Date 20/11/2024

To the cabinet of the Prime Minster and all government agencies relevant to the matter and others.

I have sent reports to the Prime Minster, AFP, DFAT and Coroners Court with full transparency asking the Australian government for an inquiry/investigation into the handling of my daughter's death by all Australian agencies concerned.

I have received acknowledgement from the AFP that they had received my report (Response to their statement) however, I have had no reply to this report from the AFP which was sent on the 27th May 2024. (I have attached below again for reference)

I have also had acknowledgement from the cabinet of the Australian Prime Minister that they had received my reports over four months ago. (These two reports are also attached below for reference) I have received the same standard acknowledgement three times now from the Prime Minister’s cabinet, (also attached below). In my reports I question the integrity of the AFP and other Government Agencies in the handling of my daughter's murder which has been clarified twice now as murder by the Mozambique government and police authorities.

The Australian Government has the responsibility to conduct an investigation as the governing body overseeing all government agencies when their integrity is questioned with factual evidence proving that they have not carried out their sworn duty to the family and Australian people.

I am asking the Australian Government to investigate the AFP and the coroner's court handling of our daughter's case. The discrepancies, inconsistencies and cover up of evidence which affects the integrity of the AFP , Coroners Court, Mozambique authorities and certain individuals.

On recapitulating some of the major issues below.

These are very serious issues which are not allegations because they are facts which can be proven and they need to be addressed by the Australian Government not just for Elly’s family but for all Australians.

My understanding is the AFP are the sole police governing body for overseas crime matters for the Australian government and the Australian public. The AFP’s sworn duty is to protect all Australians and their interests by preventing any distrusting threats to Australian families lives, livelihoods and the Australian way of life here and overseas.

1) Can someone please explain to me then why The AFP/SLO in South Africa or AFP Australia did not enter the new evidence of the clear crime scene photograph clearly showing our daughters top as ripped apart from the shoulder and all the way down her side which is destroyed into evidence . Therefore the coroner or the family were not informed or made aware of by the AFP of this critical evidence, the new evidence of the clear version of the crime scene protograph.

The AFP are solely responsible for any critical crime scene evidence they receive in this case the new evidence of the crime scene photograph on the 25th November 2016 in its clear form depicting vital evidence in this new clear version of the clear crime scene photograph. The AFP/SLO in South Africa then after 14 days handed over this critical evidence to the Mozambique Inspector on the 8th December 2016 as per his AFP action sheet on this date.

However the AFP did not report on or hand over this vital evidence to the coroner in charge of the colonial investigation at the time Sarah Hinchey or the family being solely responsible for this new critical highly suspicious crime scene evidence as the police governing body for overseas crime matters.

In an AFP statement it states the AFP were in a supporting role for the coroner at the time helping with the coroner’s colonial investigation. Why then was this critical new clear version of evidence not entered into evidence by either the AFP, AFP/SLO in South Africa or Australia as it is not in any AFP statements on the dates they received this new evidence the 24/25th November 2016 and that it had been handed over to a foreign authority. There is no mention in any AFP statements that the top is destroyed and ripped apart!!!

It is now confirmed in an official letter after 7 years by an Australian Government solicitor that the AFP had received this new evidence on the 25th November as stated in this official letter sent to the coroner on the 16th June 2023. The Blurred version of the crime scene photograph is entered in the AFP/SLO statement from South Africa but the clear version given to the AFP on a separate date clearly showing vital evidence that black T-Shirt our daughter was wearing at the time of her death is in fact ripped apart was not entered into any AFP/SLO statements therefore this clear evidence was withheld from the family and coroner in 2016/17 by the AFP as they have full autonomy over this critical evidence as the governing police authority in Australia. (The AFP’s motive which I believe is in my reports attached below)

Also a sand sample taken by the AFP/SLO in South Africa only a few days after our Daughter’s murder was also not entered into evidence as it is not in any AFP/SLO’s statements; This sand sample was critical crime scene evidence taken from the area directly where our daughter’s body had laid at the toilet block which the crime scene had been roped off for some time after by the Mozambique police.

It is DFAT’s responsibility to pass on any Crime Evidence they receive with the matter to our governing police body at the time the AFP. Therefore DFAT had fulfilled their responsibility each time by passing on this vital crime scene evidence. This is fact and stated in a letter from DFAT’s assistant secretary Claire Mc Comish on the 22nd March 2019 to the family. DFAT, having initially obtained this critical evidence, had passed this evidence over to the AFP twice, once as the Blurred version on around 14-17 November 2016. The AFP/SLO in South Africa then passed this blurred version over to Mozambique inspector as per the AFP/SLO action sheet on the 20th November 2016. As I have stated the AFP and the AFP/SLO in South Africa then after receiving the new evidence of the clear version of this crime scene photograph from DFAT clearly showing the ripped apart top on the 25th November and then the AFP/SLO waited around 14 days before handing this critical evidence over to the Mozambique police. This is an explicit photograph of our daughter’s naked body and the AFP did not have the decency to inform the family or the coroner that they were passing over this naked photo of our daughter to a foreign country!!

