Latest / Real Crime with Adam Shand / Justice Denied: A Child’s Voice Ignored: | Marita Murphy
Transcript
- 0:05Speaker 1: Appoche production.
- 0:10Speaker 2: This podcast contains references to the sexual assault of children
- 0:13Speaker 2: and domestic violence. It's not recommended for younger listeners, and
- 0:17Speaker 2: discretion is advised. Welcome to Real Crime with Adam Shand.
- 0:25Speaker 2: I'm your host, Adam Shand. Since beginning this podcast, I've
- 0:29Speaker 2: been approached by a number of women seeking justice for
- 0:32Speaker 2: historical sexual assaults that have occurred, sometimes decades ago. My
- 0:36Speaker 2: sense of outrage and justice has moved me to advise
- 0:40Speaker 2: and to take their.
- 0:40Speaker 3: Cases to police.
- 0:42Speaker 2: I've said this based on a perception that police are
- 0:45Speaker 2: more ready to pursue offenders.
- 0:47Speaker 3: Even after many, many years.
- 0:49Speaker 2: Today's case we're discussing makes me think twice. In nineteen
- 0:54Speaker 2: sixty eight, seven year old Marita Murphy was gang raped
- 0:57Speaker 2: by two teenage boys, a crime witness by a third.
- 1:02Speaker 2: She was discouraged from making a police report of the
- 1:04Speaker 2: time by her family and suffered in silence until twenty fourteen.
- 1:09Speaker 4: The policeman said to me, lady, I don't know what
- 1:12Speaker 4: happened to you, but you need counseling.
- 1:15Speaker 2: The police investigation went nowhere, and so Marita was left
- 1:18Speaker 2: to bring a civil suit against the perpetrators.
- 1:22Speaker 3: She lost that case and is.
- 1:23Speaker 2: Now one hundred thousand dollars out of pocket.
- 1:27Speaker 1: My childhood was over at seven. It wouldn't matter how
- 1:30Speaker 1: much money someone gave me. Now I can't go and
- 1:32Speaker 1: buy a new childhood.
- 1:34Speaker 2: This is a cautionary tale that suggests the odds are
- 1:37Speaker 2: still stacked against the victims. Maurita has told her story
- 1:42Speaker 2: in an award winning documentary called You Be the Judge,
- 1:45Speaker 2: which you can find on YouTube. Breita keeps fighting for
- 1:48Speaker 2: justice and it's my pleasure to welcome her to real crime.
- 1:52Speaker 2: I'm Marita, my pleasure. It's a long story. Start at
- 1:57Speaker 2: the beginning.
- 1:59Speaker 4: It's a lifetime. My father died first of July nineteen
- 2:03Speaker 4: sixty eight. I lived in a Catholic community up in Gippsland,
- 2:09Speaker 4: past Pakenham and Nagoon, and it was a pretty sheltered existence.
- 2:14Speaker 4: But Mum got sick and I was the youngest of seven,
- 2:17Speaker 4: so she had a fair bit on her plate and
- 2:20Speaker 4: I was home with Gran, who I worked out was
- 2:23Speaker 4: eighty four at that time and Mum had been an
- 2:25Speaker 4: only child, so Gran was quite frail and not used
- 2:29Speaker 4: to lots of children. But I was picked up and
- 2:32Speaker 4: taken to Melbourne by a family. There I was suffered
- 2:37Speaker 4: very serious sexual abuse that was life altering and continues
- 2:41Speaker 4: to plague me to this day.
- 2:44Speaker 2: Now, your memories are very clear about what happened, and
- 2:49Speaker 2: that's the difference to many other cases I've covered.
- 2:52Speaker 3: I mean, I know it's painful, but.
- 2:54Speaker 2: Do you want to share a little bit of a
- 2:55Speaker 2: story so people can get an idea of what you suffered.
- 2:59Speaker 4: I think you know a lot of people have repressed memories,
- 3:02Speaker 4: and I don't think I ever fell into that categree.
- 3:06Speaker 4: You're not trying to remember, you're trying to forget, but
- 3:09Speaker 4: you are imprinted. And the adults knew because I told
- 3:13Speaker 4: on these youths, and so my voice had power at
- 3:17Speaker 4: the age of seven, and Mum supported me because when
- 3:21Speaker 4: she got me back, she knew what had happened. And
- 3:25Speaker 4: I reported to the police in May twenty fourteen, as
- 3:29Speaker 4: the Royal Commission was into childhood sexual abuse was running
- 3:33Speaker 4: in Australia, with Ballarat featuring very highly and I kind
- 3:38Speaker 4: of just wanted to purge it. But when the police
- 3:42Speaker 4: found the main one, what's hard to say I was
- 3:44Speaker 4: the main one. He wasn't the main offender, but it
- 3:47Speaker 4: was his family's home that I was at. I had
- 3:50Speaker 4: this sense of relief that, oh, thank Heavens, this is over.
- 3:53Speaker 4: But to be the truth of it was that was
- 3:56Speaker 4: the beginning, because he said to the police when he
- 4:00Speaker 4: was interviewed, that he did not know me, and he
- 4:03Speaker 4: did not know his foster brother, an Aboriginal youth that
- 4:07Speaker 4: was staying with them at the time. His name was
- 4:10Speaker 4: Eugene Samuel Lovett, and I'm grateful to his mother to
- 4:15Speaker 4: this day that she blessed him with an exotic Greek
- 4:17Speaker 4: name meaning well born, because if he had a just
- 4:21Speaker 4: been called Fred or Barry, possibly we wouldn't have been
- 4:25Speaker 4: able to identify him. But I grew up with the
- 4:29Speaker 4: imprint of that was the first Aborigining I'd ever met.
- 4:33Speaker 4: He was a juvenile delinquent, he was a criminal. He
- 4:36Speaker 4: went on to become a serial predator. And if they're
- 4:40Speaker 4: not stopped, and he obviously wasn't stopped with me, and
- 4:44Speaker 4: he probably didn't face any consequences, that is the thing.
