Thursday, August 8, 2019

Simmons

Andrew Simmons lived across the road from Seascape in Tasmania. After the Port Arthur massacre, he was interviewed by the police and his witness statement is linked here:

Here's the essentials:

I know it was prior to 11am, I was in my front yard with my wife. It was very still on the day. I heard very clearly two shots ring out. They sounded as though it may have come from a rifle about the calibre of .22. The direction it came from was from the area of Seascape.

Police say that was Martin Bryant committing his first murders of the day. Here's what the prosecution said in the "trial" of Martin Bryant, Page 64 of the court transcript:

The Crown case is that in that intervening time, that is, between 11.45 and 12.40, Martin Bryant shot and killed Mr. & Mrs. Martin. 

See, the problem with the whole case is that Martin has an alibi for his travels on the day. He was served $15 petrol about 10.45am by Chris Hammond at Taranna. His witness statement:

At around 10.30 am to 10.45 am a yellowy coloured Volvo came into the store car park for fuel. This vehicle was being driven by a male person. There were no other occupants in the vehicle. I did notice that the vehicle had a surf board on the roof. I would describe the male driving the vehicle as having long hair, as far as the colour of his hair goes I didn’t take any notice of what he was wearing, however he appeared to be quite tall and slim. This male got out of the Volvo and asked me for fifteen dollars worth of petrol. I put the petrol in and he paid me with a ten and five dollar note, after which he headed off in the direction of Port Arthur. I don’t think he had a wallet as all I saw was him pulling out the fifteen dollars from his trouser pocket.

Now, while Chris says the man (most likely to be Martin Bryant and not a body double, since this statement confirms Martin’s own testimony in the prison interview) drove off in the direction of Port Arthur, this is simply indicating South on the Arthur Highway. If Martin soon afterwards turned right onto Nubeena Road (as he said in his testimony), then Chris would not have seen that part of the journey - particularly if he was busy serving other customers. Hammond’s witness statement does not conclusively support the crown case.



So by 11am, Martin was nowhere near Seascape. He couldn’t possibly have shot David & Sally Martin as alleged by the prosecution. He continued his counter-clockwise journey to Nubeena, Roaring Beach, then past Port Arthur. Taranna to Roaring Beach is about 30 minutes drive.



After swimming nude for a short time in the cold water at Roaring Beach, Martin says he went back to Nubeena and got a coffee and toasted sandwich at the shop near the school. It’s gone now, and my queries to the Historical society haven’t revealed anything about the operators. If they can confirm Martin was there about 12.15pm that Sunday, it proves Martin has an alibi.

Anyway, the above maps prove that Martin was nowhere near Seascape between 11.45 and 12.40pm. If Martin had retained a decent defence lawyer, Simmons’ testimony and the coffee/sandwich vendor would have proved that the Police had accused the wrong man.

The witness statements demand a Royal Commission into justice in Tasmania. Sue Neill Fraser’s case is the same - a tragic miscarriage of justice that deserves scrutiny. 




***
The 2nd Empty Chair is a fiction novel, based on the witness statements and court documents. Using poetic licence, it links the facts that we know into a plausible, possible narrative that 'pokes more holes in the official story than a Pastafarian's colander.'




































Saturday, June 29, 2019

Volvo

Martin Bryant drove a distinctive yellow Volvo 240 sedan, often with a surfboard strapped to the roof racks. The car is one of several strange vehicles associated with the Port Arthur Massacre.

Although not in the court documents, Mike Bingham’s book Suddenly One Sunday says that an unnamed witness saw him driving south at Eaglehawk neck, "bouncing around in the drivers seat as he moved to the music on the stereo".

About 10.45am, it was seen by Chris Hammond, who served him fifteen dollars petrol at the Taranna petrol station. He noted it was strange because the blonde man didn't appear to use a wallet - he pulled the notes out of his pants pocket. After that, everything becomes very confusing.

At the trial, the prosecutors allege Bryant drove south from Taranna to Seascape, shot David & Sally Martin between 11.00am and 12.00pm, then drove south, past the Port Arthur Historic Site to Roger Larner's farm. He allegedly spoke to Roger for a few minutes, then drove away north, back to Port Arthur where he shot up the cafe, abandoned his yellow Volvo at the toll booth, stole a gold BMW, kidnapped Glenn Pears and then took refuge inside Seascape. Shortly thereafter, the police set fire to the BMW, allegedly to prevent him using it to escape, and settled in for a siege. Here's what it looks like on the map:



The problem with this is the testimony of Andrew Simmons who heard the two shots quite clearly "prior to 11am." Chris Hammond served Martin at 10.45am at Taranna Petrol Station, so the prosecution timeline is not accurate at all. He was nowhere in the area when the shots were fired.