When I went over to Mozambique in 2018 I obtained the new evidence of the Clear crime scene photograph and sent it to Kate Sanderson at the coroner's court by email from Mozambique in October 2018. This was the very first time the family and coroner was made aware of this new evidence of the clear crime photograph two years after our daughter’s death when I obtained this clear version and I sent it to the Coroner’s court in October 2018. I know this for a fact because as soon as I returned from Mozambique Mr Bracken the coroner at this time had asked for all my evidence and a report/Statement on my trip. A meeting was then arranged with the Coroner’s assistant at the time with Mr King Taylor. Mr Taylor was very interested in all the videos and pictures, especially the clear version of the crime scene photo. Mr Taylor asked me how I obtained the clear photograph and I told him it was from a fisherman but I was not sure if it was the same fisherman who took the photograph. I then said to Mr Taylor this is the first time I have seen this clear photograph and surely the coroner was given this clear version in 2016 and why was the family not made aware of this clear version as the family was only given the blurred version. Mr Taylor told me after investigating that the coroner’s court was given the Clear photograph by DFAT in 2016 but this version was just filed away at the time. He said this is the first time he and the coroner Mr Bracken had seen this clear version. Therefore this clearly proves that the critical clear version of the crime scene photograph was never entered into evidence or reported on by the AFP to the coroner in 2016/17 as it was not entered into the coronal brief as evidence until after my trip to Mozambique in October 2018 by myself and Mr Taylor!! This clear photograph was also given to the laboratory of the Victorian institute of Forensic medicine (VIFM) “BASED” at the coroners court by DFAT However no report on this critical evidence by the VIFM laboratory!!! I am more than happy to take a polygraph or to state this under oath in court on any of these facts I have stated here.

The AFP has also not entered this new evidence of the clear crime photograph in the summary of circumstances in the brief stating they only had a blurred photo and this was well after 25th of November 2016 that this summary was written and well after the AFP was given this new evidence of the clear crime scene photograph. These facts also proves the AFP were withholding evidence in not telling the truth or full facts by not informing the coroner that they were in possession of the clear version of the crime scene photograph in the AFP Summary of circumstances at the start of the colonial brief as the next paragraph in the summary states the AFP/SLO in South Africa received the autopsy report on the 2nd February 2017.

Jodie Burns at the coroners court had confirmed to me over the phone that the AFP did not also pass on the Mozambique autopsy report to the coroner as she told me over the phone she was not aware the AFP had the autopsy report from Mozambique in March 2017. I rang her a week later and she told me “it was a misunderstanding and not to worry about it”. “We now have the Mozambique autopsy report”. DFAT and DFAT’s Adam Mc Carthy, the commissioner at the South African embassy at this time, was also not aware that the AFP had the Mozambique autopsy report and was most upset about this at the time that the AFP had not passed it on to DFAT.

This summary of cirumstances from the AFP in the brief also states the AFP obtained a post morton report and a Prosecutors Report. This prosecutors report is not entered into the brief as evidence as there is no signed prosecutors report from the directly involved Mozambique prosecutor Mr Morals Baubo Nhanala in 2016. No one has even seen this vital prosecutors report except the AFP that I am aware of; it's certainly not listed in the coronial brief!! The Prosecutor states in the AFP/SLO action sheet to the AFP/SLO at a meeting on the 18th November 2016 that “he has been advised the cause of death was due to sand in the mouth ( consistent with the Preliminary South African Autopsy Results”. Therefore the AFP were fully aware of the cause of death in 2016 and did not inform the coroner or family!! Where is this critical prosecutors report which is clearly mentioned in the AFP summary of cirumstances in the colonial brief!!

The interesting factor here is that two AFP officers came to my home on the 19th December 2016. I was informed by the officers that the Mozambique autopsy had concluded that “Elly died a violent death and that it is a homicide”. They also told me that the Melbourne pathologist had determined Elly’s death as “undetermined and the coroner under these circumstances usually will run with Melbourne's Pathologist conclusion. I was also told that the coroner may make her decision on this case in her chambers”. I told the AFP officers how can the Melbourne pathologist conclude undetermined when I had spoken to the South African pathologist soon after my daughter's death over the phone stating that “she suspects foul play” and that she “found plenty of sand in her examination blocking/packing the airways with sand and the likely cause of death” and you are now telling me the Mozambique autopsy states it's a violent death homicide!!! Again more than happy to take a polygraph or to state this under oath in court on any of these facts I have stated here.

2) The AFP/SLO and AFP Commender have not entirely told the truth under oath either where they both state the Mozambique Inspector and officials were not cooperative. The AFP/SLO from South Africa clearly states in evidence given at the inquest that the Mozambique inspector was (“Unhelpful”). The proven facts are in the AFP/SLO action sheet which clearly indicates that the Mozambique Officials and inspector were very helpful and obliging in 2016 with meetings and even exchanging vital evidence, one being the Mozambique autopsy report which the AFP were aware of its conclusion before the 19th December 2016!!

