My own investigation has now unearthed Solid vital
circumstantial evidence which has now exposed a cover-
up/tampering of the crime scene by the Mozambique police.
This evidence proves that the two Mozambique police officers who attended the crime scene at 5.30 am on the morning of the 9th November 2016 have not only changed my daughter’s body position, they have also changed over her badly damaged T-shirt with another black T- shirt top they retrieved from her clothes.
The main Mozambique examining team, doctor, detectives and chief Inspector (Cudzi) who had turned up later that morning at the crime scene at around 9am were unaware of the deception/tampering with the crime scene when they arrived.
The two Mozambique police officers had attended the Hotel Pariango and collected my daughter’s possessions at 6am on the morning of the 9th November 2016. This is confirmed in the AFP Mr Scruton’s action sheet as it stats:-
‘At 6am the following morning (9th Nov 2016) the Mozambique police attended the Pariango backpackers and collected WARREN’s possessions’.
( Note the AFP action sheet is the reporting of the chronological order of events based on the time of their occurrence by AFP Mr Scruton.)
I also have a video recording of the Pariango backpackers manager (Johan) in October 2018 also confirming this time. Johan states:-
“The police came knocking on my door at 6am”.
All the Mozambique police crime scene evidence has gone missing which was retrieved from the crime scene beer bottle, coke can, cigarette packet with 8 cigarettes.
We are aware that all the evidence has gone missing because Nicole (Elly’s mother) had a detective investigating for her over in Tofo and in his report he states;-
No one knows where all the trace evidence from the crime
scene has gone it is all missing from evidence.
What's very interesting is that all the trace evidence that the Mozambique police had initially kept from the crime scene as trace evidence, Elly clothes she was wearing was not part of that evidence. Elly’s clothes were not officially placed into evidence by the Mozambique police and kept as evidence!
This is a big missed opportunity by the AFP not to retrieve all of Elly’s possessions which they were asked to do by the coroner at the time including her clothes she was wearing as these are her possessions which were not placed into evidence.
This is basic police work and the Mozambique Inspector Mr Cudzi was clearly willing to help in the early stages of the investigation having meetings exchanging emails and the transfer of some evidence between both authorities including there official autopsy report all documented in the AFP/SLO’s action sheet.
We have been informed at a much later date that Elly’s clothes were incinerated at the Maputo central hospital as no one came to pick them up even though their autopsy report concluded this was a violent death Homicide. However the AFP were in Maputo Airport on the 16/17 November 2016 changing flights to Inhambane where Elly’s autopsy was conducted only two days after her Autopsy at the central Maputo hospital and they both had every opportunity to visit the hospital and obtain Elly’s Clothes she was wearing at the time of her death.
It was later discovered the clothes were evenly incinerated as the director of the hospital has told the family below ;-
“ clothes are held for some time for the relatives or police to
to retrieve and if know one picks up the clothes after some
time they are then incinerated”.
The Mozambique prosecutor told the AFP at a meeting that an inspector had accompanied our daughters body and he had obviously left the clothes at the hospital from the directors statement therefore not placing the clothes Elly was wearing at the time of her death into evidence as the Mozambique police don’t have the technology for testing DNA on clothing. However the AFP did have this technology and had just opened an state of the art forensic laboratory in Australia a few months earlier in 2016. If you speak to any police Detectives they all will tell you the Clothes should have been given “TOP PORIORITY ” by the AFP especially as they were there on the ground in Tofo and in Maputo. These clothes Elly was wearing at the time of her death are not talked about at all in the meetings held between the AFP and Mozambique chief inspector or Prosecutor on the 18th November 2016 because it is not mentioned in the AFP/SLO’s Action Sheet only Elly’s other clothes in her suit case is mentioned!!! The AFP did not know about Elly’s ripped apart Black T-shirt at this time as they were only given the clear crime scene photo by DFAT on the 25th November 2016 to analyse. But why was the ripped top not mentioned at these meetings I do explain this later on.
