Table of contents:-
1) Mozambque police reports, Mutual assistance request and evidence deception.
2) My Trips to Mozambique.
3) Sting operation mad nick.
4) The radiogoly report.
5) The Inquest.
6) INquest, very important facts behind the scenes!!!!
7) both mozambque police reports, Overdose and revised police report Homicide from Dfat’s Stacey walker.
Mozambque police reports, Mutual assistance request and evidence deception.
My own Investigation started with the two Mozambique police reports I received in April 2017.
In April 2017 I received two Mozambique police reports, one report on the 6th April said Elly died from an overdose, and then four days later a revised Mozambique police report states Homicide.
The Australian Department of Foreign Affairs and Trade (DFAT) told the Mozambique police, “are you sure that is what you want to put on your police report, overdose because your own autopsy report states Homicide”.
Hence the revised Mozambique police report 4 days later now stating Homicide!!
Note;- At the time the top Mozambique criminal investigation police (SERNIC) did not know we had their official Mozambique autopsy report stating violent death/homicide as the AFP received this through back channels unofficially by police to police cooperation from the Mozambique ground inspector Cudzi in Inhambane/Tofo 2016/17. Therefore the top Mozambique police (SERNIC) thought they could just get away with stating OVERDOSE as the cause of death in their official police report!!! However as (SERNIC) were not aware at the time we already had their official autopsy report this then proves obviously they miscalculated when attempting to cover up Elly’s murder which has exposed the top level of the Mozambique police authorities with this official overdose police report sent officially to DFAT in April 2017!!!!!
I knew then with these two police reports the Australian Federal Police (AFP) were not telling the family the truth, misleading the family that the Mozambique authorities were fully investigating the case over there as the AFP were on the ground in Tofo 2016 so they were aware of all the circumstances!!
How can the Mozambique police be conducting a proper investigation with this “rubbish” of the two police reports sent four days apart to DFAT!!!
This was a Mozambique revised police report sent to DFAT who passed it onto the AFP on the 10th April 2017 and it states homicide informing the AFP this is a crime. In addition to that, there was other compelling evidence to indicate this was a crime the ripped apart top which is totally destroyed and the only official Mozambique Autopsy report stated Violent death Homicide.
It must be noted for the AFP to send a Mutual assistance request to help assist with Elly’s investigation in 2016/17 it has to be confirmed as a CRIME hence the importance of the Mozambique revised police report stating homicide and their instruction phase for the release of their case file did not HINDER the MAR being sent back in 2016.
I need to point out here that Adam McCarthy was the High Commission at the time at the Australian Embassy in Pretoria South Africa, he was so concerned about these police reports that he called for a meeting in Maputo with all the officials concerned with the case in April 2017. He then traveled to Maputo for this meeting, that's how concerned he was with these police reports. I had maintained good direct communication with Mr McCarthy upon my return from South Africa in 2016.
I do need to also POINT OUT and explain here at this point in time April 2017 how important this Mozambique police report stating homicide is at this time regarding the Mutual Assistance Request. It will become more apparent and relevant just how important once you read all the information on here and how CRITICAL the below statement becomes in the AFP submissions. Which Mr Cain (Recent coroner) was fully aware of as Mr Bracken (Past coroner) asked the AFP to send the official request back in 2021 because I pointed out to the coroner Mr Bracken at this time, point No 40 in the AFP submissions below.
NOTE :-CLARIFICATION OF THIS IS IN THE AFP SUBMISSIONS IN 2020 AT N0-40 IT CLEARLY STATES :
“A MOZAMBIQUE GOVERNMENT OFFICIAL INDICATED THAT IT WAS ALWAYS POSSIBLE FOR THE AFP TO APPLY TO HOLD A JOINT INVESTIGATION”.
however the coroner Mr cain in speculating did not think it was possible to assist the Mozambque police with their investgation before their instruction phase was completed at my oral submissions on the 11th december 2023!!!! This is clearly not the case with the facts stated in the above statement from a Mozambique government “offical” in 2020 in the AFP submissions!!!.
It is our Australian citizen therefore our responibility to initiate the mutual assistence request as this is a third world country without the technical recourses required to carry out such an indept homicide investgation. the AFP and DFAT were fully aware of this situration and facts at the time in 2016. this is clarified and mentioned in the afp and DFATs statements and supported by recent evidence given at the inquest that the mozambque police were not equipped to carry out a homicide investgation of this calibre.
Note; A joint investigation between the Mozambique police and the AFP on Elly’s investigation requires that an “official” “Mutual Assistance Request” be sent by our Attorney General to their Attorney General. It still then needs to be approved by the country in question but going on the above statement from the Mozambique government official from the AFP’s submissions it could have been approved if the AFP and Australian government had of followed protocol for a review on sending the MAR once a crime had been established, with the official Mozambique police report stating HOMICIDE in 2016/17 therefore sending the “OFFICIAL MAR” to the Mozambique Attorney general for approval.
I told Mr Bracken who was the coroner for Elly’s investigation at the time that the AFP have shot themselves in the foot here with their submissions. Mr Bracken must have agreed as he asked the AFP to send the request for a joint operation with the Mozambique authorities at the hearing in February 2021. However they only sent a personal letter instead of the official MAR.
This is why Mr Bracken asked the AFP to send an official request because of the AFP submissions explaining a joint operation was always possible between the two countries but it was only sent as I said as a PERSONAL LETTER not as an official MAR request after Mr Bracken’s request to the AFP at the hearing in February 2021.
I reiterate this was NOT an official Mutual Assistance Request sent and probably why the Mozambique authorities has IGNORED THIS REQUEST to date. The Mozambique government is aware of the official procedure for a MAR as they are now asking “US” (Australian government) in 2024 to send THEM the MAR for the release of their case file ONLY once their instruction phase has been completed!!
I reiterate that the instruction phase to be completed first was just a requirement for the release of the Mozambique police CASE FILE which did not hinder the MAR being sent by the AFP in 2016. I tried very hard to try and explain this to Mr Cain in my oral submissions on the 11th December 2023 “below” but Mr Cain was VERY ADAMANT that the MAR was not possible between the two countries until their instruction phase was completed which is totally incorrect and not the case at all. This is also clearly clarified by the AFP submissions above as the MAR was always possible in 2016. We just never sent the MAR in 2016/17.
Below is my comments made and response from Mr Cain about the facts pertaining to the manner of Elly’s death at the conclusion of my oral submissions. Also are comments made about the Mozambique instruction phase regarding the MAR in my oral submissions on the 11th December 2023. (My oral submissions with Mr Cain transcript Pg’s (281-283 and 262-267) :-
MR WARREN: Thank you, Your Honour, for giving me the opportunity today to present my submissions and that concludes my submissions.
HIS HONOUR: Thank you, Mr Warren. Just so that I'm – the
HD:SB 11/12/23 COURT 2 281 DISCUSSION WARREN
conclusions you're suggesting that I should come to are that the circumstances of Elly's death are a homicide?
MR WARREN: Yes.
HIS HONOUR: The second one was that wherever she might have been murdered or the homicide or the death occurred, I'll say death occurred, it's not the place where she was found.
MR WARREN: Correct, Your Honour.
HIS HONOUR: So she was moved there.
MR WARREN: Yes.
HIS HONOUR: That – and that other evidence of some violence or poor treatment is the T–shirt that is ripped.
MR WARREN: Yes, Your Honour.
HIS HONOUR: That's relevant, that you think that a mutual assistance request should have been made earlier.
MR WARREN: Yes.
HIS HONOUR: But I think you accept that that may not have involved a different outcome because we're still in the instruction phase other than an offer of help which the Mozambique authorities may have taken up or may not.
MR WARREN: If I can just clarify that point, Your Honour. The - they're talking about that they're not going to hand over their case file with the instruction phase still in operation. It doesn't refer to the AFP through the mutual assistance request helping with assistance.
HIS HONOUR: And if another country sent us a mutual assistance request, then we would probably deal with it in a similar way where we'd finish what we were doing, we'd then get to it. So I think you've got to accept that just because where an Australian - an Australian authority goes into another country that the other country is going to - in relation to one of its citizens, the other country is going to say, 'Well, look, please help us, we need your
HD:SB 11/12/23 COURT 2 283 DISCUSSION WARREN
assistance'. It might happen but there's no guarantee that it will.
MR WARREN: Well - well, I - I was under the assumption that that's what the mutual assistance request was - was in place for.
HIS HONOUR: Well, I think that's not a correct assumption.
MR WARREN: It's not?
HIS HONOUR: No.
MR WARREN: Oh okay.
HIS HONOUR: But I'm sure Mr Yuile had something to say.
