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[Music] on Monday the 23rd of May 1994 a violent storm hit the city of Perth Western
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Australia Peter Lawrence was at home with one of his daughters he was concerned it was getting late and his
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wife Pamela Lorenz hadn't gotten home from work yet he called her store at 6:15 p.m. when he didn't get an answer
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he decided he had better go down and check on that [Music] and remoulade was born on the 16th of
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August 1962 his parents were roy and grace mallard andrew was born in england where his father Roy had a long career
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in the army the mallards were a hard-working well respected and law-abiding family Andrew
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also had an older sister Jackie who was 10 years older than the mallards left England in 1967 and moved to Perth in
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Western Australia Andrew had difficulty fitting into his new country he was exceptionally tall for his age and that
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combined with his English accent was good enough to make him a target for bullies kids would mimic his accent call
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him lots of colorful names and some one as far as to attack him physically Andrew never felt like he belonged
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high school was even worse Andrew being the type of kid that bullies could feel safe in heating because they knew he
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wouldn't get back Andrew left school at 16 with no plans or career paths in mind
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[Music] when he turned 18 Andrew started hitting the nightclub scene he was now a six
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foot six inch tall adult he definitely stood out in the crowd it was the nightclub scene that introduced him to
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marijuana and he was soon smoking it regularly his parents didn't approve a weary
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injury was heading in life he was broke unemployed and living at home so he decided to do something he thought would
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impress them he enlisted in the army but he wasn't cutting out for it he never made it through basic training instead
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being offered a medical discharge due to a mild sleeping disorder Andrey returned
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back to Perth and got back to result not clubbing and dope smoking ways he felt lost in life with the out of purpose
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convinced he didn't belong in Australia he pestered his parents to buy him an airfare back to England but he didn't do
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much good over there either and it wasn't long before his parents were paying for an airfare to get him back
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home to Perth by this stage Andrew was on the verge of a complete breakdown he couldn't go outside because he started
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suffering from extreme anxiety and panic attacks his father Roy sent him to a psychologist who he met with every week
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for a few months it really helped him start to get back on track Andrew stop smoking pot and he
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felt like he was ready to move out and face the world again he moved into a shared accommodation place in see earth
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but his newfound optimism was short-lived when he was unsuccessful at a number of job interviews
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when one of his housemates lit up a joint injury couldn't resist his old habit within a few months he was broken
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homeless wandering the streets of Perth [Music] in May 1994 Andrew met a girl named
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Michelle he was instantly attracted to her the feeling wasn't mutual but Michelle did allow Andrey to sleep
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on her lounge he couldn't believe his luck an attractive woman was taking him in she lived in a flat just off glide
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Street in Mossman Park it took less than a week for Andrew to outstayed his welcome though whenever Michelle started
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hinting it might be time for him to move on Andrew did whatever he could to find
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her some marijuana Michelle loved the smoke and when she was stoned the talk about him moving out stopped Michelle
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didn't even know Andrews real name she believed Andrew was an English backpacker named Andre who just needed
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somewhere to crash while he waited for some money to be transferred from England that story didn't last long
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because Michelle found a copy of his resume in his backpack but Andrew wasn't about to tell his real story
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he said he was really an agent from Interpol working the break an organized crime syndicate in Fremantle his real
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name was Michael Faraday the resume for Andrew Mallard was part of his cover apparently Michelle bought the story
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Andrew was in the middle of a manic episode he was spiraling out of control he had
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been coming under the attention of local police due to his ever-increasing erratic behavior but on the night of
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Sunday the 22nd of May 1994 he took things up a notch Andrea left Michele's place and went to
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a nearby unit back where a former boyfriend of Michelle's lived he started bashing down the door of the caretakers
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unit demanding that the caretaker let him into the unit of the old boyfriend his story he was a drug squad detective
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and he had just received information they were drugs stashed in his unit when the caretaker told Andrea she didn't
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have a key he broke down his door he was actually there to look for some items that Michelle claims her old boyfriend
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had stolen from her it was basically just trying to impress her Andrea didn't find the stolen items in his unit but he
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did steal his guitar and a few jackets but it didn't take long for the old boyfriend to put it all together and
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very soon the police came looking for Andrew he was arrested the next day Monday the 23rd of May 1994 while he was
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back at the police station he was left unattended at a desk for a period of time so he helped himself to a police
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tie pin and a badge he thought those would come in handy to help sell his story to Michelle and impress her even
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more he was at the station until about 3:45 p.m. when he was released he waited around for a while before eventually
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finding a taxi he jumped in and instructed the driver to head to Mossman Park he got there around 5 p.m.