- 4:47Speaker 4: They just keep on reoffending. But to his credit, he
- 4:51Speaker 4: did the right thing. And when he passed away, I
- 4:53Speaker 4: think in February twenty twenty, him and I had made peace,
- 4:57Speaker 4: and it's his support that's enabled me to speak freely.
- 5:02Speaker 4: I haven't been sued. The other party was a very
- 5:05Speaker 4: wealthy Melbourne entrepreneurial businessman and he's lied. He's committed perjury
- 5:12Speaker 4: in the EFFI David to court for the civil case.
- 5:15Speaker 1: He signed.
- 5:16Speaker 4: One of the questions he signed was that the two
- 5:18Speaker 4: families weren't known to one another. Well, why would my
- 5:22Speaker 4: sister have his home address and his parents' details in
- 5:26Speaker 4: her address book if we weren't known to one another.
- 5:29Speaker 4: But he's faced no consequences for his lies and I'm
- 5:34Speaker 4: out a pocket over one hundred thousand dollars.
- 5:36Speaker 1: That rankles a lot.
- 5:38Speaker 3: I'm sure it does.
- 5:39Speaker 2: We won't name him so he can't cause more financial
- 5:42Speaker 2: damage to you or I. You named him previously and
- 5:45Speaker 2: we won't do that again. But it was a simple
- 5:47Speaker 2: matter for him to deny this for so long as
- 5:51Speaker 2: you were left with few options with the police.
- 5:55Speaker 3: What did the police tell you?
- 5:58Speaker 1: Well, they were hot and cold.
- 5:59Speaker 4: Initially I reported in Ballarat and the detective here did
- 6:04Speaker 4: no good, and I hadn't included anybody much else. I
- 6:08Speaker 4: just purged this what was within me, trying to get
- 6:11Speaker 4: rid of it. And he asked if he could ring
- 6:15Speaker 4: and speak to my sister. She was the oldest of
- 6:17Speaker 4: the family by eleven years to me, and he rang
- 6:21Speaker 4: her in wa and she pulled out the address book
- 6:24Speaker 4: and gave him the address. But as a detective, he
- 6:27Speaker 4: didn't actually asked her to spell the surname. And it
- 6:30Speaker 4: can be pronounced and sound the same and have three
- 6:34Speaker 4: different spellings. I've seen three different spellings. My brother on
- 6:37Speaker 4: mum's obituary had spelt it wrong and that's what he
- 6:42Speaker 4: was dealing with. It was incorrect. So when he saw
- 6:45Speaker 4: that it was indeed a bayside suburb in Melbourne of Elstenwick,
- 6:49Speaker 4: it went to Morabin and the socket detective that took
- 6:53Speaker 4: it up there. I've never even met him, Adam. I've
- 6:56Speaker 4: traveled from Ballarat to Morabin on three occasions. He rang
- 7:00Speaker 4: my sister and she's obviously spelt the surname and he's
- 7:03Speaker 4: got him straight away. So he rang me very excitedly
- 7:06Speaker 4: and said I've interviewed him and the response was that
- 7:10Speaker 4: he's never heard of me, and he's never heard of
- 7:12Speaker 4: the Aborigine, his foster brother. But surprisingly then he went
- 7:18Speaker 4: one step further, this detective and he said that he
- 7:21Speaker 4: was a chance to go to Perth for something, and
- 7:24Speaker 4: he interviewed his younger brother, who was the witness to
- 7:27Speaker 4: the gang rape, and they wouldn't have been expecting that.
- 7:32Speaker 4: And the younger brother said that I didn't exist, but
- 7:35Speaker 4: Eugene did exist. So if I'm a seven year old
- 7:39Speaker 4: little girl from up in the country, how the hell
- 7:42Speaker 4: could I know they had an aboriginal juvenile delinquent staying
- 7:46Speaker 4: with them. So I just said to the police, well,
- 7:50Speaker 4: I'm going to approach this wealthy individual myself, and they
- 7:54Speaker 4: said you can't do that, and I'm like, who's going
- 7:56Speaker 4: to stop me? I'm an adult. He has a public place,
- 7:59Speaker 4: so I went there. He wasn't there, which was probably
- 8:03Speaker 4: a fortunate thing because I was getting angry. Howdare you
- 8:07Speaker 4: treat me in this manner? Callous? Just so sorry, just
- 8:12Speaker 4: do the right thing.
- 8:14Speaker 1: But I left some.
- 8:14Speaker 4: Information there for him, and his lawyer rang me and
- 8:18Speaker 4: set up a meeting in Tuaq. I went alone, but
- 8:22Speaker 4: my then husband and my sister, some people from mary
- 8:25Speaker 4: in Ole and the police knew, so they felt that
- 8:28Speaker 4: I was safe enough and I went met them with
- 8:32Speaker 4: them for an hour, where the end of it, they
- 8:36Speaker 4: threatened me and vacated the boardroom and he'd said to me,
- 8:41Speaker 4: I know David Hayes, and I'm like, oh, this is
- 8:44Speaker 4: excellent news, this is great. So I rang David Hayes,
- 8:47Speaker 4: you know, famous racing dynasty in Australia. I worked for
- 8:51Speaker 4: his dad for three or four years at Flemington because
- 8:54Speaker 4: I had no education. And David's now leading trainer in
- 8:57Speaker 4: Hong Kong. So I rang David from the boardroom and
- 9:00Speaker 4: we talked for twenty minutes. Obviously I didn't make any
- 9:03Speaker 4: accusations to him. But then I do this man for rape,
- 9:07Speaker 4: And as I say to people, why would you see
- 9:09Speaker 4: someone for rape. I'm just a stay at home mom
- 9:12Speaker 4: from a little country town in Victoria. Like I don't
- 9:16Speaker 4: have those kind of resources. It's absolutely crippled me morally.
- 9:20Speaker 1: I've won.