There are two conflicting rebuttal accounts, which overlap and contradict the official version, but not each other. These are from Martin Bryant himself, in the prison interview, and "Jamie", the hostage-taker who spoke to police negotiator Terry McCarthy on the phone from inside Seascape. Both accounts take a bit of reading and arrangement, because neither witness just tells the story straight, they tend to wander off on tangents, either of their own making or prompted by the police. Let's start with Martin himself:

Read the whole prison interview here.

Martin's conversation with the police wanders all over the place. You might need to read it through two or three times to process the sequence of events.

Martin woke up with Petra, had breakfast and a shower, before she allegedly left at 8.00am, allegedly to see her parents. Martin planned to go to Roaring Beach for a swim. He says he left about 11.00am, 'once it warmed up', however if you read the context, it appears he is talking about arriving at the beach about 11.00am. There's no way he could have been seen in so many places before 11.00am if he was still at home. What was he going to do for 3 hours, alone in the house?

In the trunk of the Volvo are his AR-15 rifle and a USAS-12 shotgun. Martin says he had never fired the shotgun, he was scared of the recoil and was afraid of a misfire. The AR15, he had fired at paper targets in the State Forest near Murdunna. He was afraid of the noise of the rifle as well, afraid the locals would call the police. There were still 8 or 9 rounds in the magazine. His third firearm, an AR10 in .308 was in Terry Hill's gun shop for repairs, because Martin had no idea what kind of ammunition it needed, and he had broken it.

The drive from New Town to Taranna is an hour and fifteen minutes, give or take. If Martin left shortly after Petra, then the timeline makes sense. Martin says he stopped for a coffee in Sorrell, so add ten minutes, round it off to an hour and a half, an hour forty-five. Say Martin started driving about or just before 9.00am (give him time to put the surfboard on the roof of the Volvo), that puts him at Taranna petrol station at 10.45am, right when Chris Hammond says he was there.



Volvo full of petrol, Martin then says he drove west to Nubeena and Roaring Beach - a 28 minute drive, arriving there about 11.15 - close enough to the time he says at the start.



It's autumn, in the Southern Ocean, so he doesn't swim for very long - the water is cold and he doesn't have a wetsuit or any swimmers - or a towel. A few minutes in the water, call it 11.30 and he is heading back to Nubeena for a toasted sandwich and a coffee at the shop near the school - 15 minutes drive back from the beach, call it 11.50am or 12.00pm and he is ordering a snack and coffee.



Ten minutes to have the food made and eaten, he is back on the road before 12.30pm. Martin says he didn't visit Roger Larner, hadn't seen him in years. He slows down as he passes the Port Arthur Historic site, good memories there of him as a kid, causing trouble, shoplifting, just kid stuff. But now things have changed, there's a toll booth and he has no money - he spent his last paper money on petrol and paid for the Nubeena food with coins from the glove box.

"I would've gone in if I didn't have to pay" he says. "But I didn't have the money." It's roughly 12.20pm, he drives past and heads north up the Arthur Highway.



Martin's testimony is a little confusing here. It's possible he stopped in to Seascape on the way north, but there was nobody home. It's also possible he drove past, only returning to Seascape in the BMW. Either way, a few minutes north of Port Arthur, he arrives at the turnoff to Fortescue Bay about 12.30pm.






This remote, wind-swept intersection is an easy landmark. Waiting for him here was a gold BMW, containing a man, his wife and a baby girl. The BMW belongs to Sidney Kenneth Nixon, but Nixon wasn't driving it. He had loaned the car to a friend, Jim Pollard. Jim was holidaying in Tasmania with an "old army buddy", Robert Salzmann and his wife, Helene.

Helene and Robert Salzmann

Jim Pollard
As Martin describes it, he decides to steal the BMW. He stops the Volvo, opens the boot and takes out the AR-15. He tells the man in the BMW, "I like your car, I want to take it", and gets all three out of the car, standing on the road. He bundles the man into the boot of the BMW, gets behind the wheel and drives in the direction it is pointing, south, back toward Seascape. He remembers skidding on some grass, getting out of the BMW to knock on the door of Seascape, but nobody was home. His next memory is "a vast explosion" and a fire which burned him badly. He was arrested by the police, tells Malcolm Scott that Petra was in the house, is operated on in hospital and then interviewed in prison. End of story. Either way, he has admitted to shooting nobody, and there is no evidence that he did.

