Tuesday, April 16, 2024

Port Arthur, Robo-debt and the Post Office

 

 


This is a study in abuse of corporate power and why innocent people give in to incorrect charges. It's far more common than you might think.

I'm listening to a podcast called The Westminster Tradition, covering these two cases:

Robodebt was a program run by the Australian government to 'catch welfare cheats'. It used illegal and illogical computer programs to accuse thousands of people of welfare fraud, putting the onus on the recipient to prove their innocence, rather than the other way around. Unknown thousands of people received these claims and paid them, unable to challenge the government system. It took over 5 years for the unjustly accused to get the system stopped.

Mr Bates v The Post Office

is another, similar scandal from the UK where the Post Office knowingly implemented a faulty computer system, then lied to and charged their sub postmasters with fraud and theft. Many paid their fines or convictions, many spent years in jail, some committee suicide. 

One key issue is that the government often gave them a plea bargain. "We've charged you with both fraud and theft. But if you please guilty to theft, we will drop the fraud charge, and you might get off with a warning for the theft charge." Many of these innocent people accepted this devil's bargain, even though they were completely innocent and it was the Horizon computer system at fault.

What is a plea bargain? https://en.wikipedia.org/wiki/Plea_bargain

plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or nolo contendere. This may mean that the defendant will plead guilty to a less serious charge, or to one of the several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence.[1]

A plea bargain allows both parties to avoid a lengthy criminal trial and may allow criminal defendants to avoid the risk of conviction at trial on a more serious charge. For example, in the legal system of the United States, a criminal defendant charged with a felony theft charge, the conviction of which would require imprisonment in state prison, may be offered the opportunity to plead guilty to a misdemeanor theft charge, which may not carry a custodial sentence.

In cases such as an automobile collision when there is a potential for civil liability against the defendant, the defendant may agree to plead "no contest" or "guilty with a civil reservation", which essentially is a guilty plea without admitting civil liability.

Plea bargaining can present a dilemma to defense attorneys, in that they must choose between vigorously seeking a good deal for their present client, or maintaining a good relationship with the prosecutor for the sake of helping future clients.[2] However, in the case of the US for example, defense attorneys are required by the ethics of the bar to defend the present client's interests over the interests of others. Violation of this rule may result in disciplinary sanctions being imposed against the defense attorney by the appropriate state's bar association.[3]

In charge bargaining, defendants plead guilty to a less serious crime than the original charge that was filed against them. In count bargaining, they plead guilty to a subset of multiple original charges. In sentence bargaining, they plead guilty agreeing in advance what sentence will be given; however, this sentence can still be denied by the judge. In fact bargaining, defendants plead guilty but the prosecutor agrees to stipulate (i.e., to affirm or concede) certain facts that will affect how the defendant is punished under the sentencing guidelines.

Plea bargaining was considered a predominantly American phenomenon during the 1970s, but has since spread throughout the world.[4]


But in the human realm: Why?
Why plead guilty? What's going on in the defendant's mind?

Often, it's a desire for the ordeal to be over. You may have heard 'the process is the punishment', and being subject to the legal process, having police interviews, your home searched, the neighbor's gossip - many people just want to put it behind them and move on, even if they lose a lot in the process. The lawyers and government know this, and so the process is designed to squeeze the victim into complying.

In both of these cases, pompous government employees just assumed that the system was correct, and was catching so many people because they were all criminals. They privately believed that most people of lower class were inherently corrupt, and thus secretly pleased that so many were being caught. "Yes, good. It serves them right."

