Tasmanian Times

The individual has always had to struggle to keep from being overwhelmed by the tribe. If you try it, you will be lonely often, and sometimes frightened. No price is too high for the privilege of owning yourself. ~ Friedrich Nietzsche

The individual has always had to struggle to keep from being overwhelmed by the tribe. If you try it, you will be lonely often, and sometimes frightened. No price is too high for the privilege of owning yourself. ~ Friedrich Nietzsche

History

Sue Neill-Fraser: Two views of her guilt

image
Behind the wire: Sue Neill-Fraser. Image Supplied

Andrew L. Urban:

In what acclaimed legal expert Dr Bob Moles describes (60 Minutes, 9 Network, Sunday, August 24, 2014) as the worst miscarriage of justice in 40 years, the 2010 murder conviction of Sue Neill-Fraser has now been fatally and forensically undermined with the latest report from the Victorian Police Forensic Services Department.

[ The Neill-Fraser case: In 2010, Sue Neill-Fraser was tried and convicted of the 2009 Australia Day murder of her partner Bob Chappell on board their yacht, Four Winds, anchored in Sandy Bay, Hobart. Chappell’s body has never been found, no murder weapon was produced at her trial, there were no eyewitnesses and there is no forensic evidence linking Neill-Fraser to the murder. ]

As explosive and far reaching as the finding of the legendary matinee jacket in the Lindy Chamberlain case 28 years ago, the DNA report confirms that a person other than the accused was present at the crime scene. (The accidental discovery of baby Azaria Chamberlain’s matinee jacket near a dingo lair well after Lindy had been tried, convicted and jailed, led within five days to her release from prison, as it was evidence supporting a key element of her defence.)

In Ms Neill-Fraser’s case, the investigating police and the DPP during the trial, as well as the subsequent appeal judges, all dismissed the DNA sample found on the yacht and its provenance, as being of no consequence, “a red herring” said the DPP, Mr Tim Ellis, since it was probably transferred on the shoe of a policeman, he suggested to the jury. He told the High Court that “The core evidence was … she [the homeless girl] was not on the boat” – and the High Court refused leave to appeal on that basis.

The DNA of a then homeless 16 year-old girl found on Four Winds on January 30, 2009, is now confirmed by Victorian Police Forensic Services Department to be of primary transfer in nature, contradicting the evidence she gave at trial saying she had never been on the boat. (Ms Neill-Fraser’s lawyer was unable to access the necessary materials to have new independent DNA tests carried out until the Coroner’s report was handed down early in 2014.)

This report contradicts the prosecution’s argument on the matter, it contradicts the Court of Criminal Appeal’s reasoning for refusing to uphold this ground of appeal, and it contradicts the High Court’s view that the matter was not on a substantial point.

Taken together with a litany of serious legal and other forensic errors at trial, this represents a catastrophic failure of the justice system, and if such an error is not urgently addressed, democracy itself suffers through the erosion of public confidence in what is one of the main pillars of our democratic system – a safe, reliable, self-correcting criminal justice process.

Referring to the new DNA report, Ms Neill-Fraser’s lawyer for the past two years, Ms Barbara Etter APM, says: “The conclusion has to be drawn that the DNA was deposited directly onto the deck of the yacht by the homeless girl. Given the girl’s constant denials about ever having been on the boat, this development presents a rational or reasonable alternative hypothesis which has not been excluded as to what may have happened to Bob Chappell on Australia Day 2009”.

In his closing (CT pp.1428 – 1461) defence counsel Mr Gunson SC repeatedly mentioned the Meaghan Vass DNA. He argued that transference was not credible and that the homeless girl was on board. It therefore followed logically that she could not be excluded as a rational hypothesis.

In the Appeal Court, Mr Gunson (at p93) again stressed the implications of the DNA: “To say that it’s completely speculative is just not open in my respectful submission. It’s quite the opposite, you’ve got a person whose DNA is there about whom there is evidence that she’s lied to the Court or may well have lied to the Court about her whereabouts on that night. It went not just to the possibility of an alternative suspect, it also went to the issue of whether or not this boat had been the subject of unlawful interference at earlier or later stages, because that was part of the appellant’s defence.

Andrew L. Urban has been a professional journalist for over 30 years and is currently publisher & editor of online publications pursuedemocracy.com and urbancinefile.com.au He has contributed over 2,000 freelance articles to mainstream media including The Australian, Sydney Morning Herald, Sun Herald, The Bulletin and many others.

Ben Lohberger:

The evidence at Susan Neill-Fraser’s trial speaks for itself.

While the original trial transcript is not available publicly, the Court of Criminal Appeal has published a transcript of its decision to throw out her appeal, and it makes for sobering reading (Court of Criminal Appeals decision. Read for yourself, here )

Ms Neill-Fraser lied repeatedly about her whereabouts on the night of the murder. She lied about the deteriorating state of her relationship with Bob Chappell. She lied (to the first police officer she met) about criminals using the yacht for drug-smuggling, before it was even known that Bob Chappell was missing. She lied about her clothing on the night of the murder. She lied about injuries to her hand and wrist that occurred on the day of the murder. She lied about the reason Bob Chappell remained on the yacht on the day of the murder. She lied about leaving the dinghy tied up on the day of the murder. She lied about Bob Chappell’s ability to use the dinghy. She lied about the yacht being broken into in Hobart. She lied about the yacht being broken into in Queensland. She then lied about ever claiming that the yacht had been broken into in Queensland. And she repeatedly referred to Bob Chappell as if he were already dead, while being interviewed by police just one day after the yacht had been found sinking.

Her farrago of lies were clearly aimed at creating a scapegoat, and obstructing the police investigation into her own activity on the night of the murder. She is yet to provide a verifiable explanation for any of her deceptions, so we still don’t know what she was doing that night.

Her supporters claim she was ‘confused’ or ‘on drugs,’ and have resorted to picking over legal minutiae, or raising spurious legal issues that were dealt with during the trial, the appeal, the inquest, and the rejected application to the High Court. But the evidence continues to speak for itself.

The full transcript of the Court of Criminal Appeal decision is lengthy. I’ve included what I believe to be some of the most compelling findings below, findings that have been glossed over by Susan Neill-Fraser’s supporters, with my own clarification added in [ ] brackets. For the full list of findings please visit http://www.austlii.edu.au/au/cases/tas/TASCCA/2012/2.html

The appellant [Sue Neill-Fraser] and the deceased [Bob Chappell] purchased and took possession of the [yacht] Four Winds at Scarborough Marina in Queensland. There was evidence suggesting that they had spent more than they had originally planned.

They hired two crew members for the journey from Queensland to Hobart. They were Peter Stevenson and David Casson.

[Bob Chappell then suffered a series of serious nosebleeds, and was admitted to hospital before travelling back to Hobart independently. Sue Neill-Fraser subsequently sailed the yacht to Tasmania with the crew members, and was met by Bob Chappell following arrival in Hobart].

Evidence was given by Mr Stevenson that during the journey the appellant said that her relationship with the deceased was strained, it was over and it had been for some time. She also said that she would like to borrow $100,000 from her mother to buy out the deceased’s interest in the yacht.

Mr Stevenson’s evidence was that [when SNF arrived in Hobart with the yacht] the deceased “went to approach Sue and she really just stood back from him and ignored him, didn’t sort of respond to his – to, you know, acknowledging that – how he was”. He said that he had noticed no sign of affection between them when they were together on the boat.

Evidence was given by the deceased’s son, Timothy Chappell, that on 26 December 2008, and again two or three weeks later, he was on the Four Winds when the appellant and deceased were both present. He thought that “there was quite a lot of tension between them”, and said that he “felt a bit uncomfortable on the boat because of the tension between them”. He referred to sniping words and obvious friction between them. The source of it appeared to him to be that they had different expectations for what they would do with the yacht.

Evidence was given by Jeffrey Rowe, a Queensland yacht broker who negotiated the sale of the Four Winds to the appellant and the deceased. He said that in the course of a telephone conversation he had with the appellant on 8 January 2009, she told him that she and the deceased had separated and she commented “that she was just tired of having to do everything”.

[On the morning of 26 January 2009 Sue Neill-Fraser visited Bob Chappell on the yacht, before departing later that morning to attend a lunch appointment.]

The appellant drove home to Allison Street, changed and returned to the Royal Yacht Club with Ms Sanchez for lunch. At the club, Ms Sanchez took some photographs of the appellant. They showed that she had no injuries or strapping on her wrist.

[Sue Neill-Fraser then returned to the yacht mid-afternoon on the same day. She told police that she had an argument with Bob Chappell, who she said told her he wanted to stay on the yacht overnight, so she took the dinghy back to shore after about an hour she estimated (leaving him stranded on the yacht overnight)].

The appellant said to police that it was safer for her to leave the deceased on the yacht without the dinghy because he was not adept at getting in and out of it on his own.

However, his son, Timothy Chappell, gave evidence that the deceased was quite capable in the dinghy. Ms Sanchez’s evidence was that on 25 January 2009, the deceased showed the appellant how to use a new outboard motor on the dinghy. The deceased’s daughter, Katherine Chappell, gave evidence that when she went out to the Four Winds on 26 December 2008, the deceased operated the dinghy and the appellant criticised him concerning the way he was driving it into the waves. There was also evidence that the deceased controlled the dinghy containing him, the appellant and two men who were going out to work on the Four Winds in early January 2009.

The appellant said that when she returned from the Four Winds [that afternoon], she tied the dinghy to a ladder at the Royal Yacht Club in her usual way with three knots. She believed she had tied it up adequately and said that it had never come undone before.

At 9.17pm on 26 January 2009, the appellant made a 14 minute telephone call to her daughter, Emma Mills, on the landline at Allison Street. At 9.31pm she telephoned her mother for about five minutes. At 10.05pm she received a telephone call on the landline from Mr Richard King. The call lasted approximately 29 minutes.

The next telephone call to or from the Allison Street landline was at 3.08am on 27 January, when a *10# call was made from it. The function of such a call is to retrieve the number of the last unanswered telephone call to a landline service.

John Hughes gave evidence that between 11.30pm and midnight on 26 January, he was parked at the end of rowing sheds at Marieville Esplanade when he saw and heard an inflatable dinghy with an outboard on the back coming from the direction of the Royal Yacht Club, heading northeast towards the Eastern Shore of the Derwent. It was open to infer from that evidence that it was travelling roughly from where the appellant had said she left it at the Royal Yacht Club and roughly towards the Four Winds. Mr Hughes said that there was only one person in it who had the outline of a female, but he could not be definite. He was “almost 100 per cent definite” that there were no other persons in the area of the sheds.

At about 5.40am on 27 January, a witness found the dinghy bobbing against rocks. The witness secured it. With another man he headed out in a boat. As they passed the Four Winds they noticed that it was very low in the water on its mooring. They boarded it. Shortly after, the police arrived as a result of a call.

[The dinghy’s painter (the rope with which it was allegedly tied to the ladder)] was inside the dinghy, which suggests that it had been put there by someone and that it had not simply come undone from the ladder where she said she had tied it. If it had become undone with the result that the dinghy drifted away, it is likely that the painter would have been trailing in the water.

At 7.04am, on 27 January 2009, an unanswered telephone call was made from the landline at Allison Street to the appellant’s mobile telephone which was later found on the Four Winds. No further call was made by the appellant to that telephone and she raised no alarm. Having received reports of the Four Winds sinking, police telephoned her on the landline at Allison Street at 7.11am. She headed directly to Marieville Esplanade in the car. Her evidence was that she had parked it overnight outside the house.

On the shore at Marieville Esplanade, before it was known that the deceased was missing, she spoke with Constable Shane Etherington. She told him that the deceased had been on the yacht making some repairs in relation to some panels that had apparently been loosened by unknown persons. She said that she believed the boat may have been boarded in the two or three days prior to the deceased being on it. She explained that a similar yacht had been used to smuggle drugs into Australia from other countries and the drugs were stashed in similar panels and she believed that was what may have happened to the Four Winds. She asked if the police had sniffer dogs which could go onto the yacht.

That morning, a red jacket was found on a brick wall outside 2 Margaret Street by the occupant. It was about 120 metres from where the appellant said she had left the dinghy tied up on 26 January. The occupant had not seen it there when he arrived home the previous evening at about 6pm. A police officer took possession of it and it was placed in the boot of a police car at Marieville Esplanade. It was shown to the appellant who said that it did not belong to her and she had never seen it before. However, a swab taken from the inner surfaces of the collar and cuffs of the jacket was found to contain a DNA profile that matched her DNA profile and the chances of some other unrelated person matching it was less than one in 100 million.

When the appellant was at Marieville Esplanade that morning, police officers observed that she had some strapping round her wrist and a Band-Aid on her left thumb. She said she had cut her thumb. At the request of Constable Stockdale she removed the Band-Aid and revealed a one to two centimetre cut. In the course of the conversation she said that her fingerprints might be on a torch on the Four Winds. A torch was indeed found on the Four Winds. It had human blood splattered on it and a DNA analysis of the blood matched the DNA profile of the deceased.

When police boarded the Four Winds that morning they noticed blood on steps, a knife on the floor of the wheelhouse and the torch with blood on it and no trace of the deceased. The yacht was low in the water and sinking. The causes were located. A pipe to the for’ard toilet had been cut allowing seawater to flow in. It was also discovered that a seacock under the flooring in the for’ard part of the yacht had been opened, allowing seawater to flow in.

Evidence was given by Constable Lawler, who had experience in marine and rescue services and with water craft, that in his opinion the person responsible for cutting the pipe and opening the seacock had an intimate knowledge of the Four Winds. That was particularly the case with the seacock, which was under a carpet and panel, and which served no apparent purpose.

The operation of the plumbing aboard the Four Winds, including the location of the cut pipe and the seacock, had been explained to the appellant by a plumber, Mr Klaas Ruiter, when working on the yacht in Queensland. A photograph in evidence showed her with the book open at the plumbing diagram. Evidence from Mr Nathan Krokowiak, a mechanical fitter who worked on the yacht on or about 15 January 2009, was that he explained to her about “gate valves, seacocks and things like that which are open to the outside of the vessel” whilst working on the area containing the seacock which was found on 27 January to have been opened.

The inflatable dinghy had many areas that were positive to luminol, a screening test for blood but not a conclusive one.

Sergeant Conroy also gave evidence that the appellant drew attention to some rub marks on the wooden surrounds of the main hatch for entry into the yacht, which she said had not been there before. The Crown maintained that the marks were small and inconspicuous. There were fibres in the marks that appeared consistent with those from a rope.

It was also Sergeant Conroy’s evidence that when speaking to the appellant on 28 January, at which time he obtained a statutory declaration from her, she referred to the deceased throughout in the past tense, although at one time she apologised, saying that she and the family had come to the realisation that he was dead.

In the days following 27 January she told Timothy Chappell that she had been to Bunnings the afternoon before.

On 28 January 2009 she made a statutory declaration in which she said that after tying up the dinghy at the Royal Yacht Club she went to Bunnings for a long time, although she did not buy anything, just browsed. It was starting to get dark when she arrived home. She mentioned the telephone calls she made and received and said she got off the telephone at 10.30pm. That accorded with records. She said that she stayed alone at home that night and that the following morning she was notified the yacht was sinking. She made no mention of travelling to Marieville Esplanade after 10.30pm.

On 5 February 2009, she told Constable Marissa Milazzo and Detective Senior Constable Shane Sinnitt that after she left the Four Winds on 26 January she went straight out to Bunnings. [She then gave detailed evidence about her clothing on the day and her movements around the shop].

When interviewed by police on 4 March 2009, she continued to maintain that she drove to Bunnings from the Yacht Club. She said she remembered feeling guilty when doing so because she thought that if the deceased telephoned her, he had her mobile and she was not at home. However, she was aware that police had examined CCTV footage at Bunnings and could not find her on it and retreated to claiming that she was “pretty sure” she had gone there. She was told that Bunnings shut that day at 6pm, which made it unlikely that she could have been there for “hours” as she had previously claimed.

Later in that interview she maintained that she did not leave her home on the night of 26 January after receiving the telephone call from Mr King.

On 5 March 2009, Detective Sergeant Conroy spoke to the appellant’s two daughters about the investigation and showed them a photograph taken by a camera at the corner of Sandy Bay Road and King Street, Sandy Bay, at 12.15am on 27 January 2009, which showed a grey station wagon similar to the appellant’s vehicle travelling on Sandy Bay Road. The appellant’s daughters were in constant contact with her.

Ms Sanchez gave evidence that on either 8 or 10 March 2009, she had a telephone conversation with the appellant, in the course of which the appellant told her that on the night of 26 January she was disturbed or anxious about the content of the telephone call from Richard King and had driven down to Sandy Bay, looked across at the yacht, but it was in darkness, and then drove back. That was the first occasion upon which the appellant had admitted to returning to Marieville Esplanade that night.

On 13 March 2009, she was interviewed by an ABC journalist, Ms Felicity Ogilvie. She told Ms Ogilvie that after the telephone call from Mr King she drove down to the boat to check that everything was okay, did not see anything going on at the yacht and drove home. She added that she saw homeless people with fires while down there. Ms Ogilvie later provided that information to police. It was the first time they were aware that the appellant had returned to Marieville Esplanade on the night in question.

On 23 March 2009, Ms Sanchez had another telephone conversation with the appellant in which the appellant said that although she had driven down to Marieville Esplanade that night, she left the car there and walked back home to West Hobart for the exercise. It was the first time she said she had left the car at Marieville Esplanade.

Police interviewed her again on 5 May 2009. Asked about what she had done on the afternoon of 26 January after going out to the Four Winds, she said that she had been mistaken about going to Bunnings, claiming that she had mixed up the day with another day a few days earlier when she had left the deceased on board the yacht and gone to the store.

During the same interview, she said she had been on the yacht on the afternoon of 26 January until later than she had previously indicated, and after tying the dinghy at the Royal Yacht Club, she walked back to Allison Street, West Hobart, leaving the car on Marieville Esplanade or around the corner in Margaret Street, she could not remember which. She said she did not remember whether it was daylight or dark. After the telephone call from Mr King, the content of which had unnerved her, she decided to collect the car and drive it home so that it would be available to her to drive to the yacht if the deceased called her. She decided not to telephone him because having regard to the lateness of the hour, he might be asleep. So she walked to the car at or near Marieville Esplanade. However, on arriving there she found she had farm keys and not the car keys and had to walk back to Allison Street to collect them and return once again to the car. She then drove along to the rowing sheds, which was the only place from which the boat could be seen properly. She got out, walked down to the beach and saw a fire going and homeless people there. She could not see the boat because it was pitch black. She felt a lot better for having gone there. She then drove home.

In that interview, the appellant was told that the red jacket police had shown her on the morning of 27 January was in fact hers because it contained her DNA. She conceded it was hers and said she had no idea how it came to be on the fence in Margaret Street.

She agreed in the interview that when on 27 January she gave an account to police of her movements the night before, she had not told them about returning to Marieville Esplanade. She gave as her reason that she was worried Timothy Chappell would be upset at mention of her concern about the subject of the telephone conversation from Mr King.

She also told the police that when the yacht was being repaired at Scarborough Marina in Queensland, the mechanic, Mr McKinnon, advised her that it had been illegally entered and panels had been opened and things moved about.

It was Timothy Chappell’s evidence that on 27 January the appellant told him that the yacht had been broken into twice in Hobart on its mooring, which surprised him because he had not heard about it before. The appellant told Constable Etherington on 27 January that the Four Winds may have been boarded two or three times before, that some panels had been removed by unknown persons, and that the yacht may have been used to smuggle drugs. On the same day, she made a statement in which she said that approximately 13 days before she and the deceased discovered that someone had been on the yacht unlawfully. She noticed that the chart table had been accessed and the freshwater pump cover and the electrical switchboard had been opened. She said exactly the same thing happened in Queensland in October when someone had been on the boat.

A marine mechanic, Mr James McKinnon, gave evidence that the appellant and the deceased commissioned him to inspect the Four Winds in Queensland and to work on it at Scarborough Marina. During the course of the work he reported to the appellant that he believed someone had been entering the yacht after he finished work some days, and he also told her that on one occasion he noticed an electrical panel had been removed. However, he subsequently discovered that an electrician, Chris Geddes, had done that and he told the appellant that was the case. Evidence was also given by Mr Rowe that he had also discussed with the appellant about the electrical panel having been opened and about the situation that people thought the boat was being broken into. He said it was discovered that an electrician had been working on the switchboard of the yacht and he informed the appellant of that.

That evidence of Mr McKinnon and Mr Rowe was not challenged by the appellant’s counsel in cross-examination. However, the appellant gave evidence that it was she who told them that it was Mr Geddes who had entered the yacht.

On 27 January 2009 the appellant told Sergeant Conroy that Four Winds had been entered on two occasions, that it appeared to her that something heavy may have been lifted out, and she believed it was drug smugglers and that the deceased may have been on the yacht when they came back to it.

On 13 February 2009, in a telephone conversation, the appellant told Sergeant Conroy again about break-ins on the vessel. On 19 February she mentioned her belief that the prefix PV in the registration number of the yacht stood for Port Vila, and that drugs smugglers from Europe went to Port Vila and that was a line of inquiry she thought he should follow.

In the course of being interviewed on 5 May 2009, the appellant denied that there had been any break-ins on the yacht in Queensland or Tasmania and she denied saying that it had been searched.
When giving evidence, the appellant said that she and the deceased went aboard the Four Winds on 10 January 2009 and found it had been entered and searched, with floor hatches pulled up, cupboard doors open, some of the cushions unzipped and mattresses flicked up, but there was no damage and nothing was missing. They decided between them not to report the matter to police. Later in evidence she denied ever saying that the yacht had been broken into in Queensland.

Other circumstantial evidence relied on by the Crown included the evidence of Mr Phillip Triffett. He gave evidence that he and his partner had been friends with the appellant and the deceased some years before, and that the appellant owned a yacht at that time which she kept at a marina down Electrona or Margate way. He said that when they were on the yacht in about 1996 or 1997, the appellant asked him to assist her in taking her brother Patrick out to sea and throwing him overboard, because he was in her way over their mother’s property. She said they would weigh him down with a toolbox and that Mr Triffett would then take the yacht closer to shore and sink it after she had gone ashore in the dinghy. She showed him how they could sink the yacht by using the bilge pump.

Mr Triffett also gave evidence of a conversation not long after at the appellant’s home when the appellant complained that the deceased was mean with his money and “dangerous around the kids” and she said he had to go. She wanted the same thing to happen as she had suggested before, except that she wanted the deceased to be wrapped in chicken wire.

Ben Lohberger grew up in southern Tasmania and lives in Glen Huon, where he’s currently working on his house and farm. He has previously worked for a range of employers including the Department of Social Security, Media Monitors, the Premiers Office, the Tasmanian Greens, Aurora Energy, and The Parthenon (No IV).

• Eve Ash, in Comments: Anyone who missed 60 Minutes 24 August and the new evidence, new leads, and problems with the forensic science in the case …

• Ben Lohberger, in Comments: Susan Neill-Fraser’s supporters appear to have access to the transcript of Ms Neill-Fraser’s trial, a transcript that is not available publicly. If they are going to cherrypick …

Author Credits: [show_post_categories parent="no" parentcategory="writers" show = "category" hyperlink="yes"]
700 Comments

700 Comments

  1. Dr Peter Lozo

    August 23, 2018 at 2:06 pm

    It appears that the prosecutor is suggesting, amongst other possibilities, that the Vass DNA could have been transferred directly anytime after Bob disappeared. But Barbara Etter did a very thorough investigation of that possibility several years ago and concluded that there was no way that the primary transfer could have been deposited after the police took possession of the yacht, because the yacht was either in a fenced area or was in an area where there was a security camera. Video footage from the security camera showed that no-one boarded the yacht when it was under surveillance. Barbara concluded that the primary transfer (had it been primary) must have occurred before the police took possession of the yacht.

    It is interesting to note that the VPFSD forensic expert (Maxwell Jones) stated late last year that it is more likely that the transfer was primary and that he could not exclude the secondary transfer, and yet Mr Percy QC said in his closing remarks yesterday that the transfer is almost certainly primary. Why do lawyers (and lay people) either over-interpret or under-interpret the statements of scientists? Surely the term more likely isn’t as a definite as the almost certainty.

    Given that Vass stated that she was never in Sandy Bay nor on Four Winds, … one cannot be as sure of a primary transfer as Mr Percy QC appears to be. But then again, would you expect a defence attorney not to over-exaggerate?

  2. Dr Peter Lozo

    August 23, 2018 at 4:05 am

    “Lawyers for Tasmanian convicted killer Susan Neill-Fraser claim new DNA evidence is a ‘game changer’ in her push for a fresh appeal, but prosecutors say it supports the case against her.”

    https://www.theaustralian.com.au/news/nation/new-dna-evidence-in-susan-neillfraser-murder-appeal-a-gamechanger/news-story/b1d62e8da2848bad70894e7be2f7ac13

  3. Dr Peter Lozo

    August 22, 2018 at 4:55 pm

    Sue Neill-Fraser appeal: Fresh evidence hinges on interpretation of DNA evidence, lawyers say.

    “Justice Michael Brett said the submissions may come down to an argument about whether a decision by Neill-Fraser’s original team not to get their own forensic opinion for the trial could then be used to argue a decision to get a second opinion now counted as “fresh” evidence.”

    http://www.abc.net.au/news/2018-08-23/convicted-murderer-sue-neill-fraser-appeal-hears-she-arrang/10154968

  4. Dr Peter Lozo

    August 22, 2018 at 1:38 pm

    It is one thing to have a biased and ignorant view of this case, but it is another thing to promote that belief and false information to the public and also use it to offer public criticism of TasPol, the former DPP and the Judge who presided over Sue’s trial. How can the public know what the truth is when SN-F supporters, particularly those with more reach and influence, promote incorrect information? A good example of this (discussed above) is Mr Urban’s intentionally false representation of a witness statement at the trial.

    ——

    Now for the shock revelation about Sue’s role in Ms Vass’ false statement:

    “Sue Neill-Fraser appeal: Letter smuggled out of prison to witness, court hears”

    “A Hobart court has heard for the first time that convicted killer Sue Neill-Fraser played a role in arranging for a witness to give evidence in her last-chance appeal, including what she would say”

    See: http://www.abc.net.au/news/2018-08-23/convicted-murderer-sue-neill-fraser-appeal-hears-she-arrang/10154968

    Sue can now kiss goodbye to any chances of getting her right-to-appeal approved. She obviously did not think she had a chance of presenting fresh and compelling evidence, so she decided to cheat her way our of the prison. Who will trust anything she said previously before her trial, and ever since?

    • Alan Arkle

      March 24, 2019 at 10:20 am

      You were saying?

      • Dr Peter Lozo

        March 24, 2019 at 10:57 am

        That an MoJ occurred on Thursday because the Court made its decision to grant the right to appeal on the basis of a false affidavit!

  5. Dr Peter Lozo

    August 22, 2018 at 11:05 pm

    “I’ve done the ‘due diligence’ … and I hope that Justice Brett will find sufficient reason to either reverse Neill-Fraser’s conviction, or to at least order a re-trial. In my opinion, justice lies in the balance.”

    The above are sentences by one of Neill-Fraser’s supporters (G. Stannus, #1 http://oldtt.pixelkey.biz/index.php?/comments/57093/) who, since about 2014, maintained a view that Neill-Fraser did not have a fair trial because Justice Blow did not approve to recall Ms Vass during Sue’s trial. It is one thing to hope that perhaps Sue needs to have a re-trial, but Justice Brett is overseeing the right-to-appeal hearing – at least that is my understanding. That is, Justice Brett does not have the authority to order a re-trial because that is the responsibility of the Criminal Court of Appeals – if the case goes that far. I wonder on what grounds Mr Stannus is hoping that Justice Brett (even if he were to have the authority) would either reverse the conviction or order a re-trial. There is absolutely nothing on the table that was presented at the current right-to-appeal to even consider reversing the charges. I would say that since Sue tried to cheat her way out of the prison that her original sentence (by Justice Blow) ought to be re-instated, but I don’t see that happening either. It ought to be obvious to her supporters now that Sue was willing to use influence over a defence witness in order to falsely influence the Supreme Court in her favour.

    As for Mr Colin McLaren:

    Well now we know what Mr McLaren was doing when he was recorded saying it was “the statement you do when you don’t have a statement”

    Although I am not legally qualified to comment on whether Mr McLaren committed a criminal offence (such as perverting the course of justice) but … who was subsequently threatened (according to her verbal statement in the Court late last year) by another party into signing that false statement. …

    Had Mr Urban delayed the publication of his book he could have written an ‘explosive’ final chapter in this real-crime thriller!

  6. Dr Peter Lozo

    August 22, 2018 at 2:47 pm

    On McLaren’s plan to ‘make a witness’

    No wonder Mr Colin McLaren skipped the country and is concerned that he might be charged if he returns to Australia. … Read this:

    “In the video played to the court Mr McLaren dictates the statement from the point of view of Ms Vass — who was not present.

    In the video he tells Ms Ash to leave a space for her to sign it and another line at the bottom and he would then “turn it into a witness”.

    The video, played in court, also recorded Mr McLaren saying that it was “the statement you do when you don’t have a statement” and commenting that Ms Ash’s “lawyer friends will all go up in arms”.

    “But it’s a … statement by someone we know to be a killer … that’s the only way we’re going to get her,” Mr McLaren said in the video played to court.”

  7. William Boeder

    August 22, 2018 at 4:15 am

    #691 … As for E. Abetz, a dose of the truth would be something he needs to become a whole lot better acquainted with.
    Persons expecting respect and maybe even privilege need to earn it, not expect it like some obnoxious crackpot persons tend to do.
    The world would be a far better place if more truth was spoken as opposed to persons speaking their propagated lies.
    My latest series of researches on criminal minds has favoured the persons of high academic achievement more so than the uneducated.

  8. Dr Peter Lozo

    August 22, 2018 at 1:44 am

    #689 … By the way William, when I wrote several months ago that ASIO has you on their radar, I did not mean that I reported you to ASIO. What I meant was that your online comments would most probably attracted the attention of ASIO, particularly when you are posting hostile comments against various government departments, and have for a number of years, since at least 2010, posted hostile comments against a Senator (I did see your constant online attack on Senator Abetz https://www.openaustralia.org.au/comments/recent/?pid=10003).

    As for the Neill-Fraser supporters: very naive people who have been too influenced by the ‘Shadow of Doubt’, ’60 Minutes’ and ‘Sunday Night’. It takes them ages to realise what they do not know because of the biased perception and cognition. One needs to really show them why they lack understanding on so many issues. There is hardly an original thinker among them who is willing to learn and discover what they do not know. You tell them to do an experiment, but then they do not remember to make the experiment relevant to the issue at hand.

  9. Dr Peter Lozo

    August 22, 2018 at 12:42 am

    #688 … For your further education you can read about the significance of water in the Susan Neill-Fraser case here: http://oldtt.pixelkey.biz/index.php?/comments/57093/

  10. William Boeder

    August 22, 2018 at 12:26 am

    #688 … I was of the mind that your relentless campaign must have at last ended the toleration toward you by Tasmania’s (non-financially motivated) good-minded people.
    You appear to be agitated when fair and reasonable statements are incorporated in the comments of Tasmania’s fair-minded people. Why is this so?

    How about a sensible response from you on this forum after your reporting of myself to ASIO?
    Tell me of their actions, and/or response, to your spurious assertions?
    Nothing full of scientific jargon if you please, just the plain simple truth so we need not suffer further from your facile, tactless reference introduced by you relating to your ‘vomit’.

  11. Dr Peter Lozo

    August 21, 2018 at 10:22 pm

    “Susan Neill-Fraser murder appeal: Judge says he has no power to order requested tests”

    http://mobile.abc.net.au/news/2018-08-22/sue-neill-fraser-appeal-case-submissions/10151216

    If that “vomit rag” was of any significance to Sue’s current appeal bid, then why on earth did not Etter or Percy have it tested at the expense of their client well before they requested the current Judge to order the test? Why should the State have to pay for it? Had the Judge ordered it be tested then the State would have to pay.

    After studying a number of cases I must say that the defence in this case is terrible. They ought to have tested (at their own expense or at the cost of their client) anything they considered to be significant and in favour of their client, and it should have been done before this right-to-appeal started. Kathleen Zellner (a US defense attorney) currently representing Steven Avery in his bid for a re-trial, paid a lot out of her own pocket for some scientific tests.

    If the support for Sue is so great then her supporters should have raised money for scientific tests rather than spend time whinging on TT about Tasmania’s judicial system, or whinging about the way this case was investigated and prosecuted. I suppose that they will now whinge about the current events which are not at all favourable to Sue.

  12. Geraldine Allan

    August 1, 2018 at 5:22 pm

    Note the following comment to the article:-

    [i]” David Tanner says:
    July 24, 2018 at 11:03 pm

    I believe that there is a very good chance that Four Winds may have been used to smuggle drugs into Australia before Bob and Sue bought her, and that at least some of those drugs may still have been hidden in the bilge when the boat was sold, perhaps due to concern over whether the boat was under surveillance by Queensland Customs/Border Force. The smugglers could then have easily tracked the boat to Hobart and waited for an opportunity to recover them without risk of being seen. A quiet night with apparently no-one on board would have been the ideal time to collect their stash, but they would have been sprung by Bob suddenly emerging from the aft cabin. You can then easily imagine what would have followed!

    I seem to recall that the floor boards in the Pilot House were reported as having been recently moved when the boat was first examined by police?

    We had a chat about this with Sue on board our yacht ‘Star’ long before she was arrested. She did say that she thought Four Winds may have been chartered for a trip in waters north of Darwin a short while before they bought her. So the real question is whether anyone has ever checked the detailed log of Four Winds in the time prior to her being sold to Bob and Sue. That shouldn’t be difficult, particularly if she departed and then re-entered Australian territorial waters. I always assumed that the Queensland Border Force guys would have been interviewed by police along these lines? Does anyone know whether in fact this was done?”[/i]

  13. Andrew L Urban

    August 1, 2018 at 3:32 pm

    The case against Sue Neill-Fraser was purely circumstantial; that is not in dispute. It is important to know (or remember) the rules that apply to such cases in a court of law. This article focuses on that aspect of the case: https://wrongfulconvictionsreport.org/2018/07/24/sue-neill-fraser-what-the-jury-didnt-hear/

  14. Dr Peter Lozo

    July 20, 2018 at 10:03 am

    Henry Keogh’s lawyers want their $1.85m fees paid following $2.57m government payout

    “LAWYERS who were instrumental in the quashing of suspected killer Henry Keogh’s conviction and securing his freedom claim an agreement they would be paid from any payout he received has not been honoured.”

    https://www.adelaidenow.com.au/news/south-australia/henry-keoghs-lawyers-want-their-185m-fees-paid-following-257m-government-payout/news-story/3d056cce1b2d3304ddd0d9af744aa621

    I always thought that Mr Kevin Borick QC worked on the Keogh case pro-bono.

    Who is Mr Borick?

    According to Wikipedia: “Kevin Borick, QC is a criminal-law barrister in South Australia, and president of the Australian Criminal Lawyers Association.”

    He is featured in this 2004 ‘Today Tonight’ program on the Keogh case:

    https://youtu.be/nY5-ZNgZUvQ

    The above video also features forensic evidence on lividity which contradicts Mr Keogh’s statements about how Ms Cheney’s body was slumped.

  15. Dr Peter Lozo

    July 12, 2018 at 5:14 am

    “Don’t pay Henry Keogh millions, former SA attorney-general says”

    “Kevin Foley, who was acting premier and acting attorney-­general in 2006 when he denied Mr Keogh the right to challenge his conviction, told The Australian: “I am one who believes Keogh should not receive a cent.”

    “Mr Foley said Mr Keogh’s reference in an interview with The Weekend Australian to learning from Nelson Mandela’s approach to life “makes me want to vomit”.

    “The Cheney family has said it will pursue Mr Keogh in the civil courts.”

    https://www.theaustralian.com.au/news/nation/dont-pay-henry-keogh-millions-former-sa-attorneygeneral-says/news-story/84b4cab83997c802a0922c3230aa6e55

  16. Dr Peter Lozo

    July 10, 2018 at 12:56 am

    Further to #682: I ought to have stressed that, with the exception of one lone bruise – ‘the ‘thumb’ bruise, none of the originally reported bruises could be excluded from being caused at the time of death. It it now quite certain that they were not caused (and could not have been caused) by the modus operandi that Dr Manock proposed. Neither he nor SaPol bothered to test the physical plausibility of that scenario in the lead up to the two 1995 trials. Thus, all subsequent expert opinions since about 2004 (particularly by Prof Vernon-Roberts, Prof Thomas, Prof Pounder and Dr Lynch) were against Dr Manock’s modus operandi. The best they could have concluded is that Ms Cheney was not forcibly drowned in the manner that was proposed by Dr Manock. But, Prof Vernon-Roberts (who was commissioned by the State Government in 2004 to review the case) went one step further and, without any scientific experiments in a bathtub nor any other valid scientific reasoning, preferred an accidental death. Others (Prof Thomas, Prof Pounder and Dr Lynch) then basically agreed with Prof Vernon-Roberts’ report.

  17. Dr Peter Lozo

    July 9, 2018 at 11:31 pm

    Henry Keogh payout: Auditor-General asked to probe $2.57m compensation

    “Mr Keogh has now become the only person in South Australia’s history to receive damages despite not receiving an acquittal from the Court, indeed, the Court directed Mr Keogh face a new trial for the murder of his fiancee Ms Anna Jane Cheney.”

    https://www.adelaidenow.com.au/news/south-australia/henry-keogh-payout-auditorgeneral-asked-to-probe-257m-compensation/news-story/55bf9afcd9fa7a9117d290257f5c76fb

    I have previously written that the cause of Ms Anna-Cheney’s death (accidental drowning or forced drowning) in a bathtub that was at most 1/2 full of water, CANNOT be determined solely on the basis of the pathology evidence that was, and is, available. About 10 medical experts, mostly forensic pathologists of various experience and qualification (Dr Manock, Dr James, Dr Collins, Prof Ashford, Prof Cordner, Prof Henneberg, Prof Thomas, Prof Green, Prof Veron-Roberts, Prof Pounder, Dr Lynch) provided expert opinion over 20 years to either the trials, the Medical Board of SA, the Medical Professional Tribunal of SA, or to the 2014 appeal. BUT, none had bothered to conduct a series of bathtub experiments to better understand how, and if, any or some or all of the reported bruises on the deceased’s body (about 15 originally reported bruises) could have been caused at the time of death. I conducted a series of bathtub experiments and can confidently conclude that all of the above medical experts failed miserably in determining the physical circumstance of Ms Cheney’s death. They ought to have gone to the scene of the death and taken a much closer look at the bathtub itself, rather than offer ‘expert’ opinion on the basis of documentation. Had they done so they might have noticed that the 7 bruises on the deceased right shin can be well matched to the asymmetric profile of the longitudinal section of the bathtub edge. This alone, suggests that the deceased was facing down when these bruises were inflicted. When one then combines this finding with the other set of bruises then a clear picture emerges of what position Ms Cheney’s body must have been in during the moments of drowning. It does not at all support the accidental drowning scenario. Thus, there is a scientific re-interpretation of the forensic evidence that does not support the defence claim of accidental death.

  18. Dr Peter Lozo

    July 8, 2018 at 9:09 pm

    1. SA parliament to look into Keogh payment

    “The $2.5 million SA government payment to Henry Keogh after his 1995 conviction for the murder of his fiancee was overturned, will be investigated by a parliamentary committee.”

    See https://www.9news.com.au/national/2018/07/09/13/05/sa-parliament-to-look-into-keogh-payment

    2. Why was the Bromley appeal rejected?

    I wrote about the Bromley case in #667. Here is a summary from a news article on why the appeal was rejected …

    “Bromley’s appeal unsuccessfully argued that new psychiatric evidence would support the notion that the prosecution’s witness, Greg Carter, was unreliable because he was schizophrenic.

    Mr Carter told the original trial that he accompanied Bromley, Karpany and Mr Docoza to the banks of the River Torrens in the early hours of April 4 1984, seeing them attack Mr Docoza after he refused their demands for sex.

    “We conclude that although Carter was a person suffering from schizoaffective disorder — and may therefore have been susceptible to being affected by the phenomenon of ‘suggestibility’ — such risk did not here eventuate,” the court found.

    “The evidence before this court does not demonstrate that the phenomenon of suggestibility led to Carter confabulating or acquiring a false memory of Bromley attacking the deceased.”

    http://www.abc.net.au/news/2018-05-29/convicted-murderer-derek-bromley-loses-bid-to-walk-free/9811904

    3. Academic Law vs Practical Law

    Having studied a few cases where a former legal academic provided opinions, I came to the conclusion that the former academic is nit-picking at issues that practising lawyers do not consider to be significant. The main issue I perceive is that the former legal academic tends to either misrepresent or misinterpret the significance of expert opinions, and in doing so generally gives more weighting to expert opinions than is warranted.

  19. abs

    July 8, 2018 at 1:34 pm

    #674 … Yes Peter, I see that the editor has removed my last two comments about the creation of fake profiles.

    I can accept the deletions, I mean, it’s just a deletion of a couple of comments. It’s not like I have been caught out creating fake profiles to pretend my comments were broadly supported .

  20. garrystannus@hotmail.com

    July 8, 2018 at 12:43 pm

    #673, Geraldine … with regard to Andrew’s game, I’ve been putting all the evidence onto a time line. Of course in doing so, I’ve disregarded assertions by legal counsel, for that is not evidence. So far, the tapestry of evidence woven into this chronology of mine indicates that the prosecution’s case was not based on fact, but rather was based on supposition.

    While we wait yet again for the finalisation of Susan Neill-Fraser’s application for a second appeal, we yet have heard all (save for one portion) of the ‘new’ evidence, and my tapestry (at this stage) includes nearly all of that. I’m waiting for the final witness in August, and then, with final submissions etc, for Justice Brett to make a decision on the application.

  21. Dr Peter Lozo

    July 8, 2018 at 2:11 am

    “Family of Anna Jane Cheney demands to see legal opinions on $2.57 M payout to Henry Keogh”

    A few extracts from : https://www.adelaidenow.com.au/news/law-order/family-of-anna-jane-cheney-demands-to-see-legal-opinions-on-257m-payout-to-henry-keogh/news-story/7f9aa18849825290b4b9e6e802fea579

    “THE family of murder victim Anna Jane Cheney has called on the State Government to release the legal advice it relied on to make a $2.57 million ex-gratia payment to her suspected killer, Henry Keogh.”

    “And former Attorney-General John Rau yesterday broke his silence on the payout, stating his recollection of the legal advice was that “the state did not face a significant risk of a successful legal action by Mr Keogh”.

    “Henry Keogh was released from prison in December 2014 after serving two decades behind bars following his conviction for drowning Ms Cheney in her bath in 1994. His conviction was quashed in 2014 because of flawed forensic evidence and a retrial ordered, but Director of Public Prosecutions Adam Kimber QC subsequently dropped the murder charge because key witness pathologist Dr Colin Manock was too ill to testify.”

    “The Cheney family member said he was shocked when he was contacted by telephone at 5pm last Friday by Ms Chapman’s office advising him the payment had been settled that day and would be made public on Monday.”

    “I always thought his lawyers would at some stage put in a claim, but given that he was not acquitted, I though the government would fight any request,’’ he said.

    “The appeal judges made it pretty clear that while his lawyers had asked for an acquittal, that they rejected that and that it would be open to a properly directed jury to convict.’’

    “The family member said he could not understand how a new government could reach such a decision “so quickly’’ after taking office.”

    “The Cheney family’s lawyer, Greg Griffin, said judges in successive appeals had pointed out the overwhelming amount of circumstantial evidence against Mr Keogh, even without the forensic evidence.

    This included the fact he forged Ms Cheney’s signature on five insurance policies worth $1.125 million that he had taken out, his affairs with two women while he was with Ms Cheney and lies he had told under oath.

    Evidence at the crime scene also conflicted heavily with statements made by Mr Keogh concerning his attempts to revive her when he discovered her in the bath.”

    “This is not a case in which there was no other evidence,’’ he said.

    “That is a far cry from cases in which there have been payouts because of the circumstances.

    “The view of the family is if there had been a retrial, a conviction was certainly a possibility and the Full Court in 2015 stated that.’’

    Note: To put the life insurance policies in the full perspective, please keep in mind all the forged signatures that I mentioned at the bottom of my last post. Then ask: would a lawyer (Ms Cheney was a lawyer) have agreed to her boyfriend forging her signatures on life insurance policies, on bank cheques and on automatic deduction approvals .. given that the boyfriend was a bank branch manager whose career (and her career) would have been ruined by a discovery of such illegal activity? Or did Mr Keogh do all this on his own initiative with a sinister plot in mind?

  22. Dr Peter Lozo

    July 8, 2018 at 12:46 am

    Controversy surrounding the $2.57M payment to Henry Keogh

    Looks like the heat is on the new state Government in South Australia: https://www.adelaidenow.com.au/news/law-order/parliamentary-inquiry-into-henry-keoghs-257m-payout-for-wrongful-murder-conviction/news-story/96efbbe40f050faecdababc911871047

    “THE controversial $2.57 million payment made to Henry Keogh, who was wrongfully convicted of murder, is set to be scrutinised by a parliamentary inquiry.

    Moves are being made to have one of parliament’s most powerful investigative tools, the Budget and Finance Committee, probe the ex-gratia payout process.

    The move follows revelations in The Advertiser the payment was made without a formulated claim from Mr Keogh’s lawyers and a government-commissioned legal opinion found taxpayers were not at significant risk from any civil action he may launch.

    Opposition spokesman for Transport and Infrastructure Tom Koutsantonis said “startling admissions’’ made by Mr Keogh himself at the weekend had added weight to the need for a full inquiry.

    Saturday, former Attorney-General John Rau told The Advertiser he did “not recall seeing any advice saying the government was at significant legal risk in the Henry Keogh case’’ while he was in office, while Mr Keogh told The Australianhe was unlikely to have taken his case to the civil courts because of the time it would take and “there’s no guarantee at the end of that you actually emerge a winner’’.

    “Mr Keogh made it quite clear he wasn’t going to take legal action and Attorney-General Vickie Chapman has said she made the ex-gratia payment to minimise legal action,’’ Mr Koutsantonis said.

    “I think that raises serious concerns and we will use the Budget and Finance Committee to call every single public servant from Treasury and Crown law involved in this ex-gratia payment to give evidence.

    “We would like to know on what basis Ms Chapman made this decision, was it a Cabinet decision or simply a ministerial decision that Cabinet noted. It is an important distinction.’’

    Mr Koutsantonis said the legal advice commissioned by the Labor government made it clear the state was not at significant risk from any legal action and the Court of Criminal Appeal recommended Mr Keogh be retried for Anna Jane Cheney’s murder.

    In light of these facts, did Treasury agree with the payment, did Crown law agree with this payment. These are the questions that need to be answered,’’ he said.

    “Mr Keogh’s comments show that his advice was that he was at minimal prospect of a payment, it would have been long, arduous, expensive and very risky for him.

    “The question then is, why did Ms Chapman make the payment?’’

    While Labor holds three of the seven positions on the Budget and Finance Committee, it will need the support of one independent member, either Frank Pangallo or John Darley, to launch the inquiry.

    The payout to Mr Keogh has sparked outrage from the family of Ms Cheney. On Saturday a family member told The Advertiserthey believed the government must publicly release the legal opinion relied on to justify the payment.

    The legal opinion, provided by respected barristers Jonathon Wells QC and Ben Doyle, was commissioned by Mr Rau after he received a letter of demand from Mr Keogh’s lawyers.

    The demand was rejected by the former government and Mr Keogh’s lawyers were asked to present a formulated claim — something which did not occur.

    On Saturday Ms Chapman again defended the ex-gratia payment and confirmed that only the legal opinion commissioned by the former government and Crown Solicitor’s Office had been used to justify the payout.

    Henry Keogh was released from prison in December 2014 after serving two decades behind bars following his conviction for drowning Ms Cheney in her bath in 1994.

    His conviction was quashed in 2014 because of flawed forensic evidence and a retrial ordered but Director of Public Prosecutions Adam Kimber QC subsequently dropped the murder charge because key witness — pathologist Dr Colin Manock — was too ill to testify.”

    PS: Given that I have both trial transcripts from Mr Keogh’s first two trials in 1995, I will here say that there is something more to forgeries than just the forged signatures on life insurance applications. The public is only aware of the life insurance policies but isn’t aware that Mr Keogh also forged Ms Cheney’s signature on several bank cheques that were used to set up the 5 insurance policies. Further, he also forged Ms Cheney’s signature on the bank authorisation for periodic deductions. At the time he did this, Mr Keogh was in fact a branch manager for the State Bank! This is something that both Dr Moles and Mr Archers did not bother to tell the public.

  23. Dr Peter Lozo

    July 7, 2018 at 11:31 pm

    #672 …”well-respected academic Dr Bob Moles”.

    Dr Moles is not an academic, nor has he been for about 17 years. According to Graham Archers’ book, Moles got sacked after 3 years at Adelaide University. According to Dr Moles’ review of Archers’ book:

    “Bob was ‘sacked’ (p113) g– actually my 3-year contract came to an end. Although the law school advertised a significant number of positions to be filled, I was given legal advice to lodge an application. It was rejected without interview.”

    See “5 September 2017: Unmaking a Murder: the mysterious death of Anna-Jane Cheney by Graham Archer – reviewed by Bob Moles”

    http://netk.net.au/Books/Archer.pdf

    As for the new legislation in SA: Dr Bob Moles and Mr Kevin Borick QC contributed.

    “At p 293 Graham refers to a dispute which I had with Kevin Borick over who could be credited with the breakthrough in establishing the new right of appeal. I regret that I found it necessary to send a complaint to the professional conduct committee of the Law Society about this. Soon after I went to meet Kevin, we agreed that we could both claim some responsibility for having brought it about (as Graham suggests) and I was then able to withdraw my complaint on the understanding that Kevin and the others would not be sending off any more complaining letters. We have continued on good terms since then.”

    Dr Moles is affiliated with the Flinders University of SA in an ‘adjunct’ role, but he isn’t employed by that University.

  24. Dr Peter Lozo

    July 7, 2018 at 11:27 pm

    #671 … Please note that your last two comments were deleted. If you have an issue, then please deal with the Editor. Thank you.

  25. Geraldine Allan

    July 7, 2018 at 3:21 pm

    #669 … Andrew, yep I played your suggested hypothetical game, the result being of no surprise to me.

    One of my observations re the apparent and somewhat hasty, systemic damage-control activities witnessed following the disappearance of Bob Chappell and the attempted sinking of the Four Winds yacht is — remedial action must be seen to happen ASAP to deflect from the reality. That is, prevent fear for (i) nearby residents of Sandy Bay and, (ii) the yacht-owners fraternity. Community fear of any existing unsafe element operating within these communities must be stifled almost before it begins.

    Having previously witnessed similar almost panicky approaches by Tas Police well supported/co-ordinated by the ODPP (the criminal justice system) over a few decades, it seems the overriding objective is to assure safety to the community. Thus if one ‘wrongdoer’ can be singled out, the safe community image remains intact, at whatever cost to the MoJ victim.

  26. Geraldine Allan

    July 7, 2018 at 2:49 pm

    #671… My definition of ‘avoidance issue personified’ is when a person avoids the elephant in the room whilst attempting-with-failure to distract from it.

    Whilst I am about it, another hearty tick for well-respected academic Dr Bob Moles, his vigorous and scholarly endeavours for MoJ cases, and the positive outcome of more recent SA fresh appeal legislation to which he contributed generously.

    He wrote, “This is the audio of an interview I did a few days ago with the Attorney-General of South Australia. She made some interesting observations about the appalling state of the evidence from Dr Manock in previous cases and we say the state government has an obligation to act proactively to identify those cases and fix them up rather than leave them to the individuals concerned to pursue them without resources or proper advice. Especially is that so in relation to the baby deaths where three tiny babies were murdered in the mid-1990s and to date there has been no action taken in respect of them.”

    https://m.facebook.com/story.php?story_fbid=10157933277149466&id=538584465

    So much for the ‘expert witness’ eh? Or it is more appropriately said .. hired gun?