Two mobile phones that had taken crime scene photos “were damaged,” one is reported as damaged and attempts were made to retrieve the Mozambique crime scene photos without success. (This is mentioned on page 15, AFP action sheet) The other phone we are not sure about.
If it was not for the fisherman taking a photo
from his mobile phone at 5am we would not
have any crime scene evidence making us all
aware of the totally destroyed ripped apart
top my daughter was wearing after her
murder!!! It is not mentioned in “any” afp or
Mozambquie police repotrs or statements to
this day!!!!!!! How is this possible!!! , However
this Clear version of the crime scene photo
tells the truth. This exposes both Authorties!!
In Fact we would not have any evidence at all if not for the
critical evidence of the clear version of the Photograph.
I reiterate all the other evidence has vanished! the AFP did not
even inform the Victorian coroner of this clear version as the
AFP did not enter this clear version of the crime scene photo
into evidence in 2016/17!!! I was the one who did in October 2018.
The attending doctor at the crime scene Dr. Yusdelaida Harriette Delgado (Dr Delgado) and the attending Inspector in charge of Elly case Inspector Jorge Miguel Cudiz (Inspector Cudiz) have also not disclosed this vital information that my daughter’s top was ripped apart at the crime scene to the AFP Mr Scruton at a meeting with all officials connected with the case on the 18th November 2016.
You need to ask the question, why not!!!
All Mozambique police reports do not disclose or report that my daughter’s black T- shirt top was torn apart when they arrived at the crime scene.
In fact the first Mozambique police report from (SERNIC) states;
‘There are no signs of a struggle on or around the body stated
in the direct examination on the morning of the 9th November
2016.’
Below is a paragraph statement also from the latest police report from page 7 of the National Criminal Investigation Service (SERNIC). This report on August 11th 2020 by the Mozambique deputy director Mr Arthur Verissimo. It states:-
Elly Rose Warren with the other identification signs shown in the file;-
was found in an identified location where she effectively lost
her life. This assumption is supported by the fact of inexistence
of any signs of struggle both at the site and the body of the
victim, not even signs of rape despite the position in which the
underwear were found as stated in the Direct Examination’.
This proves with this statement from this official Mozambique police report in 2020 that there was clearly no ripped apart damaged T- Shirt mentioned which would clearly show signs of a struggle at the crime scene as this black T- Shirt of my daughter’s is totally Destroyed Ripped from the Shoulder and down her side.
In fact I reiterate there is no report of any ripped apart T- shirt
in any Mozambique police reports, or by any Government
officials from both countries, doctors and police from either
country to this day. Not even AFP Mr Scruton’s action sheet or
any AFP statements!!!
However it is mentioned in the body only of the Coroner’s Mr Cain findings but not in his “conclusion” to his findings!! Why not ?!!, this top is destroyed and we know for a fact it was ripped apart between 11.30 pm and 5am the next morning as a witness gave evidence at the inquest who had seen and spoken to Elly at around 11.30 that night on the 8th November 2016.
This witness states with evidence given at the inquest held in August 2023 :-
“There was no damage to her T- Shirt at that time I saw Elly as I
would have noticed something like that”. The witness stated
“Elly was just normal walking around looking for her friends
at 11.30pm”. This means her top was torn apart after this time
before or during her death on the 9th November.
We do know for a fact it is ripped apart as it is in the Crime scene photograph taken by the fisherman at 5am that morning. I reiterate this photograph tells the truth. Why is there No report of a badly damaged top anywhere, from anyone, not even the AFP!!!
It must be noted that at this direct examination report in the latest Mozambique police report they have failed to disclose or report that my daughter’s black T- Shirt top she was wearing on her body in the clear crime scene photograph is torn from her shoulder and ripped down her side destroying the top and indicating with a high probability that a struggle/fight has taken place before her death!!