Here's the transcript of a part of the discussion:

  • It's about a lack of compassion or care, about the impact of your institution on others. These institutions had to look at other people suffering...and not care, actively paint them as deserving of the suffering they were undergoing...and not care.
  • There's something interesting, in the Robodebt case, there's the idea of the "welfare bludger" narrative, in Horizon there's actually a real class thing...right? Post Office masters are shopkeepers...like in Jane Austen...cheapside...(lower class...working class...). The inquiry revealed that head office viewed their franchise sub postmasters with contempt.
  • And so...that is like the foundation of the issue...that acceptance by both the UK and Australian governments that people of lower status are basically fraudulent....all criminals in waiting...
  • I just can't believe that at no point did it strike them as true...that this high proportion of their own postmasters would be thieving...at quite a large scale...and nobody went, like "Is there an epidemic of theft or could there be some other problem?" 
  • Equally, that this many people were misleading Centrelink about how much money they were owed...at some point you have to look at the scale, the proportions involved and go..."something doesn't seem right here".
  • There's also just an institutional attitude component that makes me wonder...if you think that high a proportion of people are comfortable with that high a level of stealing...does that not...who do you hang around with?... It goes to how they are characterising those people... they don't hang around with those people...right? So it's easy to characterise those people as...yes... "Nobody I know would steal...but...the filthy underclass? You're so right.
The Port Arthur Massacre has a very similar set of emotions involved. 
Martin was Tasmanian, a place widely viewed by mainlanders as backward, inbred and unsophisticated. Further, he was mentally ill and a social outsider. So when the media ran salacious and illegal photos and stories painting him as a deranged gunman, our deeply buried prejudices quite naturally responded, "It's so understandable that someone like that would do something like that, I'm so glad I'm not like that."

Martin's initial plea was 'not guilty' and he then spent 5 months in solitary confinement, consistently asserting his innocence and that there was no evidence that put him at the scene. It was only when his first defense lawyer, David Gunson was replaced by John Avery, that he was convinced to change his plea. Avery told Martin that his burns were healed, and he was taking up a bed in the prison hospital which should rightly be used by other sick prisoners. Martin would be moved into General Population, along with other murderers, drug dealers and rapists, including Mark 'Chopper' Read. Chopper was an expert at slicing off the fingers and toes of his victims, and both Bryant and Avery knew this.




They also knew that once the prisoners began beating Martin to death, it would take a long time for him to die, and the guards wouldn't stop it. The guards had already tortured Martin by twisting his burned arms behind his back, so Martin knew he could expect no sympathy from them.

After letting Martin imagine his own death for a few moments, Avery then offered him a lifeline. He could stay in the prison hospital for the rest of his life, under the supervision of his doctors, but only if the plea was changed to guilty. This is called a 'Plea Bargain' and happens very frequently in the court system. Quite often, criminals arrested with drugs and guns will be convinced to plead guilty to the drug charges, the firearms charges are dropped, the case proceeds faster and the statistics look good because 'there's less gun crime now.' No, there's just less gun crime prosecuted - very different things.

Faced with his own death, Martin took the awful decision to accept the plea bargain. Thousands of Centrelink 'customers' and Sub-Postmasters accepted similar bargains while faced with far less hideous options, so it's easy to see why Martin changed his plea, once we know more of the facts.

The real problem lies with us, who are so easy to accept the bad news about someone, and judge them harshly, without knowing much about the issue.

Martin deserves a re-trial.
The victims and their families deserve the truth.
Martin and all the victims of Robodebt and the Post Office deserve justice.














Wednesday, November 3, 2021

Burning Water


With almost 600 pages of gripping narrative, this revised version of The 2nd Empty Chair covers the months and years after the massacre as well.

It includes new eyewitness testimony, Martin's interviews with both the police and John Avery, the locked door at the Broad Arrow Café and much more.

Available on Amazon.com.au for Kindle or in paperback:

https://tinyurl.com/5a7nj7vk



Tuesday, June 16, 2020

Vehicles

Martin Bryant's yellow Volvo is one of the most famous vehicles in Australia.
People familiar with the Port Arthur Massacre also recognise the gold BMW, burned by SOG Constable Andrew Fogarty on the Seascape grounds.

After Seascape burned down, you can clearly see the burned-out BMW beside the trees to the rear of the property.