  27. abs

    July 7, 2018 at 1:52 pm

    Anonymous Comment challenged and deleted

  28. Dr Peter Lozo

    July 7, 2018 at 6:04 am

    There is implication in #668 that the Susan Neill-Fraser case is a “links in the chain” case. I am not knowledgable enough in this matter to offer a personal opinion, but since the subject had been mentioned on another thread in which I was involved I thought to refer to the statement that was made by someone else (Burt):

    “This was not a “links in the chain” case. It was a “strands in a cable case”, as is clear when one reads the Judgement of the Court of Criminal Appeal, http://classic.austlii.edu.au/au/cases/tas/TASCCA/2012/2.html

    See #57 http://oldtt.pixelkey.biz/index.php?/article/sue-neill-fraser-murder-case-man-pleads-guilty-to-perverting-course-of-just/

  29. Andrew

    July 6, 2018 at 9:57 pm

    #668 … Geraldine, you have reminded me of a hypothetical game I played the other day (just in my own mind, you understand) in which I imagined the trial taking place WITHOUT any speculation as to how Bob Chappell might have gone missing or been murdered.

    No wrench. No dinghy. No winching. Nothing, in other words, for which there is no evidence. It’s an interesting exercise. Try it for yourself, see what you come up with.

  30. Geraldine Allan

    July 6, 2018 at 7:46 pm

    #661 … This comment is directly to you and your comment re circumstantial evidence.

    The justice system reminds we commoners that our long-established justice system is reliable, and is safely based on “the presumption of innocence until proven guilty”.

    Additionally, the William Blackstone ratio assures us – “it is better that ten guilty persons escape than that one innocent suffer.”  Whilst the 18th century Sir William was promoting the understanding of fairness in a criminal justice system, that statement made a greater ratio of false acquittals possible when compared to false convictions.

    In criminal trials we are also told/assured that the burden of proof for the prosecution is set high, and we know there are times when in spite of a vigorous prosecution, the jury remains unconvinced of guilt “proven beyond a reasonable doubt”. Furthermore, at times the public disagree with certain ‘not guilty’ decisions. That matters not to the system, because the jury’s (apparent) reasonable doubt means there can be no conviction. That is the law and the standard of proof in criminal trials.

    So flipping that, in the collective minds of the SN-F jury, the prosecution apparently proved the defendant guilty of the murder crime as charged, to the extent that no reasonable person could have any reasonable doubt that she (the defendant) was not guilty.

    Yet I remind myself as I try to get my head around comprehending …
    (i) circumstantial evidence and associated inferences that add up to enough evidence to convict and,
    (ii) that a jury must only convict if it is convinced “beyond reasonable doubt” that the prosecution-promoted inferences and/or conclusions from the circumstantial evidence presented were reasonable and reliable,
    that during the jury deliberations, they were not sceptical of inferences, and were satisfied beyond reasonable doubt, that they (the inferences) were sufficiently reliable in the absence of direct evidence.

    How can that be a reliable decision in accordance with the Blackstone theory *she asks?

    We peasants are told that it is not always necessary in a circumstantial case, or any case for that matter, for the prosecution to prove each individual fact that it asserts. Oooh! Yes, we are assured – there are certain facts that are essential to proving the defendant’s guilt. These facts, known as “intermediate facts”, are indispensable to proving the guilt of the defendant, and must each be proved beyond reasonable doubt. Such facts are sometimes called the “links in the chain of guilt”. It is up to each jury member to decide whether or not any given fact has such significance.

    I remain convinced that generally speaking, jury members are incapable of this level of thinking. I can say for certainty, in the instances of my jury experiences, that the members of the public so called for jury service did not display these necessary attributes of understanding and comprehension.

    ‘Fair trial’ Sir William Blackstone, in my assessment is a dirty phrase.

    *She scratches head — where are the individual links in the “chain” of SN-F guilt that enabled the jury to sit comfortably with “proven beyond reasonable doubt?

  31. Dr Peter Lozo

    July 6, 2018 at 11:35 am

    Andrew Urban mentioned the Bromley case in #660.

    I read Dr Moles’ brief. His brief on the Bromley case ignores that the court relied on much more than the expert psychological/psychiatric opinion on the eyewitness (Mr Carter) to decide on the reliability of his statement. Dr Moles does not at all mention the taxi driver in his brief, even though the evidence of the taxi driver (and other people) contributed to the decision regarding Mr Carter’s reliability.

    SUPREME COURT OF SOUTH AUSTRALIA

    (Court of Criminal Appeal)

    R v BROMLEY
    [2018] SASCFC 41
    Judgment of The Court of Criminal Appeal

    (The Honourable Justice Peek, The Honourable Justice Stanley and The Honourable Justice Nicholson)

    29 May 2018

    “The case against Bromley depended to a considerable extent upon the evidence of Gary Carter. Carter was a schizophrenic. He had been under treatment at Hillcrest Mental Hospital, both as an inpatient and as an outpatient, over a period of time since 1983. His mental health broke down on the morning of 4th April and he was re-admitted to Hillcrest Hospital that day. It appears that his health had improved by the time of trial. The evidence of a witness with such a history of mental illness obviously required careful scrutiny. There was, however, a considerable body of evidence which supported Carter’s story at various points. The evidence of the taxi driver George leaves no room for doubt that Carter did travel in a taxi with another Aboriginal to Hindley Street as he described.
    There can be no doubt that Docoza and another Aboriginal there joined the taxi. There can be no doubt that Carter, Docoza, and two other Aboriginals left the taxi at the western end of Hindley Street and walked in the general direction of the River Torrens. There was confirmatory evidence from Gary Carter’s mother that Karpany was asleep at her home on the evening of 3rd April and left the house with Gary in the early hours of the morning of the 4th. The identification by the taxi driver George of Bromley as the man who entered the cab with Docoza, whatever criticisms might be cast upon it, tends to confirm Carter’s story that Bromley was the man who joined the cab with Docoza and was one of the party which went on foot to the River Torrens. There can be no doubt that Docoza was subjected to a beating on the banks of the Torrens and drowned. The story of the use of the barbell received some confirmation from the fact that the barbell was found at the scene. Carter’s story of going to the pie cart and obtaining a drink of water received some confirmation from the pie cart proprietor who recalled an incident of that kind at about that time. There is some confirmation of Carter’s story as to what occurred subsequently on the Morphett Street bridge from the evidence of police officers who saw Bromley on the bridge and subsequently saw him run. They found him hiding in bushes in Festival Drive. There is evidence of a stain which could have been a blood stain on Bromley’s shirt.”

    “There is evidence besides that of Carter tending to implicate Bromley.”

    See page 6 of R v Bromley [2018] SASCFC 41 – leave to appeal refused http://netk.net.au/Bromley/Bromley29.pdf

    It isn’t at all clear to me why, in his brief, Dr Moles ignored the above.

  32. Dr Peter Lozo

    July 6, 2018 at 7:24 am

    Further to my last post:

    I need to clarify my comment about the two sides having a different threshold level of acceptance.

    It is my view that those who are emotionally attached (very close to Sue) will have a higher threshold for acceptance of evidence against Sue, but a lower threshold of acceptance of evidence for other possibilities that do not involve Sue. On the other hand, those who are emotionally detached will likely have a more balanced and objective threshold of accepting what is a reasonable scenario.

  33. Dr Peter Lozo

    July 6, 2018 at 6:04 am

    The significance of one word and the subjective threshold for acceptance

    In #661 Andrew Urban writes as follows:

    “This means that if there was a possibility that Bob Chappell had disappeared in a way unknown and undiscovered, or if he committed suicide or had an accident, or was killed by some person or persons unknown, then the accused cannot be convicted.

    Each of those alternative explanations have to be excluded “beyond reasonable doubt”, otherwise any one of them would constitute a reasonable doubt. Thus in the absence of any direct evidence of her guilt, Sue Neill-Fraser should not have been found guilty under the rule of law.”

    Even a person as naive as me in the matters of criminal law knows, or ought to have researched it, that the above statement is ABSOLUTELY INCORRECT! Neither Mr Urban nor his backer, Mr Boeder, bothered to study the relevant law concerning circumstantial cases. Mr Boeder blindly accepted the above statement as being valid.

    Why am I so confident despite having zero tertiary education in law? Because I did some independent study and realised the significance of one simple word. The word is REASONABLE.

    Here are two relevant extracts from those who know far better than I do:

    “Where the Crown case rests substantially on circumstantial evidence a jury cannot return a guilty verdict unless the Crown has excluded all reasonable hypotheses consistent with innocence.”

    See Judicial Commission of NSW https://www.judcom.nsw.gov.au/about-the-commission/

    “In circumstantial cases, if there is evidence of a reasonable hypothesis consistent with innocence” then the defendant must be found “not guilty”. However, if there is no such reasonable explanation, the jury can infer guilt and find the defendant guilty.”

    See https://nswcourts.com.au/articles/circumstantial-evidence-in-the-courtroom/

    Please do note the use of the word reasonable in both of the above statements. Thus, had Mr Urban stated the following then he would have been absolutely correct:
    “This means that if there was a reasonable possibility that Bob Chappell had disappeared in a way unknown and undiscovered, or if he committed suicide or had an accident, or was killed by some person or persons unknown, then the accused cannot be convicted.”

    The obvious question to then ask is this: is there a reasonable possibility that any of the alternatives, as listed by Mr Urban, occurred .. given the evidence that was presented to the jury which convicted Sue Neill-Fraser?

    Are Susan Neill-Fraser’s supporters reasonable in their opinion? On the other hand, are those who disagree with Neill-Fraser’s supporters reasonable? Can both sides be reasonable and still disagree? My personal view is that what sets the two sides apart is subjective and it is the difference in the threshold level of accepting what is reasonable in this case. Those who are very close to Sue (such as Lynn Giddings) will have a higher threshold than those who are totally disconnected from all emotional attachment to anyone in the case (lawyers, police, judges, Sue, Tasmanian Judicial system, etc). Therefore, we are debating because we have a different level of accepting what is reasonable. We now need the Supreme Court judges to decide for us what is reasonable! Great! We are unreasonable dummies who are ruled by a select few reasonable folk (experts in law called judges) who are allowed to judge not only what is reasonable within the society we live in but they are also allowed by law to judge which scientific expert conducted a more reasonable scientific experimental work to back up their scientific opinion.

    I sure am having fun learning that Supreme Court judges rule the world. I thought that the true laws are the laws of nature, ie, laws that are discovered by scientists.

  34. Dr Peter Lozo

    July 6, 2018 at 2:43 am

    However it goes and however the SN-F supporters wish to look at it, the fact remains that an eminent barrister (Robert Richter QC), a psychologist (Eve Ash), and a former police detective (Colin McLaren, who is now afraid of returning to Australia because of fear he might be arrested by TasPol – see Andrew Rule’s March article) were absolutely and surely duped by a trio of homeless and/or troubled and uneducated people.

    How on earth could that have happened? Well, if you look at how long Mr Richter and Ms Ash were of the opinion that this case needed an independent review, it is becoming more obvious to me that both were highly susceptible to accepting information that confirmed what they already firmly believed. That is, both had, over the years, been entrenched into searching and accepting anything that would confirm their belief that Vass DNA was a significant factor in revealing what happened to Bob Chappell. Thus my conclusion is that both Mr Richter and Ms Ash suffered from confirmation bias. For those who don’t know what confirmation bias is about, below I provide a brief summary:

    “Confirmation bias, also called confirmatory bias or myside bias [Note 1] is the tendency to search for, interpret, favour, and recall information in a way that confirms one’s pre-existing beliefs or hypotheses.[1] It is a type of cognitive bias and a systematic error of inductive reasoning. People display this bias when they gather or remember information selectively, or when they interpret it in a biased way. The effect is stronger for emotionally charged issues and for deeply entrenched beliefs. Confirmation bias is a variation of the more general tendency of apophenia.

    People also tend to interpret ambiguous evidence as supporting their existing position. Biased search, interpretation and memory have been invoked to explain attitude polarisation (when a disagreement becomes more extreme even though the different parties are exposed to the same evidence), belief perseverance (when beliefs persist after the evidence for them is shown to be false), the irrational primacy effect (a greater reliance on information encountered early in a series) and illusory correlation (when people falsely perceive an association between two events or situations).”

    For further explanation see https://en.m.wikipedia.org/wiki/Confirmation_bias.

    Thus, those who claimed that TasPol had tunnel vision have now been proven to have themselves suffered from the very psycho-physiological phenomena associated with tunnel vision.

    If one looks at the dates when the various affidavits of the homeless people were provided, and then puts this within the context of Barbara Etter’s resignation from the defence team, one can reasonably assume that Sue (against Barbara’s advice) wanted, and was desperate, to use the affidavits of the homeless trio. This would have likely led to a conflict between the solicitor and the client about the strategy of how to proceed with the right-to-appeal application. But the client had the ultimate power and say over what should be presented to the court on her behalf. The solicitor then quit. It is therefore my opinion that the client’s immediate family, and some of her very good friends, then cut off ties with the solicitor. It is too bad that some people trusted Sue more than Barbara. This case had greatly benefited from Barbara’s 5 year pro-bono input.

    PS: Here are some sentences from Andrew Rule’s March article about Mr McLaren:

    “In another twist, McLaren is now effectively a fugitive because he has been warned of a Tasmanian police plan to charge him with perverting the course of justice.”

    After confirming suspicions his telephone and emails had been tapped by Victoria Police for their Tasmanian counterparts, he flew to Sri Lanka last October and reached Europe on a series of short flights. He wants to come home to see his daughter and grandson but doesn’t dare risk arrest.”

    In conclusion: the homeless trio have brought to the surface the bias in the SN-F Support Group. One can see the bias in Andrew Urban’s writings. One can see the bias in Dr Moles’ writings. One can also see the desperation in the writings of those who jumped onto the MoJ bandwagon well before the Trial Transcript became publicly available.

  35. William Boeder

    July 5, 2018 at 9:14 pm

    #661 … Andrew L Urban, you are to be commended by your position of agreement “to the well-reasoned provisions you have submitted” of the frailty and the improper claims being pursued by a certain person claiming otherwise extant in the SNF case.

  36. William Boeder

    July 5, 2018 at 9:02 pm

    Hello Andrew … this pdf link has been submitted to add to the failings of justice across Australia not being fairly delivered: http://netk.net.au/MOJGeneral/MOJ11.pdf

    Hopefully, there are no restrictions to my polite intended borrowing of these 16 pages from the Network Knowledge site of the esteemed Dr Robert Moles.

  37. Andrew L Urban

    July 5, 2018 at 8:32 pm

    Just a footnote to my previous post #660 as to why we must agitate for the Neill-Fraser conviction to be reviewed:

    It stands contrary to the rule of law. It is a circumstantial case that was taken to trial. A circumstantial case is one where there are no eye-witnesses. In such a case, a person cannot be convicted unless the fact of their guilt is the only rational explanation of the circumstances.

    The law says that if there is a single rational explanation of the facts, other than the guilt of the accused, then the person cannot be convicted.

    This means that if there was a possibility that Bob Chappell had disappeared in a way unknown and undiscovered, or if he committed suicide or had an accident, or was killed by some person or persons unknown, then the accused cannot be convicted.

    Each of those alternative explanations have to be excluded “beyond reasonable doubt”, otherwise any one of them would constitute a reasonable doubt. Thus in the absence of any direct evidence of her guilt, Sue Neill-Fraser should not have been found guilty under the rule of law.

  38. Andrew L Urban

    July 5, 2018 at 5:15 pm

    #659 … Indeed, Garry. You know, I’ve been an optimist all my life, but lately my optimism has crumbled, at least insofar as it applies to Australia’s criminal ‘justice’ system. Just the other day, I received (and published) a briefing about the extraordinary case of Derek Bromley.

    Here is the start of it: “Derek Bromley was convicted of murder in 1984, wrongfully, in the opinion of several legal experts; now, his latest appeal (June 2018) flounders when South Australia’s appeal court “fundamentally failed to pay due regard to the rule of law and to the well-established principles governing criminal appeals”, according to legal academics Dr Bob Moles and Bibi Sangha. “The principles espoused in the Bromley decision are not only contrary to established authority, but have never before appeared in any legal judgement in Australia, Britain or Canada.”

    The briefing explains why this ruling is a travesty of justice, and it further dampens my optimism and undermines my confidence in our courts. So let’s resolve to keep doing anything we can to agitate for a proper review of the Sue Neill-Fraser case – no matter what happens in August.

  39. garrystannus@hotmail.com

    July 5, 2018 at 2:20 am

    Thank you, Andrew #639: next month … another point along the way. How the time drags from last year’s astounding first days of evidence, then adjournment until March … then adjournment until June (wasn’t it?) and now again put off until August.

    Before all these, the directions hearings following the application under the amended Criminal Code Act 1924. Before that the Coroner’s Report, the High Court application, the first appeal, the trial, the preliminary proceedings, the arrest, the investigation and Bob Chappell’s disappearance.

    And what will follow in August? Whether acquitted, given a retrial or refused one, a campaign will continue. We will still want to see a judicial review of the trial process, a reinvestigation, an inquiry which might one day be able to tell us what actually happened. Yet we might not ever achieve these goals, and might not ever resolve the uncertainties surrounding this case.

  40. Dr Peter Lozo

    July 4, 2018 at 8:23 pm

    Tactics of defence attorneys (for appeal):

    Here is something I learned from several cases about defence attorneys and defence witness expert reports/opinions:

    Defence attorneys do NOT and WILL NOT include in their submission to the Court any scientific results/opinions that are unfavourable to their client. Otherwise they wouldn’t be representing their client to the best of their ability. That means that the defence attorney can censure certain things and ask the defence expert to withdraw unfavourable results or opinions from their report(s). So, when the public gets to initially hear about the opinion of defence expert witnesses (such as what had occurred here and on ’60 Minutes’ in 2014) it is virtually guaranteed that the opinion will be pitched beyond the actual confidence level of the defence experts. This can then mislead the public, who then in general assume even a higher confidence level.

    It is only during the cross-examination of the defence expert witness that the public learns that the opinion of the defence expert isn’t as strong as it was originally pitched by the defence attorney. A very smart defence attorney (eg Kathleen Zellner of Chicago) leaves it to the Court to tease out any shortfalls in the reports that she submits to the Court. If the Supreme Court Judge (or the prosecutor) doesn’t get expert advice on the submitted defence expert reports then Zellner has a very good chance of getting a retrial for the client. She has been very successful in her approach. I haven’t researched her previous cases but I am on top of her current very high profile case of Steven Avery.

    So, as I stated elsewhere, be sceptical of expert witness opinions. Wait to see how they respond to cross-examination.

  41. Dr Peter Lozo

    July 4, 2018 at 5:27 pm

    Some relevant statements on Vass DNA: primary or secondary

    “Yesterday, Mr Jones was questioned by Neill-Fraser’s lawyer Tom Percy QC and said he believed the DNA was transferred there directly.

    But he told the court today he could not rule out the possibility the DNA got onto the boat indirectly.

    Coates: You said yesterday that if you’d known nothing of the case that it’s likely that it would be a direct transfer. However, you know Ms Vass claims she’s never been on the boat. But you don’t rule out the possibility of a direct transfer?

    Jones: I can’t entirely rule that possibility out but there would need to be specific circumstances for that to occur. There is a possibility of someone transferring it onto the deck. You can’t rule it out”

    http://mobile.abc.net.au/news/2017-10-31/tas-tuesday-hearing-of-neill-fraser-conviction-appeal/9102198

    Scientists, regardless of their field of work, are in a much better position to interpret the opinion of another scientist than non-scientists. Why some individuals on here (most with high school education or non-science tertiary education) seem to think that they can interpret scientific opinions more accurately than a PhD qualified scientist, is beyond me. Just look at the mess that a PhD qualified non-scientist (former legal scholar) made out of his interpretation of the VPFSD report on ’60 Minutes’ in 2014. It led Lynn Giddings to immediately jump up in air with extreme joy, and without hesitation she went online and posted two comments on Barbara Etter’s website. Hurray to Dr Moles for misleading the public on what the VPFSD report said.

  42. Dr Peter Lozo

    July 4, 2018 at 4:01 pm

    For the non-scientific peddlers of jargon:

    It has NOT be proven that Vass DNA was primary, NOR has the secondary transfer be excluded!

    Re-read the cross-examination of the VPFSD forensic scientist, Mr Border.

    If science had evolved to the stage where it can establish whether DNA was primary or secondary then that would be equivalent to a Nobel Prize scientific discovery.

  43. William Boeder

    July 4, 2018 at 3:19 pm

    # Peter Lozo something you don’t realize is that it was you that had initiated the now proven false notion that the DNA found on the Four Winds was by secondary transfer, this goes further to your avoidance of matters in the past that you now tactfully avoid.
    “Classic obviates syndrome” ‘the developed habit to avoid, or the desire not to confront the obvious’ each of these denial impediments will be found peppered throughout your improperly ascertained circumstantial fact files.
    Ultimately your compiled journal of the controversial SNF case history (though assiduously biased) will not present as an accurate journal of events.
    Further important and let you not forget your transgression into dishonesty that had you creating false praiseworthy persons.
    That this falsity had been detected, begs the question, what other beguilements and legerdemain-ing may lay beneath your imprecise journal?
    Given the extent of your prolonging the SNF matter, over the course of your tedious extended commentary in which you had purposefully sought to extend, had been done with the singular purpose to promote your own ideation of events.
    So this proposed journal will not be a true chronological sequence of the SNF case matter, but a preferred model established in the hope to elevate yourself among your scientific colleagues.
    The next action you engage in will be to do a careful copy & paste of your notes of only the material that promotes your ideations and theories then discarding the valid conjectures held in the quantum of opinions submitted by others regarding this forum subject matter.
    Your so-called scientific journal well may end up as nought other than the base product for confetti.

  44. Geraldine Allan

    July 4, 2018 at 1:30 pm

    #651 … onus probandi (shifting the burden of proof)

    Jack: I have tiny, invisible unicorns living in my anus.
    Nick: How do you figure?
    Jack: Can you prove that I don’t?
    Nick: No.
    Jack: Then I do.

    Explanation: Jack made a claim that requires justification. Nick asked for the evidence, but Jack shifted the burden of proof to Nick. When Nick was unable to refute Jack’s (unfalsifiable) claim, Jack claimed victory.

  45. Dr Peter Lozo

    July 4, 2018 at 1:36 am

    If we now combine the above two comments of Lynn Giddings (the leader of the group) posted in 2014, one can conclude that:

    It looks like that after seeing the 60 Minutes ‘Justice Overboard’ program in August 2014, Lynn Giddings was convinced that “it is now known that her DNA was not transferred onto the yacht on someone else’s shoe; she put it there herself.”  and “in any case it would probably be a manslaughter charge.“.

    Lynn wanted the whole world to know what her view was, so she very quickly posted it online. Doesn’t this tell you that Lynn wanted Meaghan Vass to be guilty of something in relation to Bob’s disappearance to the extent that she believed it to be true? A classic example of confirmation bias.

    What we have so far:

    1. Lynn Giddings sufferes from confirmation bias.

    2. Eve Ash suffers from confirmation bias.

    3. Lynn and Eve are two of the most influential people in the SN-F Support Group. Their biases have spread to the rest of the group over the past 9 years or so.

    4. The bias is now too entrenched for the core group of supporters who were influenced by Eve’s documentary (Shadow of Doubt) by the 2013/2014 ’60 Minutes’ program, and by Lynn’s various TT Articles & comments.

    Barbara Etter was too clever and pulled out of the mess soon after Mr Gleeson provided the false affidavit.

    Do you too suffer from confirmation bias, Mr Urban?

  46. Dr Peter Lozo

    July 4, 2018 at 12:59 am

    Here is another post for Mr Urban to digest so that he has a better understanding of the leadership of the SN-F Support Group:

    This was posted by Lynn Giddings on 24 August 2014 (The same day that Barbara Etter created the blog):

    “Having watched Meaghan Vass give evidence in court and be cross-examined, I found some of her statements ambiguous. She told the court she refused to be interviewed about anything to do with this case. When asked if she felt intimidated by the police, she said “Yes, I’ve never dealt with something this large before.” Of course, it was because she offended in the first place that the forensic scientists found their ‘match’ for the unidentified female DNA on the boat, a match we now know was a primary match and not one walked onto the yacht on someone else’s shoe. She agreed a second time that she had refused to be interviewed and that she had said she would tell them nothing. While agreeing that it would have been easy to say to the police, “I’ve never been on board that yacht” instead she took the view, “I’m not saying a word to you police officers.” I am not accusing Meaghan Vass of murdering Bob Chappell, in any case it would probably be a manslaughter charge. But having worked as a probation officer for many years, the body language of Ms Vass left me thinking, I believe she could have told the police more, quite a bit more. As I understand it, I believe there are other unidentified DNAs on the boat.”

  47. abs

    July 4, 2018 at 12:36 am

    Anonymous comment challenged and deleted

  48. Dr Peter Lozo

    July 4, 2018 at 12:02 am

    This paragraph of Ben’s from #13 stuck with me:

    But I will mention something now. The 60 Minutes segment included a tabloid hatchet-job on the homeless girl that was nauseating, and completely unnecessary. I’ve warned about the behaviour of Susan Neill-Fraser’s supporters previously, and pointed out their willingness to blacken anyone and everyone’s name in their crusade, but this was particularly repellent.

    So very true! That was what I experienced, too.

  49. Dr Peter Lozo

    July 3, 2018 at 11:55 pm

    A film critic wrote this in #639 ..

    “It was always – and still is – a mystery to me why some of those who argue against such a review, and maintain their faith in the guilty verdict, have done so with a sneer in their words, an aggression in their comments, a denigration in their view of her ‘supporters’

    Why is that a mystery?

    Just look at what Ben said in 2014 about SN-F supporters, particularly in relation to the homeless girl.

    For goodness sake Mr Urban, haven’t you noticed people’s distaste, particularly my distaste for the way you people, particularly Lynn Giddings, comment about Ms Vass? None of Lynn’s friends here in the SN-F Support Group commented anything about it on TT. Is it a mystery why I consider the SN-F supporters to be a bunch of non-sense peddlers?

    This is what Lynn Giddings posted on 25/08/2014 (soon after Barbara Etter created that blog in August 2014):

    “Interesting that Sue Neill-Fraser had told Detective Constable Marissa Milazzo and Detective Senior Constable Sinnitt that she had been watched tying up her dinghy in the afternoon by a “Girl with dark hair” while “A guy on slipway” was nearby. On the day that Meaghan Vass walked into court, she had dark hair. Could it have been the same girl? When the defence counsel cross-examined Detective Senior Constable Sinnitt, we learnt that, after forensic turned up a DNA ‘match’ for (the homeless girl), she had been residing at a women’s shelter and had requested to be elsewhere for the night of Australia Day 2009. She gave an address on Mount Nelson, overlooking Sandy Bay, for her sleep over. It is interesting that it is now known that her DNA was not transferred onto the yacht on someone else’s shoe; she put it there herself.”

    Just how low did the mother of a prominent Tasmanian politician wanted to go?

    Well, the homeless people have brought to the surface exactly what the SN-F Support Group is about.

    Mystery solved Mr Urban!

    When Lynn a apologises to Ms Vass then the world will be a better place.

  50. Dr Peter Lozo

    July 3, 2018 at 11:16 pm

    #647 … Ciao! 😎

  51. abs

    July 3, 2018 at 9:13 pm

    Peter, your statements are read by myself, and others, as coming from someone who creates fake profiles in order to deceitfully portray support for your opinion.

    Stop and think about that for a second … take your time …

    The ‘silence’ is not due to the content of your posts; it is due to the processes you have engaged while trying to win the debate.

    It seems that you have got yourself into a position where ‘win at all costs’ drives your approach. So often, when your opinions have been challenged, you resort to claiming intellectual authority (which, so often, you do not actually have) and lying (through pretending comments of self-adulation and self-agreement are being made by other REAL people/fake profiles) and flooding threads with information that you have posted repeatedly before. I remember Garry commenting on this offensive behaviour.

  52. Dr Peter Lozo

    July 3, 2018 at 7:47 pm

    That is the whole idea – for someone to silence the nonsense that is promulgated by SN-F’s supporters.

    They are finally getting the message. It took them several years to wake up and realise that it doesn’t matter how many of them peddle the nonsense, their opinions are still a nonsense. So say the Hobart’s homeless whose inventive affidavits hit the SN-F Support Group at its heart!

  53. Geraldine Allan

    July 3, 2018 at 7:27 pm

    #644 … Andrew, mostly that is my approach. Nevertheless, at times the bubble bursts – and it is okay to allow oneself to be human. Furthermore, bullying and gaslighting are never to be ignored, in my book that is.

  54. Andrew L Urban

    July 3, 2018 at 7:16 pm

    #642 Geraldine: Yes, silence can be complicity, depending on the circumstance. But as Max Ehrmann wrote in Desiderata, “Avoid loud and aggressive persons, they are vexations to the spirit.” I take avoid to mean … ignore … take no notice …. and yes, reduce the volume to silence.

  55. Geraldine Allan

    July 3, 2018 at 6:26 pm

    #639 … Onya, Andrew.

  56. Geraldine Allan

    July 3, 2018 at 6:23 pm

    #633 and #637 … Mostly I ignore, for reasons as already stated by others. There are some who now refrain from reading and/or engaging in TT threads when this particular style of biassed nitpicking and at times offensive bullying debate occurs.

    How dare we think for ourselves and challenge self-serving and at times narcissistic posts? Then when we do, the gaslighting starts = grrrrrr.

    It occurred to me that speaking-up was overdue. Thus, on behalf of those others who (i) have turned off and (ii) off-line expressed concern and, (iii) me too, I did. Silence does condone.

    Free speech is one thing; deceptive free speech with narcissistic intention is not to be tolerated/condoned.

  57. Dr Peter Lozo

    July 3, 2018 at 5:11 pm

    #639 … “For all the many details in the case that have been pored over in this thread, none are so compelling as the basics: there is no direct evidence – forensic or physical – linking Sue Neill-Fraser to Bob Chappell’s murder. Speculation is not good enough. The rule of law demands evidence.”

    It is obvious that law demands evidence. However, the law doesn’t require the case to have any direct evidence because the law considers circumstantial evidence as having equal weight. A wholly circumstantial evidence, such as this one, is acceptable by criminal courts. However, it requires inductive reasoning based on a series of circumstances. Thus, it isn’t correct to imply that the case against Sue is speculative. I see a considerable difference between speculation based on sparse data or evidence versus inductive reasoning based on a series of interconnected data points or evidence (in time and/or space).

    Seems to me that you would be willing to accept the guilty verdict in cases where there had been an eyewitness to murder. But eyewitnesses get it wrong! Just read some of the literature on exonerations to see how bad the problem is. Even DNA evidence can be a cross-contamination. Expert witnesses can be wrong in detail (e.g. Dr Manock).

    Having said the above (and many other things on this case since April 2015) I still prefer the appeal to be granted so that the new evidence can be scrutinised more closely to see if any of it meets the ‘fresh and compelling’ requirement. However, I don’t find any of the evidence presented so far to be compelling.

    I don’t mind a Royal Commission into the case as long as Sue gets to tell the review panel her true whereabouts and actions for the missing 5 hours between 4 pm and 9 pm. Playing the game “I don’t have a memory of that afternoon/evening” won’t wash.

  58. Dr Peter Lozo

    July 3, 2018 at 4:03 pm

    Further to #636:

    If the Cheney family takes legal action against Mr Keogh then the level of proof of murder will be lower than what is required in the criminal court. The level of proof that will be required is on the balance of probabilities that Ms Cheney was murdered. Based on the research I did, I believe that this can be met without Dr Manock’s involvement. Dr Manock erred because he did not test the physical plausibility of his proposed drowning scenario in which the deceased was on her back. No-one that I know, other than me, tested the inverse scenario where the deceased was facing downward towards the bottom of the bathtub and was perpendicular to the length of the bathtub. The latter scenario matches the pattern of brusing quite well. But I am not an expert! My (unsolicited) report was submitted to the ODPP and to a forensic pathologist, as well as to the Cheney family in Jan 2015. My understanding was that SaPol got a copy of my report from the ODPP a month or so later.

  59. Andrew L Urban

    July 3, 2018 at 2:31 pm

    In a little over a month, on August 20, 2018, it will be nine years since Sue Neill-Fraser was arrested on the charge of murdering Bob Chappell. On the ninth anniversary of that day, her seeking leave to appeal her conviction will (hopefully) enter its final phase, at the Supreme Court in Hobart, under the recently introduced right to appeal legislation. August is also the fourth anniversary of the articles (by me and commenter Ben Lohberger) that spawned this comment thread.

    Over the years, many have commented here on the case with concern that with such circumstantial evidence as was presented, guilt beyond reasonable doubt was not a safe verdict. They, like me, have always wanted a review – a judicial review of the case which would examine the evidence at the trial, the process at the trial, and the conclusions of the appeals court which did not uphold any of the grounds of appeal.

    It was always – and still is – a mystery to me why some of those who argue against such a review, and maintain their faith in the guilty verdict, have done so with a sneer in their words, an aggression in their comments, a denigration in their view of her ‘supporters’.

    It has been said (by Judge Igor) that the conviction of an innocent person is a catastrophic failure of the legal system. If there is any doubt as the safety of the conviction, it must be addressed. Errors can be made. The system is not perfect, but errors must be corrected as it is vital for public confidence in the legal system that the entire profession and the courts are seen to be willing to address cases where there is not only public disquiet, but evident legal concern in the verdict.

    For all the many details in the case that have been pored over in this thread, none are so compelling as the basics: there is no direct evidence – forensic or physical – linking Sue Neill-Fraser to Bob Chappell’s murder. Speculation is not good enough. The rule of law demands evidence.

    Let us hope that next month the court will grant leave for an appeal, and that the appeal will deliver justice and help begin healing this enormous wound.

  60. Dr Peter Lozo

    July 3, 2018 at 1:27 pm

    This list is from a 2015 presentation by Eve Ash at the CLANT Conference in Bali …

    “Scenarios not excluded

    – Meaghan Vass (DNA found on yacht) & friends

    – Homeless men on foreshore, criminal records

    – Bob Chappell suicide

    – Intentional disappearance

    – Drug smugglers (huge drug bust from same marina Four Winds came from

    – Man who made signi#cant threat “Did bloke on yacht for cash but will do you for free”

    – Weatherbeaten man seen near Four Winds 7.45pm not properly investigated

    – Serial killer (other unexplained deaths)

    – Grey dinghy seen by 4 people and in days leading up to Bob’s disappearance

    – Some unidentifed DNA yet to be matched”

    See: https://www.google.com.au/url?sa=t&source=web&rct=j&url=https://clant.org.au/wp-content/uploads/the-bali-conference/2015/Ash.pdf&ved=2ahUKEwigj8GRhYTcAhWKj5QKHdf_DW0QFjACegQIARAB&usg=AOvVaw2LZPKK7zgidhilrpwYgfdT

    Here I will point out the 7th point on the list. Eve is referring to the eyewitness statement related to there being a sighting of a middle aged person on a light coloured zodiac motoring away from the location of Four Winds at around 7:45 pm – 8:30 pm Australia Day. The statement of the eyewitness wasn’t used at the trial but was provided by the Crown to Sue’s defence attorney.

    The information that Barbara Etter obtained, via RTI in 2014, about this sighting suggested that the cops believed that the sighted person matched Sue. Had the defence attorney felt that the description of the sighted person and the dinghy did not match Sue and her dinghy, then surely he would have used it to raise reasonable doubt. But he chose not to use it. Further, Barbara Etter or her replacement could have filed it under the current appeal.

    Given that Eve Ash, Barbara Etter (and various investigators on behalf of Sue’s defence, such as Colin McLaren) as well as Sue’s current defence team, haven’t at all used the above witness statement to fit into into their theory that someone else boarded Four Winds and committed the crime of murder, can we conclude that they too believe that it was Sue on her dinghy leaving the area of Four Winds sometime between 7:45 pm and 8:30 pm? If so, then their theory that someone else was on Four Winds must have a timeline after 8:30 pm. As someone else wrote on TT a year or so ago, if Vass and her associates had been on Four Winds on Australia Day evening then they would have witnessed a crime.

    Why isn’t the current defence team using the above witness statement to claim that the sighted person could be the real murderer?

    Where is the doubt about Sue’s whereabouts between about 2 pm and about 8 pm?

  61. abs

    July 3, 2018 at 12:13 pm

    Absolutely, Geraldine.

    There is something deeply wrong with his presentation on TT. The construction of fake profiles to deceitfully attempt to create an illusion of wider support for his opinions demonstrates clearly that this is about a fragile ego lacking insight and ethics within shameless self-promotion.

    Additionally, his repeated attempts to present himself as an expert in fields outside of his own area of expertise is (apart from laughable) also unethical.

    For someone who makes self-serving claims of expertise (and thus authority) he rarely backs these with strong evidence. Instead TT is flooded with repeated comments, youtube video links, directions to academics (as if there are only a couple experts relevant to discussed topics) and claims of expertise because a book was read at sometime. In my own areas of expertise (clinical psychology, memory, cognitive neurophysiological psych) I can assure the readers that his comments on these topics present as … uninformed (and that is being generous).

    I would imagine that my views are shared when I observe how most others, who regularly comment on the SNF thread, have ceased engaging with him.

    Others have pointed out how unethical this behaviour is due to the seriousness of the topic, and some have observed what I have, namely his deliberate acts of fake profile creation to give a false impression of broader support. This goes beyond unethical

  62. Dr Peter Lozo

    July 3, 2018 at 10:41 am

    Will there be a legal action taken against Mr Keogh by the Cheney family?

    The Keogh case just doesn’t want to die. Just look at the latest news: https://www.w3livenews.com/News/ReadArticle and https://m.facebook.com/story.php?story_fbid=1886803034956990&id=1534900570147240&_rdr

    Having researched the death of Ms Anna-Jane Cheney, my opinion is that the Cheney family might have a reason to pursue a civil court action.

    It is all unusual the way the new government chose to settle the matter with Mr Keogh.

    Perhaps there ought to be a Coronial Inquest into Ms Cheney’s death. If it is found that Ms Cheney was forcibly drowned (in a different way to what Dr Manock proposed, eg facing down into the water rather than facing up into the ceiling) then the Cheney family ought to pursue a civil action against Mr Keogh. Otherwise, Mr Keogh ought to be compensated.

    The case ended in a strange way because the “key prosecution witness” fell ill, thereby leading the DPP to drop the charges several months before the 3rd trial was to have started. I discovered (from Mr Graham Archer’s book) that the chief defence expert witness in forensic pathology (Prof Pounder) whose opinion I offered a scientific critique on, withdrew from the case for personal reasons.

  63. Dr Peter Lozo

    July 3, 2018 at 9:10 am

    Andrew Urban’s very interesting blog titled “Neill-Fraser: ABC crime report fails fact check”

    See https://wrongfulconvictionsreport.org/2018/07/01/sue-neill-fraser-abc-crime-report-fails-fact-check/

    As it currently stands, there are a total of 9 comments on Andrew’s blog. I will here discuss two of those comments (I will do it here because Mr Urban in general doesn’t approve my comments and hence doesn’t show them on his blog):

    1. “I am shocked that a reporter could get it so wrong, and all the wrongs are against Sue Neill-Fraser. Totally unprofessional.”

    But Rochelle Jackson also stated that the DNA of the homeless girl was confirmed to be primary by VPFSD. Is that not a WRONG that is actually in favour of Sue rather than against Sue? Note that Andrew did not write about that WRONG on his blog.

    The fact is that it has NOT been confirmed that the DNA is primary NOR can the secondary transfer be excluded.

    For those who haven’t heard the podcast here is the link: http://www.abc.net.au/radio/programs/nightlife/crime-sue-neill-fraiser/9923062

    It is very interesting to hear what Richelle said about the police tapes of Sue’s lengthy interviews. Her impression was that the cops were frustrated by Sue’s inability to answer simple questions.

    2. “Through all of this no-one has addressed the issue of how a woman on her own could tip a body out of a dingy without tipping it over! Try it and see, it’s actually near impossible. Given that there is no material evidence inside the dingy, seems like a rather large hole in the case, on a practical level to me.”

    I wonder whether the person who posted this comment looked at the photos of the Four Winds dinghy, particularly the one that shows 5 adults and one child on the dinghy (see the photo on Eve’s pin-up board).

    Has that person given much thought about the subject? Why does the person think it near impossible without tipping the dinghy over? It seems that some people are thinking about aluminium or wooden dinghies whose shape and hence the stability is significantly different (or aren’t aware of how stable the inflatable dinghy is). I tried to get into an aluminium dinghy (from the position of being in the water) and found it extremely difficult because the dinghy would always tip in my direction. But getting into an inflatable dinghy of the type that belonged to Four Winds is relatively easy. No wonder that these days Surf Life Saving Clubs use motorised inflatable dinghies.

  64. Dr Peter Lozo

    July 3, 2018 at 3:51 am

    How confirmation bias and homeless people fooled Australia’s ‘Miss Marple’

    See #160 at http://oldtt.pixelkey.biz/index.php?/comments/55494/

  65. Steve

    July 3, 2018 at 2:33 am

    #631 … Applause from the gallery.

  66. Dr Peter Lozo

    July 3, 2018 at 2:29 am

    The poster singled out in #631 is happy to have contributed to the education of SN-F supporters in a number of technical and scientific areas that are relevant to this case.

    Further than that, he is also happy to educate some of the TT commenters, including the person who posted #631, on how an objective researcher of complex real life murder cases ought to approach the subject to ensure a reliable and objective analysis and reporting. It is written at #163

    http://oldtt.pixelkey.biz/index.php?/comments/55494/

  67. Geraldine Allan

    July 2, 2018 at 11:00 pm

    Digressing from the lead topic and disregarding and excluding poster #630, do other posters here get annoyed at the constant patronising-yet-dumb lectures as to how and why we form/hold certain beliefs, positions and understandings?

    Unrelentingly, evidence here suggests certain ‘talking at us, not to us’ posts have their genesis in erroneous supposition and maybe other idiosyncrasies and traits which contribute to the offensiveness of the inaccurate beliefs being pedalled as knowledge.

    In balance, I afford most of you credit for being able to think for yourselves and offer informed views based on knowledge. Every person is entitled to hold and express reasonable views without constant put-downs, cyber-stalking and harassment.

    The persistent condescending and generally wrong assumptions about how we inform ourselves and why we act as we do, is offensive and gets right up my nose.

    (She wants and needs to use bad language, yet she refrains, as she attempts to retain her dignity.)

  68. Dr Peter Lozo

    July 2, 2018 at 12:57 am

    #629 … It is still true that the prosecution wasn’t arguing that it was Sue’s car, nor were it arguing that it was her in that car at 12:25 am. If your perception is skewed because of your personal issue related to other cases in which Mr Ellis was involved, then learn how to process the evidence in this case without bias.

  69. Geraldine Allan

    July 1, 2018 at 10:43 pm

    #624 … Please refrain from directing any of your comments specifically to me, as I do yours.

    I am not in any need of your blinkered views, and/or suggestions and/or explanations. They are unwelcome and unwanted.

  70. Dr Peter Lozo

    July 1, 2018 at 9:09 pm

    About the accuracy or inaccuracy in Andrew Urban’s reporting:

    I refer to this sentence (on his blog):
    https://wrongfulconvictionsreport.org/2018/07/01/sue-neill-fraser-abc-crime-report-fails-fact-check/

    “It was later revealed that the blood spatter could have been caused by Chappell’s chronic nose bleeds..

    I distinctly recall reading last night that Andrew wrote that it was “confirmed” that the blood was from nose bleeds. Then he changed it to it was “revealed”. Then he changed it to its current version.

    Regardless of which version he’d liked to stick to, I’d like to see a reference that backs up his claim.

  71. Dr Peter Lozo

    July 1, 2018 at 8:53 pm

    In #625, Andrew asks “why refer to the CCTV footage if it has no real evidentiary value?”

    Here is a brief summary of my understanding:

    The significant part of the prosecution case was that Sue kept changing her story and had lied on a number of issues. The prosecution intended to convince the jury that it was so. Part of the prosecution argument was to convince the jury that Sue intentionally lied about her whereabouts and movement on that afternoon and evening/early morning, and that she kept changing her story only after she was confronted with or heard about new evidence. The reference to the CCTV footage was used to argue that Sue admitted to returning to the riverbank that night, but only because and after she would have heard from her daughters that police showed them a photo of a car which the daughter’s thought looked like their mother’s car. Then the prosecution had a more convincing platform on which to argue that it was Sue on that midnight dinghy.

    As for Andrew’s second question: “Likewise, why show the jury a photo of the luminol stained dinghy if there was no blood found in the dinghy?”

    The prosecution case was that it was the Four Winds dinghy that was used to dump the body – partly on the basis that the dinghy was found loose and away from where Sue claimed to have tied it. From the forensic science point of view, it was appropriate for the Crown to present to the jury the results of all the forensic tests that were conducted on the dinghy.

  72. Peter

    July 1, 2018 at 6:07 pm

    I sent a message last night to Rochelle Jackson informing her that there are significant errors in her interpretation of the evidence in this case, and I have referred her to read #618 – #620 above as well as comments at http://oldtt.pixelkey.biz/index.php?/article/snf-top-barrister-handed-over-explosive-file-on-murder-he-didnt-foresee-rea/

    Perhaps she will post a comment on here after she gains a better and more accurate understanding of the case.

    Here is a news footage from the time of the Trial to remind the readers, particularly Andrew Urban, about the evidence of Sue lying before 26th Jan:

    Watch “Neill-Fraser ‘separated’ from Chappell: witness” on YouTube
    https://youtu.be/hkn166eyA00

    I just read the comments on Andrew’s blog. I wouldn’t say that it was revealed that the blood spatter in the cabin was due to nose bleeds. That is an inaccurate statement by Andrew and Jason B. Perhaps they should provide a reference to back up their statement. I note that several people are complaining about Rochelle’s inaccurate statements. So they should. What is interesting to me is that none of them (not even Andrew Urban) had commented so far anything about Dr Moles’ inaccurate statement on ’60 Minutes’ about the VPFSD conclusion on Vass DNA.

  73. Andrew L Urban

    July 1, 2018 at 5:57 pm

    #623 … Yes, quite. Why refer to the CCTV footage if it has no real evidentiary value? Likewise, why show the jury a photo of the luminol stained dinghy if there was no blood found in the dinghy? Suggestions welcome.

  74. Dr Peter Lozo

    July 1, 2018 at 5:14 pm

    Some people have let go of critical analysis and rational reasoning when they jumped onto the MoJ bandwagon in this case. They are filtering the information through a biased and emphatic brain.

    #623 … But the prosecution wasn’t arguing that it was Sue’s car, nor were they arguing that it was her in that car at 12:25 am. Do you get it Mrs Allan? So what is your point?

    #622 … Yes sure. Could it also be that she had a perfect memory but lied because she didn’t think that the cops would have anything to shake her into changing her story. The evidence supports the view that she is a liar: she started lying several weeks before the 26th when she told several men that she and Bob had separated (Rochelle’s understanding of this isn’t quite correct; Sue didn’t say to those maen that she was planning to separate from Bob, but that they had separated).

    I haven’t looked at what other changes you made to the paragraph about the ATM photo, but it is not valid to claim that Rochelle’s statement on this matter was wrong.

  75. Geraldine Allan

    July 1, 2018 at 3:12 pm

    For accuracy of the record and context:
    “not for the jury on a photograph like that with the evidence of the officer who interviewed saying it’s inconclusive, which it is inconclusive, one just has to look at the photograph to draw a conclusion.”

    Extract from Trial Transcript reads: –
    MR GUNSON SC: It was along –
    I remember along Sandy Bay Road.
    But that doesn’t – I mean Sandy Bay Road is a well covered road, I
    mean thousands of cars go up it day and night and any number of
    Ford Falcons would go up it day and night, it’s not exactly some
    unique vehicle.
    HIS HONOUR: What harm does it do your client if she went past the
    Commonwealth Bank at 12:25 rather than some other time?
    MR GUNSON SC: Because her position is that she didn’t go past at
    12:25.
    HIS HONOUR: What was her position in the interview?
    MR GUNSON SC: Wasn’t sure of times, as I read from 601 then, but
    the prosecution would be saying that proves it was her at that time,
    that’s the issue. We know a car, a Falcon, went past at that time but
    the question is was it her car? And it’s not for the jury on a
    photograph like that with the evidence of the officer who interviewed
    saying it’s inconclusive, which it is inconclusive, one just has to look
    at the photograph to draw a conclusion.
    HIS HONOUR: But if it was her car at 12:25 does that link in with
    anything else other than the observation of a person thought to be a
    woman at around 11:30?

    JURY ABSENT
    37
    .STATE v. NEILL-FRASER
    HOBART 21.9.10
    P-37 MR GUNSON SC
    SUBMISSIONS
    JURY ABSENT

  76. Andrew L Urban

    July 1, 2018 at 12:37 pm

    A footnote on memory: during the trial, the DPP had forgotten he had claimed there was blood in the dinghy (in his opening) until reminded by the defence during an exchange with the judge, the jury being absent. Could it have also been unreliable memory that afflicted Sue Neill-Fraser, and not lies?

  77. Dr Peter Lozo

    July 1, 2018 at 1:22 am

    ATM photo and its significance

    I note that Andrew Urban had corrected his understanding of what Rochelle actually said about the ATM photo (from “indentified” to “identical”).

    Here is his whole (current) paragraph on the matter of the ATM photo:

    “WRONG

    Jackson said “the police had security footage of a car identical to hers passing a local bank after midnight, which of course was when she claimed she was in bed.” This was clearly meant to suggest that it was Neill-Fraser’s car. Why else refer to it? The security footage was never shown to the jury. In the footage, according to Jennie Herrera, President of the Sue Neill-Fraser Support Group who has seen it, the number plate is not visible; the driver is not visible; the car’s make and model is difficult to identify. “it requires a leap of faith to determine that the vehicle was a Ford Falcon of which there are hundreds, probably thousands, in Hobart,” says Herrera.”

    Does it really matter whether it was Susan Neill-Fraser’s car or Peter Lozo’s car given that all Sue knew was that police had an ATM photo of a car that her own daughters thought looked like their mother’s car? Sue did not see the photo and would have been told about it by her daughters.

    Sue could have stuck to her original story that she did not go out that night. The Crown case at the trial was that Sue would have been informed by her daughters about the photo and that this information then led Sue to change her story by first telling Anne (Bob’s sister) via a phone on or about 8th or 10th March, that she did in fact go out late that night.

    Here is the sequence of relevant events:

    1. 5th March: Sue’s daughters shown the ATM photo;

    2. 8th or 10th March: Sue has a phone conversation with Bob’s sister; said she drove down to river then drove back home;

    ****************   new evidence  emerges     *******
    3. 11th March : Police media release about a dinghy spotted late at night;
    ****************   new evidence  emerges    *******

    4. 13th March: Sue speaks to the radio reporter; says she drove down to the river then drove back home; mentions that she saw homeless people with fires while down there.

    5. 23 March : Sue has a phone conversation with Bob’s sister; said she drove down to the river, left her car there and then walked back home.

    6. 5th May: Police interview Sue; Sue said she walked to the river to pick up her car from there but on arriving there she found she had farm keys and not the car keys and had to walk back to Allison Street to collect them and return once again to the car. Sometime later she drove home.

    Now we can see the significance of the ATM photo, and the significance of the midnight eyewitness, in causing Sue to change her story several times.

    See more at #578.

    http://oldtt.pixelkey.biz/index.php/article/tim-ellis-and-the-australian-womens-weekly-

    I am trying to understand why some people misinterpret what the Crown was trying to say about the significance of that ATM photo.

  78. Dr Peter Lozo

    June 30, 2018 at 10:17 pm

    #618 … The actual word used by Rochelle Jackson was “identical”. For some reason you misinterpreted her statement to mean “identified” .. and then you went off at a tangent.

    My guess is that you were not in an unbiased state of mind when interpreting Rochelle’s statements.

  79. Dr Peter Lozo

    June 30, 2018 at 10:02 pm

    #618 … Andrew, yes she made several errors. You noted some of them. You did not note her error when she said that VPFSD confirmed the DNA to be primary. The fact is that VPFSD did not confirm it to be primary nor could it exclude the secondary transfer.

    To me it all comes down to whose information people rely on, and how they interpret that information.

