00:00:00
48 year old cameraman Patrick McDermott was the on and off boyfriend of Olivia Newton-John
00:00:06
in 2005 he boarded an overnight fishing charter off the coast of Los Angeles when the boat disembarked the following
00:00:14
day Patrick was nowhere to be seen in season 2 of suicide poppy Damon and Alice fines dig deeper into Patrick
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McDermott's case than anyone has before they explore Patrick's life his disappearance and the media storm that
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followed with exclusive interviews from Patrick's France private investigators Marine safety experts and a witness from
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that fateful Boat Trip Poppy and Alice strive to answer the question did Patrick die at sea or did he disappear
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deliberately to begin a new life The Disappearance of Patrick McDermott is both a true crime Quest For answers
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and a deep dive into media ethics and journalism in the digital age Suicide Season 2 The Disappearance of
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Patrick McDermott is available to listen to now for free only on Spotify stay tuned to the end of today's episode
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to hear the trailer new episodes are released every Wednesday so be sure to hit the follow
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button on Spotify so you don't miss an episode there's many reasons you might want to
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foreign [Music] deal with serious and often distressing incidents if you feel at any time you
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need support please contact your local crisis center for suggested phone numbers for
00:03:15
confidential support please see the show notes for this episode on your app or on
00:03:19
our website [Music] [Laughter] at 9 32 pm on Friday March 18 1994 A call came through to the South
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Australian ambulance service helpline on the other line was a distressed male my fiance has had an accident in the
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bath he said I think she has drowned the operator began asking questions but the caller was in a state of panic
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he put the phone down explaining he was performing CPR six minutes later two paramedics arrived
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at a federation-style duplex in McGill a leafy suburb seven kilometers east of Adelaide's CBD
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the house belonged to 29 year old lawyer Anna Jane Chaney she lived there with her fiancee 39 year old financial
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advisor Henry Keough who was the one who placed the call a distraught Henry hurried the
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paramedics into the small L-shaped bathroom located at the front of the house Anna Jane was lying on the floor naked
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her body halfway between the bathroom and the adjoining bedroom her skin was visibly pale and her dark
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blonde hair was wet against the bedroom carpet Henry dropped to his knees and hunched
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over Anna Jane's body weeping the paramedics asked him to move aside as they commenced resuscitation
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straight away they noticed a significant blockage in her Airway they tried to unblock it but it was no use
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Anna Jane was already dead given it was an unexplained and sudden death police were summoned to the scene
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to rule out Foul Play when officers arrived they found Henry crying next to Anna Jane's lifeless body
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his head resting on her chest [Music] [Music] [Music] Henry KO told officers that after
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knocking off work on Friday March 18 he and Anna Jane met at a trendy Suburban Pub to unwind
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they chattered over several glasses of Chardonnay and a bowl of potato wedges before heading home
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they weren't there long before Anna Jane had to leave to meet her sister-in-law Sue who was also her best friend
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the two had arranged to walk their dogs in a nearby park while discussing the latest wedding plans
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in just six weeks time Anna Jane and Henry were due to get married with Sue serving as bridesmaid
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Anna Jane jumped into her Volvo with her energetic bearded collie Jordan her catch-up with Sue was short yet
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enjoyable at around 8pm the sisters fare world one another making plans to see each other
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again the following weekend Anna Jane drove back towards her home looking forward to a quiet night in
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at home Anna Jane encouraged Henry to go see his mother Henry and his mum had a somewhat
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tumultuous relationship and it had been about six weeks since he had last paid her a visit
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Henry agreed that it was a good idea his mother only lived five minutes away so it wouldn't take long
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meanwhile Anna Jane was tired and her back was sore she told Henry she'd soak in a bath while he was gone
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Henry left at around 8 20 p.m arriving at his mother's house shortly after he stayed for about 45 minutes before
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returning home it was roughly 9 30 p.m by the time he pulled into the duplex driveway
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Anna James Volvo was right where she'd left it and her dog Jordan rushed to the front door
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but when Henry entered the house it was oddly silent he called out but there was no response
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he walked down the hall only to find the kitchen and Lounge room empty he went back down the hall then paused
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he could tell the light was on in the bathroom but nothing stirred Within he gave the door a push
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inside Anna Jane was slumped over in the tub lying on her right hand side facing
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north her nose and mouth were completely submerged in the water her skin pale and
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eyes glassy [Music] Henry tried to lift Anna Jane out of the bath but this proved it difficult on
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account of him having an injured back the water was also making everything slippery
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instead Henry tried to let the water out of the bath but Anna Jane's body was blocking the plug
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he managed to maneuver his hands under Anna Jane's arms hugging her tie to his chest Henry then
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dragged her wet body out of the tub where it flopped onto the floor Henry had volunteered with the ambulance
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service 15 years prior and he tried to remember his CPR training he felt Anna Jane's throat but his own
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heart was racing so fast that he couldn't tell if she still had a pulse he checked her Airway before commencing
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mouth-to-mouth resuscitation and chest compressions in his Panic he couldn't remember if the
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number for emergency services was Triple zero or triple one instead he called the direct ambulance
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helpline while continuing to administer CPR [Music] at no time did Anna Jane move or make a
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sound the responding police officers examined at the scene the tub that ran along the back wall of
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the bathroom was three-quarters full of tepid water and there was no blood or vomit to be seen
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it didn't look like Anna Jane had fallen had hurt herself or suffered a sudden illness
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there were no signs of forced entry or any kind of violence or struggle police therefore concluded it was a
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non-suspicious death Anna Jane had likely fallen asleep or passed out in the tub and drowned
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Henry notified The Cheney family of Anna Jane's death for them things didn't make sense
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Anna Jane was a healthy young woman with no medical history that would explain a