The court case alleges that Martin Bryant killed David and Sally Martin inside Seascape, then drove his own car to Port Arthur and committed the massacre, returning to Seascape in the BMW.


I want to know what happened to David and Sally Martin's car.

In the Prison Interview, Martin says that David and Sally Martin owned a Volvo:

If they were home, where was it? Look at the photos - no car, only the burned out BMW. What kind of Volvo did the Martin's own? Where is it? Look at the photos. The cops didn't know, because they change the subject quickly back to the keys to Seascape in Martin's Volvo. Martin responds that 'someone else must have put them there.' How close to the truth his simple mind actually was! Why on earth would you take the keys to the crime scene to a murder spree, then leave them behind? With your own passport in the glove compartment?





Back to David and Sally's Volvo. Is it the decoy Volvo that Ashley Law saw behind the Church after the shooting, with two women inside, who later vanished? Ashley remembered it because he was worried the cops might mistake it for the gunman and shoot them by mistake. Who were these women and why didn't they give a witness statement to the police?

So, it's likely that someone moved David and Sally Martin's car from Seascape. This person or persons are likely an accomplice to murder, and suggest that Martin was not acting alone, and could indeed have been set up as he claims.

Now, it looks like the guest house has a garage door in the wall. Is that a garage with the car inside or had it been sealed off inside and turned into a living area for the guest house?

The victim's families deserve closure and that comes by knowing the full truth. All the investigators ask is for a full inquiry with all the evidence reviewed so that we can know justice has been done. Because with the number of questions swirling around this case, there is reasonable doubt that Martin Bryant is guilty of the crimes he was convicted for.



***
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.'



Wednesday, May 13, 2020

CNN


Media Coverage of the Port Arthur Massacre ‑
A View from the Media's Side
John Raedler, Reporter, Cable News Network (CNN)

Summary: This paper deals with CNN's coverage of the Port Arthur Massacre, detailing the extent of CNN's coverage, then evaluating the working relationship which developed between CNN and the Tasmanian Police. Because CNN had so much direct contact with the police ‑ and so little direct contact with other emergency services ‑ the evaluation focuses on the CNN~Police relationship. But the point of the paper ‑ that co‑operation (and the appearance of co‑operation) between police and media can be mutually beneficial ‑ has some application to all emergency services in their dealings with the Press.

Perspectives: This paper is written from two perspectives:

a.             As an Australian-based reporter for the global TV news network, CNN.

b.             As co-presenter of the Media Skills Training component of all of the Police Management Development Programs and Senior Police Executive Officers' Courses at the Australian Institute of Police Management at Manly, Sydney.
__________

1.             BACKGROUND

By every measure ‑ the amount of material produced, the amount of airtime provided and the amount of money spent ‑ CNN's coverage of the Port Arthur Massacre was the biggest coverage of an Australian news event that it has ever mounted.  CNN's previous biggest coverage of an Australian news event was of the bushfires which swept into parts of Sydney in early 1994.

By way of explaining CNN and its scope, it started in 1980 ‑ originally providing a 24-hour-a-day, seven-day-a-week news channel to US cable TV viewers.  It went global in 1986 and now covers, and transmits to, more than 220 countries and territories around the world.  Its [sic] audience is impossible to measure accurately but it is estimated to range between 250 million and 600 million viewers at any one time.

Following is a chronology of CNN's coverage of the Port Arthur Massacre, to demonstrate the extent of the coverage.  And like most people who had any association with the incident, one is inclined to start with "where you were at the time you first heard about it."

I was in the gym at North Sydney Leagues Club on the afternoon of Sunday 28 April 1996.  While exercising, my attention was attracted when the announcer on a music radio station that was coming over the gym's PA uttered words to the effect: "And coming up soon we'll have a news flash!"  He played another record and then gave the news flash.

The flash gave sketchy details of a shooting spree at Port Arthur ‑ saying it was believed up to a dozen people may have been hit.