- 9:21Speaker 4: Their names are now online put there by the Supreme
- 9:24Speaker 4: Court of Melbourne. But I haven't even been compensated for
- 9:28Speaker 4: you Gene, and he signed a confession of sorts and
- 9:31Speaker 4: he's in my documentaries and that happened.
- 9:36Speaker 1: Wow, make it up?
- 9:37Speaker 3: Well, you didn't make it up.
- 9:38Speaker 2: And I think when I see the elements of your case,
- 9:42Speaker 2: the recollection is very striking. You remember the individuals. You
- 9:46Speaker 2: can see the textbook impact on a young child where
- 9:50Speaker 2: you go from being good at school and suddenly your
- 9:54Speaker 2: grades crash, you become uncontrollable, you have all kinds of
- 9:57Speaker 2: issues because you're not being listened to. You're being asked
- 10:02Speaker 2: to sweep this tragic or it was traumatic event under
- 10:05Speaker 2: the carpet.
- 10:06Speaker 4: Crimes, crimes that went on for a week to ten days,
- 10:09Speaker 4: and I reported to the police when I reported three
- 10:13Speaker 4: instances was actually a week to ten days of me
- 10:16Speaker 4: being the honeymoon child of unprotected sex. My brother told me,
- 10:21Speaker 4: and it's assigned Affi David now that they actually rape
- 10:23Speaker 4: me with a stick as well. So when you start
- 10:27Speaker 4: becoming sexually active and you're not stopped, you know, it's
- 10:32Speaker 4: like I wanted to eat chocolates, isn't it. If you've
- 10:34Speaker 4: got a box at chocolates. I mean, you're gonna eat
- 10:36Speaker 4: them till you feel sick of them. And I was
- 10:38Speaker 4: their victim. They were crimes and a child shouldn't be
- 10:41Speaker 4: expected to suck up serious criminal life altering offending. It's
- 10:45Speaker 4: not wrong. And if reporting in the systems that we
- 10:49Speaker 4: have in place worked at and we wouldn't have needed
- 10:51Speaker 4: a raw commission into childhood sexual abuse that ran in
- 10:54Speaker 4: Australia for five years and not being sexist, just being
- 10:58Speaker 4: factually it was fundamentally called for boys. The statistics will
- 11:01Speaker 4: show there are more girl victims than boy victims. But
- 11:05Speaker 4: society and I understand it, have great empathy towards a
- 11:08Speaker 4: young boy that sexually views because it interferes with his
- 11:11Speaker 4: natural masculinity as he's growing up. But to a child
- 11:15Speaker 4: of seven, it doesn't matter whether you're a girl or boy.
- 11:18Speaker 4: The damage is just it doesn't matter that your gender,
- 11:22Speaker 4: The damage is just horrific. And I know because I
- 11:26Speaker 4: have the lived experience, and I call myself a sexpert.
- 11:30Speaker 4: I've done this, I've had an interest in this, and
- 11:33Speaker 4: I'm very passionate about it. Since the age of seven.
- 11:38Speaker 2: I've been calling out for people to come forward with
- 11:40Speaker 2: these stories since I spoke to Fleur.
- 11:44Speaker 3: If you remember from another episode.
- 11:46Speaker 2: I do that, yes, and the stories are strikingly similar.
- 11:52Speaker 2: Young women, young girls being sexually assaulted, their families, not
- 11:59Speaker 2: wanting to cause a fuss, not wanting to get the
- 12:02Speaker 2: police involved, the victims holding off getting any police action
- 12:08Speaker 2: involved for decades, and then later on going what the hell,
- 12:14Speaker 2: why have I kept quite all these years?
- 12:18Speaker 1: And then going to the police.
- 12:21Speaker 2: For somebody else, to protect somebody else, and particularly when
- 12:23Speaker 2: it's protecting a mother or a father, or the church
- 12:26Speaker 2: congregation or the next or neighbors, whoever it is, and
- 12:29Speaker 2: then trying to get justice, being told that yes, we
- 12:35Speaker 2: take historical sexual assault cases seriously, but then coming up
- 12:40Speaker 2: against all kinds of roadblocks and people say, why did
- 12:44Speaker 2: you wait so long?
- 12:46Speaker 5: And I think that's the answer, is that this is
- 12:50Speaker 5: always what's being asked of people, and I think it's
- 12:51Speaker 5: so frustrating. And you're right, young men, boys have had
- 12:56Speaker 5: a lot of coverage of this wordas I think it's become.
- 12:58Speaker 5: I mean, I think if we were at a survey
- 13:00Speaker 5: of young women, I mean, god knows what the percentage
- 13:03Speaker 5: would be, but it's very high, particularly of your generation.
- 13:06Speaker 3: Maybe it's getting better, I don't know.
- 13:08Speaker 4: As an advocate, I would say it's every second woman,
- 13:11Speaker 4: because I'm having these conversations on a daily basis, online,
- 13:15Speaker 4: in person, and I'm really honored to hear the stories
- 13:18Speaker 4: that I've heard, personal stories of people who've never said anything,
- 13:22Speaker 4: but they've never had anyone bowl up to them and say, oh,
- 13:25Speaker 4: I'm a child's six abuse aweness advocate.
- 13:26Speaker 1: Here's my card and.
- 13:28Speaker 4: Then again, you know, I'm just full of all this
- 13:31Speaker 4: trauma and stories to the point, and you would find
- 13:34Speaker 4: the same that you start to see patterns. You just
- 13:37Speaker 4: see patterns of behavior, actions, in actions and regarding people
- 13:42Speaker 4: not reporting or keeping it in the family. I say,
- 13:44Speaker 4: take the personalities out of it. It's crime because it
- 13:48Speaker 4: enables this criminal behavior to just continue unchecked, which is
- 13:53Speaker 4: what happened with Eugene. I know for a fact that
- 13:56Speaker 4: he had other victims, and he was known on the
- 13:58Speaker 4: street as a perpetrator. Why would you stop if you
- 14:01Speaker 4: don't face ramifications from and I mean because he'd been
- 14:04Speaker 4: in Tarana, I've got no doubt he would have been
- 14:07Speaker 4: a victim himself. So it's breaking the cycle by speaking
- 14:12Speaker 4: up about it. But what irks me is that I'm
- 14:14Speaker 4: mad a pocket. I'm mad a pocket. It's destroyed my marriage.