3) It’s very disturbing and disappointing that there is no talk of or any mention in the AFP/SLO action sheet to obtain the utmost critically vital evidence of the clothes my daughter was wearing at the time of her death. There is no mention of a request to retrieve these clothes she was wearing at the time of her death even though the AFP were fully aware the Mozambique authorities were not capable of taking any DNA from clothing and how vital this evidence was at the time with the ripped apart top. This should have been given top priority by the AFP and mentioned several times in the AFP action sheet as the clothes she was wearing at the time of her death!!! However the AFP has mentioned they requested Elly’s other clothes in her suitcases in the action sheet and the Chief Inspector was obliging by handing over all of her other clothes with receipt obtained in 2016.

The AFP/SLO was on the ground in Mozambique and had plenty of time to attend the Mozambique autopsy to retrieve the clothes in a police to police operation as stated by the AFP in a statement which also further proves the Cooperation by the Mozambique Authorities in 2016. Because it took days to transport our daughter’s body to Maputo for her autopsy at the central hospital on the 14/11/2016. Five days after our daughter's death. The AFP used the excuse that the clothes were incinerated. However the director of the central hospital in Maputo where our daughter's body underwent her autopsy has stated the clothes are kept for the relatives to collect and after time if no one retrieves the clothes they are then incinerated. The AFP had plenty of time to retrieve this vital evidence as any DNA match from the clothing to the Mozambique suspects they questioned in 2021/23 as stated in a letter to the Coroner on the 19th June 2023 places them at the crime scene and this DNA evidence profiling with a match with any suspects is enough for a conviction.

A Mozambique inspector accompanied Elly’s body on the journey to Maputo for her autopsy and a statement made from the Maputo's hospitals director clarifies the inspector had left the clothes at the hospital because this is not evidence to them as they can’t forensically take samples for DNA profiling.

I have spoken to a number of homicide detectives and they all emphatically state that after viewing the evidence the AFP should have been highly vigilant in retrieving the clothes from the body being on the ground in Mozambique. The clothes from the body is vital evidence due to DNA profiling which has the potential to solve cases. Today the clothes from the victim is the very first thing which is forensically examined for DNA profiling and 2016 was no exception with the advancement of DNA technology in Australia which has resulted in solving cold cases. Especially as the top was ripped apart and it was not possible for our daughter to sustain this much damage to her own top by herself and in the process filling up her lungs and airways packed chockablock with sand as the South African and Mozambique pathologists have stated in their autopsy reports and evidence given at the inquest. A witness who spoke with our daughter on the night before her murder has stated in evidence at the inquest that Elly’s top was not damaged at around 11.30pm on the 8th December 2016.

In the official letter to the coroner from the Australian Government Solicitor on the 16th June 2023 it refers to a phone conversion between the AFP/SLO and the South African pathologist on the 18th April 2017 only 6 months after our daughter’s murder. Notes from this conversion is in the AFP/SLO’s action sheet on page 13. What I don't understand at all here with this phone conversation is that the most critical aspect was not even talked about and is not even mentioned in the action on pages 13 and 22. (That the airways were chockablock with sand causing death!!!) I do find this very hard to believe because the South African pathologist evidence given at the inquest was so compelling that the airways were still packed chockablock with sand even after the Mozambique autopsy and this was the cause of death. Surely this was the number one priority for the AFP to find out the cause and manner of death at this time for the Coroner a few months after our daughter’s death!!!

I have also had a few homicide detectives all agree that after viewing the actual clear crime scene photograph taken by the fisherman that the reenactment photos below showing the ripped apart top which are not professionally reenacted, that these reenacted photographs do reflect closely to the same degree of damage to the T- shirt as in the actual new evidence of the clear crime scene photograph that the AFP acquired on the 25th November 2016 from DFAT. Therefore these reenacted photos do give you a fair indication of the actual damage to the Black T-shirt my daughter was wearing at the time of her death. With the exception of the position of the underwear/bather bottoms as In the actual photo the underwear is at the knees exposing the buttocks. I reiterate that the AFP/SLO had this new clear explicit naked photograph of our daughter for around 14 days before handing it over to the chief Mozambique inspector on the 8th December 2016 without informing the coroner or family that they had this new evidence and that they handed it over. This new evidence was therefore not entered into evidence by the AFP or given to the coroner by the AFP in control of all relevant and critical crime scene evidence; it's not DFAT responsibility as they are not a policing authority for critical crime scene evidence.