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on that afternoon perth was hit by a massive freak storm there were gale force winds lightning thunder and heavy
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rain the type of storm that knocked down power poles and blacked out traffic lights
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Pamela Lawrence was working in her jewelry store called flora Metallica it wasn't a traditional type of jewelry
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store came like the deep everyday items into various metals and create her own unique style of jewelry her shop was
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located in the glide Street shopping area in Mossman Park NEMA Shoals unit p.m. was a theater nurse before deciding
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on the career challenge she had been lovingly married to Peter Lyons for 23 years and they had two daughters Amy and
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Katie Penn was a friendly bubbly person who could light up a room Muslim Park is
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a mostly affluent suburb of Perth eleven kilometers or roughly five miles southwest of the CBD with the Indian
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Ocean to the west and the Swan River to the east it has its fair share of green expensive houses and well-to-do
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residents although it did have its share of government housing units where a lot
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of the residents were less desirable types most were unemployed and addicted to drugs turning to crime to fuel their
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habits the shops are in Gilad Street had been the targets of several recent break-ins flora Metallica hadn't been
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broken into but somebody had thrown a brick through the front window the recent criminal activity led p.m. to
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instruct her staff members that if anyone broke in or tried to rob them while they were there just to hand over
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whatever they wanted money and material objects weren't worth getting hurt over p.m. did have a staff member working
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with her that day Jackie Basten but she finished at 3:00 p.m. after that p.m. was by herself
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still on that same afternoon the 23rd of May 13 year old Catherine Barden had been picked up from school by her
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grandmother Catherine the daughter of Jackie barzmann who worked at flora Metallica with Penn in order to get home
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Catherine's grandmother had the drive directly past the store they actually got stopped at traffic lights directly
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outside Catherine got a shock when she looked inside the shop from the car and saw a strange Caucasian man standing
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behind the counter she described him as being 30 to 35 years old medium build a slight orange beard six feet tall and it
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looked like he was wearing a bend down Catherine kept staring at the man and he eventually made eye contact with her
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after which he immediately crouched down behind the counter Catherine had never seen the men in the shop before she
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thought it was strange and made sure to look at the clock in the car the time was two minutes past 5:00 she told her
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mom Jackie when she got home Jackie thought it sounded strange so she picked up the phone to call p.m. to make sure
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she was at Kay but then she changed him on deciding it was probably nothing Peter Laurence was at home with one of
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his daughters he was concerned that his wife Pam hadn't returned home from work yet he called the store at quarter past
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six to say when she planned on getting home when Clem didn't answer he decided he had better go down and check on it at
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6:39 p.m. a call was made to emergency services a woman had been attacked an ambulance was requested to the flora
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metallica jewelry store at muslim park Peter Lawrence had walked into the store to find PM lying in a pool of blood with
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severe head wounds Peter was covered in blood himself as he was kneeling down next to his wife trying to help her when
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the ambulance and police arrived Pam had lost liters of blood she was barely breathing they put her on a stretcher
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and rushed her to hospital on the way to the hospital her breathing stopped they
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performed CPR and did everything they could but it was too late Pam was dead on arrival a later autopsy would reveal
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the PM died as a result of her severe head wounds the cause of the wounds was an unknown blunt force object there were
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no defensive injuries in Pam's wounds the forensic pathologist found little specks of an unknown blue material it
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was believed that that material came from the murder weapon detectives from the Major Crime Squad were caught in the
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lead detective of the investigation was Detective Sergeant shovel assisted by Detective Kapaun and a whole team of
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other detectives little was done that night in the way of a forensic investigation the jewelry store was
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locked and guarded until the following day when a thorough examination could take place a search was conducted to try
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and find the murder weapon but they turned up nothing Peter Lorenz pointed out that no money
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had been stolen from the register and no jewelry had been taken but pm's purse was missing it was the next day Tuesday
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the 24th of May when police first learnt about the suspicious man Catherine Barden had seen in the store there was
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other information to consider two reports that unknown people were seen in the area acting suspiciously around the
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time of the murder other reports of some of the known local junkies hanging around - and what about some of the
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undesirable characters that live in the government housing flats nearby or the mental health patient that lives there
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maybe it's related to the break-ins or the brief that was thrown through the window of the store not that long ago
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many names were added to a list of possible suspects but none of them were very solid at that stage the Lisp ended
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up containing over a hundred names the main concern for detectives was finding out who the suspicious men in the store
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was the Catherine bars then had seen an odd any kept drawing was made up of the men based on Catherine's description and
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it was sending out to the media the forensic pathologist concluded that 5:00 p.m. when she saw the men fit the time