MR WARREN: Well, it does allow for another country's authorities to work with that - those authorities and as um Mr Scruton did, that the Mozambique authorities were difficult to work with, right. If the mutual assistance request had of gone through the process and gone to the Attorney-General in - the Mozambique Attorney-General, then they would've looked at that. Now it's up to them to say yes or no. If they had of said yes, the government would have told their authorities to cooperate with the Australian authorities. Now the other major point here, Your Honour, is that before forensically testing, all right um evidence, um the Mozambique authorities didn't have the capabilities of DNA testing.
HIS HONOUR: But I think - - -
MR WARREN: And we could've - we could've helped them in that area.
HIS HONOUR: But I think, and I agree with what you're saying, but we also have evidence I think from Commander, yes, Smith and from the others, that regular offers of assistance were made, but not taken up. Now, I think what you're saying to me is that had a mutual assistance request been made, then that would've given - and I guess accepted or - no, made, then that would've given some greater weight to the support and assistance that Australian authorities might've been able to offer.
MR WARREN: Correct, Your Honour, and that's what I'm making out here.
HD:SB 11/12/23 COURT 2 265 DISCUSSION WARREN
HIS HONOUR: Well, I guess where I'm up to on that is - - -
MR WARREN: That's - that's an - - -
HIS HONOUR: That's in a land of speculation.
MR WARREN: But that's an official request.
HIS HONOUR: But it's an official request that they say they ignore, until they're out of the instruction phase.
MR WARREN: But the AFP only sent a personal letter.
HIS HONOUR: But again, on the information I've got, I don't say it would've made no difference, but getting access and full cooperation really involved the instruction phase being completed and we're not there yet.
MR WARREN: Reading the Act though, I - I look at it that way and it actually does state that countries can help with um - some countries are not advanced in DNA testing - - -
HIS HONOUR: It's a voluntary - - -
MR WARREN: - - - and they consent um items over for to be tested.
HIS HONOUR: But it's only if the agree. Only if they agree. But look, thank you, Mr Warren. That's been helpful. I now need to give Mr Yuile an opportunity to respond to any of those matters he wishes to respond to.
MR WARREN: I'D JUST LIKE TO SAY THOUGH WE SAY ONLY IF THEY AGREE. WE NEVER GAVE THEM THE OPPORTUNITY TO AGREE.
You see the AFP never sent the OFFICIAL MUTUAL ASSISTANCE REQUEST from our Attorney General to their Attorney General for it to be considered in the first place!!!
MR CAIN WAS INCORRECT AT THE INQUEST DURING MY ORAL SUBMISSIONS AS HE DID NOT FULLY UNDERSTAND THE CIRCUMSTANCES HERE AS Mr Cain is implying THE MOZAMBIQUE POLICE INSTRUCTION PHASE NEEDED TO BE COMPLETED BEFORE A MAR FOR A JOINT OPERATION was possible !!! THIS IS CLEARLY NOT THE CASE AT ALL AND UNFORTUNATELY MR CAIN’S OPINIONS AND DECISION ON THESE MATTERS WITH THE CLARIFICATION PROOF FROM THE AFP SUBMISSIONS IN 2020/21 WILL NOW HAVE AN ADVERSE AFFECT ON FUTURE AUSTRALIAN FAMILIES FACING THE SAME CIRCUMSTANCES!!
I reiterate the official revised police report stating Homicide clarified Elly’s death as a Crime/Homicide at this time in 2016/17 which is the requirement for the AFP to review and send the MAR. However the AFP disguised this Mozambique police report in their AFP action sheet below as their reference stated for the Mozambique police report is:- (“Mozambique document”)!!!
These are the two paragraphs above taken from Mr Scruton’s AFP official action sheet which is the two police reports. these two Mozambique documents as stated here on different dates in the AFP action sheet are NOT Mozambique autopsy reports as the AFP lawyer Mr Yuile does not disclose that these are in fact police reports in my oral submissions on the 11th December 2023 to Mr cain. Transcript Pg 284. Transcript Pg 291 is where i clearly explain this to Mr cain.
What this means and proves as a fact without question is the AFP have not told the entire truth to Mr cain in court!!!!
The lawyer Mr Yuile for the AFP is correct when he states in my oral submissions and refers to the above statement from the AFP action sheet as being taken from an Autopsy report (results) on the 10 April 2017 with this Mozambique Document stating suffocation. However what Mr Yuile has not disclosed is it’s printed on an official Mozambique police report from (SERNIC) their top criminal authorities in Mozambique and that it also states homicide. Therefore as its printed on an official police report the Mozambique police are ENDORSING the fact it is a Homicide. Which is very important as I have said for clarification for the AFP to review and send the MAR. My Oral submissions Blog Pg 284
However where Mr Yuile the AFP Lawyer does not state the truth as the above Mozambique document is obviously a Mozambique official police report endorsing the Mozambique autopsy report is in Mr Yuile’s submissions dated the 18th September 2023, No 18 (B) pg7 To Mr Cain.
Mr Yuile the AFP lawyer states No 18 (B) :- ‘At N0 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 is not true and incorrect as you will see below for a fact these two police reports are from:-
Maputo, o6th and 10th of April 2017 the Head of the Instruction Department Januário Bernardo Cumbane Deputy Police Superintendent WHICH he is CLEARLY endorsing elly’s death as a homicide as this police report on the 10th of APril STATES hOMICIDE and this is well before the 19th May 2023.
also fully supporting these police reports is that superintendent Januario Bernardo Cumbane is from (SERNIC) as the letterhead states below;-
Letterhead on these two police reports is of the National Service of Criminal Investigation (SERNIC), Department of Investigation and Criminal Instruction.
(SERNIC) is the top National Criminal Investigation service these police reports are from and the top national policing agency, Mr Cumbane is the Deputy superintendent of!!! I don’t think you can get a higher police law enforcement authority endorsing Elly’s death as a homicide in April 2017 from Mozambique.
I was really surprised and taken back by Mr Cain’s comments below here because for the AFP to investigate in the first place they needed it to be established as a crime by the country’s authorities. I don’t think Mr Cain understood this as he states the AFP had not investigated. “The investigation was from another Jurisdiction the Mozambique police”, however this is the requirement that the AFP required first that it was a “Homicide” indicating a crime had been committed enabling the AFP to be able to help and then possibly assist with the investigated because the Mozambique police needed first to state this was a homicide which (SERNIC) had confirmed with the revised police report before the MAR can be sent to allow the AFP to investigate upon approval. Mr Cain had misunderstood and was incorrect again here in my oral submissions.
Below is the transcript statements Page 282 taken from day four inquest 11th December 2023;-
MR WARREN: Do you agree that the AFP had enough information to state that this was a crime at the time?
HIS HONOUR: Probably not.
MR WARREN: Well, they had the police report.
HIS HONOUR: But they had information that came from another jurisdiction.They hadn't conducted their own criminal investigation. (AFP)
I reiterate The AFP can’t help and assist with the Criminal investigation until it has been established a crime has taken place first then the MAR is sent for approval to be able to assist. Mr Cain clearly did not understand this here!!!!
(SERNIC) is as official as it gets over there with their own investigation stating Homicide.
The two Mozambique police reports are attached at the bottom of this blog from Stacey Walker.
You see the AFP have been sneaky here as its the critical information they have left out here in their action sheet on the 10 April 2017 when referring to this Mozambique document which they don’t want people to know about, you see the Mozambique document is an official police report from (SERNIC) which does state Suffocation. But it also states Homicide!!!
There is only one Mozambique autopsy report and it has stated Homicide violent death as the cause of death. There has never been any Mozambique autopsy report which has stated overdose as the cause of death as indicated in the police report on the 6th April 2017.
Also note this CRITICAL information/evidence is not entered into DFAT’s Stacey Walkers statement recently given to the court that she had sent these two critical police reports to the AFP on these dates!!!
Obviously the credibility of the first Mozambique official police report comes into question from their top national criminal investigation services (SERNIC) as there is no evidence or facts to support a conclusion of overdose. The interesting factor here is the AFP have not wanted the revised police report or contents to be known on the 10th April 2017, that it is in fact a Mozambique official police report stating “homicide”. The AFP have gone to some trouble to hide this fact even to the point of not disclosing the truth in court as it is clarification of a crime stating Homicide to activate a review process for a Mutual Assistance Request to have been sent in April 2017!! and it proves (SERNIC) were attempting to cover up Elly’s murder which has all sorts of diplomatic issues!!
Note;- The official Mutual Assistance Request has still not been sent to the MOZAMBIQUE GOVERNMENT, (Attorney General) to this day in 2024!!!
The disturbing issues here uncovered in Elly’s case are, even if the Mozambique government had of accepted the MAR its the AFP who investigate crime overseas and I would not “trust” the AFP at all!! They are also not properly trained in the field of homicide that is very evident in Elly’s case!! If you don’t do your our investigation under these circumstances overseas don’t expect to be told all the facts or the ENTIRE THUTH! The AFP or Australia government they just don’t want to deal with any diplomatic issues which may have the potential to open up a can of worms!!!