The AFP also admits to analyzing this New Evidence of the clear crime scene photograph on the 7th November 2018 in his action sheet on page 21 but still on report sent to the coroner on this vital evidence!! The AFP/SLO in South Africa clearly states on page 21 of his action that “it is DEFINITELY the same photo that was obtained from the fisherman by the DFAT Honorary Consul about 1 Week after Elly’s body was located” and this clear version of the crime scene Photo the South African Based AFP/SLO has analyzed was the only clear version I obtained from my trip to Mozambique in 2018!! This factual evidence consolidates the fact that the Honorary Consul had followed up with the fisherman and had acquired the new evidence of the clear crime scene photograph in 2016.

4) There are other facts to prove the Honorary Consul (DFAT) has not told the truth under oath to the Coroner’s court at the inquest. The facts are there to prove this in the form of two letters, one by DFAT on 22/03/2019 and another by the Australian Government Solicitor on the 16th June 2023. The Honorary Consul clearly states with evidence given at the inquest that he was not aware of any new evidence of a clear version of the photograph and therefore there was no follow up by him and the fisherman in obtaining a clear version of the crime scene photograph and passing it on to DFAT in South Africa. However the facts in the two letters and the AFP/SLO statement in his action sheet on pg21 clearly contradicts the Honorary Consul evidence given at the inquest.

5) The Mutual Assistance Request (MAR) was also very important at the time in 2016/17 to also ask for the official permission for the vital evidence taken from a crime scene the clothes my daughter was wearing. Therefore this evidence even though the Mozambique authorities did not place these clothes into evidence as they can’t do anything with this evidence because they could not test the clothes for any DNA profiling. This is one of the powers the MAR has, making this a vital tool for the AFP. This was very disappointing that the AFP did not send the official MAR for this vital evidence and to offer our assistance officially by sending the MAR to the Mozambique Attorney General for their consideration as the AFP were fully aware the Mozambique authorities were not capable of extracting DNA from clothing and even today they still do not process this technology. However as these clothes were not placed into evidence by the Mozambique police and they therefore did not want these clothes it was then possible to retrieve these clothes on a police to police basis.

I reiterate the MAR is a very important tool for the AFP and they did not use this option even though they were aware that it was highly suspicious death with the evidence they were fully aware of in 2016 as they received the new evidence of the clear crime scene photograph in November 2016 clearly showing the ripped destroyed top ripped from the shoulder and down the whole side of our daughter’s body. The AFP were also informed in April 2017 that it had been confirmed by the Mozambique authorities (SERNIC) that it was a crime of homicide with an official police report sent to them by DFAT concurring with their autopsy report that it was a violent death of homicide on the 10th April 2017.

In the first paragraph of this official Mozambique police report it clearly states;- ‘ We hereby inform Your Excellency that legal proceedings are currently underway before the provincial director of SERNIC In Inhambane In relation to criminal case No 775/2016 of homicide’ Elly Warren matter.

It clearly states in the MAR /ACT either country can initiate or send the official MAR. We don't need to wait for an invitation as this process can happen after the MAR has been sent by the AFP to the Mozambique Attorney General for their consideration to invite us in by accepting our official invitation to offer our assistance with the matter of our Australian citizen. The MAR should have been sent straight away to offer out assistance and it has not even been sent today for their case file even after they have told the Court and AFP that the MAR is the only official process which the Mozambique government respects for the exchange of this evidence once the case was closed by the Judge which has now accrued on the 8th October 2024. We are now able to send the official MAR to the Mozambique Attorney Generally for the release of their case file proving homicide as they have indicated to the AFP in May 2023 and by official letter from the AFP to the coroner on the 19th June 2023 acknowledging this fact of murder to the AFP for the second time by the Mozambique authorities that the case has always been classified as a homicide.

6) The coroners court also did not call vital witnesses which were vital to the outcome of the proceedings and placed the family at a major disadvantage finalizing their witness list around one week before the inquest. Our barrister was not able to question some of these vital witnesses as they were not called by the Court.

The radiologist was initially not required as a witness by the court even though the radiologist was able to fully explain all the sand with both lungs full of sand which the Melbourne Pathologist had failed to detect and not report on in his autopsy report that both lungs were full of sand with very high density levels of sand all the way down our daughter’s airways as high as 1290 Hounsfield units of density equivalent to cement. These factual density readings clearly prove that the Radiologist and the Melbourne Pathologists were miles apart with the packed sand in our daughter’s airways as the Melbourne Pathologist states he did not find any sand at all in his examination!!! (Recording of the Melbourne Pathologist stating he did not find any sand whatsoever as fact has been previously sent).

Dr Klepp the South African pathologist was not going to be a witness right up until a few days before the inquest therefore she was only a last minute inclusion as a witness. This would have left only the Melbourne pathologist Initially and he had no idea whatsoever about sand density or any sand filling up both lungs!! Thus being the cause of death as the Melbourne pathologist states the death was undetermined in 2016 which is the main reason the coroner's court had taken seven 7 years to officially state the cause of death.