    I bet that you did not notice the error in your own interpretation of what she said about the ATM photo of the car.

    You wrote “Jackson said “the police had security footage of a car identified as hers passing a local bank after midnight, which of course was when she claimed she was in bed …”

    But she did not say that the car was “identified”! Please listen again at around the 9 minute mark.

    Why do you think I keep stressing that the case details be correctly reported by going to the original source rather than relying on reporters, journalists, etc? Your own reporting and interpretation needs more attention to detail and accuracy.

  80. Andrew L Urban

    June 30, 2018 at 7:19 pm

    It is disturbing when a crime reporter gets crime reporting wrong, as did Rochelle Jackson on ABC Radio’s Nightlife with Suzanna Hill on June 28, 2018 while talking about the Sue Neil-Fraser case. Among several other errors of fact, Jackson reported that ‘forensic investigators found some blood in the dinghy.’ Not even the prosecutor believed that. See my full report at: https://wrongfulconvictionsreport.org/2018/07/01/sue-neill-fraser-abc-crime-report-fails-fact-check/

  81. Dr Peter Lozo

    June 30, 2018 at 6:42 pm

    A reminder of Eve Ash’s words on Ch 7’s ‘Sunday Night program’ July last year:

    https://m.facebook.com/story.php?story_fbid=1685739858103588&id=198416696835919

    Will the truth come out by allowing such nonsense to be shown on a national current affairs program?

    Eve Ash isn’t just a documentary maker. She is a psychologist. As such, it was inappropriate for her to go on a national current affairs program to say that “the girl on the boat holds the key to this”. Just look at the nasty Facebook comments about Meaghan as a result of people being led to believe that she was in some way involved or knew what happened. Did it occur to Eve that perhaps Meaghan was coerced into a false affidavit? Did it not occur to Eve that Meaghan might be the subject of on-line bullying? Did it not occur to Eve that something was odd when Mr Gleeson, on 8 May 2017, provided an affidavit that contradicted what he told TasPol in 2009, and what he told Barbara Etter in September 2016?

    Here are the words of a security expert who was approached by Sue in 2009 to investigate the alleged drug link to the yacht:

    “I spent two hours with mother and daughter when they wanted to hire me to investigate the alleged drug link to the yacht. I am very confident in the verdict and I am not surprised in the least at this new development.”

    “She had no problem walking. My office was on the 3rd floor (stairs only) of an inner city office. Of all the stories she told me, an inability to lift or walk was not one of them.”

    https://m.facebook.com/comment/replies/?ctoken=1150745768402395_1151011261709179&ft_ent_identifier=1150745768402395&gfid=AQDhm_A5g3f6sAIz

  82. Simon Warriner

    June 30, 2018 at 2:17 pm

    Re #615 … I second that!

  83. abs

    June 30, 2018 at 1:26 pm

    #614 … and yet you created a bunch of fake profiles to deceive readers into thinking that your positions were supported by others …

    You have been seen for what you are by sensible people here.

  84. Peter

    June 30, 2018 at 2:05 am

    #615 … Impartial Rationalisation about and Interpretation of the facts or presumed facts. That is the way I was taught, trained and practised.

  85. Steve

    June 30, 2018 at 1:52 am

    614 … Peter, I’m sure whatever eventuates you’ll always remain the detached scientist, solely interested in the facts.

  86. Dr Peter Lozo

    June 29, 2018 at 11:08 pm

    Who is laughing at whom?

    Andrew Urban wrote a TT Article titled “Justice system would be a ‘laughing stock’”. See here: http://www.oldtt.pixelkey.biz.au/index.php/article/justice-system-would-be-a-laughing-stock

    The first sentence of the Article starts as follows:
    “Tasmania’s justice system will be “a laughing stock”, if calls for an independent review of the Sue Neill-Fraser murder conviction are refused, Chester Porter QC told a public forum in Sydney last week, ..”

    The above was written almost 5 years ago. With the charging of three people and the recent sentencing of Mr Gleeson (see http://oldtt.pixelkey.biz/index.php?/article/supreme-court-of-tasmania-comments-on-passing-sentence-/) it now looks more like that the Tasmanian Government and TasPol is laughing at the silliness of Robert Richter and Eve Ash when they submitted their 25 page dossier about a year ago. Richter and Ash got duped by a trio of homeless and/or troubled and uneducated people. Richter and Ash were also duped by a lawyer who was not authorised by Barbara Etter to work on the case. Eve Ash, and the rest of the SN-F supporters, got duped by SN-F. The public is likely laughing at Ch 7’s ‘Sunday Night’ program for airing a program that we now know to have been based on false affidavits. Some of us are laughing at the ‘explosive’ way Andrew Urban wrote about Vass DNA in the above Article. Some of us are laughing at Dr Moles’ interpretation of the VPFSD forensic science report on Vass DNA in 2014 when he featured on the ’60 Minutes’ program.

    Is this the beginning of the end for the Susan Neill-Fraser Support Group? Are we witnessing an implosion that started soon after Mr Gleeson’s false affidavit was obtained by a lawyer who was not authorised by Barbara Etter?

    The SN-F Support Group is probably still shell-shocked and is recovering from the shock revelation that Mr Gleeson was indeed drunk and asleep, and that he did not see Ms Vass that night. No-one can place Ms Vass in Sandy Bay that night or at any other time of relevance.

    Eve Ash, Robert Richter and Colin McLaren must be thinking hard about how they got duped by a trio of homeless and/or troubled and uneducated people, and by one lawyer who was not authorised to work on the case when he obtained Gleeson’s false affidavit.

    Barbara Etter quit within weeks of Gleeson’s false affidavit. Mr Richter moved onto another case. Mr McLaren skipped the country.

    But what is Eve Ash going to do after such a major blunder? She even appeared on a TV current affairs program in July last year. Perhaps the time has come for Eve Ash to admit her error, apologise to Tasmanians and drop out of any further involvement in this case. She has totally lost sight of objectivity by being obsessed with proving Sue’s innocence and/or unsafe conviction.

    We are now waiting to see how the repercussions of what was recently learned, via the sentencing of Mr Gleeson, will be written about by Andrew Urban on his wrongful convictions report blog.

  87. Dr Peter Lozo

    June 23, 2018 at 5:49 am

    Clarification to my #612:

    Where I wrote that “TasPol wasn’t duped by SN-F” I was referring to the time period of 2009. The rest of that sentence referred to the events related to the false affidavits that were part of Mr Richter’s ‘white paper’ which was handed to the Tasmanian Government in May 2017. Thus, I am not implying that SN-F had anything to do with influencing anyone to provide or sign false affidavits (I thought it best that I clarify this given that some people could misinterpret my sentence in #612).

    In another TT post, I concluded that Mr Gleeson’s affidavit of May 2017 is most likely at the root of the reason why Barbara Etter quit SN-F’s legal team in June 2017. See #10 http://oldtt.pixelkey.biz/index.php?/comments/45619/

  88. Dr Peter Lozo

    June 23, 2018 at 1:50 am

    #611 … I don’t get why Andrew Urban is misleading the public by deliberately suppressing from his blog the portion of the statement by Mr Hughes that does not match Mr Maddock and his dinghy. It has nothing to do with “beyond reasonable doubt” or my understanding of the term.

    There is no mention in my #610 of guilt, innocence, doubt, etc. I don’t get why you were compelled to respond to my #610 with such a non-relevant question addressed to me. If the rest of the Tasmanian population had your level of reasoning then the whole state would have blindly jumped onto the Miscarriage of Justice bandwagon. They would be as confused as you and the rest of the SN-F Support Group are. Eve Ash, Colin McLaren and Robert Richter got duped by a trio of homeless and/or troubled and uneducated people, but TasPol wasn’t duped by SN-F nor by those who conspired to help her cause (or their own cause) by either eliciting or by signing false affidavits.

    If Mr Urban wants to provide the public with his interpretation then the public needs to know what is it that he is interpreting so that it can check his interpretation. In this instance he is intentionally suppressing information that does not agree with his view. I say deliberately because he had previously read my earlier post on this issue and had made a small correction to his original version. He is thus well aware of what Mr Hughes stated but isn’t willing to put it up on his blog. That is a deliberate attempt to mislead the public about the Crown’s case that it was Sue on her dinghy who was seen by Mr Hughes. Note that I said “Sue on her dinghy”.

  89. Steve

    June 23, 2018 at 1:12 am

    #611 … More bollocks, Peter. Andrew is suggesting an alternative interpretation of evidence.

    What part of “beyond reasonable doubt” do you not get?

  90. Dr Peter Lozo

    June 22, 2018 at 11:16 pm

    Deliberate misinformation on Andrew Urban’s blog

    https://wrongfulconvictionsreport.org/2017/11/04/sue-neill-frasers-final-appeal-part-1/

    Andrew Urban was informed (at #568 above) about the misleading information he had posted on his blog. He has since made a small change to his blog, but he still chose not to include the full set of relevant and important details about what John Hughes claimed to have seen and heard around midnight of the Australia day 2009.

    The blog is misleading the readers by suppressing the fact that the person Mr Hughes saw was on an inflatable dinghy and that he had also heard the dinghy’s overboard motor. Mr Hughes used two senses to perceive: vision and audition. He described what he saw. He described what he heard. The blog is misleading the public by emitting two crucial parts of his statement. Mr Hughes stated that he saw an inflatable dinghy. Mr Hughes stated that he heard the dinghy’s overboard motor. Had Mr Urban included this information in his blog then the reader would be in a better position to assess whether or not it was Mr Maddock who was seen by Mr Hughes, given that Mr Maddock’s dinghy is a wooden dinghy and that it did not have a motor on the night in question. By omitting the above details, Mr Urban is deliberately attempting to mislead the reader.

    This is the relevant paragraph’s from Mr Urban’s blog:


    Grant Maddock, an artist but coming from a family of sailors, and who lives on his yacht, provided evidence that perhaps explained eye witness evidence at trial in which local man John Hughes had claimed to have seen a female figure in a dinghy heading in the direction of the Four Winds sometime before midnight. The slightly built Maddock (56 kg at the time) had long hair in 2009, and his silhouette at night could easily be mistaken for female. Percy produced a telling 2009 photo of a long haired Maddock sitting in his dinghy. His evidence was also corroborated by veteran sailor, John Brettingham-Moore, who was coming in towards the marina on his motor boat at that time and was offered assistance by Maddock in his dinghy.

    It is obvious that Mr Urban is attempting to liken Mr Maddock’s stature and appearance (size and shape) to the ‘female figure’ portion of Mr Hughes’ statement at the Trial, but he deliberately omitted anything about the features of the dinghy that could help the reader to make a better informed decision.

  91. Andrew L Urban

    June 7, 2018 at 2:19 pm

    For the information of those interested, a Wrongful Convictions Report has just published a profile and history of the Sue Neill-Fraser Support Group by the group’s president, events co-ordinator and myself. It’s worth reading here: http://wrongfulconvictionsreport.org

  92. William Boeder

    May 4, 2018 at 6:56 pm

    Dr. Peter Lozo, I will ask you the same question I had directed to yourself in a prior comment: are you working on the SNF case on behalf of a Tasmanian government department or perhaps some other person’s interests?
    You have become zealously obsessed in this case where you speak as though you are the over-riding authority in every facet of this still contentious SNF case matter.

    I quote the statement of a well regarded though now retired senior lawyer from Devonport Tasmania, a practiced man, who went on to advise me that there is no such creature as a perfect winnable legal case. It is important to differentiate this man as he is one of a small handful of legal practitioners in this state who dwelt high above this state’s networking brotherhood of untrustworthy legal bulldogs. I would like to refer the entirety of this blog to my Mr.G .. and have him assess your obvious bias held in some 50% of the 600 or more of your comments that have been submitted to this subject, and ask him for his own sharply honed perspective.

    I foresee that your persistent bias in this case would soon be identified by my Mr. G ..

    As for your own seemingly perfect assumptions, I advise that there can be no bias permitted in a case brought before any Australian law-court.

    Notwithstanding that here in Tasmania, the ‘exclusive’ judiciary bias can quite easily be recognised as a living beast, even in the most inconclusive litigations initiated in Tasmania’s Supreme Court.

    One of the most preferred means of exercising bias in this State is the withholding of vital evidence documents, given that such withheld evidence will in all likelihood completely reverse or cancel out the incorrectly submitted verbal state evidence.

    I cannot provide any of the prior case details as my revealing further details of the prior case I speak of will draw the wrath of this state’s judiciary in its claiming I have breached a confidentiality provision (as has now recently been legislated as an enforceable action) whereby a 3rd party external to a non-public Supreme Court case dare not question a Tasmanian Supreme Court’s pre-determined heavily biased decision.

    The case that I have averred to just above had me carefully reading the entire transcript for a proper evaluation, and this accordingly revealed that no evidence at all was submitted in the best legal interest of the citizen’s rights that were in dispute in this matter during this Supreme Court non-public hearing that had been initiated on behalf of this state’s Public Trustee.

    I am unable to reveal any further verifying details as this would incur substantial penalty units should I do so.

    So it is here that I declare to you, Dr. Peter Lozo, that you appear to be invincible against all other privately held public opinions.

  93. Dr Peter Lozo

    April 8, 2018 at 5:05 pm

    Here is another statement made by Cox in #234

    “And are their any investigative journalists in Tasmania delving deeper than press releases and absurd public statements from lawyers who really should know better.”

    We now know that the DPP lodged a complaint to the Legal Profession Board against Barbara Etter for her statement on the 60 Minutes program about there being no blood in the dinghy. Given that the jury was not told anything about there definitely being blood in the dinghy, I am not sure why Etter made a point about there being no blood in the dinghy. It is as if she tried to imply that the Crown made an error of some sort related to the tests for blood in the dinghy.

    I looked at the Trial Transcript to see exactly what the prosecutor stated. Here is the relevant part of Mr Ellis’s opening statement: “But the tender itself was also subjected to a screening test for blood called luminol, and what happens with luminol is you put it – you put it on objects where there might have been blood and turn off the lights and it gets lum – it goes luminous in the presence of blood, and so that reacted quite strongly, the tender and the inside of the tender for the presence of blood, and swabs taken from the tender were found to match, with a high degree of probability, Mr Chappell’s DNA. But on the other hand another screening agent for blood taken on that tender showed negative and one of the forensic scientists looked under the microscope to try and find some – what they look for is red/brown indications of blood and couldn’t find any, so some indications of blood, his DNA, but others – others, no.”

    The above is from TT 71/15-30.

    It is clear to me that Mr Ellis did not say to the jury that there was definitely blood in the dinghy. Perhaps he should have qualified his statement with a more obvious and easy to interpret statement such as: ‘there was no scientific proof of blood in the dinghy’.

    I don’t see how and why Andrew Urban would say that the Tasmanian judicial system brought itself into disrepute.

    Based on my own research and understanding I concluded that there is a lot of misconception in the SNF camp about a lot of things (the limitation of forensic science regarding DNA – primary or secondary transfer; the observation of the nature of luminol reaction by a naked eye; whether white dinghy can be perceived to be grey under the relevant viewing conditions; about memory and confabulation; about the mechanics of yacht winches and the significant mechanical advantage provided by a winch; etc.

    I would say that the Shadow of Doubt documentary and the 60 Minutes program on this case had contributed to a lot of unrest in the community. I think that the statements by Etter and Moles on 60 Minutes, and by Ash on last year’s Ch 7 Sunday Night program, would have had a significant influence on people’s perception of this case and on their perception of the Tasmanian judicial system.

  94. Steve

    April 8, 2018 at 5:04 pm

    #603 … abs. What a nasty suspicious mind you have ..

  95. abs

    April 8, 2018 at 4:11 pm

    Steve, of all the things you have posted, the two most apt are these little snippets ..

    ” .. again shared a distinctive writing style …”

    “a deliberate attempt to deceive”

  96. Dr Peter Lozo

    April 8, 2018 at 3:02 pm

    As a scientist for over 3 decades I conclude that the posts written by a “John Cox” are written by someone who knows a lot about forensic science. I did not need his opinion to know that I knew enough about forensic science to state that it is not scientifically possible to determine on the basis of Vass DNA volume and its digital profile whether the deposit was made directly by her or by another person. That was my opinion right from the beginning even before Cox commented on this case. I recall referring your further questions on luminiol and DNA to him.

  97. Steve

    April 8, 2018 at 2:34 pm

    #600 … On what do you base your trust that Cox is a scientist, if you believe he did not give his correct name?

    From where I stand, if you give an apparently correct name, christian and surname, a location and a qualification, you are attempting to convince others that you are not an anonymous poster. If these are false, I consider it a deliberate attempt to deceive, especially if you use the authority of the qualification to disparage other professionals.

  98. Dr Peter Lozo

    April 8, 2018 at 1:45 pm

    #598 … I trust that Cox is a scientist but am not sure that he gave his real full name. What he said made scientific sense. He seems to know the field of forensic science far better better than I and seems to be sitting in a neutral position.

    Anyway, any scientist (particularly a forensic scientist) ought to be able to tell whether the current state of the art forensic DNA science can distinguish between a primary and a secondary transfer of DNA based on the volume and it’s digital signature.

  99. Dr Peter Lozo

    April 8, 2018 at 1:33 pm

    Searching for the scientific truth: lividity

    It would be most interesting if Andrew Urban were to compare Prof Henneberg’s opinion to Keogh’s Stat Dec and court statements to see whether Graham Archer was correct in his summary of Prof Henneberg’s opinion, and then report to us what he had discovered.

    Prof Henneberg features in this 2004 Today Tonight program:

    https://youtu.be/nY5-ZNgZUvQ

    Prof Henneberg indicates on the program how the body was slumped based on his analysis of the facial lividity that he saw in the photograph. He indicated that the body and the head must have been slumped towards the LEFT side (he verified this to me when I made an email inquiry with him in mid 2014). Andrew Urban, if interested in the truth as implied by the gravitational effect on blood flow after death, ought to get a copy of the Trial Transcript and check whether Keogh stated he found the body of Anna slanted to the left or to the right.

    Then I suggest that Mr Urban reads the 2004 Report by Prof Thomas to see how that compares with Prof Henneberg’s opinion.

    Question for Mr Urban: Do the 2004 opinions of Prof Henneberg and Prof Thomas contradict Keogh? Have these two professors discovered forensic evidence in 2004 against Keogh without their awareness because neither paid attention to what Keogh had stated during the trials?

    Wouldn’t it be quite remarkable if two medical professors who in 2004 gave expert opinion on behalf of Keogh had in fact between themselves discovered forensic evidence against Keogh?

    I saw something that Mr Archer and Dr Moles didn’t see in the 2004 opinions of Prof Henneberg and Prof Thomas because as a physical scientist I understood the gravitational effect on blood flow (during life and after death, so was paying careful attention). I took notice of what the two medical professors stated in 2004 about their observation of the photo’s of the deceased’s face and torso.

  100. Steve

    April 8, 2018 at 12:20 pm

    #596 … Not sure what you are getting at here Peter, but if someone posts as “John Cox, retired forensic scientist” they are attempting to argue from authority. They are saying that they are an expert in an area and their opinion should carry more weight than an anonymous poster, such as myself.

    If they then go on to disparage the work of other professionals and suggest “they go back to forensic school” it is reasonable to question who they are and their qualifications to make such a judgement.

    In your comment at #593, you are using “John Cox” as an authoritative reference, and yet you appear to also have no idea who he is.

  101. Steve

    April 8, 2018 at 11:55 am

    Out of interest, perhaps I’ll contact Ken Cox and ask if he ever contributed to this discussion. Seems unlikely someone would alter their christian name but not their surname.
    Of course, there’s also “Jane”, the “retired neuro psychologist” who again shared a distinctive writing style and faded in and out of these pages.
    Actually, this writing style must be a common thing as there’s quite a few others with it. Not sure if they are retired or not but they are distinguished by having made no previous history of posting on TT and make their anonymous debut on specific topics.

  102. Dr Peter Lozo

    April 8, 2018 at 12:37 am

    Does the evidence so far suggest that the Australian crusader of Miscarriages of Justice misrepresents forensic expert opinions and is willing to smear the reputation of a former forensic pathologist by referencing that person’s recent private life? Is that the way one should seek the truth and justice, or is that the way one aims to influence people’s perception towards accepting a certain viewpoint of that person? Is that a sign of a professional?

    It is one thing to critique the professional work of another person by analysing that person’s work, but when one unnecessarily ventures into that person’s private life at the same time then the question arises about the motive.

  103. Dr Peter Lozo

    April 8, 2018 at 12:34 am

    I couldn’t find a John Cox of Brisbane who is a retired forensic scientist. There is a Ken Cox who is a retired forensic scientist who was working in Brisbane.

    While the DNA interpretation and testimony of Cox was accepted by the Queensland court that put Marc Renton away for 14 years, the Catalyst program uncovered another disturbing factor – the DNA evidence presented at Renton’s trial could also implicate 94 per cent of the white Australian population who would have DNA that would fit into those four peaks. “A Shadow of Doubt” was again re-televised in late 2002, and shortly after the program went to air Ken Cox ceased working at the John Tonge Centre (JTC), Queensland’s DNA laboratory, and retired from the field of forensic science.

    http://www.onlineopinion.com.au/view.asp?article=3251

  104. Steve

    April 7, 2018 at 11:37 pm

    #593 … For general information, the “retired forensic scientist from Brisbane” referred to in Peter’s post is one “John Cox”.

    He’s a very private scientist, having apparently never published any papers or been mentioned in any newspaper articles. This of course means nothing as lots of people retire to Queensland from other locales, but he does have a quite familiar writing style…
    Of course there’s also “Dr John TP, physicist” but I can’t recall if he was retired or not.

  105. Dr Peter Lozo

    April 7, 2018 at 3:05 am

    For the final prelude to my last two parts on the way Dr Moles interprets the opinion of medical experts and forensic scientists, I refer readers to the following comments by a retired forensic scientist from Brisbane:

    #586 http://www.oldtt.pixelkey.biz.au/index.php/article/tim-ellis-and-the-australian-womens-weekly-

    #231 and #234 above, particularly this part of #234 [my emphasis is shown in bold]:

    “I am also puzzled by the focus on the forensic evidence in this case, which really didn’t have anything useful to say (especially given that apparently the “crime scene” was not properly preserved in the first place). There was no evidence of a violent attack (especially given Bob’s history of nose bleeds) and no confirmation of human blood in the dinghy (surprising if the dinghy was used to remove a bleeding body).

    Even if there were traces of blood in the dinghy, so what, it could have been another of Bob’s nose bleeds, or non-human blood (ever seen the state of jetties around Australia awash with blood from fish having been gutted and cleaned?). And why didn’t the defence seek to exclude the luminol evidence if it was more prejudicial than probative? (http://cdn-src.tasmaniantimes.com.s3.amazonaws.com/files/Transcript_Complete.pdf).

    Or turn it all around – isn’t the lack of confirmed blood in the dinghy exactly the evidence the defence would want in the trial? Doesn’t this support their case much better than the prosecution scenario?

    But the subsequent misrepresentation of an independent forensic report from Melbourne on 60 Minutes takes this all to a bizarre new level.”

    Thus, I am not the only scientist to say or imply that Dr Moles’ interpretation of the VPFSD report on Vass DNA is incorrect and absurd. His statement on 60 Minutes would have had considerable influence on people’s incorrect perception of the case.

    Just take a look at what a fine standing citizen of Hobart posted on Barbara Etter’s website shortly after the 60 Minutes program ‘Justice Overboard’ was aired in 2014:

    This was posted by Lynn Giddings on 24 August 2014 (The same day that Barbara Etter created the blog):

    “Having watched Meaghan Vass give evidence in court and be cross-examined, I found some of her statements ambiguous. She told the court she refused to be interviewed about anything to do with this case. When asked if she felt intimidated by the police, she said “Yes, I’ve never dealt with something this large before.” Of course, it was because she offended in the first place that the forensic scientists found their ‘match’ for the unidentified female DNA on the boat, a match we now know was a primary match and not one walked onto the yacht on someone else’s shoe. She agreed a second time that she had refused to be interviewed and that she had said she would tell them nothing. While agreeing that it would have been easy to say to the police, “I’ve never been on board that yacht” instead she took the view, “I’m not saying a word to you police officers.” I am not accusing Meaghan Vass of murdering Bob Chappell, in any case it would probably be a manslaughter charge. But having worked as a probation officer for many years, the body language of Ms Vass left me thinking, I believe she could have told the police more, quite a bit more. As I understand it, I believe there are other unidentified DNAs on the boat.”

    This was posted by Lynn Giddings on 25 August 2014 on another blog by Etter (The blog was deleted by Etter about 18 months ago):

    “Interesting that Sue Neill-Fraser had told Detective Constable Marissa Milazzo and Detective Senior Constable Sinnitt that she had been watched tying up her dinghy in the afternoon by a “girl with dark hair” while “A guy on slipway” was nearby. On the day that Meaghan Vass walked into court, she had dark hair. Could it have been the same girl? When the defence counsel cross-examined Detective Senior Constable Sinnitt, we learnt that, after forensic turned up a DNA ‘match’ for Meaghan Vass, she had been residing at a women’s shelter and had requested to be elsewhere for the night of Australia Day 2009. She gave an address on Mount Nelson, overlooking Sandy Bay, for her sleep over. It is interesting that it is now known that her DNA was not transferred onto the yacht on someone else’s shoe; she put it there herself.”

    Looks like that after seeing the 60 Minutes ‘Justice Overboard’ program, Lynn Giddings was convinced that “it is now known that her DNA was not transferred onto the yacht on someone else’s shoe; she put it there herself.” and “in any case it would probably be a manslaughter charge. “. Lynn wanted the whole world to know, so she very quickly posted it online. Doesn’t this tell you that Lynn wanted Meaghan Vass to be guilty of something in relation to Bob’s disappearance to the extent that she believed it to be true?

  106. Dr Peter Lozo

    April 7, 2018 at 12:37 am

    As a prelude to my last two parts on the way Dr Moles interprets the opinions of medical experts and forensic scientists, I refer the readers to this TT article: http://www.oldtt.pixelkey.biz.au/index.php/article/sue-neill-fraser-and-dr-bob-moles-

  107. Dr Peter Lozo

    April 6, 2018 at 11:33 pm

    I have read almost all of Dr Moles’ attacks on Dr Manock. I am reasonably sure that I read all of Andrew Urban’s comments on the Keogh case, and the Neill-Fraser case. But nowhere did I read Andrew Urban questioning whether Dr Manock’s private life in the years following the conviction of Mr Keogh in 1995 had anything to do with the evidence he presented in any of the cases before he retired in 1995.

    Why on earth did Dr Moles think it relevant, and professionally appropriate, to include the following sentence in what appears to be a legal paper on miscarriages of justice? You call that a professional paper by a former legal academic?

    “It was also revealed that Dr Manock had recently become engaged to ‘Mistress Gabrielle’ who appears to be a prostitute who specialises in sado-masochistic practices.”

    http://netk.net.au/MOJGeneral/MOJ11.pdf

    As for the apparent perception of self-promotion: perhaps it is part of a book deal that might attract a movie producer! What was Dr Moles doing all these years since he left an academic career? Dr Moles provided online opinions on scientific matters. So did I, the only difference being that he is not a scientist but a PhD in law, and I am not a lawyer but a PhD in science.

  108. Dr Peter Lozo

    April 6, 2018 at 10:37 pm

    Dr Cheney saw his daughter’s dead body laid out flat on her back on the bedroom floor. Had his daughter had a facial swelling (as was claimed for the first time about 10 years after the death in 2004 by Keogh’s defence team; and by Prof Thomas and Prof Henneberg) then Dr Cheney would have been the best eyewitness who could have testified as to whether or not his daughter’s dead face showed any sign of swelling.

    “Prof Thomas also reiterated evidence he gave earlier this year, that photos of Ms Cheney taken postmortem showed her face to be swollen, swelling which was unlikely to have been caused by resuscitation attempts.”

    http://www.adelaidenow.com.au/news/south-australia/a-second-expert-flinders-university-professor-anthony-thomas-criticises-annajane-cheneys-autopsy-processes/news-story/38eed223cfdcb8700226f3ba5d7d9629

    Check out Prof Henneberg’s televised opinion in 2004:

    Watch “Keogh – new revelations 12 July 2004” on YouTube
    https://youtu.be/nY5-ZNgZUvQ

    The defence was intending to argue that facial swelling was a result of a fatal reaction to Hismanal medication. Hence why the DPP needed to prove BRD that medication had nothing to do with the death and that the facial swelling was not present to any noticeable degree. Hence why Dr Cheney would have been a key witness had the trial proceeded.


    PS:

    Q: How many SNF supporters are required to challenge one physical scientist from Adelaide?

    A: Infinite (because they are all non-scientists and have not a single clue what science can and cannot do in this SNF case).

  109. garrystannus@hotmail.com

    April 6, 2018 at 8:45 pm

    #583 …Hear, hear!

  110. William Boeder

    April 6, 2018 at 8:02 pm

    #53 … Well presented Andrew.

    Peter Lozo, now what the Dickens does the line of sight alleged to be the direction of the vision of Mr. Cheney, have to do with the guessed at scenario, or the price of fish?
    Could you please explain the significance of your reasoning about the line of sight? Are you suggesting he allegedly sought to drown the feet of this now deceased?

  111. William Boeder

    April 6, 2018 at 7:51 pm

    #582. So, George Harris, I see you have found yourself with nothing to do nowadays since your connections and cronies lingering within your former Forestry Tasmania rat-pack chummy wheelers and dealers.
    Surely you recall our conversations and your tales told “out of school” back in those earlier times when Forestry Tasmania had all of its freeloaders on the F/T payroll.
    Do please be aware that I have kept quite silent about your many openly revealed facts relating to forestry acquisitions and various secret herbs and spices dealings that you had revealed to me during our private discussions.

    I too can play your game relating to your comment above. It is reminiscent of a bygone era when drivel and disparagement were your main lines of defense against the facts of others regarding truth and your borderline activities, this may also be the reason for that matter between you and the brotherhood of fellow wood craftsmen down your way in that they now look elsewhere for trustworthy persons and craftwork companions.

    This former Forestry Tasmania reckless gay abandon and negligent loss-making madness is now no longer the huge burden it had become back in those former colluding and secretive-dealing days.
    Your knowledge of those that were in the forestry racket during the earlier days of the State Labor government of Lennon and even Lara, who had to rely on the Giggler for advice relating to forestry matters (she who had also received his tutelage about how to chase a fish by Bryan the Giggler, during their former fishing trip and forays together up and around the fishing huts of Tasmania’s Central Lakes region) may have gained some mild understanding of the notorious indulgences during that Forestry Tasmania era.
    That’ll do for now George, you’ve had your jibe so let matters rest.

    Now Peter Lozo: Best you be aware of the vicarious prejudice demonstrated by you in your comments that sees you meddling with the minds of people then of your incursions and trespass upon the professional standing of others who are held in far higher esteem than yourself may currently have you placed at the extreme end of the chain of credible certainty.

    Given your interpretations of forensic findings, this pursuit of yours would hasten to have this specialist field of study relegated to the inexact fields of scientific guestimation and uncertainty, that bedevils both Psychiatric assessment and study, also psychologic assessment and study.
    http://www.crownlaw.tas.gov.au/__data/assets/pdf_file/0011/329699/Guidelines_for_the_Disclosure_of_Communications_protected_by_Client_Legal_Privilege.pdf

    Your prejudice to the findings of Dr. Moles and his acclaimed associate Ms. Bibi Sangha is dangerous ground for you to be trespassing on, simply so that you might elevate your lesser credibility recognised self when you are upon that higher ground that you have chosen to trespass upon then dismiss.

  112. Dr Peter Lozo

    April 6, 2018 at 6:04 pm

    On Dr Moles’ incorrect and misleading interpretation of expert medical and scientific opinions …

    ……. Part II of four parts ……

    My own scientific experimentation in a bathtub in 2014 led me to conclude that there existed a slightly different scenario to what Dr Manock proposed and which fitted the geometrical relationship between the bruises on the deceased’s body and the bathtub .. its layout in the bathroom, its size, shape and the detailed asymmetric feature of the longitudinal section of the bathtub edge; and the depth of water. All the bruises (other than the single ‘no’bruise’ on the medial aspect of the lower left leg) can be explained by a single scenario in the bathtub. Not only the cause of all those originally reported 14 bruises, but their distribution, size, shape and their relative spacing can be explained.

    After completing my research into the death of Ms Cheney I submitted an unsolicited report to the South Australian Office of the Director of Public Prosecutions (and to a certain forensic pathologist) in Jan 2015 DPP. I then wrote an online comment titled

    A BRIEF SCIENTIFIC CRITIQUE ON THE MEDICAL EXPERT CONCLUSIONS

    See here: https://www.cla.asn.au/News/keogh-free-royal-commission-needed/

    Below is an extract from the Executive Summary of my January 2015 report on the results of my findings:

    “It is further concluded, on the assumption that the various medical experts who provided reports and/or have given oral opinions on this case since 2004 (particularly Prof Tony Thomas, Prof Vernon-Roberts, Prof Pounder and Dr Lynch) would have been aware of the following two critical points:

    a) that the mechanism of assisted drowning as proposed by Dr Manock during the first two trails of Mr Keogh was argued (and demonstrated) by Mr Keogh’s legal representatives to be physically implausible;

    b) that the medial mark on the left calf of the deceased’s leg was argued by Mr Keogh’s legal team not be supported by microscopic examination (well before Prof Thomas confirmation of Hemosiderin presence) and that therefore they could have been cognitively and perceptually predisposed to view the medical evidence in the favour of a non-homicidal death. This may have influenced their opinion regarding the bruises because they would not have been able to fully relate all the bruises to the physical context in which those bruises could have occurred (other than the artifacts of the autopsy). As such, they had no other choice but to propose that the death was most probably accidental. However, just because the prevailing scientific evidence supports the conclusion that Ms Cheney could not have been forcibly drowned as proposed by Dr Manock does NOT necessarily rule out the possibility of a homicidal death, particularly if an alternate and a physically plausible mechanism of assisted (forced) drowning can be found. All evidence seems to suggest that Dr Manock’s autopsy of Ms Cheney was hurried, and that his opinion as to the mechanism of assisted death may have been erroneously influenced by his knowledge of the “brides in the bath” cases. This report will show that there does exist an alternate and a physically plausible mechanism of assisted (forced) drowning to that proposed by Manock, and that gravity plays a significant role in the execution of this alternate mechanism and on its after-effect.

    It is my scientific opinion that had the 3rd trial proceeded the Crown case would have been that Mr Cheney was facing down towards the bottom of the bathtub rather than facing upwards towards the ceiling.

  113. Geraldine Allan

    April 6, 2018 at 5:57 pm

    #583 … *hearty round of applause.

  114. Dr Peter Lozo

    April 6, 2018 at 5:50 pm

    On Dr Moles’ incorrect and misleading interpretation of expert medical and scientific opinions

    Although I am not medically qualified nor am I legally qualified nor am I a forensic scientist but as a physical scientist who has researched both the Keogh and the Neill-Fraser case I am in a position where I can intelligently and from a scientific point of view evaluate Dr Bob Moles’ interpretation of the forensic pathology opinions in the first case, and his interpretation of forensic science opinions in the second case.

    Part I of four parts

    The first two parts will focus on the Keogh case (Parts III and IV will focus on the Neill-Fraser case).

    On top of page 2 of the 16 page document which William Border gave a link to in his #579, it says:

    The commencement of the process to retry Mr Keogh was contrary to fundamental legal principles and never had any prospect of success. The unavailability of an individual witness, due to ill-health, as claimed by the DPP could never have overcome the basic procedural and substantive obstacles.

    Dr Bob Moles (a former legal academic with no apparent tertiary education in science or the scientific method of investigation) should have known that one critical thing the DPP would have needed to prove beyond reasonable doubt in the Keogh case was that medication had nothing to do with Ms Cheney’s death.

    The DPP had an eyewitness during the 2014 Appeal (a police officer from the Coroner’s office) who examined the deceased’s body at the scene of death and who did not notice any swelling on the deceased’s face, but the Appeal Court judges did not think that her observation would have been valid because she had not known what the deceased looked like in real life.

    But there was someone else at the scene of death who did know the deceased very well and that person was also a medical specialist. It is my opinion that the DPP called off the 3rd trial several months before it was scheduled to proceed because of the unavailability of Dr Cheney (the father of the deceased) rather than the unavailability of Dr Manock (whose opinion was no longer critical to a possibly slightly different forced drowning scenario that the Crown was intending to pursue had the trial proceeded).

    When Dr Moles referred to ‘bruises in the following online post in January 2015 he should really have used the word ‘bruise’ rather than ‘bruises’ because only one of the originally reported 15 bruises by Dr Manock was considered (and then scientifically proven by a test for the presence of Hemosiderin) that that bruise was not a bruise as defined by forensic pathologist.

    “A subsequent report obtained by the Crown in 2014 confirmed the findings of the 2004 report – as did two additional reports by the defence, each from highly credentialed experts. They variously established that what were thought to be bruises to the leg were not in fact bruises, and that the alleged bruising to the head was in fact artifactual – it was caused during the process of the autopsy. The pathologist who gave evidence at trial subsequently admitted in proceedings before the Medical Board and the Medical Tribunal, that much of the evidence he had given at trial was incorrect or not supported by appropriate evidence.”

    http://smithforensic.blogspot.com.au/2015/01/henry-keogh-south-australia-guest-post.html

    There is no doubt that all other bruises were considered to be bruises but the issue was how and when they were caused. Dr Moles refers to the head bruise being caused at the autopsy. But all forensic pathologists opined that the head bruise was caused at the time of death. It was the two oval shaped bruises on the back of the neck that were claimed by most forensic pathologist to have been caused during the autopsy procedure. Dr Moles seems to have missed this in his reading of the 2014 decision by the Appeals Court.

  115. andrew

    April 6, 2018 at 4:36 pm

    Re 582 … Your shameless self promotion and self importance knows no bounds in this comment thread. Whether you are or are not “the only independent scientist (non-forensic) who has researched both the Keogh case and the Neill-Fraser case” you are certainly the only one (forensic or otherwise) who debases your comments with barbed attacks on Dr Moles, an acclaimed professional academic, in such rude, intemperate, unprofessional terms.

    Further on you gave us a wry laugh though, when you wrote (about Barbara Etter) without a trace of irony: ” … it is claimed that Mrs Etter has, as a licensed solicitor in Tasmania, brought justice in Tasmania into disrepute.” Brought justice in Tasmania into disrepute?

    That disrepute was all self delivered.

  116. Dr Peter Lozo

    April 6, 2018 at 1:15 pm

    My last post #580 got away from me before I had it completed. I see that it doesn’t have my full name on it either.

    In #580 I was referring to a former legal academic whose name is listed in #579. Unlike anyone else in this country, as far as I know, I am the only independent scientist (non-forensic) who has researched both the Keogh case and the Neill-Fraser case. It is on that basis that I can confidently state that I wouldn’t rely on Dr Moles’ interpretation of forensic pathology opinions in the Keogh case nor his interpretation of forensic science opinions in this case. I will write a comprehensive post on Dr Moles’ absurd interpration of the VPFSD forensic report on the Vass DNA which then led him to state absolute nonsense on the 2014 ’60 Minutes’ program ‘Justice Overboard.’

    For those who aren’t aware: the DPP lodged a complaint against Barbara Etter for a comment she made in 2014 on the very 60 Minutes on which Dr Moles featured.

    See the 4th paragraph here: https://www.cla.asn.au/News/a-law-unto-themselves-absent-model-principles/

    “The first LPB complaint against Etter concerns her comments on the TV program 60 Minutes in 2014 about the evidence introduced at the Sue Neill-Fraser trial (SNF) by the Crown concerning the presence (or otherwise) of blood in the dinghy of the yacht from which SNF’s husband disappeared.”

    It appears that the matter is serious because it is claimed that Mrs Etter has, as a licensed solicitor in Tasmania, brought justice in Tasmania into disrepute. I wonder whether there would have been complaints against Dr Moles had he been a licensed solicitor.

  117. George Harris

    April 6, 2018 at 3:18 am

    #580 … Well said, Peter, I know you realise that among the very few gems there are an enormous number of absolute fools dribbling vast quantities of absolute nonsense on this page.
    I know that those closer than most to the small number at the centre of this case are disgusted by the nonsense that has been postulated here, most of it with no credible justification.

  118. Peter

    April 6, 2018 at 1:52 am

    Thank goodness that some of us are capable of independent reasoning and do not need legal scholars to interpret forensic pathology, or other areas of forensic science, for us.

  119. William Boeder

    April 3, 2018 at 6:46 am

    #577. Thank you abs, Dr. Lozo had expressed his purpose in a far earlier comment submitted to this Tasmanian Times copy of a Tasmanian mainstream media story and report regarding the SNF court ruling handed down by the whoever had presided Supreme Court judge.

    The comment I refer to in which he had described his purpose for the engagement in the SNF case matter (in which he presents his heavily biased account of the SNF case matter) to later become a submission to some obscure think-tank here in Australia or some other destination.
    (His style is not unlike the manner of the former DPP Tim Ellis when serving in his former role during the SNF case, during which the DPP had proffered his hypotheticals and circumstantials during his prosecutorial evidence submission to the Supreme Court “Judge” who I don’t recall (as well as all the people present in that court) that had presided over this SNF case in the style of a judge “being led by the might of some mythological Greek God” acting out the prosecutors role, rattling on with mostly scant-of-fact evidence and bits of inconclusive circumstantial items of evidence, in which, quite oddly, were then relied upon by all the judiciary persons present who held themselves supplicant to this Lion of Legal interpretation armed with his goodly sumptuous amount of legalistic discretion.

    (This same DPP descriptive claim is classicly relevant as being of common public knowledge, and not untypical of, the demeanour held by many of Australia’s past and present State appointed DPP’s.)

    A lateral diversion for you now abs, a serious Chronology of events occurring in South Australia, being a State now notorious for the discovery and later revelation relating to criminal-like performance of their State’s former Chief Forensic Scientist, a man by the name of Dr Colin Mannock, where it quite convincingly and reasonably alleged that he held insufficient academic qualification and was absent of the merit of skill and expertise to be awarded that highly responsible appointment.

    http://www.abc.net.au/news/2017-11-07/watershed-moment-for-high-court-judgement-on-frits-van-beelen/9123924

    The manner of Dr. Colin Mannock, Chief of Forensic Science in South Australia, was known to be of a peculiar manner or demeanor rather typically displaying a person of pompous disdain, then that he had directed this same toward any and all doubters and disbelievers as to his credentials.

    Dr. Robert Moles and his fine wife Professor Bibi Sangha as an associate highly credentialed legal expert in matters of injudicious finding Court of law findings, had mentioned in numerous reviews of a number of criminal court convictions in that State, in that they had been concluded on the basis of insupportable forensic diagnosis given by Dr. Mannock being considered as an expert witness as could testify to the cause of a person’s death, that would then be classified as official and binding.

    Dr. Moles mention had also touched upon the failures of that State’s government authorities which indeed had been possessed of a somewhat lax and lazy ambivalence [my words here] (as can be found euphemistically held toward this State of Tasmania’s government-appointed high-level persons to some non-accountable level of authority) in which Both Dr. Moles and the highly regarded esteemed wife and associate Professor Bibi Sangha, when each had entered into the interesting detail and background of the ubiquitous Dr. Mannock. though to include the unsound decicion handed down upon SNF.

    One must consider the ramifications arising from the many hundreds and maybe thousands of Chief Forensic Scientific evidence reports and findings which have since been “considered by many (including the arrogant nature of later-found-to-be mistakenly appointed State DPPs) that in each report or finding now being of questionable concern in their fact” then that of all of those reports and findings were the unsatisfactory consequence of Dr. Colin Mannock in his being verily discordant manner and method to present the actual cause of death in a great many of the South Australian criminal court findings.

    I recommend the full reading of the 16 pages in the below link, only then will the proportion of sensibly interested Tasmanians fully understand the World-wide acclaim and esteem given to the hugely influential and later respected and unanimously praised and accepted specialist work of both Dr. Robert Moles and Professor Bibi Sangha.

    http://netk.net.au/MOJGeneral/MOJ11.pdf

  120. Dr Peter Lozo

    April 3, 2018 at 1:37 am

    On ‘amnesic’ hours

    “If we are to believe that Sue had lost her memory (was sleep walking?) then how on earth would she know whether or not she killed anyone during those ‘amnesic hours’? How on earth would she know that it wasn’t her on that dinghy that was spotted motoring away from the location of Four Winds around 7:45 pm – 8:30 pm? How would she know that it wasn’t her on that dinghy that was motoring past the Sandy Bay Rowing Shed at around 11:30 pm – midnight? …”

    For more see #14 ..

    http://oldtt.pixelkey.biz/index.php?/comments/53877/

  121. abs

    April 3, 2018 at 12:28 am

    Yes, William, it is a good question in #570

    Taken together with what Steve highlights (the anonymous fan-club which has been observed by others here, yet not commented upon by Peter) I have a hypothesis – yet it is about what motivates the poster, not about the thread content

  122. Dr Peter Lozo

    April 2, 2018 at 11:38 pm

    #575 … Bullocks to you Steve!

    On the Winching issue, see http://www.examiner.com.au/story/5273946/fresh-and-compelling-evidence-criticised-by-dpp/

    “Dr Reynolds agreed the yacht’s winch was geared in a way that meant it would take three kilograms of effort to lift 81 kilograms of weight.”

    “If [Neill-Fraser] could move three kilograms, then she could have done it,” he said.”

  123. Steve

    April 2, 2018 at 10:54 pm

    Complete bollocks, Peter.

    If Sue was on the yacht at that time, why should she have lied about it? Her yacht, her husband. She was at complete liberty to be on board. There is nothing critical about those hours, except that there is mileage to be made out of demonstrating that SNF apparently provided incorrect information as to her whereabouts.

    Possibly this is a change of tack? I thought the hypothesis was that she committed the murder either late afternoon, or in the middle of the night, then disposed of the body in the wee hours. Why should the evening hours have particular significance? With regard to “reasonable doubt” and the “weather beaten man”; possibly the witness’s gender confusion might be perceived to be reasonable doubt!

    Whilst I’m on the topic, your winch physics are crap. Trying to asses a winching situation based on the mechanical advantage and the dead weight is a mistake only an academic would make. I’m probably doing the wrong thing even bothering to reply to this stuff.

    William really summed it up a few posts back. No doubt we’ll soon have a rush of posts from anonymous first time posters proclaiming the Lozo wisdom.

  124. Dr Peter Lozo

    April 2, 2018 at 8:25 pm

    Reasoning about the critical aspects of the Australian criminal law concerning this (circumstantial) case

    Part I of two

    Below I copy from two websites what I consider to be the single most crucial legal point that is relevant to this case:

    “Where the Crown case rests substantially on circumstantial evidence a jury cannot return a guilty verdict unless the Crown has excluded all reasonable hypotheses consistent with innocence.”

    Here is another version of the same legal point:

    “In circumstantial cases, if there is evidence of a “reasonable hypothesis consistent with innocence” then the defendant must be found “not guilty”. However, if there is no such reasonable explanation, the jury can infer guilt and find the defendant guilty.”

    My application of the above legal point with respect to this case as it relates to Vass DNA is as follows:

    HAD there been a reasonable possibility that Vass DNA was a primary deposit

    AND

    HAD there been a reasonable possibility that Vass DNA was deposited on the evening of Bob Chappell’s disappearance ..

    THEN Neill-Fraser should not have been found guilty because had both of the above conditions been met then it would have meant that there would have been a reasonable hypothesis that someone else had murdered Bob and thus there would have been a reasonable hypothesis consistent with innocence.

    How then does one go about deciding whether or not the above two conditions concerning Vass DNA were met?

    Given that the crime scene was on the Four Winds yacht, one needs to consider the possible time frames that Vass (and whatever associates she may have had) could have had to board the yacht that night without running into Neill-Fraser. One thus cannot ignore Neill-Fraser’s whereabouts in order to make a beyond reasonable doubt decision concerning the Vass DNA. But how then does one conclude beyond reasonable doubt about Neill-Fraser’s whereabouts that evening?

    On the basis of my analysis I concluded beyond reasonable doubt that Neill-Fraser was on Four Winds from about 2 pm to about 8 pm. My reasoning can be seen in the following posts:

    – post #573 (above)

    – post #596
    http://oldtt.pixelkey.biz/index.php?/comments/37334/

    – post #47
    http://oldtt.pixelkey.biz/index.php?/comments/54179/

    Thus, we can beyond a reasonable doubt exclude Vass from being on Four Winds from 2 pm to 8 pm on the Australia Day afternoon and early evening.

    ……… [to be continued] ……………….

  125. Dr Peter Lozo

    April 2, 2018 at 1:07 pm

    The critical time period 4 pm – 9 pm Australia Day 2009

    Very early in my research of this case (within the first two weeks back in April 2015) I recognised that the most critical time period to understand was the time period 4 pm – 9 pm. I reached this conclusion for the following two main reasons:

    (i) The very last known person who was on Four Winds with Bob (Neill-Fraser) could not provide an explanation of her own whereabouts and actions for that critical 5 hour time period;

    (ii) A middle aged person was spotted on a motorised light coloured dinghy in the vicinity of Four Winds at around 7:45 pm – 8:30 pm. That person has not yet come forward to identify himself/herself. The description of that person did not at all fit Meaghan.

    I therefore concluded that there was no reasonable possibility of anyone else being on Four Winds before 8:30 pm other Sue and Bob and that that there is no reasonable doubt about Sue being the mysterious “Weatherbeaten Man”. See Barbara Etter’s blog about this sighting:

    http://www.betterconsult.com.au/blog/the-weatherbeaten-man-in-the-sue-neill-fraser-case/

    My further reasoning about the “Weatherbeaten Man” is at the bottom of

    http://oldtt.pixelkey.biz/index.php?/comments/54179/

  126. Dr Peter Lozo

    April 1, 2018 at 11:58 pm

    Is there anything fresh in the reports of Dr Reynolds?


    “Dr Reynolds agreed there was nothing fresh in the reports and their details could have been used in the 2010 murder trial.

    New legislation in 2015 had allowed Neill-Fraser one last avenue of appeal, provided her defence team could could provide fresh and compelling evidence.

    Under questioning from Mr Coates, Dr Reynolds agreed the yacht’s winch was geared in a way that meant it would take three kilograms of effort to lift 81 kilograms of weight.

    “If [Neill-Fraser] could move three kilograms, then she could have done it,” he said.”

    http://www.examiner.com.au/story/5273946/fresh-and-compelling-evidence-criticised-by-dpp/

    When I analysed the winching problem over a year ago I wasn’t aware of the actual power ratio of the relevant winch (it is 27:1) but I predicted that had the winch had a power ratio of at least 20:1 (which isn’t unusual for a yacht of that size) then it would have been easy for Sue to winch out 100 kg.

  127. Dr Peter Lozo

    April 1, 2018 at 9:04 pm

  128. William Boeder

    April 1, 2018 at 7:41 pm

    #569. Why is it Peter Lozo that you are playing the part of a dubious thinking DPP in the quest of forcing your opinions on a matter of nil consequence to yourself but of a major consequence to others?
    Your biased comments rival the media speculations that had influenced the charge of murder upon Lindy Chamberlain.

  129. Dr Peter Lozo

    April 1, 2018 at 2:20 pm

    “Death on the Derwent: Trio ‘came out of nowhere, on a dinghy’, man tells court”

    https://www.smh.com.au/national/death-on-the-derwent-trio-came-out-of-nowhere-on-a-dinghy-man-tells-court-20171030-gzavnp.html

    In #562 & #564 Garry summarises an event where a hairdresser saw 3 people in the evening of 26th Jan 2009, one person being a teenage girl of about 14-15. There is a significant bit of information that is missing in Garry’s summary: the time in the evening when the event occurred.. I would say that the timing of events on 26th Jan is very significant. If the above mentioned sighting occurred after 8:30 pm then I would consider it as being highly relevant. The reason for my statement will become apparent below.

    The above Sydney Morning Herald article has the critical sentence that tells us the time at which the hairdresser saw the 3 people.

    “It was about 7pm, and the girl was not wearing shoes, he said.”

    Now, something that most Tasmania’s aren’t aware of:

    A middle aged person was spotted on a motorised light coloured dinghy in the vicinity of Four Winds at around 7:45 pm – 8:30 pm on the Australia Day 2009. That person has not yet come forward to identify himself/herself. The description of that person did not at all fit Meaghan.