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sudden loss of consciousness she had consumed four glasses of wine at the pub with Henry that night yet her
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sister-in-law Sue didn't think she'd seemed affected by alcohol when they met at the park to walk their dogs
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Anna Jane wasn't a drug user and was otherwise looking forward to the future she had recently secured a senior
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position with the Law Society of South Australia an impressive achievement for someone of her age and experience
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it was a demanding role but one that Anna Jane thrived in colleagues admired her ability to blend
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her ambitious and career Focus to dedication with her characteristic warmth and joy
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they did recall that Friday had been a particularly stressful day at Anna Jane's work but no one she interacted
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with that day noted anything out of the ordinary when a deceased body is found in water
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there is nothing in an autopsy that will exclusively prove that the individual died from drowning
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therefore a range of factors such as injury heart attack stroke and severe allergic reaction need to be ruled out
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before drowning can be concluded as the cause of death the task of conducting anagen Chinese
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autopsy was assigned to Dr Colin manok the senior director of forensic pathology at South Australia's Forensic
00:12:19
Science Center hate conducted around 9000 autopsies over the span of his 30-year career and
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was considered by many to be the state's top forensic expert Dr manok couldn't find any trauma that
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would have rendered and a Jane unconscious but he did notice a three centimeter circular bruise on the top of
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her forehead which appeared to have occurred shortly before she died there was also a small bruise on the
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back of her neck Blood and Tissue samples were taken from her lungs hard and brain for further
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testing and to exclude any significant medical conditions until then Dr manarch reported his
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findings to the coroner determining the provisional cause of death to be freshwater drowning
00:13:11
he said no further reports would be necessary unless the tests revealed something of note
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but the bruising concerned him it was an unusual position that didn't look like it could have been caused by a fall
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a constable who worked for the colonial investigation section had attended Anna Jane's home on the night she died
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from the get-go she'd felt that there was something a little off about the whole situation
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she found Henry keough's Behavior at the scene to be odd describing his display of grief as quote crocodile tears
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upon reading the report she noted that the location of the bruise at the top of Anna Jane's head didn't fit with her
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falling face first or with her head back the Constable requested further inquiries be conducted to explain how
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the bruise occurred and she wasn't the only one who had questions there was no doubt in anyone's mind that
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Anna Jane was deeply in love with Henry Keough the two had met at a popular city Pub in
00:14:26
1989. at the time Henry was working for the now defunct State Bank he'd previously pursued careers in
00:14:36
dentistry and sales before finding his calling in the financial industry although he didn't have the same
00:14:43
upper-class background as Anna Jane and her friends the two connected on an intellectual level
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they began meeting up regularly and an emotional connection started to grow Anna Jane was drawn to Henry's quiet
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intellect and cheery exterior he enjoyed Anna Jane's quick wit confidence and her no-nonsense approach
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to life Henry also saw Anna Jane as physically stunning within weeks they'd formed a romantic
00:15:15
relationship to Outsiders Anna Jane was smitten but for the rest of the Cheney family
00:15:24
the feeling wasn't Mutual while they tolerated Henry on a social level they simply didn't feel he was
00:15:31
right for Anna Jane in addition to the 10-year age gap between them there was something about
00:15:38
Henry they didn't trust after working in various roles over the years he'd recently started a new job in
00:15:46
a stockbroking firm not only did the Chinese feel Henry was possessive and somewhat cagey about what
00:15:53
he did for a living he had been married with three children when he started an affair with Anna Jane
00:16:02
although Henry had since divorced his first wife he was still financially supporting her and their children
00:16:09
Anna Jane's family wondered about how this might impact their upcoming marriage furthermore since having his third
00:16:17
daughter Henry had had a vasectomy although Anna Jane insisted motherhood wasn't high on her list of priorities
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there were concerns she might change her mind in the future when Anna Jane borrowed money from her
00:16:34
father to purchase her McGill home in May of 1992. it was on the condition that Henry didn't move in
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the pair had been running hot and cold and the chainey suspected that Henry might still be romantically involved
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with his ex-wife Anna Jane's mother had once spotted Henry's car in his ex-wife's driveway at
00:16:55
a time he told Anna Jane he was Interstate but after some ups and downs Anna Jane
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assured her parents that her relationship with Henry was solid three months after she purchased her
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home Henry was living there full time once the reality of Anna jang's death began to sink in her father was eager to
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make sure her financial affairs were in order on Sunday March 20 he asked Henry whether Anna Jane had any insurance
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policies Henry responded no not that I know of but as the Chinese quickly found out
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this wasn't the case the previous July Henry and Anna Jane had gone on a holiday to Hong Kong
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in preparation Anna Jane had taken out a four hundred thousand dollar life insurance policy
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she told her brother and other friends about it before she left saying that if anything happened to her the insurance
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would settle her thirty thousand dollar debt to her father and pay off her mortgage
00:18:07
the rest would go to Henry [Music] this information from the Chinese coupled with the questionable bruising
00:18:20
on Anna Jane's head prompted police to investigate her death further Anna Jane's sister-in-law hadn't noticed
00:18:28
the bruise when the pair walked their dogs nor had a friend who met with her for lunch on the day she died
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however the dislike for Henry Keough was shared by a majority of Anna Jane's close friends who deemed him to be
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secretive and a liar a former colleague of Henry's also described him as a snake oil salesman
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the general consensus was that there was something suspicious about Anna Jane's sudden death
00:18:59
these suspicions were shared by Dr Colin manok who had since conducted a second autopsy of Anna Jane's body
00:19:07
two days after she passed Dr manok noticed what appeared to be three small circular bruises developing just above
00:19:14
her left ankle with an adjacent bruise on the inner left leg as the days went by the bruises got
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darker and darker Dr manok placed his hand against Anna Jane's leg and realized that his three
00:19:31
fingers and thumb lined up with the bruises it dawned on him this wasn't just a random pattern
00:19:40
it was a handprint Dr manok was aware of an Infamous case that had occurred in England in the
00:19:49
early 20th century over a period of three years three otherwise healthy young women had
00:19:56
drowned in small bathtubs a forensic pathologist realized that all three women shared similar bruising
00:20:04
around their elbows he concluded they hadn't died by accident at all someone had likely pulled each woman up