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frame of the attack as p.m. could have remained alive that long naturally Peter Lawrence was a suspect
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in his wife's murder but there was nothing to cast suspicion on Peter other than the fact he found his wife's body
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there were no reports of violence or any other issues in the house they were still very much in love his daughters
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had no doubt that he was innocent it was Thursday three days after the murder when the name of 31 year old
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Andrew Mallard was first mentioned to police as part of the investigation police did an extensive Dornoch of
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surrounding residence one of the people they spoke to was Michelle the girl who had let Andrew sleep on her lounge
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it was detective Kapaun who spoke with her and he learnt all about Michelle's strange housemate with these weird
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stories and unpredictable erratic behavior he had been arrested for the break-in on the morning of the murder
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and she was sure he didn't get home until about 6:30 p.m. that night Andrew wasn't home to be questioned though he
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had already attended court for the break in charge and the judge recommended that
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he be sent to Grayland psychiatric hospital for a 28-day mental health assessment that got detective Kapaun
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even more interested Capel and went to the hospital to speak to Andrew he thought to himself that he
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sort of looked like the identikit pitcher that was made of the man Catherine bars and saw in the store he
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let Andrew know he was investigating the murder of Pamela Lawrence and asked where he was at the time of the murder
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Andrew let Cape Horn know that after he got released from the police station he called a taxi back to Michelle's unit
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in Mossman Park getting him there around 5:00 p.m. that didn't fit with what Kate
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Bourne had been told by Michelle she said it was more like 6:30 p.m. when he got home Kapaun also found out that
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Andrew used to wear bandanas although he said he stopped wearing them several months earlier Capel and then paid a
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visit to the taxi company he found the driver who picked up Andrew the driver didn't have any trouble remembering him
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because he said he was a rock star from England he said he didn't drop him off at
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Michelle's unit walk it was a completely different unit here boy but definitely not Michelle's
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Andrew told the driver he was just going in to get some friends and he would be right back it was 5:00 p.m. but Andrew
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never returned by 20 past 5:00 the driver realized he had done the runner on him
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Kapaun returned back to the hospital the next day eager to question Andrew about this new
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information he wanted to know more about this missing 90 minutes between 5:00 p.m. when he got out of the taxi and
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6:30 p.m. when Michelle says he got home it was during this second chat that Andrew came clean he admitted running
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off without paying for the taxi and he says he got dropped off at that particular unit block because he knew
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people who he could score dope off in there Andrew gave numerous names of people he was with or spoke to
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detectives canvassed the unit bought trying to verify his story but they couldn't no one remembered being with
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Andrew during that time Capel and got a warrant and took Andrews clothing for forensic testing his right shoe tested
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positive for two different blood groups one was undetermined the second was from
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blood group B the same blood group of Pamela Lawrence that was found in only 4% of the population
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inconsistent stories no alibi and admitted drug user who was displaying such bizarre behavior that led him to
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being sent to a psychiatric hospital on a court order and now there was the blood
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Kapaun was convinced he had his men he briefed the rest of the detectives on the case what he had uncovered and on
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Friday the 3rd of June the full result of the DNA test was revealed the moment Kapaun had been waiting for was at
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Pamela's blood on Andrews shoe no the initial tests were incorrect it was actually Andrews wife it was the
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following Friday the 10th of June 94 lady Andrew was released from hospital he was diagnosed with manic depression
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and bipolar disorder but he didn't have to stay there any longer his condition was manageable so long as he agreed to
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keep regular appointments for treatment Andrew had to reappear before a judge who ruled that he was officially free to
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go detective Cape Horn was waiting for him in the courtroom he approached Andrew
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and asked if he was prepared to go back to the station and answer a few more questions if he agreed
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Kapaun would give him his clothes and shoes back once they got to the police station they went straight into an
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interview room they went back over Andrews story what he did and where he was on the day of Pamela's murder Andrew
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gave the same version he was released from the police station called a taxi did the runner tried to buy some
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marijuana then returned to Michelle's flat he also informed Kapaun that he had been inside flora Metallica
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in the days before the murder he was trying to sell some of his jewelry but he was told they weren't that type of
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store Andrew wasn't under arrest officially he was the heir of his own free will having
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a chat and to get his clothes back so his rights weren't read through him [Music]
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they started poking holes in his story about the missing 90 minutes Andrew would give a name of someone who he
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thought he had spoken to in that time and the detectives would knock it down sorry we spoken to him and there was
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actually Sunday their night before the murder that you were together how come you can't remember where you were or
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what you are doing Andrew why are you lying Andrew what are you trying to hide injury just make it easier on yourself