When questioned by the police, Martin has no recollection of the cafe, the toll booth, the white corolla, where Glenn Pears was kidnapped and Zoe Hall killed.

Talking to police negotiator Terry McCarthy, "Jamie" tells a similar story, with added detail. The man's name is Rick, but Jamie persistently refuses to tell Terry what Rick's surname is, or that of his wife and child. Rick is 34, a lawyer from Melbourne, whose parents live in Tasmania. His wife is "high up in intelligence, higher than (Terry), university qualified." One interpretation of these phrases is that Rick's wife is a Government Intelligence officer, higher ranking than Terry. Another is that she is highly intelligent, smarter than Terry. It's difficult to know because Jamie seems intent on playing complex games with Terry, refusing to give straight answers and deliberately changing the subject, asking about the time or ending the conversation with promises to phone back.
Jamie says that the wife put the child in the yellow Volvo, and was last seen driving AWAY, toward Fortescue Bay.

Note the times all this was happening - between 12.00 and 1.00pm. In the prison interview, Martin knows the BMW caught fire and assumes he lit it, because he was the only one there. He has no idea that the BMW didn't catch fire until just before 2.00pm, and the fire which caused his burns didn't start until 7.30am the next morning. He has a gap that spans eighteen hours - hours which include someone who looks like him speaking to Roger Larner (who did not recognise him as Martin), shooting up the Broad Arrow Cafe (where eyewitnesses Michael Sargent and Graham Collyer describe the shooter as having "a squashed nose, like a boxer" and "a lot of acne, a pitted face." The shooter then killed more people in the car park, drove to the toll booth, killed Robert and Helene Salzmann, Rose Nixon and Jim Pollard, took the BMW they were in and drove to Seascape where the BMW was set alight by Sargeant Fogarty (allegedly to deny the shooter transport if he tried to escape, but also conveniently erasing any DNA evidence left in the seats or on the steering wheel).




In the photos, note how far away from Seascape the BMW is burned out. Martin says he skidded on some grass, but that he also got out and knocked on the door about. If he parked the car all the way down there, it's a VERY long skid.

This begs the question. If Martin left his Volvo with Rick's wife at the Fortescue Bay turnoff about 12.30pm, how did it get to Port Arthur, eventually abandoned at the Toll Booth? How did the BMW get from Seascape to to Toll Booth, carrying Jim Pollard, Rose Nixon and the Salzmanns?

Interestingly enough, Martin answers that question in his interview.

Q. Once again, lots of people are saying they saw you in the Broad Arrow Cafe on Sunday the 28th of April.
A. Mmm, that's untrue.
WARREN
Q. It's untrue is it?
A. Mmm.
Q. And why do you say that Martin?
A. Because I didn't, I drove straight past.
Q. So how do you account for the car being there?
A. That lady could've drove it down there. That one, the wife or girlfriend of the chap I took hostage 'cos I said to get into my, the Volvo.
WARREN
Q. Martin.
A. Mmm. Like I was telling you before, it's, it's true.

Okay, let's take a step back for context.
People who assume that Martin planned and executed the whole thing on his own, must admit that the police at Nubeena were decoyed away at the perfect time, by a fake drug stash tipoff at Saltwater River. When they arrived, Constables Hyland and Whittle found a jar of soap powder.
So, if Martin planned the whole thing on his own, he must have planted it there shortly before the massacre. A few days at most, to make sure no tourists stumbled across it and moved the decoy.
But Petra Wilmott says clearly that she was with Martin for the week before the massacre, including ANZAC Day. So either she was lying, or she was in on it. You can't have it both ways.
If Petra was an accomplice, then it's plausible that there were others. Martin's 66-IQ doesn't provide for the military style planning of this operation, nor the sequential head shots in the cafe, firing from the right hip when Martin is left handed. Prisoners who spent time with Martin, playing chess with him have testified that he is 'dumb, so dumb. Thinks he is all hot, but doesn't know how dumb he is.'

Given the questions above, is it too much to accept that Martin had help? By people with access to military planning, and the unpublished phone number for Nubeena Police Station? There was no internet back then, everyone relied on the Yellow Pages and White Pages, but Tasmania had recently moved to eight-digit telephone numbers, and the Nubeena station number had not yet been put into the latest edition of the White and Yellow Pages.