I left the gym and immediately alerted CNN's International News-Gathering Desk at CNN HQ in Atlanta via my car phone.  While doing so I heard on ABC radio a reasonably comprehensive run-down of what was known ‑ reported by an ABC journalist in Hobart and attributing the details to Tasmanian police.  At this stage 12 were confirmed dead ‑ with the possibility of another 8 - to -12 fatalities.

CNN interrupted it's newscast and put me to air live ‑ the anchorperson interviewing me over the phone about what was being reported in Australia about the incident.  From that point, and for four straight days, the Port Arthur Massacre dominated CNN's round-the-clock news.

Immediately after that first interview, I called Directory Assistance and a most co-operative woman provided me with a multitude of possibly useful phone numbers.  In addition to a general number for the Police in Hobart she gave me a number for Police 'Public Affairs' (as I recall the title ‑ a number which proved very useful) and she also gave me a number for the Port Arthur Historic Site.  I passed these numbers onto Atlanta as I drove home.  Meanwhile, my wife, who was at home, started the considerable task of getting me on flights to Hobart.

By the time I arrived home, ran through the shower, packed and headed for the airport, CNN had spoken live on air by phone to a police spokesperson (I believe Inspector Gary Leonard) and had several long conversations live on air with the PR person at Port Arthur Historic Site, Sue Hobbs.  From what my colleagues in Atlanta have told me, the, first time they talked to Sue on air she and the people with her were still fearful and anxious as they were unaware of Bryant's whereabouts and were frightened he might return.  My colleagues have told me that Sue provided some riveting descriptions of what had occurred.  Parts of her interviews were replayed on ABC radio around Australia.  (ABC subscribes to CNN).

Thanks to a taxi driver whose father had been a TV news cameraman in Ireland ‑ and so the driver understood my urgency ‑ I made it to the airport just in time to get on a flight to Melbourne.  At Melbourne airport an extremely co-operative Ansett executive somehow got me on the last flight to Hobart, even though it was supposedly fully booked.  And he allowed me to use his fax machine to receive detailed wire service reports on the story from CNN in Atlanta as well as various contact names and phone numbers and logistical details that CNN staff had compiled for me.

Also, while I was getting to Melbourne, CNN had made arrangements with WIN TV in Hobart to provide me with all of their footage, a cameraman (to do a reporter's stand up) and a video editor to put together a video report of the story.  Shortly after midnight that night ‑and with great co-operation from WIN staff ‑ the first video report by any international TV news organisation's [sic] own reporter in Hobart went by satellite from WIN to CNN and promptly went around the world on CNN ‑ being replayed again and again.

I was still doing live audio reports by phone with CNN until 0500 on the Monday ‑ had 20 minutes sleep ‑ and resumed doing live audio reports by phone at 0600.  These reports by phone intensified with the dramatic arrest of Bryant that morning.  I got word of the Seascape fire from local radio and soon thereafter someone answering the Police 'Public Affairs' phone number (I forget the person's name) was extremely helpful with what turned out to be detailed, accurate information about the arrest.  CNN cut into its newscast-in-progress to put my phone report of the arrest to air.  So quick were we with this news that ABC radio in Australia replayed my CNN report then had a Tasmanian police spokesperson come on the line and confirm the CNN report.

After participating in the media tour of the site on Monday I did several lengthy audio reports live-to-air by phone, as soon as we got back into mobile phone range.  Then we did an extensive video report of the day's events and fed that to CNN by satellite on Monday night.  We also did a live-to-air interview with the Premier of Tasmania via the Nine Network's satellite uplink outside the Royal Hobart Hospital.  Late on Monday afternoon the CNN presence in Hobart increased by 100 per cent.  Hugh Williams, an expatriate Australian who is one of CNN's best cameramen and video editors (based in Berlin), happened to be in Sydney on holidays and joined me to take on the roles of field producer and video editor.

Tuesday was a case of more of the same: numerous audio reports live-to-air by phone (especially re the bedside court hearing in which Bryant was charged with one count of murder ‑ I have been told that again ABC radio in Australia used CNN's report as its first news of this development); an extensive video report fed by satellite that night; and a live cross in which the CNN anchor questioned me about the day's events, this via the Nine Network's satellite uplink outside the hospital.