Can someone please explain to me how a Qualified pathologist from the VIFM can not only miss detecting the lungs full with sand with high density sand levels all the way down our daughter’s airways and also missing vital evidence in a ladies sanitary item lost at the coroners court VIFM. Is it possible the Melbourne pathologist has examined the wrong body as the radiology report clearly shows the lungs and airways are full with sand at the time of his autopsy on the 22nd November 2016. The lungs full with sand is not even mentioned in the Melbourne pathologist autopsy report!!! However the Radiogolist clearly states in evidence given at the inquest that both lungs are full with Sand and even explains the areas of high density mass levels of sand all the way down the airways.

Because of these major inconsistencies between the two doctors with the factual imagery in the Radiology report clearly showing the lungs full with sand with very high density levels. The coroner's court was obviously very concerned with the radiologist evidence he would give at the inquest contradicting their VIFM pathologist autopsy report!! Therefore a very good reason why they did not want the radiologist to give evidence initially. This places any inquest proceedings in Victoria into question because of the strong conflict of interest with the VIFM doctors and Victorian coroners court.

My barrister and lawyer were fully aware of this at the inquest and they spoke about the fact it would not be in our best interest to bring up the incompetence aspects of the Melbourne pathologist at the inquest. It's the coroner’s inquest not the families as pointed out by the coroner to me in my oral submissions by Mr Cain and he has the final say. I could understand the inconvenient circumstances this had placed me and the family in at this time. I was not very happy about this at all but I went on the advice of my barrister, lawyer and Pathologist Dr Byron Collins at the inquest.

Francisco Roo’s Investigator was not called as a witness and he was vital in giving a current update with the case as he is very well respected in South Africa and Mozambique working alongside the Mozambique police on the case and was directly involved with reopening the case in 2021 working with a lawyer Gracio Abdula. In the letter given to the coroner on the 19th June 2023 from the AFP it states they had spoken to both Mr Roos and Mr Abdula on the AFP’s visit to Mozambique in May 2023 and it states in this letter that Mr Roos had updated information on the case since his last report given to the coroner’s court. Mr Roos would have been a vital credible witness at the inquest as he was directly involved in reopening the case supporting the Mozambique police on and off from 2021-2024. He has also previously entered a report in 2019 which was accepted by the court as it is entered into the coronial brief which states the facts do indicate this is a homicide. The AFP even states the importance of Mr Abdula and Mr Roos in this letter with their knowledge of the case to the coroner Mr Cain. Mr Roos was expecting to be called as a witness to give a current update on the case from Mozambique. Also the lawyer Mr Abdula had previously read the contents of the Mozambique casefile before the inquest. Again his vital evidence would also go against the Melbourne Pathologist conclusion of undetermined.

These are very serious issues that I have stated here which need to be addressed by the Australian Government which I do have all the supporting facts for. There are three reports which state all the facts and issues the family has in detail attached below covering all the angles. The Australian government is responsible for the government agencies working for and representing the Australian Government. The Australian Government has the responsibility to ensure these government agencies carry out their sworn duty with the utmost of integrity. The facts here prove that this was not the case with the murder of our daughter in an foreign country. The Australian government owes it to all Australian families that this deception from our authorities does not accrue in the future to other Australian families.

Regards,

Paul Warren

Below are my re-enactment photographs of the new evidence the clear version of the actual crime scene photograph taken by the fisherman at 5am on the 9th November 2016.

The fisherman told no one about this photograph until he gave it to the Australian Honorary consul from the Department of Foreign Affairs and Trade (DFAT) a few days after our daughter’s murder in 2016.

Below: is the Australian Governments reply to all my correspondence sent.

This response is the Australian prime minsters same reply each

time handing the responsibility over to the AFP. the AFP has not

responded at all to my report dated the 27th May 2024 (response

to their statement) the AFP are aware that my facts

here and in all my blogs are correct because i can support all

these facts.

Below; Is a letter sent to the Australian foreign Affairs Minster Penny Wong (DFAT) asking for her help and support with these issues Elly’s family is presently dealing with. We have had no response to date!

26/08/24

To the Australian Minister for Foreign Affairs,

Dear Penny Wong,

I am Paul Warren Elly Warren’s father who was murdered in Mozambique 2016.

I have sent correspondence to your office regularly and recently two updated reports with some very serious concerning aspects with our daughter’s matter.

One of these current issues for Elly’s family that we would like to address is with the Mutual Assistance Request.

In the AFP submissions it states in 2021 that a Mozambique government official has informed the AFP that a joint investigation is possible between the two countries with Miss Warren’s investigation.

The AFP in going over to Mozambique in may last year was informed for the second official time that the Mozambique Authorities are investigating my daughter’s death as a homicide and they have suspects.

The AFP have recently sent me a letter which I have sent to your office along with my reply to the AFP commissioner dated 23/08/24 with the reasons why the AFP is incorrect that the Mozambique instruction phase needs to be completed first before we can send the MAR to offer our assistance. The 2021 AFP submissions confirm it was already possible to send the MAR.