What is also very interesting is the coroner Mr Cain clearly states in his findings the Mozambique police were not accepting offers of assistance from the AFP with their offers made for assistance. This is not entirely true as the facts prove from the AFP action sheet that the Mozambique authorities were very helpful in assisting and helping the AFP with the coronial investigation early on with the investigation in 2016.
The AFP Mr Scruton was on the ground in Tofo in November 2016 and allowed to talk with and interview the first doctor that attended the crime scene. AFP Mr Scruton had meetings with Mozambique officials and chief inspector in charge taking notes from the doctor who attended the crime scene as these notes are in the AFP action sheet from AFP Mr Scruton. No mention of the top ripped apart in the notes taken and entered in the Action sheet!! AFP Mr Scruton also had taken a sand sample from the crime scene on the 17th November 2016.
At these meetings with officials, the AFP were obviously told about the Mozambique autopsy conclusion as the chief inspector Cudzi showed AFP Mr Scruton their crime scene photographs and doctors examination reports before the AFP’s meeting with me on the 19th December 2016. This is assisting the AFP with critical information at this time in November 2016 handing over their Mozambique Autopsy report which states violent death Homicide.
The problem was the AFP had given the Mozambique chief inspector the clear photo on the 8th December 2016. This then made the chief Mozambique inspector aware of his own police’s deception early that morning before he turned up at the crime scene as this photo clearly showed the ripped apart top.
This then forced the Mozambique chief inspector to hide in his shell and the AFP were aware of this and ghosted this clear photo from the coroner and family with no statement or report informing the coroner about the ripped apart top in 2016.
We can prove the AFP ghosted this critical evidence because AFP Mr Scruton has left it out of his statement that he even received this critical evidence of the clear photo on the 25th November and gave it to the Mozambique inspector by email on the 8th December. However it is stated in Mr Scruton’s action sheet on this date that he handed it over for the second time once as the blurred version on the 20th November and now again as the clear version on the 8th December on page 11 of the AFP action sheet.
I pointed all this out to Mr Cain in my oral submissions.
However Mr Cain states at the inquest at my oral submissions
what difference would it have made if the coroner had all this
evidence in 2016!! This was disturbing as my legal team
were already aware where we stood and that they all protect
each other!!! My Barrister informed me earlier at the inquest if
i don’t obtain a satisfactory finding that i should take the
matter to a higher court as there was other concerning
matters during the inquest which my Barister needed to then
confer with and inform his colleagues and advisory committee
to seek further advice with these concerning matters.
Note;- You may wonder why there are 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 would not 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.
I do have factual confirmation from DFAT stating they sent the
clear crime scene photo to the AFP/SLO (Senior liaison officer)
stationed at Pretoria South Africa at the Australian embassy
Mr Scruton on the 24/25th November 2016!! I have two official
letters one from DFAT and the other from an Australian
solicitor representing the AFP stating the AFP were given the
clear photo on the 25th November 2016 by DFAT admitting they
had the clear version of the clear crime photograph 7 years
after our daughters murder!!! i reiterate the AFP have now
fully acknowledged these facts having sent an official letter
to the coroner Mr Cain from an Australian government
solicitor dated the 16th June 2023!!
What is very interesting in this official letter sent to Mr Cain on the 16/06/23 is that the AFP had not mentioned that they handed over this clear crime scene photo on the 8th December 2016 to the Mozambique chief inspector. This was left out of this recent OFFICIAL LETTER from the AFP lawyer. I reiterate it is in AFP/SLO’s Mr Scruton’s action sheet as being handed over to the chief inspector Cudzi by email on the 8th December but not in his official statement or the AFP’s recent official letter to Mr Cain on the 16/06/23!!
It is the responsibility of the AFP to inform the coroner that
they have obtained new critical crime scene evidence showing
the top as damaged and that they handed it over to the
Mozambique police as the AFP are clearly involved supporting
the coroner with the coroner’s direct investigation at this
time early 2016/17.
I asked Mr Cain this question in my oral submissions and to my amazement he said No, leave me out of it. How did it impact on you? Oral submissions Pg 271-272.
Switching it back on to me.