00:20:13
by their legs causing their upper bodies to slide underwater the Sudden Rush of water into their
00:20:20
noses would have quickly rendered them unconscious with their killer then holding them under water until they
00:20:26
drowned at the time of their deaths all three women had been married to the same man
00:20:33
George Joseph Smith Smith's connection to which woman had gone unnoticed as he changed his name
00:20:42
and relocated often it was determined that he had killed his three wives to inherit their money
00:20:50
the case came to be known as the brides in the bath murders for Dr manok the similarities between
00:20:57
the brides in the bath case and the mysterious death of Anna Jane Chaney couldn't be ignored
00:21:08
on Tuesday March 22 four days after Anna Jane's death police took Henry Keough in
00:21:14
for questioning over four and a half hours they asked him about his relationship with Anna
00:21:20
Jane and the events leading up to her death Henry had initially told police that
00:21:26
when he left his house on Friday night and a Jane had been getting food out to feed her dog
00:21:33
this time he said she was running the bath he'd earlier said that when he came home
00:21:39
he checked the bedroom this time he said he never went into the bedroom there were other inconsistencies too
00:21:50
in his first statement Henry said he found Anna Jane lying on her right-hand side
00:21:56
but he told Anna Jane's mother that he found her lying on her back police questioned Henry's ex-wife Susan
00:22:05
she said Henry's affair with Anna Jane wasn't the first time he'd been unfaithful during their marriage
00:22:12
regardless she cared about him deeply and hoped he'd one day return to the family
00:22:19
Susan told police the two had maintained a friendship but hadn't been sexual since they first separated
00:22:26
nor had Henry spent the night at her home since when the police mentioned Henry's
00:22:33
engagement to Anna Jane Susan was shocked this was the first she'd heard about it
00:22:39
for investigators this raised the question if the two were still close friends why
00:22:47
had Henry kept this information a secret could it be because he never intended for the wedding to go ahead at all
00:22:56
police visited Henry at the McGill home where he was still living and asked for Anna Jane's Financial records
00:23:04
when asked who the beneficiary of Anna Jane's will was Henry responded I don't know
00:23:10
[Music] the records told a different story Henry was listed as both the executor
00:23:17
and Main beneficiary other than the thirty thousand dollars Anna Jane owed her father for the house
00:23:24
deposit the rest of her estate was to go to Henry the four hundred thousand dollar life
00:23:31
insurance policy she'd taken out prior to their overseas holiday was only the tip of the iceberg
00:23:38
in fact Anna Jane had a total of five life insurance policies with different providers all of which had been taken
00:23:46
out between February and April of 1993 just over a year before her death in total the policies were worth
00:23:56
1.125 million dollars on Wednesday March 23 police returned to the McGill property and advised Henry
00:24:08
they'd picked up on some discrepancies in his statements they knew he lied about Anna Jane's will
00:24:15
and insurance policies and now had reason to believe that her death was suspicious
00:24:22
they put their Theory to Henry bluntly they believed that Henry had invited Anna Jane out to the pub after finishing
00:24:29
work on Friday night with the intention of getting her drunk her plans to walk the dogs with her
00:24:36
sister-in-law had thrown an unexpected spanner in the works instead he'd waited until he returned
00:24:44
from his mother's house [Music] Henry's mother confirmed her son had visited on Friday night leaving around 9
00:24:53
20 P.M it was a five-minute drive back to Anna Jane's house Henry's call to the ambulance service
00:25:02
was placed at 9 32 pm although an exact time of death couldn't be established if Anna Jane was already
00:25:12
in the bath when Henry arrived home this gave him just under 10 minutes to grab her by the ankles and to lift her legs
00:25:19
up over her head forcing her head underwater until she lost consciousness [Music]
00:25:26
some of the First Responders at the scene felt that Henry was genuinely distressed
00:25:32
it was possible this was an Evidence of grief but a reaction to what he'd just done
00:25:39
the police told Henry that he was the only one with any motive to want Anna Jane dead
00:25:45
with no signs of a break-in or sexual assault everything pointed towards him Henry was taken aback
00:25:55
he rejected the police Theory saying it was Anna Jane who had invited him for drinks on Friday night not the other way
00:26:02
around any discrepancies in his statements were explained by a severe lack of sleep and
00:26:09
the stress of the situation Henry reluctantly permitted police to search the house
00:26:18
they double checked for any signs of forced entry or missing Goods to rule out the possibility that someone else
00:26:25
could have broken in and committed the crime there were none nor did the Neighbors
00:26:31
recall hearing any shouting or suspicious noises on the night I know Jane Chaney died
00:26:39
around 12 people had entered her bathroom this included paramedics police friends
00:26:45
and family no forensic samples had been collected and the bath water had been promptly
00:26:52
drained without any tests being conducted nothing had been done to protect the Integrity of the crime scene
00:27:01
in fact Henry himself had stayed home alone after everyone left that night cleaning and vacuuming the house
00:27:09
by the time it was deemed necessary a forensic search failed to uncover anything of note
00:27:17
regardless on Friday March 25 one week after energane had passed away her death was officially declared a major crime
00:27:28
her body was released to her family that same day on Wednesday March 30 Anna Jane was
00:27:36
prepared for her funeral wearing the wedding dress she'd been so excited to wear down the aisle
00:27:43
she was remembered as The Silver Thread that wove so many lives together local newspapers immediately began
00:27:56
reporting on the case making it no secret that police were now treating Anna Jane's death as a murder
00:28:03
her mother made a heartfelt play for anyone with information to come forward saying she was worried that other young
00:28:09
women could also be at risk when Belinda Morris not her real name read the news she sent a fax through to
00:28:18
the major crimes unit saying she had information that might be of interest Henry had told police he'd been faithful
00:28:26
to Anna Jane but according to Belinda this was just another in a long series of Lies
00:28:34
Belinda had met Henry Keough in late 1991 when they were both employed in separate branches of the State Bank
00:28:42
although he was in a relationship with Anna Jane at the time at no point did he mention this to Belinda
00:28:49
instead he asked her on a date and the two began seeing each other on and off in both the professional and personal
00:28:56
capacity Henry had even called Belinda while he was holidaying in Hong Kong with Anna
00:29:03
Jane although he told her he was traveling with a male friend [Music] things allegedly became physical between
00:29:12
the two in mid-1993 but they didn't consummate their relationship until December that year
00:29:19
Belinda took it upon herself to book romantic trips for her and Henry but each time he bailed at the last minute
00:29:26
with a different excuse [Music] it was in January of 1994 that Anna Jane's name came up at work for the
00:29:35
first time when Belinda asked Henry who she was he apparently responded an ex-girlfriend she phones me all the
00:29:45
time she's obsessed with me she is convinced she wants to marry me but I will never marry her
00:29:54
then on Valentine's Day in 1994 just one month before Anna Jane died Henry gave Belinda a rose and a card
00:30:04
Belinda asked if this meant that Henry was all hers he allegedly responded yes I'm yours and you're all mine
00:30:20
Belinda wasn't the only one who claimed to have been romantically involved with Henry during his relationship with Anna
00:30:27
Jane Monica Coleman not her real name meant Henry through work in 1991. their relationship went from
00:30:36
professional to personal and the two began meeting up socially in March 1992 a visibly upset Henry told
00:30:46
Monica that he needed to break up with his girlfriend Anna he loved her but she wanted to get
00:30:53
married and have children which was the last thing on Henry's mind Henry concluded he would try to end
00:31:00
things kindly by quote weaning Anna Jane off of him three months later Monica was out
00:31:09
shopping with friends when she ran into Henry and Anna Jane the following day Henry called Monica to
00:31:16
clarify that the two of them were now just friends from there moniker and Henry entered
00:31:23
what she described as an intense sexual relationship they would dine out together and have
00:31:30
sex up to six times a week Monica considered them to be a couple but certain things about Henry's
00:31:39
Behavior bothered her he wouldn't tell her exactly where he lived yet he'd never stay at Monica's
00:31:46
house later than 2 am he always made excuses as to why he had to leave and would bail on social events
00:31:54
on account of having to see his children he said he didn't want to make any commitments because he was still getting
00:32:01
over his breakup with Anna Jane Monaco eventually ended things with Henry in December of 1992.