Elly’s Family would very much appreciate it if the Foreign Minister would be able to assist Elly’s family by arranging a meeting between the high commissioner at the Australian Embassy in Pretoria and the Mozambique Attorney General who has spoken with Mozambique officials before concerning the Elly Warren matter. Elly’s family would like you to ask the Attorney General if it is possible for the Australian Authorities to send the mutual assistance request now to offer our assistance for their consideration.

By sending the MAR now will also allow us to retrieve evidence at a later date once the instruction phase has been completed and confirmed by the instructing Judge that all securities have been lifted for the release of their case file only to our authorities. This however does not hinder the Australian authorities sending the MAR to offer our assistance to the Mozambique authorities with the investigation presently, therefore it will already be in place to retrieve their case file once the Mozambique judge releases the case file from its restrictions.

In an classified letter to Mr Cain by the AFP on the 19th June 2023 it clearly states by the Mozambique Deputy Attorney General that once their Instruction phase has been completed and securities lifted if the Australian authorities wish to retrieve their case file on the matter they will need to send the MAR for its release. This is only about sending the MAR for the release of evidence not to send the MAR now to offer our assistance which

has always been possible as the Mozambique Attorney General respects this official MAR process between the two countries.

I do understand that it may be difficult to arrange a meeting, however I feel it is the best way to achieve information or what you are asking for by speaking face to face. If this is not possible could you please send correspondence explaining that we would like to send the MAR now to offer our assistance and that this will then already be in place for the Mozambique Attorney general to release the evidence of their case file at a later date regarding the Elly Warren matter to DFAT, Australian Government or Australian Authorities.

Thank you for your consideration of this matter for Elly’s family.

Sincerely your,

Paul warren

Below; Is a letter sent to Mr Cain from my Solicitors asking the Coroner to please reconsider the radiogoloist Dr. O’Donnell as a witness for the inquest into our Daughter death Elly Warren.

2 Proposed witness list

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

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

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

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

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

2.6 In these circumstances, we are instructed to request Dr O’Donnell’s inclusion as a witness for the inquest. We are grateful to His Honour Judge Cain for his consideration of Mr Warren’s request.

Solicitors Hall & Wilcox

Note reply from the Attorney-general below for this above email.

Reply to correspondence received by the Attorney-General and Cabinet Secretary

Ministerial Correspondence

Mr Warren

Wed, Dec 4, 2024 4:28 PM

Good afternoon,

Please find attached reply to your correspondence that was received by the Attorney-General and Cabinet Secretary.

The response is provided in Adobe Portable Document Format (PDF).  If you do not have software capable of reading PDF documents, you may download a free version from http://get.adobe.com/reader/

Please do not respond to this email as this mailbox is not monitored.  If you wish to provide further correspondence to the Attorney-General, please use the below details.

Email
Attorney@ag.gov.au

Postal Address
The Hon Mark Dreyfus KC, MP
Attorney-General
Cabinet Secretary
PO Box 6022
Parliament House
CANBERRA ACT 2600

Yours sincerely

Ministerial Correspondence Unit
Attorney-General's Department

If you have received this transmission in error please notify us immediately by return e-mail and delete all copies. If this e-mail or any attachments have been sent to you in error, that error does not constitute waiver of any confidentiality, privilege or copyright in respect of information in the e-mail or attachments.

Correspondence from the Attorney-General's Department.pdf

109.38 KB

Download file below

My Response to the Australian attorney letter o4 december 2024

Date 16/12/2024

To the Australian Prime Minister his Hon Anthony Albanese,

To the commissioner of the AFP Mr Reece Kershaw,

To the Attorney General of Australia his Excellency the Hon Mark Dreyfus QC MP,

To the Foreign Minister for Foreign Affairs her Hon Penny Wong and others,

The matter of Elly Warren Murdered in Mozambique 2016.

I have sent recent correspondence to you all along with a letter to Her Hon Penny Wong without reply on the 26/08/2024 (Attached below).

I have sent three reports with all the facts covering all the angles of the poor Integrity of Australia agencies concerned along with my latest email sent to the Prime Minister, Attorney-General and Ministers on 20/11/2024.

I have asked the Prime Minister and Attorney General for an Inquiry/probe/investigation into the handling of the AFP involvement with our daughter’s case with the facts proving with solid evidence in my reports that the AFP’s integrity comes into question. Their response each time is to refer the matter to the AFP.

Attached are the recent replies from both cabinets of the Prime Minister sent three times by the Prime Minister cabinet for each report and recently by the cabinet of the Australian Attorney General also passing the responsibility over to the AFP by referring the matter to the AFP each time.

These three reports I have sent along with my recent email to the Australian Prime Minister, Attorney general and other ministers are the facts which are supported by solid evidence that the AFP have not carried out their sworn duty when supporting the coroner’s colonial investigation with the murder of our daughter Elly Rose Warren in Mozambique 2016. The Mozambique Authorities have concluded all along that the evidence concludes our daughter’s death is a Homicide.

