really disturbing factor here for Elly’s family is the facts prove that there was still plenty of sand in our daughter’s lungs and airways in Melbourne, however the Melbourne pathologist from the VIFM did not detect or find any sand in my daughter’s airways as he states to me and witnesses at a meeting on the 7th September 2017;- “That he never found any sand at all and would state this in court” (All recorded with consent therefore this is solid facts) There is plenty of sand detected in the radiology scan, that both lungs were completely full of sand at the time of the Melbourne pathologist autopsy examination.
This is not reported in the Melbourne pathologists’ autopsy report at all, that both lungs were full with sand and that sand with very high density readings was all the way down my daughter’s airways as proven facts by the radiology scan.
This simply does not add up at all, and it makes you wonder what has really happened here for this Qualified Pathologist not to have Detected and Reported all this sand in these areas in his official autopsy report especially when both lungs are full with sand!!
The radiology report clearly shows both Lung trees and airways were full with sand, therefore this is the cause of death in 2016. Due to the Melbourne pathologists’ inability to detect and report this sand in his examination clearly with both lungs full of sand and in the upper and lower airways as these facts are proven from the radiology scan that all this sand was present at the time of his examination. This had delayed the official cause of death of our daughter for Seven Years!!!
There were also three AFP officers at this same meeting on September 7th 2017 with the Melbourne pathologists and not one word from any AFP officers about a clear crime scene photograph or ripped apart top and this meeting was around 11 months after my daughter's murder!! ( all recorded as solid proven facts) again what is going on here with the AFP as this is boarding on being unethical not to mention vital evidence at this very important meeting with the family and Melbourne pathologist as we were not aware of the clear crime scene photo clearly showing the top as ripped apart 11 months after my daughter’s death!!!
I reiterate, the radiology scan tells the truth and shows the facts that there was plenty of sand present in my daughter’s airways with very high density levels recorded at the back of the nose trachea and both lung trees full of sand at bone density levels just before the Melbourne autopsy examination which was confirmed by the VIFM specialist radiologist in evidence given at the inquest!! The specialist radiologist also gave evidence that the levels of sand density detected in my daughter’s airways is equivalent to bone density.
I have also sought second opinions from specialists in their fields, associate professor of radiology and another pathologist, who have both analysed the radiology report, and have both stated that the radiology imagery shows sand all the way down Ms. Warren's airways filling both lung trees. When asked if there was enough sand for a forensic sample they both agreed that the radiology images and report indicates and shows that there is enough sand for a required forensic sample. It must be noted that these two specialists in their prospective fields also concur with the evidence given by the VIFM specialist radiologist witness at the recent inquest before the Inquest.
With the evidence given by the radiologists at the inquest, and with the facts clearly shown in his radiology scan we can determine for a fact that this correlates with the packed sand found in my daughter’s upper and lower airways, lungs at the initial autopsy on the 13th November 2016 in Mozambique, as they had on hesitation concluding it was a violent death Homicide with all the bruising and abrasions on the face and head and their report states the sand was abundant in the airways.
The interesting and surprising factor not mentioned in Mr Cain's findings is the 1290HU density reading in the radiology report at the back of the nose (nasopharynx area). This mass of sand is equivalent to a density level of pottery or cement. The radiology specialist when asked about this mass of sand at the back of the nose in the inquest states;- “It’s in a difficult position and has not dislodged from the washing or cleaning from the South African pathologist”.
At my oral submissions I told Mr Cain that these very high density readings needed to be put into perspective, as there is a correlation between these very high levels of density with the Mozambique autopsy report and South African Pathologist evidence given at the inquest about the packed sand in the airways. This very high density mass of sand detected at the back of my daughter’s nose which has not dislodged from washing/cleaning by the South African Pathologist and still has a factual density reading of 1290HU above bone density is therefore the factual density level at the “Time Of Death” as it has not been removed or dislodged from upper airways during the cleaning process from the South African doctor. This is very important and is also mentioned in my oral submissions with Mr Cain in detail with diagrams.