00:32:12
they continued meeting up every now and then but had no further sexual contact Henry gave the impression he was still
00:32:20
single and told Monica that he hadn't been intimate with anyone else since their breakup
00:32:27
unbeknownst to Monica at this point he was engaged to Anna Jane Monica had lunch with Henry on
00:32:35
Valentine's Day of 1994. during which he allegedly said he wasn't seeing anyone in reality his wedding to Anna Jane was
00:32:46
just two months away convinced that Henry now had further motive to want his fiancee out of the
00:32:55
picture a full investigation was launched into the couple's finances when taking out life insurance standard
00:33:03
procedure dictates that an applicant must disclose any other policies they might have with other providers
00:33:11
despite Anna Jane having five insurance policies she hadn't disclosed this on any of her proposals
00:33:19
investigators soon realized this was because Anna Jane hadn't submitted the proposals at all
00:33:27
each proposal had been submitted by Henry KO complete with a forging of Anna Jane's signature
00:33:34
the couple shared a joint checking account Henry had also forged Anna Jane's signature to pay for the premiums as
00:33:43
well as to reinstate her pre-existing superannuation account on each policy Henry KO was listed as
00:33:52
the beneficiary foreign will be back shortly thank you for supporting us by listening to this
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your free 60-day trial that's shipstation.com promo code case File [Music] the circumstantial evidence against
00:37:25
Henry KO was damning but before placing any charges investigators needed more physical proof that Anna Jane hadn't
00:37:33
died from natural causes the toxicology results would still take some time but if Anna Jane had slipped
00:37:41
and Fallen unconscious into the bath forensic pathologist of Dr Colin manok believed that her brain would have
00:37:48
displayed signs of injury or bruising no such evidence had been visible Dr mannox submitted his final autopsy
00:37:58
report concluding that Anna Jane Chaney must have been conscious when she drowned
00:38:05
bruises differ greatly from Individual to individual some people show signs of bruising straight away While others take
00:38:12
days or even weeks therefore Dr manok couldn't say exactly when the bruises on Anna Jane's legs had
00:38:20
occurred given they'd become darker over the days she was being autopsied he was convinced
00:38:27
they'd happened within four hours of the time that she drowned by Saturday May 7 seven weeks had passed
00:38:37
since the young lawyer's death Henry KO was watching one of his daughters play basketball at a Suburban
00:38:44
Stadium suddenly two police officers approached and placed him under arrest on suspicion
00:38:51
of murdering Anna Jane Chaney in custody Henry was questioned as to whether he was aware of his fiancee's
00:39:00
numerous life insurance policies his answer to that was the same as every other question
00:39:06
no comment the following day Henry was charged with murder and refused to bail [Music]
00:39:16
the toxicology results from Anna Jane's autopsy were finalized in the following month
00:39:22
at the time of Anna Jane's death her blood alcohol had registered at around .08 percent
00:39:30
there had been no medication or illegal drugs in her system for Dr manok it was therefore highly
00:39:38
unlikely that Anna Jane had simply fallen asleep in the bath when a person's Airways are threatened
00:39:45
survival mechanisms kick in automatically they will typically begin coughing and
00:39:51
choking and be woken by a surge of adrenaline Dr manok didn't think Anna Jane was
00:39:57
intoxicated enough to cancel these reflexes out Henry Ko's trial commenced in February
00:40:09
1995 11 months after Anna Jane's death the prosecution's case was that Henry had been financially motivated to kill
00:40:18
his fiancee purely out of greed the falsification of her multiple life insurance policies served as proof of
00:40:27
premeditation the secret Affairs Henry had with two other women proved he wasn't serious
00:40:33
about his professed love for Anna Jane or his intention of marrying her with their wedding looming the
00:40:41
prosecution said that inheriting Anna Jane's estate would enable Henry to provide the ongoing financial support to
00:40:47
his ex-wife and children while enjoying his freedom the prosecution said there was no
00:40:56
evidence to support accidental death suicide or intervention from a stranger instead all fingers pointed to Murder by
00:41:06
Henry KO having returned home from visiting his mother finding Anna Jane in the bath
00:41:13
gave him the perfect opportunity to launch an attack given that Anna Jane loved and trusted
00:41:20
Henry she would have thought nothing of it when he entered the bathroom and reached out to touch her hence why there
00:41:26
was no sign of a struggle the prosecution clarified that it wasn't their role to prove exactly when or how
00:41:35
Henry had killed Anna Jane only that he had indeed committed the crime they acknowledged that the evidence
00:41:42
against Henry KO was mostly circumstantial but when all the factors were combined there was no room for
00:41:50
doubt that he had killed Anna Jane Chaney according to Henry when he found Anna Jane she had been sitting at the plug
00:41:59
end of the tub on the stand Dr Colin manoch presented his view that a person sitting in this
00:42:06
position could be easily immersed if someone grabbed their legs and folded them down towards their head
00:42:14
the shape of the bath meant the person's shoulders would be pushed to the bottom
00:42:18
of the tub trapping their arms and rendering them unable to struggle the flotation effect would make it easy
00:42:26
for the body to be pulled through the water with a sudden Rush of water going up the nose to cause rapid
00:42:32
unconsciousness for Dr manok the hand-like bruising on Anna Jane's legs supported this Theory
00:42:40
the bruise on her head also indicated it was possible that someone had held her down below the water while the lack of
00:42:47
brain injury indicated she must have been conscious when she drowned Dr manok's testimony was supported by
00:42:56
his colleague Dr Ross James however Dr James disagreed with one thing he explained that concussions don't show
00:43:06
up in an autopsy therefore he couldn't confirm that Anna Jane had been conscious when she went under the water
00:43:15
another pathologist testified for the prosecution that the evidence was also circumstantial that he didn't think the
00:43:22
answers lay in the forensics given Anna Jane's blood alcohol level he believed it was possible she could have
00:43:30
slipped and cracked her head on any number of the hard surfaces surrounding the tub
00:43:36
as for the theory that Anna Jane had been pulled underwater by her ankles he said
00:43:43
I think really one is limited only by one's imagination in thinking of what sort of thing might have created those
00:43:50
sorts of bruises the defense submitted that Anna Jane's death was nothing more than a tragic
00:44:02
accident and that elevating it to murder would be a quote terrible miscarriage of
00:44:07
Justice they argued that the bruises on Anna Jane's body could have been caused by
00:44:13
any number of things and at any time not only were forensic experts unable to conclusively exclude the possibility
00:44:22
that Anna Jane had died as the result of an accident their client also had a legitimate explanation for the life
00:44:29
insurance policies [Music] in a highly anticipated move Henry Keough took the stand in his own defense
00:44:39
he explained that as a side hustle he worked as an independent insurance agent for every insurance policy he sold he
00:44:48
received a commission from the relevant Insurance Company to keep his agency active he had to
00:44:54
continue putting business through [Music] in preparation for his inevitable retrenchment from the failing State Bank
00:45:02
Henry submitted policies in both his and Anna Jane's name not only did this keep his agency active
00:45:10
but the commissions he earned were larger than the premiums making it a win-win situation
00:45:17
although it wasn't legal this was common practice within the industry Henry claimed that Anna Jane was fully
00:45:26
aware of this game and agreed to go along with it provided she didn't have to do the paperwork or undergo any
00:45:32
medical testing Henry said he never had any intention of claiming payouts on any of the policies
00:45:43
if that was the case the prosecution questioned why he had withhold this information from the police when they
00:45:49
first inquired about Anna Jane's financial affairs and why had Henry told Anna Jane's
00:45:56
father he didn't know if she had any insurance furthermore if Anna Jane knew about the
00:46:04
policies why did she only ever tell her friends and family about the one for four hundred thousand dollars