Here's a plausible alternative to the official version, based on the information above and the eyewitness accounts:

Martin is asked to participate in the kidnapping at Fortescue Bay. Maybe he was told he was acting in a movie, maybe he was doing something Petra asked as a favour. Either way, he takes the BMW with Rick in it to Seascape, where Petra is waiting. Rick's wife drives the Volvo, turning into the Fortescue Bay turnoff to do a 3-point-turn, but instead of driving to Fortescue Bay, she completes the U-Turn and arrives at Seascape after Martin has been drugged with something like Rohypnol or Scopolamine.
Both the BMW and the Volvo are now at Seascape, where witnesses see it and a blonde man acting rudely, encouraging them to leave in a hurry.
The blonde man then takes the Volvo, drives to Roger Larner's and chats with him about buying cattle (remember, Roger's witness statement says that Roger didn't recognise the person as Martin until they identified themselves). The blonde body double then drives to Port Arthur, pays cash to get into the site and parks near the water. At some point about now, the BMW containing Jim Pollard, Rose Nixon, Robert and Helene Salzmann arrives at the Toll Booth and does a U-Turn, parking in the "IN" lane and blocking incoming traffic.
The blonde man shoots up the cafe and car park, gets back in the Volvo and drives up to the Toll Booth where he rendevous with the BMW. Robert and Helene sit in the yellow car with the gunmna, talking to him as Nicholas Cheok and his mother arrive at the "IN" lane. Jim and Rose are in the BMW, making "shoo, shoo" motions with their hands as the blonde man and Robert get out of the yellow car and have an argument in the middle of the road. The blonde man walks around the car, takes out his rifle from the back seat (next to where Robert had been sitting), and shoots him in the chest. He then shoots Jim and Rose (in full view of Reba and Nicholas Cheok), drags Helene out of the Volvo and shoots her on the ground.
He then takes the BMW, drives out of the PAHS and onto the Arthur Highway, where Jim Laycock has stepped out of the Kodak shop at the gunshots from the toll booth area. He sees the execution of Zoe Hall and the abduction of Glenn Pears from 4 meters away. I'll let you read his witness statement for yourself, but here's the kicker:

On this Sunday the 28th April 1996, I did not recognise the male as Martin BRYANT. The
person I saw shooting appeared to be in the low twenties about 5’10 tall, it was impossible
to determine his build, (the coat was shapeless). His hair stood out, it was blonde, I thought it
was bleached blonde and possibly a female. His hair was shoulder length. His walking
appeared to be mannish.

So, here's the summary:
Three eyewitnesses, two of whom knew Martin Bryant, did not recognise the shooter as him. Jim Laycock and Roger Larner both knew Martin, and Graham Collyer in the cafe described someone different. Lying in hospital on the floor below Martin's guarded bed, Graham offered to go up and identify the man who shot him. Police refused this request.

The media immediately and illegally published photos of Martin as the killer, embedding him image into the witnesses and overriding their memories. Weeks later, one of the witnesses gave a statement to the police, describing the clothes of the photo in the paper, which were completely different to the gunman's attire.

How did the cars get moved around, if Martin left the BMW at Seascape, and his Volvo at the Fortescue Bay turnoff? Did the police ever interview the owners of the cafe at Nubeena, to see if Martin indeed bought a toasted sandwich and a coffee there? If not, why not?
What about the other vehicles at Port Arthur that day? There are questions around the Morgue truck, the similar yellow Volvo that was seen inside PAHS after the shootings, and the black van with government plates that parked outside the Broad Arrow Cafe for several hours, then disappeared.




This is why a Royal Commission is needed - to answer these questions and determine if a miscarriage of justice has occurred. There is reasonable doubt and zero DNA evidence that Martin Byrant was in the cafe.
The victims and their families deserve better than lies.
They deserve the truth and the closure that will follow.



***
The 2nd Empty Chair is a fiction novel, based on the witness statements and court documents. Using poetic licence, it links the facts that we know into a plausible, possible narrative that 'pokes more holes in the official story than a Pastafarian's colander.'



























Thursday, June 27, 2019

Rick

Rick is one of the most enigmatic minor characters in the whole Port Arthur saga – perhaps more so than Jim Pollard and the Salzmann couple. He is first introduced by ‘Jamie’ inside Seascape, when talking on the phone to police negotiator Terry McCarthy:

McCarthy: Now we only had a brief conversation before an and um I just want to clarify that everything that I got down before is right, alright
Jamie: Yes everything yep.
McCarthy: Okay, now there are three people in in the cottages with you or the cottage with you is that correct?
Jamie: That’s correct at the present yep.
McCarthy: At the present. Okay.
Jamie: Yep.
McCarthy: What do you mean by that?
Jamie: Oh except I should say uh meself aren’t you going to class me as a …… …..inaudible
McCarthy: Well, yeah I’m sorry I meant three persons other than yourself.
Jamie: Yeah
McCarthy: Arh and that’s Rick,
Jamie: Inaudible
McCarthy: Sally and David Martin who actually own the cottage. Is that correct?
Jamie: Yeah that’s correct.
McCarthy: Now you were talking just a little bit about the um Rick having come from Fortescue Bay. Can you just enlighten me as to what happened there?
Jamie: Yeah yeah, I got him and managed to get him his wife she he wanted to participate um in the kidnapping in instead of his wife, I thought alright quick
McCarthy: Cough (gunshot)
Jamie: get in get into the car and I’ve got him as a hostage.
McCarthy: Okay, okay now you were in you’re your car there were you?
Jamie: Yes.
McCarthy: Right. You’re in your car and you wha what pulled them up? They were driving along in a car is that correct?
Jamie: That’s correct.

This is completely different to eyewitness accounts of another kidnapping witnessed by Jim Laycock and others. The location is Fortescue Bay turnoff (about 1 km north of Seascape),

Next time Rick is mentioned is with the negotiation about who will be in the helicopter:

Jamie: If you can get this helicopter I’ll I’ll want a ride in a helicopter do you understand?
McCarthy: Well I can assure y
Jamie: I’ll be happy I’ll I’ll just want I’ll leave Sally I’ll I’ll want Sally to go with me and
McCarthy: Right.
Jamie: and let I’ll free the rest of the host
McCarthy: Wha what about Rick an um David?
Jamie: Um
McCarthy: What about Rick and David?
Jamie: Do you want me to take them instead?
McCarthy: Well, no, no you you’re going to leave those Rick and David behind are you?
Jamie: Yeah.
McCarthy: Right.
McCarthy: what if we can’t get you to Adelaide?
Jamie: Well the chap that I’ve got here um Rick he’s got um he’s from Melbourne so ah um I mean you could drop Rick off but
McCarthy: Uh hang on I thought you were going to leave Rick behind?
Jamie: What’s that?
McCarthy: I thought you were going to leave Rick behind?
Jamie: Ah.
McCarthy: So you’re only going to fly in the helicopter with Sally aren’t you?
Jamie: yeah but Rick wants to he Rick had twenty past oh 7 o’clock flight home you see tonight
McCarthy: Oh I see.
Jamie: with his wife and um I mean Rick has to get back to Melbourne.
McCarthy: Right well we’ll
Jamie: But er um he’s understand that I’m gonna phone his parents up
McCarthy: Right.
Jamie: In Lauderdale
McCarthy: How old how old is Rick?
Jamie: Lauderdale. Um Ricks 34.
McCarthy: Ricks 34. Did you say his parents are in Lauderdale?
Jamie: Yeah
McCarthy: So he’s not he’s from Melbourne but he’s got parents here?
Jamie: Uh that’s right.

They go off on another tangent:



Jamie: I don’t want to worry my mum. What I’m going to do is is it twenty to seven now?
McCarthy: No, it’s um I’ve got it at twenty eight minutes past six.
Jamie: Yeah.. What was your name, Rick was it or
McCarthy: Terry.
Jamie:1 Terry that’s right. Terry I’ll write that down now.
McCarthy: While your writing that down have a think about um you know we were talking a bit earlier on about um why you took Rick hostage or why you kidnapped him and we never got round to you telling me why that happened.
Jamie: Oh his. I’ll actually phone you for a change at twenty past seven.
McCarthy: Well that’s a long time.
Jamie: That’s a long
McCarthy: That’s a long time and in the mean
Jamie: that’s a long time you
McCarthy: in the meantime what
Jamie: I mean your you don’t often get these calls so I’ll actually phone ya at twenty past
McCarthy: Are you there?

-

McCarthy: Now. Jamie we were talking earlier on about ar Rick and the fact that you kidnapped him from Fortescue Bay.
Jamie: That’s correct. Yeah.
McCarthy: Do you want to tell me about that?
Jamie: Not really no
McCarthy: Well you talked about you talked about ah his wife and er his child and um we’re having difficulties locating his wife and child.
Jamie: Yes, she’s only 12 months old the little child I found out from him.
McCarthy: Right. What from him?
Jamie: Umm.
McCarthy: Right. What about his wife. Do you know anything about his wife?
Jamie: Um sh yeah I do.
McCarthy: Right.
Jamie: I know
McCarthy: Can you tell me something about it?
Jamie: I know how high up in things she is. Yeah.
McCarthy: I’m sorry.
Jamie: I know how high up she is in the different areas.
McCarthy: How how high up. What do you mean by that Jamie?
Jamie: In work, higher than what you are
McCarthy: the
Jamie: the intelligence and everything university and everything.
McCarthy: Oh right, is she, shes only she er a university er
Jamie: Oh she’s passed that she’s got full time work but I’m not going to let you know. I’m I’m more interested in this helicopter ride.
McCarthy: Cough (gunshot)
Jamie: and
McCarthy: Well
Jamie: unless ………..Inaudible………