After these two police reports in April 2017 I went into full investigation mode. I knew where I stood with the Mozambique authorities after these reports. I started to look deeper into the AFP and Melbourne doctor as it all did not add up at all in my book. I found some very disturbing facts on the AFP and Melbourne pathologist.
I am an industrial engineer and I assess the logic, facts and study the information that I received in all forms. However, The “facts” conveyed and submitted by the AFP and Melbourne Pathologist did not add up at all.
I asked for a meeting with the Melbourne pathologist the doctor who conducted Elly’s autopsy in Melbourne which I had on the 7th September 2017 and I was not happy at all going into this meeting with the doctor. All recorded with consent.
The doctor told me at this meeting that he didn't find any sand at all in the airways and In fact told me and I Quote;
“If I was asked in court”, “you didn't find any sand”, “did you”? “I would have to say”, “No I didn't” “he also stated and I Quote he “only had a blurred grainy photo of the crime scene”.
Note these above statements from the melbourne pathologist who conducted Elly’s autopsy in melbourne on the 22nd November 2016 is all recorded with consent!!
Now there were three AFP officers at this meeting with the doctor and not one word about a Clear crime scene photo or Elly’s ripped apart top at this meeting and this is 11 months after Elly’s death. I did not know at this time about a clear photo and ripped apart top and neither did the coroner, as King Taylor the (coroner’s assistant at the time) was also at this meeting and we were both not aware that this clear photo ever existed. The AFP were fully aware as they acquired it from DFAT on the 25th November 2016 having it for 14 days before handing it over to the Mozambique police on the 8th December 2016!!
Note: These are all facts and this meeting was all recorded. So what is going on here with the AFP! They had this clear photo clearly showing Elly’s ripped apart top in 2016!!! This was a very important meeting with the doctor and family and the AFP should have mentioned this critical evidence at this meeting!!!
I would also like to point out that similar to the police reports is also how the AFP ghosted the blurred and unblurred photos taken of the crime scene by the Fisherman who discovered Elly’s body. Because In their AFP action sheet they only use the term (Fisherman’s photo) each time without distinguishing the difference between each of the photos as blurred and unblurred as the clear photo reveals vital evidence I do explain further below!!
Note;- You may wonder why two photos, blurred and unblurred. (These are exactly the same photo) DFAT obtained the blurred photo from the fisherman in person at the time on the ground in Tofo on the 13th November 2016. It could not be downloaded at the time as the fisherman had a very small phone and for some reason it could not be downloaded to the DFAT’s officer’s phone so the DFAT officer Mr Gray took a picture of the phone screen off the fisherman’s phone which came out blurred. At least this is what we have been told. Therefore at a later date between the 13th and 24th November 2016 DFAT have received the unblurred version of the SAME PHOTO again from the fisherman which this time was CRYSTAL CLEAR clearly showing all the evidence and the ripped apart top at the crime scene then the fishermen discovered Elly’s body and taking the photo at 5am on the 9th November 2016.
Below is two Paragraphs taken from AFP MR Scruton official Action sheet at the date AFP Mr. Scruton passed the blurred and unblurred photos on to the Inspector in charge Cudzi.
Note;- Above is when AFP Mr Scruton passed on the blurred photo to Mozambique inspector in charge Mr Cudzi on the 20th November 2016 by email after receiving it from DFAT and it’s only referenced as photo taken by fisherman. Note you could not distinguish much evidence at all from this blurred photo.
Note:- This is the clear crime scene photo which states only copy of the photo by the fisherman even though in this clear version on the 8th December it is vital evidence showing Elly’s ripped apart top!!!!. This clear photo is crystal clear and you can see all the evidence. This clear photo was passed on to the Inspector Cudzi by AFP Mr Scruton by email on the 8th December 14 days after Mr Scruton received this clear version by DFAT on the 24-25th November 2016. (To view the ripped apart top see Mozambique deception blog at the bottom)
Also I would like to point out the cooperation between the AFP and Inspector Cudzi the inspector was assisting the AFP in 2016 which is important later on as Mr Cain states the Mozambique authorities refused all attempts for assistance. eg, The official Mozambique autopsy report stating Violent death Homicide was handed over to the AFP early in 2016/17 to the dismay of DFAT. DFAT were not happy at this point in time as the AFP did not inform DFAT they had obtained the official Mozambique Autopsy report! The other interesting point here is the return of Elly’s possessions mentioned here and this will also become very important later on!!
The coroner and family were never informed about this clear version of the photo clearly showing Elly’s ripped apart top in 2016 !!! We were however given the Blurred photo only!!!
I tried to explain this to Mr. Cain in my oral submissions on 11th December 2023, Pg- transcript 274 and he told me:-
His Honour states: Mr. Warren: I am not sure where this is taking us.
Mr Warren’s reply: ”Well Your Honour the clear photo shows Elly’s top ripped apart in 2016.
His Honour’s reply was: “The Ripped apart top is not in dispute here”.
What I was trying to say here, was it took two years for the coroner’s court to be told the fact Elly’s top was ripped apart and it was not by the AFP it was by me. Maybe I was not clear enough here to Mr Cain. However Mr Cain is a smart man. I am sure he was aware the coroner was not aware of the ripped apart top in 2016 and for two years after, therefore was it the system that let down the family here!!
But then Mr Cain states what difference would it have made if it was in 2016.17/22 or 24. Let's take a look at this further;- System, AFP or both.
However the AFP clearly knew about the Ripped Apart Top in 2016 but ghosted it because they were aware of the Mozambique deception!! I felt it would not be in the families best interest to mention this to Mr Cain at my oral submissions with the Mozambique police now doing some sort of proper investigation. I did not want to jeopardize the current Mozambique investigation.
The VIFM laboratory had the clear crime scene photo in 2016 as it states in the AFP’s Lawyer’s recent letter so why did they not give a report on the clear crime scene photo to the coroner or Melbourne pathologist in 2016 clearly showing Elly’s ripped apart top!!!
I shake my head here as this evidence is as critical as it gets (see bottom of Mozambique deception blog) and the reason you send it to the laboratory in the first place is for them to analyze this critical evidence!!! I also tried to explain this to Mr. Cain in my oral submissions about the VIFM laboratory but I got the impression he was not keen to really hear about this either.
I was not happy at all after this meeting with the Melbourne pathologist and AFP. I knew if you wanted something done you needed to do it yourself, so after this I started to plan to go over to Mozambique (Tofo) and follow in my daughters footsteps. I still did not know about the clear photo at this time with Elly’s ripped apart top. I was organizing an inquest with the coroner’s court at this time which took some doing with hearings to follow.
It was not until February 2018 as I really had enough of the AFP and I decided to go over at the same time Elly had in October/November 2018.
My Trips to Mozambique
As I said I had enough of the AFP there was no trust at all in anyone. I decided to go over there myself in October 2018 two years too late but I needed to see where my daughter died and follow in her footsteps and there maybe a chance even after two years I may just obtain some solid evidence. I had no idea what to expect or what I would find out. As it turned out the locals were friendly enough as they viewed people from other countries as rich and they were all friendly.
After just two days I was informed a local had some important information for me so I arranged to see him and he showed me the clear photo of Elly showing her ripped apart top from a fisherman. This was the first time I had seen this clear photo.
Little did I know the Australian federal police and Australian Department of foreign affairs and trade had this clear photo all along in 2016 and told No one about the ripped apart top!!!!
The Mozambique police were even given this clear photo by the AFP and the coroner did not even know or aware of it until I sent it to the coroners court by email to Kate Sanderson from Tofo in October 2018 two years after my daughter’s death.
DFAT had sent it to the coroner’s Police coronial support unit (PCSU) in 2016 and this is why I said to Mr. Cain, I am at a loss here as the coroner’s support team had the clear version all along in 2016. Which is in my oral submissions.
However, Mr. King Taylor, the coroner’s assistant in 2018 when I returned from my trip had informed me that the clear photo was just filed away and not sent to anyone in 2016!!!
The clear crime scene photo was the main critical piece of evidence I acquired on my first trip to Tofo and it was just filed away by the coroner’s court in 2016!!!
I also had spoken to two local people who owned a restaurant and they said they were allowed onto the crime scene that morning to Identify who it might be and they said;-
“Elly’s body was in a different position leaning over not laying down like in the clear photo from the fisherman and they described Elly’s position as being like, in a Muslim pray position”.
This meant the crime scene had been changed to make it look more like an accident, falling forward head first into the sandy path at the toilet block!! We all thought then the police would have been involved without doubt as they had control of the crime scene from 5.30 am so they were at this time our main suspects which means we had to be very careful at this time.
Note;- These two witnesses who walked onto the crime scene that morning and state Elly’s body was in a different position have been Video recorded and the coroner’s court has all this evidence. Mr Charlie Bezzina a retired Melbourne homicide detective has viewed these video recordings of the two witnesses and said this is (GOLDEN EVIDENCE) they were interviewed separately and both backed each other up.