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tell us the truth what really happened we can help you the detectives also knew about the type-in and police badge and
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Andrew had stolen to impress Michelle when asked about those items he said a friend had given them to him but they
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had serial numbers that detectives knew he was lying after about six or seven hours into the
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interview Andrew started giving an account like a hypothetical account what he believed happened as if he was a
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psychic saying that he could get into the killer's head and read his mind and see what happened
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he started saying he thought the person responsible was evil and scared and he just kept hitting Pam and couldn't stop
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this got capons attention he ready and drew his rights Andrew continued giving his theory I
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think he was just looking to steal something he went in through the back door she was still in the shop locking
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up and saw him he got scared so he kept on hitting her and couldn't stop he hit her on the head repeatedly with a wrench
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then he saw the girl in the car looking at him he got scared and had to get here
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so he moved the body dragged her to the back door she was making gurgling noises
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so he hit her again then Rania where was the wrench that detectives asked Andrew
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said the killer caught a train to North Fremantle and threw it in the ocean Andrew was trying to please the
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detectives and tell them what they wanted to hear so he could get out of the interview room Capel and talk to
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Andrews third person account as a confession when the detectives wanted to go back through his story again and get
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to the bottom of how he knew all that information if he didn't do it Andrew lost it and started yelling and
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swearing denying he was responsible protesting his innocence Andrews aggression led to a physical
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altercation and he ended up biting cable the interview was over and they charged
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him with assaulting a police officer but he wasn't held in custody he was released
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he never got his clothes or shoes back though none of that first interview was recorded the detectives made notes of
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what was said but they weren't signed by Andrew while that interview was being conducted Peter Lawrence was on the
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phone to Detective chervil he told him that he thought a 10-inch cid chrome wrench was missing from out the back of
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Kem's jewelry shop [Music] the reason Andrew was allowed to go was so they could run an undercover
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operation on him they didn't have enough evidence they didn't have any of it and
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truly all they had was Andrews unrecorded ramblings of a third person account of how he thought the murder
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happened they needed more so Andrew was about to meet a new friend they were hoping he would confess and lead the
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undercover officer to the murder weapon and the pm's purse Andrew had nowhere to
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go Michelle wasn't having him back and he didn't want to go back home to his parents so he was forced to sleep in a
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park it was only a few days later while Andrew was hanging in the park that he met Gary
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he instantly hit it off with Gary and was impressed when you drove him around to score some dope he was even more
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impressed when Gary shouted him a couple of nights in a hotel room Gary said he was writing a book on Pamela's murder
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and he wanted Andrews help Gary wanted to know all about Andrews theory of what happened so Andrew gave him the same
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story he gave to the detectives Gary then started mentioning weapons and wanted to know what Andrews thoughts
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were Gary even brought up wrenches specifically making mention of said chrome wrenches he asked the injury what
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he thought could that be the murder weapon he also asked if you thought there would
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have been a lot of blood what the killer would have done with his clothes where the killer would have got the weapon and
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where the killer would have disposed of the weapon andrew was only too happy to speculate based on injuries answers
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Gary's report would later read that the motive of the murder was robbery the murder weapon was a wrench the wrench
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had been thrown off a bridge into the Swan River and the killer watched the blood of his clothes using the salt
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water in the river in Andrews words that would [ __ ] with the forensics again Andrew hadn't confessed directly but the
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police believed what he was saying was information only the killer would know and he was giving his confession in some
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sort of speculative third-person way Andrew wasn't well between their in-depth discussions about cams murder
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he was smoking a heap of pot and his behavior was getting more erratic he started talking about how he had passed
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through several dimensions and his soul could enter different bodies he also mentioned that he was really a Viking
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warrior and that comment led Gary to encourage Andrew to participate in a makeover
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Gary bought him a pair of boots an army jacket and a kilt at a secondhand store then he took him
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to get his head partly shaved there you go Andrew you look much more like a viking warrior now Gary started
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the fear free safety believing Andrew was a murderer and seeing his behavior get more and more erratic
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the undercover operation was called off no admissions were made and they never got led to the murder weapon or to PM's
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purse Andrew failed to attend court for the assault police charge so a warrant was
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issued for his arrest he was arrested by Detective Brandon who was also working on PM's case he was taken back to the
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police station and put back into the same interview room that he was in before detective Brandon wanted him to
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answer some more questions about Pam's murder Andrew went back to his third-person theories about what he