    See Barbara Etter’s blog on the “Weatherbeaten Man”

    http://www.betterconsult.com.au/blog/the-weatherbeaten-man-in-the-sue-neill-fraser-case/

    The “Weatherbeaten Man” has not yet come forward ever since that person was sighted on a dinghy in the vicinity of Four Winds at around 7:45 pm – 8:30 pm on Australia Day 2009.

    Why did not the “Weatherbeaten Man” contact the media and/or Neill-Fraser (or her family/friends) and/or the police and/or Neill-Fraser’s defence team?

    Why didn’t Colin McLaren, Robert Richter and Eve Ash pursue the lead about the “Weatherbeaten Man”?

    Why does the public not know about the“Weatherbeaten Man”?

    What information is available about the“Weatherbeaten Man”?

    Who is the “Weatherbeaten Man”  most likely to be?

    It was a very choppy Australia Day afternoon on the Derwent River in 2009. There were hardly any dinghies buzzing around on what was described by one eyewitness to be 3 foot waves. There were only three reported sightings of a travelling dinghy between midday and midnight of the day on which Bob Chappell was last seen.  Each time, there was only one person on the dinghy and the dinghy was motorised (note that the sightings at 3:55 pm and 5 pm were of a ‘grey’ dinghy tethered to the portside of Four Winds but not a single person was spotted on the dinghy or the Four Winds yacht).

    The sighting at around 2 pm was of Sue motoring towards Four Winds.

    The sighting at around 7:45 pm – 8:30 pm was of one person in a light coloured dinghy (very similar to the Four Winds dinghy) motoring away from the location of Four Winds in the general direction of the sailing club (where Sue, according to her statement, left her dinghy after returning from the yacht sometime that afternoon). Given the media frenzy immediately after it was discovered that Bob was missing and that the yacht was sabotaged, one would have normally expected (I certainly would have) for the person on that dinghy to have contacted the police even if the person did not see anything unusual about the yacht (for it would have greatly assisted  the police in establishing the timeline of events if nothing else). The fact that the person has not yet come forward is very odd given the extensive media coverage of the case ever since that day and up to the present time.

     
    The third sighting was between 11:30 pm and midnight of one person on a motorised inflatable dinghy travelling past the Sandy Bay Rowing Shed in the general direction of where Four Winds for moored (the defence witness during the current appeal had had a wooden dinghy and did not have a motor on it).

    Sue has not yet provided an explanation of her whereabouts for a 5 hour time block (4 pm – 9 pm). She tried by stating that she spent the whole afternoon and early evening in Bunnings and returned home about the time it was starting to get dark (between 8:30 pm and 9pm). But her alibi fell apart when the police discovered that on that day Bunnings had closed at 6pm and that she did not appear on any security videos for that day!! 

     
    Where was Sue between 4pm and 9pm?

    Was Sue actually on Four Winds from about 2 pm to about 8 pm but did not want the police to know that she spent 6 hours or so on the yacht that afternoon.

    Why are Neill-Fraser supporters (and her legal team) picking on an innocent person (Meaghan) who did not fit the description of the sighted person and in my opinion was never on-board Four Winds. How that young woman keeps her sanity whilst living in poverty and trying to survive in that nasty social environment in Hobart is beyond me.

  130. Dr Peter Lozo

    March 31, 2018 at 6:37 pm

    #567 Andrew Urban

    Incorrect representation on wrongfulconvictionsreport.org of Mr Hughes’ testimony at Sue’s trial

    I like to draw your attention to the following sentence of your blog Sue Neill-Fraser’s final appeal – Part 1

    wrongfulconvictionsreport.org


    “Grant Maddock, an artist but coming from a family of sailors, who lives on his yacht, provided evidence that perhaps explained eye witness evidence at trial in which local man John Hughes had claimed to have seen a female figure rowing out in a dinghy towards the Four Winds sometime before midnight.”

    Had I been naive about the contents of both the Trial Transcript and the above article, I would have thought that the evidence of Mr Maddock was significant. I think that you must have read the Trial Transcript as well but for some reason you are providing us with incorrect information about the testimony of Mr Hughes. Mr Hughes did not state at the Trial that the person was rowing a dinghy.

    Given that you authored part of the TT article to which we are commenting one would have thought that you would have noticed the following paragraph in the article


    “John Hughes gave evidence that between 11.30pm and midnight on 26 January, he was parked at the end of rowing sheds at Marieville Esplanade when he saw and heard an inflatable dinghy with an outboard on the back coming from the direction of the Royal Yacht Club, heading northeast towards the Eastern Shore of the Derwent. It was open to infer from that evidence that it was travelling roughly from where the appellant had said she left it at the Royal Yacht Club and roughly towards the Four Winds. Mr Hughes said that there was only one person in it who had the outline of a female, but he could not be definite. He was “almost 100 per cent definite” that there were no other persons in the area of the sheds.”

    Here are some extracts from the Trial transcript:

    1. TT 66/25


    “He heard an outboard motor
    and he saw an inflatable dinghy with a single person in it. His
    impression was that that person was female, the dinghy was heading
    at a slow speed towards the yachts moored out from the boat sheds
    where, ladies and gentlemen, the Four Winds was moored.”

    2. TT 378/25

    “Did you hear anything that was associated with seeing the
    dinghy?……There was an outboard on the back.
    And did you hear the sound of the outboard?……
    outboard?……It was reasonably
    quiet.”

    3. TT 385/30-45


    “Thank you. The dinghy was – more correctly the outboard of the
    dinghy was obviously making sufficient noise to draw your attention to it?……I heard it, I heard an outboard.

    Did you hear the outboard before you sighted the dinghy?……I can’t
    remember.

    At fifty metres away from it you could clearly hear the engine as it –
    as the dinghy went along?……Yes.
    And it was reasonably loud to where you were?……It wasn’t a
    roaring noise but I could hear the outboard.”

    You will find above at #459 my comparative analysis of the statements made by Mr Hughes and by Mr Maddock. Below I copy two relevant points:

    “(ii) The dinghy

    Mr Hughes said that the dinghy was an inflatable dinghy. I assume that he formed his opinion on the basis of its shape. The photograph of the dinghy that belonged to the defence witness shows that he had a wooden dinghy. There is a considerable difference between the side shape (i.e. the side silhouette profile) of an inflatable dinghy (such as the dinghy that belonged to Four Winds) and the wooden dinghy of the defence witness.

    (iii) The motor

    Mr Hughes said that he heard a motor. The defence witness at the recent appeal hearing stated that his dinghy did not have a motor and that he rowed it with one oar at the time (he described a particular rowing method he used with the oar behind the dinghy).

    Whether Mr Hughes could have heard a motor needs to be considered. It was late at night (close to midnight). There was no nearby traffic. He stated that the dinghy was about 50 meters away and that the motor or the dinghy was a quiet motor. Although the river was choppy (and thus noisy) during mid-afternoon the river condition in the evening was calm (as I understand it to have been – had it been choppy it would have been noted by the defence witness and Mr Hughes). One cannot easily confuse a continuous noise of a quiet motor (which is a high frequency humming noise) with the type of noise that would come from the ocassional splash of a rowed boat.

    On page 385 of the Trial Transcript, Mr Hughes’ response to Mr Gunson is:

    but I could hear the outboard”

    Please correct the error on your website as it is very misleading.

  131. andrew

    March 3, 2018 at 3:21 pm

    I’d like to advise readers of this thread about my brand new blog dedicated to cases like Sue Neill-Fraser’s – wrongfulconvictionsreport.org – It will be officially launched later this month, but is active now. Readers can register (free) to receive an alert when a new article is published, and can comment or even submit information / articles for publication.

    It contains all my previously published articles on the Neill-Fraser case, as well as my articles on the cases of Henry Keogh, David Szach and Gordon Wood, plus a heap of other relevant articles – all transferred from pursuedemocracy.com in one place and well signposted.

    As my focus on wrongful convictions has grown over the past 4+ years, I wanted to have a dedicated outlet that could handle the material and also to give readers interested in this topic a single destination.

    Feel free to share and to comment.

  132. Andrew

    March 2, 2018 at 11:17 pm

    Agreed, Garry.

  133. garrystannus@hotmail.com

    March 2, 2018 at 8:06 pm

    It is sad to note that Vanessa Goodwin has died this afternoon. I associate her with amendments to the Criminal Code which provided for 2nd and subsequent appeals where fresh and compelling evidence comes to light. This amending legislation has been the vehicle which at present has allowed Sue Neill-Fraser’s application to proceed as far as it has. Thank you, Vanessa Goodwin – you have had my respect because of those changes, and for other ways that you performed your role.

  134. garrystannus@hotmail.com

    March 2, 2018 at 11:00 am

    I refer to my #562 in which I reported on evidence given late last year in court, in the ‘2nd Appeal’ application by Sue Neill-Fraser:

    I apologise for the poor construction of that comment and also for the fact that the editor found it necessary to edit my comment.

    A further weakness in that comment of mine, was that I omitted to mention another piece of evidence that was given in court by that Sandy Bay resident, Mr Brocklehurst, who told the court that his neighbour, Simon P., had met a group of people – two men and a young 14-15 year old girl; that he:

    had bumped into them coming from nowhere in a dinghy and had not set eyes on them before.

    For a number of reasons, I did not understand the import of – what was to me – that nonsensical image … coming from nowhere in a dinghy.

    As published in my #562, the evidence now before the court is that the group that Simon P. bumped into comprised: two men – Stuart R. (now in prison convicted of murder), Michael (surname u/k) and a “plain Jane” young girl, about 14 or 15 years of age with straight dark hair ‘in a bob’ and shoulder length; she had no shoes.

    Here is that evidence, given to the court by Mr Brocklehurst (Simon P.’s next door neighbour):

    1 Simon P. had been out walking his dog. [My own remark: Dog Beach (aka ‘Short Beach’) is a popular Sandy Bay place where dog owners take their dogs]

    2 Simon P. bumped into two men (Stuart R. and Michael {surname unknown}) and a “plain Jane” young girl [un-named], about 14 or 15 years of age. They were coming from nowhere in a dinghy and he had not set eyes on them before.

    3 From [the Dog Beach on] Marieville Esplanade, Simon P, the two men and the girl, [walked up Margaret St].

    4 On the [low brick] fence of the house on that corner, a red jacket was found the next morning.

    5 [When they got to the elbow in Margaret St,] the group cut through the Bowling Club.

    6 Mr Brocklehurst, Simon P’s next door neighbour, saw them coming from the Bowling Club.

    7 Mr Brocklehurst heard them going into Simon P’s place. It sounded as if they were getting drunk. His partner asked them to quieten down. They went on til about midnight.

    My use of square brackets indicates my own additions.

    Legal imperatives prevent me from speculating on the identity of that young girl who Mr Brockhurst identified in court by placing his initials next to one of two photos that he was shown while in the witness box.

  135. William Boeder

    February 20, 2018 at 7:58 pm

    Hello Brian, The best means for you to learn more would be to contact me and at the same time provide me with evidence of your bona fides, then a means of confirmation that you are not in any attached and or associated with & toward Tas Inc or are person attached to or a part of this State’s higher echelon caste of privileged non-trusted non-credible persons.
    Do send me your email contact details.
    My email address. this should get you through my active VPN.

  136. garrystannus@hotmail.com

    February 20, 2018 at 7:29 pm

    On 30 Oct 2017, at the Supreme Court in Hobart, I listened as a person who had lived and worked in Sandy Bay for a number of years gave evidence to the court.

    On the night of Bob Chappell’s disappearance, this man had seen his next-door neighbour returning from Marieville Esplanade (where the Four Winds ketch was moored offshore in the river) returning via Margaret Street and then via a short-cut through the Sandy Bay Bowling Club, thus reaching their Stanley Street destination (without having to walk around the block).

    That group of persons that the witness encountered on that evening 26Jan2009, comprised his neighbour (Simon P.) and two other men: Stuart R. (now in prison convicted of murder), Michael (surname u/k) and a “plain Jane” young girl, about 14 or 15 years of age with straight dark hair ‘in a bob’ and shoulder length; she had no shoes.

    The witness was asked to look at some photos with a view to identifying the girl. In the court he was shown photos and pointed out the two that were most likely those of the girl that he had seen that night. He put his initials next to one of those two photos, indicating the person that he had seen. We on the public benches, did not see the photos, so we don’t know if he identified or not.

    I inform the reader that the witness has no known connection with any of the persons involved in the Bob Chappell case. His relevance is simply that he lived in Sandy Bay on 26 Jan 2009 and that he saw his next-door neighbour in company with the persons described above – on that evening.

    I make this thread-post because according to this witness, those persons had walked up Margaret Street … and I remind readers that it was on the brick fence of the house on the corner of Margaret Street and Marieville Esplanade that the ‘red jacket’ was found the next morning. We – in my view – must entertain the possibility that it was one of those persons who had deposited the jacket on the fence.

    Might I add that a dark hair was found on that red jacket. The jacket had tested positive for Sue Neill-Fraser’s DNA – was it one of the jackets kept for visitors to the Four Winds, or perhaps for those who came to the horse-riding property? But there was also on the red jacket a dark hair (from memory) that was not tested!

    I’m not repeating scuttlebut here, not playing a rumour roulette. I have all this information through my examination of the Trial Transcript, and of various other formal documents. I am happy to share my relevant records with anyone (of a bona fide disposition). My email address is displayed at the end of this comment.

  137. Brian Johnston

    February 20, 2018 at 3:33 pm

    #560 … William. I am a bit curious about your irrevocable evidence based facts.
    How can I learn more?

  138. William Boeder

    February 17, 2018 at 12:53 pm

    #3. Hello again Brian, I have some rather irrevocable evidence facts that relate to the Port Arthur Massacre, also names of certain major players including o particular prominent that had fled from this State.
    There are a number of various other miscarriages of justice that has favored 2 State government business enterprises, one is the State’s Guardian Board, (GAB) this other is this State’s Public Trustees. (SPT)
    One of the simplest methods is simply to withhold fact evidence from being introduced to the Supreme Court players and various judicial officials, more so in case matters that may reveal that either the GAB GBE or maybe both and the TPT.
    No matter to the statutes breached or exceeded, the decision handed down is in favour of the relevant GBE(s.)
    Court transcripts of these elevated matters for review are at times occluded by substituting “a letter chosen from the alphabet” specifically to omit the names of the persons and or witnesses, that have been involved with the entirety of the lead up to this kind of review matter.
    Another method employed when there have been wholly unconscionable improprieties recorded there within a particular case matter, the case event transcript is just not forwarded to the keepers of all legal case archival files.
    This ruse to prohibit scrutiny of a conducted case or review is done so as desired and or intended, thereby the case event with all of its specifics remains forever unknown.
    The most notable case in this State was, of course, the Port Arthur Massacre.
    The 2nd of these (in my view) is the SNF case.

  139. Brian Johnston

    December 18, 2017 at 10:37 am

    #558. So transparent why bother.

    I also have thought that certain commentators appear to be supporting or working for the police/prosecution.

    They do not care about transparency? They only care about winning. What is to be gained? keeping Sue in gaol. Why bother? There is a lot at stake.
    They have the upper hand and know it. Mix in a large dose of arrogance and you have the picture. It has nothing to do with justice.

    As I have said previously. The police may have made a dinghy disappear, in New Zealand they made a 46′ wooden ketch disappear. What took its place was a steel 26′ sloop.

    The people of Australia have to stand up and demand a better system.

    Where is that damned Andrew Wilkie in all this.
    A typical politician.

    Robin Bowles in her book says she was told Bradley Murdoch didn’t do it but was going down for it anyway.

    We still do not know if Falconio is dead or alive

    (edited)

  140. Jack

    December 18, 2017 at 6:29 am

    #556 abs

    I just had a look at the link and posts you indicated. I see what you mean. I see the same pattern as identified on the other thread. I’m curious as to what is gained by this? It is rather transparent. Why bother? I don’t understand the psychology at play.

  141. William Boeder

    December 17, 2017 at 6:03 pm

    #553, 554 and 555, given the evidence of bias that so often can be detected in Tasmania’s Supreme Court, whereby decisions being handed down are occasionally in favour of the underserved.
    Much of the commentary published in relation to this SNF article-matter, has been postulated in a contrary manner by a certain interstate person, toward that which I believe to be unwarranted actions and attempts to support what I see as the unsound decision handed down by the above court in this particular SNF case.

  142. Jack

    December 16, 2017 at 3:40 pm

    #549 and #550 …

    I note that my warning (#548) was challenged and deleted. No prizes for guessing who requested it. In fact the other thread where these matters were exposed was systematically sanitised as the person concerned went into overdrive. Substantial charity was shown by the editors despite overwhelming evidence as one large carp was thrown back into the dam to hide in the mud once more.

    If I were you I’d be looking for another Trojan Horse pseudonym to pop up some time very soon … Oooh look! Bingo. I think it just did!

  143. Steve

    December 16, 2017 at 3:31 pm

    #552 … William, the other concern is selective interpretation of what factual evidence there was.

    A glimpse of a car passing a CCTV camera is automatically the accused’s car, because she has a similar car, even though are many thousands of cars that it could also have been.
    Consider how a jacket, proved to belong to the accused, is key evidence. Even though a jacket is an easily transported object and whilst it’s easy to conjecture that it was transported from the sinking yacht by the perpetrator, it’s less easy to establish who that person might be.

    Contrary to this is DNA evidence pointing to another person which is dismissed as crime scene contamination. Even though DNA is unique and the circumstance by which it could have got to where it was, was extremely limited, compared to a jacket.

  144. Brian Johnston

    December 16, 2017 at 12:30 am

    #551 Peter, the police do stupid things the world over. In the case of Jon Benet Ramsey USA they set up their command centre in the crime scene. in the case of the Bain murders in NZ they burnt the crime scene to the ground – to get rid of the evidence? Gun Alley murder, Melbourne, it appears they hanged the wrong man, stupidity?

    The next question is how quickly did the police jump to the conclusion/form an opinion that Sue was a murderer. Very early on, in my view. This is not tunnel vision as some describe it, it is standard police operandi. Nominate a person – coppers nose – and then build the case around that person.

    I think people would be shocked if they knew how many innocent people have gone to gaol. I believe Bob Moles is out of whack with his ridiculous 1%.

    The craziest case of all is the Port Arthur Massacre. Bryant a left hander, the shooter a right hander. Bryant goes to gaol.

    As I have said previously the whole justice system has to be rebuilt, in my view.

    Only politicians can bring about change and it is up to people to demand change.

  145. William Boeder

    December 15, 2017 at 11:48 pm

    #550. Hello Geraldine, right from the very beginning, this case had foundered on the “lack of factual evidence” which means more-so based upon unsound hypothetical circumstance dreamed into clear-cut case example of apprehended bias, in my view.
    Thus be the calculating methodology of Tasmania’s (old boys club?) or more accurately this State’s Judiciary officials.
    Yet not a one of them will relent from the happenstance of pure misty-eyed circumstance.

  146. Peter Locard

    December 15, 2017 at 11:36 am

    I am puzzled as to why the police did not preserve the “crime scene”? A sinking boat with blood spatter (likely from nose bleeds though) and a man missing. After the initial boarding, why tie up the Four Winds at the docks in central Hobart in a busy public area full of locals and tourists where anyone could get to it (or even spit on it … Why then bring the family on board to wander around? Why only then shift the boat to a less public shipyards in Goodwood and only then call in the forensic scientists to examine it and collect evidence samples? The confusion around the DNA of the homeless girl is partly because the “crime scene” was not preserved. Even if we think the homeless girl was on the boat (which is still a massive stretch given the uncertainty inherent in the DNA evidence), no one knows when. Maybe she hopped on the boat when it was tied up at Constitution Dock in central Hobart on the 27th January and has a good old spit on the deck? Who knows!!

    (edited)

  147. Geraldine Allan

    December 1, 2017 at 8:13 pm

    #548. Thanks Jack. “… of interest” yes, but of no surpise.

  148. Steve

    December 1, 2017 at 5:41 pm

    #548; I’m afraid there’s no news there Jack. The anonymous Lozo fan club used to provide me some amusement until I started realising that it’s all a bit sad.
    I would presume a medical expert would refer to a massive sense of insecurity, but to me it just seems pointless. How much genuine satisfaction can be gained from scoring points on an internet thread? Bit like cheating at patience!

  149. Jack Jolly

    December 1, 2017 at 3:47 pm

    (anonymous comment challenged and deleted}

  150. Dr Peter Lozo

    November 20, 2017 at 4:18 pm

    #543 Brian

    Re “weatherbeaten … “;

    Am too busy with work and don’t have time to get into this issue.

    I suggest that try to understand and analyse the implication of the following paragraphs on the unreliability of the eyewitness for facial recognition under the relevant circumstances:

    “Then there was a second statement which had not been made until 17 March 2009 in which Witness A stated that at about 6 pm on 28 January she recognised “that same male” leaving the area of the DSS in a “white and blue old motor cruiser”. She said that she was at her house and looked through the telescope which confirmed to her that it was the same male. She also stated that the zodiac that she had seen him in was tied to the back of the boat. She was so concerned that she took photos of the male and the boat. She noticed a second older male on the boat who she thought resembled Bob Chappell. She then stated that she had provided the photos to the police that day. She stated:

    I am certain that the younger male on the boat was the one I saw in the Zodiac on 26/1/09. This is due to having a clear view of him on both occasions.

    My first concern was why it had taken police nearly 7 weeks to catch up with this witness. I would have thought that after the sighting on 28 January 2009 she would have contacted police, given the high profile of the case. However, there is no mention of any contact on the PIL. The next action by police, according to their PIL, was that on 18 March a detective attended the Derwent Sailing Squadron and spoke to the “bosun” who identified the boat and the younger man as Witness E. Later that morning, the detective is recorded as having phoned Witness E who confirmed that it was his boat and that the elderly male with him was his father. At some stage, police took a statement from Witness E dated 18 March 2009 but in the statement, he stated that he was nowhere near Battery Point on Australia Day and that his dinghy at the time had no outboard. I found the man on Facebook and, if the photo on the site was indeed him, he did not fit the description given of the man on 26 January 2009 at all. In fact, he had a very young, even “baby face” look.

    http://www.betterconsult.com.au/blog/the-weatherbeaten-man-in-the-sue-neill-fraser-case/

    There is a very good lesson in the above.

  151. Brian Johnston

    November 20, 2017 at 12:33 pm

    Peter, rather than talk about one droplet of water or saliva, should you be referring to one bead of sweat.

  152. Dr Peter Lozo

    November 20, 2017 at 11:19 am

  153. Dr Peter Lozo

    November 20, 2017 at 11:17 am

    Quantitative comparison of touch DNA and bodily fluid DNA

    Part I:  relevant experimental data

    I thought to provide 3 references for people to look at so that they can compare the amount of DNA (by weight) that can be extracted from one droplet of saliva (which I assume to have a volume close to that of one droplet of water, i.e 0.05 millilitres) versus the amount of DNA that can be extracted from a number of different touch scenarios. 

    1. Touch DNA:

    See

    Table 1:  Summary of amount of DNA detected via contact:

    at

    http://ryanforensicdna.com/touchdna/

    2. Bodily fluid DNA:

       –  see table titled “DNA content of biological samples” in the following:

    Forensic DNA Evidence: Collection, Mixtures, and
    Degradation:

    https://www.google.com.au/url?sa=t&source=web&rct=j&url=http://corescholar.libraries.wright.edu/cgi/viewcontent.cgi?article=1297&context=biology&ved=0ahUKEwjG8PTTkM7XAhVBF5QKHS_5BfsQFgghMAA&usg=AOvVaw38ljnb6Kt7da-vE61m3BWg

    Cont…

  154. Brian Johnston

    November 20, 2017 at 9:15 am

    #541 Peter. Your note to me Brian. I understand that a small amount of whatever produces a lot of DNA.

    The point I was attempting to make is that the Vass DNA on the boat was more than likely not secondary transfer and highly unlikely to have been transferred by gum.

    I have previously suggested it may not have been saliva, rather phlegm.

    Now we come to the weather beaten man. Once again people are trying to shore up a bad investigation (in my view) by claiming Sue had a tan and could have been seen as/confused with a weather beaten man. Weather beaten means more than skin colour. It is the whole complexion and generally includes deep tanning, very lined skin on face and hands, bleaching of hair and an overall dryness. Sue has never fitted the description of a weather beaten man, in my view.

    The fact that Sue was stitched up on such flimsy non evidence – to me – makes one ponder about all the previous cases.

    There is no real nor circumstantial evidence (in my view) indicating that Sue was involved with Bob’s disappearance and this is the whole problem, to me.

    (edited)

  155. Dr Peter Lozo

    November 20, 2017 at 9:13 am

    Correction to my #541

    In my last para of #541 I wrote:  

    “a single droplet of saliva (one twentieth of a teaspoon)”

    I should have written: 

    “a single droplet of saliva (one hundredth of a teaspoon)”

    [a teaspoon is 5 ml; if we assume that one droplet of saliva has approx the same volume as one droplet of water (0.05 ml) then there are 20 droplets of saliva in 1 ml or approx 100 droplets of saliva in a 5 ml teaspoon of saliva]

  156. Dr Peter Lozo

    November 20, 2017 at 7:02 am

    Once the DNA gets there, how long will it stay? 

    The paragraphs below are relevant to Maxwell Jones’ expert forensic opinion on the degradation of DNA. It is also relevant to my comment at #496. Note that the study referred to is for touch based DNA rather than for a bodily fluid.

    From

    https://www.forensicmag.com/article/2012/06/touch-dna-analysis-using-literature-help-answer-some-common-questions#disqus_thread


    “Another common question when dealing with touch DNA is, “how long does it last?” As with most questions relating to touch DNA, there is no easy answer. Very little study has been done to assess the persistence of touch DNA, but this is becoming an increasingly important area of research, particularly as defense attorneys begin presenting arguments to suggest that touch DNA found at a crime scene can be explained by the defendant’s presence at the scene at an earlier time that is unrelated to the crime at hand.

    Consider the following scenario: A DNA profile matching a male suspect is located on a brick wall outside the home of a murder victim. The DNA appears to be from skin cells as it is negative for blood, semen, and saliva. How did the DNA get there? The prosecution’s theory is that the suspect fled the crime scene by climbing over the brick wall. Considering that blood evidence matching the victim is found nearby on the wall, this is a viable possibility. However, upon investigation, it is revealed that the suspect previously lived at the home in question and is, in fact, a relative of the murder victim. Could it then be possible that the suspect left his skin cell DNA at an earlier date when he either lived at the home or visited his relative? How can we determine which of the scenarios are accurate?

    Only one study this author is aware of directly addresses the persistence of touch DNA. Raymond, et al,13 conducted an investigation into the persistence of DNA at crime scenes. They applied known quantities of “buffy coat” DNA (the white blood cell and platelet layer of whole blood) to gloss-painted wooden window frames, pieces of vinyl, and control samples. Not surprisingly, they found that the chance of recovering DNA from an outdoor crime scene decreases significantly over time with two weeks showing a significant drop in alleles detected for most of the samples. The control samples fared much better, with full profiles able to be developed even after six weeks (the longest time period tested). This study also provided a table of results obtained from actual touch DNA casework samples and included the time between the offense and the collection of the evidence. Great variability existed; however, it is interesting to note that two of the three evidence items with greater than 50 days between offense and collection yielded DNA profiles. One additional study dealing with direct amplification of touch DNA samples briefly discusses the stability of touch DNA on fabrics. Volunteers rubbed their thumb and forefinger between a sample of fabric for 5 seconds. The fabric samples were left exposed to light on a window ledge and then subjected to direct amplification. Nearly complete PowerPlex 16 profiles were able to be generated from touch DNA on acrylic, nylon, and polyester for up to 36 days after transfer.14”

    Within the next couple of days I will present my analysis to show that the amount of saliva based DNA that can be detected in a secondary transfer via a chewing gum can be 100 times larger than the amount of DNA that can be detected from a touch DNA.

    ——- for Brian ——

    Brian,

    It is my opinion that you are interpreting ‘relatively large amount of DNA’ to mean large amount of saliva. Note that the VPFSD forensic scientist used the term ‘relatively’ in his 2014 report to suggest that the amount of DNA that was detected was much larger than what would be expected from a touch based scenario (and hence why it is believed that the source is as bodily fluid).

    Also, DNA cannot be seen in saliva unless it is first extracted using the relevant procedure and chemicals.

    As I will write in the near future, a single droplet of saliva (one twentieth of a teaspoon) has about 100 times more DNA than what your hand would leave behind on a flat smooth surface after you pressed that surface for say 10 seconds.

  157. Brian Johnston

    November 18, 2017 at 11:24 pm

    I would like to put an end to this secondary transfer of DNA by chewing gum carry on.

    A simple experiment which could be carried out at home.

    We have all stood in gum. Terrible. Worse in the summer. If it did happen I am sure gum would have adhered to the boat deck.

    Aim: to determine if gum can carry DNA onto a boat
    Apparatus: Gum, shoe and a piece of boat deck or similar.
    Method:
    1)Take a piece of gum and chew it
    2)Remove gum from mouth and notice that it is mildly wet.
    3)Throw gum on ground and walk away
    Note, it is believed that the cop or whoever, was not following in Vass’ footsteps.
    4)Return to gum and notice that it is dry.
    5)Stand on the gum.
    6)Walk a few paces and stand on a surface similar to a boat deck
    7)How much DNA was deposited onto the surface

    Result: No substantial dollop of DNA

    Conclusion: There was no substantial dollop of DNA on the gum nor inside the gum waiting to be squeezed out.

    OK, that’s the end of the gum story, in my opinion.

    We are now to focus on Vass must have deposited her own DNA…

    (edited)

  158. Brian Johnston

    November 18, 2017 at 9:10 pm

    The rear of the dinghy at 8.00 pm could have been sitting low in the water? Not because of the trimming of the outboard or in spite of the trimming. Bob’s body could have been in the dinghy.

    Who was the person in the dinghy?

    If only the cops had investigated this case correctly (in my view).

    The sad part is the next case will also be a screw up, I believe.

    (edited)

  159. Dr Peter Lozo

    November 18, 2017 at 3:12 pm

    Great.

    Now who was the person on the dinghy?

  160. Steve

    November 18, 2017 at 12:23 pm

    #535 … Groan. More ignorance! A dinghy sits down at the rear because it is moving at displacement speeds and the bow is lifted by its wave system.
    If it is capable as it speeds up, it breaks free of its wave system and “climbs” on to the plane.

  161. Steve

    November 18, 2017 at 10:36 am

    Peter; I really think if you don’t want people, such as myself, being sarcastic towards you, perhaps you should stick to being an expert on topics you know something about and exercise a little humility when you move into areas where you have no knowledge and no experience.
    If you reckon the Four Winds was putting a load of 10 kN on it’s mooring, that’s a good old fashioned ton of strain, good luck to you. Why should I do your homework for you?
    With regard to my years in the fishing industry, it’s a big world out there and there are many places other than Tasmania with a fishing industry. Your attempts to patronise provided me much amusement as it displayed your automatic assumption that a university lecturer with a PhD is in some way smarter or superior to someone entrusted with a large vessel and the lives of crew members, sometimes under very nasty conditions. I was never in that league as I did not remain in the industry a long time but it is such a classic academic folly to suppose that you can patronise others because of their profession.

  162. Dr Peter Lozo

    November 18, 2017 at 9:45 am

    A brief extension to my  #534

    I note that in his analysis, John TP didn’t say anything about this important bit of the eyewitness statement:

    “He was sitting in the rear left hand side of the zodiac steering the outboard with his right hand.”

    Note that from the perspective of the observer in a house on Napoleon St the dinghy was travelling to the right and approximately perpendicular to the observer’s line of sight to the dinghy. Thus, from the perspective of the eyewitness, the right arm of the person on the dinghy would have partially blocked the view of the chest area. Had the person on the dinghy been a woman with well defined breast size it is quite possible that the eyewitness may not have been able to notice it.

    The other thing that John did not discuss is the following portion of the eyewitness statement that referred to the dinghy:

    “the rear of it was sitting well into the water.”

    Elsewhere on TT, I suggested that the likely reason for the stern sitting low in the water during motion is because of the way the propeller was trimmed, i.e. the angle at which the propeller is sitting in the water. Thus even though a stationary dinghy (with a person sitting at the back) might be sitting perfectly horizontal in the water the propeller will force the bow to lift and the stern to drop during motion (the amount being dependant on the way the propeller is trimmed by the dinghy operator).

  163. Dr Peter Lozo

    November 18, 2017 at 7:41 am

    The “weatherbeaten sailor” on a light coloured motorised Zodiac

    PART II: Was Sue the “weatherbeaten sailor”?

    For those who aren’t aware of an analysis from Oct 2015 which provides an answer to the above question (by a person called John TP ; see Reference 1). Note that I made my own analysis to the above question in May 2015 but with a slightly different approach).

     “1. I very much doubt that a person can from a distance of around 300 metres (with an aid of what most likely would have been a simple telescope) decide whether Sue’s facial features are that of a man or a woman. Sue was sailing the day earlier and shows a bit of a suntan in the photo taken on 26th and as well as on the media video footage taken the next morning. Suntan can hide finer facial details and possibly make it difficult from distance,  with the aid of a telescope, to accurately recognise finer facial features such as wrinkles or even shadows, makeup, etc). With this in mind and the fact that the said witness couple of days later saw a man whom she believed to be the “weatherbeaten man” even though that person did not fit the description, we can confidently assume that we cannot rely on that person’s accuracy in facial feature recognition under the conditions she faced. We don’t even know how good her vision was for fine detail.

     2. I don’t know to what extent Dr Lozo went and what further information he used to conclude that it was Sue. I read his earlier comment (#8 and #11 click HERE ). I get the gist of it can and can see that he went to some detail and was confident about his conclusion.

    3. I did my own analysis on this. Here is a summary of the information I wrote in my notes and used to support my conclusion that it was Sue (this goes well beyond what Dr Lozo and Mrs Etter wrote online):

    (i) Colour of Sue’s hair (dark; fits the eyewitness statement)

    (ii) length of Sue’s hair (almost shoulder length and wavy; fits the description), age 40 – early 50s (close enough given the difficulty listed in 1);

    (iii) Sue’s body shape  (slightly on the stocky side, wide shoulders for a woman; compare her shoulders with that of her daughter in Sarah’s wedding photo; almost same shoulder width as Bob in another photo: photos are available online if you google image search for Susan Neill-Fraser);

    (iv) Sue’s statement that she usually wears loose man’s shirts when out on the yacht (Pg 1142: 

    “Cargo pant and a loose shirt, usually a loose man’s shirt.”).  When a person of Sue’s body shape is seated and is wearing a loose fitting man’s shirt it is not difficult to imagine that she may appear to be stocky;

    (v) the dinghy was motorised; described as being light grey (fits Four Winds dinghy);

    (vi) Sue stated on two occasions that she got home about the time it was getting dark (the sunset was at 8:40 pm; see point 1 in the TT article  “Exceptional circumstances in the Sue Neill-Fraser case”  Click HERE) ; her arrival home coincides well with her leaving the yacht 40-60 minutes earlier; 

    (vii) the dinghy was travelling towards the yacht club (this is where Sue claimed to have left her dinghy after leaving the yacht).

    4. When I take all of the above into consideration (together with the absence of any direct sightings of Sue between say 3 pm and 7:30 am next day, and no valid alibi provided by Sue) I have no doubt in my mind that it was Sue in her dinghy leaving the yacht around 8pm.”

    Now, I note that SNF supporters are either ignoring the “weatherbeaten sailor” and/or are whinging to me about my comments on the subject . I have a question for SNF supporters:

    Would you have thought of the evidence concerning the “weatherbeaten sailor” as being any more significant and of more interest to you had the eyewitness described the dinghy as being grey to dark grey in colour?

    Peter

    ———-

    REFERENCE 1: 

    See #327 by John TP (Oct 2015)

    http://www.oldtt.pixelkey.biz.au/index.php/article/tim-ellis-and-the-australian-womens-weekly-

  164. Dr Peter Lozo

    November 18, 2017 at 6:32 am

    Steve,

    Background data for my previous post:

    1. Wind speed at 5pm: approx  32-35 km/hr (see the graph in Reference 1)

    2. Wind speed for period 8:30 pm – 11:30 pm: 16 km/hr (see the graph in Reference 1)

    3. Wind direction for 5pm: from S – SSE  (see the graph in Reference 1)

    4. Tide direction: from memory I thought I read in the Trial Transcript over 2 years ago that it was an incoming tide. I just had a quick check and it appears that the tide was low (so it had gone out by 5pm). You can check further on internet if you wish. It thus appears that the wind and the waves are the main forces acting at 5pm.

    5. If you come up with a figure of less than 10 kN acting on the mooring then please let me know. It is a complex piece of work but you can seek help to get an approximate range of values for a yacht of the Four Winds dimensions and the stated weather conditions. Etc.

    6. Yes it should be centre of buoyancy (rather than gravity)

    Cheers,
    Peter

    ————

    REFERENCE 1:

    Weather condition Hobart 26 Jan 2009

    https://www.wunderground.com/history/airport/YMHB/2009/1/26/DailyHistory.html?req_city=Hobart&req;_state=&req_statename=Tasmania&reqdb;.zip=&reqdb;.magic=&reqdb;.wmo=

    REFERENCE 2:

    Working out hull drag – Yachting and Boating World

    See the graph showing:

     Drag (kN) as a function of speed (knots) for a 43 foot yacht moving through water.

    http://www.ybw.com/forums/showthread.php?272540-Working-out-hull-drag

    OTHER REFERENCES:

    (i) in some data sheets I saw that a yacht of the length of Four Winds will have a recommended mooring block weighing at least 4000 kg (weight in air).

    (ii) download the following pdf file (goole its link)

    ocel-swing-mooring-design-report-v2.pdf

    Note the drag equation (force is proportional to Area × speed x speed).

  165. Dr Peter Lozo

    November 18, 2017 at 1:42 am

    Steve

    1. Why do you wish to debate on this given that the eyewitness who saw the Four Winds at around 7:45 -8:30 pm (i.e. between 2.75 and 3.5 hours after 5pm) and did not notice anything unusual about the yacht. Had the yacht started taking on water at 5pm then the tilt would surely have been noticed a few hours later when this witneess was looking towards the area of Four Winds (I read Barbara Etter’s blog about the “weatherbeaten sailor” within the first 3-4 weeks of moving onto the case in April/May 2015).

    As for the 5pm witnesses, only one of them made a comment about the bow sitting low in the water. Another, the person who looked at Four Winds and the portside dinghy through binoculars, didn’t say anything about the tilt. On that basis I formed the opinion that the tilt was probably barely noticeable. Had it been a pronounced tilt then I would expected that both of the witnesses to have noticed it. Thus, either the tilt was very small or the witness perceived the bow to be sitting low in the water because the yacht was rocking about in response to the wave action.

    2. As for your calculation. All you have done is to assume the tensional force of 1 kN and used year 10 maths. Here is where you took a guess:

    “Therefore, I’m using an arbitrary 1 kN for the total load on the mooring.:

    Well, you sure got an arbitrary result that may not apply to a yacht of the size of Four Winds under the relevant condition!

    Where did your 1 kN cone from? What if it were 10 times larger? You seem to have forgotten that I mentioned “tidal current and wind” at #506. The two forces were almost aligned on that afternoon – from the Trial Transcript it can be understood that the wind induced choppy river conditions with waves up to 3 feet in height. I would think that the wind and the wave action on the yacht’s hull would be the significant force acting that afternoon. I wouldn’t be surprised if a figure in a range of at least 10 – 15 kN would be more representative of what the Four Winds mooring had experienced that afternoon (I looked online this arvo at graph of a drag force on a 45 foot yacht as a function of speed through water).

    If you wish to pursue this interesting problem on your own then I can provide you with some links to useful online material (but I don’t have time to engage in a debate about this as am quite preoccupied with other work besides this case).

    3. As for your #521

    “BTW, with the exception of one undersized flathead and one good sized trout, I can lay no claim to being a Tasmanian fisherman!”

    Here are you own statements on this blog (which I had read some time ago and thus knew that you, in the past, worked as a professional fisherman for a number of years):

    #157

    “I can say though that I’ve been involved with boats all my life. I spent quite a few years working as a professional fisherman, I’ve skippered my own vessel (more than one actually), until I realised where that industry was headed. I’ve been scuba diving since I was fourteen and have done salvage diving on sunken vessels. I’ve re-floated boats on behalf of insurance companies and have also laid a number of moorings.

    #245

    “As an ex-professional fisherman, who grew up messing about in boats, I find the prosecution’s description of events stretches credibility.

    [I sure did try patronise you because of your sarcastic remark about me at your #509; you tend to have a habit of doing that so please back off]

  166. Steve

    November 17, 2017 at 10:46 pm

    #530; Interesting that out of your four questions, three involve SNF being the “weather beaten sailor”, described by the witness as “male”.
    Only a little while ago, you were arguing that it was unlikely for gender to be mistaken. Of course, as a scientist, you have no bias…
    For those interested in questions, here’s a couple to ponder.

    1. Why was the vessel sunk? The only credible reason for sinking it would be to destroy DNA evidence. Interesting that the one person who had nothing to fear from DNA is the person accused of sinking it.

    2. If SNF was the villain, why did she not simply set the yacht adrift. Drifting yacht, missing owner. Lot’s of innocent scenarios. Easy case of accidental death. The big reason why no-one thinks Bob Chappell simply fell over the side is that the yacht was moored. Had it been drifting, it’d have been a totally different scenario.

    I could come up with many more, mostly based around the serious unlikelihood that anyone would plan and execute a crime with as many problems as this one. The scenario the prosecution put forward could have occurred but equally could have failed at so many points. Who would plan something with so many potential points of failure?

    Bonus question!
    Why rely on a fire extinguisher to sink the body? Planned event; what’s wrong with a few metres of heavy chain? Nothing suspicious about chain on a yacht but 14 kg’s of chain would be of much more benefit than a 14 kg fire extinguisher of unknown SG. If the body is indeed strapped to the fire extinguisher, that strongly indicates a non planned event.

  167. Dr Peter Lozo

    November 17, 2017 at 12:39 pm

    The “weatherbeaten sailor” on a light coloured motorised Zodiac

    The Tasmanian community needs to be aware and has the right to know that there was a sighting of a person on a light coloured Zodiac in the vicinity of the Four Winds at around 7:45 – 8:30 pm on Australia Day and that the person had not contacted police. The fact that the former prosecutor chose not to use this evidence during Sue’s trial doesn’t mean that the evidence was inadmissible or is irrelevant to a post conviction review and analysis of the case. 

    The following questions are important:

    1. Why did not that person contact the police?

    2. Was Neill-Fraser the person on the sighted dinghy?

    3. Is the reason Neill-Fraser’s Bunnings alibi didn’t check out because she was not at the Bunnings at all on that day but was on the yacht the whole afternoon and early evening (from about 2:30 pm to about 8pm)?

    4. Is the reason Susan Neill-Fraser stated in her Stat Dec of 28th Jan that she got home about the time it was starting to get dark because she left the yacht at round 8pm (the sunset was at around 8:40 pm)?

    Those who believe that the matter concerning Bob  Chappell should  be titled “the mysterious disappearance of Mr Bob Chappell” ought to be very concerned about the identity of the “weatherbeaten sailor” on the light coloured motorised Zodiac dinghy and the reason why that person had not contacted the police.

  168. Steve

    November 17, 2017 at 11:25 am

    #518; Hmmm, Peter, you seem reluctant to supply the calculations to back up your “tide forcing the bow down” suggestion. I can see I’ll have to take time off from scrubbing the nets to help out.
    It’s difficult to exactly quantify the force required to hold the yacht against the tide but in my experience, it is usually possible to pull a yacht up to it’s mooring against the tide. Even a large yacht, such as the Four Winds, providing the bottom is clean, does not present much resistance to the water at tidal flow speeds.
    Therefore, I’m using an arbitrary 1 kN for the total load on the mooring. This is the equivalent of 100 kgs and is possibly on the high side.
    Assuming the yacht’s attachment point is the same vertical height from the mooring as it is horizontally away from it, our theoretical mooring line is at 45°. Multiplying our 1 kN by sine 45 gives us a vertical (and horizontal) component of 707 newtons, or about 70 kg, the equivalent of a lightly built man standing on the bow or 70 litres of water.
    Do you really think that someone would think that a 53′ yacht was bow down, due to the weight of a person on the fore deck? Or even several?!
    The above example is not actually very relevant as the actual forces on a mooring are a bit more complex (moorings usually incorporate a spring), but it does put the question in proportion.
    I also note that you state “The yacht will also rotate vertically about its centre of gravity, which will cause a slight lift in the stern.”
    Umm, that should be “centre of buoyancy”. Minor point but if you are going to stand forth as the champion of science, it’s as well to get the details correct.
    With regard to spotting a sinking boat, it’s not usually the depth in the water that gives it away to an experienced eye. A vessel with a lot of water in the bilge reacts differently to waves. If someone stated that they thought the vessel was taking on water at 5 pm, a lot would depend on the experience level of that person. The movement of the boat would be much harder to discern after dark. It would be very hard to spot a sinking yacht, even when it had several tonnes of water in the bilge.

  169. abs

    November 16, 2017 at 11:58 pm

    ah, good.

    so..,polygraphs and ERPs not a logical next step for a defense team then i’ll call it.

  170. William Boeder

    November 16, 2017 at 1:42 pm

    #524. Dr Peter Lozo, given that the volume of comments relating to this case this commentary has offered points of contention that have not been acted upon by those that formed the group of police investigators into SNF case.
    (Though this matter should be titled the mysterious disappearance of Mr Bob Chappell.)
    I am led to believe that the DPP is the person that makes the recommendation which ultimately becomes the decision to go to trial.
    If this is incorrect please advise me otherwise, also if you are aware of any other procedure that may alter my understanding, could you please advise me to correct my advised belief?

    Inevitably it is my opinion that this case was not ready to go to trial, my reasoning is that without a solid block of evidence the investigators should have continued their pursuit for fact-based evidence rather than fall back on theoretically inserted suppositions.

    As an aside to this case matter, a lot of “cold case non-resolved suspicious deaths when same are revealed to the public” persons often trawl through the recorded evidence, to establish the over-looked or negated person who has committed that particular cold case crime.
    The cold case contributing persons are not necessarily persons of high academic stature but are persons with a sharp mind capable of their own intelligent deduction, whereby such persons can better identify the actual perpetrator of a particular cold case crime.
    Please read in its entirety all that is held in this URL below.

    http://www.cla.asn.au/News/legal-system-fails-to-comply-on-rights/

    The cold case methodology approach to the SNF unsatisfactorily – in my view – arrived at conviction, may well lead to the identification of the actual perpetrator of the said crime.
    Given my personal view into this SNF matter, the State of Tasmania Justice system will not condone any rebuke.
    My question here is why?

    (edited)

  171. Dr Peter Lozo

    November 16, 2017 at 10:56 am

    Well Dr abs,

    Good for you.

    I have nothing further to add on this subject that would be of interest to you Sir/Mam.

    Best wishes,
    Peter

  172. abs

    November 16, 2017 at 10:30 am

    ” I am well versed with the field and understand it to considerable depth” #Peter

    no, you are not Peter! Period

    to paraphrase Donald Rumsfeld.

    “You don’t even know, what you don’t know.”

    I have designed and conducted a handful of ERP studies, and published in peer reviewed journals. I am sceptical of my expertise in the area. you have no idea

  173. Dr Peter Lozo

    November 16, 2017 at 7:26 am

    #519 Brian

    Although my question at the end of #515:

    “Why is not possible for you to therefore imagine that on the Australia Day evening she was probably partying with her friends, consumed alcohol and/or a recreational drug. Woke up the next morning with no memory of the night before.”

    was addressed to William, I will accept that you too have an opinion. I will address only a part of your response as follows:

    “Because Vass’s DNA was on the boat and more than likely was deposited by her.”

    The above statement of yours tells me that because you believe that MV was definitely on the yacht that you aren’t prepared nor willing to even consider the alternative (not even for the sake of an analytical exercise and a problem solving experience) that MV was not on the yacht and that it was a secondary DNA transfer. That in my opinion is a closed mind.

    Had you chosen to consider this alternative then you might have improved your analytical and problem solving skills, and gained some extra useful knowledge during the process. For example, you might have decided to do some research about the character in question (via various Facebook accounts and the nature of postings, likes and dislikes; and do that for one or two people whose comments to her are odd or insulting, etc).Then you might be in a better position to make a decision as to what she is afraid off, why she behaved the way she did in the Supreme Court the other week, why she retracted her Stat Dec, why she initially agreed to sign the Stat Dec, etc. Based on my research of the case and a few facebebook accounts I came to the  conclusion that the person was most probably in a different universe on the Australia Day evening and it did not include Four Winds. I wouldn’t be surprised if Barbara Etter also looked at the facebook postings and concluded that MV’s Stat Dec was absolute crap that was invented by another party who was after fame and fortune. I also concluded that Barbara is an excellent researcher (gathers a lot of the relevant information from various sources and analyses it to a considerable depth in order to make sense of the data).

  174. Dr Peter Lozo

    November 16, 2017 at 2:37 am

    The ‘real killer’ of Bob Chappell: a personal opinion

    My conclusion is that the real killer in this case is the person who chose not to call the cops to inform them that he/she was on a motorised dinghy in the vicinity of Four Winds a short time before sunset. That person must have had a strong reason for not contacting the police. That person was spotted in the vicinity of Four Winds at around 7:45 – 8:30 pm Australia Day.

    It is my opinion, that the following was a very significant witness statement provided to police shortly after the Australia Day by an eyewitness who saw the person on the dinghy:

    “Last night between 7.45 pm and 8.30 pm I was looking out of the living area window and I noticed a light coloured Zodiac dinghy out on the river travelling towards Wrest Point in an arc towards the DSS Yacht Club. I first noticed the Zodia (sic) appear in the vicinity of where a yacht was sinking this morning.

    It had an outboard motor propelling it and the rear of it was sitting well into the water. There was only one person on the Zodiac, a male, stocky/solid build, late 40’s to early 50’s, weatherbeaten sailor type look, short reddish brown hair, but not close shaven. The hair was possibly a bit wavy and was fairly thick.

    The male was wearing a collared white short sleeve shirt with no obvious pattern or emblem. He was sitting in the rear left hand side of the zodiac steering the outboard with his right hand. It didn’t look like there was anything on the boat at all.

    It was travelling at an average speed and I last saw it about half way between the sinking yacht (this morning) and the DSS.”

    You can read the rest of the whole amazing story on Barbara Etter’s blog:

    http://www.betterconsult.com.au/blog/the-weatherbeaten-man-in-the-sue-neill-fraser-case/

    Some food for thought:

    1. So folks, what do we have here?

    2. Who do you think it may have been?

    3. Does the description of the dinghy help?

    4. Does the time-frame help?

    5. Do you think that had the Four Winds started taking on water as early as 5pm (as some seem to suspect) that therefore the effect would have been more pronounced and thus readily visible 2-3 hours later to the eyewitness who was looking through a telescope and that it would be then mentioned in the statement provided to police?

    6. More importantly, do you think that had the Four Winds started taking on water as early as 5pm (as some seem to suspect) that therefore the effect would have been more pronounced and thus readily visible 2-3 hours later to the person on the motorised dinghy (who could have told the cops some useful information).

    7. How does the above witness statement compare to Vass’ retracted Stat Dec of April? 

    8. Did Etter see a conflict in the time-frame between the statement of the above witness and Vass’ retracted Stat Dec? 

    9. Did Vass know and describe in any detail in her retracted Stat Dec about the yacht that some believe she was on?

    10. We trust Mr Maddock’s testimony (I do). He did the right thing and got in touch with the cops. But what do you think about the dirty scoundrel who chose not to contact the police to inform them about being in the vicinity of Four Winds on a motorised dinghy at around 7:45 – 8:30 pm?

    11. Should we be searching for the identity of that one person who had not come forward or shall we continue debating about Vass DNA till we die?