Also a security guard had said he saw Elly at around 2 am that morning. We found this out from some ladies who worked at Tofo De Mar Hotel where the security guard had worked but he had left since.
It just goes to show you how little investigating work the Mozambique police were doing, as I was there for 8 days, two years after and look at all the critical factual evidence I obtained in 8 days!
As I said I did not know what to expect but it soon became clear to me that the local police in Tofo were the ones to be careful about. The locals were very friendly as they knew you had money and they were all over you. The locals were intimidated by the local police and they were very scared of the police and there was no way they were going to talk to me about what happened to Elly. Some of the police carried around Ak-47 machine guns over their shoulders. I never thought I was in danger as I organized to see the police and tell them what I was doing and who I was. They were good with me and could understand but the locals were afraid of the police and if they were to talk or speak up against the police there was a good chance they would go missing.
During the short time I was there on the ground in Tofo three lots of tourists were taken to the police station and placed in jail for doing only small things wrong. I was told by the locals they would leave you there for a day or two to get the maximum money from you so you would beg to be let out of Jail. I was told this was a very effective method used by the local police and how the police were paid really.
After a few days I had organized a meeting with the local police superintendent who was a lady and she told me the case is with the criminal investigation police in Inhambane and I will need to talk to them about this case.
I had organized an official translator, a lawyer from Inhambane which my guide found out about from talking with the locals and I had to pay the translator for his services. It's important to have an official translator when talking with the authorities if you can get one. It was even more important for me because I was recording all the meetings. The local police superintendent called them in front of me at this meeting and arranged a meeting with the chief superintendent Mr Cudzi who was in charge of Elly’s case.
The very next day I was to travel to Inhambane which was only a short drive forty minutes to see the inspector in charge of Elly’s case. I was so shocked with what inspector Cudzi told me. He said:-
“her body was moved after her death and that she was murdered at the main beach and then moved to the toilet block as the sand in her mouth was beach sand not the dark sand found at the location where her body was found”.
Now you have to ask the question of the AFP here because the AFP had meetings with the same chief inspector Cudzi and they never reported this but he had NO TROUBLE informing me of this critical evidence. (all video recorded) The chief inspector Cudzi knew about the different sands straight away at the crime scene but no mention about the ripped apart top at this meeting!! I found it very difficult to really look at the clear photo and I did not realize the top was ripped apart until I arrived home. This also proves the lack of integrity from the AFP as they must have been aware of this critical evidence in 2016/17!!!
Note : All the video recordings I took on this trip were all placed into evidence by the coroner’s court in 2018 by the coroner's assistant Mr. King Taylor and they were entered as evidence in the old brief. This meeting with Mr. Taylor was recorded. There are around 60 in total. Therefore the coroner's court has the video meeting No 75 where the inspector Cudzi states Elly was murdered and her body was moved.
I have said all along the Mozambique police do not have the resources to conduct a murder investigation and after the meeting with the chief inspector he asked me to make an official statement. This was pointing out all the evidence I had found and when we needed to get a photocopy of this document they didn't even have a photocopy machine. They didn't have a photocopy machine and we are not talking about a local police station here we are talking about the Top Criminal Investigation Headquarters known as (PIC). We had to walk up the street to the post office with an inspector standing in this long queue and pay to get copies of my statement.
Just recently DFAT’s Stacey Walker who was on the ground in Tofo with AFP Mr Scruton in 2016 has submitted a statement to the court. Stacey Walker clearly states in her statement to the coroner’s court that the Mozambique police are poorly resourced to run an investigation of this nature. You can’t tell me the AFP were not aware of this in 2016 as Stacy Walker was AFP Mr Scruton Translator and attended the first and second meetings with inspector Cudzi on the 18th November 2016 only 9 days after Elly’s death.
The doctor who attended the crime scene that morning and later examined Elly’s body at the Inhambane hospital was in attendance at this meeting on the 18th November 2016 and she was asked a number of questions by AFP Mr. Scruton at the meeting and he took notes from this interview with the doctor which are in his AFP action sheet. Still no mention about a ripped apart top from this first doctor at the crime scene as there is no mention in the AFP action sheet with notes taken by AFP Mr Scruton. How can there be no mention of a ripped apart top from the first doctor at the crime scene in Mr Scruton’s notes in the action sheet as this top is totally destroyed!!! (see bottom of Mozambique deception blog destroyed top)
More meetings/emails and calls followed in 2016/17 between Stacey Walker and AFP Scruton and the chief inspector Mr. Cudzi. This proves there was some corporation at the start until the Mozambique inspector was given the clear photo and realized the top was torn apart as the evidence proves it wasn’t torn apart at the crime scene when he or the doctor attended otherwise they would have mentioned it was torn apart at this meeting with AFP Mr Scruton and DFAT’s Stacey Walker only 9 days after Elly’s death. As Mr Cudzi and the doctor had never reported a ripped apart top to anyone at this point in time after attending the crime scene on the 9th November 2016!!
I reiterate Why has Inspector Cudzi or the doctor not report that the t-shirt was ripped apart at this meeting on the 18th November 2016 to afp Mr Scruton or DFAT’s Stacey Walker. (however was it mention that the top was ripped apart but it has not been entered into any AFP/DFAT’s action sheet or reports)!!! However the evidence indicates the top was not damaged when the doctor and Inspector Cudzi turned up to the the crime scene at 9am on the 9th november 2016!!!(see Mozambique deception blog for answers)
I found Tofo to be a friendly place and it wasn't the people you needed to worry about so much, it was the local police. If you need to travel to a third world country I would say to be careful of the local police, there’s no way you can trust them, and as I said at this time they were our number one suspects with the crime scene having been changed early that morning. The people were friendly in Tofo but Africa is very big and people in other areas may not be as friendly. However I am sure they would think the same way in most areas of Africa that you are rich and they all want to be your friend because they are so poor.
I went over to Tofo again 12 months later, the reason I went over for the second time to Tofo was to post a reward. I thought as money talks in a place like Tofo this may make a difference by posting a reward and walking around the streets that someone may talk to me once the word is out about a reward. Tofo is a small place and people may talk but the locals were very scared of the local police. I was really surprised that no one said anything to me. This was very disappointing as I was sure someone would talk for the money in a small isolated fishing village like Tofo. I think because it is such a small fishing village that everyone knows everyone therefore they have to live there so no one wants to talk. I did get the information though it was more than just the police they were scared of as I was told they all work together and it's all about money. Therefore if you lived there you are not going to take the risk to say anything to me about what happened to Elly.
I don’t think the police are involved with Elly’s murder, they were involved in helping a local business man change the crime scene to make it look like an accident for his business interest. He had been operating there for a very long time with a charter fishing sightseeing business. I did get the feeling this business man was running the show in Tofo and definitely had an influence over the local police.
How this businessman happened to be one of the first to be at the crime scene early that morning was because he was walking his dogs on the main beach and the fisherman who found Elly was running down to his friends at the beach and ran into the business man along the way. They went back to the crime scene together and the police turned up at this time. The business man took control telling the police to rope off the area. ( Note;- all recorded as I had arranged a meeting with this business man on my first trip)
I was worried about getting home when I was leaving on my second trip as the police were not as friendly the second time round, just ignoring me. I thought the police may pick me up at the Inhambane airport on my way home as I went over with 60 minutes the first time which they were not too happy about on my first trip.
Therefore I avoided the airport and took a Taxi from Tofo to Maputo which took around 9 hours and we passed through 28 police roadblocks on the main road. I was starting to think this was a bad idea. On the way were police with machine guns standing over people pulling over all the tourist cars at the roadblocks and pulling out everything onto the road from their cars and vans searching for contraband .
I asked my driver why they were not pulling us over he said it's because I have already paid to go through in advance. Yes, that made me very happy. It was a wave and a smile, off we went each time waved through. Thank you very much. I can tell you that you would not want to get caught with drugs out here however my taxi driver said if they don’t find any drugs and are having a bad day they soon will if you know what I mean. This is why I was worried about leaving from the Inhambane airport. Therefore my tip is if you do have to travel this road do so in the morning.
I was very lucky because the taxi driver had known Elly as she taught him how to swim and he got his first job from Elly teaching him how to swim, on a fishing charter boat as you needed to be able to swim to get the job on the boat. So he looked after me and only charged me 15,000 Metical which was around 350 aussie dollars.
As soon as I got home from my first trip Mr. King Taylor the coroner’s assistant informed me the coroner Mr. Bracken at the time would like all the information/evidence I obtained from my trip and a report on my trip. (Hence video No 75 of the chief inspector Cudzi stating Elly was murdered)
When I went over to Mozambique in October 2018 I also had a meeting with the South African doctor who conducted Elly's second autopsy Dr. Klepp and she confirmed the abundance of sand and I told her the Melbourne pathologist did not find any sand. She said and I Quote:-(All Recorded)
“how could that be I found plenty of sand”. Why did he not ring me”.