-

Jamie: I I’ll phone you in an hour right
McCarthy: just before you go though
Jamie: Yeah yeah yeah yes
McCarthy: just before you go you’re talking about you’re talking about okay I can find out who you are. What about Rick? We’re having real problems finding out about Rick. You prepared to tell me Rick’s surname.
Jamie: Well he’s a lawyer if you want the truth. I’ll phone you back in a hour right.
McCarthy: Well how about you phone me back in say fifteen minutes with Rick’s surname. That’s all I’m after. Okay.
Jamie: Inaudible
McCarthy: Everythings w everybodys well?
Jamie: Everythinks fin, yes.
McCarthy: Every is is Sally still with you?
Jamie: Yes she’s still with me.
McCarthy: Are you prepared to let me talk to Sally or
Jamie: Ah unfortunately um she’s down stairs with David now I’ve got um another chap up with me.
McCarthy: Okay Rick. Now did you say to me when we er last chatted that you were going to tell me Rick’s surname.
Jamie: Ah yeah Rick oh but oh but na na don’t worry about that.
McCarthy: Well you you did tell me that
Jamie: What’s that got to do with the helicopter?
McCarthy: Well as I said before we need to ah we ne need to know exactly who’s going to be on board the aircraft and um we’ve got to we’ve got to allow for every possibility you may change plans ah later on and decide not to take Sally
Jamie: Oh yeah
McCarthy: and take Rick instead and also w we’re having problems locating Rick’s wife.
Jamie: Where is she?
McCarthy: Well we don’t know because we’re not real sure who Rick is.
Jamie: Oh I don’t know she went round to um to Fortescue Bay.
McCarthy: How do you know that er Jamie?
Jamie: She headed round that way.
McCarthy: She headed around that way?
Jamie: Yeah. Couldn’t get
McCarthy: Right. Well cough (gunshot)
Jamie: away quick enough
McCarthy: well cough if if um if Rick’s there would you mind asking
Jamie: Well
McCarthy: him what his surname is if you don’t know.
Jamie: apparently um she’s had a pretty hard life until she met um thing a ma bob
McCarthy: She
Jamie: here.
McCarthy: Yeah.
Jamie: Rick and um he’s great she’s a great lady they’re both professional people.
McCarthy: Right wha do what does ah what does she do?
Jamie: Um well I can’t tell you that.
McCarthy: Why not?
Jamie: Cause I don’t know.
McCarthy: Oh right I see fair enough. Um cough well okay lets talk about this helicopter and I and I keep harping on it but you’ve got to understand that there are various things that have to be done in relation to organising the helicopter in relation to flait flight plans and what ‘ave you. Now you told me that the helicopters got to land so at the front of the cottage is that right?
Jamie: Anywhere it doesn I’ll see it I’ll actually hear it probably a
McCarthy: cough (gunshot)
Jamie: a few miles away so
McCarthy: Well
Jamie: don’t worry about that ah as long as it’s on the property somewhere
McCarthy: Yeah
-
Jamie: Yeah. While I’m on the phone um Ricks wondering how did the ABC actually
lay get in touch with me.
McCarthy: Rick was Rick wondering that?
Jamie: Yeah
McCarthy: Well we’re still trying to find that out ourselves. Um
Jamie: ……..Inaudible…….it’s strange
McCarthy: we’re still trying to find that out I I thought you might be able to to help me out with that did she ah mention to you how she’d come about
Jamie: No I didn’t actually ask her
McCarthy: You didn’t? Ah what did you talk about?
Jamie: She asked who I was and where I came from and
McCarthy: Cough did you tell her?
Jamie: A no I didn’t. I said…….Inaudible…….
McCarthy: Did you tell her?
Jamie: Inaudible
McCarthy: that you didn’t want to speak to her
Jamie: Yeah that’s right and I said please don’t phone again.
McCarthy: And what did she say say there?
Jamie: I actually forget now that was a few hours ago.
McCarthy: Right, right okay fair enough. Well ah ah you you’ve got Rick there
Jamie: with me
McCarthy: do you know his surname? Has he told you what his surname is or?
Jamie: No not yet.
McCarthy: Well would you ask him for me please?
Jamie: Ah what’s that that’s not important.
McCarthy: Well it is for us because ya know we gotta find we gotta try to find his family. Okay we’re trying to establish where his wife and child have gone
Jamie: Inaudible
McCarthy: and ah it’s gonna greatly assist us it’s only going to take two seconds of your time to ask him and just tell me what it is.
Jamie: I’ll phone you b back
-
Rick isn’t mentioned again, the phone battery goes flat and in the morning, the cottage burns down. Martin Bryant crawls out of the fire and is arrested. In the ashes are the bodies of David & Sally Martin and Glenn Pears.