On the Wednesday, CNN aired a live satellite feed of the memorial service, for which I provided commentary via phone.  CNN intended to take the first half-hour of the service live before switching to its regularly scheduled interview program Larry King Live.  But as the service unfolded CNN decided to continue airing the whole memorial service and to delay Larry King Live.  Again, we did an extensive video report of the day's events and fed it by satellite that night.  And we did another live cross from outside the hospital.

We cut back on our coverage on the Thursday and returned to Sydney on the Friday morning.

I am told by my colleagues in Atlanta that between Sunday afternoon and Thursday


The Media View


morning (Australian time) the Port Arthur Massacre topped virtually every one of CNN's news bulletins (on the hour every hour and sometimes on the half-hour).  Never before had any event in Australia saturated CNN's programming to this extent.

2.             EVALUATION

In the above background you will notice a recurring theme of co-operation: the directory assistance operator, the taxi driver, the Ansett executive, the PR person at Port Arthur, various police spokespersons (including some from interstate who helped handle media inquiries), WIN TV, the Premier of Tasmania, the Nine Network (re use of its satellite uplink) ‑ to which I would like to add: various spokespersons for the Royal Hobart Hospital, and organisers of the memorial service.

Neither Hugh Williams nor I could recall a story either of us had worked on where we had received such widespread co-operation.  And colleagues at CNN HQ in Atlanta who had direct dealings with people in Tasmania were similarly struck by the co-operation given to them.

Some weeks after the massacre, Geoff Easton, the Media Liaison for the Tasmanian Police, asked me to evaluate ‑ from my perspective ‑ the Police-Media co-operation during the event, and I wrote that Hugh Williams, myself and our colleagues in Atlanta had "found:

·         access to police spokespersons;
·         availability of police spokespersons; and
·         courteousness, co-operativeness and
·         forthrightness of police spokespersons;

to be excellent ‑ as good as we have encountered anywhere in the world, and Significantly better than in most places."  That assessment still stands.

In the Media Skills Training that I do for private ‑ and public-sector clients around Australia — including commissioned officers from all state police services and the Australian Federal Police — I stress that willing co-operation with the news media, where and when possible (as opposed to reluctant co-operation or no co-operation at all), is more likely to contribute to a desirable outcome for you in the news media's treatment of you and/or your organisation.

This was certainly the case in CNN's coverage of the Port Arthur Massacre, vis a vis the Tasmanian Police. They came across as in-control, competent, professional, effective and thorough ‑ they got the culprit, got him reasonably quickly, got him alive, and kept him alive.  They built an ultimately overwhelming case against him.  And they did all of this in the midst of what were, for all of them, uniquely challenging circumstances.

Following are some different examples of police co-operation that CNN encountered ‑ and how they contributed to a desirable outcome for police in CNN's coverage:

·         The recording that was put on the Police 'Public Affairs' phone number, giving additional numbers to call, including mobile numbers.

This sent a very clear signal of police wanting to co-operate with the news media, rather than obstruct them or be indifferent to them, in their role of getting accurate, up-to-date information to a shocked and curious public around the nation and around the world.

This could only have helped Police get the Press 'on-side' at the outset.

·         The media tour of Port Arthur within a few hours of Bryant's arrest on the Monday.

This was excellent in its timing and its conduct.  Most media people understood why they could not get into the scene any earlier ‑ a heavily armed suspected mass murderer was still holed-up at Seascape, and even after his arrest bodies were still being searched for at Seascape, some bodies were still in place in Port Arthur, forensic investigations were still going at various sites in and around Port Arthur, etc.

But by not keeping the media waiting days before they were allowed access to the scene, organisers of this tour denied journalists the time in which to become suspicious and to start wondering (perhaps on air or in print) what was really going on in there and what might police have been covering up?  Always remember, journalists are journalists and they are paid to be curious, sceptical and suspicious.