This is also when I obtained the clear photo of Elly on my first trip to Mozambique stopping in South Africa first to talk with Dr. Klepp. After hearing from Dr Klepp I was furious with the Melbourne pathologist as he also should have spoken or contacted Dr Klepp in 2016 and the cause of death would have been established in 2016 not 2023. I sent information about how displeased I was with the Melbourne pathologist and rang and emailed the coroner's court but they did not want to hear about one of their own doctors form the VIFM like this with these facts I now had.
I also confronted the AFP asking them why they hadn't done anything as I found all this evidence in 8 days, I started to send an email everyday with no reply. I then decided to copy other government agencies into my emails which prompted them to reply by letter. I received a letter from the AFP on 18th March 2019 and they informed me by letter I am compromising the coronial and diplomatic process in copying others into the email correspondence I sent them.
ANSWER MY EMAILS THEN!!!
This letter States: "We respectfully request that you note our correspondence classification of ‘official use only’ ,in that correspondence from the AFP is not further disseminated by you, to protect the integrity of the Victorian coronial process and ongoing investigation by the Mozambique authorities. We remain conscious that copying third parties into correspondence may compromise the coronial and diplomatic process.
After the police reports in 2017 did the AFP really think the Mozambique authorities had an ongoing investigation at this time in March 2019!!!
These Mozambique police later on were all dismissed for corruption and it was not until Nicole Elly’s mother got a lawyer involved over in Mozambique and had the case reopened again in 2021 did they really start some sort of a proper investigation in Mozambique which they now have informed the AFP that my daughter’s death is a Homicide after going over there only because the Coroner Mr Cain at the hearing early 2023 asked the AFP “TO MOVE HEAVEN AND EARTH FOR THE FAMILY”.
A meeting with the AFP and Mozambique officials was arranged in Maputo on the 19th May 2023 and the AFP were informed at the meeting that the evidence proves my daughters death is in fact a Homicide and that they do have suspects but not enough evidence. Hence the critical importance of Elly’s clothes she was wearing at the time of her death for DNA!!
Sting Operation Mad Nick
First I need to explain that Mad Nick is a private German investigator. He saw the 60 Minutes program on Elly and as he was very familiar with Mozambique he then decided to contact me in June 2020.
He offered his services Pro Bono to help me with Elly’s investigation.
I mentioned the tip off to Nick I received in March 2020 and he started to look into it for me. He said he has run undercover operations before with huge success and then told me about some of his operations. They were secretive as the authorities he was working for did not want people to know he was the person responsible for the successful operation and not them, and he was fine with this.
He told me we can run a similar operation here that may just work, therefore the sting operation was in motion as it was something we did which could have paid off. The reason we did this was because I received a tip off in March 2020 from a lady on Facebook.
The lady had just stayed in Tofo and had some information about a man called Toni who was in charge of the gang and drug trade in Tofo. She told me her kids came home from the market one night and asked their caretaker where they were staying if he knew a man called Toni. He told her kids I can't say anything except that Toni is not a nice man, you need to keep away from him. The next day the lady asked the caretaker about Toni. He said do you know about the Australian girl? And she said yes. Tony and his gang were behind that. She said he is very dangerous and has tattoos all over with a teardrop tattoo on his face. He would hang out near Branco’s pizza place.
Nick and I both thought this is a tip off which was genuine. Nick said we need to run an operation and we needed to interview some girls over there who we can send in to make friends with Tony (Antonio) and run a sting operation. It took some time and money but we actually got in off the ground and had a girl sending actual recordings back to us on Tony. They were about some crimes he had committed in the past but not about Elly.
The issue we had is she just couldn't mention Elly all of a sudden after so many years, this would have given her away and arouse suspicion. We had just arranged to set up at the toilet block for more pictures to go up of Elly which had been taken down to start some talk around Tofo again to help her. However as we were setting this up the girl was scared with some of the things Tony was saying to her and she was very worried so we decided to stop and pull her out as it was too dangerous before we got any information on Elly.
In the end this was a disappointing outcome but we had to try given the information we were given.
We are currently working on another suspect who has left Tofo and we are looking into the information we have on him. I can’t say too much more about this other than the information we have obtained is promising and he is well protected!!
The Radiology Report
You may be wondering why a radiology report, as it turned out this report was so critical. It was so critical with the relevant facts that the coroner’s court did not want this doctor as a witness because what's in this factual report does not look good at all for their VIFM pathologist who conducted Elly’s autopsy in Melbourne and I will explain why.
Mr. Charlie Bezzina started to help me in 2018 he is a well respected retired Melbourne homicide detective and he asked me one day with all the marks and bruising on Elly’s face, were there any fractures anywhere on her head. I said “that's a good point I will ask”.
I rang Mr. King Taylor (Coroners assistant) early 2019 and asked him the same question and he said he did not know he would ask the autopsy pathologist. To my amazement the doctor did not know either but Mr. Taylor informed me I could get a radiology scan from the CT scan of Elly’s body if I ask for this. I was amazed this was not completed in 2016 to check for any fractures of the head anyway with all the marked abrasions and bruising on Elly’s face.
I told Mr Taylor yes I would like the radiology scan done and to my amazement it came back with Elly’s airways full with sand, very high density levels 1290HU and 947HU and no fractures to the head.
When I got the radiology scan report from Dr O’Donnell I was shocked to see so much sand still in Elly’s airways. I am no doctor but reading and viewing this report I got a fair idea about the sand.
Note :- All this was confirmed at the latest inquest as Dr O’Donnell states both lungs are full with sand with very high density levels in the upper and lower airways.
The Melbourne pathologist was asked questions about the radiology scan by Mr. Taylor after the radiology report in mid 2019, all he could say was it was;-
It’s impossible to Quantify the sand in the airways.
I knew Elly airways were full with sand so I had organized to see another pathologist Dr. Byron Collins who told me;-
“I can't explain how he missed the sand in his autopsy”. “All I can say Paul is the radiology imaging shows it’s there all the way down her airways and into both lungs”!!
Below is from day three 24th August 2023 of the inquest transcript Dr Lynch states;-
WITNESS LYNCH: I confess, I saw what I've described as a small amount of sand in the airways, but I didn't think to take it as a sample but I have specifically commented that there was a small amount of residual sand, and this would be, ah, mixed with the body fluids related to decomposition and also to the embalming process.
Dr. Klepp in evidence at the recent inquest confirmed she had removed a tampon from Elly and had placed it in a plastic bag placing it inside Elly's body for transport to Melbourne. The Melbourne pathologist had also not found a tampon in his examination!!!
When the Melbourne pathologist was asked about the tampon he said;-
“it is possible I may have missed it”!!
What really shocked me even more was at the inquest the evidence from Dr. O’Donnell and Dr. Klepp at the inquest as it was so compelling. Dr. O’Donnell stated that her lower Lung trees were completely full with sand and the density level at the back of the nose was 1290 HU and the lower airways was bone density was 947HU. I do talk about this in detail in my oral submissions transcript blog, but 1290HU is pottery and cement density and bone is around 1000 HU. This gives you some idea of how packed the sand was initially for these high density levels of sand to be still in Elly's airway’s at the time of the Melbourne Autopsy and the lower airways recorded 947HU. How is it possible for the Melbourne pathologist to miss all this sand and get it so wrong!!!
His autopsy conclusion, undetermined, has caused so much trouble for the family because he could not determine the cause of death when the other two autopsies had clearly recognized the cause of death and this is the major reason why it has taken 7 years!!!!
I could not say this to the coroner in my oral submissions on the 11th December 2023 because I was advised it would not have been in my best interest to do this as it would be the last thing the coroner Mr. Cain would want to hear about with one of their own VIFM doctor’s. It was also overheard by my legal team that the Melbourne pathologist was referred to by the court as “Linchy” at some stage in the inquest.
The Inquest
That brings me to today and seven years later the Mozambique police now state that my daughter’s death is a homicide. They have suspects but not enough evidence to convict any one hence Elly’s clothes for DNA. The Melbourne coroner has just conducted an inquest and could only say it's a possibility Elly’s death is a homicide. Which has let down the family because there are highly suspicious circumstances with compelling evidence that my daughter was murdered.
It was important here for the coroner to be more confident in saying Elly was murdered and support the Mozambique authorities' conclusion of homicide as the judge in Mozambique was waiting for the coroner’s decision here and adjourned the case in June 2023 waiting to see what their next steps were going to be with their investigation once the inquest was finalized in Australia.
The Melbourne coroner has probably now squished any chance of justice for Elly and family with such a low confidence finding from the Australian judge.