The coroner’s court can manipulate proceedings as they have the monopoly on the witnesses called for the inquest, and how the witnesses are cross-examined!! The coroner’s court did not want the radiologist Dr. O’Donnell who was a critical witness because they were protecting their VIFM pathologist from their team!! This was very obvious as We had to inform and explain to the court with correspondence how relevant and critical the radiologist was to the proceedings and cause of death!! you must understand its the coroner’s inquest not yours.
There were other critical witnesses which we required and were very important for us to be able to present our entire case to Mr Cain at the inquest to prove my daughter’s manner and cause of death with the facts. We were not given this “full opportunity” as the coroner is in control of the inquest and has the final say on witnesses!!
SOUTH AFRICAN PATHOLOGIST COMPELLING EVIDENCE
It is also stated in evidence at the inquest by the doctor who conducted the second autopsy in South Africa that Ms. Warren’s airways were still fully packed “Chockablock” with sand” at the time of her examination of Ms. Warren’s body on the 16th November 2016. In fact the South African pathologist also states in evidence Ms. Warren’s body was the worst case of packed chockablock sand in the airways she had ever come across before in over 40 years as a pathologist. The doctor had also mentioned she had examined many inhaled sand related cases before with gold mines collapsing often in South Africa.
The South African pathologist also in evidence given at the recent inquest stated she “absolutely agreed with a witness's statement at the crime scene” on the morning of the 9th November 2016. This was Elly’s Dive Instructor and he states:- He was asked to identify Ms. Warren’s body and he found “it was very strange to see her mouth so packed with sand”.
The South African pathologist had also placed her phone number on her autopsy report for anyone who wanted further clarification on the death of Ms. Warren. I contacted the South African pathologist on the 20th November by phone in 2016 and she told me that Elly’s airways were full of sand, and that Aspiration of sand was the cause of death. I asked the pathologist if she thought it was foul play. She said it's looking that way Mr Warren and she told me with the marks and bruising on her face and lips it’s possible her head may have been held down into the sand, however I need to wait for the toxicology results first. I asked her if she needed anything from me and she told me could I give her permission to obtain evidence from the crime scene. This is also all stated in my statement to Mr Bracken dated the 24th September 2020 and affidavit to Mr Cain 2023. The next day on the 21th November 2016 the South African pathologist phoned the Embassy in Pretoria and the South African Pathologist stated to the embassy below :-“highlighting that she believed however that Ms Warren's facial injuries, particularly bruising and abrasions around her mouth, became more marked with time and suggested that Ms. Warren had been held face down in sand resulting in death by aspiration”. This statement was sent to the family and coroner’s court by DFAT as an email in 2016.
It must be noted I also informed the coroner’s court and AFP in 2016 about the phone conversation I had with the South African pathologist on the 20th November 2016, and that she told me it looked like foul play with my daughter’s airways full of sand as the cause of death. I also told the Melbourne pathologist about what was mentioned in this conversation over the phone with the South African pathologist at the meeting on the 7th September 2017 with the Melbourne Pathologist (ALL recorded as facts) and why had he not contacted the South African pathologist in 2016 and he told me “I don’t know if she is a pathologist, there are forensic pathologists and there are forensic pathologists”.
What was extremely interesting and surprising in evidence given at the inquest by the South African Pathologist was her proven qualifications and experience as she states:- I have a MBBCH degree, Diploma in Forensic Medicine, A Fellowship in Forensic Pathology and a Masters degree in Forensic Pathology. I have been working in the field of forensic medicine for 44 years and I am a senior specialist lecturer at the university of Witwatersrand.
If only the Melbourne pathologist had contacted the South African pathologist with a video conference we would have established the cause of death in 2016, and that she was suspicious of foul play at the time. She may have informed the Melbourne pathologist of the ladies sanitary item she removed from my daughter’s body and placed it inside the body for transportation to Melbourne.