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thought had happened this time he added in a description of PM's injuries Andrew
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was able to describe them because he says he was shown a photo of them in the first interview they handed Andrew a
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piece of paper they told him to draw the wrench that he believes the killer used
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Andrew did as he was told he even wrote the words CID chrome on the wrench remembering what Gary had told him
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andrew was interviewed for over eleven hours this second time round of which only 30 minutes was recorded on video a
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record of the rest of the interview was completed by the detectives making unsigned notes just like the first
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interview when the tape was turned on they went back over the story now asking him
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questions based on all the information Andrew had given them mostly in the third person but he also spoke in the
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first person at times okay yeah I've told you that you don't have to be under guard video recorded Rivlin music
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correct you told me that and what your my responsibilities I want to be video recorded so that I can be cleared okay
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we're on this we brought you in this morning we had a conversation in the lighting to the panel Lawrence at Muslim
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Park do you agree with that during the course of those discussions he told us certain things okay you said
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that you needed money I did okay and that and you told us that you went in the rear went in through the rear of the
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shop of flora Metallica is that what you told us I told me that okay okay I'm just gonna
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go through that Nina okay what you told us will sort the rest out later actually
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told us so you went on the front on glass three and then you were looking back and you saw that the flora metallic
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of the door was shut yes and that you thought that it was closed so it was safe to do a break is that what you told
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us that's correct okay you just got you describe the steps to us and you described the rear door and
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the fly screen door you did about you have something as I start you go on if Pamela Lawrence was looking the store up
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maybe she came in through the back way like I did the front doors are locked way back
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yeah and she left the key in the back door that's what he had easy access and that's what he didn't hear him until he
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was monster who Gong with what you told us earlier archived before we go into anything else you happy with that very
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happy I can that Bob you told us that she became hysterical and started screaming that's right okay and that you
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said that you didn't mean this is our guy it's difficult because this is what you said I didn't mean you didn't mean
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to cause any further injury okay because it painting our paint and at the time my florals on speed or drugs
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but maybe not you thought I think you said initially that you only meant to knock her out that's right okay you told
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us that she was dressed in what a skirt of some sort of game being a woman to taste the sophistication to Europe had
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to be more I not a skillet like this but one that joins up okay but that and the
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fact is that the fact is that you told us all these things and you now say that that was a complete pack of lies that
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all that things that you told I say that is my my version my conjecture of of what scene of the cars will over that
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you told us you went in through the rear of the shop at flora Metallica I told you that now you said you went into the
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shed yes you told us you got a wrench is that correct I rented from the toolbox you
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said to her that you were going to rob her this is what you told us this is what I imagine this person would say
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okay what I'm saying is this is what you told us and you said to us you hit her how many times I would say six to twelve
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at the max the autopsy report said 1212 was a good answer and on and on the questions went
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even though the detectives maintained only the killer could know this information that Andrew was giving a lot
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of it was actually incorrect his description of PM's person handbag were wrong his description of the car
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catherine Basden was in was wrong his description of what p.m. was wearing was wrong his description of the back of the
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shop and what was stored there was also wrong after the interview ended andrew still
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had to face court over the assault police charged the judge sent him back to graylien psychiatric hospital for
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another assessment two days later detective chervil and Cape Horn met with top prosecutor John McKechnie they
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presented their case to him which was basically just the Andrews mostly third person confessions McKechnie said that
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without the video then there definitely wasn't enough for a case they couldn't just go with the unrecorded unsigned
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notes that the detectives made but the video was the clincher he gave the detectives the go-ahead the
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next day the 19th of July 1994 Andrew was released from hospital into the custody of detectives he was charged
00:33:15
with the murder of p.m. Ella Lawrence he wasn't sent back to the hospital he was
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sent to prison the first step in the court process was a preliminary hearing to see if the
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prosecution had enough evidence to send the case to trial and to see what evidence would be allowed into the trial
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the judge ruled that the unsilent records of Andrews confessions would be admissible and that the prosecution had
00:33:43
enough evidence to proceed a trial date was set for the second of November 1995 Andrew had no money so he was
00:33:54
represented by legal aid some might be more familiar with the term public defender he wasn't convinced that his
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public defender was up to the task so he requested a barrister the public defender actually agreed with him and he
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applied for funding to get a barrister onto the case but it was left too late so in order to make that happen they