- 14:18Speaker 4: I've got no superannuation and somebody needs to step up,
- 14:22Speaker 4: because if I'm not going to be compensated for the
- 14:24Speaker 4: wealthy one, why aren't I being compensated for the Aboriginal
- 14:29Speaker 4: water of the state of the Victorian government, stolen child,
- 14:32Speaker 4: a person they couldn't control. He was the only one
- 14:36Speaker 4: that my investigation showed escape from not one but two
- 14:40Speaker 4: Romand centers in nineteen sixty eight. Why am I having
- 14:44Speaker 4: to investigate my own case, which is in the end
- 14:47Speaker 4: pretty much what I've done. What are the police get
- 14:50Speaker 4: paid for?
- 14:51Speaker 2: Let's work through what happened in the criminal investigation into
- 14:54Speaker 2: your case.
- 14:54Speaker 3: What happened I.
- 14:56Speaker 4: Reported on the fourteenth of the fifth twenty fourteen, and
- 15:00Speaker 4: honestly it was the first time in detail that I've
- 15:03Speaker 4: actually spoken about what happened to me. I've just reiterated
- 15:06Speaker 4: that I only stated three cases of digital rape, sexual
- 15:10Speaker 4: abuse by Eugene on the first night, and a gang rate.
- 15:14Speaker 4: I remember the policeman said to me, you know for
- 15:17Speaker 4: the gang rap, did they penetrate you? And I grew
- 15:19Speaker 4: up in this really holy I'm a prude, Adam. I
- 15:24Speaker 4: was never promiscuous, and I remember just thinking, I'm not
- 15:28Speaker 4: going to answer that question.
- 15:29Speaker 1: I was seven, I was a child.
- 15:32Speaker 4: I'm not going to sit here with a grown adult
- 15:34Speaker 4: man and answer that question. I just pulled the blind down.
- 15:37Speaker 4: I didn't answer that question. I just didn't want to
- 15:40Speaker 4: talk about it. Why would you? At that point, I
- 15:43Speaker 4: hadn't had any counseling or therapy, so I wasn't practice.
- 15:47Speaker 4: You get quite emotional, and he said to me, what
- 15:50Speaker 4: do you hope to achieve? And I couldn't answer him,
- 15:52Speaker 4: but in my head I just thought, jeez, it'd be
- 15:55Speaker 4: nice to talk about this without sucking, because I literally
- 15:59Speaker 4: couldn't have a normal conversation because it was so traumatic.
- 16:04Speaker 4: I'm kickings, aren't I? Because now I can just talk
- 16:07Speaker 4: about it. This happened to me. I'm sharing what happened
- 16:10Speaker 4: to me. All victims, when they speak, will tell you
- 16:14Speaker 4: the same thing that they don't want it to happen
- 16:15Speaker 4: to other children. And if their voice and their lived
- 16:18Speaker 4: experience helps, well, I'm putting it out there because young
- 16:22Speaker 4: children getting through their childhood safe and sexually safe is
- 16:27Speaker 4: more important than my little feelings. So yes, the investigation
- 16:32Speaker 4: went to Perth from the detective in Morabin, and then
- 16:36Speaker 4: it all just completely went dead and quiet, and I
- 16:39Speaker 4: was even thinking, you know, dark thoughts, like has this
- 16:42Speaker 4: wealthy person been able to make this go away? Because
- 16:46Speaker 4: they're just hot cold with their investigation. One minute it's shut,
- 16:50Speaker 4: the next minute it's open. Next minute he understands that
- 16:53Speaker 4: I'm starting to do stuff, and then he reopens the case.
- 16:57Speaker 4: He took him a year and a half nearly to
- 17:00Speaker 4: find Eugene. I wasn't active on social media by choice.
- 17:04Speaker 4: I was a private person, and I got on Facebook
- 17:06Speaker 4: pretty much found him in ten minutes.
- 17:08Speaker 1: Adam.
- 17:09Speaker 4: That just sickened and disgusted me. It was just a
- 17:13Speaker 4: very clear we're just pretending to investigate, We're not actually
- 17:17Speaker 4: really going to do anything.
- 17:20Speaker 2: But so in the end the case goes no further.
- 17:22Speaker 2: It's sort of closed, is that right?
- 17:24Speaker 4: No, well, it was closed until he realized that I
- 17:27Speaker 4: was doing stuff, and then he reopened it and in
- 17:30Speaker 4: the meantime I had started legal proceedings. So after the
- 17:34Speaker 4: Royal Commission, one of the recommendations was it's an average
- 17:38Speaker 4: of thirty three years of children speaking up.
- 17:41Speaker 1: Mine was a little bit longer.
- 17:42Speaker 4: I still had young children at home and it impacted
- 17:45Speaker 4: on my parenting, and it impacted greatly financially because I
- 17:49Speaker 4: was still at school. I had to sell a unit
- 17:51Speaker 4: to pay my police identified perpetrator and they called it
- 17:56Speaker 4: my income and I had to pay seventeen thousand dollars
- 18:01Speaker 4: of what the children had received for schooling, part A
- 18:05Speaker 4: tax and part B. So the financial bird was immense
- 18:09Speaker 4: and it still is today.
- 18:11Speaker 3: You paid that to the perpetrator, yeah, in.
- 18:13Speaker 1: A personal check.
- 18:14Speaker 4: So how well I sued him unsuccessfully, so even though
- 18:19Speaker 4: they'd changed the statue of limitations laws and turns.
- 18:22Speaker 1: Out I was the test case.