So let’s add up what we have learned from this evidence:
Rick is not Glenn Pears.
Rick has a wife and child, who were left at the Fortescue Bay turnoff with Martin’s Volvo.
Rick is a lawyer from Melbourne, 34 years old.
Rick’s parents are alive, they live in Lauderdale, near Hobart, Tasmania.
Rick’s wife never contacted the police about her ordeal, or the theft of her husband’s car.
Rick’s wife finished university and possibly has a connection to Intelligence, depending on how you interpret Jamie’s words. “High up in intelligence” could mean she is smart, it could also mean she is a high ranking operative in the intelligence community.
Rick’s wife wanted to participate in the kidnapping.
Neither Jamie nor Rick wanted the police to know Rick’s surname. Rick’s identity seems a mystery to Terry McCarthy, and Rick was not worried about his family’s whereabouts or safety.

There are several differences between the kidnappings of Rick and Glenn Pears:
Rick was taken at the Fortescue Bay turnoff. Glenn at the Petrol Station outside Port Arthur, which are 4km apart, on opposite sides of Seascape.
Zoe Hall was shot and killed when Glenn Pears was kidnapped, Rick’s wife and child were left unharmed.
Rick was driving a gold BMW, Glenn Pears was driving a white Toyota Corolla.
Timing from Martin’s testimony indicated Rick was kidnapped about 12.30pm. Glenn Pears about 2.10pm.

When Martin was put into the ambulance, Constable Malcolm Scott went with him as security. Here’s part of his witness statement:

During the course of escorting BRYANT to the Royal Hobart Hospital conversation occurred with him in the rear of the ambulance. I recorded this conversation in my note book as it occurred.
The ambulance officer said, What’s your name?
BRYANT said, Martin BRYANT and asked
What’s the point of all this?
The ambulance officer said, I preserve life, Martin. Have you been drinking alcohol? BRYANT said, A bit, it hurts. I want to get out of here.
BRYANT said, Where is she?
I said, Who?
BRYANT said, Petra, Petra did she get out of the fire? Petra’s my girlfriend. We always stick together.
I said, Was Petra in the fire?
BRYANT said, Yes, she was in the house.
BRYANT made further comments but his speech was incoherent.
The ambulance officer asked questions in relation to BRYANT’S medical situation.

So in his agonised and disoriented state, Martin says that Petra was in the house with him, but makes no mention of Rick, Glenn, David or Sally. When interviewed by the police, he relates a similar story to Jamie’s description of the Rick kidnapping. In the snippet videos posted on YouTube, few people realise that when Martin is talking about kidnapping, he is talking about Fortescue Bay (Rick), NOT Glenn Pears.