    12. Etc, etc..

  175. William Boeder

    November 16, 2017 at 12:14 am

    #520. Dr Peter Lozo, a common mistake found prevalent among the higher educated persons of today is that those not of the same high level of academic achievement must accordingly be inferior in their personal intelligence capacities.
    Often I find that it is wise to dwell on the known facts and then to fan out from that solid base of fact.
    Yet in the SNF case, there was much in the way of postulation, speculation, presumption, approximation, guesstimation and a great deal false supposition.
    Rather than one attempt to deal with the volume of such as I have touched on in the above, what is wrong with taking further time to discover further facts?
    What my conjecture is all about is, why the haste to lob a guilty verdict upon the partner of Bob Chappell, then the who why and what, that necessitated the commencement of the SNF trial………without any substance of proven fact, in my view.
    This SNF matter has further revealed the inadequacy in this State of proven professional investigation protocols.

    In all of my reading of the many Tasmanian homicides and other very serious crimes committed, one can thereby soon determine that inevitably there has been an insufficiency of thorough investigation.

    Take for an example the case referred to in the below URL, believe it or not, this young woman is still held on file as a missing person.

    https://www.missingpersons.gov.au/who-missing/tas/munnings-helen

    (This excerpt is part of this URL contained commentary.)
    Helen Munnings was last seen alive shortly after 4pm on 23 July 2008 in the vicinity of Centrelink, Marine Terrace, Burnie. In June 2012 Coroner Robert Pearce “declared her to be deceased” having died on or about 23 July 2008 in or near Burnie.

    In my reading of all the available evidence that was centred on this case, why was this case closed and all further investigations halted?

    http://www.examiner.com.au/story/438171/taylor-denies-killing-in-spite-of-perfect-motive/

    One can soon determine (based upon the available evidence) who the chief suspect is or was, yet no prompt arrest and trial had occurred….. though this case had the identical mysterious aura hovering among and above that of the SNF trial and conviction.

    Could you please offer your scientific specialist opinion if you can sense the imbalance between both Tasmanian Police investigated deaths?

  176. Steve

    November 15, 2017 at 11:21 pm

    #518; I do believe you are trying to patronise me Peter. This should be entertaining!
    With regard to your thoughts on the mooring of yachts, may I suggest you quantify your vectors, do the appropriate calculations, taking into account the displacement of the yacht and then present your results.
    BTW, with the exception of one undersized flathead and one good sized trout, I can lay no claim to being a Tasmanian fisherman!

  177. Dr Peter Lozo

    November 15, 2017 at 10:13 pm

    #512 Brian

    ”Do you Peter or anyone know why Barbara Etter has pulled out from the Sue case.

    I do not know Brian.

    But I do have a reasonably well based opinion (based on my quick look in July at Barbara’s Facebook friends list, as well as that of Eve Ash; and compared that to what I recall was there when I first looked at their respective Facebooks at the beginning of my research into this case back in April/May 2015).

    My opinion is (and was way back in July when I made several comments on Ch 7 Facebook after the program on Neill-Fraser shown on Sunday Night) that Mrs Etter left because she disagreed with Neill-Fraser (and/or Richter and/or Percy) on the legal strategy of what to present to the Court in June for Sue’s appeal. I think that when Barbara read Richter’s dossier, she spotted something that she did not trust and did not wish to use. Keep in mind that unlike any of the other lawyers involved in the case, Barbara has a very extensive knowledge of the details of the case (some gained via RTI), has a science degree and an interest in forensic science interest, and has had a considerable and a distinguished past career in a policing profession (reaching a very high rank in WA Police). I think that she would have been more capable to assess the relevance and reliability of some of the new material better than Richter, Percy and others (Ash, Neill-Fraser and some members of her family).

    I am opinion that Barbara made a very smart move and has saved her reputation as a newly practising lawyer (but has lost some Facebook friends as a result). I had over the past 2+ years disagreed with her interpretation of some key evidence in the case but I, who never Barbara, have a complete trust in her integrity as a professional lawyer.

  178. Brian Johnston

    November 15, 2017 at 8:37 pm

    #515 Because Vass’s DNA was on the boat and more than likely was deposited by her.

    If Vass was on the boat and was a witness to what happened to Bob then her memory is not lost in some ocean.

    Vass has denied being on the boat and has changed her story. I believe it is quite possible she could be running scared. If Vass did witness something she may be afraid of others or have a fear of going to gaol.

    in my opinion the police have the case wrong, bungled if you like, do not want to admit to error and Vass knows what happened.

    It is time this charade was bought to a close.

    If Sue is released the police will surely say forever She did it.

    Vass has to talk. Has to. In the meantime Sue should be released because she is not in gaol based on evidence. She is in gaol because if an invented story line and unbelievably the jury bought it.

  179. Dr Peter Lozo

    November 15, 2017 at 8:26 pm

    A simple physics lesson for a Tasmanian fisherman

    This was part of a post #509 by Steve (a Tasmanian fisherman):

    ”For those not familiar with boats, I would suggest that if a yacht was so moored that the mooring was visibly pulling the bow down, it would not remain moored for very long. If you watch the news, you’ll see the bow down phenomena occurring during serious storms and it usually precedes the vessel washing up on the shore.”

    Now, I am not a fisherman and have never been on a yacht. The problem we are dealing with is a typical problem that might be given to year 12 physics students during a mid year exam. Below is my summary of the relevant forces acting on a moored yacht and the net effect of those forces:

    1. A yacht that is moored to its moor (via a length of rope/chain) will face in the direction opposite to the tidal current.

    2. The force of the tidal current will force the yacht as far from its moor as I physically possible thus tensing up the restraining rope/chain.

    3. The resultant tension in the rope/chain will act in the opposite direction to the tidal current. That is, the tension in the restraining rope will work against the force that is forcing the yacht away from its moor.

    4. A yacht’s mooring rope/chain is typically anchored to a bow at a point that is some height above the water surface, thus making a non-zero angle with respect to the horizontal. That means that the tensional force in the rope acting on the yacht have two components: a vertical component (a downwards component pulling on the bow) and a horizontal component (pulling the yacht towards its moor).

    5. The net effect of the downwards force on the bow will be that the bow of the yacht will be forced to sit lower in the water than under the condition of zero or very little tidal current. The yacht will also rotate vertically about its centre of gravity, which will cause a slight lift in the stern.

    6. The bow will appear to be sitting low in the water. From the perceptual point of view, the effect will look as though the yacht is tilting as a result of taking on water.

    7. If the tensional force in the restraining rope/chain exceeds a certain threshold then the yacht will drift away with the tidal current.

  180. Steve

    November 15, 2017 at 7:34 pm

    #508; Many thanks Garry, I couldn’t recall the details. Working back from 8 am would put the earliest commencement at 11 pm, which wouldn’t have fitted with the prosecution’s hypothesis.
    I would suggest that Mr Barrett was not asked originally to narrow that time down as tightly as humanly possible. Had he been asked to do so, I’m quite sure he could have got at least the minimum time much more accurately, even if he had to engage a hydraulic engineer to calculate the flows.
    The maximum flow of a fluid through an orifice is a physical property. It can be nailed down to very fine levels. Obviously many things can reduce the flow but the maximum flow(ie minimum sinking time)should not have presented a problem.

  181. Steve

    November 15, 2017 at 7:08 pm

    #511; “This would be a suitable research project for a Masters or a PhD in forensic science” .

    Interesting to to get the inside running on what’s required to qualify for a PhD these days.

  182. Dr Peter Lozo

    November 15, 2017 at 5:46 pm

    #507 William

    I am aware that your post was addressed primarily to Richard Kopf. I will address the following part of your comment given that you did not bother to go beyond any other significant factor other than SNF’s age:

    “I have stated previously that the aging process can have its detrimental effect upon an elder person’s memory recall (SNF) yet it seems OK for Ms Vass as a prime witness in this case, to be quite OK for her delivery of differing or varied accounts when requestioned about her evidence based upon her suddenly vague memory recall.”

  183. Dr Peter Lozo

    November 15, 2017 at 4:18 pm

    On the reasons for processing the raw EEG data to get useful ERP data

    Below is a brief explanation for why EEG data needs to be processed in order obtain useful ERP signals. The two brief paragraphs are from a book titled

    M.A. Arbib (Ed.) The Handbook of Brain Theory and Neural Networks, MIT Press, Cambridge MA, 2002, pp. 412-415. Event-Related Potentials Steven L. Bressler

    The relevant section of the book is titled:

    ”Event-Related Potentials”

    The chapter is available online at:

    http://cognitrn.psych.indiana.edu/busey/eegseminar/pdfs/Event-Related PotentialsIntro.pdf

    “A general problem in the investigation of ERPs is that field potential recordings most often contain a combination of potentials, in unknown proportions, from multiple sources. Thus, in addition to the ERP, which is derived from specific networks associated with a behavioral event, the field potential typically also contains potentials derived from the more general field activity of large neural populations. Owing to their fortuitous geometric arrangements and synchronous behavior, these later potentials are mixed with the ERP waveform. Thus, a primary task of all ERP studies is to extract the event-related portion of the recorded field potential.”

    ………

    “The study of steady-state ERPs also depends on a variant of frequency analysis. Field potentials recorded during periodically modulated sensory stimulation are narrow-bandpass filtered around the frequency of the driving periodicity to derive the steady-state (periodic) ERPs. Variations in the amplitude and phase of the steady-state ERP are interpreted in terms of driving frequency, spatial location, and behavioral state.”

    [the emphasis above in bold is mine]

    #502 – #503 abs,

    You are absolutely correct: I don’t have any practical experience nor a single publication on EEGs or ERPs. Had the project I mentioned earlier gotten off the ground then I most probably would have been involved in the project management and active research. The closest I got was when I obtained a simple kit on Neurofeedback kit (when I was preparing the research proposal; I also purchased a book in 2003 on Neurofeedback, by James A Evans and Andrew Abarbanel). Neurofeedback had two electrodes, some gel, a manual, cables, a CD and a box that connected between the electrodes and a computer. But I never stated that I was an expert in the field of EEG and ERP related work. My understanding comes from reading literature (and a seminar I went to; as well as youtube videos!!). I never stated that I was an expert in this field. But I am well versed with the field and understand it to considerable depth.

  184. Brian Johnston

    November 15, 2017 at 2:33 pm

    #505 Richard. Fake as. I nearly fell asleep. Not exactly gripping. I noticed one scene looking back along the train, the tunnel behind did not appear to line up with the train. Another scene two people sitting in a carriage opening with a sheer drop beside them. All carriage windows had the same snow border. From memory no steam on breath and no shivering when outside train. And so the fakery went on.
    I expected more suspense.

  185. Brian Johnston

    November 15, 2017 at 1:03 pm

    Do you Peter or anyone know why Barbara Etter has pulled out from the Sue case.

    Barbara Etter was assistant police commissioner? in Western Australia would know of Brett Christian’s book and would know all about corrupt cops …

    Why didn’t she from her position do more to bring about change. I presume she didn’t because nothing seems to have changed

    I will quote from Brett’s book page 234
    The officer (L5) said.

    I had an extremely qualified teacher….it was taught to me how to make a seemingly innocent conversation into something very plausible that would stand up in court….
    Everybody has a unique way of speaking, of introducing particular words into their vocabulary and that comes out after an hour or two hours of interview….and also you record things like where they live, the house, what colour are the walls, because this all tends to add credibility as well….the picture you want to paint at the end has to be realistic, it has to stand up in court whether to a magistrate or a jury.
    It happened all the time, it was regular procedure. everybody was doing it….it was standard practice and procedure.

    The book also covers police verballing methods as described by L5 page 233

    As I have said previously on this site the whole police/ justice system has to be completely overhauled from police to jury.

    The police have to stop teaching each other all the bad tricks

    If only the politicians would bring about the necessary changes. It is up to us to lobby the politicians.

    (edited)

  186. Dr Peter Lozo

    November 15, 2017 at 12:21 pm

    #504

    Step 6: take a swab for DNA analysis

    Step 7: extract DNA from the swab

    Step 8: analyse the volume and the quality of the DNA

    Step 9: Repeat most of the steps at different time intervals

    Step 10: generate a table from the above series of experiments

    Step 11: Compare the volume and the quality of MV’s DNA to the above mentioned experimental table

    Step 12: On the basis of the above study make a conclusion on whether the chewing gum on the bottom of a shoe is a feasible physical mechanism by which MV’s DNA could have been deposited on the walkway next to the starboard gate.

    This would be a suitable research project for a Masters or a PhD in forensic science

  187. Dr Peter Lozo

    November 15, 2017 at 12:01 pm

    1. The signal processing software in Dr Farwell’s brain fingerprinting technology was patented.

    2. Here is a link to a book (not related to the above)

    Advanced Signal Processing on Brain Event-Related PotentialsFiltering ERPs in Time

    http://www.worldscientific.com/worldscibooks/10.1142/9306

  188. Steve

    November 15, 2017 at 9:49 am

    #503; abs; that’s a bit harsh. Peter studies websites and reads newspapers. As he is a physicist he perceives more than others and this enables him to become an instant expert on any topic.
    I notice that in #506 he’s mentioning how the tide and wind can make the bow of a yacht appear low in the water. I spent some years in the professional fishing industry, including skippering my own vessel. It’s always interesting to learn something new about one’s trade, even if it is many years in the past.
    For those not familiar with boats, I would suggest that if a yacht was so moored that the mooring was visibly pulling the bow down, it would not remain moored for very long. If you watch the news, you’ll see the bow down phenomena occurring during serious storms and it usually precedes the vessel washing up on the shore.
    Most people experienced with boats would be able to tell at a glance whether a boat was being snubbed by it’s mooring.

  189. garrystannus@hotmail.com

    November 15, 2017 at 9:38 am

    Steve (#500):
    26Jan2009: 7:00pm (Monday) was, according to the report of Fred Barrett, a naval architect, the earliest (approximate) time that the seacock had been opened and the pipe hose cut, resulting in the FW taking water. [he estimated that from the seacock being opened and the pipe hose cut, it would have taken 9-12 hours for the FW to fill to the level that it had and that – working backwards – he established the approximate earliest time that the FW began to fill. Barrett’s filling model was based on both entry points being opened at the same time. He admitted the possibility that the time period for the FW to fill to that level could possibly have been 7-14 hours … which would have extended the earliest start time to approximately 5:00 p.m. 26Jan2009 – gfs.]

  190. William Boeder

    November 15, 2017 at 12:20 am

    #502. Richard Kopf, what is your take on the SNF conviction?
    I do believe the SNF case should be preceded by the words “the express circumstantial orientated conviction of SNF.”
    This case was wholly based upon the sudden mysterious disappearance of Mr Bob Chappell.

    From this point onwards (other than the Meaghan Vass DNA) no further factual evidence, nor express motive, nor the observable intent, were then supposedly and collectively alleged to be inherent in the person of SNF.

    I have stated previously that the aging process can have its detrimental effect upon an elder person’s memory recall (SNF) yet it seems OK for Ms Vass as a prime witness in this case, to be quite OK for her delivery of differing or varied accounts when requestioned about her evidence based upon her suddenly vague memory recall.

    simply put, in my opinion, the SNF conviction was based on questionable assumptions, hypothetical imaginings’ also added or had included the prosecution bench……… that had surmised and imagined or theoretical opined, that was permitted to become acceptable evidence to provide the nonentity of its bare circumstantial evidence only, that went on to create her conviction.

    In my opinion, Tasmania’s Supreme Court history provides another Supreme Court judge who would also summarise the trialed case in a very deliberate suggestive manner (heresay)

    (edited)

  191. Dr Peter Lozo

    November 14, 2017 at 6:00 pm

    #500 Steve

    “yacht’s rate of sinking”

    Good observation.

    Had I known the diameter of the cut pipe and the seacock, the depth of these inlets and the approx volume of water that entered the yacht, I probably would have spent some time on this issue. The mathematics is relatively simple: I did look at some text on this problem. But I was of opinion that the person who did the estimation would have known what he was doing and better than I would.

    However, there was another small related issue that I did address. One of the 5 pm witnesses said that the yacht was sitting low at the bow. Barbara Etter thought that perhaps therefore the yacht probably started taking on water as early as 5 pm. I provided a simple alternate physical explanation related to the vertical and horizontal components of the force acting on the bow of a moored yacht during a tidal current and wind. I can’t recall on which Neill-Fraser TT blog I made the comment(Barbara comment is on her own website).

  192. Richard Kopf

    November 14, 2017 at 4:17 pm

    #491 … A good source? Murder on The Orient Express.
    An enjoyable movie but all fake. Model trains fake views out of windows, the scenery was filmed in New Zealand and all action filmed in a London film set.

  193. Brian Johnston

    November 14, 2017 at 3:22 pm

    Lets put an end to this chewing gum secondary transfer nonsense.

    Anyone can perform this simple test at home

    We have all stepped on gum in the street and have had it adhere to our shoe. Terrible.

    Remember we are looking for a substantial amount of DNA.

    Test:
    1)Chew a piece of gum.
    2)Take it from mouth see that it is wet and throw it on the ground.
    3)Wait a period of time return to gum and see that gum is dry.
    (One could reasonably expect little or no saliva inside the gum.)
    4)Stand on gum, walk a few steps and step onto a surface representing a boat deck.
    5)Examine the area stepped onto for moisture.
    Result, nothing

    How is a person supposed to step on gum, walk onto the yacht and very conveniently squeeze out a dollop of DNA onto the deck.

    This chewing gum and secondary transfer is total rubbish and is only bandied around as some type of evidence to shore up a sloppy police case- in my view – and to justify and prevent the need for any further questioning of Vass.

    The DNA is more than likely phlegm or snot.

    (edited)

  194. abs

    November 14, 2017 at 1:30 pm

    i just noticed this in Peter’s #498

    “Note: there is a lot of signal processing between the raw EEG signal and the final signal that is used to make a decision upon. The computer algorithm would most probably be commercial-in-confidence.”

    OMG!!

    Peter, you have no experience in ERPs research do you?

    never actually conducted any ERP research, have you?

    never had the experience of fitting the cap, gaining appropriate level signal, conducting experiment etc, have you?

    never sat down and processed the eeg signal to achieve an ERP, have you?’

    i could go on but the response pattern would be replicated.

  195. abs

    November 14, 2017 at 1:16 pm

    ahh, more self professed expertise…..

    why, then, with your self-professed expertise, would you express surprise that “….Mr Richter and his team (Eve Ash and the former Victorian police officer) didn’t apply the lie detection technology to any of their witnesses before Mr Richter submitted his 25 page dossier to the Tasmanian Government in May.” (peter in #482), when the research literature on ‘brain fingerprinting’ is clear that there is not the level of reliability, nor validity, associated with this method (not to mention discredited polygraph technology that you promote as valid??)

    I doubt ‘we’ could discuss ERPs in ‘considerable depth’.

    I could. (if i did, i would not reference youtube ;). I consider claims of ‘considerable knowledge’ of ERPs valid when they are accompanied by evidence in the form of publication of conducted ERPs research in peer reviewed ERPs specific journals (there is alot of very sub-standard to complete rubbish ERP studies published in peer reviewed, yet non-ERP-specialist journals). otherwise your claim goes in the pile of things-Peter-claims-expertise-in-yet-evidence-for-said-claim-remains-lacking.

  196. Dr Peter Lozo

    November 14, 2017 at 12:23 pm

    Prof Stephen Grossberg’s publications that I referred to above at #495 (and over 500 other papers) can be downloaded for free from his personal website

    http://www.cns.bu.edu/Profiles/Grossberg/

    “Stephen Grossberg (born December 31, 1939) is a cognitive scientist, theoretical and computational psychologist, neuroscientist,mathematician, biomedical engineer, and neuromorphic technologist. He is the Wang Professor of Cognitive and Neural Systems and a Professor of Mathematics, Psychology, and Biomedical Engineering at Boston University.”

    I studied his mathematics, theories and computational neural models (particularly those that dealt with learning, memory, perceptual grouping, visual perception, motion perception, object recognition, etc).

  197. Steve

    November 14, 2017 at 12:05 pm

    #492; Peter, if your interest is purely on the science, I’m surprised you haven’t tackled the interesting question of the yacht’s rate of sinking. If I remember the trial transcript correctly (it’s a while since I read it), the “experts” came up with quite a wide window which didn’t fit with the prosecution case. Under pressure from the prosecution, they conceded that the sea cocks might have been opened later than they first opined.
    It seems to me, that the rate at which a yacht sinks is a straight forward physical fact. Given the relevant information it should be possible to calculate it down to a very fine margin. In your position as an armchair expert, it’s unlikely you would be able to access all the information required, such as the exact degree to which the valves were open and whether there were any obstructions. I do think however, with a bit of research, it would be possible to identify the seacocks and the displacement of the yacht. Given the kv of the valves, it should be possible to calculate the minimum time, based on fully open and no obstructions.
    It would be interesting if that minimum time turned out to be longer than expected. In my opinion, the defence missed a trick with the yacht. They should have moored it back out there, opened the seacocks and sat back with a stop watch. There is of course the possibility that they did get expert opinion that was unfavourable to their case, so left well alone.

  198. Dr Peter Lozo

    November 14, 2017 at 11:42 am

    Maddock’s wooden dinghy

    See the photo in this online article

    http://mobile.abc.net.au/news/2017-11-01/tas-susan-neill-fraser-day-3-conviction-appeal/9107180

    Garry did not say anything about Maddock stating that he did not have a motor on his dinghy (but Garry did say that Maddock rowed that night).

    Mr Hughes heard a motor and said that the dinghy was an inflatable. The shapes are very different.

    See my analysis above at #459 on Hughes’ testimony versus Maddock’s testimony.

  199. Dr Peter Lozo

    November 14, 2017 at 4:44 am

    BEYOND TOMORROW – Brain Fingeprinting

    https://youtu.be/O3OUuCH_Owo

    Note: there is a lot of signal processing between the raw EEG signal and the final signal that is used to make a decision upon. The computer algorithm would most probably be commercial-in-confidence.

  200. Dr Peter Lozo

    November 14, 2017 at 1:31 am

    $489 abs

    abs

    Further to what I posted  to you earlier:

    I actually gave a lecture on ERP’s (from a theoretical perspective) to Prof Clark’s final year Cognitive Science students in 1998 (Prof Clark invited me to present two 2 hour lectures on Advances in Cognitive Science). Several years later I considered the possibility of a joint research program with him on ERPs (thought controlled robotics; I must have been influenced by Clint Eastwood’s movie Firefox!) but the cuts in the defence (DSTO) budget at that time prevented me from getting the project off the ground (I was intending, via my then defence related work task, to fund the project at Flinders University). Thus, my depth of knowledge concerning ERPs and its applications is considerable (definitely well beyond that of an ‘amateur sleuth’).

  201. Dr Peter Lozo

    November 14, 2017 at 1:05 am

    On Vass DNA & forensic scientist opinion

    1   A reliable forensic scientific opinion is the one that is based on the relevant experimental study (just look at the error Dr Colin Manock made with respect to the murder scenario in the Keogh case because neither he nor the Police Forensics people bothered to subject Dr Manock’s opinion to an experimental test in the relevant bathtub).

    2. Since the Victorian forensic scientist (nor anyone else to my knowledge) does not appear to have conducted the relevant experiments with chewing/bubble gums on people’s shoes to see how much DNA would be deposited (and how its quality would vary) as a function of time a chewing gum was on person’s foot and walked on before the foot hits the walkway on Four Winds, or a similar surface (2 hours, 4 hours, 6 hours,  ..72 hours), I do not consider his opinion to be scientifically reliable. It appears that he is aware of what happens to the quality and volume of DNA as a function of time when that DNA is from a direct physical contact (between skin and a surface). He then applied that knowledge to this case. But that might be irrelevant to this case because it is claimed by him (as was by Grosser in 2010) that the source is a bodily fluid – saliva or blood, ..(because of the volume). 

    3. Does the saliva based DNA have the same dropout rate (as function of time) as the touch based skin DNA? That is the fundamental scientific question to ask regarding his opinion.

    4. It amazed me that the subject of a chewing gum came up (someone must have been reading my posts!)

  202. Dr Peter Lozo

    November 14, 2017 at 12:22 am

    #489 abs

    Good to see you join us on the discussion about the lie detection technology. I had a feeling that you would be on here within 24 hours of a mention of ERPs! I think we can discuss this subject to considerable depth. I recall you stating on another Neill-Fraser blog that your PhD was on ERPs.  

    My first exposure to the concept of ERPs  was in early-mid 1990’s when I studied the Adaptive Resonance Theory (towards my PhD).

    The roots of ART (a neurocognitive theory of information processing in the brain) can be found in this 1980 paper.

    “How Does a Brain Build a Cognitive Code?”

    https://link.springer.com/chapter/10.1007/978-94-009-7758-7_1

    How ART explains ERPs is in this 1987 paper:

    “Probing cognitive processes through the structure of event-related potentials during learning: an experimental and theoretical analysis”

    https://www.osapublishing.org/ao/abstract.cfm?uri=ao-26-23-4931

    I would be keen to continue a further discussion on ERPs.

    Cheers,
    Peter

  203. Brian Johnston

    November 14, 2017 at 12:17 am

    Just checked the trial transcript

    Hughes said the dinghy was going at a slow speed.
    That it was a rubber inflatable

    When cross examined by Gunson, Hughes said the person was sitting in the middle of the dinghy

    No.40 Gunson asks Hughes if the outboard was noisy or quiet. Ans. it was reasonably quiet.
    I think he should have first asked if there was an outboard. Gunson effectively put words into Hughes mouth which did not help Sue one little bit.

    Gunson then established with Hughes the dinghy had an outboard. What!

    The line of questioning to my mind was shocking.
    Gunson was suggesting there was a dinghy and Hughes was agreeing. It was leading questions which I do not believe is permitted.

    How can you sit in the middle of a dinghy and operate an outboard. You can’t. You are either in the rear seat or at the rear on the transom.

    Hughes said the dinghy was going at a slow speed and I would suggest at rowing speed. If the dinghy was powered by outboard it would be moving at a recognisable speed.

    Unwittingly Hughes was trying to help the person who was cross examining him and maybe not aware he was helping to box Sue in

    Now what sort of dinghy did Maddock have.

    As a tactic to assist his client Sue why did Gunson go to such effort to put a motor on the dinghy. Why not create the impression it was being rowed and by the sound of it, it was being rowed. I don’t think Hughes heard an outboard. I don’t think Hughes got out of his car though under pressure agreed he may have.
    This questioning is absurd, in my view.

    What a messy case.

    Well it has to be messy if you want to box Sue in and confuse the jury, in my view.

    (edited)

  204. Dr Peter Lozo

    November 13, 2017 at 11:48 pm

    Brain fingerprinting

    Here are links to two brief youtube videos on the brain fingerprinting technology:

    https://youtu.be/REqfGFKxBzU

    https://youtu.be/61TTrgps6zY

    The technology is currently typically used as an absolute measure rather than a comparative measure. That is, it is applied to one person to test whether that person knows or recognizes certain elements of a crime.

    What I would suggest is that a comparative test be conducted (comparing the results from Sue with the results from Meaghan). I would do the same using the conventional lie detection technology. That way the test would have a  scientifically higher reliability and meaningfulness (if both subjects were to separately be subjected to exactly the same set of test questions after the instrument (s) are calibrated).

     But as I stated earlier (and as in the online links provide by abs, lie detection technology isn’t admissible in Australian Courts. There are also  mixed opinions on their reliability.

    Peter

    Ps: I became familiar with the basic science behind the technology in mid to late 1990’s (via some work I was involved with at that time and via a seminar by Prof Richard Clark, a Cognitive Neuroscientist of Flinders University, who at that time was using Event Related Potentials (ERPs) to see how effective it would be in a neuropsychological application – communication with neuropsychological patients who aren’t calable of speaking and writing; it had a high degree of accuracy, over 90% if I recall correctly). I recall that in  late 1990’s there was some interest by a professional research body in Adelaide in researching ERP’s for a possible application to lie detection. I had an interest in mid 2000’s in using ERP’s to control a mobile robot (i.e thought controlled robot)

  205. Dr Peter Lozo

    November 13, 2017 at 11:06 pm

    Steve,

    The topic of Lindy Chamberlain is also off topic!

    I am a physical scientist and am not interested in legal matters concerning such things as the conduct of the prosecutor in the Wood case. Had I been a lawyer then I would most probably stick to commenting about the legal matters. You might believe the claim that “Mr Tedeschi had tried to bolster the Crown case by resorting to fiction, impermissible reasoning and innuendo,..” but I don’t necessarily do!

    My concern was understanding the scientific work that went into that case. Based on my analysis of the scientific problem and the way the two experts did their experiments, it is my opinion that the defence expert’s experimental study wasn’t quite relevant to what was known about the case.

  206. Brian Johnston

    November 13, 2017 at 10:47 pm

    Saw ‘Murder on the Orient Express’ this evening.

    I remember 4 lines

    If you leave it to the police
    They will find the culprit
    Right or wrong
    They will hang’em

    Written in 1934
    Set in 1925-1933

    Question: Were these lies in the original book by Agatha Christie

    As I have often said to people ( and in our case we think of the Sue matter) this nonsense has been going on for 100 years.

    The difference is in recent years they have stepped up the pace.

    One would think that with all the advances and knowledge of the modern age the police would actually be able to ‘solve’ a case.

    Not asking much? Is it

  207. abs

    November 13, 2017 at 8:19 pm

    A few links for ‘amateur armchair sleuths’ (including Peter when cognitive neuroscience is central) …

    http://www.sciencedirect.com/science/article/pii/S0301051113001154

    http://www.apa.org/research/action/polygraph.aspx

  208. garrystannus@hotmail.com

    November 13, 2017 at 7:52 pm

    …/
    And in toto, the evidence of Maxwell Jones, given in court, given with all its professional ‘couldn’t rule out’ caveats and concessions, probabilities and the like, suggests in my opinion that the Vass DNA deposit found on the Four Winds, was, more likely than not, deposited directly by her:

    -If he (Jones) knew nothing about the case, he said that such a deposit would normally indicate to him a primary transfer. [The clear implication of this was that Jones had seen no evidence which would indicate/support a secondary transfer scenario. Following Jones’s evidence, Brett J asked for [written submissions from counsel] regarding a matter which had arisen in the course of Jones’s evidence in court.

    -From the electropherogram, he would expect the deposit to be primary, although not being able to rule out secondary, but certainly… [he gave evidence about allelle designation, height of peaks, ‘stochastic variation’ and “dropout” and how the electropheresis showed “very little signs of degradation”]

    -He told that court that “On face value” ‘you’d think that had been a primary sample, but can’t entirely rule out secondary, but it would require an entirely specific set of circumstances’

    -He told the court that he ‘can’t rule out secondary transfer, but [he] would need particular circumstances [to be established before secondary transfer could be accepted]

    Q ‘You can’t say if Vass was telling the truth?’
    A ‘No, there are so many unknown facts’.

    “The profile doesn’t typify secondary transfer” ‘but circumstances…’
    “a specific set of conditions” [would be needed for secondary transfer to occur]

    I must remind readers that the proceedings that I’ve been referring to were not an actual appeal. The evidence that I’ve referred to was that of two of a number of witnesses to support an application from Sue Neill-Fraser for a second appeal against her conviction for the murder of Bob Chappell in Jan 2009. Even now, there is still one witness who was not able to be present to give evidence (on winches) and so the matter has been adjourned till March of 2018, when all parties will next be available. Then, Justice Brett will be in a position to decide whether the evidence (and submissions) put before the court was ‘fresh and compelling’ – the legal criterion for a second appeal.

    An interesting final thought concerns the ‘links in the chain’ v the ‘strands in a cable’ legal questions which surrounded that question of the collective strength of the individual elements in an entirely circumstantial case. The opinion that seemed to prevail at Sue Neill-Fraser’s trial was that jurors need not be satisfied beyond reasonable doubt of the worth of each and/or every of the circumstantial elements of the prosecution case, but rather that while perhaps individually ‘not true beyond reasonable doubt’, such elements collectively, can be used to establish an overall conclusion of guilt … beyond reasonable doubt.

    The question that flows from this, is whether the law on appeals against convictions solely on circumstantial evidence, allows a similar collective mechanism to operate in the appeal stage. That is, will Justice Brett be prepared to consider that collectively the evidence presented (and still to be presented) to him will need to be considered each on its separate merits, or can be assessed collectively for a cumulative ‘strands in a cable’ strength … in order to decide whether a second appeal should be granted.

    [Ed: My offer to Tas Times (of a 240 page reference work (in 6 parts) of all the publicly available information and evidence on the matter – arranged chronologically – still stands. The reference work studiously avoids entering into the ‘Second Appeal?’ fray. For those who might wish to view it, for the purposes of research, I would be willing to forward copies once applicants had established their ‘bona fides’.

  209. garrystannus@hotmail.com

    November 13, 2017 at 7:40 pm

    …/
    Maxwell Jones told the court that he had been employed for 31 years with Victorian police forensics, had been published in Nature, had been involved with DNA since it first became available as a forensic tool. He became involved in the SNF case when the director of Victorian Forensics asked him to do so. “Profile Plus” a DNA extractive/analytical tool, which was quite expensive, was something that he had used since 2000-2003. It allows the production of a graphic result, an “Electropherogram”. It seemed from what Jones said, that there there was an earlier report earlier than the one which has been mentioned widely on TT. However from what he said, the earlier report did not have the results of the electropherogram. [It may have simply been the hydbrid report developed in 2009/2010 by McHoul, McKenzie and Grosser.]

    Jones’s evidence was generally that he thought the Vass DNA was a ‘primary deposit’, i.e. that it had come from Vass being on board the vessel. He told the court that the DNA sample “was taken from a good source of biological material”, that skin and hand contact could be excluded, that blood, saliva, semen or nasal secretion were more likely.

    On the subject of possible secondary transfer, Jones was asked whether an “intervening surface” (such as transfer via ‘touching hands’, could also include transfer of DNA by way of shoe. Was that likely, or a ‘reasonable possibility’.?

    Jones replied: “a very difficult one to answer”. He gave a number of reasons – or considerations – including an expected ‘significant loss of the material while it’s being walked about’ while expecting a significant amount should have been on the boat, i.e. stepping into blood, which dries, walks onto Four Winds, steps into water…

    He was asked … could the Vass deposit have been transferred there by chewing gum?
    He replied that it was “very hard to imagine that that could occur, to the extent”… [I couldn’t get the words that followed ‘exactly’, but it seemed he was saying that given the strength of the reaction, the [expected] weakening of the DNA present in the transference, combined with the earlier (mentioned-in-his-evidence) detrimental effects of swabbing and the inefficiencies accompanying the (DNA) extraction process], he found it “very hard to imagine that that could occur”.

    In short, the expert witness rejected the ‘bubble-gum’ theory. In short, the witness, while acknowledging that alternative scenarios could not be categorically ruled out, consistently gave his opinion , that in his experience, the Vass deposit was ‘likely’ to have been primary in origin.
    /…

  210. garrystannus@hotmail.com

    November 13, 2017 at 7:38 pm

    Brian, (#472), again I find myself in agreement with the bulk of your comment regarding aspects of the police investigation and subsequent judicial failures (in my view). To imagine, by way of example, that the police were not aware that GRANT MADDOCK had been on the water that night in his dinghy! Maddock was there around the time that JOHN HUGHES was standing out on the end of the Rowing Club spit, sipping his Farmer’s Union or whatever is was, and saw – on that moonless overcast night – the figure of what he took for a woman, taking a dinghy out from the vicinity of the Royal Hobart Yacht Club (RHYC) marina.

    It should be realised that since that time, the RHYC marina has been extended. Pictures of it that were shown in court, were of ‘Royal’ as it is in Oct2017. It had since 2009, been further extended out into the river, in other words, where Maddock had moored beyond the row of the then marina berths, he was in the vicinity of Hughes on the rowing club spit, which itself projects out some distance into the river.

    Maddock, having got back from a day’s sailing, late at night, had noticed another vessel trying to come in. He, out of sailorly mateship and knowing under the prevailing conditions it would be difficult to berth their vessel, rowed out and hailed its occupants, to offer them a hand. They chose to ‘anchor in the deep’ and so he returned.

    The court also heard from JOHN MOORE who was the chap in that other vessel. He confirmed that a chap in a ‘rowing dinghy’ had come out to him (in the dark) and he’d given his ‘thanks, but no thanks’ response to the offer of help, instead choosing to anchor in the deep and to stay on board overnight. He’d told this to the police, nearly “verbatim” 2-3 years ago. He put the time of the encounter at between 10 p.m. and midnight.

    Maddock also, when questioned about his arm injury and method of ‘sculling’ with one oar from the back of the dinghy, told the court that he did that when it was calm, but that when it was windy, he would use both arms, i.e., two oars. Upon re-examination by the DPP, Mr Coates, he told the court that because of the weather that night, he would have been rowing and might have been returning to his yacht from shopping ‘at Woollies’.

    You would be entitled to think, in my view, that the police investigation failed for not having identified Maddock as being present on the water that evening.

    Tut! Tut! Garry, how can you say such a thing? Well, you see, I can say it because Maddock’s evidence was that he went back to his own vessel (and presumably hit the sack after a long day on the water). ‘Next day’ (27Jan2009), he visited a friend and someone present mentioned the news about the Four Winds. After hearing this, he went to Constitution Dock (to which the Four Winds was removed that afternoon) and met and spoke to (DS) Conroy. He was present there when Susan Neill-Fraser went on board the FW, and since then had had nothing further to do with the case.

    It is fair to assume that having gone to Constitution Dock and having spoken to DS Conroy, he had told Conroy about his being out on the water that night. However, ironically, his prompt action may have done SNF a disservice, for had it occurred after Hughes’ anonymous phone call (29Jan2009), the police would at least have had some yardstick by which they might have assessed Hughes’ account. Instead, in those early hours after the rescue of the Four Winds and before SNF and family even got onto the vessel and before SNF had pointed out the things ‘out of place’ etc, I think it is likely that DS Conroy was not in a position to then notice the significance of what Maddock had told him. He, standing there on the dock, had a boat to deal with, and had a family going onto the boat to make a first-up inspection.

    I think it is fair to say, that the recent evidence of Grant Maddock indicates at the very least, a deficiency in the police investigation.

    However, I mention the Maddock evidence here only by way of example, to indicate one specific instance of a ‘failure’ in the investigative process. But I will now move to the evidence of the Forensic Scientist, MAXWELL JONES.
    /…

  211. Steve

    November 13, 2017 at 7:22 pm

    #476; Peter, I’m sure the editor is honoured to have you commenting on this site but off topic is off topic.
    With regard to the Wood appeal,I would suggest you consider some of the comments made regarding the conduct of the prosecution counsel in that case and then reflect on the conduct of the prosecution in the SNF trial.

    ” ..the judges accusing the prosecutor of failing his most basic obligations to put the case fairly to the jury. Instead, they said, Mr Tedeschi had tried to bolster the Crown case by resorting to fiction, impermissible reasoning and innuendo,..”

    “Suspicion and conjecture, even grave suspicion, is not a proper basis for the finding of guilt.”

    I appreciate that considerations of a fair trial process form no part in your relentless self aggrandisement but possibly you should take breath and consider? SNF “supporters” feel no deflation. I suspect the majority are not so much supporters of SNF but rather honest people concerned that a injustice may have occurred.

  212. Brian Johnston

    November 13, 2017 at 6:18 pm

    #482 Why not a lie detection test for the police, prosecution and Sue’s lawyer?

  213. Dr Peter Lozo

    November 13, 2017 at 5:56 pm

    On the application of two lie detection technologies to the Neill-Fraser case

    I made my first move towards raising the interest of a few high profile people and the relevant media:

     https://mobile.twitter.com/PeterLozo/status/930291350343438336?p=v

    Now, are Neill-Fraser’s supporters (‘amateur armchair sleuths’) just going to winge about TasPol, ODPP, etc, or are they going to take an initiative and get Mr Wooley interested in getting 60 Mins to fund and film the lie detection test?

  214. Dr Peter Lozo

    November 13, 2017 at 4:44 pm

    Vass or Neill-Fraser: lie detection

    It appears that the Tasmanian community has a divided view on which of the above named two ladies knows what happened to Bob Chappell on the late evening of Australia Day 2009.

    Here is what I propose to the Tasmanian community (via Tasmanian Times):

    Write to Mr Charles Wooley and ask him to convince 60 Mins to fund the following investigation:

    (i) Hire a professional to conduct a lie detection on both Vass and Neill-Fraser using the conventional lie detection technology (galvanic skin response, pulse rate, etc);

    (ii) Also, hire a professional to conduct a lie detection test using brain signals detected from scalp (i.e. Event Related Potentials; one such technique is called ‘Brain fingerprinting’). This lie detection technology doesn’t require the test subject to say anything.

    Ms Vass might be interested in participating if she was offered a financial incentive.

    I would be happy to write a science based letter to Mr Wooley regarding the above two lie detection technologies. You guys can take the initiative in getting Mr Wooley interested.

    I am a bit surprised that Mr Richter and his team (Eve Ash and the former Victorian police officer) didn’t apply the lie detection technology to any of their witnesses before Mr Richter submitted his 25 page dossier to the Tasmanian Government in May.

    Whilst the above mention lie detection technology isn’t accepted in Australian Courts of Law, I think that the Tasmanian community might be interested in the results.

    So, get busy and write to 60 mins and Mr Wooley! I would be more than happy to help you gets things moving in this direction.

    Peter

  215. Brian Johnston

    November 13, 2017 at 4:30 pm

    My #477 Should read I have strong doubts about Sue’s guilt. I am well and truly in the Sue is innocent camp. Unless proven otherwise.

    #480 William. There is a bias. Once the nominated suspect has been identified the police are then like a dog on a bone. There is no letting up. They then only go after evidence that will convict the nominated person hence there what appears to be a lack of interest in the DNA and what appears to be the lack of willingness to make Vass explain herself.Obviously if they are building the case around the wrong person evidence becomes a problem. No problem the great weapon of circumstantial ‘evidence’ comes into play.

    It really is quite sickening to me

    Look at the Wood case. Cross invents the massive spear throw nonsense just to get the body out to the wrong place. Tedeschi the prosecutor comes along and piggy backs this nonsense. Wood goes to gaol. I am not aware that Wood even had a motive to murder Bryne/girlfriend.

    Back to Sue. The police believe there was a dinghy tied up to the four Winds at 4.55pm. When interviewed by the police Sue said she went out to the yacht at about 2.00pm and back about 3.00-3.30 (I am nor sure of exact time). The police then say to Sue “There was a dinghy tied to the yacht at 4.55pm” and Sue says ‘I must have stayed later than I thought”. Gotcha. Sue did not realise at the time just what she was saying nor the importance of what she said. This helped write the other dinghy out of the story.

    Sue volunteered information believing she was helping. Big mistake. The information Sue gave was not evidence, in my view. I must have stayed longer is not evidence. It would have to come under the category as a guess. I have often wondered if Sue was tricked, deliberately tricked.

    (edited)

  216. William Boeder

    November 13, 2017 at 2:33 pm

    #477. Brian I share the same opinions as yourself in the SNF case.
    In quite a number of instances, bias has been found in the investigative procedures to only follow one line of inquiry in such a relentless manner that any other considerations are simply tossed out the hierarchy window.

    Another example had been the situation where the evidence presented … had consisted of a partial passage of words that had been chosen from a statement made by the suspect on a prison phone, in my opinion.
    .

    A passage of words had been extracted from the phone recording that is in place to (now in the fact that people should now know that all incoming and outgoing calls are being monitored and or being intercepted and recorded when a suspects held on remand, choose to make phone calls from the prison or to receive phone calls external to the prison.

    (edited; moderators have no time to check individual facts …)

  217. Dr Peter Lozo

    November 13, 2017 at 2:26 pm

    #478 Brian

    Yes (about physics and pattern recognition in forensic science) – It is based on my 5 year research on 4 cases (Henry Keogh, Susan Neill-Fraser, Gordon Wood and Steven Avery, Wisconsin, USA). My interest was to learn about the application of science in forensics. When I complete this part-time interest I intend to concentrate on something totally different (neuroscience is my passion).

  218. Brian Johnston

    November 13, 2017 at 10:55 am

    Peter. Are you writing a book?
    How about a chapter on the Belanglo Forest backpacker murders. I do not believe Ivan Milat was involved. Google Paul Onion whose original statement has gone missing

    How about a chapter on the notorious Mark Tedeschi. I believe he got numerous cases wrong other than the Wood case using the same crummy techniques that were used in the SNF case

    Then a chapter on the missing Peter Falconio who I believe was not murdered by Murdoch.

    You could also cover Port Arthur Massacre and the innocence of Martin Bryant

    And the big one. how a dingo did take the baby. Speaking with someone who new the case. They even new which dingo. He was larger, red, had a white ring around his neck and his nickname was Ding.

    Lot of material there Peter.

  219. Brian Johnston

    November 12, 2017 at 11:51 pm

    #472 William. Vass gives a story, then the story is changed, then the story was given under pressure. Theatrics in the courtroom. Her DNA on the boat and she wasn’t there. What to make of all this?

    The dollop of DNA was substantial. Not a drop of sweat. Possibly not spit. Not blood or one would reasonably expect to see more. That leave phlegm.

    The secondary transfer theory of the DNA is obviously to shore up the police case. It is not about shoring up the police case it is about the truth. I have strong doubts about Sue’s innocence and the way this matter is played out only serves to push me further into the innocent camp.

    I believe Vass deposited her own DNA on the boat.
    I would suggest others were there and a struggle took place and for whatever reason Bob was killed.
    I would not speculate a kidnapping. I believe Vass was a witness to what occurred …

    (edited)

  220. Dr Peter Lozo

    November 12, 2017 at 11:13 pm

    Dear Steve,

    Given that 50% of my time is devoted to writing chapters on the 4 cases I looked at, I am prepared to answer questions on the 3 Australian cases (if I am asked and if I can find time -most of it is a quick rewrite of what I had written already). So, the posts on the Keogh case and the Wood case are in response to Brian J’s questions and statements. Good overall sharing of knowledge and opinions on forensic science matters!

    Anyway, I heard on the grape wine that Tasmanian Times is getting a lots of ‘hits’ and that the Editor is pleased about that. If you haven’t noticed, I refer to various TT posts from my facebook acccount as well as my twitter account (and vice versa). There are a number of people in Wincosin (USA) who are directed to some of my posts on TT.

    Since there is currently a dull on the Neill-Fraser related comments here (unlike the fury of activity I can see at the top of this blog when the VPFSD report was released in July 2014) I thought to get the readers involved!. You people (SNF supporters) must feel deflated given the nonsense that transpired in the Court recently, and by the fact that the Victorian forensic scientist could not preclude secondary transfer nor did he disagree with the opinions from 2010 of the Tasmanian forensic scientists.

    Peter

  221. Steve

    November 12, 2017 at 9:44 pm

    Is this a thread based on the Sue Neil Fraser case or a forum for the “very busy” Dr Peter Lozo?
    Possibly a new thread on physics V the justice system would be appropriate?

  222. Dr Peter Lozo

    November 12, 2017 at 6:33 pm

    Junk science or non-scientists talking junk about good science

    I was following the online media reports early this year on Mr Wood’s legal court proceedings against the NSW government. I was absolutely flaggerblasted when I read what Mr Wood’s barrister (Bruce McClintock SC) said in the Supreme Court about Prof Cross’ scientific work related to this case:

    “Commenting on some of Professor Cross’s assertions Mr McClintock told the court: “To call this junk science does a disservice to the word junk.”

    See

    http://www.abc.net.au/news/2017-02-24/gordon-wood-suing-nsw-for-malicious-prosecution-explained/8299738

    Now, it seems to me that Mr McClintock doesn’t understand the relevant science and is talking junk about a great piece of scientific work by a very experienced Professor of Physics who conducted a thorough scientific study over a period of 3 years (and had published the results of his work on this case in a peer reviewed mainstream physics journal as well as a forensic science journal).

    Does Mr McClintock also want to challenge Newton’s Laws of Motion (the scientific laws that are directly relevant to this case)?

    From my own perspective (as someone who has a degree in physics) I believe that there are two new useful scientific results that came out of Prof Cross’ work on this case:

    1. When a person takes a run-up and then rotates their body forward so as to take off in a head first dive their take off speed will be reduced by about 0.5 meters/sec compared to a straigtforward jump after the same run-up distance that would result in landing with feet first.

    2. A single strong man who uses a particular throwing technique that resembles a spear throwing technique can throw a woman further in a head first dive than two men (each taking one arm and one leg and then taking a swinging throw).

    Based on my understanding, the moonset was approximately 2 hours after a woman’s scream was heard but well before the time when Mr Wood saw Caroline’s foot. That is, it was pitch dark when Caroline’s body was first spotted by Mr Wood but it wasn’t pitch dark when Caroline met her death.

    There was no reported injury to Caroline’s legs. Her body was pointing away from the cliff with her head and shoulder wedged between rocks. This strongly supports the correctness of Prof Cross’ assumption that the body was falling through a trajectory in which the head was in front of the legs and thus hit the rocks first. Therefore his experiments correctly modelled the relevant forensic scenario compared to that of the defence expert (whose test subjects did not take a dive after a run-up).

    The description that was provided of the rock formation by the police officer who was at the bottom of the cliff next to Caroline’s body for some 40 minutes before the body was removed fits the location that was further out from the base of the rock compared to the location that his female colleague pointed to in a video of the scene. Injuries on Caroline’s upper torso and the way her body was wedged between the rocks also better fits the further of the two locations. But this wasn’t noticed until quite some time later. In fact it was Prof Cross who asked the NSW Police how did they know they had the right location given that the location was not recorded when the body was removed.

    My opinion is that there is no valid scientific reason to be critical of the work conducted by Prof Cross on this case.

    I conclude that there are lots of non-scientists making junk comments on this case and are thus insulting not only Prof Cross but the very essence of what it means to be a scientist, particularly a physicist.

  223. William Boeder

    November 12, 2017 at 3:50 pm

    #472. Brian what you have stated in your comment is actually “factual evidence” not circumstantial as others have deemed it to be.
    From what I understand in this matter, factual evidence is being relegated below its prominence when it should have precedence over any of the circumstantial evidence claptrap that has its bias being proffered by Tasmania’s legal officials.

    Given the presence on the beach by those said homeless person(s) (as had been observed and identified as to being in that same vicinity during the period of “the established timeline disappearance” of Bob Chappell, timelines) I do not believe that the truth of her actions at that time has been properly investigated, why is this so?
    I understand her version of her presence and activity in that area has changed during the interviews after her DNA was confirmed.
    What say you Brian?

  224. Brian Johnston

    November 12, 2017 at 12:07 pm

    If the police in the Wood case got the location of the body right Cross would not have had the need to invent his ridiculous spear throw. We the public do not know if Wood is innocent or guilty.

    The Keogh case is a complete screw up. We the public do not know if Keogh is innocent or guilty. Just because Moles got him out does not mean he is innocent

    If the police had investigated the Bob Chappell disappearance correctly and followed up with the correct procedure we might know more.
    Inventing a scenario where Bob was hit over the head with a wrench is ridiculous.
    Maybe someone other than Sue did hit Bob over the head?
    If only we knew more about the dark grey dinghy.

    I find it staggering that the homeless girl can say she was not on the boat when her DNA was.

    (edited)

  225. Dr Peter Lozo

    November 11, 2017 at 10:21 pm

    Annendum to my  #463 & #464 on the Keogh case

    “Defence counsel also attacks the prosecution’s conduct of the case, saying they have “failed to particularise” the manner in which Keogh allegedly drowned Ms Cheney.

    They claim prosecutors have “either refused or failed” to disclose the full extent of their case and the evidence supporting it.

    “Prosecutors have only supplied declarations relied on in the first and second trials which occurred 20 years ago,” the documents assert.

    “In their application, released to The Advertiser on Wednesday by the court, Keogh’s counsel repeat their claim Ms Cheney died due to hismanal.”

    REFERENCE:

    http://www.adelaidenow.com.au/news/south-australia/sa-court-told-henry-keoghs-third-trial-for-the-murder-of-annajane-cheney-is-doomed-to-fail/news-story/51b3a764e550b3d6d2d54ae4b09e6883

  226. Dr Peter Lozo

    November 10, 2017 at 11:18 am

    Some further comments on the Wood case

    1. One of the errors made by the cops was that they did not record the location of the body before removing it. This became an issue later as to which location was the correct one. Two possible locations surfaced. This was significant from the scientific point of view.