00:46:11
Henry explained he'd still been in a State of Shock and confusion at the time the defense attempted to exclude
00:46:21
testimony from Belinda Morris and Monica Coleman the two women Henry was alleged
00:46:26
to have had affairs with on the grounds that it didn't provide any genuine insight into his relationship with Anna
00:46:33
Jane the judge disagreed and both women took the stand to provide the court with
00:46:40
details about their relationship with the accused Henry fully admitted to his relationship
00:46:47
with Monica but explained that it had taken place during a period of 1992 where he and Anna Jane had been taking a
00:46:55
break although he also acknowledged that the two relationships did overlap for a
00:47:01
period of time as for the relationship with Belinda Henry admitted that Sue had been friends
00:47:09
but he strongly denied that they'd ever been romantically or sexually involved knowing that Belinda had never had a
00:47:17
serious boyfriend before Henry believed she was confused about the attention he gave her
00:47:24
he admitted to calling Belinda while he was in Hong Kong with Anna Jane but explained this was purely business
00:47:30
related foreign to the prosecution's claim that the relationship between Belinda and Henry
00:47:38
intensified while Anna Jane was busy planning for the wedding the defense argued that Belinda had become obsessed
00:47:44
with Henry and created a fantasy in the last few years Belinda had lodged 30 sexual harassment claims against 21
00:47:54
of her male co-workers as well as one female due to the stress it caused she was
00:48:01
placed under psychiatric care and eventually given leave from the bank the defense suggested that Belinda was
00:48:09
just an infatuated woman with psychiatric issues who had misread a platonic friendship
00:48:16
a claim she strongly denied in an attempt to prove that the two had never had sex the defense asked Belinda
00:48:26
whether Henry was circumcised she said that he was in a bizarre move a photo of Henry's
00:48:35
erect penis was submitted into evidence the photo confirmed that he was in fact not circumcised
00:48:43
[Music] after all the evidence was presented the judge reiterated to the jury that the
00:48:53
highly circumstantial nature of this case meant they had to take extra care when reaching their verdict
00:49:00
it all came down to Reasonable Doubt it wasn't enough for the jury to think that murder might have taken place or
00:49:09
had probably taken place they could only find Henry Keough guilty of murdering Anna Jane if they couldn't
00:49:16
find any other reasonable hypothesis as to how she died regarding the insurance policies the
00:49:25
judge told the jury it is a matter for you to decide as to how much Anna knew about these policies
00:49:32
and when if you are satisfied Beyond reasonable doubt that she did not appreciate the
00:49:38
complete picture you are entitled to ask why if there is a reasonable possibility
00:49:45
that she knew details such as how much her life was insured for than the Crown case on motive is significantly reduced
00:49:54
as for the testimonies from Belinda and Monica the judge urged that this evidence must only be considered in
00:50:01
connection to Henry's relationship with Anna Jane rather than as a smear on his character
00:50:07
[Music] the jury retired to consider its verdict unable to reach a unanimous decision
00:50:16
they were sequestered overnight to reconvene the next morning but by midday the next day they remained
00:50:24
completely deadlocked there would be no verdict the jury was hung the case was ordered to be retried the
00:50:33
following week [Music] by this point the story had been so widely reported on in the presumption of
00:50:42
Henry Keough being found guilty that his lawyer argued the case should be thrown
00:50:47
out entirely in his view there was very little chance of finding an unbiased to jury
00:50:55
the judge rejected this but attempted to rectify the issue by postponing the retrial
00:51:03
the second trial went ahead four months later in August 1995. the evidence and Witnesses were mostly
00:51:12
the same but the presentation was streamlined thanks to a joint agreement by both parties
00:51:18
Dr Colin manarch had retired just days before the proceedings but he returned to give evidence
00:51:26
this time a bathtub similar to the one in Anna Jane's home was brought into the court
00:51:33
Dr menar can help beside it and gave a physical demonstration of his theory as to how Anna Jane could have been gripped
00:51:40
by the leg and held underwater he said that all bruises on her body had been caused close to the time of death
00:51:49
once again Dr Ross James supported his colleagues Theory a new professor of forensic pathology
00:51:58
was called as an expert witness for the defense given that the age of the bruises on
00:52:05
Anna Jane's legs couldn't be conclusively ascertained he had trouble accepting they were caused by a hand
00:52:11
grip the professor said he couldn't exclude the possibility that Anna Jane had died
00:52:18
as the result of an accident including a slip and fall that rendered her unconscious
00:52:25
in summing up the evidence the judge reminded the jury you cannot return a verdict of guilty
00:52:32
unless the circumstances are such as to be inconsistent with any reasonable hypothesis other than that the accused
00:52:40
is guilty this time it took the jury just five and a half hours to reach a unanimous
00:52:47
verdict guilty sentencing took place the following year in February Anna Jane's parents were fiercely
00:52:59
private during both trials and had not attended at any point except to give evidence
00:53:06
they provided a confidential Victim Impact statement to the judge who said it was impossible to describe the
00:53:12
suffering that the Chaney family had experienced the judge said that while Anna Jane
00:53:19
might have had some knowledge of the insurance policies she had no idea of their extent
00:53:25
Henry's failure to disclose these policies at the start of the investigation was proof of this
00:53:32
the judge concluded when the facts are considered in this light they reveal an elaborate and
00:53:39
coldly planned scheme to kill Miss Cheney and profit from her death at a time when she was deeply in love with
00:53:45
you and excitedly preparing to marry you he sentenced Henry KO to 25 years in prison one of the highest sentences
00:53:55
handed down in South Australia Henry's lawyers immediately filed for an appeal since the early stages of the
00:54:10
investigation the case had been reported on extensively with the media calling Anna Jane's death a murder and referring
00:54:17
to her as a victim without using cautionary words like alleged articles had also gone to print in
00:54:25
anticipation of a guilty verdict being handed down and therefore contained considerable comment about Henry in that
00:54:32
vein given that this broke the journalistic rules about reporting fairly and accurately without comment Henry's
00:54:41
lawyers argued there had been unfair prejudicial coverage of the trial they also stated that the evidence
00:54:48
provided by Belinda Morris and Monica Coleman should have been inadmissible the appeal was swiftly rejected
00:54:59
from prison Henry KO maintained his innocence he focused on Fitness and read books to
00:55:06
keep his mind busy recognizing the challenges faced by his fellow inmates helped prevent him from falling into a
00:55:13
trap of self-pity visits from his daughters sustained him but these became less frequent as Henry
00:55:21
was transferred between different Regional prisons [Music] Henry's ten-year-old daughter encouraged
00:55:28
him to stay positive she wrote him a letter that said I am trying to be brave just for you and
00:55:36
I will hope for the best in the future if you ever don't feel happy do what I do I think of you so you think of me and
00:55:46
we will both be happy all of the time in addition to the ongoing support of his family Henry's case had attracted a
00:55:57
growing number of supporters from the academic Community as well as concerned citizens
00:56:03
they believed he had been served a severe miscarriage of justice and not just because the case relied so heavily
00:56:10
on circumstantial evidence firstly there was the question of why Anna Jane's body had been cremated
00:56:17
before her death had even been officially registered secondly Henry had been charged with
00:56:24
murder before the toxicology results had even been confirmed thirdly some were dubious whether the
00:56:31
proposed murder scenario was even physically possible but at the heart of it all lay a much
00:56:38
bigger question between October 1992 and July 1993 three unrelated babies died under suspicious
00:56:50
circumstances in Adelaide they were presented to Medics with the various injuries including skull
00:56:57