What I don’t understand is with the proven facts in these reports and emails with the supporting documents that both the Prime Minister and Attorney general Cabinets can pass this over to the AFP. When they are fully aware that I have already sent all the relevant correspondence to the AFP commissioner Mr Reece Kershaw asking for a response over the last six months without reply concerning the issues I have stated in these three reports and emails.

The AFP have sent two letters this year attached below however they do not address the issues in my reports starting from May 2024.

The first letter the AFP sent on the 23 August 2024 is also misinforming the family about the Mutual Assistance Request (MAR) as it is clearly stated by the Assistant Mozambique Attorney General in an official letter sent to Mr Cain on the 19th June 2023 that their instruction phase needs to be completed and security provisions lifted before their casefile is released. The assistant Mozambique attorney general is clearly stating in this official letter that this is only for the retrieval of evidence in their casefile by the Australian authorities which is only one key element of the MAR/ACT. This part of the official letter to Mr Cain which is only referring to the release of their casefile is left out of the AFP letter dated 23rd August 2024 misinforming the family.

The MAR/ACT states its purpose has several key elements: Two of these are for the official exchange of evidence and to ask for direct assistance which can be initiated from either country involving serious issues between the two countries. In this Letter the assistant Mozambique Attorney General is stating they respect and will only accept the Official MAR between the two countries for exchange of evidence in their casefile .

A Mozambique government official had clarified in the AFP submissions given to the Coroner’s court in 2021/22 that it was possible for the AFP to offer their assistance for a joint operation with the Elly Warren investigation which is a different key element altogether to the MAR/ACT. However this key element of the MAR/ACT has never been sent officially to the Mozambique Attorney general for consideration to possibly accept, opening the opportunity for the Mozambique government to invite the Australian authorities in to assist with the murder investigation of an Australian citizen. It states in the MAR/ACT either country can initiate the official MAR. I have replied to the AFP Commissioner explaining these details and asking for a response each time to my reports sent to the AFP/FILO and AFP commissioner Mr Reece Kershaw without reply to date.

The Australian Government and Attorney General have the responsibility to ensure that the governing police agencies under their direct care uphold their sworn duty and integrity to the Australian people.

This responsibility lies with the Australian Government and Attorney general as the official policy/guidelines state below that these governing bodies are accountable for the actions of the Australian Federal police.

The Australian Federal Police (AFP) is the principal Federal law enforcement agency of the Australian Government with the unique role of investigating crime and protecting the national security of the Commonwealth of Australia. The AFP is an independent agency of the Attorney-general’s department and is responsible to the Attorney-general and accountable to the parliament of Australia’.

Sincerely Yours,

Paul Warren

no response to this letter below i sent in 2022 to Mr Dreyfus however we do have an electi

24/06/2022

To the Attorney General of Australia,

His Excellency the Hon Mark Dreyfus QC MP.

Dear Attorney General,

My daughter Elly Rose Warren was murdered in a foreign country ( Mozambque) on the 9th November 2016.

Attached is all the relevant information about the investigation into my daughter’s murder.

The purpose of me contacting the Attorney General is in point form below.

The investigation by the Mozambique authorities into the murder of Elly Warren has been covered up and all evidence has gone missing. The attached facts will prove an inept investigation and concealment of evidence with my daughter’s investigation by the Mozambique authorities.
The attached facts will also prove without doubt that the Australian Federal Police were fully aware of the cover up and concealment of evidence by the Mozambique Authorities on or just after the 24th November 2016, 15 days after Elly’s death.

The AFP had received this vital new evidence, the clear version of the crime scene photo from DFAT on this date. ( email and DFAT’s letter attached) They then had this vital evidence for 14 days before handing it over to the Mozambique inspector in charge of running the investigation.

a) This crime scene photograph is the only evidence we have showing physical evidence that a struggle has taken place. However the Mozambique Detectives, examining team, and Doctor had all reported No signs of a struggle or a badly damaged top at the crime scene on the 9th November 2016. The AFP then became aware of a cover up having received the vital new evidence of the crime scene photo on the 24th November 2016 clearly showing Elly’s badly damaged T- Shirt top (Attached). The AFP did not inform anyone of these circumstances, not even the Coroner at this time.

The AFP is our top policing agency representing Australians overseas and has a responsibility to uphold the rights of all Australians, therefore acting in the best interest of all Australians. Why then did they not report on this vital evidence to the coroner in 2016.

Without this new evidence the clear crime scene photograph the Mozambique authorities would have deceived everyone with their deception as we would not be able to prove otherwise. The AFP then would have reported it as just another accidental death in a foreign country case closed due to insufficient evidence!!

King Taylor the Coroner's assistant has confirmed that the coroner at the time was not informed of any of these circumstances from the AFP in 2016/2017.

Also Mr Taylor was in attendance at a meeting with myself, the Australian doctor who conducted Elly’s Melbourne Autopsy and three AFP officers on the 9th September 2017 and there was no mention of any new evidence the crime scene photo by the AFP or Autopsy Photographs taken in South African. No one else at this meeting was aware of any new evidence. All recorded file too large to send by email.