- 18:24Speaker 4: He appealed and a county court woman judge looked at
- 18:26Speaker 4: it and ruled that we go on to trial. And
- 18:29Speaker 4: because he had the money, he appealed to the Court
- 18:32Speaker 4: of Appeals in two parts, one to get it thrown
- 18:35Speaker 4: out and the other one to get his identity hidden.
- 18:38Speaker 4: And I couldn't afford to fight both and lose both,
- 18:42Speaker 4: so I just fought to get him into court. And
- 18:44Speaker 4: I had empathy for the fact that they were only fourteen,
- 18:47Speaker 4: even though I was only seven.
- 18:48Speaker 1: And there was two of them.
- 18:50Speaker 4: I wasn't out to crucify or dirty his good name,
- 18:54Speaker 4: whatever may be. But when the judges ruled in his
- 18:58Speaker 4: favor that I couldn't sue him, they said it would
- 19:01Speaker 4: be an abusive power. The real abusive power was two
- 19:04Speaker 4: fourteen year old with a seven year old and I
- 19:08Speaker 4: had a bill of one hundred and twenty thousand payable
- 19:10Speaker 4: to him and his lawyer, who threatened me in person
- 19:14Speaker 4: and online. He hired a law firm to pursue me.
- 19:17Speaker 4: I just opened up my emails one day and there's
- 19:19Speaker 4: a bill for one hundred and twenty thousand from this
- 19:22Speaker 4: other law firm, and I just rang them and said,
- 19:25Speaker 4: I want to speak to the principal who I got
- 19:27Speaker 4: and I just said, you've just sent me a bill
- 19:29Speaker 4: for one hundred and twenty thousand. If you don't know
- 19:32Speaker 4: what it's for, I suggest you google it and do
- 19:34Speaker 4: not contact me again. And he didn't. They didn't pretty
- 19:38Speaker 4: decent of them, really. I just said, cease and desist.
- 19:42Speaker 4: Even though I'm uneducated, I've seen these things. I've heard
- 19:46Speaker 4: this terminology.
- 19:47Speaker 2: So you left school at the age of twelve, Maria
- 19:49Speaker 2: because of this abuse, didn't you?
- 19:51Speaker 4: Yeah, twelve midterm And mum had taught hsc VCE when
- 19:56Speaker 4: she was twenty one. Clearly a woman who believed in
- 19:59Speaker 4: education for girls who leaves school at twelve, you know.
- 20:03Speaker 4: And when I went to core for I went and
- 20:05Speaker 4: worked with racehorses. When I went there, I realize now,
- 20:09Speaker 4: And not only do I realize now, Adam, but it's
- 20:12Speaker 4: coming out constantly. I was surrounded by abuse, young people
- 20:18Speaker 4: finding solace and soothing themselves with working with horses. And
- 20:22Speaker 4: there's been two cases recently from Corfield at that time.
- 20:26Speaker 4: Historic cases just pop up, people that I know. You
- 20:31Speaker 4: get perpetrators, you get victims, and the perpetrators are always bigger, stronger, older, wealthier,
- 20:38Speaker 4: more powerful, etc.
- 20:40Speaker 1: That's how it works. But victims are fighting back.
- 20:46Speaker 6: Yeah, yours is a caution retail, Marita, because I've spent
- 20:51Speaker 6: years telling people they should bring these historic sexual assault
- 20:55Speaker 6: cases to police and to fight them.
- 20:57Speaker 2: And that's every fiber of my body says justice should
- 21:00Speaker 2: be done. But when you look at the statistics, it's
- 21:04Speaker 2: one or two percent of these cases come to a conviction.
- 21:07Speaker 4: And so you flip that that's a guaranteed ninety nine
- 21:10Speaker 4: percent fail.
- 21:11Speaker 2: Yeah, and so you're one of the few that continues
- 21:14Speaker 2: to fight. You make a civil action which breaks the bank.
- 21:19Speaker 2: And I mean, would you do anything differently now, I mean,
- 21:22Speaker 2: is a silly question.
- 21:24Speaker 4: Yes, I'm glad you asked me that I would have
- 21:26Speaker 4: hired a private investigator. And that's what I would recommend
- 21:29Speaker 4: people do. And of course, now we've got the power
- 21:32Speaker 4: of social media, so I tell people, whether it be
- 21:35Speaker 4: religion or social media, take the best and leave the rest.
- 21:38Speaker 4: Because people are very hostile about the damage it does
- 21:41Speaker 4: to children. But the flip side is it can also
- 21:44Speaker 4: give victims the voice, and it also is great entrapment
- 21:48Speaker 4: for perpetrators. Like we had a case here in balorat
- 21:51Speaker 4: high school not long ago where our children went. Lovely man,
- 21:54Speaker 4: lovely teacher and the day the police knocked on his
- 21:57Speaker 4: door for inappropriate relations with the student, they seized his devices.
- 22:01Speaker 4: She was all over over. He resigned that day. The
- 22:04Speaker 4: victim families tied ribbons at the school and the school
- 22:07Speaker 4: left them there. The school took full ownership. They made
- 22:10Speaker 4: a statement, I mean, you look at the other Elstenwick case.
- 22:14Speaker 4: She's facing seventy four charges and the school board helps
- 22:18Speaker 4: her flee in the middle of the night to protect
- 22:20Speaker 4: their good name. Well, actually, if you had any brains,
- 22:23Speaker 4: your good name would be to frog march her down
- 22:25Speaker 4: and ander over.
- 22:25Speaker 1: To the police.
- 22:27Speaker 4: It's ridiculous. And then the law didn't bring her back.
- 22:30Speaker 4: Her victims board her back. They used their civil payouts
- 22:33Speaker 4: to film her secretly, and the victims do all the
- 22:37Speaker 4: heavy lifting. That story has just been released on a
- 22:40Speaker 4: documentary on Netflix. But as a victim, I've had to
- 22:44Speaker 4: make my own documentaries. Nobody's stepped up. I've had to
- 22:48Speaker 4: go out on a limb big time.