fractures bruises wounds and multiple broken bones police officers paramedics and
00:57:05
pediatricians attached to each case believed the infants showed glaring signs of severe abuse
00:57:12
they anticipated laying homicide charges against some of the parents autopsies were ordered yet a pathologist
00:57:21
that determined that all three babies had died of an inflammation of the lungs called Broncho pneumonia
00:57:29
they were each recorded to have died by natural causes authorities were incredulous
00:57:38
the post-mortems were supposed to open lines of Investigation but had instead closed them
00:57:45
they requested that a coronial inquest be held to determine the true causes of death
00:57:51
[Music] bolstering their belief that the diagnoses were grossly inadequate was the fact that the same pathologist had
00:57:59
conducted each post-mortem Dr Colin manok [Music] the inquest revealed that Dr menarch had
00:58:08
taken minimal tissue and organ samples to arrive at an accurate cause of death his reports were noted as lacking detail
00:58:18
the corona concluded that there was no evidence of Broncho pneumonia in two of the infants and only minor traces in one
00:58:27
even if science had been present there was no forensic evidence to indicate such a condition would have caused death
00:58:36
in one case Dr manarch had interpreted a scar on one of the baby's bottoms to be
00:58:42
nappy rash it was presented that this could have actually been a cigarette burn the injuries on another of the infants
00:58:51
was described as being akin to those of an adult motor accident victim case File will be back shortly thank you
00:59:10
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deliver quality content the inquest into the baby's deaths also revealed that in the late 1970s Dr manok
01:02:29
had taken his employer to court after an attempt had been made to demote him from
01:02:33
the position of director of forensic science it was alleged that his co-workers had
01:02:40
become increasingly concerned that Dr Manar collect the specialist skills required to perform his job
01:02:48
while he had completed a medical degree in the United Kingdom he'd never completed the five years of
01:02:54
histopathology study required of a senior pathologist this entailed the microscopic
01:03:00
examination of human cells and tissues for the presence of disease and was essential in certifying causes of death
01:03:09
in lieu of this qualification Dr manok simply completed a 20-minute oral exam in court Dr menock's immediate Superior
01:03:20
admitted to knowing that Dr manok wasn't adequately qualified for his role he'd hired him due to lack of viable
01:03:28
options regardless Dr manok won his Industrial Court case and his position was upheld
01:03:37
this meant it was his job to certify cause of death for such major clients as the state police coroner's office and
01:03:45
the director of public prosecutions until his retirement almost 20 years later the evidence regarding the three babies
01:03:54
had been given several months before Henry keough's murder trial yet the findings weren't publicly disclosed
01:04:01
until two days after Henry's conviction this was a deliberate move by the coroner
01:04:08
he was concerned that publishing the results while the trial was underway would result in a mistrial
01:04:16
but for Henry Ko's supporters it raised the question if Dr manok's findings in the three
01:04:23
infant cases were found to be flawed why was he able to testify as a major witness in the Anna Jane Chaney case at
01:04:30
all Professor Tony Thomas had been the pathologist tasked with reviewing Dr manok's autopsies of the three babies as
01:04:41
part of the colonial inquest at the request of one of Henry Ko's supporters he agreed to review Anna Jane
01:04:48
Chaney's case the fundamental duty of a pathologist is to consider all logical possibilities of
01:04:56
a cause of death however at Henry's committal hearing Dr manarch had blatantly stated
01:05:04
I was at no time looking or thinking that the death was accidental because I could find no explanation as to why she
01:05:11
would drown the prosecution had argued there was no other explanation for her death other
01:05:18
than murder but from Professor Thomas's experience he didn't think it was all that unusual for an otherwise healthy
01:05:25
young woman to die an unexplained death Professor Thomas discovered that Dr manok didn't request Anna Jane's medical
01:05:35
records he didn't send her heart or brain to be examined by Specialists who could rule
01:05:41
out whether Anna Jane had any defects that could help explain her sudden death nor did he take samples from her liver
01:05:49
pancreas or pelvis the tissue samples he did take were declared woefully inadequate
01:05:57
he'd submitted just one sample of heart tissue whereas a specialist would have expected around 350 tissues From The
01:06:06
Heart Alone weighing and measuring the body and organs of a deceased is considered
01:06:12
standard practice during an autopsy Dr manarch hadn't reported any of these things
01:06:20
Pathologists are required to document in writing all of their observations and findings which must then be checked and
01:06:27
initialed by an independent Observer Dr manarch didn't do this it was also standard practice that color
01:06:36
photographs be taken during an autopsy showing the procedure as well as the deceased's full body and full face
01:06:45
neither Dr manok nor any other forensic investigator had done this the only photos that existed from the
01:06:53
autopsy were 22 black and white images of Anna Jane's legs and torso the most damning forensic evidence in
01:07:02
Anna Jane Chaney's case were the subtle bruises on her left leg that purportedly
01:07:07
supported the grip Theory when a bruise is microscopically examined red blood cells can be seen in
01:07:15
the surrounding tissue at Henry Ko's trial Dr manok had testified to confirming the existence of
01:07:22
the bruise under microscope Professor Thomas obtained the tissue samples from The crucial bruise on the
01:07:30
inside of Anna Jane's leg that was said to have been caused by a thumbprint he placed the slide under the microscope
01:07:39
he saw nothing there was no scientific evidence that this was a bruise at all and if there was no bruise there was no
01:07:49
evidence of the grip that allegedly proved Henry Keough had murdered Anna Jane Chaney
01:07:56
foreign [Music] is a legal academic and researcher who in the 1990s worked for the Flinders
01:08:07
University miscarriages of Justice project five years after Henry keough's murder
01:08:14
conviction he started looking into the case with help from other supporters Dr moles
01:08:21
noticed that in addition to Professor Thomas's findings there were several aspects that raised some serious red
01:08:28
flags to bolster the so-called grip Theory at Henry's second trial the prosecution
01:08:35
introduced a photograph of the inner side of Anna Jane's left leg to the naked eye the so-called thumb
01:08:43
bruise was virtually non-existent at the judge's request Dr manok had circled it with a red marker
01:08:52
the problem with this was that he essentially directed The Jury to see what Dr manok believed he'd seen
01:08:59
[Music] tissue samples weren't available for the other marks that were thought to be
01:09:05
bruises on Anna Jane's leg if they were in fact bruises there was no evidence that she had them before she
01:09:13
got into the bath but the opposite was also true as nobody had seen Anna Jane's legs that
01:09:20
day no one could say that she didn't already have them in both trials Dr manok testified that
01:09:29
Anna Jane's aorta showed evidence of burst blood cells in what's known as hemolytic staining
01:09:36
he called this a classic sign of freshwater drowning a conclusion he'd reached by referring to a pathologist's
01:09:43
handbook issued in 1968. however in more recent editions of this handbook such reference had since been
01:09:52
removed after it was determined that hemolytic staining could be caused by other processes including natural
01:09:58
decomposition therefore it couldn't necessarily be attributed to what Dr manok had
01:10:06
testified was a classic sign of freshwater drowning Henry's supporters looked into some
01:10:13
other murder cases where Dr manok provided evidence and denoted several other instances of flawed or
01:10:19
questionable practices in one case he'd performed an autopsy on an indigenous male Outdoors on the
01:10:27
street in full view of the public much to the horror of onlookers [Music] a professor of anatomy at the University
01:10:37
of Adelaide dispelled Dr manok's drowning Theory entirely saying his views were inconsistent with the
01:10:44
disciplines of anatomy and biomechanics Dr manok had described the proposed drowning scenario as relatively easy
01:10:54
however the anatomy professor said that the power of the extensor muscles in energane's legs would have been greater