  • TV reporters being allowed to do 'stand ups' near the Broad Arrow Cafe .

This was highly considerate of the tour organisers.  Of all the stops on the tour, this was the one where TV reporters would most want to do stand ups ‑ not because TV reporters are all ghouls, but because the Cafe was the centrepiece of the massacre and visually summed up the story more than any other site ‑ witness the words of my own stand up (and I assume most other stand ups were similarly worded):

"The first and the worst of the carnage happened here ‑ 20 people killed in this Cafe just behind me ‑ another four people killed outside."

But something especially co-operative happened at this stop by the Cafe .  We were originally taken to a spot about 100 meters from the Cafe and told to stay behind some invisible line.  Reporters and their camera crews started doing their stand ups.  But I noticed that where we were meant that the reporters' faces were in shade ‑ and the Cafe was in bright sunshine.  This posed a difficult light balancing act for both the camera and the camera operator, as both the shaded face and the brightly lit Cafe needed to be seen clearly.  After discussing this with my camera operator, and him confirming that the light difference was a real problem, I approached Roger Henning, a crisis management expert who had been hired by the Tasmanian Government and who was accompanying the media tour.  I knew he had a background in TV and that he would understand our problem.  He quickly consulted with the police officers there and they agreed to the TV crews moving 15 or 20 meters closer to the Cafe so the reporters' faces were in the same bright sunshine as the Cafe.  The move did not impinge on the police work still going on inside the Cafe and it helped the TV crews considerably.  Had this situation been handled differently by police it could have caused totally unnecessary upset and antagonism between the media and police.

(Roger Henning was also responsible for getting the Premier to come down to the Nine Network satellite uplink outside the hospital late on the Monday night to be interviewed live on CNN.)

Superintendent Jack Johnston's co‑operation with the media on the tour of Port Arthur.

Special mention has to be made of Johnston's commendable efforts as something of a 'host' on this tour.  He was patient and good humoured in answering the never-ending stream of questions from the media ‑ many of the questions repetitive (eg, the 456 times he was asked to spell his last name!).

He was equally commendable in his willingness to give (and sometimes repeat) sound bite explanations of what had happened at the various stops on the tour.  By 'sound bite' I mean the concise, articulate, descriptive summaries that TV reporters always want from people they are, interviewing.  (They are also known as 'grabs'.)

Johnston's explanation of the fate of the Mikacs was the classic 'win-win' sound bite.  It was a 'win' for the media because it gave them a concise description of the demise of the 'most tragic' of all the tragic deaths.  And it was a 'win' for the Tasmanian Police in that it showed them to be articulate, in-control, giving information to the public in a timely and full fashion with the perfect balance between forthrightness, matter-of-factness and understandable, restrained emotion.  I now use this sound bite in many of my Media Skills Training courses as a near-perfect example of the genre:

"It's our understanding that the mother was carrying the three-year-old baby when they were both shot, and the six-year-old ran away trying to escape but was shot in the process."

A closing word on Johnston's handling of this tour: when it was all over and the Press buses were, about to leave, he came aboard the bus I was on, thanked all the media people and complimented them on their conduct and co-operation ‑ and many of those present returned the compliment to him in words and in applause!  In more than 25 years in journalism in many different parts of the world, I have never witnessed anything comparable.

The Media View


Of course, there were some negatives ‑ but one has to push the memory to recall them.  Two that caused some confusion for CNN were the following:

      Late Sunday night/early Monday morning, we were given different death tolls from different police spokespersons.  From memory, one senior officer, on camera, said 33.  Then another senior officer ‑ also on camera ‑ said 32, and added something like: 9 don't know where the 33 came from."  And the person on the Police 'Public Affairs' phone number was saying one of these figures or the other.  From memory, this confusion seemed to linger for a couple of hours and we were in the position of having to report, in several phone updates during this period, a death toll of "32 or 33 ‑ with different police spokespersons giving the different figures."