- 22:52Speaker 3: Well, you're full of dash.
- 22:53Speaker 2: You made that documentary You be the Judge, which is
- 22:56Speaker 2: one awards, and it's a stark tilling of this tale.
- 23:01Speaker 2: And I was particularly interested in your fellow victim advocate,
- 23:08Speaker 2: Ingrid Irwin, I believe her name is, who said she's
- 23:12Speaker 2: a lawyer. She's a lawyer, and she said, don't bother
- 23:16Speaker 2: with the legal route. You're better off looking at counseling route,
- 23:20Speaker 2: the medical route.
- 23:22Speaker 3: What do you think of that?
- 23:23Speaker 2: Now?
- 23:24Speaker 4: Well, it's really heartbreaking because again I go back to
- 23:27Speaker 4: if you're reporting and you've got a one percent conviction rate,
- 23:30Speaker 4: that's a guaranteed ninety nine percent failure rate. And if
- 23:34Speaker 4: you look at it and do the work, this is
- 23:36Speaker 4: a worldwide You know, you've got Bill Cosby, You've got
- 23:39Speaker 4: six decades, sixty victims, and I think he's free now.
- 23:44Speaker 1: Now why is he freeze? Because he's wealthy.
- 23:47Speaker 4: I mean his enablers were medical practitioners allowing him to
- 23:51Speaker 4: purchase drugs for his date raping. And you know you
- 23:54Speaker 4: could be giving them to your daughter, Adam, and she
- 23:56Speaker 4: might be on medication for epilepsy.
- 23:59Speaker 1: You know.
- 24:00Speaker 4: Now they're saying, oh, release the list, release the list
- 24:02Speaker 4: for Ebstein and I'm like, dam bat lists. Just lock
- 24:06Speaker 4: up perpetrators because miners cannot consent. Oh, it's just ridiculous
- 24:11Speaker 4: when you look at it, you know. And you had
- 24:13Speaker 4: the premiere at the heart of the Royal Commission saying
- 24:17Speaker 4: we see.
- 24:17Speaker 1: You, we hear you, we believe you. How does that help?
- 24:21Speaker 2: What struck me in your documentary was the extent you
- 24:25Speaker 2: went to to get to the perpetrators you found, Eugene
- 24:30Speaker 2: love it.
- 24:31Speaker 3: How did you do that?
- 24:32Speaker 4: I went on Facebook co covertly, just putting little posts
- 24:36Speaker 4: up and it happened really quickly. Three women from various
- 24:41Speaker 4: backgrounds just.
- 24:42Speaker 1: Got behind me. I didn't know them.
- 24:45Speaker 4: Somebody local asked me to meet them at the local shop,
- 24:48Speaker 4: and I didn't know who I was going to meet.
- 24:50Speaker 4: They had an alias on and I just had put
- 24:54Speaker 4: enough out there for people that she was beautiful. Actually,
- 24:57Speaker 4: it's been some really wonderful parts, heartwarming that while these
- 25:03Speaker 4: women were on the street in Collingwood discussing what's the
- 25:06Speaker 4: best thing to do because they knew him as they
- 25:08Speaker 4: were a little bit frightened of him, he was in
- 25:11Speaker 4: a mobility scooter and while they were discussing the best way,
- 25:14Speaker 4: and they were liaisoning was someone that knew him who
- 25:18Speaker 4: was in Werribe, and that person was offering to come.
- 25:20Speaker 4: In which case we do have to stand in the
- 25:22Speaker 4: street and wait while this person came. And while they
- 25:26Speaker 4: were discussing what's the best thing to do, I just
- 25:28Speaker 4: went to him and he was parked in front of
- 25:30Speaker 4: a tab and I've got a photo of that, and
- 25:33Speaker 4: it's just so weird. And he used to follow Gary
- 25:36Speaker 4: and Sebastian Murphy, so he was pretty excited.
- 25:39Speaker 1: To meet me.
- 25:40Speaker 4: But there was a hidden agenda and he came my way.
- 25:43Speaker 4: He didn't know about the court case. He'd been interviewed
- 25:47Speaker 4: by the police. And when I said to him, I've
- 25:51Speaker 4: publicly named you as raping me as a child, and
- 25:54Speaker 4: it's online and it'll be online forever, he just came
- 25:57Speaker 4: my way. I just felt he was like butter. He
- 26:01Speaker 4: was a really smart person. And his former wife had
- 26:05Speaker 4: lived in a car with her family growing up and
- 26:08Speaker 4: become Victoria's first registered Indigenous female barrister.
- 26:14Speaker 1: It's that amazing, it is.
- 26:16Speaker 3: And he freely admitted. He freely admitted his involvement in
- 26:19Speaker 3: the offenses.
- 26:20Speaker 1: Yes, and I've been seeking.
- 26:22Speaker 4: I went and met a lawyer last year in Melbourne
- 26:25Speaker 4: from a different law firm, and he said, if you
- 26:27Speaker 4: can get his criminal record and his juvenile delinquent files
- 26:31Speaker 4: and I look at them, I might be able to
- 26:33Speaker 4: bring a case on your behalf. So I emailed my
- 26:38Speaker 4: socket detective that day immediately and straightway he responded and said, no,
- 26:43Speaker 4: can't help. So I contacted Anthony Carbine, so he's the
- 26:47Speaker 4: Minister for Police, Crime, Prevention and Racing and his aide
- 26:52Speaker 4: i'd met who had previously worked at the ballot at
- 26:55Speaker 4: Turf Club and they've just stonewalled me.
- 26:58Speaker 1: I've just been down.
- 26:59Speaker 4: Every rabbit hole, I've chased every and of to date
- 27:03Speaker 4: nothing I think.
- 27:05Speaker 2: You've done more than going rabbit holes. You've dug your
- 27:08Speaker 2: own tunnels. You've done your best. And I wonder why
- 27:12Speaker 2: why wasn't Eugene then charged. If you've got someone that
- 27:15Speaker 2: you've got him on tape confessing.