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would need an adjournment the judge didn't allow the month the trial was to proceed as scheduled the case was
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prosecuted by Ken Bates he presented it to the jury in his opening statement as a robbery gone wrong
00:34:36
Andrew went to the jewelry store with the intention breaking in thinking no one was there he was surprised to see
00:34:43
PML are still working late he panicked and bludgeoned her to death with a wrench he stole her purse but left
00:34:51
before he could steal anything else due to his panic state during the trial the 30 minute video was presented Bates
00:35:00
described it as a confession intricate in nature with details only the killer could know although the video did start
00:35:08
and end with the injury protesting his innocence kay Pollan took the stand and it took
00:35:16
several days for him to give his evidence he went through the first day to our interview reading the notes that
00:35:22
were written down but not signed or recorded on video they didn't call Gary as a witness in fact the undercover
00:35:30
operation wasn't mentioned at the trial at all Andrew took the stand and gave evidence he denied everything the
00:35:38
prosecution was alleging at one point he even looked at Peter Lawrence and said I
00:35:43
did not kill your wife mr. Lawrence I had nothing to do with it he also denied saying he had killed p.m. with a wrench
00:35:53
saying it was his theory that's what the killer used the trial lasted for two weeks
00:36:00
it didn't take the jury long to reach their verdict [Music] guilty he was sentenced on the 21st of December
00:36:12
1995 the judge had this to say you showed no sign of remorse and during your trial or now at trial you displayed
00:36:24
confident assertive behavior and displayed clear evidence you're a manipulative individual prepared to lie
00:36:31
cheat steal and defraud if the need arose you went to the shop to commit burglary but when you realize that you
00:36:41
would be identified you panicked and struck PML alliance repeatedly with a heavy wrench and rouge stood up and
00:36:48
screamed why did not the judge continued the blows were delivered until you were
00:36:56
satisfied two is dead your sentence will be twenty years of strict security life
00:37:02
imprisonment Andrew continued to scream and protest his innocence as it was dragged away the
00:37:12
20 years that was mentioned was the non-parole period so it was possible that Andrew would never be released
00:37:20
especially when a big factor in parole is remorse andreal purely sentence and it was heard
00:37:29
at the Court of Criminal Appeal in June 1996 three Supreme Court judges said on the appeal Andrew was now being
00:37:38
represented by barrister he's barrister attacked the confessions labeling them unreliable because only 30
00:37:47
minutes was recorded out of 19 hours of total interview time and a video camera was available in the room the entire
00:37:54
time he also heavily attacked the inaccuracies of injuries confession the descriptions of the purse the car
00:38:02
catherine was in the shop and what PM was wearing the fact that there was no forensic evidence no positive ID and no
00:38:11
murder weapon were all raised as was the Tommy it was extremely unlikely Andrew would have been able to get out of the
00:38:19
taxi at 5 p.m. then run to Flora Metallica to be seen by Catherine bars Dhin two minutes later the prosecution
00:38:29
relied on what they called the 15 things any injuries confession that only the killer could know but as you've heard
00:38:36
some of these details were given to Andrew like the CID chrome wrench they couldn't even prove a wrench was the
00:38:43
murder weapon they certainly hadn't found the murder weapon yet it formed one of the 15
00:38:49
points in Andrews confession that only the killer could have known the three appeal judges listened to both sides and
00:38:57
retired to reach their verdict which came three months later and it was unanimous Andrews appeal
00:39:06
dismissed conviction upheld although the ruling did come with a warning to police
00:39:14
unrecorded confessions would no longer be allowed but the trial result in Andrews case wouldn't be altered their
00:39:23
ruling did state there were some unsatisfactory aspects of Andrews case but they were happy there was no
00:39:28
miscarriage of justice the ruling meant that there was one court left to go the High Court
00:39:36
but you couldn't just take any old case to the High Court you first had to convince three judges that the appeal
00:39:42
had grounds to be heard in the High Court sort of like an application process generally the High Court is only
00:39:50
interested in severe miscarriages of justice all matters of national importance Andrews barrister failed to convince
00:39:59
them the case wouldn't be heard in the High Court it was done Andrew was imprisoned for life
00:40:12
Andrew struggled to cope with the ruling demanding to take a lie-detector test even demanding to be injected with truth
00:40:19
serum not knowing knees weren't actually options as time went on he started to believe he was the victim of a big
00:40:27
conspiracy they must be trying to brainwash him the real killer was a powerful man
00:40:33
so Andrew was set up as a patsy he started to believe everyone was in on it the real murderer the police the lawyers
00:40:42
the judges the prison guards everyone the long interviews he had were actually brainwashing sessions designed to
00:40:51
convince him he was responsible he even went to the prison library trying to find anything he could about
00:40:59
brainwashing and hypnosis convinced this must be the answer the idea continued to go in his head he
00:41:08
started to see the prison as a brainwashing facility the lights were actually cameras recording his every
00:41:15
move the live feed of which was being sent back to detective cable the distress alarm in his cell was a speaker
00:41:23
where messages were whispered to him in his sleep he saw the other prisoners as actors this was their job to come here
00:41:31
and convince him he was in prison when really they were part of the brainwashing conspiracy he became
00:41:39
obsessed with the idea refusing to speak to any other prisoners and even cutting
00:41:44
off all visits from his family he put up a sign in his cell my name is Andrew mark Mallard
00:41:51
I will not speak to any police or member of the justice system prisons department or any other
00:41:57
authority without proper legal representation I have nothing to say despite his delusional State Andrew was
00:42:06
known as a passive well behaved prisoner Andrews parents Roy and grace and his sister Jackie were convinced he was
00:42:15
innocent Roy dedicated himself to studying court transcripts witness accounts and law
00:42:21
books to try and find a hole in the case he was certain the story didn't add up something was wrong while obsessing over
00:42:31
Andrews case Roy started to experience pain in his stomach a trip to the doctors revealed it was cancer and he
00:42:39
wasn't given long to live Roy told grace not to tell Andrew concern that he was already in a terrible mental state with
00:42:48
these brainwashing conspiracy theories he didn't want to give him something else to worry about grace agreed Roy
00:42:56
died less than four weeks later having cut off all visits Andrew hadn't seen his family for years when his
00:43:07
mother broke been used to him of his father's death Andrew didn't believe her he was still
00:43:12
running with these conspiracy theory and he believed that they had now gotten to
00:43:16
his family that it was a story designed to finally break him he said don't worry
00:43:23
mum I know you've been told to say this told dad I know he's alright don't worry about me okay his sister
00:43:33
couldn't convince him either his dad was the strongest man in you he was in great
00:43:38
health no way he was dead Andrew was upset they've gone through his family but he wouldn't let them
00:43:46
break him grace Maillard never wavered from her belief that her son was innocent she
00:43:54
spoke to anyone who would listen about his case one of those people was Colleen Egan who was working for today tonight
00:44:02
at the time a current affairs news program on Channel seven Colleen wasn't interested in the story for today
00:44:10