01:11:01
than the power that Henry Keough could exert through grabbing onto her calves in 2001 a team of Henry supporters
01:11:11
gained permission from the new owners of Anna Jane's house to conduct a reenactment of the murder scenario
01:11:17
proposed by Dr Colin manok they hired a model with similar proportions to Anna Jane and using a
01:11:26
nail of similar proportions to Henry they attempted all possible combinations of hand grips and positioning
01:11:34
in every case the model was able to fight back to prevent her head from being held underwater
01:11:41
sitting at the plug end it wasn't even possible to pull her legs up fully overhead
01:11:47
a wall at the end of the bath prevented the acting perpetrator from gripping the
01:11:52
model's legs in the manner Dr manarch had described even if her head had gone underwater her
01:11:59
arms would have been free to grab the taps or edges of the tub or fight against her attacker leaving visible
01:12:05
injuries on both of them photographs of the reenactment and statements discrediting Dr manok's
01:12:14
theories were published in the Sunday Mail newspaper leading to public outrage The Cheney family complained to the
01:12:22
Press Council and to Dr manok sued the paper for defamation by this point Henry Ko's supporters were
01:12:31
stalwart their mission wasn't to prove that Henry was innocent but that he'd received an
01:12:37
unfair trial that had resulted in a miscarriage of Justice undeterred by any criticism
01:12:44
investigative journalist to Graham Archer joined the Crusade and started covering the story extensively for
01:12:51
Channel 7's current affairs show today tonight he would later report his detailed
01:12:57
findings in a comprehensive award-winning book titled unmaking A murder other major Publications and TV shows
01:13:06
started exposing the allegations against Dr manok putting ongoing pressure on South Australian politicians to act
01:13:18
a specially established Medical Board agreed to review Dr manok's autopsy findings of the Anna Jane Cheney case
01:13:25
independent of any other complaints against the pathologist appearing before the board Dr manok
01:13:32
conceded that the tissue samples of the so-called Brews on Anna Jane's leg had improved it was in fact a bruise
01:13:40
he admitted to being aware that hemolytic staining was no longer a medically recognized sign of freshwater
01:13:47
drowning but stood by his diagnosis regardless all four panelists unanimously found
01:13:55
that Dr manok's autopsy had been incompetent yet they concluded there was no unprofessional conduct on Dr manok's
01:14:03
behalf at Henry keough's trial Dr manok's colleague Dr Ross James had also given
01:14:11
testimony in support of manok's findings his evidence had been completely reliant
01:14:17
on menok's post-mortem report at no point had Dr James examined Anna Jane's body himself
01:14:25
regardless he'd supported his colleagues Theory entirely agreeing that the bruise
01:14:30
on Anna Jane's left leg was caused by fingers at the tribunal hearing Dr James admitted that he'd examined the tissue
01:14:40
samples taken from Anna Jane's leg and found no evidence to indicate that there was a bruise
01:14:47
when asked why he didn't explain that to the jury Dr James responded I didn't think it was particularly
01:14:55
relevant the medical board ultimately found that Dr James was guilty of unprofessional
01:15:03
conduct by failing to disclose relevant information to the court in 2011 the case was featured in an
01:15:13
episode of Australia's leading current affairs program 60 Minutes it wasn't the first time a high-profile
01:15:21
television show had questioned Henry keough's guilt but it was the first time that Dr Colin manok made an appearance
01:15:29
speaking about the case of the three dead babies Dr manok admitted that he'd gotten one of the slides mixed up
01:15:37
presenter Carl stefanovic called it a gross error manok responded casually it is an unfortunate error but one which
01:15:47
can be made when things are hectic Dr manok conceded that the supposed bruises on Anna Jane Chinese legs could
01:15:57
have been up to four days old stefanovic asked manok what evidence there was that Henry Keough had killed
01:16:04
his fiancee manok responded the evidence is the cause of death was drowning a bewildered stefanovic said
01:16:16
that's drowning that's not murder to which Dr manok replied that's right the evidence is there was large amounts
01:16:25
of life insurance on her stefanovic pointed out that's motive it's only motive if
01:16:34
there's been a murder [Music] stefanovic said it would take a brave attorney to reopen Henry keough's case
01:16:42
given that testimony from Dr manarch had been given in over 400 South Australian
01:16:47
convictions he said lifting the lid on Dr manok's forensic career could open a Pandora's
01:16:54
Box stefanovic asked Dr manok if he was worried that a review of Henry keough's case would lead to all of his cases
01:17:03
being reviewed laughing Dr manok answered I really don't know I'm too old to worry like that
01:17:17
in South Australia a convicted criminal can only Lodge one application to the court of appeal
01:17:24
once Henry's appeal was rejected his best bet was to file a petition for Mercy to the governor of South Australia
01:17:32
if successful his case could then be referred back to the appeal court over the years Henry's legal team lodged
01:17:41
three petitions outlining the flawed evidence in Dr manok's autopsy and subsequent testimony
01:17:48
each play was rejected the solicitor general admitted there were minor issues with the forensic
01:17:55
details but concluded that this didn't cancel out the fact that Henry Keough had forged energen Cheney's signature on
01:18:03
over one million dollars of life insurance of which he was the sole beneficiary after the third rejection a spokesperson
01:18:12
said the people of South Australia can be comforted in the knowledge that a two and a half year exhaustive examination
01:18:20
has concluded that there is no doubt as to the guilt of Henry Keough Henry's legal team eventually submitted
01:18:29
a fourth petition against Henry's conviction it was a Monumental undertaking with
01:18:35
four books worth of information making it the most dense submission yet the submission argued that Henry's case
01:18:43
be Revisited on the fact that quote the prosecution as it was presented at trial no longer exists
01:18:52
every feature of that case has either been withdrawn in some instances totally altered and in other instances
01:18:59
completely demolished in 2013 new laws were passed in South Australia that allowed for prisoners to
01:19:09
appeal again if they had fresh and compelling evidence Henry appointed a new legal team who
01:19:16
managed to uncover a report that had been sitting on the government shelves for nine years
01:19:24
when Henry Keough had submitted his third petition for mercy in 2004 the solicitor general ordered a
01:19:31
government-appointed forensic expert to conduct an independent review the job went to Professor Barry Vernon
01:19:39
Roberts in his 16-page report he concluded there was no pathology to support the
01:19:46
hypothesis that Anna Jane Cheney had drowned as a result of someone gripping her lower legs to force her underwater
01:19:54
Vernon Roberts believed Anna Jane had more likely passed out from some kind of cardiac episode knocked her head on the
01:20:02
bathtub and then drowned while unconscious he found no evidence of Foul Play despite the government having this
01:20:13
information from their own expert witness they had concluded that no miscarriage of Justice had been served
01:20:20
against Henry KO with this report and all the other information that had come to light since
01:20:27
his conviction Henry Keough lodged an application to appeal this time his request was granted
01:20:35
[Music] the appeal hearing went ahead in December 2014 during which all the New Evidence was presented
01:20:44
it was also put forward that swelling on Anna Jane's face at the time of her death could have indicated an allergic
01:20:51
reaction caused by an antihistamine she'd been prescribed in the past one forensic expert said it was possible
01:20:59
that the bruises on Anna Jane's head could have actually been caused during the autopsy
01:21:06
the court of appeal ultimately found that Dr menok's evidence was flawed and the verdict was therefore unsafe
01:21:15
the Judgment said there is nothing in the autopsy findings to exclude the probability that Miss
01:21:21
Cheney's death was a drowning in the bath following a fall and a head injury which rendered her unconscious
01:21:29
a number of Highly significant observations and opinions of Dr manok materially misled the prosecution the
01:21:36
defense the trial judge and the jury in these circumstances there has been a substantial miscarriage of Justice
01:21:45
[Music] Henry keough's conviction was overturned and he was released on bail after two