      Similarly, and around the same time period, we were getting conflicting information on the countries of origin of the dead and injured ‑ obviously, very important information for CNN.  The confusion was between information coming from either a senior police spokesperson on camera or the person answering the Police 'Public Affairs' phone number, and a fax sent to WIN TV by the police.  There were one or two countries mentioned in one set of information and not in the other.  And there were one or two countries listed only under 'dead' in one set of information and only under 'injured' in the other.

Such confusions are totally understandable in the circumstances.  In fact it impressed me that we were getting such precise information so early in the piece anyway.  I am sure that most members of the media, and most of the public, would have accepted such relatively minor confusion when it appeared that police were trying to get the fullest possible information to the public as quickly as possible.  However, these confusions might be of interest to the police in revealing loopholes in their informational chain of command in the turmoil of that late Sunday night/early Monday morning.

3.             CONCLUSIONS AND RECOMMENDATIONS

CNN was very pleased with its coverage of the Port Arthur Massacre.  It considers that, overall, it relayed information quickly an accurately to a global audience which was extremely interested in what was ‑ by any an every measure ‑ a major international new event.  The extent, timeliness and accuracy of CNN's reporting would not have been possible without the co-operation of all officials involve in the drama ‑ especially the Tasmanian Police.  And by virtue of their considerable co operation with CNN, all such officials were able to make what I am sure was a very positive impact for themselves and their organisation on CNN's hundreds of millions of viewers.  Moreover, the event was an object lesson in proving that the media and emergency service can co-operate, to their mutual benefit ‑ the media get what they need, and through the media emergency services portray themselves in a positive light.

As I wrote to Geoff Easton in response to his requested evaluation a few weeks after the event (and this was written from my dual perspectives as a CNN reporter and a Media Skills Trainer):

"… Overall I would rate the Tasmania Police's performance, vis-a-vis the Press in the Port Arthur shootings, a 99 out of 100."


Monday, April 20, 2020

Hammond

Here is the witness statement from Chris Hammond. It is consistent with Martin's alibi and description of his movements on the day, and proves conclusively that Martin could not have shot David & Sally Martin inside Seascape. This is a key element of Martin's conviction per page 64 of the Court Document, being, “The Crown case is that in that intervening time, that is, between 11.45 and 12.40, Martin Bryant shot and
killed Mr. and Mrs. Martin”. Martin was nowhere in the area at 11.45, and Andrew Simmons' witness statement places the gun shots at 10.40 am, not 11.45-12.45.

Chris confirms that Martin drove his distinctive yellow Volvo into the petrol station between 10.30 and 10.45 am. He paid cash - notes - for $15.00 in petrol, then drove off  "in the direction of Port Arthur". For those who aren't familiar with the area, here's a map of the peninsula:


Now, Martin left home shortly after Petra - about 9.00 am, arriving at Taranna about an hour and a half later. So the timeline so far is consistent. Can you see how, at 10.40 am, when Martin was allegedly several kilometres further south, making the gun shots that Andrew Simmons heard, he wasn't even at the petrol station at Taranna yet.

As you can see, I've used Google Maps to helpfully notate the times and distances involved. Zoom in on Taranna:

The Taranna petrol station is north of the turnoff to Nubeena and Roaring Beach. So from the petrol station, both Port Arthur and Nubeena are the same direction (south). All Chris is saying is, Martin continued south, not necessarily that he went directly to Port Arthur. So far, Chris' witness statement confirms Martin's alibi and destroys the prosecution case on the timing.

Martin then makes a right hand turn into Nubeena Road, toward Roaring Beach. Another 30 minutes or so, it's now 11.00 - 11.15am. Martin says in the police prison interview that he went swimming "when it warmed up, about 11" so this is about right also. The water was cold, and he didn't spend long in it. Call it 30 minutes to walk to the water, have a swim, dry off, spot two men in short wet-suits further down the beach, then get back to the car, he is leaving the beach about 11.45 - the time the prosecution alleges he was shooting David & Sally Martin.