- 27:17Speaker 1: To so weird, it's so weird. And it was so
- 27:21Speaker 1: good of him, you know.
- 27:22Speaker 4: It really warmed my heart and it helped heal the
- 27:26Speaker 4: private racial vilification that I hid within me, him being
- 27:31Speaker 4: the first Aboriginal that I'd ever met. I also read
- 27:34Speaker 4: a book called Jackson's Track, and it allowed me. When
- 27:39Speaker 4: you're just internalizing everything, you're kind of not healing. So
- 27:42Speaker 4: in that way, even though I kind of poohood therapy
- 27:46Speaker 4: and I am in therapy, I went yesterday funded by you,
- 27:49Speaker 4: the taxpayer, my pleasure, thank you, by the Melbourne Magistrates'
- 27:53Speaker 4: Court to the tune of over six thousand dollars, which
- 27:56Speaker 4: I was pretty annoyed because given that my trauma now
- 28:00Speaker 4: is mostly financial, and I am grateful that they have
- 28:04Speaker 4: helped definitely. And I mean even if you're just using
- 28:07Speaker 4: the system as an advocate to know how to help others,
- 28:11Speaker 4: that's useful as well.
- 28:14Speaker 2: And you say you had rejected the idea of therapy
- 28:17Speaker 2: before this, why was that?
- 28:19Speaker 4: Well, I was busy and I couldn't afford it. I
- 28:21Speaker 4: still had children at home. When all this, you know,
- 28:25Speaker 4: the body keeps the score and the trauma comes back,
- 28:27Speaker 4: so as much as people try, often when it comes
- 28:31Speaker 4: back and it resurfaces, people have a breakdown. So it
- 28:35Speaker 4: all kind of goes hand in hand if you read
- 28:38Speaker 4: the stories like Blood on the Rosary is a perfect example,
- 28:41Speaker 4: which was based at Rupertswood's Alesian College and my brother
- 28:45Speaker 4: Bernard had been a border there as dad was dying,
- 28:49Speaker 4: so we all kind of put our heads together and
- 28:52Speaker 4: wonder if he was abused.
- 28:53Speaker 1: But he denies it.
- 28:54Speaker 4: But often people will deny it because you're not trying
- 29:00Speaker 4: to remember, you're trying to forget.
- 29:03Speaker 2: In your documentary the Judge, there's sections that you're there
- 29:07Speaker 2: with your husband and he's explaining the impact it's had
- 29:12Speaker 2: on him. I think at the time of the documentary
- 29:14Speaker 2: you were sort of living in the house together, but
- 29:16Speaker 2: your marriage was effectively over. And he looks like a
- 29:19Speaker 2: nice guy for all I can see, and it's just
- 29:22Speaker 2: taken a massive toll on him and you, Yeah, I'm
- 29:24Speaker 2: very sorry for that.
- 29:26Speaker 4: Well, I owe him fifty thousand dollars and I won't
- 29:28Speaker 4: stop until I get it back, and pain like he's
- 29:30Speaker 4: worked very hard, diligently, well respected for forty years in racing,
- 29:36Speaker 4: followed by two ambulances getting up at three and four
- 29:39Speaker 4: in the morning as I have, and that money's not
- 29:43Speaker 4: easy to come by when you have to work for
- 29:45Speaker 4: it seven days a week like that.
- 29:47Speaker 1: So it really irks me.
- 29:48Speaker 4: And I hope that this guy's family and I've had
- 29:52Speaker 4: people contact me convertly.
- 29:55Speaker 1: They're frightened of him. I'm not.
- 29:57Speaker 4: You know, the truth hurts some people. So if he
- 30:00Speaker 4: doesn't want to admit it and fix the situation, maybe
- 30:03Speaker 4: the next generation will say, well, that happened at Grandma's house,
- 30:07Speaker 4: and obviously the woman's telling the truth, and it's a
- 30:10Speaker 4: women's rights issue. It's bigger than me. I'm just the
- 30:14Speaker 4: bunny bringing it forth. What's the point in changing the
- 30:17Speaker 4: statue of limitations laws for child sexual abuse to then
- 30:21Speaker 4: say it's too long ago. If I go to court
- 30:24Speaker 4: and my evidence is given and I've failed due to
- 30:26Speaker 4: the passage of time, at least you've had a hearing.
- 30:29Speaker 4: But to have to pay to not be heard, that's
- 30:32Speaker 4: a gracious courage of justice.
- 30:34Speaker 2: And as my life, the whole thing is, And you
- 30:36Speaker 2: can talk about advocating for other people, but it's still
- 30:38Speaker 2: your life, your situation. And you've in a situation where
- 30:42Speaker 2: the police investigations effectively ended your loss of civil cases,
- 30:45Speaker 2: put you well behind the appall financially. What is left
- 30:49Speaker 2: for you to do to get justice in your case?
- 30:53Speaker 4: Well, Eugene backed me into the redress scheme and absolutely
- 30:57Speaker 4: busted my boiler. I got a public petition for that
- 31:01Speaker 4: and I've probably got nearly twelve thousand signatures, and now
- 31:04Speaker 4: I had under on a paper copy including eugenes, and
- 31:08Speaker 4: when submitted it was denied and an appeal was put
- 31:12Speaker 4: in about a year ago, and I haven't heard anything.
- 31:15Speaker 4: And the top amount of money you can get you've
- 31:17Speaker 4: got to have penetration, which I had through digital rape,
- 31:21Speaker 4: is only one hundred and fifty thousands, and nobody gets that.
- 31:25Speaker 4: If I got any compensation from that, it stops any
- 31:28Speaker 4: other legal avenue and it would only be my own
- 31:31Speaker 4: money back, so there'd be no compensation. It would just
- 31:35Speaker 4: purely be my own money back for speaking out. So
- 31:38Speaker 4: it's a smelly, smelly redress scheme. Why do they call
- 31:42Speaker 4: it a scheme? You know it's just insulting to victims.