You see Mr Cain was not the coroner in 2016. I tried to ask him if he was the coroner in 2016 but he shut me down again and said “I am not going to speculate on that”.
However as i have explained Mr Cain is happy to speculate and
clearly states that all the factual evidence if exposed to the
coroner in 2016, what difference would all this evidence make
had the coroner been informed in 2016!!!. (clear photo, Ripped
apart top ect) (All in my oral submissions blog)
However what I was going to say to Mr Cain here, if you were the coroner in 2016 would you expect to be told about any critical evidence in 2016 from the AFP. Would it have made any difference to you in 2016 if you were given the clear photo and a report on this critical evidence from the AFP making you aware of Elly’s ripped apart top in 2016. (Transcript Blog T,Pg-275/76)
Also Mr Cain was happy to speculate on the Mutual assistance
request stating what difference would all this evidence have
made to the MAR having been sent in 2016.
I reiterate the coroner was not informed or made aware of any
of this critical factual evidence in 2016/17 by the AFP. Why not?!!
The AFP are our policing agency representing all Australians for overseas issues or crime against Australians. This critical clear crime scene photo evidence is not the responsibility of DFAT that's why they gave it to the AFP because it's outside DFAT’s jurisdiction!! The AFP has Jurisdiction here with this form of critical evidence from a crime scene as it’s the governing police body here therefore critical crime scene evidence is their responsibility not DFAT’s!!!
The AFP told me the conclusion to the Mozambique autopsy report when coming to my place on the 19th December 2016 that it was a violent death homicide and informed me that the Mozambique police were in control of the Investigation and that the AFP can’t intervene with another country's investigation. They also said that the Melbourne doctor has stated Elly’s death as Undetermined.
The AFP told me that it is normal for the coroner to follow the Melbourne doctor's conclusion that the coroner may decide her findings in chambers. I was not happy about this at all as I told the AFP officers that when I viewed Elly in South Africa to bring her body home she had severe abrasions and bruising all over her face indicating a struggle had taken place and now you are telling me the Mozambique conclusion states Violet death/Homicide.
This did not add up at all with me at the time in November 2016. I was not happy at all with the information the AFP were telling me at my home on the 19th December. Why did the doctor here in Melbourne report Elly’s death as Undetermined when it was so obvious that she had been assaulted with all the above information I knew about or was told about!!!
At the recent inquest commander Smith states the AFP needs classification that its reasonable cause that a crime has been committed for a review to send the Mutual Assistance Request. As the AFP were aware of the deception of the Mozambique police at this time as the AFP were given the crime scene photo on the 25th November 2016. Therefore they were fully aware of the ripped apart T- Shirt at this time. However there was no report from the Mozambique police from the crime scene about a badly damaged top before the 25th November 2016.
This made it difficult for the AFP to assist the Mozambique police on the case when they were aware of the deception after receiving the clear crime scene photo on the 25th November 2016 and the real reason why the MAR was not sent by the AFP in 2016/17.
After all Elly was an Australian citizen, should we not show the initiative here as the MAR states that neither country can send the MAR for assistance. We did not need to wait for them to initiate the request first. The Mozambique government is now in 2023 asking us to send the MAR for them to officially be able to send us their case file as stated in a (Classified letter sent to Mr Cain 19th June 2023)!!!
In the coroner's findings he goes on about how the instruction phase needs to be completed first before sending a MAR, but that was just to obtain their case file and I did try to explain this to Mr Cain! However what Mr Cain forgets to mention in his findings is they are now asking us to send them a MAR in 2023 for their case file!!
If it was the AFP commissioner’s or prime minister's child I am
sure the investigation would have taken priority with both
countries working together through the Mutual assistance
request to apprehend the people responsible for the murder of
their child in 2016. It's not difficult to send a request then it's
up to that country to agree!!!