    2. The prosecution made an error during the trial by not using the data on moonset to argue that there was moonlight at the time a female scream was heard  (Prof Cross was the first to check what time the moon set). This would have been significant because under the moonlight the eyes (after a few minutes of accommodation) would have been able to see the edge of the ledge. Therefore, had a murder occurred, the perpetrator would have been able to throw a person off without risking a fall himself (this issue became significant during the appeal and in went in Wood’s favour).

     
    3. The Appeal Court judges misunderstood the science. They sided with the defence expert (primarily because he used more sophisticated equipment during his experiments!). But they did not recognise that his experimental data was based on females who had a well above average athletic ability (the deceased did not have a history of any significant athletic ability to be able to reach the type of run-up speeds that was critical to the decision whether or not she could have committed suicide by jumping off or diving off after a run-up).

    4. The defence expert also had his test subjects take a jump and land feet first after a run-up instead of taking a head first dive after a run up. The latter ends in lower take-off speeds and thus a shorter distance of horizontal fall. 

    The fact that the deceased’s body landed head first meant that the correct experiments for the scientific study are those where the test subjects are asked to dive head first after taking a run-up. Had the defence expert done this he would have come up with shorter distances. 

    Thus, the defence expert presented an incorrect scenario. But the Appeal Court judges seem not to have noticed this subtle but a very important scientific distinction between the work of the two scientific experts.

    5. This case made me wonder. If the average level of education and the reasoning ability of Appeal Court judges is most likely to be higher than the average level of education and the reasoning ability of a typical 12 person jury, how can we expect a jury to be able to reliably asses which scientific expert has correctly addressed the case at hand and whose data is more reliable?

  227. Dr Peter Lozo

    November 9, 2017 at 10:20 pm

    #468 Brian

    I saw your comment on the CLA website and the other website I referred to earlier.

    I am extremely busy but promise to provide a reasonably detailed reply on the relatively simple (senior high school) physics behind the Gordon Wood case. I concluded that it was the Appeal Court judges, the police (and the defence scientific expert) who made several significant errors. In my physics opinion, there is absolutely no scientific error in the work of Prof Rodney Cross!

    Given that the primary error was that of the police (well before Prof Cross got involved) I am of opinion that the benefit of the doubt should be granted to Mr Wood.

    Interestingly enough, Barbara Etter wrote an article in a forensic journal that partly addresses this case. I was astounded by the fact that Barbara (who claims to have an interest in forensic science) would rely entirely on the decision of the Appeal Court rather than on her own scientific analysis of the evidence that was presented. Then it occurred to me that Barbara’s science degree wasn’t in physical sciences (particularly physics) and that therefore she most probably wouldn’t have been able to mathematically and scientifically analyse the work of Associate Professor Rodney Cross (who was a Professor of Physics) whose work she seems to disagree with!

  228. Brian Johnston

    November 8, 2017 at 12:08 am

    #467 Speaking of whom. Is Gordon Wood guilty or innocent. I thought the spear throw was total nonsense

    You say you have researched real life circumstantial cases. Circumstantial is not evidence.

    Maybe you have an opinion on the disappearance of Peter Falconio. I have

    And then Peter there is the big one. One of the biggest cases in the world. Right here in Australia. Tasmania to be precise.
    Did Martin Bryant carry out the Port Arthur massacre.
    Andrew MacGregor & Wendy Scurr did a number of speaking engagements on the subject. Sadly I missed the lot.

  229. Dr Peter Lozo

    November 7, 2017 at 6:44 pm

    #466 My pleasure Mr Boeder!

    I hope that I have clarified my purpose on here.

    My first book on Forensic Science will be dedicated to Tasmanian Times and the many contributors who challenged me on the Neill-Fraser case. Those challenges led me to pursue my research with more vigor, passion and to a greater depth. It also led me to write more concisely, clearly and convincingly in a manner that can can be understood by non-scientists. That is my scientific gratification in this whole affair – I have trained myself in the field of forensic science by independently researching several complex real life circumstantial cases and have benefited a lot via my online interactions with public who have their own views (Henry Keogh case; Susan-Neill Fraser case; Gordon Wood case; Steve Avery case).

  230. William Boeder

    November 7, 2017 at 4:35 pm

    #465. Thank you Dr Peter Lozo in expressing your extreme somnambulism experiences to help in the edification of yourself to the Tasmanian Times attendees.
    https://medical-dictionary.thefreedictionary.com/somnambulistic

    I hope this sees you enjoy some higher level of gratification to your ongoing critical conjectures you imply against the fine standing and integrity of those many other comment contributors to this Tasmanian Times forum.

  231. Dr Peter Lozo

    November 7, 2017 at 11:50 am

    A brief note for Mr William Boeder

    Sir, you addressed a question to me another blog but I will answer it here given that my answer will be based along the lines of some of the recent witnesses in the Court concerning the Neill-Fraser’s appeal.

    The beginning of your statement and question addressed to me on the fox blog was as follows:

    ”Dr Peter Lozo please pardon my confusion and the basis of my following question which is, are you being employed by the Tasmanian State government in any supportive capacity, such as to support the State’s case against the SNF “found guilty” accomplished verdict?

    Then your entry into the Tasmanian Fox hoax with your conjectures.

    Your extensive commentary on the SNF case alone seems to favour the State government decided official line is to be relied upon and roundly trusted.”

    William, I had a dream that I was a self appointed ASIO agent sent out to assist the Tasmanian Government in the matters concerning the Neill-Fraser case as well as the matters concerning the fox issue. I have undercover operatives who have infiltrated the ’Foxless Tasmanian Society’ and the ’Tasmanian SNF-MV Friendship Society’. My operatives have very sophisticated thermal based eves-dropping equipment that I invented when I was on Mars and regularly feed me with juicy gossip about serial killers and wondering foxes. Hell, just the idea day one of my operatives made contact with a fox who carried MV’s DNA onto Four Winds. Apparently, the fox learnt how to swim and always boards via starboard gate because it does not know that there is a portside – it suffers from a visual neglect syndrome that was caused by the damage to its parietal lobe when a certain hunter from the ’Foxless Tasmanian Society’ took a shot at it. Fortunately, he also discovered that the fox is actually a wild cat who was dressed up in a body suit of a fox. This was further confirmed by a DNA expert from VPFSD who confirmed that the shit left on the Four Winds walkway belonged to a cat gene pool. This under-cover operative of mine even signed a written statement that what he said was truth, nothing but the absolute truth. However, during cross-examination, I used a brain fingerprinting technology and concluded that my operative lied to me. I showed him the results of brain fingerprinting. He finally told me that everything in his signed statement was absolute crap and it was invented by a member of the ’Tasmanian SNF-MV Friendship-Society’ who was after fame and fortune.

    Cheers,
    Peter

    Ps: Now you can share my secret with the members of the ’Foxless Tasmanian Society’’Tasmanian SNF-MV Friendship-Society’

  232. Dr Peter Lozo

    November 7, 2017 at 3:07 am

    Cont…

    6. It is my scientific opinion that the DPP would NOT have tried Keogh using the same murder scenario as was used in 1995. Based on what I read in the media in August of 2015, it appears that Keogh’s legal team had no idea of what murder scenario the DDP was going to advance ( the defence team was going to argue that it was a certain medication that caused the facial swelling and the death (even though it was written in the 2009 Tribunal decision that the mentioned allergy medication was not found in the home of the deceased, there was no evidence she used the drug even though it was prescribed to her about two years before the death). Now we will never know what the DPP was intending to advance!! All I can say is that I perfectly agree with the defence experts that the deceased was NOT forcibly drowned in the manner that was proposed by Dr Mannock in 1995. I disagree with Dr Bob Moles and Mr Graham Archer on their final conclusion on what happened. But I am not an expert witness! Mr Archer and I had some email interaction (as did Dr Moles and I). Mr Archer referred to me as a “robotics tinkerer’ (he saw online that at one stage I was involved is supervising a University based research project in robotics and incorrectly assumed that I was a robotics guru). But he had an expert witness (a medical professor) on his program in 2004 from Adelaide University whose opinion on body slump (left or right) agrees with my own conclusion. The science of lividity disagrees with Keogh’s version of events but Mr Archer probably did not read the Trial Transcript before the program was aired to correctly understand the significance of what his own expert witness implied on the program. I had a brief email communication with that expert witness in mid 2014 just to check with him in what direction he was pointing because he did not use words (he physically demonstrated by leaning his body and head in one direction to imply that the body of the deceased was slumped in that direction) – I wrote about this on the relevant online blog in early-mid 2015. THE END!

    REFERENCES:

    1. My brief scientific critique of the medical expert conclusion cane be found at the bottom of the following Civil Liberties Australia article:

    http://www.cla.asn.au/News/keogh-free-royal-commission-needed/

    2. My many comments concerning my research on the Keogh case can be found on the following blog:

    http://clubtroppo.com.au/2010/12/13/taking-a-bath-can-be-dangerous/

  233. Dr Peter Lozo

    November 7, 2017 at 2:56 am

    Response to Brian regarding the Keogh case

    1. Although the Keogh case is not within the scope of this thread on the Neill-Fraser case, I will just this one time respond to Brian’s question on the case as it might give the readers a little bit more of understanding of how I, as a physical (non-forensic) scientist, undertake research on circumstantial cases compared to say a legally qualified researcher such as Dr Bob Moles or an investigative journalist/current affairs program producer Graham Archer (of Ch 7 in Adelaide) who also looked at the Keogh case:

    “Peter. Do you think Keogh is guilty or innocent.
    If it helps. I suspect guilty.”

    2. I wasn’t (and am not) concerned with Keogh’s innocence or guilt. I took an active research interest in this case after seeing two current affair programs in mid-late 2011: 60 Minutes and the Adelaide Ch 7 Today Tonight program (Graham Archer’s program). There was something about the geometry of the problem that was very puzzling (as was expressed and demonstrated remarkably well by Karl Stefanovic on 60 Mins).

    3. I wanted to discover whether there existed a geometrical relationship between the bathtub (its size, depth, shape, sloping and curved surfaces, its edges, etc), the physical layout of the bathtub in the said bathroom and the originally reported 15 bruises on the deceased’s body (their shape, size, symmetry with respect to the body, distribution, the nature of grouping of the individual set of bruises, any repeated pattern of bruises in a set of bruises, etc) that could provide a scientifically more reliable understanding of how Mc Cheney died than what ten or so medical experts (forensic pathologists; 4 or so on one side of the case, 6 or so on the other side of the case) came up with during the legally active 20 year history of the case (1995-2015).

    4. I was relying on my physics background and on my long standing research interest in visual pattern/object recognition and visual perception. The fact that I had no medical background was irrelevant (but I did read some relevant text on forensic pathology that was relevant during my research on the case). I conducted a very extensive analysis during 2012-2014. This consisted of paper based analytical work and experimental work in a bathtub of the identical size and features as the crime scene (I read the Trial Transcripts; saw the autopsy report, downloaded all photos of the bathtub from the internet and youtube videos as well as the photos of the decease’s legs showing the bruises; read the 2014 appeal court decision,, read what Dr Moles wrote on his website; read all the medical affidavits that Dr Moles uploaded onto his website as well as the medical Tribunal decision concerning Dr Mannock’s work on the case; saw all the TV programs, etc, etc).. My own body was subjected to a series of bathtub experiments (with and without water), etc, etc.

    5. I did discover a unique a unique geometrical relationship that fitted all the reported bruises. It totally disagreed with all the forensic experts. I also discovered that there is a simple physical reason for facial swelling. I submitted an unsolicited report to the DPP (and a certain forensic pathologist) in mid-late Jan 2015. I have had no feedback as to what course of action was taken by the DPP (and the forensic pathologist) in relationship to my report. I then started posting online comments in March of 2015 (after Keogh was released and after he was re-charged). The DPP announced several months later (May 2015) that the matter was going to trial (was set for March 2016). But, as you know, the DPP announced in Nov 2015 that due to the illness of a “key prosecution witness” he decided to drop the charge because he did not think that certain matters could be proved beyond reasonable doubt without the availability of that witness.

    Cont..

  234. Brian Johnston

    November 6, 2017 at 6:34 pm

    Hughes saw someone in a dinghy?
    Sue or someone operating an outboard would have been sitting at the rear and in the case of an inflatable maybe sitting on the transom
    A person rowing would be sitting in the middle.
    It is known that witness testimony is very unreliable
    Hughes was quite likely watching the dinghy though had no reason to remember detail and didn’t.
    I seem to recall someone seeing a dinghy at night and the police asked if there was an outboard and the reply was no, not sure. He was then asked. There could have been answer being could have.

    Peter. You don’t get it. Sue is the nominated suspect/guilty person. Peter. … Do you understand. This case was not built around a thorough investigation Sherlock Holmes style. It was to my mind built upon a hunch.

    Sue may have struck Bob with a wrench is not even circumstantial evidence. It is fiction, in my view.

    Peter. Do you think Keogh is guilty or innocent.
    If it helps. I suspect guilty …

    (edited)

  235. Dr Peter Lozo

    November 6, 2017 at 6:08 pm

    A brief response to both Steve and Brian

    (i) Scientists (particularly physicists) take note of geometrical perspectives, ambient lighting condition, ambient noise levels, atmospheric conditions, dynamics of motion, forces involved, etc. People who have advanced analytical skills and knowledge (regardless whether they have a PhD or not) which is gained by years of analysing various complex real life engineering, science, technological problems etc, go significantly beyond what an average person or a typical jury might be capable of doing. I do not need to have had any practical experience with yachts, winches, or dinghies to be able to analyse the forces, the mechanical principles, the geometrical perspectives, the dynamics of motion, etc related to this case.

    But I did make a considerable effort during my research on this case to observe the capability on inflatable dinghies in real-life (given that I have lived in a beach suburb of Adelaide for a number of years). I also made an effort to watch youtube video of yachts and in particular the use of yacht winches.

    (ii) If it can be demonstrated via a realistic and a complete scientific based re-enactment that it is not possible for a physically weak person to use the winch to winch out a 65 weight from below the deck, manouevre the weight across the deck and then lower it onto the dinghy for the subsequent easy push overboard then, in my (non-forensic) scientific opinion, Sue should win the right to appeal.

    Given that Bob was 65 kg in weight, I would place an upper restriction of 20 kg on the maximum ability of a “physically weak” person. Thus, if at any stage the perpetrator is required to lift more than 20 kg (or is required to resist a pull of more than half of Bob’s weight – I will explain the pull in the future because this is relevant to the lowering of the weight onto the dinghy) then the re-enactment goes in Sue’s favor.

    (iii) my interest (in relation to the winching issue) is to help (if anyone wants it) carry out a proper scientific based re-enactment using a real person as the weight (me) and to do the whole task (from bringing the weigh onto the deck to then lowering it onto the dinghy).

    (iv) It is the strongly asymmetric distribution of luminol positive reaction on the dingy that caught the attention of my eye (hardly anything on the portside versus a heavy concentration along the starboard side). I am not concerned with blood (luminol will also react to some cleaning agents). My understanding of the dynamics of dinghy motion and forces involved is that if the weight of the object to be dumped is placed diagonally opposite to where the operator of the dinghy would be sitting then the inflatable dinghy (which is quite stable under a variety of conditions and can accommodate up to 6 adults; see a photo on Eve Ash’s pin-up board as shown on 60 minutes) would be very stable at slow to medium speed even if the river wasn’t totally calm (my understanding is that the condition during the evening were calmer compared to very choppy 3 foot swell during the afternoon of that day..

    (v) The incident occurred on the last day (late in the evening) of a long weekend. It was a working day the following day. There would hardly be any river traffic between midnight and 5 am. I was actually surprised that on a public holiday evening only one witness saw a light motorised dinghy with one person on-board leaving the area of Four Winds at around 7:45-8:30. That eyewitness wasn’t on the river but in her own house looking at the river through her telescope!! (this info isn’t in the Trial Transcript but was discovered by Barbara Etter via RTI). I think that because the river was quite choppy for most of the afternoon people stayed away from it or returned to shore early.

  236. Dr Peter Lozo

    November 6, 2017 at 5:39 pm

    Cont…

    ”Tasmanian Police say they have had another breakthrough in the disappearance of Hobart cancer specialist Bob Chappell.

    Police say they have made contact again with a witness they had been wanting to hear from.

    The man called them shortly after Bob Chappell went missing on Australia Day.

    He said he had seen a dinghy near Mr Chappell’s yacht, Four Winds, at the Marieville Esplanade marina between 11:00 pm and midnight on the night he disappeared.

    Yesterday police confirmed they had received significant information over the past two weeks that could help solve the mystery and they called on the anonymous witness to contact them again.

    He made contact yesterday and police say he has given them more valuable information about the dinghy’s movements.

    Police found Mr Chappell’s yacht taking on water in the River Derwent and later confirmed it had been sabotaged.”

    .

    http://www.abc.net.au/news/2009-03-11/police-contacted-again-over-missing-yachtie/1614906

    NOTES: 1. Mr Hughes’ testimony during the trial is on pages 377—387 of the Trial Transcript..

  237. Dr Peter Lozo

    November 6, 2017 at 5:29 pm

    Person in the dinghy spotted late at night by Mr Hughes

    (i) “Female Figure”

    When I read the Trial Transcript (the section where Mr Hughes gave his eyewitness account of what he saw when he was parked next to the Rowing Shed) I wasn’t thinking about a bikini nor the length of hair but about breasts because I analysed the map of the area and noted the geometrical perspective. Mr Hughes would have been looking at the left silhouette of the dinghy and the left silhouette of the upper torso of the person. If the person on the dinghy was a woman with distinctly visible breast size then that is the only visual basis on which Mr Hughes could have formed opinion that it was a “female figure” (but he wasn’t asked about this matter). There wouldn’t have been sufficient light to form an impression of distinct colours of the clothing nor the dinghy but one would expect that after several minutes exposed to lower light levels the eyes would accommodate sufficiently to enable some visibility of shapes. This would have been aided had by any overhead clouds (clouds would have reflected city lights and increased the amount of lighting available).

    (ii) The dinghy

    Mr Hughes said that the dinghy was an inflatable dinghy. I assume that he formed his opinion on the basis of its shape. The photograph of the dinghy that belonged to the defence witness shows that he had a wooden dinghy. There is a considerable difference between the side shape (i.e. the side silhouette profile) of an inflatable dinghy (such as the dinghy that belonged to Four Winds) and the wooden dinghy of the defence witness.

    (iii) The motor

    Mr Hughes said that he heard a motor. The defence witness at the recent appeal hearing stated that his dinghy did not have a motor and that he rowed it with one oar at the time (he described a particular rowing method he used with the oar behind the dinghy).

    Whether Mr Hughes could have heard a motor needs to be considered. It was late at night (close to midnight). There was no nearby traffic. He stated that the dinghy was about 50 meters away and that the motor or the dinghy was a quiet motor. Although the river was choppy (and thus noisy) during mid-afternoon the river condition in the evening was calm (as I understand it to have been – had it been choppy it would have been noted by the defence witness and Mr Hughes). One cannot easily confuse a continuous noise of a quiet motor (which is a high frequency humming noise) with the type of noise that would come from the ocassional splash of a rowed boat.

    On page 385 of the Trial Transcript, Mr Hughes’ response to Mr Gunson is:

    “It wasn’t a roaring noise but I could hear the outboard”

    )

    (iv) The time of night

    Mr Hughes said that this occurred sometime between 11:30 pm and midnight on the Australia Day. As far as I am aware, the media reports concerning the current appeal did not say what time the defence witness was passing by the same location where Mr Hughes saw a person on a mortised inflatable dinghy.

    Concluding Remarks

    (i) My conclusion is that the information that was provided by the defence witness is fresh.

    (ii) I don’t find it compelling that the defence witness was the person who was spotted by Mr Hughes. It was a warm summer evening. I don’t see how the clothing that would have been worn on that evening would have totally obscured the bulge on the person’s chest had the person been a woman with distinctly visible breast size. The defence witness (based on my observation of his online photograph and based on the description provided to the Court) was a slim man with long hair at the time of Bob’s disappearance (but cut his hair soon after).

    (iv) I do not find it compelling that his dinghy is the one that was spotted and heard by Mr Hughes. The shapes are distinctly different and would have been discernable in their side profile to Mr Hughes under the lighting conditions, distance and the geometrical perspective. Mr Hughes had no doubt about hearing an outboard motor (there is no physical reason related to distance or ambient noise level that would have prevented him from hearing the motor). The defence witness did not have an outboard on his wooden dinghy.

    (v) I think that Eve Ash did a terrific job for Sue’s case by finding this witness. I am very surprised that the witness (who obviously could have easily proven to the police that he had nothing to do with the crime because he went to the assistance of a yacht, whose occupants could have verified his alibi) did not contact police soon after the police issued the following press release on 11 March 2009 about a witness who saw a person on a dinghy late at night (I don’t know whether he gave an explanation last week):

    Cont….

  238. Steve

    November 5, 2017 at 11:49 pm

    #457; It is also well worth remembering that the prosecution’s case was that this was a premeditated crime.
    I place little store on re-enactments that show that someone was physically incapable of performing a specific task. Given enough adrenaline, humans can do amazing things. The question is more whether they would formulate a plan that involved an amazing physical act?
    Would SNF actually have spent more than a decade putting together a plan that involved having to winch a dead body from below deck and then lower said body into a dinghy? I’ve had to handle a few dead bodies over the years (animals, not human)and they are remarkably uncooperative. You could guarantee that it’d snag up at every opportunity and as for lowering into a dinghy..!
    You don’t need a PhD to know that dinghies move totally differently to a yacht. Given calm conditions and a well moored inflatable, lowering a body could well work. A bit of breeze and a chop would change the picture. Throw in the risk of a passing fisherman with a spot light and you have a scenario that no-one would pre-plan; however that is exactly what the prosecution put forward. Even the date is significant. If this was pre-planned, why not pick a quiet, anonymous week night, rather than a night likely to have other boats out and about?
    Interestingly, the luminol in the dinghy still seems to being pushed forward, even though specific tests for blood produced no results. Luminol is indicative only and reacts to other substances apart from blood. The simple reality is that inflatables have seams. Seams are remarkably difficult to clean. It’s extremely unlikely that SNF could have cleaned that dinghy to such an extent that the forensic tests couldn’t find a trace. In the dark, with no-one noticing, and in a quite short time frame?
    With regard to the figure in the dinghy, I think Peter needs a wenching expert. A sitting figure in a dinghy, possibly wearing a jacket, is an entirely different proposition to a girl in a bikini!

  239. Brian Johnston

    November 5, 2017 at 12:26 pm

    #455/456 … What you meant to say is, Sue could have winched Bob’s body. You are doing what the police appear to have done. You are building a case around a nominated suspect, a hunch. Have you ever been on a yacht and used a winch. It would appear not.

    Winching is hard work and part of the cycle involves an outstretched arm. Proving that a person could winch a body is not proving that a person did so, and it is certainly not proving that Sue did.

    Peter, stop helping the police. Stand back. Stand up for a truthful investigation.

    The judge should never have allowed ‘Sue may have struck Bob over the head with a wrench’ That is 100% speculation.

    There was a person seen late at night in a dinghy. There was a male with long blond hair in a dinghy late that night who could quite easily have provided the outline of a female. And did, in my view.

    You are not contributing to this case at all. All you have attempted to do is shore up what I consider is an improper investigation.

  240. Dr Peter Lozo

    November 5, 2017 at 12:32 am

    cont….

    Thus, the relevant winch has a power ratio of about 27:1. That means that it would require a minimum force of 2.5 kg to be applied to the winch handle to overcome the resistance of a 65 kg body. That is less than a weight of a 3 litre bottle of milk. Thus, it would be quite easy to use that winch to winch out a 65 kg body, although it would require many turns of the winch handle. The only problems that I envisage (unless the body was wrapped and tied) is that parts of the body might get stuck in the first 3 steps (if these steps were in their usual position when is use) and there would possibly be tracks of blood as the body is dragged across various surfaces.

    Since I haven’t seen the video I don’t know whether the re-enactment tried to explain how a physically weak person might then bring the body to a suitable location on the yacht and then lower and position the body onto the dinghy so that it is easy to push it overboard with minimum risk to personal safety. If the police prosecution did not do the whole series of experiments then I consider their work on this to be incomplete and unscientific.

    From my own (non-experimental) analysis of the scenario, three different phases of using the winch are required for a physically weak person to get a 65 kg body from below the deck and then onto the dinghy (via the stern gate; the reason for the stern gate will be addressed in my TT article). Each phase requires a different arrangement of the rope. The first phase is concerned in getting the body from below the deck onto the deck next to the winch. The second phase is concerned in getting the body from there to the edge of the stern gate. The third phase is concerned in getting the body lowered and positioned onto the dinghy for subsequent easy push into the water. The whole process is technically simple enough and is physically sufficiently easy to do for someone who is experienced with the yacht, its winches and its dinghy but it takes a lot of time to set up and execute. In my TT article I will explain why I believe that the third phase is the riskiest phase for injuries, particularly to the left wrist of the perpetrator of the crime.

    Also note that the photo of the dinghy shows that the luminol reaction was heavily concentrated on one side of the dinghy (the starboard side), particularly next to the bow. There is hardly any reaction on the portside of the dinghy (other than an interesting spot next to a handle on the tube, exactly where one would place a left hand when operating the motor with their right hand). This suggests to me that the cleaning that was done (with whatever cleaning agent (bleach) was used) was done on the starboard side. Had the purpose of the cleaning been to clean spilled petrol (as Sue claimed to have done to clean the dinghy before the arrival of Bob’s sister) then one would have expected luminol reaction to have been more or less spread evenly and across the whole floor of the dinghy. I suggest that the body was lowered to rest across the right hand side of the bow and that the dinghy operator was sitting on the left side at rear and operating the motor handle with their right hand.

    The other important matter concerns the level of light that was available that night and the state of the river. I will here briefly mention some and will address this in more detail in the future. Eye accommodation is important (eyes take a few minutes to accommodate to low level of light). The moon set before 9pm. City lights wouldn’t have helped much 300+ meters on the river unless there were clouds (it was cloudy most of the day). The river was quite choppy during the afternoon but the condition improved in the evening (the dinghy thus wouldn’t have been bopping around to any significant amount, particularly if it was well restrained against the stern of the yacht).

    Peter Lozo, BSc, PhD
    Applied Physicist/Perceptual Scientist (visual perception)
    Adelaide, SA

    Ps: To demonstrate the above I would me happy to donate myself as the human ‘guinea pig’ on which the defence “winching expert” can test the police theory and the validity of my proposed three-phase winching scenario for a physically weak person (as long as my body is well padded and I get to wear a helmet; and the cost of my travel and accommodation is covered). Sometimes scientists do crazy things to test their hypothesis for the benefit of science.

  241. Dr Peter Lozo

    November 5, 2017 at 12:19 am

    The winching problem

    Although I plan to submit a comprehensive TT article on the winching problem in the next month or so I thought to say a few words at this time given that the issue of whether or not Susan Neill-Fraser was physically capable of winching Bob’s 65kg body from below the deck will be the subject of the Court proceedings when the case resumes in March. I have previously analysed the problem to considerable depth (from the perspective of an applied physicist who has had no experience with yachts nor yacht winches nor motorised inflatable dinghies) and have posted a number of TT comments on the matter (on this thread and a few other TT blogs on this case).

    Based on what Dr Bob Moles’ recently uploaded onto his website Networked Knowledge (in the What’s New section), “one key ground of appeal is based on new expert evidence that Neill-Fraser could not physically have used a winch to remove Chappell’s body from the yacht in the manner claimed by the prosecution at her trial”.
    I wasn’t in Hobart to hear and see what was going on so have depended on the media reports, comments on Twitter, comments on TT, as well as Dr Bob Moles’ website (where Bob regularly uploads edited media reports on various matters relevant to his research on Miscarriages of Justice).

    I also read that the police prosecution, with the help of the current owner of Four Winds, recently produced a video that was shown to the Court on Wednesday to demonstrate how the winch could be used to winch a heavy weight from below the deck. Here is the relevant section from Dr Moles’ uploaded file:

    ”Video demonstrating Four Winds winch shown in court Christopher Smith, whose business is used by insurance companies for boat salvage and repair, was asked to meet Four Winds when it was towed to Hobart’s Constitution Dock on January 27, and began working to remove the water it had taken on. He told the court in the following days he noticed a wire used to power the boat’s bilge pump was disconnected, and informed police who were present at the time. Mr Percy asked him if the boat looked as though it had “been scuttled”. “Yes, it appeared that way,” he answered. Mr Smith also said he had noticed some grey hair and “a little piece of skin” on the boat’s overhead hatch. “Did you consider that unusual?” Mr Percy asked. “Not really,” Mr Smith replied. “People are always crashing their heads on boats.”

    Mr Smith now owns Four Winds and last month recorded a video with Tasmania’s police prosecution, demonstrating how a winch could be used to lift heavy items from below deck to the surface. The video was shown to the court on Wednesday afternoon and Mr Smith said the technique only required one kilogram of strength for every 27 kilograms being lifted. Neill-Fraser’s legal team said their final “silver bullet” witness was a winching expert who was not available this week, which meant the case was adjourned until March 2018. Neill-Fraser’s daughter Sarah Bowles spoke outside court after the proceedings were adjourned, and while she said the delay was “slightly disappointing”, she was confident the wait would be worthwhile. “We’re expecting that a new light will be sort of cast on this case after we’ve heard from that witness,” she said.”

    cont….

  242. Brian Johnston

    October 26, 2017 at 4:34 pm

    If only the police had gone after the large battleship grey dinghy

    We have a case here in New Zealand where the police could not find a 46′ ketch.
    Result? Suspicion of wrong person in gaol
    For those who are interested Google, Scott Watson

    Police investigation techniques have to be completely overhauled
    Their hunch method has to stop

  243. Rosemary

    October 26, 2017 at 11:55 am

    #452 yes it is not as simple as people want it to be. Will we ever find out what really happened?

  244. Andy brown

    October 26, 2017 at 10:50 am

    I know Meagan vass, call me negative but i don’t like her one bit. Even If she knows what happened, her needs and wants in life far outweigh doing the right thing.
    At 23 she is still homeless and not through anyone’s fault but her own. I have attempted to help her re housing as many others have also but she’s happy singing her sad song.
    Point of interest is Paul wroe. Closest boat to Four winds. The he’s gone. Meaghan knows him and Stephen Gleeson, read Supreme Court findings on Zachary Galpin….. coincidence. I think not

  245. Hiram

    October 22, 2017 at 12:32 pm

    I am actually thankful tо the owner of this web page who has shared this great paragraph at this time.

  246. Brian Johnston

    September 26, 2017 at 1:56 am

    #435 William. Thankyou for the compliment

    In my opinion
    The DNA on the yacht can safely described as NOT being secondary transfer.
    Supporting the secondary transfer theory is simply, blindly and desperately supporting the police/prosecution case

    In my opinion
    The DNA was not secondary transfer and Sue did not whack Bob over the head with a wrench
    and Sue did not winch Bob’s body about the boat with the lights off

    I assume the DNA was phlegm
    Which could mean someone hoiked a gooby

  247. Gladis

    September 23, 2017 at 4:46 am

    What’s Taking place i amm new to this, I stumbled upon this I’ve found It positively helpful and it has
    aided mme out loads. I’m hoping to contribute & aaid other customers
    like its helped me. Great job.

  248. Dr Peter Lozo

    August 25, 2017 at 7:22 pm

    I have seen seagulls take food that people half chewed and threw out; I have seen seagulls forage in rubbish tips and fly off carrying something away. I have seen seagulls drop something in mid-flight. It would be quite easy for a bird to pick up something on its feet that had human DNA and then deposit that DNA elsewhere. I don’t think it will ever be established exactly how MV’s DNA got there. I wouldn’t leave out our legged seagull!

  249. Steve

    August 23, 2017 at 4:24 pm

    #446; It was a one legged seagull, wasn’t it? LOL

  250. Dr Peter Lozo

    August 23, 2017 at 1:57 pm

    Peter (me) did not say that the DNA came of the police shoe!!! Please get your facts right before you pursue this further.

  251. Brian Johnston

    August 23, 2017 at 1:34 pm

    Have I got this right?

    Peter Lozo says Prof Gunn is wrong and is asking for bets
    Peter says DNA came off police shoe
    Peter says (homeless girl) was not on yacht

    I support Prof Gunn that it is likely that (homeless girl) was on the boat

    I would like to be in on of this $10,000 bet

    The following is my view
    I claim (homeless girl) was on the yacht
    I claim (homeless girl) deposited her own DNA
    I claim (homeless girl) saw and knows what happened
    I claim (homeless girl) is running scared

  252. Dr Peter Lozo

    August 23, 2017 at 12:05 pm

    I used quite a precise choice of words Steve. The word “wrong” was NOT amongst the words I used. But one can interpret my statement as implying that Prof Gunn was wrong about concluding that MV was on-board the yacht at some stage.

  253. Steve

    August 23, 2017 at 11:49 am

    But Peter, you’ve offered a $10k bet against the opinion of Professor Gunn and then you say in #440 “I don’t recall saying that Prof Gunn is wrong”. Very strange!
    John Cox states that it is not possible to distinguish between primary and secondary DNA. I can’t comment on this because I’m not an expert in the field and I have no idea of his qualifications to make such a statement. “Retired forensic scientist” sounds good but he may or may not be an expert on DNA. Professor Gunn’s qualifications are there for the world to see and he is an expert on DNA.
    I believe it was John Cox who offered the opinion that the defence made a mess of this case and with that I totally agree. They allowed Tim Ellis to run rings around them and turn the whole trial into “do you believe this woman or not”. Bob Chappell was killed with a wrench because a boat like that would have a big wrench on board and we couldn’t find one… Really?!

  254. Dr Peter Lozo

    August 23, 2017 at 2:09 am

    Read my numerous comments that are spread over at least 6-8 TT articles since April 2015. I am not interested nor do I have time to repeat myself.

    John Cox might be a good source of further scientific opinion for those genuinely interested in understanding DNA, luminol, etc.

  255. Steve

    August 23, 2017 at 1:12 am

    #440; “..extensive knowledge of the whole evidence in this case..”. For the benefit of us less informed, please could you list the extensive evidence? Just the key points will suffice. As a scientist you obviously will avoid including conjecture or anything that isn’t based on solid facts or repeatable experiments.
    I do find it interesting that you consider that a specialist offering an opinion on their specialty subject is at a disadvantage because they are not aware of the whole scenario.
    “So, Professor Windsor, you state that that the bullet found in the deceased was not fired from the defendant’s gun. Are you aware that the defendant was witnessed shooting the gun?
    Sorry, sorry, your Honour, I must be mistaken; of course that bullet came from that gun. My colleague who found other fingerprints must be wrong also. We weren’t aware the accused was guilty when we wrote our reports..”

  256. Dr Peter Lozo

    August 23, 2017 at 12:25 am

    I don’t recall saying that Prof Gunn is wrong.

    Any scientist (forensic or non-forensic; biologist or physicist) ought to be able to conclude (after a bit of literature research in case of a physicist) that it is not possible to scientifically determine whether MV’s DNA was primary or secondary transfer. I have analysed the whole case and am pretty confident that MV was not on the yacht. My advantage over Prof Gunn is my extensive knowledge of the whole evidence in this case even though I am not a specialist like he is in forensic science.

    Now, it just so happens that a retired forensic scientist (John Cox) did comment on MV’s DNA and Prof Gunn’s opinion.

    Search this blog for ‘John Cox’. Also search for his comment on the ‘Susan Neill-Fraser and the Women’s Weekly’ blog.

    Have fun reading!

  257. Steve

    August 22, 2017 at 11:52 pm

    #438; I’ve copied over Peter Gunn’s CV from UTS (see below). I’m sure you are familiar with this, as you both share SA connections, but it’s worth re-reading.
    He is a professional in his field and has publicly stated an opinion. You have proffered a $10k bet that he is wrong. Do you not think, as a matter of courtesy, that you should have discussed this with him?

    Associate Professor Gunn gained his PhD in Biochemistry from the University of Adelaide in 1982, specialising in the manipulation and analysis of bacterial DNA. After several years in academia and business, he was appointed the Technical Director of Genetic Technologies Corporation Pty Ltd, the first company in Australia to provide human DNA testing for criminal and civil matters.

    In 1992, Associate Professor Gunn was Managing Director of Silbase Scientific Services Pty Ltd., which specialised in paternity and criminal DNA testing. He has also managed the Department of Molecular Biology at Douglass Hanly Moir Pathology, where he was responsible for establishing laboratory testing for several inherited and infectious diseases using DNA technology.

    Prior to joining UTS in 2012, Associate Professor Gunn was the Senior Operations Manager of the Forensic Biology Section of the Forensic Science Services Branch at the NSW Police Force. The Forensic Biology Section was formed to provide the Forensic Service Group with specialist biological examinations and advice that are not available elsewhere in NSW. During Associate Professor Gunn’s tenure, the section conducted examinations on approximately 5,000 items from crimes ranging from break and enter, through to multiple homicides.

    Associate Professor Gunn’s area of expertise includes DNA, DNA profiling, forensic biology, criminal, disaster victim identification (DVI), genetics, paternity, kinship and parental DNA.

  258. Dr Peter Lozo

    August 22, 2017 at 10:28 pm

    I haven’t been debating him but various SNF supporters including you. Those that want to challenge me should put up or shut up.

    The appeal hearing will ho ahead in Oct. It is a 4 day hearing. Let us wait to see how that goes

  259. Steve

    August 22, 2017 at 9:29 pm

    #434; That’s better Peter. Now you just have to say “..dossier with allegedly false evidence..” and you’ll be sounding quite professional.
    #436; I would suggest you need to contact Professor Gunn. I’m sure he’d be delighted to discuss the scientific approach with you. Never know, he might even take you up on your bet, which would be most entertaining.

  260. Dr Peter Lozo

    August 22, 2017 at 8:11 pm

    Gentleman,

    In case you were not paying attention couple of weeks or so ago: “the singular person rambling ‘on and on’ about some unknown means of substance” referred to in #435 offered a $10K bet against the opinion of a Professor of Forensic Science (Prof Gunn) who featured recently on Ch7 Sunday Night.

    Prof Gunn said that it is ‘likely’ that Vass was onboard at some stage.

    I say that the transfer was ‘most likely’ secondary transfer!

    No-one has taken me on yet.

    Let us wait and see to see what develops.

  261. William Boeder

    August 22, 2017 at 7:26 pm

    #594. Brian Johnston. thank you for expressing all your opinions. I find myself agreeing with each of your ongoing opinions.
    I recall the nonsense of a singular person rambling ‘on and on’ about some unknown means of substance, (had proposed that chewy or bubble-gum as a supposition was the transfer agency of the DNA of Amanda Vass.
    Pardon me but I guessed that this person was clutching at straws at that time, just as the DPP and the police investigation team had done prior and during the actual trail.

    If I claim that this pursuit of chewy/bubble-gum could occupy so much time when to me this suggestion held no substance, which I seemed to recall that I had, then had been ignored or dismissed by the same singular person.

    I now wonder how many other forum attendees have perceived the less adamant stance of “Sue Neill-Fraser is guilty” factor by a certain individual to what has now become a severe questioning of evidence along with continuing claim of refutation to what had been implied in previous comments by this same singular person?

    My mention of Robert Richter QC was given no significance by some forum attendees, however I had no hesitation in that I thought quite differently.
    http://netk.net.au/whatsnew.asp
    Tis on this first page edited by Dr Robert Moles, that the court officials and DPP, make the observation and including the Tasmania Police investigation officers, had claimed “without any want for a more compelling and far more convincing theorized set of circumstances” had among themselves, gathered together to run with a suppositional hypothetical presumption thereby deduced and concluded (yet not based on fact evidence) that the accused had killed her partner Bob Chappell.
    Now whether or not persons are going to accept the fact that is already known by myself and others in our State, (I speak of insider sources) that this State’s Supreme Court can be as biased as any other jurisdictional court, that it can be held accountable for bias then must later again admit or acknowledge to have shown a bias toward a suspect/defendant/applicant in a very serious court action.

    Example I. Bear in mind there is a current proposal to review a case matter that was conducted in Tasmania relating to a case between X and a major Australian Bank (no further identifying information given to prevent any underbelly action) I allude here to the peripheral discussions involving the prosecution and defence counsel and the sitting Judge that was presiding over a sessional hearing, that they all were all in lockstep to deny the person X any reasonable consideration toward that person’s best interests.
    Example 2.This was another case that was hinged only, but later relied upon, “only a limited number of words” portion of a State authority recorded conversation intended to establish the guilt” of an individual in a case of serious consequence.
    Example 3. Another case where a government State Authority appointee had agreed with the consent of the former DPP to provide some element of evidence (that effectively should not be considered as evidence of material substance) “to warrant that evidence being held superior to each and every other element of evidence in this case matter.” The result however was to enable this entire case matter to be discharged.
    Despite the police investigation and the many serious charges that had resulted in the arrest of the suspect person(s) stolen goods found in that person’s possession were ignored, thus the case matter was duly arranged to be discharged.

    Example 4. The whole State is aware how Mr John Gay ex the Bankrupt Gunns Ltd, received the advice of a former Supreme Court Judge to plead guilty to an allegation of Insider Trading, that same John Gay was then given a finger smack sentence “not able to fill the position of a director for ex-period and a insubstantial monetary fine.
    That fine representing only a portion of the proceeds of crime or a criminal action.
    I can go on but will now cease in lieu of creating ennui upon the readers

  262. Dr Peter Lozo

    August 22, 2017 at 7:10 pm

    I am simply implying that a dossier with false evidence has led to a chain of events that ultimately led to an indefinite postponment of Sue’s right-to-appeal hearing.

  263. Steve

    August 22, 2017 at 6:50 pm

    #430; Peter, you stated “..I am tempted to think that Richter and Ash have ruined Neill-Fraser’s appeal process and have made the headlines for basically trusting the affidavits of shady characters.”
    You are implying that SNF’s appeal process is connected to the current police investigation, even though the police have not made that allegation.
    In #432 you make the statement “a dossier that contained false evidence”. I would be very careful making such a statement, as it is only alleged that the evidence was fake. Once again, you are theorising ahead of your facts and making categorical statements based purely on media reports. For a trained scientist I find that extremely naive!

  264. Dr Peter Lozo

    August 22, 2017 at 5:16 pm

    $431 William

    I think that the Government ought to be asked why did it agree to meet Mr Richter and his ‘team’ in secret given that the Government changed legislation to provide people like Sue with another appeal. I think that it is fair to say that the Government went out of its way to accommodate Mr Richter (probably because of his eminent reputation). But what did he present to the Government? – a dossier that contained false evidence!

    See this:.

    https://mobile.twitter.com/BenGlenHuon/status/900179638432878593?p=v

  265. William Boeder

    August 22, 2017 at 4:21 pm

    I find the facts revealed here provide an insight of the interest held by the State’s Premier, Both Premier Will Hodgman and Mathew Groom (Groom acting as fill-in for Tasmania’s Attorney General and acting minister for justice) “had declined to read the white paper but agreed that O’Farrell should review it. Richter flew back to Melbourne and waited for a reaction.”

    This claim in itself provides the ambivalence of both former legal practitioners in a case of magnitudinal significance relative to the system of justice practiced and delivered in Tasmania’s Supreme Court.
    My question is why the disinterest of both authoritative responsible ministers?
    The matter was inevitably leaked to the Tasmanian Police, not as Robert Richter QC had requested. Why?

  266. Dr Peter Lozo

    August 22, 2017 at 2:55 pm

    #429 Steve

    I believe that you ought to be picking on the Sydney Morning Herald or Ch 7’s Sunday Night program rather than me! See here

    https://mobile.twitter.com/smh/status/899945544247889920?p=v

    Also, had you watched the recent Sunday Night program on the case you would have noted something relevant.

    This is a quote from a recent article by Charles Wooley [my emphasis is in bold]

    “Channel Seven’s Sunday Night investigation of the Susan Neill-Fraser case promised
    “explosive new evidence”
    but, as is so often the case with television programs, the content 
    failed to measure up to the hype. This is in part because the people who make the gravel-
    voiced urgent promo are never the same journalists who make the news story. Hence the kind of embarrassing dissonance between promise and delivery we saw with Seven’s coverage last weekend. There was in fact no explosive new evidence and what ran was virtually a repeat of the 60 Minutes story from 2014.”

    Here is the link to Mr Wooley’s article titled “Neill-Fraser evidence hype fails to deliver”. 

    https://mobile.twitter.com/darrenwick9/status/888906141052182528?p=v

    Thus, I am not the original applicator of the term “explosive” as far as the Neill-Fraser case is concerned (in the title or in the content of the article/comment).

    Also, I did NOT say anything about whether or not the police were alleging SNF’s involvement!! Had they alleged it I probably would have mentioned it.

    I have no idea why you chose to react in the way you did without first doing a proper research on the matter. Please withdraw your naive assumption. Thank you.

  267. Steve

    August 22, 2017 at 12:39 pm

    #428; Interesting that you link “ruined appeal process” with “explosive headlines”. This is really the stuff that most “SNF supporters” are concerned about.
    As I understand it, the police have not alleged that SNF is involved in any way with the latest shenanigans, which, incidentally, have not been proven in court. Once again you subscribe to trial by media.
    Consider a theoretical situation though, in which they did prove that SNF was the instigator of an elaborate conspiracy to pervert the course of justice. That would make her guilty of perverting the course of justice but wouldn’t alter doubts about the original conviction.

  268. Dr Peter Lozo

    August 22, 2017 at 2:48 am

    ….

    Now this is EXPLOSIVE (compared to the nonsense on recent Sunday Night program):

    “Top barrister handed over explosive file on murder – he didn’t foresee reaction”

    http://www.smh.com.au/national/death-on-the-derwent-secret-file-could-prove-yacht-killers-innocence-20170822-gy1pix.html

    Here is the big bombshell for Neill-Fraser’s supporters: 

    “Both Colin McLaren and Eve Ash have told friends they anticipate being raided or arrested.”

    It does not appear that Barbara Etter was involved in the May 11 meeting that Mr Richter organised.

    With all due respect to Mr Richter, what on earth was he trying to do given that Etter and Percy were working through the court on Neill-Fraser’s appeal?

    As far as I am can asses of what is going on based on the recent ‘explosive’ developments, I am tempted to think that Richter and Ash have ruined Neill-Fraser’s appeal process and have made  the headlines for basically trusting the affidavits of shady characters.

    The whole case (from beginning to now) will sure make it into a blockbuster movie one day (“The Richter dossier”). I better start writing the book given the amount I have already written and submitted to TT – My first true crime novel! … lol..

  269. Geraldine Allan

    August 14, 2017 at 2:40 pm

    Brian #426, I hold an indeed justified long-running interest in justice/injustice.

    GUILT or NO? — My constant reply is I have no idea, nor do others unless they were there and reliably witnessed events. They hold opinions only.

    What I do know is that every citizen must (not may) receive a fair trial. My reasonably informed view (that of the “ordinary person”) is that a fair process did not happen. Until it does I shall remain amongst the criticised-by-some “SN-F supporters”, without apology.

    JURY — Here & now is not the time/place for deeper discussion. I have previously posted re my personal experience within the jury system hence like you, I “have no faith” in it. Conversely I hold valid and serious concerns about what happens behind closed jury-room doors. My frustration is that I am forbidden to discuss my experiences, or I could go to prison! Thus the systemic blinkers remain in fixed position.

    PROSECTION — Being fully aware of the modus operandi (mo) of prosecution, I will be forever a cynic unless & until there is an inquiry that examines the wrongdoing.

    POLICE — as above, unless & until there is an inquiry that includes but is not limited to, examination of mo, I will be forever a cynic.

  270. Brian Johnston

    August 14, 2017 at 1:43 am

    Geraldine. Why do I bother with the lone poster wearing blinkers?
    Because I believe he is wrong. I do not wish to get personal but stubbornly wrong and so obviously on the police/prosecution side.

    I am not convinced of Sue’s guilt and until I am I will defend Her innocence

    I have no faith in police methods. To many innocents in gaol

    Then there is the second unidentified DNA on the boat

    This case to my mind has not been investigated properly nor with an open mind. I believe the case was built around Sue. Sue was boxed in.

    The police have the resources and control of the case. They present to the jury what they want the jury to hear. It takes a good lawyer to go up against the police

    Consequently I have no faith in the jury system

    A good read is Bret Christian, Presumed Guilty

    There are a couple of high profile cases where I firmly believe an innocent has been gaoled but it may not be permissible to mention them on this thread.

    I have about 40 books (not many) in my crime section. Gun Alley is a good one. They hanged an innocent man

    The North & South in New Zealand did a good article in 2010 “But I’m Innocent”. Interesting. They put a lot of work into criminal cases.

  271. Dr Peter Lozo

    August 13, 2017 at 9:53 pm

    $10K Forensic Science bet: see #21

    http://oldtt.pixelkey.biz/index.php?/comments/50414/

  272. Brian Johnston

    July 26, 2017 at 4:47 pm

    #Geraldine. I don’t for one minute believe Sue’s case is the first miscarriage of justice since Lindy Chamberlain. I believe there has been a string of them. The same, excuse me, bullshit is going on in New Zealand. Bob Moles 1% figure is I believe total rubbish.
    Moles got Keogh out on a technicality. I am inclined to think Keogh is guilty.
    Moles has I Believe discredited himself.

    Back to Sue. (The homeless girl) should have been cross examined. It was her DNA.
    Triffitt’s partner should have been cross examined. I believe the ‘too sick’ bit was just a story.
    It is obvious the police did not want two dinghies. When Sue was interviewed She said She visited Bob at about 2.00pm and left at about 3.30pm/4.00pm (I don’t recall the exact departure time). The police then said a dinghy was seen tied to Four Winds at 4.50pm. This is where innocently Sue made her biggest mistake. She replied “I must have left later than I thought”. Gotcha. Now there is one dinghy. It would appear that Sue was tricked though it can’t be proved, in my view.
    People just should not be answering questions without a lawyer presence. They have in America the Miranda Rule to stop this ‘abuse’. We definitely need it in Aus. & NZ
    Sue should never have been found guilty with the unproven wrench and the winching of a body scenario included in the case.
    The case to my mind is a complete mess
    I side with Sue’s innocence.

    Peter Falconio. No body. No weapon. No proof of death. Bradley Murdoch in gaol for murder. Lees changed her description of the alleged ‘killer’ to suit that of Murdoch.
    I went through the case. Drew up my own story and fired it off to a couple of lawyers.
    I believe everything Lees said was a pack of lies and gave a rehearsed and concocted story.
    A fascinating case
    I believe Murdoch is innocent

    In the Lindy case ‘they’ apparently knew which dingo took the baby. He was oversized with a white ring around his neck

    Looking forward to Sue’s appeal.

    (edited)

  273. Geraldine Allan

    July 25, 2017 at 5:58 pm

    #Brian, in my attempt @ brevity and avoiding involvement in the long tedious discussion herein, I may have misled you. I genuinely do applaud you and your patience in continuing to discuss a circular argument, hence my observation of your “tenacity”. I was not having a shot at you.

    Hopefully when I write that I stand for a fair trial, that sufficiently answers your question, “Are you for guilty or innocent?”. I am sufficiently uninformed/unskilled to opine either “guilty or innocent”, as are I suggest most if not all, citizens.

  274. Brian Johnston

    July 25, 2017 at 12:04 pm

    #420 Geraldine. Could you please expand on your comment I must have missed something

    Are you for guilty or innocent

  275. Dr Peter Lozo

    July 25, 2017 at 3:04 am

    “Neill-Fraser evidence hype fails to deliver”

    “CHANNEL Seven’s Sunday Night investigation of the Susan Neill-Fraser case promised “explosive new evidence” but, as is so often the case with television programs, the content failed to measure up to the hype.”

    http://www.themercury.com.au/news/tasmania/neillfraser-evidence-hype-fails-to-deliver/news-story/bc7f2f6aa6dd8f8e596d69b14f8fa323

  276. Geraldine Allan

    July 24, 2017 at 9:43 pm

    #419, Oh Brian, I admire your tenacity, but deary me, why do you bother with a lone poster wearing blinkers?

