Latest / Real Crime with Adam Shand / The Prisoner Who Changed Australian Law
Transcript
- 0:05Speaker 1: Appoche production.
- 0:15Speaker 2: Welcome to Real Crime with Adam Shander.
- 0:16Speaker 3: I'm your host, Adam Shann question for you, how many
- 0:20Speaker 3: prisoners in Australian jails will never be released?
- 0:22Speaker 2: I'll give you some thinking time, wh yar ponder that?
- 0:24Speaker 2: One might surprise you to know.
- 0:28Speaker 3: It's fewer than twenty prisoners in Australia who are serving
- 0:31Speaker 3: life sentences with no possibility of parole. That's out of
- 0:35Speaker 3: a total prison population of more than forty six thousand,
- 0:38Speaker 3: which is incidentally at an all time high. It's about
- 0:41Speaker 3: a thousand people who are serving standard life sentences, but
- 0:44Speaker 3: the vast majority retained the right to apply for release
- 0:47Speaker 3: after serving a minimum non parole period. It's popular in
- 0:50Speaker 3: certain circles to suggest that many more should be locked
- 0:53Speaker 3: up until their death, but does that mean our society
- 0:55Speaker 3: will be any safer. We're seeing acts of parliament to
- 0:58Speaker 3: keep dangerous villains inside increasingly. In nineteen ninety, Victorian Gary
- 1:03Speaker 3: David was the very first prison Australian history to be
- 1:06Speaker 3: held in prison under an Act of Parliament credit specifically
- 1:10Speaker 3: to prevent his release. David never walked free. He remained
- 1:13Speaker 3: under this specialized preventive detention until he took his own
- 1:17Speaker 3: life while in custody in nineteen ninety three. Following his death,
- 1:21Speaker 3: the specific Act lapsed, but the legal president it's set
- 1:24Speaker 3: entirely reshaped Australian law. Neil Cole was the only member
- 1:29Speaker 3: of the Victorian State Labour Caucus to oppose this law.
- 1:32Speaker 3: It's my pleasure to welcome Neil to the Real Crime Studio. Hi, Neil, Hi,
- 1:35Speaker 3: I'm good to be here. My pleasure to see you again.
- 1:39Speaker 3: You are a bit of a polymath. You've written plays,
- 1:42Speaker 3: you've been a member of Parliament, you've been a criminal lawyer,
- 1:45Speaker 3: you started the Flemington Legal Service.
- 1:48Speaker 1: Is there anything you can't do well? I can't get
- 1:50Speaker 1: on at the Melbourne Theater Company. I think I've just
- 1:53Speaker 1: had to accept that I'll be an independent theater for
- 1:56Speaker 1: the rest of my life and happy to be so.
- 1:58Speaker 1: So no, I have got many limitations, but writing the
- 2:02Speaker 1: Place is the one that I've most enjoyed doing. And
- 2:06Speaker 1: it's a great vehicle if you're a colectic polymath, whichever
- 2:10Speaker 1: way put it, because you can research so many different
- 2:13Speaker 1: topics and write about them. So it's good fun.
- 2:16Speaker 2: It is.
- 2:17Speaker 3: We'll talk about your players a bit later. But in
- 2:18Speaker 3: nineteen ninety. You're a member of parliament in Victoria and
- 2:22Speaker 3: this case of Gary David's future came up and you
- 2:26Speaker 3: were the only one in the caucus to oppose it.
- 2:29Speaker 2: Why did you oppose that?
- 2:30Speaker 1: Well, the primary reason was that he was diagnosed with
- 2:34Speaker 1: borderline personality disorder and because the word personality was in there,
- 2:40Speaker 1: they and some psychiatrists about fifty to fifty said it
- 2:44Speaker 1: wasn't a mental illness and they can't treat personalities. My advice,
- 2:49Speaker 1: which was good advice, was that he did have a
- 2:53Speaker 1: mental illness and that borderline personality dore was a bit
- 2:56Speaker 1: of a misnomer. If you have a look at the
- 2:59Speaker 1: symptoms of the illness, it includes moving in and out
- 3:02Speaker 1: of psychosis, and in his case, he was very severely depressed.