The Damaged ripped apart T- Shirt reenactment
To give you some idea what we are talking about with the extent of damage to Elly’s top. Obviously I can't show you the actual crime scene photo. I have however set the crime scene photo up with a reenactment using a model below. This is a very close copy to the photo taken by the fisherman of Elly in the actual photo with the damage to her top. It's not going to be exactly the same but it's close. Mr Charlie Bezzina a retired Melbourne homicide detective has viewed the actual crime scene photo and has said the reenactment of the crime scene with the model will never be 100% but it gives you a very close example of what the damaged top was like in the crime scene photograph.
I have also asked the model to stand up from her lying position and you can see the top is totally destroyed hanging from the body.
The main difference is the model's underwear is still on her buttocks, whereas in the actual photo taken by the fisherman at 5am Elly’s underwear is at her knees.
Now I am very confident any detective would see this damaged top at the crime scene and enter it into evidence Bag & Tag and report on the damage top in their official report, sending it to the laboratory for forensic testing.
The detective team and doctor that turned up at 9am did not report a damaged top. You have to ask the question again:
why not!!!
The same doctor who attended the crime scene later examined Elly’s body at the Inhambane hospital this doctor states;-
when removing her clothes they were all intact and money was
removed from under her bra.
The doctor had never mentioned to anyone or in any report that the top was badly damaged!! How can this be possible!!
Once you see how damaged the top is below you will shake your head in disbelief!!!
Also the coroner Mr Cain has left this out that the top is ripped apart totally destroyed in his conclusion in his findings!! I don’t understand this at all as it is a CRITICAL FACT THE TOP IS TORN APART DESTROYED!!! (This is no small tear we are talking about here!!)
I reiterate the facts above do indicate Elly’s damaged T- Shirt was switched over early with another top from Elly’s clothes before the main Mozambique investigating team and doctor had arrived at 9am, by the two Mozambique police and a Tofo business owner who had attended the crime scene at 5.30 am. There is overwhelming evidence to support this conclusion.
Note: Also Elly’s mother said two black t-shirt tops were missing from Elly’s clothes that were returned home!! They are seen on her Facebook pictures taken in Mozambique at the time so where are these two Black T- Shirts!!
I reiterate the AFP had the clear photo clearly showing my daughter’s top ripped apart in November 2016 but did not give the coroner a report on the photo or inform the family or coroner about the damaged top or handing it over to the Mozambique Inspector Cudzi in 2016!!!!
When you look at these photos below which are, as I have said, very close to the actual crime scene photo taken by the fisherman at 5am that morning.
Just picture yourself as the attending Detective walking on to
the crime scene that morning at 9am.
Would you not notice the damage to the ripped apart top
straight away at the crime scene?
Would you not keep this damaged top as evidence?
would you not report on this top and say a struggle has likely
taken place?
as the shoulder of the T-shirt is completely ripped apart, from
the shoulder all the way down the right side held on at the
bottom by the reinforced waste lining!!
These are the facts as these facts are shown in the photo taken at 5am by the fisherman!!
Now think about this below:
you can’t do any of this in the above Paragraphs if the top is not damaged at the crime scene!!
Below is a Model showing the ripped apart top which is a re-enactment of crime scene photo taken on the 9th November 2016 by a fisherman :-
THIS IS VERY CLOSE TO THE actual real CRIME SCENE PHOTO AND WHAT
YOU should SEE IF YOU WERE TO WALK ONTO THE CRIME SCENE THAT
MORNING if you were the detective.
Now that you have seen above how badly damaged the top actually was you can now understand why I am also very upset with the coroner, Mr Cain not to mention the badly damaged top in his conclusion to his findings.
Again you have to ask why not!!
you can see how badly damaged the top really is in the clear
crime scene photo above and the realisation sets in that it is
impossible for Elly to rip her top to such a degree on her own.
This had to have been done by another person!! Why diden’t the
state coroner not see it this way or the AFP!!! It was very
obvious to me and my legal team at the inquest that They all
protect each other!!! I reiterate One of Elly’s friends gave
evidence at the inquest who had spoken to her at around 11pm
the night before her murder and she states “her top was not
damaged at this time”. Therefore it’s a very high probability
that the top was ripped apart in a struggle at the time of death
a few hours later that morning.