  277. Brian Johnston

    July 24, 2017 at 9:11 pm

    #418 What are you talking about? This DNA has received a fair thrashing

    Now lets reconsider: Policeman walking around say, the wharf and steps in DNA. He then boards police boat and while shuffling his feet is taken to Four Winds
    By the time this officer steps onto the yacht the DNA on his shoe would have deteriorated

    The blob of DNA was substantial

    The officer who has been walking around with this blob on his shoe successfully deposited a substantial blob and only one blob

    No successive blobs while walking
    No deterioration in blobs as he walks

    #418 You want to believe Sue is guilty. …

    Try being objective

    (edited)

  278. Dr Peter Lozo

    July 24, 2017 at 5:42 pm

    A boat tethered to Four Winds yacht

    Further to my posts #339, #340 and #341:

    Several people (police officers and the Sandy Bay Rowing Club coach) boarded Four Winds via its starboard entrance gate from the pictured boat on the morning of 27th Jan 2009. Anyone of them could have transferred MV’s DNA onto the walkway of the yacht next to the entrance gate via a substance on the bottom of their shoe which contained the DNA.

    https://m.facebook.com/story.php?story_fbid=652589364944466&id=100005802249120

  279. Brian Johnston

    January 17, 2017 at 1:38 pm

    Can anyone assist

    I have been doing a bit of digging around

    At the time of Bob’s disappearance there was a catamaran in Tasmania

    There was a large drug bust of the Queensland coast and a catamaran was involved

    Is this a coincidence or is there a connection?

    My mind keeps coming back to a case in New Zealand

    Why was Bob’s body not just left on the yacht

    Was Bob taken away alive

    Can anyone assist with any information about the catamarans?

  280. Freddy

    January 5, 2017 at 4:43 pm

    Right now it sounds like Drupal is the preferred blogging platform available right now. (from what I’ve read) Is that what you are using on your blog?

    Ed: WordPress …!x

  281. Dr Peter Lozo

    December 10, 2016 at 2:23 am

    In memory of Robert (Bob) Adrian Chappell (1943–2009)

    Having reached as far as I could on this case I now like to say a few words about the man whose disappearance I researched via these pages. Bob’s obituary can be downloaded from the internet by googling Robert Adrian Chappell obituary.

    The one thing that Bob and I had in common was the love for science, particularly physics. On that note, here  I copy few sections from the obituary about Bob’s professional and private life:

    Bob “had a particular interest and ability in mathematics and science.”

    “He studied physics as a major in his Bachelor of Science Degree with Honours at Melbourne University.”

    “Bob joined the Department of Physical Sciences at Peter MacCallum Clinic, Melbourne in 1969 and in 1970 took the opportunity to accept a position as Medical Physicist to the then Peter MacCallum Clinic Tasmanian Service Hobart, which was later to become W.P. Holman Clinic. He remained there until his death in January 2009 where he was the longest serving staff member. Bob will be fondly remembered as the fabric of the clinic, having overseen the evolution of a sophisticated service from the installation of the Clinic’s first linear accelerator to its present state with two multi-mode accelerators and having taken a pivotal role in the introduction of the Clinic’s IMRT programme.”

    “Bob was a sole physicist for much of his career and developed a good working relationship with the radiation therapists. He was collegiate and his extensive knowledge was respected and valued.”

    “Bob had a dry, wry, cynical sense of humour which was appreciated by all. Bob was not just a scientist, he was extremely well read in all facets of literature, and he enjoyed cooking and was a very genial host. Bob was the original West Hobart foodie seeking quality olive oil far before the rest of us had gone past cooking in lard. When his family were young, he gained great satisfaction from taking his children fishing and exploring the islands and coves of Coles Bay. He also taught himself and his children to sail dinghies and to windsurf. In recent years he enjoyed entertaining his extended family, including one son, two daughters and six young grandchildren.”

    “He was a gentleman, in the true sense of the world, utterly straightforward in his dealings with others in professional life and dedicated to doing his job to the highest standards.”

    As I reflect back over the past 18 or so months during which I researched Bob’s disappearance I am reminded of a brief video someone posted during a rather intense debate late last year. I think that Bob would have found the story amusing. 

     

    RIP Bob Chappell.

    From a fellow physicist.

    https://youtu.be/24cxpSIiPF4

  282. Dr Peter Lozo

    December 9, 2016 at 11:39 pm

    …… 

    @don_fallen Neill-Fraser lied to Bob’s sister. Why would she therefore not lie to @eveash @betterconsult and all her other supporters? 

    https://mobile.twitter.com/PeterLozo/status/807176282555314177?p=v 

    ………………………


    Sequence of events:

    1. 5th March: Sue’s daughters shown the ATM photo;

    2. 8th or 10th March: Sue has a phone conversation with Bob’s sister; said she drove down to river then drove back home;

    ****************   new evidence  emerges     *******
    3. 11th March : Police media release about a dinghy spotted late at night;
    ****************   new evidence  emerges    *******

    4. 13th March: Sue speaks to the radio reporter; says she drove down to the river then drove back home; mentions that she saw homeless people with fires while down there.

    5. 23 March : Sue has a phone conversation with Bob’s sister; said she drove down to the river, left her car there and then walked back home.

    6. 5th May: Police interview Sue; Sue said she walked to the river to pick up her car from there but on arriving there she found she had farm keys and not the car keys and had to walk back to Allison Street to collect them and return once again to the car. Sometime later she drove home.

    See more at #578

    http://oldtt.pixelkey.biz/index.php/article/tim-ellis-and-the-australian-womens-weekly-

  283. Dr Peter Lozo

    December 9, 2016 at 11:17 pm

    …….

    @don_fallen @betterconsult @eveash Neill-Fraser created a decoy (people around a fire) following the Police media release of 11 March 2009.

    https://mobile.twitter.com/PeterLozo/status/807167819120902144?p=v

    http://mobile.abc.net.au/news/2009-03-11/police-contacted-again-over-missing-yachtie/1614906

  284. Dr Peter Lozo

    December 9, 2016 at 11:07 pm

    ……

    @WilkieMP @LaraGiddings Demystification of Bob Chappell’s disappearance – see #578 (and many more)oldtt.pixelkey.biz/index.php/arti…

    https://mobile.twitter.com/PeterLozo/status/807371974385090560?p=v

  285. Dr Peter Lozo

    December 9, 2016 at 11:04 pm

    …..

    @WilkieMP @LaraGiddings On technical and scientific misconceptions in the SN-F camp: see comment #1 oldtt.pixelkey.biz/index.php?/pr-…

    https://mobile.twitter.com/PeterLozo/status/807375438590771201?p=v

  286. Brian Johnston

    August 5, 2016 at 2:09 pm

    Mr Editor
    The edit and rewriting of my #409 was substantial.
    What did I write that was so potentially libellous?
    I know I tell the story in a particularly graphic and riveting way. I also strive to remain on safe grounds. I like a direct style. I try to make it interesting. No superfluous script which can become tedious.

    I ponder over the Keogh case. I can’t help thinking “Keogh may be guilty” which causes me to contemplate “Did Bob Moles screw up”. I consider Moles may have got Keogh out on a technicality only.
    Are you able to share any thoughts?
    Is there a comment page somewhere?

  287. Brian Johnston

    August 4, 2016 at 1:33 pm

    #408 People have lobbied Andrew Wilkie to keep Sue locked up? I believe you the problem is these people have no evidence, just a hunch.

    I war reading on a NZ case recently – Maybe David Bain – The judge disallowed certain ‘evidence’ because it was hearsay.

    I wonder if without Triffett’s story whether Sue would have gone to gaol. (Comment challenged and deleted)

    (edited)

  288. AS

    August 4, 2016 at 11:45 am

    #407. Thanks for that useful summary, Brian. From my quick reading some time ago, it seems fairly accurate. I’m wondering if anyone else who’s read the book recently has identified anything I might have missed in the way of inaccuracies or inconsistencies in Robin Bowles’ version of events.

    Something interesting I recall is that she said her mother used to live (alone) next to Bob Chappell in West Hobart and that when her mother fell in the garden and couldn’t move, it was Bob who found her, and most probably saved her life. That’s Hobart for you!

    Re. Andrew Wilkie – my understanding is that he has been lobbied heavily by some in his electorate who are very happy to see (and keep) Susan behind bars, but despite that has assessed the case himself to the point where he’s not saying she’s innocent, but that there were definitely problems with the conduct of the case and is very concerned that there could have been a serious miscarriage of justice – and of course he’s spoken publicly to that effect.

    Presumably (apart from just having come through the election) he’s waiting on the result of the new appeal being prepared by Susan’s lawyers, as it seems there’s nothing much more that can be done either legally or politically on this particular case until that’s over, and there’s also a danger of being “in contempt of court”. However, there’s no reason in the meantime not to raise the issue to an over-arching national level and lobby for a Criminal Cases Review body, similar to that in the UK, which has led to many MoJ victims being exonerated.

  289. Brian Johnston

    August 3, 2016 at 10:47 pm

    Just read Robin Bowles comments on-line. The following is not word for word though close.
    1)Sue did not exercise her right to silence.
    2)Sue did not shut up.
    3)The police had nothing. No motive, no weapon, no cause of death, nothing.
    4)The more she spoke the more she helped the police.
    5)Key weakness (in my view) was the way a hypothetical scenario was presented as fact.
    6)Robin did not have a strong opinion either way.
    7)The jury makes a decision on information given.
    8)Anyone being convicted on circumstantial evidence, it has to be watertight.

    There you have it folks. All points that we know and are very familiar with.

    I found 7 intriguing. By very nature circumstantial cannot be watertight. proof is watertight.

    For those that are interested, I spoke with a prosecutor a couple of years ago. The person said.
    “I have won all my cases” I quizzed about circumstantial. Reply. “Circumstantial is good enough in Australia”. I almost choked.

    The police are supposed to be guardians of truth and justice and protectors of the people. I believe they took full advantage of Sue’s naivety and belief in the police.

    I believe they encouraged Sue to speak on and on .
    I believe they trapped her.

    In America the police have to read a person their rights to remain silent.
    It should happen here.

    I realise Andrew Wilkie is a Senator. That does not excuse him from assisting Sue or improving the system.

  290. AS

    August 3, 2016 at 12:15 pm

    Yes – politicians need to be involved in making changes to the regulations and laws that allow miscarriages of justice to occur. However, even if Andrew Wilkie is concerned about the chance that an MoJ has happened in the Sue N-F case, he is a member of the FEDERAL parliament, whereas the State Government is responsible for this area. That’s where efforts need to be directed if it’s obvious that the current state system is likely to result in the incarceration of innocent people.

    The push at a Federal level should be for the establishment of a national Commission to review criminal cases where an MoJ may have occurred in any state.

  291. William Boeder

    July 27, 2016 at 9:13 pm

    #404. Brian you have just nailed it, there is no minister in the Lib/Lab parties that give a hoot about a mainstream person.

    I have had experiences with a number of Tasmania’s elitist law practitioners that has proven to me that justice or even honest transparent dealings are only available dependent upon the depth one’s cash reserves.
    Justice in Tasmania must be purchased.
    By the way the same applies to the High Court of
    Australia more so each time they issue a decision in favour of Australia’s Big Banks.
    The latest case is that which challenged the ANZ Bank’s right to impose exorbitant fees and charges for mere simple keyboard functions.

    A prior decision on a similar case went against the National Australia Bank, (cost them millions)this recent ANZ case was ‘reversed’ on appeal from the ANZ with the aid of their busload of QC’s, big money is the only way that can allow today’s Banks ‘off the hook’ for their excesses, maladministration’s, breaches etc.

    As of 1st July 2016 new amendments to the statutes of the ASIC regulator will have them less effective in holding Australia’s Big Bank’s to account for their greed excesses.
    Our dear Liberal Attorney General has the casting vote to prevent an action against any Australian Bank.
    This of course applies here in Tasmania as well.

  292. Brian Johnston

    July 27, 2016 at 7:46 pm

    #403 I hear what you say. The politicians are the most potent force to bring about change. An alternative could be a civil case, it would of course need to be funded (Think O J Simpson). It is disappointing that such a large part of the legal profession know there is a problem but do nothing. The few that try to bring about change are out gunned.

    Getting Sue out is just the beginning. It should have been all sorted after Lindy Chamberlain.
    Talking to someone from the NT, they even know which dingo.

    A member of parliament is elected to represent people and if those people demand change the MP has to act. The people have to put pressure on MP’s hence my suggestion to apply pressure to Andrew Wilkie and any other Tasmanian MP

  293. William Boeder

    July 27, 2016 at 4:55 pm

    Brian, I must advise you that any judicial disconformity in this State that might finger the Department of Justice in Tasmania, ‘will be met with fierce resistance.’
    The higher echelon people … will strongly defy any prospect of a release for SN-F.
    (edited)

  294. Brian Johnston

    July 27, 2016 at 1:55 pm

    Hi Guys
    What about all Sue’s supporters and those wishing to see an improvement in the Justice System phone or email Andrew Wilkie so as to kick the case along

  295. Brian Johnston

    July 26, 2016 at 12:31 am

    #399 While folks are organising copies of the book could you please in the meantime give us your thoughts on the Sue/Chappell section.

  296. garrystannus@hotmail.com

    July 25, 2016 at 10:36 pm

    Thank you, AS at #399: The State Library has about 5 copies, all of which are on loan at the moment, with hold requests made already by other patrons. There’ll be a bit of a wait, I expect. Maybe I might go and look for it in a bookshop.

  297. AS

    July 25, 2016 at 7:08 pm

    Greetings All! I’ve just read “Jail Birds: Australian Women Doing Crime” by Robin Bowles which has a substantial chapter on the Chappell/Fraser case, up to late last year.

    Interested to know if others on this thread have read it, and if so what are your thoughts on the way the case is presented by the author? (NB – I’m not promoting the book as such.

    You may be able to borrow it from the State Library, but if it’s not there you can ask if it can be made available.)

  298. Brian Johnston

    July 25, 2016 at 5:50 pm

    #397 Questioning the case and its proceedings is one thing which could get Sue out on a technicality which is not the ideal result.
    The police and prosecution have not proven their case, in my view. Guilty or not Sue should not have been found guilty. The only way Sue can now get out is,
    1) Prove her innocence
    2) A technicality
    Sue should not have to prove her innocence after the police have not proven their case, in my view.
    Getting out on a technicality does not clear her name.
    Sue has to be cleared to receive compensation.
    I believe Sue to be innocent and certainly innocent until proven guilty
    I believe Bob Moles got Keogh out on a technicality without clearing his name which while it is good to be free is somehow less than satisfactory.
    If only the police had gone after the dark grey shabby dinghy. The one that was seen.
    I would like to see Andrew Wilkie come off the sideline, roll up his sleeves and get involved.
    The whole justice system has to be rebuilt

  299. William Boeder

    July 25, 2016 at 2:32 pm

    #396. Thank you Brian for your rationale in the SN-F case …
    I was of the understanding that the subject matter was more to question the case and its proceedings, rather than to try for a whole new set of hypotheticals.

    (edited)

  300. Brian Johnston

    July 25, 2016 at 6:15 am

    #12 Ben says homeless girl does not ‘remember’ being on the yacht. An odd answer. She either does not wish to remember or she goes on to so many boats she can’t keep track
    #74 Rachel. It is the Warmist Alarmists that use selective bits of information. Sue’s supporters like CC sceptics are asking where is the evidence.
    #348 Garry says DNA about 25mm. Why so much discussion about gum. The DNA is obviously snot or phlegm.
    #53 Sammy says mistakes were made
    #58 Moles claims to have found 40 mistakes
    Folks it goes like this and remember it is my opinion.
    There were no mistakes. It is the police modus operandi. Sue was nominated as the guilty person. Every thing the police followed up on was to support that view. Sue in gaol proves that view. Are you with me. Very difficult for Sue to prove her innocence. The bulk of the talk is wasted. Irrespective whether there was blood or luminol in the dinghy it still has to be proven who used the four winds dinghy for the kill or even if it was that dinghy.
    This case like many others is circumstantial and built on a hypothesis rather than evidence, I believe.
    I believe that a 55 year old woman or any woman for that matter would not choose such a physical method to kill someone. If it is murder then his is a guy crime.
    The justice system is completely broken and needs to be rebuilt and only the politicians can do that. Andrew Wilkie may be a good place to start certainly for Sue’s supporters. They have to apply the pressure

  301. Dr Peter Lozo

    July 21, 2016 at 8:36 am

    Further to my #394:

    The links to the two previously mentioned facebook pages are:

    Peter Lozo

    https://m.facebook.com/public/Peter-Lozo

    Click on the first listed Peter Lozo (the sunset).

    Jules Blair

    https://m.facebook.com/graphsearch/str/jules+blair+adelaide/keywords_top?tsid=0.6053734908346087&source=typeahead

    Cheers,
    Peter

    Ps: I won’t be engaging in any discussion on this case via this forum. The purpose of inviting you read the above two referenced facebook pages is to give you a more balanced understanding of the case (and what I believe would have been the Crown case had the trial proceeded).

    Pps: I won’t be requesting nor accepting any friends to my facebook for the time being as I like to keep it specifically for scientific purposes.

  302. Dr Peter Lozo

    July 20, 2016 at 7:45 pm

    To all:

    All of you are well aware of Dr Moles’ and my opinion on the Neill-Fraser case. Most of you also seem to be aware of Dr Moles’ opinion on the Keogh case. A friend of mine (Jules Blair) and I have recently posted many facebook comments to Ch 7’s Sunday Night facebook about their recent program on the Keogh case. Rather than referring you to those many posts I refer you to:

    1. Facebook page of Jules Blair. She commented about the life insurance policies on her facebook.

    2. My own facebook page. I posted a number of scientific comments (the most recent earlier today).

    I will be updating my facebook page with more forensic evidence that I discovered during my 3 year ad hoc investigation (2012 – 2014), some of which relates to the geometry of the bathroom and the size, shape and the profile of the various bathtub surfaces. Suffice it to say, none of the many pathologists (on both sides of the case), nor the SaPol, bothered to study the bathtub and have missed out on recognising the features that are embedded in the 7 bruises on the deceased’s right shin.

    Cheers,
    Peter Lozo
    Adelaide

  303. Dr Peter Lozo

    July 13, 2016 at 5:55 am

    The truth behind the ‘dissapearing and full of errors’ Good Weekend article “The murder that divided Tasmania”

    See the TT article  “SMH pulls Neill-Fraser article, apologises to Tim Ellis”

    by Ben Lohberger at:

    http://oldtt.pixelkey.biz/index.php?/article/SMH-pulls-Neill-Fraser-article-apologises-to-Tim-Ellis/#sthash.Ew9mXVMz.dpuf

  304. Dr Peter Lozo

    June 24, 2016 at 9:48 pm

    #391

    My last sentence directed specifically at to you Mr Stannus is the very first sentence in #195 

    http://oldtt.pixelkey.biz/index.php/article/tim-ellis-and-the-australian-womens-weekly-#sthash.bgqxdDD4.dpuf

    Best wishes,
    Peter

  305. Garry Stannus: garrystannus@hotmail.com

    June 24, 2016 at 4:23 pm

    Steve (#382): as I see it, Peter’s contribution to the discussion has been to posit some unlikely-yet-theoretically-possible scenarios. ‘Unlikely’ perhaps is not the best word to describe his lee-cloth-was-a-shadow and his MV’s-DNA-was-transferred by chewing gum on the shoe/boot of a third party. ‘Unrealistic’ is possibly a better adjective, implausible also comes to mind. Then we get the débâcle resulting from Peter’s rejection of SN-F’s forgetfulness of her movements while wanting to dismiss Mr Conde’s ability to remember what he saw from 50 metres. Steve, you conducted your own ‘looking out my window’ experiment and of course so did I. Mine were repeated in a number of situations, weather conditions and hours of the day. I’ve just recently added two more pix to my Facebook page, which indicate that one can distinguish ‘grey on grey’ from a distance of 50m. I was surprised to see that at 50m not only could I see the ‘grey on grey’, but I could read the number on the ute’s registration plate. In the photo, I’ve smudged it for the privacy of the owner. [ please fellow readers, see my 6pix at https://www.facebook.com/garry.stannus ]

    Now it seems that Peter has not yet run out of breath, is splashing around in the water and swamping us all with his comment after comment after comment. And as his mistakes accumulate, so too does his temper rise. You saw his entry onto the fox thread just to deliver me a gratuitous backhander. You may also have seen that he has been checking out my Facebook friends and publicly (here on TT) commenting on one of them, and demanding an apology for what he imagines was a misquote. Now he has again switched his attack, this time to Barbara Etter, because she has had the temerity to remove two of her posts from her blog.

    Looking to the future, I am very interested in the new legal appeal case that has been commenced. Of course I’m looking forward to see the actual Vic Police Forensic Services Department report in toto, if that will be possible. Also I understand that (since the trial) there is some other new material now available and so I wish Barbara and the SN-F team good luck with their preparations and with the conduct of the case when it returns to Court. I want to know that justice will have finally been done, as unfortunately I believe a miscarriage of justice occurred when then justice Blow declined to have MV brought back to explain her whereabouts on that afternoon & night, when after giving her evidence it was then learned that there was no such address as that which she’d given as being at. The MoJ is more pointed given that following on from that revelation, Mr Gunson had also unsuccessfully asked for Mr Grosser (the DNA expert) to be recalled to give further evidence/opinion relating to MV and her DNA on the Four Winds. He was knocked back on both counts, yet at the requests of Mr Ellis, it was OK for Mr Triffitt to be recalled, then for Mr Balding to be recalled, just to say that the Four Winds dinghy (that he saw on the rocks 20 minutes before dawn) was ‘light grey’.

    I look forward to the return to Court.

  306. Dr Peter Lozo

    June 23, 2016 at 12:52 am

    #381 Sammi

    You have made some good points. I don’t have much time at the present but I do agree with you that the prosecution should have given the jury and the judge an opportunity to:

    (i) see how a person can be winched up the stairs and into a dinghy;

    (ii) see what the Four Winds dinghy looks like under the similar viewing conditions as that faced by Paul Conde and the others.  I have previously suggested this sometime last year. It was very naive in the Court to show Conde a photo of the Four Winds dinghy taken from a close range with some sunlight on the dinghy and ask him whether that is the same dinghy he saw briefly 18+ months earlier from a longer distance and very different environmental conditions:

    – overcast day

    – very choppy water

    –  the direct line of sight between the dinghy and the location of the sun obstructed by the yacht

    – diffuse sunlight due to cloudy conditions

    – Conde looking in the general direction of the sun, thus his vision being affected by the glare, both from the direct sunlight through the cloud and the reflected/scattered light from the water.

    This is a significantly different condition to that under which the close range photo of the Four Winds dinghy was taken. Plus, his memory wouldn’t have been reliable either. I have previously stated why I believe that he couldn’t have perceived a dark grey lee-cloth on a dark grey dinghy and that this was most probably an erroneously reconstructed memory based on his own understanding that a lee-cloth would protect a dinghy from water over-flow in choppy conditions.

    See my #214 (15th April 2015) at: 

    http://oldtt.pixelkey.biz/index.php?/comments/34482/#sthash.6XXsJo8A.dpuf

    (ix) It would gave been far more productive for the Court to have taken the jury out to the river and presented them with the same scenario as described by Conde (using the Four Winds dinghy and the Four Winds yacht in the same same relative positions as reported by Conde).

    However, I don’t see that any of the above would have changed the jury’s decision on Sue’s guilt. But it would have helped Neill-Fraser’s family & friends to better appreciate the technicalities of the case.

    I attribute the unrest in the Neill-Fraser’s case mainly to Eve Ash’s Shadow of Doubt documentary as well as to the over-interpretation of the significance of the VPFSD forensic report by Barbara Etter, Eve Ash, Dr Bob Moles and Andrew Urban (you can read my own analysis of that report on my earlier comments on this thread).

    My next comment will in fact be about my recommendation to what Shadow of Doubt II ought to include. I briefly touched on this elsewhere.

    Cheers,
    Peter

  307. Dr Peter Lozo

    June 22, 2016 at 7:17 pm

    ……

    To those interested in a non-mathematical seminar on the neuroscience of visual perception (cortical circuits and mechanisms of visual perception) with an application to this case, please see #4

    http://www.oldtt.pixelkey.biz.au/index.php/article/i-would-be-delighted-to-take-a-trip-to-hobart-

    Cheers,
    Peter

  308. Dr Peter Lozo

    June 22, 2016 at 6:38 pm

    #386

    I perfectly agree with your current description of yourself. Never mind, you can move out of that hole and take a brighter look at the life and overcome the grief of your past.

    Best wishes,
    Peter

  309. Steve

    June 22, 2016 at 6:30 pm

    #386; Yes I can see how it could take you that way but I read stuff like “..the highly scientific nature of my analysis..” and picture someone sitting there typing that, possibly even believing it.

  310. Geraldine Allan

    June 22, 2016 at 6:16 pm

    #385 — my description is annoying, boring and at times offensive.

  311. Steve

    June 22, 2016 at 6:10 pm

    #383; I amend my previous descriptive of farcical. This is becoming sad. Peter, stop digging!

  312. Geraldine Allan

    June 22, 2016 at 5:55 pm

    #381 Sammi, well said.

    You highlight yet another failure and injustice of the SN-F Supreme Court trial, whereby jury members were not afforded an opportunity to sight the geography of the relevant site(s) and the on-board situation of the yacht, in order to satisfactorily comprehend the various challenges the accused would have (i) experienced and (ii) had to master alone, if she acted as the prosecution accused.

    In any major indictment and this was one, failure to afford jury members a reasonable opportunity to view the various scenes and/or situations is more than a stuff-up; it is an injustice to the accused and in my view burdensome to the jury — ultimately the decision-makers.

    My experience is — at the beginning of trial, all jury members accompanied by court sheriffs with instruction sheets, were transported as a group in a mini-bus, to the scenes that were to become relevant to the evidence to be presented.

    Photos as evidence are a most unsuitable substitute for visiting the various scenarios; impossible to gain a level of the reality of given situations, most especially complex ones, from a picture.

  313. Dr Peter Lozo

    June 22, 2016 at 5:29 pm

    #373, #374, #379 & #380

    My contact at UTAS informs me to ignore you guys because there is a significant interest, at least in his professional and social circle in Hobart, in reading my input because

    “the SN-F support group has dominated the airways with their biased and narrow-minded view. Your input has provided a fresh and insightful opinion on a variety of important issues. We look forward to your further contribution”

    So you can expect more to come as I find spare few minutes to put something together. I can only assume that the readership of this case has increased in other parts of the country as well as result of my scientific analysis (the word spreads around via email very quickly, even overseas given the highly scientific nature of my analysis with respect to visual perception and memory).

    Mr Rick Giddings, for the first time, also got into this on-line discussion because of my varied input! I assume that the Editor of the Tasmanian Times is also very grateful for my voluminous input.

    Thus, there is a much bigger picture and attention on this case than your local view and focus.

    Cheers,
    Peter

  314. Steve

    June 22, 2016 at 4:54 pm

    #380; Garry, your decision, but I’d give serious consideration as to how much you feed Team Lozo.
    He has not added anything of value for some time now, preferring rather to attack other posters’s credibility. I see he’s now trying to revive his chewing gum theory which has about much credence as abduction by aliens.

  315. Sammi

    June 22, 2016 at 3:32 pm

    Occasionally I scan through this thread, but really don’t usually have time to contribute. The main comment I’d make now is that the contributions by Dr Peter Lozo and many others, with their detailed observations and even “experiments” re. colour of dinghy, DNA in chewing gum etc,, surely show just how inadequate the original police investigation and court case were. If the vital issues re. “evidence” can be hotly debated for years by intelligent citizens (including some who seem well qualified in relevant professional areas), shouldn’t there have been a lot more of that enquiry and experimentation brought to the court? eg: Why weren’t jury members taken to the “Four Winds” to assess for themselves the layout of the yacht and its various areas and fittings, which were so important in the trial; the likelihood of Susan Neill-Fraser being able to haul the body on deck and into the dinghy? – or to learn more about the different possible perceptions of the colour of an object in various light conditions? (etc, etc)

  316. Garry Stannus

    June 22, 2016 at 11:35 am

    Really Peter, you are literally swamping the thread with your comments. I am trying to reply to those of your comments which are directed to me, but I do suggest that you give us all some screen space. That is, the thread’s value as a forum for discussion is being debased when simply post after post after post seems to come from your keyboard.

  317. Steve

    June 22, 2016 at 11:04 am

    #375 etc. Peter; you are just trolling. You have not established one fact yet you persist in claiming that you have brought some sort of insight to the discussion.

  318. Dr Peter Lozo

    June 22, 2016 at 10:05 am

    … Cont.

    Also see comment #158 by Dr David Palmer (MD) at

    http://oldtt.pixelkey.biz/index.php/article/tim-ellis-and-the-australian-womens-weekly-

    Thus we now have two mysteriously disappearing blogs from the BEtter Consulting website!

  319. Dr Peter Lozo

    June 22, 2016 at 10:03 am

    The mysteriously vanishing blogs from the BEtter Consulting website

    As far as I am aware, two blogs on the Neill-Fraser case have vanished from the BEtter Consulting website – the very blogs that Barbara herself initiated.

    1.The first dissapearing blog

    The first of Barbara Etter’s blogs to dissapear into the ‘cyber junk bin’ is the blog concerning Sue’s Bunnings lie. The blog is referenced by Barbara in her own TT article “The So Called “Bunnings Lie” in the Sue Neill-Fraser Case”  of 6/8/13.

    See more at: 

    http://oldtt.pixelkey.biz/index.php/article/the-so-called-bunnings-lie-in-the-sue-neill-fraser-case#sthash.3tT1id9T.dpuf

    I noticed that the referenced blog disappeared within a few days of my  email to both Barbara Etter and Eve Ash  about their claim that shock and an intake of valium on 27th Jan had a detrimental effect on Sue’s memory of the day before. I stated something to the effect that shock and valium couldn’t have had an effect on retrograde memory (memory that was formed 12-24 hours earlier). 

    I don’t think I submitted a comment to that blog but within a day or two of my email, Barbara removed her blog. At around the same time, Eve Ash removed the “Dig Deeper” video clip that is referenced in the article. This video clip has since resurfaced but one now needs to know the password to see it!

    2. The second dissapearing blog

    The second blog that dissapeared from the BEtter Consulting website in the last 10 days or so concerns Barbara’s analysis of the various Court decisions on MV and her DNA in light of the forensic report from VPFSD that Barbara obtained in 2014. The blog was still available when I read Glenda’s comment #328 the next day or so on the now non-existing blog whose link was

     http://www.betterconsult.com.au/blog/an-analysis-of-the-supreme-court-trial-the-court-of-criminal-appeal-submissions-and-decision-and-the-high-court-application-in-relation-to-the-meaghan-vass-dna-sample/#sthash.Fsx7g7S2.dpuf

    This is what I posted on that blog in April last year (in response to Lynn Giddings’s comment of August 2014 which is shown below):

    Hello Lynne,

    1. It is highly unlikely that Ms Vass was onboard given that the only DNA sample was in one location and there is no collaborating DNA hair sample nor fingerprint matches.

    2. Imagine this scenario: 

       You spit out a chewing/bubble gum onto a footpath. Shortly later I step onto the chewing gum. The chewing gum sticks to the sole of my shoe without my knowledge. I then go into a shop and commit a crime without any witnesses and without leaving behind any of my own DNA or fingerprints or hair, etc. Forensic experts match your DNA to several places on the floor of the crime scene. You are charged with crime. What would you do? 

    3. Saliva in the chewing gum will leave behind a strong RFU DNA signature on the deck of a sailing boat.

    4. Don’t you now think that you went beyond reason when stating “she put it there herself”?

    This is what Lynn Giddings posted on 25/08/2014 (soon after Barbara Etter created that blog in August 2014):

    “Interesting that Sue Neill-Fraser had told Detective Constable Marissa Milazzo and Detective Senior Constable Sinnitt that she had been watched tying up her dinghy in the afternoon by a “Girl with dark hair” while “A guy on slipway” was nearby. On the day that Meaghan Vass walked into court, she had dark hair. Could it have been the same girl?  When the defence counsel cross-examined Detective Senior Constable Sinnitt, we learnt that, after forensic turned up a DNA ‘match’ for Meaghan Vass, she had been residing at a women’s shelter and had requested to be elsewhere for the night of Australia Day 2009. She gave an address on Mount Nelson, overlooking Sandy Bay, for her sleep over. It is interesting that it is now known that her DNA was not transferred onto the yacht on someone else’s shoe; she put it there herself.”

  320. Dr Peter Lozo

    June 22, 2016 at 12:18 am

    ….. Continued  …..

    Also see comment #158 by Dr David Palmer (MD) at

    http://oldtt.pixelkey.biz/index.php/article/tim-ellis-and-the-australian-womens-weekly-

    Thus we now have two mysteriously dissapearing blogs from the BEtter Consulting website!

    I am beginning to have doubts about the integrity of the former Integrity Commissioner. If she wanted to remove that last blog then surely she could have considered informing the contributors to that blog before deleting it. There were only two contributors (Lynn Giddings and Peter Lozo). Barbara has had email contact with me, as recently as a month ago on another matter, so could have had common courtesy in this instance to inform me what she was intending to do. Why bother submitting to her blog if she is then likely to delete the blog in the future if the case ends up going nowhere? 

    My guess is that the Giddings family was concerned about Lynn’s rather strong and inappropriate comment about (the homeless girl) and thus asked Barbara to delete the blog given my scientific analysis on the VPFSD report. Is it a coincidence that the blog got removed about the time Mr Rick Giddings (a former magistrate) got involved in on-line comments on 12 June on the parallel TT thread concerning Sue Neill-Fraser and the Australian Women’s Weekly?

    3. Conclusion

    Like I said many months ago but it is now becoming more obvious:

    • Susan Neill-Fraser and her imaginary lies got sunk by a 12.25 am ATM photo and a 3.08 am call from her landline! 

    • Susan Neill-Fraser’s conga of imaginative supporters got sunk by an Adelaide scientist and his musings about visual perception, DNA in a chewing gum, and the neuroscience of memory & grief.

    See #186 at

    http:oldtt.pixelkey.biz/index.php/article/tim-ellis-and-the-australian-womens-weekly-#sthash.4Crg5qXz.dpuf

    Peter Lozo, BSc, PhD
    Adelaide, SA

  321. Dr Peter Lozo

    June 22, 2016 at 12:14 am

    The mysteriously vanishing blogs from the BEtter Consulting website

    As far as I am aware, two blogs on the Neill-Fraser case have vanished from the BEtter Consulting website – the very blogs that Barbara herself initiated.

    1.The first disappearing blog

    The first of Barbara Etter’s blogs to disappear into the ‘cyber junk bin’ is the blog concerning Sue’s Bunnings lie. The blog is referenced by Barbara in her own TT article “The So Called “Bunnings Lie” in the Sue Neill-Fraser Case”  of 6/8/13.

    See more at:

    http://oldtt.pixelkey.biz/index.php/article/the-so-called-bunnings-lie-in-the-sue-neill-fraser-case#sthash.3tT1id9T.dpuf

    I noticed that the referenced blog disappeared within a few days of my  email to both Barbara Etter and Eve Ash  about their claim that shock and an intake of valium on 27th Jan had a detrimental effect on Sue’s memory of the day before. I stated something to the effect that shock and valium couldn’t have had an effect on retrograde memory (memory that was formed 12-24 hours earlier). 

    I don’t think I submitted a comment to that blog but within a day or two of my email, Barbara removed her blog. At around the same time, Eve Ash removed the “Dig Deeper” video clip that is referenced in the article. This video clip has since resurfaced but one now needs to know the password to see it!

    2. The second disappearing blog

    The second blog that disappeared from the BEtter Consulting website in the last 10 days or so concerns Barbara’s analysis of the various Court decisions on MV and her DNA in light of the forensic report from VPFSD that Barbara obtained in 2014. The blog was still available when I read Glenda’s comment #328 the next day or so on the now non-existing blog whose link was

     http://www.betterconsult.com.au/blog/an-analysis-of-the-supreme-court-trial-the-court-of-criminal-appeal-submissions-and-decision-and-the-high-court-application-in-relation-to-the-meaghan-vass-dna-sample/#sthash.Fsx7g7S2.dpuf

    This is what I posted on that blog in April last year (in response to Lynn Giddings’s comment of August 2014 which is shown below):

    Hello Lynne,

    1. It is highly unlikely that (the homeless girl) was onboard given that the only DNA sample was in one location and there is no collaborating DNA hair sample nor fingerprint matches.

    2. Imagine this scenario: 

       You spit out a chewing/bubble gum onto a footpath. Shortly later I step onto the chewing gum. The chewing gum sticks to the sole of my shoe without my knowledge. I then go into a shop and commit a crime without any witnesses and without leaving behind any of my own DNA or fingerprints or hair, etc. Forensic experts match your DNA to several places on the floor of the crime scene. You are charged with crime. What would you do? 

    3. Saliva in the chewing gum will leave behind a strong RFU DNA signature on the deck of a sailing boat.

    4. Don’t you now think that you went beyond reason when stating “she put it there herself”?

    This is what Lynn Giddings posted on 25/08/2014 (soon after Barbara Etter created that blog in August 2014):

    “Interesting that Sue Neill-Fraser had told Detective Constable Marissa Milazzo and Detective Senior Constable Sinnitt that she had been watched tying up her dinghy in the afternoon by a “Girl with dark hair” while “A guy on slipway” was nearby. On the day that Meaghan Vass walked into court, she had dark hair. Could it have been the same girl?  When the defence counsel cross-examined Detective Senior Constable Sinnitt, we learnt that, after forensic turned up a DNA ‘match’ for (the homeless girl), she had been residing at a women’s shelter and had requested to be elsewhere for the night of Australia Day 2009. She gave an address on Mount Nelson, overlooking Sandy Bay, for her sleep over. It is interesting that it is now known that her DNA was not transferred onto the yacht on someone else’s shoe; she put it there herself.”

  322. William Boeder

    June 22, 2016 at 12:03 am

    Mr Peter Lozo, what has happened to your proposed sabbatical, you are now finding time to enter into personal disparagements in your ongoing commentary which in my estimation is not the conduct of a true professional.
    There may arise the prospect of persons hesitating in their reply to your many assertions and non-sought somewhat biased opinions.
    Thank you.

  323. Steve

    June 21, 2016 at 10:16 pm

    #372; As a scientist Peter, I’m sure you’re aware of the Law of Holes. May I suggest you stop digging? This is becoming farcical.

  324. Dr Peter Lozo

    June 21, 2016 at 7:04 pm

    Admit your error and apologise for misleading the readers Geraldine Allan rather than nit-picking on other people’s typos!

  325. Geraldine Allan

    June 21, 2016 at 5:18 pm

    This discussion article is titled: Sue Neill-Fraser: Two views of her guilt. Whilst retaining the integrity of debate, it is perfectly OK for persons holding opposing views to comment either way.

    Some opine guilty; others hold no view either way other than the processes before, during and after arrest and trial were unfair and unjust and at times indeed shocking, therefore the accused was not afforded justice. I am one of the latter.

    From transcript excerpts and various discussions that followed SN-F guilty conviction, my awareness has been alerted to the fact that “ad hominem” repeatedly rears its ugly head. It is alive and very, very well. These attack-tactics can be overt and/or more deviously casting doubt on character or individual attributes in order to raise suspicion or discredit. Assailants can undermine someone’s case without prominently engaging in argument.

    Attacking an opponent’s (good) character or personal traits in an attempt to undermine their argument/position, often triumphs. Groupthink stuff. It happened during trial, and continues to happen, even in this discussion thread.

  326. Geraldine Allan

    June 21, 2016 at 4:11 pm

    Quoting from #363
    “I am not answerable to you nor do I need to confirm anything to you!”
    Ditto. Soooo tiring.

    #364
    Repeating from an earlier comment, I am not under XXN.

    You falsely write that I “seriously misquoted [sic] Barbara Etter […] thus misleading the readers including me. […]”. Please refrain from publishing your expectation that I ought have publicly taken “responsibility for your error by first acknowledging that you made an error and then apologising for misleading the readers because of your error”.

    It seems you have been “fooled by” matters for more than a “couple of days”. FACT — there was no misquotation in the post to which you refer. What “Glenda” did and did not do is of insignificant interest to me, especially when I noticed at the outset she failed to “quote” (spell) my name correctly. Also noteworthy is — “Glenda” (whoever she is) took a loooong time to publish the edited wording to the quote, most particularly if it was noticed back in 2014. Seems both Peter & Glenda were both alert way back then, but remained silent. Me now nit-picking? No.

    I am “fair, just and righteous”, thus I justifiably expect you to be more careful with your publicly expressed supposition, innuendo and erroneous conclusions as they relate to me.

    Whilst suggesting you be more careful in your comments “as they relate to me”, especially your unjustifiable reminder to me— “about her own errors and habits”, the relevance of your clumsily expressed “… (I am aware of her many issue with the legal system and her negative attitude to the former DPP)” escapes me. Except, no, no, no, don’t explain.

    In spite of apparent Facebook and other trolling, any knowledge gained is ‘the tip of the iceberg’. Beware of drawing conclusions on scant information.

    Increasingly your comments appear to me as attack-dog in style rather than of an informative and readable contribution. Repeatedly, you say you are busy. Let it be so.

  327. abs

    June 21, 2016 at 1:51 pm

    peter, not quite sure why you need “contacts in other parts of the country” to inform you of comments, when those comments are responses to your own comments on a thread that you are fully involved in?? seems a strange thing to say.

    btw, i ceased engaging in the charade of a ‘scientific’ debate on the other thread when those i was debating seemed more intent on giving opinions (or as Steve puts it, “playing tag)’ as to whether i was actually a phd in clin psych, rather than address the scientific evidence i presented on the detrimental effects of stress/distress upon working memory processes.

  328. Dr Peter Lozo

    June 21, 2016 at 1:23 pm

    Mr Stannus,

    Are you kidding? Geraldine made that comment soon after Barbara wrote it on her website in 2014! You were on this thread at that time but probably didn’t notice the misquotation or chose not to say anything about it. I was fooled by it for couple of days but then I checked with Barbara’s website. I spotted the misquotation immediately back in April last year but chose not to pursue Geraldine about it because I thought it to be a pedantic nit-picking exercise. But since Geraldine hadn’t acknowledged her error after Glenda brought it to her attention, but is nit-picking my statements from time to time, I decided to remind Geraldine about her own errors and habits (I am aware of her many issue with the legal system and her negative attitude to the former DPP).

    I also suggest that you modify your own nit-picking habit. See my comment to Ian Rist and to you on the other subject you are commenting on:

      http://oldtt.pixelkey.biz/index.php?/comments/42329/

    Ian Rist, Dr David  Obendorf and I have independently concluded the same thing about your inappropriate approach to comments on subjects you aren’t an expert in but are pedantically nit-picking on those who have a better scientific understanding of the subject they are commenting on.

  329. Garry Stannus

    June 21, 2016 at 2:49 am

    No, Peter (#364): Geraldine hasn’t “muisquoted” [sic] Barbara Etter … For those who can ‘read between the tea-leaves’ I’d hoped my #342 had answered Glenda’s #328 suggestion that Geraldine had misquoted Barbara. Glenda had noticed a discrepancy between Geraldine’s quote at #31 and a no-longer-available quote from Barbara. To Glenda, this difference in the two quotes was sufficient to indicate that Geraldine had misquoted Barbara: “Can one trust SN-F supporter who misquotes SN-F’s solicitor?”

    As for myself, I wondered whether Barbara had modified her own text/withdrawn it and I canvassed that question in my #342. I think that scenario is quite more likely than that of Geraldine misquoting Barbara. Such post-editing modifications (as I suggested) are now possible in this online world. For those who doubt, I ask ‘Have they never seen challenged TT comments disappear into the ether, leaving other subsequent comments ‘high and dry’?
    It’s a pity that we get to a stage where it is necessary to trawl back through past comments – one’s own included – to respond to an incoming. In my opinion, Peter, you have not acknowledged that the discrepancy in the two quotes may well be because the original text was modified/withdrawn. Splasho!

    Your charge, Peter, against Geraldine of having “seriously muisquoted Barbara Etter” [sic] is in my opinion shallow.

  330. Dr Peter Lozo

    June 21, 2016 at 1:46 am

    #365 Suspense, intrigue and mystery!

    Good thing I have contacts in other parts of the country! How else would I have been informed about some people’s comments on many different subjects (by Garry Stannus, and by another individual who posts under name “abs”). I was directed to Garry’s latest post on a previously mentioned thread where he is questioning why a certain individual misquoted another individual. But he hasn’t bothered to do that sort of thing here with Geraldine and her misquotation of Barbara Etter. He and Geraldine are facebook friends!

  331. Steve

    June 20, 2016 at 11:25 pm

    #362; I’m a simple soul Geraldine. Ultimately, if someone wishes to post under multiple identities, it’s no skin off my nose. In this instance, Dr Peter’s sycophants seem too good to be true, however I’d take his word for it on the matter.
    Judging from #363, Dr Peter’s assurance on this issue is not going to be forthcoming so I’m quite comfortable that my suspicions are confirmed.
    With regard to the broader question about anonymous posting, I’ve never made any secret that I consider that greater intellectual honesty and genuine discussion derives from those whose egos are left at the door. I would have no issue with someone in Dr Peter’s position who ran two identities; one correctly ascribed, to put forward points requiring the authority of his qualifications; and a second to put forth personal views.
    Such a scenario seems quite reasonable and I can’t see it invoking the ire of the editors, providing the two identities don’t play tag on the same thread.

  332. Dr Peter Lozo

    June 20, 2016 at 10:40 pm

    #362 Mrs Allan,

    What you have done is to have seriously muisquoted Barbara Etter concerning the VPFSD report, thus misleading the readers including me but you haven’t yet publicly taken any responsibility for your error by first acknowledging that you made an error and then apologising for misleading the readers because of your error.

    Thus if you want to be righteous and fair then show us that you are fair, just and righteous.

  333. Dr Peter Lozo

    June 20, 2016 at 8:51 pm

    #361 Steve,

    1. I am not answerable to you nor do I need to confirm anything to you! My first paragraph in #360 is sufficiently clear on this issue.

    2. I read books, journal articles,have attended courses, seminars, conference (in Australia, UK, Canada and USA) watch youtube videos, etc in various brain sciences in general but am focused on the cortical neural circuits sub-serving  various aspects of vision.  By various brain sciences I mean: cognitive  science, cognitive psychology, neuropsychology, physiology of behaviour, principles of neural science, cognitive neuroscience, Vision and Perception, Consciousness and the neural correlate of consciousness, neuroanatomy, neurophysiology,etc, etc.  During my initial first weeks on this case in April last year I got stuck into the DNA literature. During a 3 year period (on an ad hoc basis) in 2012-2015 I got stuck into pathology text (as part of another case I was researching). That is how research scientists work and do their job: continuous learning, analysing, hypothesising & theorising, experimenting, reporting  etc…

    3. I will continue to discuss the Neill-Fraser case in August – don’t wish get bogged down as I am pretty busy with some other work.

    Hope this helps.

    Best wishes,
    Peter

    PS; I you wish to read my scientific analysis of the Keogh case in Adelaide then please read my posts from  February 23, 2015 at 5:46 pm  to yesterday (I will be submitting more in the future; it is a very complex case – medically & scientifically). I have provided a totally different perspective compared to the dozen or so forensic pathologists who were involved over the 20 year period. Too many ‘hired guns’ got involved but all failed to notice what I noticed within the first few weeks of researching the case.

    http://clubtroppo.com.au/2010/12/13/taking-a-bath-can-be-dangerous/

  334. Geraldine Allan

    June 20, 2016 at 7:08 pm

    #361, Steve, your request — “please could you confirm that you have never posted under any name other than your own” prompted a concern for me.

    You say you will “then be happy to take you at your word”.

    FYI — I am aware of the practice of some posters who write a comment then fwd it to another person to post under their name. Intermittently, I recognise the origin of the post by the formatting style and wording.

    For this record —I haven’t ever engaged in that practice. If I don’t have the courage to post under my own name, I don’t post at all.

    Thus, returning to your seeking confirmation, you might consider broadening your request.

    There is no innuendo in this comment. It is what it is.

  335. Steve

    June 20, 2016 at 6:19 pm

    #360; Peter, Sorry for the innuendo but just for the record, please could you confirm that you have never posted under any name other than your own.
    I will then be happy to take you at your word.

    With regard to cognitive psychology, thanks for explaining. I’m always happy to learn. Much of what you have been talking about revolves around memory which I would say is a cognitive process. I’m not sure that “computational neuroscience” would give you any great insights as to a witness’s view of a dinghy.

  336. Dr Peter Lozo

    June 20, 2016 at 5:06 pm

    #359 Try again Steve. I do not appreciate the innuendo. If you do not cease with the innuendo I will ask the editor to delete your comment that I find offensive to my integrity.

    $357 As for Cognitive Psychology: try again here too! Cognitive Psychology doesn’t deal with neural circuits. Computational/Theoretical Neuroscience does. Computational Neuroscience is very mathematical and deals with mathematical models of neurons and neural circuits (and their implementation in software for the purpose of computer simulations to test the validity of the theory/model or to explain some neuroscience or psychophysical data). The purpose being to understand how the brain works at the neural circuit level.
    It does requires good skills in science, mathematics, circuit design, software implementation and simulation on a computer. A typical physicist is very well equipped in all of these prerequisite areas. I can replace ‘Perceptual Scientist’ to ‘Computational Neuroscientist’ or ‘Neuroengineering Scientist”, etc.

    Peter

  337. Steve

    June 19, 2016 at 9:42 pm

    For those who are amused by such things, it’s entertaining to note that I have now, on three separate occasions, ascribed comments made by Dr John to Dr Peter.
    Now I don’t necessarily recall exactly every comment I have made on TT but I’m quite sure that if I was credited with making a comment that was recently made by someone else, I’d notice that and immediately correct the record.
    It’s interesting that Dr Peter Lozo doesn’t notice when he is credited with a comment apparently written by someone else. To add to the above is the similarity in writing style, the convenient timing, the anonymity; it goes on and on.

    It’s worrying to contemplate that SNF has now been in prison for a considerable period of time, based on circumstantial evidence, but she doesn’t seem to have the same opportunity to address what has every appearance of being an extremely unjust situation.

    (anonymous comment edited)

  338. Geraldine Allan

    June 19, 2016 at 2:31 pm

    #353. I consider the final sentence of your post is unwarranted and offensive

  339. Steve

    June 19, 2016 at 1:49 am

    #356: “brain science is my playing field”

    Peter, I thought you were a physicist? No wonder you seem confused!
    I’m not saying that physics and cognitive psychology should not travel together but they are unusual bed fellows?

  340. Dr Peter Lozo

    June 19, 2016 at 12:05 am

    #355 Wow, Thank you Roger!

    I am extremely impressed with David’s comment 22 (copied below). How perfect!

    I thought to use it as my exit strategy from this thread. Being a scientific researcher of brain circuits related to visual perception, pattern/object recognition, learning, memory, and conscious awareness, it is my opinion that David’s view is right on the ball.

    Steve: I can’t be bothered with your last comment (brain science is my playing field ). If Neill-Fraser gets released then good for her.

    Best wishes,

    Peter

    “Our brains are ‘belief engines’ that employ associative learning to seek and find patterns.

    Superstition and belief in magic are thousands of year old, whereas science, with its ways to methodically investigate false positives is only a few hundred years old.

    The cognitive disconnect evolved in human brains pays attention to anecdotes because false positives – believing that there is a connection between A and B when there is not – usually have harmless consequences, whereas false negatives – believing that there is no connection between A and B when there is – can lead to quite serious consequences.

    It provides an explanation for why it’s relatively easy to persuade a gullible multitude that a well-indoctrinated imagination is a threat.

    Humanity is now beginning to realise the global consequences of obstinate cognition.”

    See more at: http://oldtt.pixelkey.biz/index.php?/comments/42329/#sthash.6EbXt9EB.yhZkcEA9.dpuf

  341. Roger

    June 18, 2016 at 11:04 pm

    (Commented challenged, reviewed, deleted)

  342. Steve

    June 18, 2016 at 9:34 pm

    #353; “Are you into something or do you have a psychological problem?”