tonight but she was interested in it personally what caught her attention was a letter that a well-known barrister
00:44:16
Malcolm McCusker had written Colleen used to be a court reporter so she knew who was who in the legal
00:44:23
circles McCusker was well respected and he had written that Andrews case was very unsettling but there was nothing
00:44:30
that could be done unless they came up with fresh evidence that if presented to a jury may change the outcome that was
00:44:39
enough to interest Colleen to take a look at the court transcripts after which she was convinced Andrew had been
00:44:45
given a raw deal when grace and Jackie went to tell Andrew that a reporter was interested in helping them Andrew was
00:44:53
far from impressed convinced this was just another part of the conspiracy he refused the talk and said he didn't want
00:45:01
any help colleen advice Greyson Jackie that they should first worry about getting Andrew psychiatric help before
00:45:09
they were worried about fighting the case the prison was initially reluctant to force injury into any treatment sure his
00:45:17
behavior was odd but he wasn't violent and he wasn't causing trouble but eventually they changed their stance
00:45:25
and he was sent for a psychiatric assessment it was being placed in a hospital environment that seemed to snap
00:45:32
Andrew back to reality he realized there was no way his fellow patients were actors they were legitimate patients he
00:45:41
was in a real Hospital it suddenly became clear to Andrew this was real it wasn't a conspiracy he wasn't in a
00:45:50
brainwashing facility the switch was flicked Andrew started to come back gone were his delusional ramblings
00:46:01
Andrew wanted to cooperate with the psychiatrist and prove he was innocent after a few months of treatment his
00:46:09
condition had greatly improved and he was sent back to prison Andrew apologized to his mum into his
00:46:17
sister saying the conspiracy brainwashing theory was the only way he could rationalize what had happened to
00:46:24
him Jackie called Colleen and told her the good news Andrew was ready it was a long process
00:46:34
Colleen worked on the case for four years with the help of Andrews barrister and many others but they couldn't find
00:46:41
what they needed they hadn't uncovered any fresh evidence so there was no grounds for a new appeal Colleen decided
00:46:50
to approach an unlikely ally John Quigley was a well-known lawyer who spent 25 years working with the police
00:46:58
union defending police officers accused of wrongdoing he rarely lost a case his reputation was exceptional known as one
00:47:08
of the best lawyers you could get he was also a big personality who loved the light and love to the camera
00:47:16
Colleen knew this from her crime reporting days but Quigley had recently quit law and had taken up politics
00:47:23
becoming a Labour Party backbencher during the four years she had been working on the case
00:47:30
Colleen had changed jobs it just so happened she was now working for a newspaper covering politics quickly knew
00:47:39
everything there was to know about police procedures and practices that's what made him such a good person to
00:47:45
approach but it was risky 25 years of defending police officers had developed some solid relationships and contacts he
00:47:55
was the only non police officer to be given a life membership of the police union Colleen approached him and let him
00:48:02
know she strongly believed there was an innocent man behind bars what better way
00:48:07
to start a career in politics hoping get an innocent man out of prison Quigley didn't make any promises but he told
00:48:15
Colleen he would have a look at the case and get back to her it didn't take him long to find a problem it was what
00:48:24
happened after the first thing of you when Andrew was charged with assaulting police andrew was homeless at the time
00:48:30
it was very unusual for somebody to be released on bail if they had nowhere to go
00:48:37
he compared this fact with the evidence of detective Branden who arrested Andrew
00:48:43
on the warrant a week later and conducted the second interview Brenham said he was just driving around and by
00:48:49
chance happened to say Andrew in the park so he arrested him on the warrant Quigley was able to put it together
00:48:57
pretty quickly he realized the injury was released because they were running an undercover operation and brendham
00:49:04
didn't just happen to drive past him in the park they knew where he was the entire time it was unusual that there
00:49:12
was an undercover operation and it wasn't mentioned in the trial at all the approach that Quigley had paid off these
00:49:20
were things that stood out for him that the others just didn't see and Quigley assumed that there was probably more
00:49:27
that had been in he decided to meet personally with the forensic pathologist dr. cook
00:49:36
Quigley asked him how it came to be that a wrench was determined to be the murder
00:49:40
weapon dr. cook said he had no idea he told Quigley the same thing he says he told
00:49:47
the detectives in charge of the case and the prosecutor I find it hard to believe
00:49:53
a wrench could have caused those injuries Quigley showed him the sketch that Andrew had drawn of the CID chrome
00:50:00
wrench dr. Cook had never seen it before this was enough for the ball to start rolling
00:50:09
Quigley used his political connections to be given the prosecution for all they had at that point where the court
00:50:16
transcripts it surprised them to see that tests had been done back in 1994 to see what
00:50:24
wounds our wrench made on a pig's head the wounds were different to the wound suffered by pen this test was never
00:50:32
disclosed to the defense all brought up in the trial the prosecution file also confirmed what Quigley had already
00:50:40
worked out anyway that there was an undercover operation several years had now passed since the trial the
00:50:49
prosecutor Ken Bates who was in one of his first high-profile cases was now a highly respected prosecutor with a good
00:50:56
reputation john McKechnie who was the top prosecutor in the state at the time and who gave the detectives that go
00:51:05
ahead the charge was now a serving Supreme Court judge detective chervil and Kapaun when our assistant police
00:51:13
commissioner's detective Brandon who arrested Andrew and conducted the second interview was now a superintendent not
00:51:24
surprisingly there was resistance to what Quigley was saying Headlands read that Quigley was trying to get a vicious
00:51:31
murderer off the hook on a non-disclosure technicality officers in charge of the case and the prosecutor's
00:51:40
office maintained that the case against Andrew was strong he had made a solid confession and a jury was convinced
00:51:46
beyond a reasonable doubt he was the killer but enough had now been uncovered for the case to be referred back to the
00:51:53
Court of Criminal Appeal the prosecution was determined to fight the appeal that
00:52:00
conceded that yes they should have disclosed all of the information but they maintained it was just an oversight
00:52:06
and it wouldn't have affected the outcome of the trial [Music] wellnot embarrassed the Malcolm McCusker
00:52:13
whose letter got Colleen interested in the case was now defending Andrew and because the case was back before the
00:52:20
Court of Criminal Appeal and full disclosure had been made there were a few more issues that came up Michelle
00:52:28
the girl Andrew was living with at the time of the murder was made to give several different
00:52:32
statements to police each one slightly different adding or taking out little details to better fit the theory that
00:52:40
Andrew was responsible only her last statement was given to the defense catherine bar stand the
00:52:47
thirteen-year-old witness who saw the suspicious being in the shop also made a sketch of the man she saw as soon as she
00:52:53
got home and she wrote a statement out herself different to what was later presented at court Catherine had also
00:53:01
failed to pick Andrew out of a photo lineup and she didn't identify him in court as the man she saw
00:53:07
[Music] it was found that a forensic report had also been amended the amended version
00:53:15