- 3:07Speaker 1: He'd be problems with moots wings, self destructive, you know,
- 3:13Speaker 1: cutting off his penis and doing all sorts.
- 3:15Speaker 2: Of twice twice. Yeah.
- 3:17Speaker 1: Well, so to me there was no doubt that he
- 3:20Speaker 1: would fit within the mental honest frame. But it's always
- 3:24Speaker 1: difficult because when lawyers think, we as a lawyer, we
- 3:27Speaker 1: think differently, so we were recused of being lawyers. You know,
- 3:30Speaker 1: your lawyers you always look at this, but I think
- 3:33Speaker 1: the fundamental principle is that a person should do their
- 3:36Speaker 1: time and then they should be released. But there are
- 3:41Speaker 1: people in his case. Certainly he was dangerous. There's no
- 3:45Speaker 1: doubt at all. He was portraying himself as being very dangerous.
- 3:49Speaker 1: He was going to do things that would make the
- 3:52Speaker 1: Jullian Night effort look minor. All this sort of hyperbole
- 3:56Speaker 1: about what he was going to do, and so the
- 3:59Speaker 1: government was forced into a position because I don't know
- 4:03Speaker 1: whether you're aware of it, but initially he was diagnosed
- 4:08Speaker 1: as having a mental illness and certified accordingly. But he
- 4:11Speaker 1: appealed to the Mental Health Review Board and they said
- 4:16Speaker 1: borderline personality isn't a mental illness. So that's what led
- 4:20Speaker 1: to the government being in this position to having to
- 4:22Speaker 1: introduce legislation. But it was a disgrace. The pschiatry profession
- 4:29Speaker 1: was a disgrace in saying that you can't They've said
- 4:33Speaker 1: at one stage they can't treat people at that, which
- 4:35Speaker 1: is utter nonsense. You can treat them, and it could
- 4:40Speaker 1: have been treated. But I doubt that he was so
- 4:43Speaker 1: severely affected by in his whole life. He spent I
- 4:48Speaker 1: think thirty years of his thirty five years in institutions.
- 4:52Speaker 2: Right, So let's get some background here.
- 4:54Speaker 3: He was serving a fourteen year sentence for attempted murder
- 4:59Speaker 3: of people at a pizza shop. He was due to
- 5:02Speaker 3: be released, I think at nineteen ninety three, and there
- 5:07Speaker 3: was an attempt, as you say, to section him and
- 5:10Speaker 3: to keep him involuntary mental patient in the system that failed.
- 5:15Speaker 3: And now there was this Act of Parliament that was
- 5:19Speaker 3: created which would have effectively said that we suspect him
- 5:24Speaker 3: of crimes in the future that he has not yet
- 5:27Speaker 3: committed that we're going to protect the community from. And
- 5:31Speaker 3: I even speaking to a couple of the inmates who
- 5:33Speaker 3: were with him at that time, they said they knew
- 5:37Speaker 3: that he'd made these threats about a huge massacre he
- 5:40Speaker 3: was going to perpetrate in the context of a therapeutic
- 5:45Speaker 3: situation where he was encouraged to talk about his anti
- 5:48Speaker 3: authority urges and thoughts, and this ultimately was used as
- 5:53Speaker 3: a blueprint for what he was going to do when
- 5:56Speaker 3: he was released. He was definitely a difficult character. But
- 6:01Speaker 3: was that legal? Was that fair?
- 6:04Speaker 1: Well? It was legal because they passed the legislation to
- 6:06Speaker 1: say that it was. I don't think there's any doubt
- 6:09Speaker 1: that Gary David should have been held in custody, but
- 6:13Speaker 1: he should have been classified as someone with a very
- 6:16Speaker 1: severe mental illness, namely borderline personality disorder. Nobody today anywhere
- 6:22Speaker 1: would suggest that borderline personality disorder isn't a mental illness.