    Yep, that’s the scientific approach! I thought you had retired from TT until August, Peter?
    It doesn’t matter how much you spout on about different photos and light conditions and grey dinghies. Nothing you can present from a visual perception perspective is capable of proving that the sworn evidence given by Paul Conde is false.
    If we were discussing photos and snapshot images, you might be able to gain some traction but sworn evidence from an eye witness who had the dinghy in sight for a period of time has to be accepted.
    As I suggested before, I suspect you are getting too hung up on camera views. When I, somewhat facetiously, brought up the example of the galvanised pole I can see from my office window, mounted on a grey concrete block and with a grey rag around it, you suggested that I took a U Tube video so you could point out where I went wrong. In doing this, you entirely missed the point of my argument, in that there’s more to visual perception than the camera view. Even though the galvanised pole is weathered to almost the shade of the concrete and the rag is a similar shade, at 50m it’s very easy to tell them apart under virtually all light conditions. The exception being viewing directly into the sun, which, as per your hypothesis, everything looks much darker and blends. Move a little way off angle though, and all comes good again. Paul Conde did not view the dinghy from one angle only.

  343. Dr Peter Lozo

    June 18, 2016 at 4:57 pm

    #352

    1. See the photo of the Four Winds dinghy in a video clip where it is on its yacht. Plenty of sunlight. The blue stripes are light blue.This is the true colour of the dinghy: white with light blue strips on the tubes, grey and blue horizontal strips along the tubes. Thus White with Light Blue stripes. That is where I got the true colour of the dinghy from. Perhaps you didn’t see that photo!

    2. See it now in the photo of the dinghy you are referring to next to the rowing sheds. It looks different. The light blue stripes are now dark blue stripes. The dinghy is in general pale grey. Shadows indicate that the sun is out. There is some direct sunlight on the dinghy. It doesn’t necessarily mean that is exactly how it was when Mr Balding saw it initially nor did I indicate it to be so!

    3. The man who was in a direct physical contact with the dinghy at 2pm on 26th (and thus looked at it from less than an arm’s reach) didn’t refer it to being ‘white’ but ‘white-pale grey’.

    4. Accept it that it is mostly described as being a shade of grey, the actual brightness bring dependant on the illumination, reflectance, and any other source of direct/reflected/scattered light into the observer’s eye. Are you into something or do you have a psychological problem?

  344. Garry Stannus

    June 17, 2016 at 10:20 pm

    I wonder what colour Peter’s dinghy will be in August?

    In September of last year Peter described the Quicksilver dinghy as (the caps are his, not mine) … ” WHITE with LIGHT BLUE stripes” Posted by Dr Peter Lozo on 18/09/15 at 09:38 PM – See more at: http://www.oldtt.pixelkey.biz.au/index.php/article/tim-ellis-and-the-australian-womens-weekly-#sthash.bsWXJ8U8.dpuf [#106]

    Yet by May this year, the Quicksilver had become … “As for the photo of the dinghy in the article: I would say that it is made of a pale grey material with grey and blue trim.
    Posted by Dr Peter Lozo on 08/05/16 at 08:05 AM”
    [#251, above; and view the photo referred to at [Here] ]

    But by August, maybe he’ll have it as black with black stripes…

    I like his glorious ‘sunshine before sunrise’ #308:

    The explanation ought to also extend to the other eyewitnesses who saw the Four Winds dinghy next to the Rowing Sheds on the 27th and perceived it to be grey in colour rather than white! Please do not ignore these important eyewitness statements about the Four Winds dinghy when viewed from a close range of less than 10 metres when there was some direct sunlight on the dinghy.
    Posted by Dr Peter Lozo on 31/05/16 at 01:48 AM

    I like it for both its misrepresentation of the actual evidence given by the relevant witnesses and for the fact that the evidence given Mr Baldwin (of a grey, then pale grey, then pale grey white, light grey, light’ish grey Quicksilver) was based on the following statement (CT 1028 10):

    At about 5:45am on the 27th January ’09 I arrived at the rowing club to take training. When I arrived Mr Farmer, who is the father of one of the rowers, told me that when he arrived he had found an inflatable dinghy floating off Errol Flynn Beach which is the beach between the end of Marieville Esplanade and the rowing club. I saw that the dinghy was tied to rocks beside the rowing club, it was grey with dark blue trim and had an outboard motor attached to the back.

    -No mention of Peter’s “direct sunlight on the dinghy” there… It would have caused a scientific sensation had there been direct sunlight on the Quicksilver when he saw it tied to the rocks below the Rowing Club sheds. You see, at 5:45 am on the 27th Jan 2009 the weather was partly cloudy/scattered clouds and more importantly it was in the pre-dawn period called ‘civil twilight’ – in other words it was 20 minutes before sunrise. No direct sunlight at 5:45 a.m., Peter.

  345. Dr Peter Lozo

    June 14, 2016 at 6:04 pm

    Steve,

    The visual pattern of luminol reaction  is on my bucket list – next in line in fact. No time now. Please be patient until early Aug. I wrote the last few posts last night in such a hurry whilst my mind was elsewhere so no doubt there are typos and grammatical errors. I did read your comment many months ago from last year about how difficult it is to clean a dinghy – good comment. I spotted something of interest to me in that luminol photograph and will analyse and write about it in August.

    Until August,

    Peter

  346. Steve

    June 14, 2016 at 12:07 pm

    349; No problem Peter. I can relate to being busy, although you still seem to be going strong on the other thread.
    With regard to my quote which you took out of context, forgivable in the circumstances, I would suggest that the persons you mention didn’t make any mention as it’d be an exercise in pointing out the “bleeding obvious”.
    We are not talking about a photo or a momentary glance. Paul Conde puttered past, 50m away, and had ample opportunity to observe from a variety of angles.
    While you are on your sabbatical, I was wondering if you could turn your thoughts to the question of how SNF cleaned all the blood off the dinghy?

  347. Dr Peter Lozo

    June 12, 2016 at 9:19 pm

    “A reasonably intelligent child of ten would be able to grasp the concept that colours appear darker in shade and that a white dinghy could appear grey under some light conditions.” 

    Great – common sense finally arrives on the doorstep of Neill-Fraser supporters! Why did this common sense escape a PhD qualified legal identity (Dr Moles), Psychology graduate (Eve Ash), law and science graduate (Barbara Etter), a former Professor of Psychology (John Biggs), and a barrister (Neill Fraser’s trial attorney)?

    I am busy but will come back after the next directions hearing.

    Best wishes,
    P.

  348. Garry Stannus

    June 12, 2016 at 5:48 pm

    …/
    Just in case the point needs further demonstration, let’s consider Peter’s #20 [ [Here] ]

    The only scientifically reasonable, impartial, intellectually honest, physically plausible and rational conclusion I reached…

    I would award that remark with a five star (∗∗∗∗∗) ‘Zinger’ rating. And in passing, lest Roger (#253) should feel unacknowledged, I would award him with a very creditable four star Zinger (∗∗∗∗), for his

    There is more to Goodwood than the slip-yard.

    I tell you what, that bloody hypothetical chewy of Peter’s ‘s-been tramped all over the town: First at Montrose, or maybe it was New Town or maybe it was both, then it was tramped up to a no-such-address at Mt Nelson. Then it hitched a boot-ride back down from the mountain … made it over to Sandy Bay and only then got ‘juicy-fruit’ squelched then tramped all across town to Goodwood mind you (or so a couple of us threadsters maintain), just to throw the fuzz off the scent, got aboard from the water side up at Goodwood but got straight back off – but ‘I didn’t inhale, your Honour’ – before disappearing into unknown parts.

    In all seriousness, we know the moment we get chewy on our boot. The surface area of the DNA deposit on the deck of the Four Winds (210 by 260 mm) is far greater in size than that of the average chewy, squashed, squelched or not.

  349. Garry Stannus

    June 12, 2016 at 5:46 pm

    …You see, some threadsters appear to believe that if they preface their remarks with … ‘In my expert opinion’, or ‘In my scientific analysis’ or ‘my careful scientific analysis’ or ‘rigorous examination’, ‘confidently’, ‘on scientific grounds’, ‘in my scientific view’ … they insinuate an authority of the sort designed to outrank those who would present ‘inexpert’ yet valid arguments. Not to put too fine a point on it, we’ve had a virtual conga-line of physicists and psychologists on these SN-F threads maintaining that ‘expert opinion’ should prevail over first-hand accounts such as those of Mr Conde.

    If anyone wishes to challenge my scientific arguments then I expect them to have a scientific background in the relevant area of science I am addressing.

    Sound familiar? What about…

    I can confidently, on scientific grounds, rule out Meaghan from being on-board the yacht. (#184 [Here] )

    See how it works? Don’t bother to specify the actual ‘scientific’ grounds, just ensure the word ‘scientific’ is included, and ‘confidently’ always goes down well… My favourite amongst these is of course ‘rigorous’. Just about your average scientist’s pet adjective, to be found in ‘all good science journal abstracts’.
    /…

  350. Steve

    June 11, 2016 at 10:00 pm

    “I don’t have any more free time to address your (and Garry’s) non-sense and naive arguments concerning visual perception and visual memory.”

    My word Peter, for someone without any free time, you certainly have been busy! Reading your comment, quoted above, lead me to wonder exactly what your objectives are? At no stage have I (or, I suspect, Garry) raised any argument against the basic premise of your “visual perception” hypothesis. A reasonably intelligent child of ten would be able to grasp the concept that colours appear darker in shade and that a white dinghy could appear grey under some light conditions.
    Your other contention that witnesses can be mistaken is also accepted. What I do not accept is the leap of faith that takes you from “this could happen” to “this did happen”. Misrepresenting an opponent’s argument is a common, and somewhat cheap, debating trick. As you were able to remain in school long enough to gain a Phd, I assume that you are of at least average intelligence and understanding, therefore I am forced to conclude that your continual misrepresentation of the issue is policy, not ignorance. Hence my confusion as to your objectives. The normal condition for a scientist is an open mind and a desire for truth.
    Moving on to your more recent contributions just increases my confusion. You’re back on to the chewing gum again? Some posts back, you carefully explained what happens when a piece of chewing gum is trodden on and how the saliva is splashed out in microscopic droplets. You even ask us to “take the word of a physicist..” Really? Chewing gum gets squashed flat when it’s trodden on? Again, a no brainer. Where this “good hypothesis” falls down is that it’s founded on exactly what?
    There is no evidence any chewing gum is involved, apart from your own suggestion. No evidence MV chewed gum. No explanation as to why, assuming she did chew gum, she’d have spat out a fresh and juicy piece, impregnated with saliva. No explanation as to how this juicy chewing gum remained on someone’s foot, in it’s pristine and juicy state, all the way from it’s source to the Four Winds. No explanation as to why the DNA could not have come directly from the obvious source.
    Your whole chewing gum hypothesis is unsupported speculation. The only evidence you have to base it on is the discovery of unexplained DNA, most likely primary source DNA, on the yacht. You have then embarked on the most classic example of ad-hoc speculation that I have seen in many a day.
    Again I have to wonder as to your objectives. Is it as simple as self aggrandisement? Perhaps you fancy a trip to Tassie as an expert witness? Seems a bit strange to me. Why does a scientist persist in such un-scientific speculation and then try to use “I’m a physicist” to put lipstick on the pig?

  351. Garry Stannus

    June 11, 2016 at 8:20 pm

    …/
    So at 3:55pm that day, the Four Winds was facing SE. Where was the sun at that time? That too can be easily answered: from the point at which the Four Winds was anchored, the sun was at (a compass bearing of) 300 degrees, that is, between WNW and NW itself. In other words, the sun was almost astern, some 15 degrees at most, to starboard of the stern. Check it out at ‘SunCalc’ [Sun position: Here]. The mast shadows were running forward, along the Four Winds deck – not at 90 degrees across its deck.

    And yet, what I’ve just written presumes that the sun was actually shining. Yet we know from ‘Weather Underground’, that immediately before, during and after 3:55 pm on that day, the weather was ‘mostly cloudy’. Not a light haze as has been suggested, not some conjectured weakened morning sun that ‘could’ still cast an afternoon shadow, but a … mostly cloudy sky. Here is the photo [Here] taken just after midday, of Sue Neill-Fraser by Bob Chappel’s sister on the day of Mr Chappel’s disappearance, some three and a half hours before Mr Conde’s advent. According to one threadster, this photo was taken on the morning of that 2009 Australia Day. That particular threadster then made

    an educated  projection from that photo to conclude that since it was a light cloud coverage that the condition wouldn’t have changed much by 4pm other than the position  of the sun  + wind).”

    Yep, there we have it … another one of those ‘would have/wouldn’t have’… speculations called an ‘educated projection’.
    /…

  352. Garry Stannus

    June 11, 2016 at 8:19 pm

    Steve (#322): Your “A witness’s eyes are connected to a human brain capable of making allowances for ambient conditions.” put the matter well. One only has to look at the photo of the white Quicksilver dinghy to see the various shades of white created by the shadows. Our eyes receive light from primary and secondary (reflected etc) sources, and based on our experiences, our brains interpret the incoming data and we see both difference and underlying uniformity, where they exist. The Quicksilver is white, and we can assess ‘instinctively’ the variations of shade and sunlight on different parts of that dinghy.

    We all know shadows and we don’t need to deconstruct a ‘context theory of perception’ to recognise how such shadows lessen our ability to discern colour. Yet even so, for example, we know how shadows fall along straight lines, like a boundary line across a gully, indifferent of the surface. So, on irregular surfaces, like the walls and deck of a Quicksilver dinghy, we ‘see’ the shadow for what it is … our brains do the job and we recognise that the dinghy is white, even while the shaded white surfaces appear in various tones. We are practised in assessing/interpreting them.

    We also acknowledge Mr Conde’s long experience on the water. We know how far 50m metres is, we’ve done the practical tests. Yes, we can be tricked, by neighbouring colour, for example, and we can get things wrong, but even so, we can – and we do – get things right; and amongst the contrived arguments raised by those who seek to contradict Mr Conde’s evidence, there appear to exist only a bunch of ‘might have been’, ‘could have been’ and ‘would have been’ speculations … conjectures … hypotheticals – that is, a number of rather flimsy foundations, if you ask me.

    The lee-cloth seen by Mr Conde ‘could have been’ a shadow, we are told. And that shadow ‘might have fallen’ across the bow of the dinghy and in any case it ‘would have been’ indistinguishable from the rest of the dark grey dinghy. Let’s look at this ‘shadow across the bow’ shibboleth. The alignment of the Four Winds was given in evidence by Mr Conde and by ‘P 36” as SE. This is supported by the wind data for 3:55pm for that day (SSE) [Weather Underground: Here] ] and also by the tidal information: an incoming tide in a NW-SE aligned river estuary – [Here].
    /…

  353. Garry Stannus

    June 11, 2016 at 1:06 pm

    …/
    And while I’m at it, I should mention that many of us whom you seem to include amongst the set of SN-F supporters are in fact supporters of Justice for Tasmanians, and we think that the interests of all Tasmanians would have been better served had the trial of SN-F been conducted fairly.

    A number of us, here on this thread and on companion threads, have made this point on various occasions. I certainly have and I have tried to remain loyal, not to the mob and its mentality, but to informed truth, as much as I can discern it of it. Please forgive a momentary digression inspired by your ‘mob mentality’ remark…

    “Odi profanum vulgus et arceo”… timeless words from Horace, some of whose songs I translated just on 50 years ago. Loosely rendered: “I hate the common mob, and I avoid it”. I found in his writings much richness, and some perennial truths. Where he would construct a monument ‘more lasting than brass’ (i.e., his poems/carmina) I would follow, fashioning true things in my own – perhaps muddled – way, hoping somehow that I was following in his footsteps.

    In my own defence let me recall my #13 “I am concerned that the ‘there-is-no-evidence-to-support-the-secondary-transfer-of-DNA-hypothesis’ statement is being used to claim some sort of de facto proof that the DNA was deposited directly.” and my #93 in which I wrote:

    From the limited parts of the VicPolForensics report that are available to me, I feel that: 
    1 the report suggests that it is more likely that the DNA in question came from a primary rather than from a secondary deposit.  In other words, it is more likely than not that Meaghan Vass was actually on the yacht.
    2 the report does not exclude the possibility of secondary transfer.  In other words, in spite of (1), the report holds that it still could be true that Vass was not herself on the yacht even though her DNA was.
    3 Andrew Urban was not entitled to claim that the report confirmed that DNA found on the yacht was “of primary transfer in nature, contradicting the evidence she gave at trial saying she had never been on the boat.”
    4 the ‘SNF supporters camp’ has now lost some credibility.  If they were to release the report in its entirety, I would have an opportunity to ‘judge for myself’ whether Andrew’s ‘primary transfer’ claim is correct or not.
    In spite of this, and regardless of the primary or secondary nature of the DNA sample, I believe that the judge’s refusal to require Vass to return to the witness stand created a miscarriage of justice.

    That was my view in Oct 2014 and my present view is probably much the same. I stress again that I have not ever seen the VPFSD Report so I don’t think I’ve ever felt able to make definitive pronouncements about it. Sometimes when reading some of the comments on TT, I get the impression from the way they write, that others have seen it. (and here I’m not referring to Eve Ash, Barbara Etter, Bob Moles or Andrew Urban). I will be very interested when the matter returns to court to see what further information we learn about that Report.

  354. Garry Stannus

    June 11, 2016 at 1:03 pm

    Glenda (#333): it was a fair question that I asked of you, whether in fact you were or were not Peter writing under a pseudonym. Such things have happened before on TT, and thank you for answering my question. Steve (#329) had put the same question to Peter, yet even before his question I’d been wondering the same thing, due to both your and Peter’s near identical recent styles in layout and formatting (large spacing of paragraph breaks, use of both bold and italicised formatting for the same text etc.) In my opinion, Peter ‘overdoes it’ with his bold formatting and it seems to me that in place of ‘THE SHOUTING’ that he once used to achieve with caps., he has found a newer version of The Shouting – Mark II with bold italics.

    Here’s a short response to your “Why you and your fellow Neill-Fraser supporters don’t wish to accept the known facts about human vision is of interest to behavioural psychologists who study the ‘mob mentality’.”

    Glenda, in your #328 you quoted Geraldine’s #31. I presume that it was out of consideration for MV that you deleted MV’s full name from Geraldine’s comment and replaced it with “…”, rather than “[ … ]”. It’s a small point to make Glenda, but it would have been better if you’d use square brackets around the ellipsis. That’s the convention used to inform the reader that some text is not displayed. Furthermore, you did not include the last sentence from Geraldine’s #31 quote: “See Analysis of Court transcripts etc.” I wonder if you perhaps did not judge it important, however, that sentence enabled me to search beyond the now-no-longer operative link which was provided nearly two years ago by Geraldine.

    Of course, I first checked the BEtter link that Geraldine (a good friend of mine) had supplied (with her #31) but, as mentioned, it no longer seems to work. This could be for a number of reasons, the first one that comes to mind is that Barbara has rendered a number of links inactive so as not to place herself (/her client) in contempt of court, while the new appeal matter is in train/before the court – but that is only speculation on my part and probably as reliable as my next tip for the Melbourne Cup.

    Or perhaps the link has been withdrawn because its text did not contain the words “more than likely” a three-word absence, which with respect, Glenda, you seem to be using to reflect on Geraldine’s – and mine too – trustworthiness. It is in effect, a claim that Geraldine has ‘deleted’ these three words from her quote. I’m not disputing that your “more than likely” version did exist, but I find it difficult to accept the premise/slur contained within your Can one trust [an] SN-F supporter who misquotes SN-F’s solicitor? conclusion.

    So, of course my short answer to your rhetorical question, is ‘Yes, I trust this particular person, Geraldine, and I trust her answer.’ Show me otherwise! You quoted a variant text, without a citation or a link. Was it from the same or from a similar source that you have quoted? I went looking, as I’ve mentioned, however the link provided by Geraldine to a BEtter source is now inactive; I did find the following [Here] (which, being a heading, was capitalised – nevertheless, I’ve put it into lower case with a dash of Caps and served in a tumbler of blockquote):

    Analysis of Supreme Court Trial, Court of Criminal Appeal Submissions and Decision and High Court Application for Special Leave to Appeal in Relation to the Homeless Girl’s DNA, Particularly the Crown Case, in Light of the Recent Expert Opinion that the Sample was Directly Deposited and not Transferred.

    /…

  355. Dr Peter Lozo

    June 11, 2016 at 10:53 am

    Cont…

    It was written in #285:

    “having boarded the Four Winds, on the port side, having hopped left-footed or crawled on hands and knees across the superstructure from the port gateway to the starboard walkway, and there either got off or removed the chewy/saliva from the shoe, which according to Peter,..

     

    Now that I have identified a platform (a boat) from which a few people boarded the yacht via its starboard entrance gate; the date and location (Sandy Bay, 27th Jan); and a list of people (several police officers, forensics people, and Mr Balding) there is no need for the DNA to have been carried on-board by a person hopping left-footed or crawling on hands and knees across the superstructure from the port gateway to the starboard walkway!

    The orientation of the yacht with respect to the two houses on the Napoleon St, combined with the sunlight on the starboard side, suggests that the sun is shining from the west. Hence it is well after early morning, probably after midday.

    Had I not proposed the Chewing Gum Hypothesis of Secondary Transfer of DNA it most probably wouldn’t have been in our conscious awareness to actively search for and notice that there was a boat tethered on the starboard side of Four Winds several hours after Bob’s disappearance. However, this does not necessarily mean that therefore that is where and how MV’s DNA got on-board. There isn’t sufficient information available at this time to make a conclusion on this. What one can do is interview all those who boarded the Four Winds yacht via its starboard entrance gate and ascertain what they did as they stepped onto the deck and where in Hobart did they come from on that day and how. Some of the places where a freshly chewed and discarded chewing gum could be picked up is at petrol stations, footpaths next to shops, hotels, etc. One cannot even be certain that it was a chewing gum. But we have a good hypothesis.

  356. Dr Peter Lozo

    June 8, 2016 at 4:48 pm

    Cont..

    What we conclude so far is:

    1. Whether or not it was the Marine Police boat or Mr Balding’s boat we see in that scene at 04:17, we have video proof (and Mr Balding’s statement) that there was a suitable platform (a boat rather than a dinghy or a jetty) that was tethered to the starboard side of the Four Winds yacht next to its starboard entrance gate on the 27th Jan from which at least two people (a police officer and Mr Balding) would have boarded the Four Winds via its starboard entrance gate and thus could have brought MV’s DNA onto the deck.

    2. The Marine Police boat shown at 04:18 is much larger. We do not know from which side of the yacht the marine police officers and the forensics people boarded the yacht.

    3. This evidence thus increases the likelihood of MV’s DNA being brought on-board the Four Winds on the morning of 27th at Sandy Bay (rather than in the Constitution Dock or in Goodwood) by either a police officer, a forensic scientist or by Mr Balding.

    4. Based on the research by Garry Stannus, it is unlikely that the Four Winds was moored at its starboard side in the Consitutionn Dock or in Goodwood.

  357. Dr Peter Lozo

    June 8, 2016 at 2:06 pm

    Further to my last post:

     Using the google satellite map and the background scene shown in the mentioned scene, I believe that the two houses shown in the top left part of the scene are 68 and 66 Napoleon St. The house at 68 (the left house) has a square looking frontage facing the river (as in the scene) whilst the house at 66 has a red roof (as in the scene). These is a pretty good match between the satellite image and the scene shown in the video footage.

    Therefore the Four Winds is at it mooring in Sandy Bay.

    As for the first police officer to board the yacht:

     Pg 476: “and we spoke to a gentleman and Constable Stockdale arranged to get a lift out there in his dinghy.”

    Other police officers (Marine Police) who arrived later that morning also boarded the yacht. This is when the boarding onto the Four Winds yacht might have been via the boat we can see tethered to the yacht. 

    259/20

    “In relation to the police officers that arrived with the forensics, with Constable Lawler, was skipper Craig Jackman.” This suggests that the Marine Police arrived on their own boat and that their boat is most probably the boat we see tethered to the starboard side of the Four Winds yacht.

    Thus, we potentially have the forensic people and several police officer boarding the yacht via its starboard entrance gate in Sandy Bay.

    From the shown perspective, the bow is sitting well above the water. When one compares this scene with other scenes of the same yacht, it does appear in this scene to be lower in water than in images taken before the 27th. Hence this scene was most likely shot before the water was pumped out.

  358. Dr Peter Lozo

    June 8, 2016 at 11:51 am

    Do you recognise the land features?

    If this is in Sandy Bay then it must be after the water was pumped out because the bow is well above the water level.  Therefore this is not when Mr Balding took a police officer to the partially submerged yacht early on the early morning of 27th.

    I would appreciate if you were to use a more respectful tone of language when communicating with me.

    If someone recognises the land features we can then approximately determine the time of day by the orientation of the boat and the direction of the sun.

  359. Garry Stannus

    June 7, 2016 at 11:47 pm

    Streuth, Peter (#336): Your bran-new-fact (being boarded on the starboard side) has been there in the trial transcript all this time, and only now you have seen it? So now you’ve noticed that Mr Balding took the policeman out to the Four Winds, and came alongside — to starboard — to let him get onto the yacht? And what about SN-F’s evidence that she earlier moored her dinghy to the starboard side? So she tramped MV’s chewy on as well?

    The Four Winds was moored both at Goodwood and at Constitution Dock with its port side to the jetty/pier. The DNA deposit — MV’s DNA deposit — was deposited on the starboard side, while the yacht was at Sandy Bay.

  360. Dr Peter Lozo

    June 7, 2016 at 8:01 pm

    How a police officer could have boarded the Four Winds yacht via the starboard entrance gate directly from a police boat

    Please watch the 60 Minutes program  Justice Overboard Part 1: August 24 2014: 

    http://www.9jumpin.com.au/show/60minutes/stories/2014/august/justice-overboard/ 

    Pause the video clip at exactly 04:17. You will see a boat tethered on the starboard side of the Four Winds yacht at about the location of the starboard entrance gate. It is most probably a police boat.

    In my previous comments about my Chewing Gum Hypothesis of Secondary Transfer of DNA, I left it unanswered as to whether the person boarded the Four Winds yacht from a dinghy or a jetty. Now that I have found the most likely platform (the police boat) from which the yacht could have been boarded by at least one person via the starboard side I think we can narrow down the date if we could recognise the locality.

    Does anyone recognise the background land features, i.e. is this in Sandy Bay or further north near Goodwood?

    It is thus a real physical possibility that some people (police officers) from that boat boarded the Four Winds yacht via the starboard entrance gate and brought on-board MV’s DNA.

  361. Dr Peter Lozo

    June 6, 2016 at 11:58 pm

    My preference has always been that people provide their full name and occupation. This may help the commentator, such as myself, to decide at what level to pitch an argument when responding to someone. It can also prevent problems such as when two people of the same first name make comments on the same thread. For example, several months ago I was asked whether I made a certain comment on Barbara Etter’s website about another case on which  I had already commented about under my full name but in contradiction to what another Peter stated after me (he didn’t provide his full name). 

    I also make sure that when I am making a strong scientific statement that then I sign off with my qualification after my name and the city where I live. That way the reader can google my name and verify my scientific credentials and the relevance of my scientific research experience to the subject I am commenting on. 

    #322 & #323 Steve on robotics and visual perception

    Whilst it is true that I have supervised and project managed robotics projects during the decade 1999-2009 (two at local universities in Adelaide and three within DSTO) I am actually South Australia’s (if not Australia’s) leading expert in the field of neural dynamics of visual perception and pattern/object recognition, and am still very active in theoretical and applied research in this field. What that means is that my research over the past 25 years has increasingly depended very much on the published experimental work of visual psyhophysicists, experimental  neuroscientists, as well on the theoretical and computational neuroscientists and their mathematical/computer models of various brain circuits (particularly that of Prof Stephen Grossberg, Boston University:

    https://en.m.wikipedia.org/wiki/Stephen_Grossberg; 

    http://cns.bu.edu/Profiles/Grossberg/).

    In fact, over the past 25 years I have extensively studied Prof Grossberg’s work and in the process have become the leading expert in this part of the world in the field of cortical circuits of visual perception and object recognition. Thus, my expertise is grounded in solid science and is very much about how biological visual systems (i.e. how the cortical neural circuits in the brain) work to perceive objects under different conditions. It just so happens that this knowledge led me to also lead research into the application of brain based models of object recognition to autonomously navigating robots (and other technological and engineering problems). So, in this instance I am using my expertise to explain perceptual misconceptions about the so called “The Grey Dinghy” issue.

  362. Dr Peter Lozo

    June 6, 2016 at 6:15 pm

    Glenda #328, #332 & #333

    Thanks for that. Good observation.

    I was actually initially misled by Geraldine’s post when I first started reading about this case in late March last year.

    In fact my very first post here (see #221) started with the following question:

    “Does anyone know the basis on which the Victoria Police Forensic Office (VPFO) concluded that the DNA was deposited directly onto the deck of the Four Winds by Ms Vass (the homeless girl)?”

    Garry Stannus responded by saying:

    “Peter Lozo (#221) appears to accept that the VPFO report concluded that “the DNA was deposited directly onto the deck of the Four Winds by the homeless girl)?””

    But Garry failed to inform me and the rest of the readers that Geraldine, via her post, misled the readers because she misquoted what Barbara Etter wrote on her own website. Good thing I later researched Barbara’s website.

    It is very interesting that Geraldine hasn’t corrected herself nor has anyone who wrote about MV’s DNA at that time (Eve Ash, Barbara Etter, Garry Stannus, Lynn Giddings, Rosemary, Steve, Andrew Urban,…)  pointed it out here, but the very same people (including Geraldine) have a tendency to pick out minor errors (spelling, grammar, etc) in the comments of other people who are perceived to be on the other side of the Neill-Fraser’s supporters.

    I also stated a year ago (in the same post):

    “I very much doubt that the science of DNA analysis has advanced to the stage where a forensic expert specialising in DNA analysis can to a sufficient level of confidence determine whether the transfer was primary or secondary.”

    The above statement is as valid now as it was then. The VPFSD report hasn’t provided anything of use but has fuelled a lot of activity and incorrect statements during late August 2015 by Neill-Fraser’s supporters. What Lynn Giddings submitted on various websites, at around that time following the 60 minutes program about Ms Vass and her DNA, reminds me very much of the public’s perception of Lyndy Chamberlain that was fuelled by silly journalists and an error from a forensic scientist. The public just couldn’t accept that a dingo took the baby. Neill-Fraser’s supporters just can’t accept the high likelihood that Ms Vass wasn’t responsible for leaving her DNA on the Four Winds yacht. Heck, they can’t even accept that the Four Winds dinghy was perceived to be a shade of grey by a majority of people who saw it and therefore they won’t accept the very strong possibility that it could have been the Four Winds dinghy that was spotted by Conde at 3:55 pm even though Sue Neill-Fraser conceded to the police that it could have been her on the yacht at 4 pm. I think that your statement about mob mentality is very relevant here.

  363. Glenda

    June 6, 2016 at 3:49 pm

    #331 Is Geelong the same as Adelaide? We do get the Women’s Weekly in Geelong! I first posted on this case in October last year when I read Mr Tim Ellis’ article. I have tertiary education in psychology so have been exposed to some aspects of visual perception and memory during my undergraduate days in Melb, but am not a scientist. What Dr Lozo is writing about with respect to contrast and its effect on how we perceive the lightness of an object’s colour is exactly what professors of psychology teach to undergraduate students about visual perception. Why you and your fellow Neill-Fraser supporters don’t wish to accept the known facts about human vision is of interest to behavioural psychologists who study the ‘mob mentality’.

    Glenda S.
    Geelong, Victoria

  364. Glenda

    June 6, 2016 at 11:54 am

    #329, #330 Your focus should be on learning something useful from the Catalyst program that Peter mentioned in #325. You might learn something useful.

  365. Garry Stannus

    June 6, 2016 at 11:12 am

    Well, Peter? What say you? Have you also been posting under the name of Glenda? And Glenda, are you Peter?

  366. William Boeder

    June 6, 2016 at 4:02 am

    It is my personal belief that the strategy and credibility of Dr Peter Lozo must now be reappraised toward his purpose and his intent to forge his own calculated and strongly asserted opinions.
    That Dr Peter Lozo can present himself as some kind of an expert when in fact he likely appears to present himself as some form or other of a quasi appointed arbiter, who can then ‘scoff at the opinions of others’ in regard to the ‘arguably non legible evidence and fact verdict’ (as had initially been handed down by this State’s judiciary) in this still critically unresolved case matter, is invalid.
    Thus I remain unconvinced that there is any whatsoever credibility in the asserted opinions of same.

  367. Steve

    June 6, 2016 at 12:44 am

    #328; So now Dr Peter is called Glenda?


    Editor’s note: Steve – thanks for raising the question. Peter: see point 5 in the TT code of conduct: http://oldtt.pixelkey.biz/index.php/pages/legalbits “5. One persona: Sometimes it is obvious that one person is creating multiple personas to submit comments. Sometimes this can be multiple personas on one thread to create the illusion that multiple people support one view. Sometimes one persona is used on one thread and another on a different thread. Where TT is aware that multiple personas have been used by one person, the comments will be deleted.”

  368. Glenda

    June 5, 2016 at 11:14 pm

    At #31 Geraldine Allen wrote:

    “FYI Steve, in case you have missed it, Barbara Etter APM 24 August 2014 blog post, headed: An Analysis of the Supreme Court Trial, the Court of Criminal Appeal Submissions and Decision and the High Court Application in relation to the … DNA Sample

    Barbara writes, Please see attached an analysis of the Court transcripts and decisions relevant to the consideration of the new and startling DNA evidence in the Sue Neill-Fraser case in light of the new expert report from Victoria which indicates that the relevant sample was directly transferred to the deck of the yacht, contrary to theories put by the Crown to each of the courts.”

    This is what Barbara Etter actually wrote:

    “Please see attached an analysis of the Court transcripts and decisions relevant to the consideration of the new and startling DNA evidence in the Sue Neill-Fraser case in light of the new expert report from Victoria which indicates that the relevant sample was more than likely directly transferred to the deck of the yacht, contrary to theories put by the Crown to each of the courts.”

    So now we have it. 

    Barbara Etter wrote 

    “the relevant sample was more than likely directly transferred”  

    but Geraldine Allen, who in her moral support of a fellow SN-F supporter (Steve) seems to be offering a rather sarcastic opinion of an expert in the field of visual perception for explaining why people perceived what they remember perceiving, misquoted Barbara and wrote:

    “the relevant sample was directly transferred” 

    Can one trust SN-F supporter who misquotes SN-F’s solicitor?

  369. Geraldine Allan

    June 5, 2016 at 6:00 pm

    Sensible thinking Steve #322/323.

    Firstly, full admiration to both you & Garry for tenacity, tolerance and realistic common sense. Clap, clap, and clap.

    You appear to me to exhibit sensible thinking, which includes some lateral thinking, but not to the extreme.

    Disagreeing with the opinion (#324) that “… your (and Garry’s) non-sense and naive arguments”, my observation is that certain comments appear to be based more on lateral thinking, whilst excluding any “sensible” and relevant factors that may knock around researched theories. My understanding is — a lateral thinker tends to explain a conundrum by indirect and novel approaches, usually through considering the question in another and atypical method, often creating new concepts by looking at the question in novel ways.

    Whilst strategic thinking can be an extremely effective and valuable tool, post Supreme Court trial and guilty conviction, is too late for that analysis style. In saying that Steve, I am not implying your rationale is not strategic; I write that in the context of “lateral” thinking processes used in numerous comments on the discussion subject.

    Whereas, it seems your approach is to stay with the evidence and what you know/experience, which is “sensible”. That is, you are not changing the factual witness evidence as the court/jury heard, and upon which this discussion arose. Thus, in attempting to overcome the issue by meeting the facts head-on, sensible will avoid attempting to rewrite the given evidence. Bypassing the facts through a different approach (lateral) is distracting, at best and at worst frustratingly annoying. Furthermore useless.

    Stay with the sensible approach, Steve. Not that you needed me to write that, as your posts appear to have that continuity! Your intermittent good sense writing revives my interest in what had become a circuitous, boring thread of discussion.

  370. Dr Peter Lozo

    June 5, 2016 at 11:37 am

    Cont…..

    Also see my #82 & #83 at

    http://oldtt.pixelkey.biz/index.php/article/tim-ellis-and-the-australian-womens-weekly-

    This is from #82:

    “I can go down to the beautiful city of Hobart (have been there on two previous occasions at UTAS) and demonstrate to Dr Moles, Mrs Etter, Ms Ash.. and the whole SNF group, and to your premier and the AG, that a quicksilver dingy (or any other dingy of similar paint colours) can be perceived to be white in one natural setting on water and yet can be perceived as being dark grey in another natural setting on water!”

    My offer still stands!

  371. Dr Peter Lozo

    June 5, 2016 at 11:33 am

    Seeing is believing  – the grey between black and white

    Here is a rather interesting and relevant example that emphasises my main point about visual perception and why the Four Winds dinghy will be perceived to be a shade of grey rather than white under some viewing conditions such as what faced Conde at 3:55 pm on 26th Jan 2009.

    The perceived shade of colour of an object does not only depend on the object’s true colour shade but also on the illumination of the background! 

    The human visual system uses the difference between the two (the light intensity coming from the object and the light intensity coming from the background; actually the contrast between the two) in order to generate an internal visual perceptual representation of the object’s colour shade (light-grey, mid-grey or dark-grey; light blue, mid blue or dark blue; etc) which will vary across different contexts.

    See

    http://www.abc.net.au/catalyst/stories/s1895225.htm

    In the two images shown in the above referenced website, the four circular disks in the left image are exactly the same as the corresponding circular disks in the right image. The only difference between the two images is that the background is lighter in the left image compared to the background in the right image. What happens as a result of this difference in the background? Our visual percept of the four circular disks in the left image is that they are darker than our visual percept of the corresponding four circular disks in the right image!!!

    Visual perception thus depends on the contrast between an object and its background! Change the background then you will change the way the object appears! Change the context and you will change the way the object appears!

    I offered to go to Hobart to demonstrate this interesting principle of visual perception and also offered to demonstrate that a white dinghy of the same type and colour as the Four Winds dinghy will be perceived to be mid-range grey to dark grey under similar viewing daytime conditions that faced Conde but, so far, I haven’t had a reply from Eve Ash nor from Barbara Etter.

    See 

    http://www.oldtt.pixelkey.biz.au/index.php/article/i-would-be-delighted-to-take-a-trip-to-hobart-

  372. Dr Peter Lozo

    June 5, 2016 at 2:29 am

    Further to my #321

    In #321 I made a brief mention of some theoretical and computational modelling work I conducted to help me understand how biological vision systems recognise objects in cluttered and complex backgrounds under varying illumination conditions. I also mentioned that a decade later that work formed a foundation for an artificial vision system that my PhD student at that time (now Dr Quock Do) embedded in a mobile robot. Below I provide a link to a webpage that describes a patent on my early-mid 1990’s work. I also supervised another PhD student at that time (now a Dr Z. N) on a research project concerning the neural dynamics of visual perception. I thought to mention this so that it helps some sceptics appreciate my expertise in the field of biological visual perception and object recognition (and its application in technology, as well as its application here to explain the misconceptions about the eyewitness statements concerning the grey dinghy issue).

    http://www.google.com/patents/WO1997004400A1?cl=en

    #322 Steve

    I don’t have any more free time to address your (and Garry’s) non-sense and naive arguments concerning visual perception and visual memory. As for the DNA transfer: similarly, I don’t have any more free time to respond to your limited and uninformed analysis of this so I suggest that you read my #445 at http://oldtt.pixelkey.biz/index.php/article/tim-ellis-and-the-australian-womens-weekly-

    Cheers, 
    Peter

  373. Steve

    June 4, 2016 at 10:49 pm

    #321; Ah-ha, I think I see the problem. You are considering the viewing of the dinghy in the light of your previous research work, whilst I’m considering it from the point of view of a witness passing by a moored yacht and viewing a dinghy.
    A few comments back you suggested that my use of a galvanised pole was invalid, I would suggest that considering the situation from the coldly practical view of robotic vision is also incorrect. You have to factor in the human observer.
    A serious car buff will identify a car by year, make, model, optional upgrades and after market accessories; and that after only a passing glance! A non-car person will possibly get the colour right.
    My business takes me about a bit and I’m often in hire cars. I can’t tell one from the other, even though I’m driving them. If it wasn’t for the lights that flash when you unlock them, I’d lose them all the time and yet I meet people who interrogate me as to how I liked that particular model.
    Likewise with boats. A witness states an opinion on a dinghy. If he’s experienced around boats, it’s very likely his observations are accurate, regardless of the light conditions. If it’s someone walking the dog whose last maritime experience was on the Devil Cat in 1998, the information should be judged on it’s merits.

  374. Steve

    June 4, 2016 at 3:52 pm

    Peter, I’m somewhat bemused by your approach. You lean on your scientific training but you seem to persist with the same logical fallacy. Because all cats are grey at night, it does not follow that any cat seen at night is not grey. Grey cats also look grey at night!
    Refer back to Garry’s detailed comment at #284. The witness, who is giving sworn evidence, seems quite firm. You cannot discount his evidence by a desktop assessment showing that the dinghy would have appeared darker under the conditions he viewed it.
    He might well be mistaken, but he might well be 100% accurate. He stated the colour, he did not say “it was difficult to make out because the sun was in my eyes”. A witness’s eyes are connected to a human brain capable of making allowances for ambient conditions. The only way you could disprove the evidence is to replicate the situation, with the same witness and a variety of different dinghies. If he could not discern the difference, you would then be justified to claim he was most likely mistaken although, even then, you could not claim to have positively proved he was wrong. You would have simply discredited the value of his evidence.
    With regard to my alternate theory at #306, there is supporting evidence. A reasonable patch of primary DNA that should not have been there, and a dinghy tied up to the yacht that again should not have been there. It’s also not an unlikely scenario. There are two problems with keeping a boat on moorings; seagulls and thieves. One leaves stuff behind, the other takes stuff away but they are both major nuisances. I have twice been on board a boat, with no dinghy visible, and had that boat boarded. No dinghy and an open hatch is an invitation.
    You must realise that whilst you may choose not to comment on the legal aspects of the case, you can’t ignore it as that’s the principle point of discussion.
    SNF was found guilty of pre-meditated murder. That means the prosecution alleged that she sat down and planned it all out before hand. Who in their right mind would plan such a mess?
    Anyone with any boating experience would know that you cannot be guaranteed privacy on moorings. At any moment, some fisherman with a powerful spotlight can motor past. Bit embarrassing if you’re in the process of lowering a dead body over the side of your yacht and yet that’s exactly what the prosecution maintained was planned and carried out?!
    The list of unlikely events is quite extensive. Viewed individually they are just plausible but, as a physicist, you would know your probability theory and what happens when you combine improbabilities.
    How many unlikely events are there in my alternate scenario?

  375. Dr Peter Lozo

    June 4, 2016 at 3:36 pm

    Further to my #320 on automatic gain control in vision (and applications in technology)

    Unlike in a camera where the adjustment of the shutter speed (or the aperture diameter) has an effect on the quality of the whole photograph, the automatic gain control in the human visual system is at a cellular level. That is, each cell that looks at its own tiny fraction of the total field of view of light that is coming from the eye has its own local automatic gain control. What this means is that each local automatic gain control works on small fractions of the visual scene rather than there being a single adjustment for the whole scene. Hence why the biological vision systems are more robust under varying illumination conditions than a camera. Thus although the yacht would appear to a human observer to be dark it wouldn’t appear as dark as in the photo but somewhere in between.

    On a related matter

    I supervised a research project at the University of South Australia in early 2000’s where we had to develop an artificial vision system for a mobile robot that was required to recognise objects under different illumination conditions (indoors as well as outdoor on sunny and cloudy days, and against other clutter in a scene).See 
    http://w3.unisa.edu.au/studentsatunisa/2006/April/mainstory.asp.

    The vision system was based on some theoretical and computational work I did a decade earlier to understand how biological vision systems recognise objects in cluttered backgrounds and under varying illumination conditions.

    Thus my expertise is very relevant to the comments I made about the grey dinghy issue in this case.

  376. Dr Peter Lozo

    June 3, 2016 at 12:21 pm

    The photograph of the partially submerged Four Winds yacht

    I refer the readers to the following photograph of the partially submerged Four Winds yacht taken shortly after it was boarded by the police on early morning of the 27th January 2009 – the still photograph appears in the 18 -20 second time period of the following video clip from Eve Ash:

    http://7dimensions.com.au/index.cfm?fuseaction=ses.Shadow_of_Doubt_Streaming

    The sunrise on 27th Jan 2009 was at around 6:06 am. It can be seen in the photograph that the sun is shining on the water but is on the opposite side of the yacht that is facing the camera. Thus even though it is clearly a daybreak with the sun shining, the side of the yacht (the portside) that is facing the camera appears to be very dark (black) even though (in the physical reality) the yacht is white and has a high reflectance.

    It can be inferred from this photo that there is too much light directed towards the lens of the camera from areas beyond the yacht and that the automatic gain control in the camera (or a manual action by the camera operator) readjusted the shutter speed (or the aperture diameter) in order to reduce the amount of total light entering the camera optics. This adjustment also reduced the amount of  light entering the camera that is reflected from the yacht and hence why the side of the yacht that we see in the photograph appears dark. 

    Although the human visual system works in a different way to a camera it also has an automatic gain control that enables the visual cortex to respond only to contrast rather than the absolute amount of light. The perceptual system of the observer located at the same vantage point as the camera would perceive the yacht to be dark. But if the observer (or the camera) was positioned far left so that the amount of sunlight (direct and that reflected from the water) entering the eye (or the optics of the camera) is reduced then the yacht would appear to be lighter in colour. If the sun was behind the observer (or the camera) then the yacht would appear to be white.

    Conclusions

    1. I think that the above mentioned photograph, combined with my brief explanation, ought to convince the readers that my year long argument that the Four Winds dinghy will be perceived to be grey (most probably mid-range grey to dark grey rather than white to light grey ) when viewed under similar conditions as what faced Paul Conde and the other other eyewitnesses at 3:55 pm and at 5:00 pm on the Australia Day 2009.

    2. I therefore conclude that the dinghy that was sighted at 3:55 pm by Conde is most likely the same dinghy that was sighted by another group at 5 pm. I further conclude (on the evidence of another eyewitness) that this dinghy is the same light coloured motorised dinghy that was seen leaving the location of the Four Winds yacht at between 7:45 – 8:30 pm with one person on-board and heading in the general direction of the yacht club.

  377. Dr Peter Lozo

    June 1, 2016 at 6:54 am

    #315 “Given the circumstantial nature of the case, it is necessary to provide solid reasons as to why my alternate explanation is impossible, otherwise we jump back numerous posts to where this current discussion started,..”

    Not strictly true! Only “reasonable alternate possibilities” need to have been discounted by the prosecution. You (and many supporters of Neill-Fraser) seem to think that any possible alternate scenario one can think off needs to be discounted with solid reasons. There is no evidence to support your scenario so there is no need for anyone to attempt to go further. Why do you think it was a borrowed dinghy? Why do you think it was a dark grey dinghy?

    I see that you are stuck on believing that there was a dark grey dinghy that was seen. You obviously aren’t getting the point that that dinghy must have in physical reality been much lighter in colour but it appeared to be mid-range to dark grey only because of the viewing conditions and the geometry. Thus I have already destroyed your scenario!  Had the dinghy been dark grey in the physical reality then in the perceptual reality of the observer the dinghy would have appeared to be black under the viewing conditions and the geometry that faced Conde and the other eyewitnesses at 3:55 pm and at 5 pm!

    Had the Four Winds yacht not been in the direct path between the sun and the dinghy and had the observer looked at that dinghy from Napoleon St or the Marieville Esplanade at 3:55 pm then that dinghy would have appeared to that observer to be light grey rather than dark grey. Therefore the mysterious grey dinghy in the Neill-Fraser case is in physical reality a light coloured dinghy whose pigment in the  dye of the material out of which the dinghy is made causes it not to have a very high reflectance, certainly not as high as the reflectance of the Four Winds yacht. End of mystery!!

    The lesson is:

    The visual perceptual reality in someone’s visual brain doesn’t  always correspond to the physical reality. The intensity of light illumination on an object, the reflectance from the object, any shadows, and the observer’s viewing perspective with respect to the light source can distort the person’s visual percept of the object’s true colour, shape and size.

  378. Dr Peter Lozo

    June 1, 2016 at 4:02 am

    #315-#316  “My interest in this case is that it offends my common sense, my sense of justice and more than anything else, my sense of fair play”.

    If the above sentence truly describes you and your interest in this case then please apply the same “common sense” the same “sense of justice” and the same “sense of fair play” to the person who during the trial was 15; was homeless; lived in various places such that there were times when her whereabouts were unknown for a few days at a time; an under-developed, troubled and destitute 15 year old child who was interviewed by the police about her whereabouts more than a year after Bob Chappell’s disappearance but was expected by Neill-Fraser’s then defence attorney (and Neill-Fraser’s former and current supporters such as Lynn Giddings, Garry Stannus, Eve Ash, ..) to recall where she was on the night Bob Chappell disappeared from his yacht!!!

    I have gone into this case far deeper than you seem to have (based on your demonstrated very limited analytical nature of comments, with the exception of the buoyancy of the fire extinguisher with which I mostly agree). It is a shame that you think that anything of significance has eluded me just because my view differs from your view and the general view of Neill-Fraser’s supporters. 

    I realised the very sad state of unfair and dirty play by Neill-Fraser’s supporter’s pretty soon after I started researching this case in late March 2015. I made a comment about it (post #149 at 
    http://oldtt.pixelkey.biz/index.php/article/an-unscientific-reading-of-the-case#sthash.viTurL6i.dpuf):

    “I will then follow up with my promise to use science of how visual memories are acquired, consolidated and recalled in order to expose significant short-sightedness of some people who expect more honesty and better memory recall and reliability from a young homeless teenager of events 12+ months in her past than they do from a financially secure middle aged woman about events in her life that were a day old! I find this rather odd.”

    To which someone responded by saying:

    “Dr Lozo 

    Thankyou for your comments and voice of reason. It is about time that somebody applied some science and reason to the debate.”

    I have indeed provided a very detailed and rational analysis of the case and have given reasons why I agreed with the jury decision of ‘guilty’. You do not appear to have read my numerous comments on this case during 2015 on several other TT threads to have realised the depth of my analysis concerning this case and how and why I reached my conclusion. I purposefully chose to comment only on those aspects of the case on which I felt I could comment on intelligently given the nature of my scientific education, training and professional work experience. Thus I chose not to comment on the legal aspects of the case.

    ps: yes there is a typo in my earlier post (should have been ‘drawn’ instead of ‘drown’). Thanks for picking it out.

     

  379. Geraldine Allan

    May 30, 2016 at 10:37 pm

    #315, Steve, a violation has occurred.

    My understanding of the “V” word is when someone is unjustly harmed.

    The Tasmanian [in]justice system is violation-skilled. In my view, deliberately/strategically denying any citizen a fair trial is to unjustly harm that person. It happens.

  380. Steve

    May 30, 2016 at 10:13 pm

    #314; The joke is on the person in gaol. I find it a bit sad that that point eludes you.

  381. Steve

    May 30, 2016 at 10:02 pm

    #313; Let’s look at this a different way Peter.

    Currently SNF is languishing in gaol. She was found guilty on approximately the same basis that William suggests in #312. Actually, probably on a sightly more dodgy basis than a pointed bone, as bone pointing had a lot of other factors involved.

    SNF was found guilty in a case where there was no body, no weapon, no serious motive and no solid evidence. Discounting the eloquence of Tim Ellis, there really wasn’t any case at all and this is where it gets interesting.

    Tim Ellis did his job very well. Normally lack of evidence is a defect in a case. Tim Ellis turned this into a virtue. With a little bit of naive help from the judge, he established a situation where, due to the lack of evidence, the jury simply had to decide whether SNF was guilty without having to consider any facts.

    The defence was caught flat-footed. Normally, the prosecution brings forward evidence, the defence tears it apart. Subtly, the situation was reversed; the defence now had to prove innocence.

    You have stated many times that you believe SNF to be guilty. I have never stated an opinion on this. I do not know. I would need a much more in-depth involvement to be in a position to venture an opinion. My interest in this case is that it offends my common sense, my sense of justice and more than anything else, my sense of fair play.

    In this sort of case, I’d be far more comfortable to think that someone committed murder and got away with it, than I am to think that someone is imprisoned for something they didn’t do. In general our justice system is in sympathy with thi