01:21:53
decades Behind Bars however this wasn't an acquittal he would still have to face trial for a
01:22:00
third time Henry left the courthouse with these now adult daughters by his side Applause arose from the crowd of his
01:22:10
supporters who gathered outside foreign 's third trial was scheduled for March 2016. this time before a judge alone
01:22:25
as the Director of public prosecutions began preparing for the retrial it emerged that a key witness had become
01:22:32
ill and wouldn't be available to give evidence without their testimony and cross-examination the DPP concluded that
01:22:40
it wasn't appropriate to proceed the witness was none other than Dr Colin manarch
01:22:49
on November 13 2015 the DPP held a hearing to formally declare a Nolly prosequi meaning the murder charge
01:22:58
against Henry KO was being dropped Henry wasn't present for the hearing but outside Court his brother told reporters
01:23:08
today my brother walks effectively free after 21 years in prison 21 years an innocent man for a crime he
01:23:17
didn't do for a crime that sadly never occurred Henry will be taking some time to
01:23:25
restructure his life and try to recapture those 21 years that he's lost a lawyer read a statement on Henry's
01:23:34
behalf that said I now look forward to trying to make up for all those Lost Years with my family
01:23:41
and friends I want to State very clearly that I loved my fiance Anna Jane and absolutely
01:23:48
deny having anything to do with her death this was and still is a terrible tragedy
01:23:55
for Anna Jane her family and me The Cheney family weren't present for the hearing and they requested the media
01:24:05
respect to their privacy later speaking to channel 7 Henry Keough said he was making no immediate plans
01:24:13
for the future given that he'd been disappointed by the legal system too many times already
01:24:19
he remained a person of interest in Anna Jane Chinese death and could still be charged at any time
01:24:27
Henry said the fact that the ray trial wouldn't be going ahead was good enough for him stating
01:24:34
I have my Liberty I know the truth those that love me and support me know the truth
01:24:41
and that's enough to avoid having to face any civil action the state government awarded Henry
01:24:49
Keough an ex-gracia payment of two and a half million dollars while being significantly less than the
01:24:57
six million dollars Henry sought he ultimately accepted the offer the decision to compensate him caused
01:25:04
the stir among politicians and the public who remained divided in their view of Henry Ko's innocence
01:25:12
the payout was disputed in a parliamentary inquiry during which lawyers for the Cheney family said
01:25:20
the family was shocked and appalled that this government saw fit to pay any money
01:25:25
let alone what they regard as an obscene sum to a man who they regard as the person that murdered their daughter and
01:25:33
their sibling Henry argued that the smaller figure wasn't enough to make up for everything
01:25:40
that he lost saying more than seven thousand sunrises and sunsets that I never saw
01:25:48
can you sit here today and even contemplate the everyday Joys and happiness that you take for granted that
01:25:54
I missed out on the marriage of children the birth of grandchildren my own advancement in the
01:26:00
workplace I believe I'm out of debt for this nightmare as is my family as is Anna
01:26:07
Jane who deserves better to be falsely remembered as the woman killed by the man she loved and The Men Who Loved Her
01:26:16
you've called this inquiry to ask why I was given an ex-grashia payment I ask why not
01:26:23
what price would you put on 20 years of your life if that had been stolen from you
01:26:35
in a channel 7 interview in 2018 Henry said one of the true tragedies of the whole ordeal was that the autopsy was so
01:26:44
flawed that the truth about how Anna Jane died will never be known speaking about his experience he said
01:26:54
I've never considered myself a victim and I didn't want to bang on about poor me that just gets totally boring and
01:27:02
doesn't serve anybody Henry said he no longer placed importance on being acquitted as long as
01:27:09
he had his freedom and Liberties he didn't want to waste more of his time in court
01:27:15
one of his daughters said it doesn't really matter to me if people think he's guilty or not this isn't even
01:27:22
about clearing his name it's about the biggest story about the system that needs to change
01:27:31
Henry KO now spends his days making up for lost time with his daughters and grandchildren
01:27:37
he refuses to hold on to any bitterness or resentment alongside other Iraq's inmates Henry
01:27:45
works for an organization that provides support for individuals once they're released from prison
01:27:51
their aim is to break the cycle that sees so many inmates going in and out of jail
01:27:57
in 2020 Henry told the advertiser I don't judge people I didn't want to be judged and I certainly wasn't going to
01:28:07
start pointing the finger at anybody I firmly believe all of us are more than whatever has happened to us or the sum
01:28:15
of the worst things we have done over the years numerous requests have been made for an inquiry into the cases
01:28:24
where Dr Colin manok's evidence helped secure a conviction the likeliness of this going ahead seems
01:28:32
minimal Not only would this be a mammoth undertaking in terms of resources and costs some believe that Henry Ko's large
01:28:41
compensation payout is another deterrent if an inquiry led to other convictions being quashed the government could be
01:28:49
liable for millions of dollars in payouts [Music] Dr Robert moles was one of Henry Ko's
01:28:58
constant supporters he runs a website dedicated to the case and other potential miscarriages of
01:29:04
Justice called networked knowledge speaking of Anna Jane Chinese death Dr moles said
01:29:14
maybe no one knows what really happened on that Dreadful night we can make an educated guess just as
01:29:21
the jury was invited to do when we make such a guess we do so based on the information that we have at the
01:29:28
time combined with our more General views of human nature and Society such judgments may be better or worse
01:29:37
than others but we can never really know what happened The Cheney family are as fiercely
01:29:46
private about the case today as they were in 1994. despite the flawed forensics they still
01:29:54
believe there is enough circumstantial evidence against Henry KO to Warrant a retrial
01:30:01
the cheneys were never consulted about the nollie prosequy a statement released by their lawyer in
01:30:09
2018 said a retrial was their only hope for closure it's a case that continues to divide the
01:30:18
public some call it one of the biggest miscarriages of Justice Australia has ever seen While others think a guilty
01:30:26
man walks free a statement made by one of Anna Jane's friends in 1995 highlights an important
01:30:34
point to remember as the debate continues she said I think it is fitting that Anna Jane be
01:30:42
remembered for the beautiful person she was not just as the body in the bath [Music]
01:31:16
in 2004 Olivia Newton-John and her handsome cameraman boyfriend seemed to be madly in love with each other but
01:31:24
less than a year later this seemingly besotted couple had split and then quite suddenly Patrick McDermott vanished his
01:31:34
disappearance was so sudden so total and so mysterious that some people think he
01:31:41
faked his own death so here's a guy that's poor okay that's hurting those back child support and I believe that
01:31:50
the pressures of that and the pressures of oh my God I'm gonna have to go to jail and my son's gonna have to see me
01:31:57
in jail and I think it was just too much for him months after he vanished alleged
01:32:03
sightings began apparently McDermott was in Mexico and I was sitting there at the bar
01:32:09
having adult beverages and this guy was walking around going table to table with
01:32:14
like an artist rendering of an image of Patrick and he came to our table and he goes do you recognize this person I go
01:32:22
you know what I think he's staying at my surf camp in season one of suicide we brought you nine different stories of
01:32:29
death Road Through the Ages now in season two we're investigating The Disappearance of one man Patrick
01:32:36
McDermott so I'm interested to give you a question too because you said that you
01:32:42
were doing an article there or journalism piece on people who had faked their death like do you really think
01:32:50
that Patrick McDermott faked his death join me poppy Damon and me Alice finds as we unravel the mystery week by week
01:32:58
in suicide only on Spotify you're like where is he and that's horrible for somebody that that you know you cared
01:33:07
about where is he that suicide beginning with a p only on Spotify