When dealing with the Victorian coroners court if your loved ones death is straightforward and it’s homicide in the country where it happened and their doctors state its homicide this still has to be determined here in Australia I found. If a doctor at the VIFM completes an autopsy because the coroner requests one here in Australia they also need to state the same cause of death. If not this will cause you big problems, as it did in Elly’s case. If they don’t agree with the other countries cause of death this is where we had trouble with Elly’s death because the Melbourne pathologist said Elly’s death was Undetermined. I could not understand this at all at the time because the Mozambique and South African doctors found that Elly’s airways were abundantly packed with sand. In fact the South African Dr. Klepp said in evidence Elly’s airways were and I quote from evidence at the inquest “Chockablock” and this is after she had been already examined in Mozambique.
This is one of the major reasons I asked for a meeting with the Melbourne pathologist in 2017 was because I had already been informed by Dr. Klepp about the packed sand over the phone on the 20th November 2016. The Melbourne Pathologist at the meeting on the 7th September 2017 states there is no mention of any packed sand “I did not see that”. I tried very hard to tell Dr Lynch yes there is and I explained it to him in 2017 at this meeting about the eye witness who states Elly’s mouth was packed with sand that morning at the crime scene and that this is supported by Dr. Klepp and the Mozambique autopsy as they state abundance of packed sand. (This meeting is ALL Recorded with consent)!!!
This has now been all confirmed by Dr. Klepp at the recent inquest in 2023 as Dr Klepp clearly states in giving evidence:- (Elly’s airways were “chocablock” with sand)dr Klepp also states she “absolutely agrees” with the eye witness at the crime scene on the morning of the 9th November 2016 that Elly’s mouth was packed with sand at the inquest!!!
Therefore under these circumstances if the Melbourne pathologist is not in agreement with the overseas doctors I feel it may not be in your best interest to have an inquest because the coroner generally will run with the Melbourne doctor anyway from their own VIFM. Having said that, the compelling evidence from Dr. Klepp with the amount of packed sand she described did change the Melbourne doctors conclusion of undetermined because of the factual evidence at the inquest that the obstruction of sand in the airways was so comprehensively compelling.
In my oral submissions on the 11th December 2023 I told Mr Cain this and Mr Cain AGREED with me.(See my Oral submissions blog Transcript Pg’s 250-251 and 254.)
This left Mr. Cain with no choice but to change the Melbourne’s pathologist conclusion of undetermined as the cause of death. What's really very upsetting for the family is the family knew this all along because I had a phone conversation in 2016 and a meeting with Dr. Klepp on my first trip to Mozambique and she explained the sand and how packed it was to me.
I did fully explain this to the coroner’s assistant at the time Mr Taylor when I got home from my first trip to Tofo. The coroner’s court was aware of the full impact of sand in 2018. Even from the start it never added up with the Melbourne pathologist autopsy conclusion as undetermined.
At some point in time Mr Taylor had phoned Dr. Klepp I think it was 2018 after the meeting with the Melbourne doctor because he informed me he had phoned Dr Klepp and she obviously would have told Mr Taylor directly about the packed sand because of her compelling evidence given at the inquest recently but the coroner’s court did not want to know about this because the Melbourne doctor did not find any sand!!! This did not look good as this is one of their own VIFM doctors!!!
I am aware for a fact Mr Taylor contacted Dr. Klepp for a second time in 2019 this was about the tampon as I had asked Mr Taylor where is Elly’s tampon and has it been forensically tested. This was because I could not see it mentioned anywhere in the Melbourne autopsy report but it is mentioned in the South African autopsy report. Mr Taylor informed me that Dr. Klepp told him over the phone that she removed the tampon and placed it inside Elly’s body for transport to Australia. However Dr. Lynch did not find a tampon in his examination!!! Dr. Klepp confirmed this again at the recent inquest that she placed the tampon inside Elly’s body!! Given the circumstances of Elly’s death this evidence was critical evidence which was inside Elly’s body at the time of death. Its confirmed at the inquest by Dr. Klepp that the tampon was transported to Melbourne where the body underwent a further examination in Melbourne with the tampon inside. This vital evidence should have been sent to the VIFM laboratory for testing!!! This is why you need to keep direct contact with the court’s coroner’s assistant so you can ask these questions directly and also go over the evidence again and again as I missed the tampon in the autopsy reports early on. This is fully explained in my blog (advise to other families).
Dr. O’Donnell states he could not find a tampon in his radiology scan. Well its got to be there!! We should have another independent radiologist specialist look for the tampon in the radiology scan who is not connected with the VIFM!!!!!
Note;- When talking with the coroner’s assistant, record everything or take notes and its very important to note the date your conversation took place. It’s not illegal to record anyone here without consent as long as you are a participant in the recording.
This information, though put the coroner’s court in a very awkward position with the VIFM doctor at this time in 2018 about the abundance of packed sand found in Elly’s airways. If the Melbourne pathologist had contacted Dr. Klepp back in 2016 with a video conference I am 110% confident the Melbourne Pathologist would have had a far better understanding of the volume of sand in the airways in 2016 and that it would have be established at this early stage that sand was the cause of death in 2016 not 2023. What confirmed this evidence later was the radiology report Mid 2019.
This may have even resulted in the manner of death as well because when I got home from bringing Elly’s body home from South Africa. I contacted Dr. Klepp over the phone myself on the 20th November 2016 and told her how concerned I was with the marks on Elly’s face and Dr. Klepp then told me she had also inhaled a large volume of sand. I asked Dr. Klepp if she thought foul play was involved and Dr. Klepp told me it's looking that way Mr. Warren as it looks consistent with being held down into the sand but I need to wait for the toxicology results first.
I have no doubt if the Melbourne pathologist had a phone video conference with Dr. Klepp in 2016 we would not have been having a inquest in 2023 as the consequences from that meeting between the two doctors would have prompted a inquest much earlier to determine the facts we now know with the inquest being conducted in 2023! Dr. Klepp would have told the Melbourne pathologist all the circumstances in 2016 which she has stated at the inquest in 2023 that Elly’s upper and lower airways with her lungs chockablock packed with sand. Dr. Klepp may have even mentioned the Tampon at this time in 2016!
As I have said I was so shocked how compelling Dr. Klepp’s and Dr. O’Donnell evidence was in the inquest if she had of told the Melbourne pathologist this in 2016 this would have also resulted in further evidence for reasonable cause for the AFP to send a MAR in 2016. Because Dr. Klepp was agreeing with the abundance of packed sand found in Elly’s airways from the Mozambique autopsy and was very suspicious that it was foul play at this time in 2016.
I still can’t believe that a clear photo of a ripped apart top and a Mozambique autopsy report and police report both stating homicide was not enough evidence to say this was reasonable cause that a crime had been committed early on 2016/17!!
The coroner Mr Cain did not think so and he made that very clear at my oral submissions.
I reiterate the coroner at the inquest Mr Cain kept asking me how the MAR would have made a difference in 2016. I am amazed that Mr Cain dose not think a clear crime scene photo with a top ripped apart from the shoulder and all the way down her side with her underwear at her knees and half naked body with two official reports stating homicide is not enough evidence for Mr. Cain to say it is reasonable cause for a MAR to have been sent 2016/17.
If the coroner in 2016 was aware of the clear photo and that the top was ripped apart I am sure this would have made a difference at the time and a meeting would have been necessary to discuss this critical evidence in 2016/17.
However exposing this evidence to the coroner in 2016 raises some very serious questions which the AFP did not want to explain!!
It was obvious Mr. Cain had already made up his mind about the MAR that it would not have made any difference in 2016 before my oral submissions with his response’s. Is this also speculation from Mr Cain as he states that to me in My oral submissions. How does he know for a fact that the MAR would not have made any difference in 2016/17 especially with DNA evidence!!!
This is what Mr. Cain was on about, would it have made any difference having known about all the factual evidence back in 2016!! Well I definitely think it would have without doubt.
On Dr. Klepp autopsy report she states at the bottom if anyone would like to ring her about her report please don’t hesitate to do so and she has attached her phone number to her autopsy report. I am sure if the coroner had been aware of all the entire facts in 2016 this would have made a difference. We would not be having an inquest seven years later in 2023 as I stated to Mr Cain in my oral submissions.
Inquest, very important facts behind the scenes!!!!
The coroner is in complete control of the inquest. You really don’t have much say even with submissions from you as the coroner will always run with the opinions or conclusions from the Melbourne doctors from the VIFM. Even though it was so obvious the Melbourne pathologist had no idea, if it was not for Dr. Klepp’s compelling evidence at the inquest we would still not have a cause of death today!!
What was really surprising was the court did not want the radiologist Dr. O'Donnell as a witness yet his report showed that Elly’s airways were full of sand.