- 6:27Speaker 1: The term borderline personality disorder is a little bit of
- 6:30Speaker 1: a misnomer. It's just one of those things that it's
- 6:33Speaker 1: like they used to call bipolar mood disutomatic depression and
- 6:37Speaker 1: you change it to bipolar. So it was clearly somebody
- 6:41Speaker 1: who had a very severe mental illness aside from constantly
- 6:46Speaker 1: damaging himself and trying to take his own life and
- 6:49Speaker 1: being severely depressed and having all sorts of problems, and
- 6:54Speaker 1: you can actually treat it, you know where there are
- 6:57Speaker 1: lots of different psychotherapists you can use. But you know, Adam,
- 7:00Speaker 1: one of the worst things about it, apart from the
- 7:02Speaker 1: concept of locking one person up because they're likely what
- 7:06Speaker 1: they might do, and the problem was where does that
- 7:11Speaker 1: end you can start to There's no such idea as
- 7:15Speaker 1: you can give person fifteen years and then they'll get out,
- 7:18Speaker 1: but when it comes to fourteen years and six months,
- 7:21Speaker 1: so no, no, no, we're going to extend it like
- 7:23Speaker 1: it's terribly dangerous to be interfering with the system in
- 7:27Speaker 1: that way.
- 7:28Speaker 3: Well, to me, it actually is troubling in the sense
- 7:31Speaker 3: that we have a presumption of innocence in our legal system,
- 7:35Speaker 3: and surely that must apply it to actually not yet committed.
- 7:39Speaker 3: So this was saying, no, we believe he is dangerous,
- 7:43Speaker 3: he will commit these acts on the basis of what
- 7:45Speaker 3: he said, and therefore this fundamental legal principle is going
- 7:49Speaker 3: to be swept away.
- 7:50Speaker 2: And was only ever used on Gary David.
- 7:54Speaker 1: Well, that shows you how bad it was, because it
- 7:57Speaker 1: was after that they then changed their mind and said
- 8:01Speaker 1: borderline personalities was a mental illness, like it's in the
- 8:04Speaker 1: DSM four treatments, GSM five. Now it's got treatments for it,
- 8:10Speaker 1: you know, psychotherapy, dialectic, there's a whole range of things
- 8:14Speaker 1: you can do for people. You know what I think
- 8:16Speaker 1: they'll add. And one of the worst thing about it,
- 8:18Speaker 1: apart from the criminology and predicting dangerousness, is that it
- 8:23Speaker 1: was so discriminatory because there is about one percent, not high,
- 8:29Speaker 1: of people we've borderline personality disorder in our community. So
- 8:33Speaker 1: what we were saying all them is oh, we can't
- 8:35Speaker 1: treat you. You're not mentally ill. Piss off. You know.
- 8:39Speaker 1: There was a terrible thing to do. And the pschiatry
- 8:43Speaker 1: profession has not exactly covered themselves in glory over the
- 8:48Speaker 1: last fifty years. The problems are just manifest in relation
- 8:53Speaker 1: to psychiatry. But this particular one was just so bad
- 8:59Speaker 1: and said, with the authority of God, but no, it's
- 9:04Speaker 1: not a mental illness and it's got its personality only,
- 9:08Speaker 1: and we can't tach personality. What a terrible thing to
- 9:12Speaker 1: have said. You know, people have got personality disorders can't
- 9:15Speaker 1: be treated. Of course they can be treated.
- 9:18Speaker 3: To be fair, one of his fellow inmates, so I
- 9:20Speaker 3: spoke to you this morning, said he didn't think he
- 9:23Speaker 3: was mad. He thought he's just a bloody nuisance around
- 9:27Speaker 3: the jail, to the point where there were times where
- 9:29Speaker 3: he would go to his cell and take the toilet
- 9:31Speaker 3: paper and seal up the door and turn the taps
- 9:34Speaker 3: on until the water was at the trap level, causing
- 9:36Speaker 3: all kinds of dramas. But the same inmate said when
- 9:40Speaker 3: he got to jail in the late seventies, Gary David's
- 9:43Speaker 3: father Rupert, was in Pentridge as well, and the story
- 9:47Speaker 3: that he'd been told was that Gary David's father had
- 9:52Speaker 3: abused him physically, sexually, emotionally to the point where even
- 9:58Speaker 3: he had nailed his own son's foot. I believe to
- 10:01Speaker 3: the floor that's correct.