- 31:46Speaker 4: But maybe, you know, if the family feel heat from me,
- 31:52Speaker 4: maybe someone's somewhere along the line will do the right
- 31:55Speaker 4: thing and give back my money and maybe even some compensation.
- 31:59Speaker 4: But at the end of the day, if I can
- 32:01Speaker 4: live an ease and function, it's only money. I would
- 32:06Speaker 4: like my money back. I shouldn't be able to pocket
- 32:09Speaker 4: for merely telling the truth. And if the opp aren't
- 32:14Speaker 4: going to bring a case on my behalf, and that
- 32:16Speaker 4: that is beyond reasonable doubt. Well, let me go civil,
- 32:21Speaker 4: which is in all probability. Nobody. I've been shunned in
- 32:24Speaker 4: lots of areas, but nobody's called me a liar.
- 32:29Speaker 2: Yes, I don't think you're going away, Mariata. And I
- 32:31Speaker 2: really appreciate you telling your story, and I wish I
- 32:33Speaker 2: could give you more comfort or solution or some advice.
- 32:36Speaker 2: But you've done everything you possibly can, including the redress scheme.
- 32:40Speaker 2: I've heard of boys who were in Taranta and was
- 32:42Speaker 2: simply it he said, versus he said, and they got compensation.
- 32:47Speaker 2: But you're somehow tonight, even when you've got the perpetrator
- 32:50Speaker 2: signing your petition.
- 32:51Speaker 1: What else do you want me to do?
- 32:54Speaker 3: I have no idea.
- 32:55Speaker 2: I have no idea him when and Eugene is now deceased.
- 32:59Speaker 4: Yes, I thought when he passed, I thought, well, he's
- 33:02Speaker 4: gone to meet his maker with a pretty clear conscience.
- 33:05Speaker 1: Though it was pretty good of him too.
- 33:07Speaker 4: He had a young boy, and I'd found the photo
- 33:10Speaker 4: of him and his son, and I took that and
- 33:11Speaker 4: put it under his nose, and you could see he
- 33:15Speaker 4: sort of melted. And I said, you love that little boy,
- 33:17Speaker 4: don't you, and he said yes, And I showed him
- 33:19Speaker 4: picture of me with mum and I said, well, my
- 33:21Speaker 4: mum loved me too, but something awful happened. And as
- 33:25Speaker 4: a child, and the stress that she had with nursing
- 33:28Speaker 4: her husband and then him dying and then leaving her
- 33:31Speaker 4: with children and other stresses like having five boys, getting
- 33:35Speaker 4: cars and licenses and driving and what have you.
- 33:39Speaker 1: I watched her as a child.
- 33:41Speaker 4: She was so upset about what had happened to me
- 33:44Speaker 4: and that she felt like she hadn't been able to
- 33:47Speaker 4: protect me, that she had a complete nervous breakdown, Adam,
- 33:50Speaker 4: and I was the witness to that. No child should
- 33:54Speaker 4: have to go through that either.
- 33:56Speaker 3: The trauma goes on and on and on. Thank you
- 33:58Speaker 3: so much for sharing a story to that, Marita.
- 34:00Speaker 4: Oh, thank you for amplifying it on my behalf and
- 34:05Speaker 4: gutting me speaking and naming names and potentially opening myself
- 34:09Speaker 4: up to litigation while there's another way into court. But
- 34:13Speaker 4: he said he was innocent in the press. But he
- 34:15Speaker 4: hasn't countersued me, which that's good because that would have
- 34:19Speaker 4: been pretty stressful. But I cannot legally threaten him, but
- 34:22Speaker 4: I can threaten myself if it just gets too hard.
- 34:26Speaker 4: I think that they should do the right thing and
- 34:27Speaker 4: try and find a solution which allows me to get
- 34:31Speaker 4: on with the rest of my life. It's heartbreaking, and
- 34:34Speaker 4: I imagine if a me and dollar's compensation came into
- 34:37Speaker 4: the home as opposed to a deficit of one hundred thousand,
- 34:41Speaker 4: everything would have been hunky dory.
- 34:49Speaker 2: That's Ruda Murphy as a cautionary tale historical sexual assault
- 34:53Speaker 2: that goes unpunished. And this really gives me a dilemma
- 34:57Speaker 2: because I've always advised women police are now listening, go
- 35:02Speaker 2: and bring your stories to them, seek justice. But Marita's
- 35:06Speaker 2: story gives me second thoughts, and you should watch her
- 35:09Speaker 2: documentary on YouTube.
- 35:11Speaker 3: You be the judge.
- 35:12Speaker 2: It may well be that you need to consider other avenues.
- 35:17Speaker 2: Maybe it's counseling, but there are so many more people
- 35:20Speaker 2: out there, and I think the best thing we can
- 35:23Speaker 2: do is to have these discussions, and maybe there are
- 35:26Speaker 2: lawyers out there who can find a way around this
- 35:28Speaker 2: in the commercial sphere to make these perpetrators pay where
- 35:33Speaker 2: it hurts from their pocket. If you can't jail them,
- 35:35Speaker 2: at least take their money and compensate the victims.
- 35:39Speaker 3: Like Marita Murphy, if.
- 35:41Speaker 2: You are a victim of this kind of offense or
- 35:43Speaker 2: any others, do call crime stoppers when they're under triple three,
- 35:47Speaker 2: triple zero. You don't at the cops, so they're not
- 35:49Speaker 2: helping you. Send me an email Adam Shanner, writer at
- 35:52Speaker 2: gmail dot com, and I'll do my best to advise you.
- 35:55Speaker 2: I don't want to give you false hope, but I
- 35:56Speaker 2: think the first thing is to find your voice and
- 35:59Speaker 2: tell the story the way Marita has.
- 36:02Speaker 3: Thank you for listening today. This has been Adam shanned
- 36:04Speaker 3: for real crime. Thanks for listening to this episode and
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