It then became very clear to the family how the court can control the proceedings to suit themselves. The Melbourne pathologist has stated at the inquest he did not find any sand, only some residue of sand and Dr. Donnell’s report shows that there was plenty of sand inside Elly when the Melbourne doctor carried out his autopsy in 2016. The court did not want Dr. O’Donnell as a witness for this reason as its all entered in the court’s transcript as fact. My lawyer and I had to fight very hard to convince the court how important Dr. O'Donnell was sending correspondence to the court and a letter to Mr. Cain explaining how important Dr .O’Donnell was. (SEE correspondence on this website)
Surely the court was aware how important Dr.O’Donnell was but they were trying to protect the Melbourne pathologist at the inquest. It was pretty obvious to us what was going on here!!
Let's put this in perspective, why do you not want to have the DOCTOR as a witness who has conducted a radiology report with the facts showing very high density mass levels of sand in the upper and lower airways with both lung trees full with sand!!
Below is from day two of the inquest transcript His Honour’s comments about Dr. O’Donnell:-
HIS HONOUR: Yes. Let me deal with Dr.O'Donnell in the first instance. He was an input into Dr Lynch's report and he's only here because your client requested it.
Dr. O’ Donnell is a very important critical INPUT. I do find this above statement from Mr Cain bewildering as Dr. O’Donnell’s evidence about his radiology report was so critical to explaining the cause of death. He really was the only one who could fully explain his own radiology report!! Why would you not want Dr. O’Donnell as a witness to explain the sand obstructing the airways in his report especially if Dr. Klepp refused to be a witness which was not confirmed until a few days before the inquest!!
I was gobsmacked that the court did not want Dr.O’Donnell as a witness at the inquest and that I had to explain by letter how important he was so that Mr Cain would change his mind!!
THE REALLY INTERESTING FACT HERE IS MR CAIN HAS LEFT this OUT OF NO 39-40 IN HIS FINDINGS WHEN EXPLAINING THE WITNESSES THAT THE COURT DID NOT INITIALLY HAVE OR WANT AS THE COURT DID NOT WANT DR.O’DONNELL AS A WITNESS AND THAT I HAD TO REQUEST THAT THE COURT CHANGE THeir VIEWS AND INCLUDED DR O’DONNELL AS A RELEvaNT WITNESS.
It is also interesting that Mr Cain has left out the very high density reading of 1290HU upper airways and 947HU lower airways from his findings as this exposes the Melbourne pathologist and that the lower airways trachea and trees of the lungs were bone density levels as recorded in the radiology imagery and this report with these factual readings doesn’t look good for their VIFM autopsy doctor in their team.
Note:- The upper reading of 1290 Hu is a factual reading at time of death as Dr. Klepp’s washing of sand could not dislodge this mass of sand at the back of the nose as it is a hard place to get to as described by Dr. O’ Donnell at the inquest when giving evidence as he was asked this question at the inquest and he confirmed this. ( Therefore this very high density reading at the back of the nose ( upper airways) has not been compromised by any washing from Dr. Klepp and is the density reading of sand at the time of death 1290HU. (which is an equivalent density reading to pottery or cement).
This is very important to factually establish this very high upper airway density level at the time of death and for this reason I can’t understand why Mr Cain has left out these very high density readings in his findings especially the upper airway reading behind the back of the nose as this did not dislodge from washing and is the factual density reading at the time of death!!!
This is a very important confirmation by Dr O’ Donnell at the inquest as it proves the density level at the time of death at the back of the nose is infact 1290HU.
However Dr. O’ Donnell states the lower airways density of 947 Hu may of been somewhat comprised from the washing down of sand from the upper airways from Dr. Klepp into the lower airways however it is not likely to have had much of an affect as sand was already chockablock/packed in the upper airways. Both lower lung trees were also fully full with sand as shown in Dr. O’Donnell’s radiology scan and confirmed in evidence at the inquest by Dr. O’Donnell. Also the high density mass readings in the upper airways behind the nose had not dislodged from washing given you a factual mass density level at the TIME OF DEATH behind the back of the nose of 1290HU. Therefore there is CORRELATION between the upper and lower airway readings of high density levels of foreign material (SAND) at the time of death. Also Dr. Klepp’s evidence at the inquest was so compelling that Elly’s upper and lower airways were as Dr. Klepp quotes in evidence at the inquest;- “chockablock” with sand and also agrees with the eye witness at the crime scene that Elly’s mouth was jammed packed with sand. This then gives you a good indication of how packed the sand was at the time of death and what the Mozambique autopsy doctors were confronted with at their initial autopsy before any washing by Dr. klepp as her autopsy was conducted after the Mozambique autopsy. Hence no hesitation by the Mozambique doctors examination conclusion of Violent death Homicide due to the abundance of packed sand with the abrasions and bruising on the mouth, lips cheek and back of her head in there autopsy report that they had found in their initial examination of Elly’s body. (I tried very hard to try and explain this to Mr Cain in my oral submissions at the inquest but I very much got the impression he had already made up his mind before my oral submissions)
The CT scan which the radiology report was generated from showing these very high density readings and lungs full of sand was taken just before the Autopsy from the Melbourne pathologist Dr. Lynch on the 22nd November 2016.
However Dr. Lynch was definitely not going to support the sand obstructing the airways at the inquest as he didn’t find any sand and states in his supplementary report in 2019 to explain the radiology report;-
He can’t quantify the sand in the radiology report in 2019!!
So why not have dr O’Donnell at the inquest who can explain the Radiology report and impact of sand it clearly proves.
it makes no sense at all for the court not to have initially included Dr.O’Donnell as a witness at the inquest, unless there was a very good reason not to include this critical relevant witness!!!
( see Correspondence) The letter to Mr Cain asking him to reconsider Dr O’Donnell as a witness for the inquest)
The other aspect was my barrister really wanted to cross examine the three doctors separately. He informed me this was very important that we are able to do this and my barrister requested this to the Mr Cain. However Mr Cain had a conference in his chambers at this time and refused our request saying the doctors will be cross examined all together. This was really a big setback as we needed and wanted to cross-examine the doctors separately. This is an indication of how the court will run things their way and you don’t have much control or say come the inquest.
My Barrister was not happy at all about this at the time.
Remember it is the coroner’s Inquest not yours!!!
If you don’t have representation it becomes very hard to bring your points across and question witnesses as the system at court makes it very hard for you to bring all your points and issues across without representation as you need to convey the requests to the coroners assistant to ask the questions. This makes it very hard to ask all your questions and convey them the way you would like to the witnesses. I would say if your case is complex you will need representation but remember the coroner is running the inquest and you are on the back foot from the start as the coroner will generally always go with the doctors report from the VIFM as they are all connected as one team at the Victorian’s coroner’s court.
I wanted to ask more questions to the Melbourne pathologist at the inquest but because of the close connections with the court I was advised against this as it would not do us any favors with the coroner!! It is a very difficult position to be in when you are so disappointed with the doctor that has let down the family, I did want to ask difficult questions but I took the advice on board as I could see their point of view. I was not happy about it as I did have plenty to say to the Melbourne pathologist at the inquest.
We were very lucky to have a doctor as a witness from overseas, as Dr. Klepp’s evidence was so compelling. I would say it is very unusual for the coroner to change the Melbourne doctor’s autopsy conclusion from the VIFM. This was what the inquest uncovered that sand was the cause of death but I already knew this with my phone conversations and meeting with Dr Klepp beforehand in 2016/2018.
The court needed to find this out through their process which takes far too long hence the families protest in the city.
One of the issues is the Mozambique investigation is overseas but the doctors working together early in 2016 would have helped that investigation outcome and the inquest process would have been conducted much earlier.
The coroner looks at only the relevant facts and there are two parts to someone's death: The cause of death and the manner of which the death occurred. We could not even get the Melbourne doctor to agree with sand as the cause of death even though we had two autopsies and a radiology report indicating to him that sand was a major problem here and the cause of death. I shake my head and it just goes to show you how much the coroner considers the Melbourne doctors reports initially from his team at the VIFM.
If it was not for Dr. Klepp’s evidence at the inquest being so decisive that sand was the cause of death we still would not have a cause of death today as I feel Dr. O’Donnell evidence would not have been enough as the coroner had left out the high HU density readings in his findings! We were very lucky that Dr. Klepp accepted to be a witness. If Dr. Klepp had declined the offer to be a witness as I said we would still be without a cause of death today as the court gave her this option to decline!!
There was so much evidence I missed at the start myself like DFAT’s assistant secretaries Clair’s Mc Comish letter exposing the AFP which will make more sense when you read my oral submissions transcript. This transcript blog gives you further insight into the AFP deception.
Reading over and over the autopsy reports even after five years, more important evidence came to light. Therefore I found it was very beneficial and important to read over and over all the evidence again and again and you will be surprised at what you have missed. Because I missed plenty at first and I was still finding out facts going over it again even after five years.
I am really very upset with the Melbourne pathologist and Australian Federal police as I do feel they definitely should have made a far better commitment to support and assist Elly’s family which I have no doubt would have changed the outcome and not have this drag on for seven years. I feel they basically did not care in the end.