The Melbourne pathologist had also missed this vital evidence (Sanitary item) in his examination on the 22nd of November 2016. No one knows where the vital evidence of the sanitary item has gone in Melbourne, which given the circumstances of my daughter’s death, required forensic testing.
It must be noted;- All These Above Facts and Evidence” were Confirmed as Facts by the South African pathologist in Evidence Given at the recent inquest in August 2023 seven years later!!! All these facts are also presented to the court in my statement dated the 24th September 2020 to Mr Bracken and also to Mr Cain in my Affidavit dated the 17th January 2023.
Clearly all these above facts prove there was plenty of sand present in Elly’s airways and lungs at the time the Melbourne autopsy was performed for a required forensic sand sample to have been taken and forensically examined for comparison with the first sand sample taken by AFP/SLO Superintendent at the location where my daughter's body was found. This would have factually determined forensically that my daughter’s body was moved after her death to the location of the toilet block as there was a major difference between both sands!!
The AFP/SLO stated in evidence at the inquest the sample would have been compromised as he had taken the sample eight days after the death occurred. I can’t really understand why the AFP/SLO would even mention this. Why then go to the trouble of taking the sand sample. I am very confident the difference between the sand compositions forensically is not going to change much in eight days, as there is a big difference in sand contrast between both sands found in my daughter’s Body/Mouth, to where her body was found as described and confirmed by the Mozambique Chief inspector.
The AFP/SLO has recorded in his action sheet that he had spoken about the sand sample he had taken from the crime scene, having a phone conversation about the sand sample to the AFP/SLO in Australia on the same day as the Melbourne autopsy was conducted on the 22nd November 2016 these facts are on pages 10,11 in his action sheet!! All these above facts confirm the importance of his sand sample taken at the crime scene by the AFP/SLO.
The sand sample from the crime scene was extremely important to compare it with the sand found inside My daughter’s body especially when the AFP/SLO was fully aware the Mozambique authorities suspected the body was moved after death and that the cause of death was sand related from the Mozambique prosecutor!!
CLOSING STATEMENT
The present system with Australian families in crisis regarding the suspicious death of a loved one overseas is leaving Australian families concerned with having no choice but to run their own investigation, seeking the factual answers to their loved ones death especially if the suspicious death happens in a third world country. This is totally unacceptable.
More effective operating procedures and proper training in homicide procedures are changes that need to be made so that Australian authorities operating overseas have the full knowledge and support in seeking the factual answers to any suspicious deaths overseas where it has been agreed upon that assistance is accepted police to police or with a formal MAR.
Where suspicious circumstances are deemed, there should be full assistance offered though the official channels of a MAR to the country in question by the Australian authorities in areas where we are able to assist whether it be technical support or direct involvement assisting with the investigation, and also supporting in apprehending the perpetrator or perpetrators especially when it involves a third world country.
I do realise it's difficult when another country is involved, however the Australian government and authorities need to support Australian families by sending the MAR on any suspicious death overseas and offering our assistance especially if it involves a third world country exposing the full factual situation and evidence to the family in question with full transparency even if it may raise diplomatic issues. Having said that, the family was pleased with DFAT’s support, especially within the first six months.
If the country in question states No to the MAR as we don’t need any help then we have officially done all we can to offer our support. It must be noted that the AFP/SLO and DFAT’s SLO can still enter the country in question with permission basically on behalf of and to support and assist the state coroner with the coronial investigation, which clearly happened in my daughter's case. If it's yes to the MAR then we need to already have set operating procedures and tasks put in place with the offers of assistance we can offer another country under the circumstances of a suspicious death of an Australian citizen overseas. This will vary depending on the first hand experience and technical resources the country in question has available.
Website in memorial of Elly Rose Warren:- ellywarren.net
Paul Warren