I understand that the AFP can’t interfere or be involved with another country's investigation. However they can and were running a police to police operation on the ground where they were involved for the Victorian coroner and responsible for reporting all factual evidence to the coroner. As you can see by their Action sheet they were fully engaged on behalf of the coroner, e.g. interviewing and reporting on questions answered by the first doctor at the crime scene as the AFP were in attendance at this very important meeting with all the Mozambique officials involved in the case. Pg 7-8 AFP action sheet.

Their action sheet in around the first 29 days shows the AFP were fully engaged however upon receiving the New evidence their involvement decreased considerably as they realized the deception from the Mozambique authorities .The other 50% of the Action sheet was around 700 days of case information proving this equation and lack of involvement by the AFP after receiving the new evidence which made them aware of the Cover up by the Mozambique Authorities in 2016.

The new evidence, the clear scene crime photo, has not been entered into both AFP officers statements who were fully involved with the case investigation for the coroner. The officers do not even mention in their statements handing over the vital new evidence of the clear crime photo to the Mozambique Authorities on the 8th December 2016. However it is in their action sheet on this date as having been handed over but not receiving it earlier on the 24th November in their action sheet.

The blurred version is entered in the AFP/SLO Mr Scruton statement which he received from DFAT on the 13th November 2016 but not the new evidence, the clear crime scene photo clearly depicting physical evidence of an exposed body of a deceased Australian citizen which AFP/SLO Mr Scruton later received from DFAT by Email. Attached.

b) You can now see why the official Mutual assistance request was never asked for by the AFP to the Attorney general’s office and sent to the Mozambique government back in 2016. There was no way the AFP even wanted this to progress to an inquest after being made aware of a cover up.

I have no doubt if this had been the Prime Minister’s daughter the official M/A request would have been sent through the official channels of the Attorney General's office back in 2016. The only reason an unofficial request has recently been sent by way of a personal letter from the AFP commissioner was because Elly’s family asked the coroner to take action on this matter. It is documented in the AFP submissions that the Mozambique government's official response to questions was they had never been asked to have a joint operation before and that a joint operation was possible. The coroner then asked the commissioner to send the request but it was not sent through the official channels. Therefore this is not an official request through the Attorney General’s office by the Australian government.

There was never any reason why we should not or was not able to send a M/A request back in 2016 to the Mozambique Government. The M/A request was introduced to help countries to work together on issues which involved their citizens in establishing to lower the boundaries for either country to work together on these issues.

c) A sand sample was taken from the crime scene by DFAT and it was handed over to the AFP. This vital sample was not bagged and tagged and entered into the brief from either AFP officers in their statements. As it turned out this evidence was extremely important in forensically establishing that my daughter's body was moved to a different location after she was murdered. The AFP officers were made fully aware of this on the 18th November 2016 because the Mozambique inspector in charge suspected that her body was moved as he informed the AFP/SLO officer Mr Scrution of these circumstances. These facts are recorded in the AFP action sheet on Pg 9.

Elly’s Autopsy in Melbourne was on the 22nd November 2016. It is confirmed that Elly’s body obtained plenty of sand for a B sample of sand to be taken from her body at this time confirmed by several doctors who have viewed the radiology report.

This was vital material evidence and very important information under the circumstances because they suspected Elly’s body was moved after her death, This very important information should have also been disclosed to the coroner by the AFP in 2016.

d) The delay for the inquest is agonizing for Elly’s family. We have been asking for an inquest now for over four years. This was approved on the 17th December 2020 by Coroner Bracken and we are still waiting for the new coroner Mr Cain to set a date for the inquest. I have sent correspondence to the court with no official response attached. We have all the facts which supports Elly was murdered attached. Therefore Elly's family can’t understand why the court keeps on delaying. However I now feel an inquiry is necessary to ensure this should not and will not happen to another Australian family.

I would like the Attorney General to investigate this matter and recommend an Inquiry into the Murder of my daughter Elly Rose Warren with the facts I have presented.

I would also like the Attorney general to send the official M/A request to the Mozambique Government asking for a joint operation with all matters concerning the investigation into the murder of Elly Warren an Australian Citizen in their country.

There needs to be an inquiry into Elly’s murder with the facts I have presented as it is in the best interest of all Australians.

If the AFP suspect that the Authorities from another country are involved either directly or indirectly with any cover up of a murder or suspected murder involving an Australian citizen overseas they do not want to become involved.

I do have facts as to the reason why as they can’t be seen exposing another country Authorities therefore that country gets away with Murder of an Australian citizen .

In Elly's case it was a cover up of an Australian citizen’s suspected murder investigation at the time. This situation is totally unacceptable as the AFP have failed in their sworn duty to Elly’s family and foremost to all Australians and future Australian families who find themselves having to deal with these circumstances!

As the Australian Attorney General you do have the responsibility to ensure that this situation does not accrue to any other Australian family in the future.

Sincerely yours,