I had plenty of critical questions for AFP Mr Scruton as well at the inquest but it’s difficult in some aspects when you have representation as I did run with their judgment. However in hindsight with Mr Cain not being critical of the AFP in his findings I now feel we should have been more critical of AFP Mr Scruton and asked the questions I had intended for him to answer at the inquest.
I thought we did a very good job with Commander Smith from the AFP and really had him on a few issues with the Mutual Assistance Request but obviously Mr Cain was set on his views with the MAR that we can’t just go into another country and run our investigation as stated in the inquest by Mr Cain.
However this is not what the MAR is for its to offer our assistance only.
There were other areas with the ripped apart top and the total impact of sand I feel we should have placed a lot more emphasis on these critical aspects as well at the inquest.
It’s difficult when you are represented. They give you advice which is all good advice, but it makes you think, should we ask these questions or will it upset the coroner, which is not good to do when the coroner is the one who has the final say.
I reiterate with the advisement of the courts connection with Dr. Lynch we needed to tread lightly here, as it would not be in our best interest to be critical of Dr. Lynch in front of Mr Cain. This is a very tricky situation to be in as the VIFM doctors are on the same team as the coroner’s.
Therefore if you have a problem with a VIFM doctor, is it going to be in your best interest at any inquest in Victoria to be critical of that doctor if you have issues. Under these circumstances with the conflict of interest so strong I would recommend you heed the advice from your Lawyer as this is a very sensitive issue with the court!! Therefore I took the advice onboard with Dr Lynch but I was not very happy about this situation we were placed in at all.
Mr Cain’s decision not to be critical of the AFP is a big worry for Australian families in the future as I tried my best with Mr. Cain in my oral submissions to change things so he would have recommendations to improve the system, but it was not to be. Therefore you are on your own still when an Australian family is faced with the same circumstances with a loved one’s death overseas!!
This is one of the reasons I wanted my oral submissions to talk directly with Mr Cain but he had obviously already made his mind up with some of his replies. What's very interesting is in my submissions I mentioned certain facts about the AFP which questioned their Integrity. I needed to tread carefully here as well with my oral submissions but I am sure the coroner was aware of these facts I stated at my oral submissions as it is also all supported with facts in my previous statements and letters I had given Mr Cain and Mr Bracken. (Look at correspondence on this website) Therefore I am really amazed he states he is not critical of the AFP in his findings. Remember the coroner’s are employed by the government.
Mr Cain’s findings were very disappointing with the strong proof of evidence in Elly's case that Mr Cain ( coroner) did not convincingly concur with the recent Mozambique police conclusion of Homicide. I think nearly everyone here after looking at the proof and strength of factual evidence would have to agree it's beyond reasonable doubt that Elly was murdered.
Mr Cain’s decision I feel will not help the judge in Mozambique to decide whether to continue on with the investigation over there. Mr Cain's findings I feel has really LET DOWN the family when the family needed his support to obtain justice for Elly based on the strong strength of evidence the family and doctors have given in evidence at the inquest. It’s not as if there is not enough proof of evidence here but it’s left to just one man’s way of thinking. Very disappointing!!!
I also feel the way the coroner’s court went about the inquest should come into question and I feel the reason is their close association with the VIFM doctors.
I hope this information helps other families if they have trouble overseas. There is plenty of information on here but this was the nature of the investigation with Elly’s case over the seven long years.
Paul Warren
Below is the two Mozambique police reports sent to DFAT. DFAT’s Stacey Walker passed these two Mozambique police reports on to the AFP which she has not disclosed in her statement.
Unofficial translation by Stacey Walker of the official police report into the death of Elly Rose Warren, received 6 April 2017
Letterhead of the National Service of Criminal Investigation (SERNIC), Department of Investigation and Criminal Instruction
Subject: DEATH OF AUSTRALIAN ELLY ROSE WARREN
It is incumbent upon us to inform you that the Inhambane Provincial Directorate of SERNIC undertaking its legal formalities in Criminal Process no 775/2016, for the crime of murder, in which the abovementioned citizen was the victim, single and 20 years of age, daughter of Paul Warren and Nicolle Caffakella.
The facts state that the body of the victim was found without life on the morning of 9 November 2016, in front of the public bathrooms at Tofo-Mar beach in Inhambane Province.
On the day before the occurrence, the victim spent time partying and drinking alcoholic beverages with a group of friends, namely Jessie Gloria Whitel, Jade Vitória Oshea, Jacb (sic) Elliote Dovei and Cina Khreiker, all foreigners, at the establishment of Mr Victor, located in the Tofo-mar market.
While together, the group thought it better to leave Mr Victor’s establishment and continue to party at Mr Faduco’s place, located in the area of Tofinho beach.
At around 23h00, the victim farewelled the group, alleging that she would return on foot to the establishment of Mr Victor where they had been previously. Her friends followed her and again joined her and continued to consume drinks.
Each time one of the participants felt tired or drunk, they abandoned the place to the remaining group.
It is suspected that the victim acted in this manner and snuck out, leaving the group.
The next morning, her colleagues from the party were caught by surprise when they found out that the body of Elly Rose Warren was found without life in front of the door of the public bathroom.
The Police were called and immediately took the following measures:
Placed a police presence to isolate and protect the site where the body was found
Inspected the site
The mortal remains of the victim were moved to the morgue of the Inhambane Provincial Hospital (HPI)
On 11 November, the body of the victim, accompanied by the police agent responsible for the case, was moved from the Inhambane Provincial Hospital to the morgue of the Legal Medicine Department at the Maputo Central Hospital (HCM),
On 30 November, a team of investigators from the Provincial Directorate of SERNIC, travelled to Tofo-mar beach, to monitor the investigation that was being undertaken
All stakeholders were duly notified and heard
The autopsy report was requested from the Legal Medicine Department of the HCM, having indicated an OVERDOSE (sic) as the probable cause of death.
This is all we are able to offer by way of information.
Maputo, 6 April 2017
Head of the Instruction Department
Januário Bernardo Cumbane (not signed)
Deputy Police Superintendent
Unofficial translation by Stacey Walker of the revised official police report into the death of Elly Rose Warren, received 10 April 2017
Letterhead of the National Service of Criminal Investigation (SERNIC), Department of Investigation and Criminal Instruction
Subject: DEATH OF AUSTRALIAN ELLY ROSE WARREN
It is incumbent upon us to inform you that the Inhambane Provincial Directorate of SERNIC undertaking its legal formalities in Criminal Process no 775/2016, for the crime of murder, in which the abovementioned citizen was the victim, single and 20 years of age, daughter of Paul Warren and Nicolle Caffakella.
The facts state that the body of the victim was found without life on the morning of 9 November 2016, in front of the public bathrooms at Tofo-Mar beach in Inhambane Province.
On the day before the occurrence, the victim spent time partying and drinking alcoholic beverages with a group of friends, namely Jessie Gloria Whitel, Jade Vitória Oshea, Jacb (sic) Elliote Dovei and Cina Khreiker, all foreigners, at the establishment of Mr Victor, located in the Tofo-mar market.
While together, the group thought it better to leave Mr Victor’s establishment and continue to party at Mr Faduco’s place, located in the area of Tofinho beach.
At around 23h00, the victim farewelled the group, alleging that she would return on foot to the establishment of Mr Victor where they had been previously. Her friends followed her and again joined her and continued to consume drinks.
Each time one of the participants felt tired or drunk, they abandoned the place to the remaining group.
It is suspected that the victim acted in this manner and snuck out, leaving the group.
The next morning, her colleagues from the party were caught by surprise when they found out that the body of Elly Rose Warren was found without life in front of the door of the public bathroom.
The Police were called and immediately took the following measures:
Placed a police presence to isolate and protect the site where the body was found Inspected the site The mortal remains of the victim were moved to the morgue of the Inhambane Provincial Hospital (HPI)
On 11 November, the body of the victim, accompanied by the police agent responsible for the case, was moved from the Inhambane Provincial Hospital to the morgue of the Legal Medicine Department at the Maputo Central Hospital (HCM),
On 30 November, a team of investigators from the Provincial Directorate of SERNIC, travelled to Tofo-mar beach, to monitor the investigation that was being undertaken All stakeholders were duly notified and heard
The conclusions of the autopsy undertaken by the Legal Medicine Department of the HCM, indicate as the probable cause of death of ELLY ROSE WARREN:
Mechanical asphyxiation
The introduction of sandy contents
The obstruction of the superior and inferior respiratory airways by sand,
Direct suffocation
That it’s being treated as HOMICIDE
The processo is in the instruction phase
This is all we are able to offer by way of information.
Maputo, 10 April 2017
Head of the Instruction Department
Januário Bernardo Cumbane (not signed)
Deputy Police Superintendent