Q. And after you left Roaring Beach, where'd you go then?
A. Umm, dunno, I stopped ahh, at umm, Nubeena and got a coffee and I think I got a toasted sandwich too.
Q. Do you remember where that was?
A. I was at the shop there, it's a little shop near the school.
Q. A little shop near the school you got a toasted sandwich and a cup of coffee?
A. Yeah.
Q. What'd you do then?
A. Then I left and drove around past Port Arthur and went and, went in to see the Martins. Mmm.
Q. Was there anyone else there when you ahh, called in?
A. No, I umm, unfortunately I held up a car, I took ahh, I saw this car I liked and got umm, held up the person in the car and kidnapped him.
Warren:
Q. Kidnapped him?
A. Mmm.
Paine:
Q. When you say held up.
A. That was actually past the Martins. Ohh actually, that was on the corner of Palmers Lookout. No I didn't really, didn't know whether I'd let you know you're not gonna let anyone else know. You're not gonna let anyone else know. Yeah, no, I stopped the car, I was in the Volvo, I stopped the car on the corner, there was a nice looking BMW and I asked them to get out of the car but the...
Q. How many people were in it?
A. There was a child in there, in the back and a lady and the man. The man, I got him out the car, I had my gun with me and I said I want to take your car, so I took his car. I got, then his wife or girlfriend got into the Volvo with the child and I left, I drove off.
Q. So you drove away in the BMW?
A. Yes.
Q. With another male person?
A. Yeah, he was in the boot. I put him in the boot of the car.
-
Q. Martin, just back to the BMW. How did this guy get to get in the boot?
A. I put him in the boot because I had a gun.
Q. Which gun did you have?
A. I had the umm.
Q. Can Mr Warren hold it up?
A. That AR15. You see if people didn't do these unfortunate things, you guys wouldn't have a job.
Q. Well there's a lot of truth in that Martin, let me tell you.
Warren:
Q. That one there?
A. Yes.
Q. Yeah.
A. That was the one.
Q. This is the one.
A. It's a sweet little gun. Because it's so light. How light is it?
Q. Can you remember what you said ahh, this fellow?
A. Hey mate, can you get out of your car please, I'm gonna take your car.
Q. Did, and you had this pointed at him did you?
A. Yeah I had it pointed at him.
Q. Right.
A. And moving it backwards and forwards with his wife and child too.
Paine:
Q. Was the gun loaded?
A. Yeah the gun was loaded, yeah had about eight, nine rounds in it. Mmm.
Q. And where did this take place Martin sorry?
A. At the Fortesque Bay turnoff, just, ohh about three or four minutes away from the Martin's farm.
Q. To which side of ...
A. That was.
Q. ... The Seascape is Fortesque Bay turnoff?
A. Ahh, before you go to Seascape on the way to, on the way to Hobart.
Q. So it's on the Hobart side of Seascape?
A. Mmm.
Q. Right. And where did you drive then?
A. I drove full speed, it was about, I was going about 140 Ks up the road and went into Seascape. Just drove down there in the BMW.
Warren:
Q. Where, can you remember where you drove when you went into Seascape?
A. I remember skidding on some grass and, I had a heap of petrol, had some petrol with me, I put some petrol in the BMW.
Paine:
Q. And what happened then?
A. Well what happened then, I knocked on the door to see the Martins but there was no answer. And what happened is I remember the explosion.
Q. Where was ...
A. I think, I don't know whether I put the car on, lit the car up or not.
Q. Sorry?
A. I don't know whether I lit the car up or not but there was an explosion.
Q. Where was the man that was?
A. He must've been trapped in the boot, the hostage.



Look how far away from the house the BMW is - if Martin was knocking on the door, there's no way he would have been burnt. And we know his burns came from the house fire, not the BMW fire.



So Martin remembers kidnapping Rick, leaving his wife and child beside the Volvo, driving back to Seascape and his next memory is the explosion of fire at 7.30am the next morning. His memories of the entire afternoon and night have been wiped. Or he was asleep, drugged with something like Rohypnol. Remember in the ambulance, he said Petra was in the house?

Was she there just after the kidnapping, give him a Mickey Finn and then leave before the shooting began at 1.30pm?

Did Martin tell Jamie the story of his actions under the influence of Rohypnol or Scopolamine?

Was Rick the one shooting out the upstairs windows while Jamie was on the phone? The noise is transcribed as a cough but acoustic analysis shows it is a SKK rifle (probably the one owned by David & Sally’s son, Glen.

Either way, Rick and Petra weren’t in the house when it burned down. There was ample time at night for them to leave on foot, leaving David, Sally and Glenn dead inside, and Martin drugged on a bed downstairs. They could easily have slipped down the coast and into the caravan park, posing as tourists. The road was blocked off but the area around Seascape is heavily forested, it wouldn’t be difficult to sneak through slowly and quietly.

Even if it was Martin Bryant on the phone, pretending to be Jamie, it still raises the question of who was firing the SKK rifle from the nearby rooms.

It also doesn’t explain where the FN FAL #G3434 came from.

Or who decoyed the police away with a fake drug stash tipoff.

A royal commission is required to investigate the entire matter. Hospital blood tests on Martin Bryant would reveal traces of any drugs in his system. DNA from the Solo can and utensils the shooter left in the cafĂ© would prove either way if Martin was there or not. He said that he never went into Port Arthur that day, because he couldn’t afford the entry fee. Instead, he slowed down, drove past and went to see if the Martins were home at Seascape.

The victims and their families deserve the truth.

The 2nd Empty Chair is a fiction novel, based on the witness statements and court documents. Using poetic licence, it links the facts that we know into a plausible, possible narrative that 'pokes more holes in the official story than a Pastafarian's colander.'
Read the witness statements, this book and compare what you learn to the official story.