From the beach, back to Nubeena it's almost 20 minutes, so call it before 12.30.
Martin says that he pulled over in Nubeena at the take-away shop near the school and bought a coffee and toasted sandwich. He says he paid with coins from the glove box because he had no cash money left. This is important.

I can't determine if the owners were ever interviewed by police, but if so, their statements have never been submitted to the court. The take-away isn't there any more, and the only names I have are Dave or David Doherty-Popello and someone named Barrie or Bernie. I'm not sure if these are the people who ran the take-away, but if you have any information, anything at all, please set up a free, encrypted email account at www.protonmail.com and send me an email at o_zim@protonmail.com - total anonymity assured. Your information, no matter how small, could join several other pieces together and break this case wide open.

Giving Martin 10 minutes to eat the sandwich and coffee, it's now just after 12.30 - an hour before the shots were fired at the Broad Arrow Cafe. He then drives counter-clockwise around the peninsula. It's only a ten minute drive to Port Arthur but in between, Martin's heart beats faster.



As he drives east, he thinks about Marian Larner, an older woman he was infatuated with, who lived with her husband Roger just south of Port Arthur. Martin had wanted his father to buy the farm next door, so he could be closer to her, but David & Sally Martin bought it instead. This was used later as a "motive" for Martin to kill David and Sally, but there is no evidence that he did. All we know is that he was hot for Marian, and wary of what Roger might say or do.

Thinking about Marian but afraid of her husband, he keeps going, driving past the Port Arthur Historic Site. He slows down as he drives past, but he remembers that the new government operator has installed a toll booth and entry fee. This is how Martin describes it, I strongly recommend that you read the interview transcript for yourself.

"I didn't go, definitely didn't go to Port Arthur. I wouldn't pay the money to go in. I would've (gone in) if I didn't have to pay."
"The only place I stopped was Nubeena and I drove right round..."
"I drove straight past that place (the Corolla in the forecourt of the PAHS turnoff) and I just drove past there"

After he drives north, past Seascape and arrives at the Fortescue Bay turnoff, just south of Taranna again, his memory begins to fail about 12.45 - almost an hour before the shootings happened. This is consistent with Rohypnol poisoning, and it's likely that Martin was drugged, his car was taken and he was left to die in the fire. It's important to note several questions about the BMW:

1. Martin always maintained that BMW was at Fortescue Bay, not the petrol station near Port Arthur.
2. There was a man, a woman and a young child in the BMW. Martin describes them and Jamie also refers to the wife and child while on the phone to Terry McCarthy the police negotiator. What happened to the woman and child - this was NOT Zoe Hall in the Corolla.
3. How did the BMW move from Seascape just after 12.45 to the Port Arthur toll booth, now containing Rose Nixon, Jim Pollard and Robert & Helene Salzmann?
4. How did Martin's Volvo move from where he abandoned it at Fortescue Bay, to Port Arthur, pay the entry fee with money Martin didn't have?

These are not conspiracy theories. They are valid questions, supported by evidence the police presented to court and convicted Martin on. They deserve to be examined, because if there was a miscarriage of justice, then the real perpetrators are walking around free.

The victims and their families deserve the truth. Anyone with information about the old take-away in Nubeena is strongly encouraged to make contact. If Martin is guilty, he is in the right place and he can stay there. But if he didn't act alone, or if he was set up, then the real perpetrators are still walking around free.
After Lindy Chamberlain and Sue Neil Fraser, its appropriate to examine all the evidence - all of it. yet the Port Arthur information is all locked away for another 75 years - 100 years in total. Why? Ivan Milat and Chopper Read both had media interviews, Chopper even published a book. Yet Martin and all his evidence is locked away from scrutiny as if it's something to be ashamed of.

The people deserve transparency from their government. That's part of the social contract.

And the only thing to be ashamed of is a miscarriage of justice.

***
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.'