was the one supplied to the defense and presented as evidence at the trial it was amended to remove the part that said
00:53:22
there was no trace of salt water on injuries clothing if you remember back to Andrews theory on the crime he said
00:53:31
that the killer washed his clothes in the salt water because it [ __ ] with the forensics as they were relying on his
00:53:38
third person rants as a confession it didn't look good if there was no blood and no traces of salt water on his
00:53:44
clothes but if there was no mention of the salt water not being present baits could still give that theory to the jury
00:53:51
Andrew washed his clothes in the river that's why there was no blood so Andrews defense team were arguing that evidence
00:54:02
was withheld and statements were changed in order to make the case look a whole lot stronger than what it was the case
00:54:12
was heard in the Court of Criminal Appeal before three Supreme Court judges on the 3rd of December 2003 they made
00:54:21
their ruling which was again unanimous appeal dismissed conviction upheld to keep it simple
00:54:34
basically they agreed with the prosecution yes there were clearly non-disclosure issues but no those
00:54:41
non-disclosures wouldn't have affected the outcome of the trial neither chervil or cap on were called as
00:54:49
witnesses by the prosecution in the appeal meaning that offense could not cross-examine on the 27th of October
00:55:00
2004 Andrews defense team presented their case to the High Court again it was initially like an application
00:55:08
process this time they were successful the judges granted special leave for the High Court to hear the appeal but there
00:55:18
was still a long road ahead all that meant was that they got their foot in the door it would be another year before
00:55:25
the case was actually heard but their day in the High Court finally came and five judges sat on the panel to hear the
00:55:32
appeal after considering all the evidence and all the issues around the case they reached a decision and again
00:55:44
it was unanimous conviction quashed a retrial was ordered they believed there had been a
00:55:56
miscarriage of justice shortly after the High Court ruling the corruption and crime Commission started investigating
00:56:04
allegations of misconduct by the lead detectives and the prosecutor the prosecution initially didn't back down
00:56:13
declaring they had every intention of pursuing the retrial but their attitude changed when a judge ruled that those
00:56:21
unrecorded and unsigned confessions wouldn't be admissible in the second trial with that information in mind the
00:56:31
prosecution elected not to be sure a retrial they took a parting shot saying and the
00:56:37
reason they weren't pursuing the case is because the vital evidence was ruled inadmissible and that injury remained
00:56:42
their prime suspect the police agreed saying the case would remain closed Andrew as their men but he had just been
00:56:51
laid off on a technicality after being locked up for 12 years andrew was free just after Andrews release a blood
00:57:03
splatter expert was in Perth testifying in an unrelated trial he studied the photos of bloody clothing that had been
00:57:10
taken off the PM's murder based on those photos he formed an opinion on who killed Penh his report wasn't good news
00:57:19
for PM's husband Peter Lawrence despite the police saying the case would remain closed public pressure mounted and
00:57:30
they'll forced to reopen it and have another look they formed a squad to re-examine every
00:57:36
piece of evidence in the case new technology was now available that didn't exist 12 years earlier and it was hoped
00:57:43
that this new technology might help uncover new information and it did a partial palm print was fed through the
00:57:52
computer system and it quickly produced a match in July 1994 just seven weeks after PM's murder an English backpacker
00:58:05
Solomon Rockford was arrested for the murder of his girlfriend Regina Dickens Simon had been in Perth for only six
00:58:13
months at the time Regina was a local he met when he arrived here the cause of her death was
00:58:22
traumatic brain injury Simon bludgeoned her to death with a weapon he had made himself using an old
00:58:28
wait in an old handle Simon had spun a whole heap of Lies to bridgetta about who he really was and what he was
00:58:37
doing he gave Green tales of being rich and successful when really he was a criminal who had overstayed his tourist
00:58:44
visa Brigitte are eventually caught on to his lies and confronted him she threatened to report him to immigration
00:58:54
but Simon couldn't have that he was the prime suspect for a stabbing murder back
00:58:59
in England Simon dumped her body in the boot of a car and left the murder weapon there to the
00:59:07
murder weapon that he had made himself which he had painted blue the wounds on bridgetta
00:59:16
were the same as Pam's the unknown pieces of blue material in PM's wounds a perfect match to the paint from Simon's
00:59:24
murder weapon finally PM's killer was known Andrew actually remembers Simon from prison he
00:59:33
thought it was strange he would always stare at him but never say a word some of the prisoners even got their cases
00:59:41
mixed up they would say to Andrew you're in here for that girl in the boot murder
00:59:46
Archer Andrew would reply no that's the other guy I'm innocent of my crime Simon
00:59:55
made full admissions to police when he was arrested but he kept the truth about PM's murder to himself
01:00:04
simon's interview was actually conducted by detective random the same detective who had only just conducted Andrews
01:00:11
second interview a month earlier Simon was sentenced to life in prison with a non-parole period of 15 years
01:00:19
five years are less than andrew brigitte a--'s autopsy was conducted by the same
01:00:26
forensic pathologist who conducted pm's some of the same detectives were involved in both cases the wounds were
01:00:33
the same the crimes happen close together but no one was able to link the cases at the time aspects of that blood
01:00:44
splatter report naming Peter Lawrence were later criticized clearly it was wrong Peter had nothing to do with his
01:00:52
wife's murder the real killer was now known the corruption and Crime Commission later came to a conclusion as
01:01:01
well their report stated the Commission is satisfied that detectives Kapaun and chervil who were together involved in
01:01:10
the process either by persistent and repeated questioning or by deliberately raising doubts in the witness's minds
01:01:16
until they became confused uncertain or possibly open to suggestion were instrumental in causing the witnesses to
01:01:24
change their statements by being less particular as the clothing and head wear color so that more general descriptions
01:01:30
could apply to mr. Millar the process demonstrates a pattern which the Commission is satisfied can not have
01:01:37
been accidental or coincidence they found that the detectives were blinded by tunnel vision they thought injury was
01:01:48
the killer so they changed aspects of the case to make it fit in better they ruled that chervil and Cape Horn who if
01:01:59
you remember winning our assistant commissioners be disciplined for misconduct and that there were
01:02:04
reasonable grounds for termination of their employment prosecutor Bates got the same recommendation despite the
01:02:13
findings in the corruption and kronk Commission report the police commissioner couldn't use those findings
01:02:19
as a basis to sack the officers involved by law he had to conduct his own inquiry
01:02:27
before that happened chervil resigned with full benefits in Cape Horn resigned and took up another government job
01:02:35
prosecutor Bates resigned and received a pea the judge is involved in the trial and the appeals process carried on with
01:02:43
their careers and received a three point two five million dollar payout from the
01:02:50
government he left Australia and returned the England eager to find a wife and to have children
01:02:57
we will never know what really happened inside flora Metallica that day or why Simon did what he did because when Simon
01:03:06
Rockford was declared a prime suspect in PM's murder he took a putty knife and hacked through
01:03:12
his wrists and his neck ending his life [Music] you