Elly’s body was found 6 hours later at 5am by a fisherman who
took a photo at this time and the top is clearly ripped apart in
that clear photo taken by the fisherman at 5am!! The fisherman
did not tell anyone at the crime scene he had taken this clear
photo of Elly. It was not until four days later on the 13th
november that Australian honorary consul traveled to TOFO
and had spoken to the fisherman and the photo was exchanged.
Therefore the Mozambique chief inspector did not have this
clear photo until the AFP/SLO sent it to him by email on the 8th
December 2016 as this is confirmed in an official letter from
DFAT and it is also in the AFP/SLO action sheet on this date.
This photo then clearly showed the ripped apart top to the
Mozambique chief inspector at this time.
I have mentioned above that the doctor who attended the crime scene and later on examining Elly’s body at the Inhambane hospital had stated all her clothes were INTACT and that this doctor when removing her clothes had found money under her bra.
As you can see above the top is so badly damaged we also need to ask the question here :-
I Reiterate why did the doctor who attended the crime scene at
around 9am on the morning of the 9th November 2016 and later
examined elly’s body removing her clothes at the Inhambane
hospital, not report the top as ripped apart to the AFP/SLO at
the meeting!! Again this is not reported in the AFP/SLO action
sheet why not as this is critical evidence!! the top ripped apart
it is not mentioned in any Mozambquie police reports or any
AFP statements or police reports to the state coroner to this
day!!!
WHY is the ripped top not mentioned at these official meetings on the 18th November and entered in notes in the AFP/SLO Action sheet?!!!
Note:- I Reiterate the attending Dr Yusdelaida Harriette Delgado and the Chief Mozambique Inspector Jorge Miguel Cudzi were both questioned in detail by AFP/SLO Mr Scruton on the 18th November 2016 with detailed notes taken in his AFP action sheet yet no ripped apart top was mentioned!!! Why Not!!
The clear crime scene photo tells the truth here and has exposed them all!!!
This was one of my questions I had for Mr Scruton which was not asked at the inquest, why this doctor and inspector did not mention the badly damaged top and that the doctor made other critical comments like she found money in her bra,!! ( Its a long story why we did not ask this question to Mr Scruton at the inquest but basically my barrister and lawyer were worried that the clear photo maybe taken out of evidence by the AFP lawyer with what they thought was the broken chain of evidence of how DFAT obtained the Clear version of the crime scene photo. Because the Honorary consul beforehand caught my legal team by surprise when he did not state the truth in court at the inquest stating he did not obtain the clear photo from the fisherman that he did not follow up and obtain the clear version and hand it over to DFAT in Pretoria). When the overwhelming factual evidence later proved he did!!!!! The AFP Lawyer was all over this bring it up at my oral submissions to the coroner saying its not clear with the clean photos chain of evidence, but the coroner said he was happy with the Clear photo’s chain of evidence falling into the hands of DFAT as there is plenty of refences and evidence to prove this.
Note this initial doctor at the crime scene was not the Mozambique autopsy doctor. She attended the crime scene in Inhambane and examined Elly’s body at the Inhambane hospital hours after Elly’s death. However another doctor performed the Autopsy in Maputo five days later on the 14th November 2016 around 800 km’s away.
There is also other critical (vital evidence) which has been completely left out of Mr Cain's findings altogether!! The very high density levels of sand 1290 (CEMENT) and 947 (BONE) HU in the airways as the CT Scan was taken before the Melbourne Pathologist examination.
Hounsfield unit (HU) is The measurment of factual density levels of sand found in the Airways with both lungs full with sand.
I do explain fully in my oral submissions transcript Blog. Again protecting the VIFM pathologist who states he did not find any sand in his autopsy examination!!! ( All recorded as fact by the Melbourne Pathologist at a meeting with the family on the 7th September 2017)