- 10:03Speaker 2: A lot of trauma in that.
- 10:05Speaker 1: Absolutely, And you would think given everything that was purveyed then,
- 10:10Speaker 1: in particular, it was sort of like the end of
- 10:13Speaker 1: Freudian analysis at that around that time, and it was
- 10:17Speaker 1: more to psychopharmacologis, you would think that somebody could at
- 10:20Speaker 1: least sit down with him and talk about that, who
- 10:23Speaker 1: was a psychiatrist, But they were saying, no, we can't
- 10:26Speaker 1: do that because it's personality. It was utter rubbish.
- 10:31Speaker 2: You know.
- 10:31Speaker 1: It was as bad as the some of the things
- 10:34Speaker 1: they've done. Look in the old days, the use of
- 10:37Speaker 1: electric shock treatment or insulent therapy, all these things that
- 10:42Speaker 1: they did and were given with the.
- 10:46Speaker 2: Force of God. You know.
- 10:47Speaker 1: The psychiatrist was saying, no, no, no, borderline personnality. We
- 10:50Speaker 1: can't treat personality disorder, just nonsense. And when you say
- 10:54Speaker 1: about him being a pest, he was. I think there's
- 10:58Speaker 1: no doubt he was a nuisance, but he was in
- 11:01Speaker 1: the end he took his own life or I think
- 11:05Speaker 1: she died from peritonite.
- 11:06Speaker 3: He did. He apparently had a well first off, as
- 11:09Speaker 3: we said before, he severed his own penis twice, putting
- 11:12Speaker 3: it on the trap for the waters to find, and
- 11:15Speaker 3: the second time they couldn't sew it back on again
- 11:17Speaker 3: and they gave him a spigot instead, and Chopper Red
- 11:19Speaker 3: gave him the very unflattering nickname of cooler bar like
- 11:23Speaker 3: a wine cast after that.
- 11:24Speaker 2: So he's a person who was deeply disturbed.
- 11:27Speaker 3: He had a criminal background, as you say, he spent
- 11:30Speaker 3: most of his time in institutions, but he had this
- 11:33Speaker 3: terrible trauma in his life that should have been taken
- 11:37Speaker 3: into account. And the funny thing is that Penridge Prison
- 11:40Speaker 3: had one of the most eminent jail psychologists, doctor Alan Bartholomew's,
- 11:45Speaker 3: working there and who was regarded as a very progressive
- 11:48Speaker 3: or very enlightened practitioner. But he didn't come to Gary
- 11:52Speaker 3: David's aid whatsoever.
- 11:55Speaker 1: And he was probably never referred to him because they're
- 11:59Speaker 1: probably saying that he was he was a problem person,
- 12:02Speaker 1: not a mad person. And again it's just the prejudice
- 12:07Speaker 1: that applies. If you ask a psychiatrist with about schizophrenia,
- 12:12Speaker 1: straight away they know what to do if I did
- 12:15Speaker 1: a hypothetical geelong ones. When I asked them about personality,
- 12:20Speaker 1: they undernard and danced around as soon as you mentioned schizophrene.
- 12:23Speaker 1: Oh yeah, we know what to do there. So there
- 12:26Speaker 1: because they can't because they are hard to deal with
- 12:29Speaker 1: people with borderline personality sort of, you know, psychiatrists perhaps
- 12:34Speaker 1: don't want to deal with them. I had a very
- 12:36Speaker 1: dear friend of mine who had bipolar mood disorder who
- 12:40Speaker 1: took her own life. And she was a doctor, and
- 12:43Speaker 1: you know, throughout the period she was just a wonderful woman.
- 12:48Speaker 1: Struck down with this terrible, bloody borderline personality disorder and
- 12:53Speaker 1: she was you know, she'd take on causes, she'd be
- 12:57Speaker 1: at times a bit aggressive and rude and hard to
- 13:01Speaker 1: deal with. But and she didn't get the proper treatment.
- 13:04Speaker 1: They diagnosed her. This is the other thing they do.
- 13:07Speaker 1: Of course, they diagnosed it with bipolar mood disorder when
- 13:10Speaker 1: she didn't have bipolar mood disorder. It was obvious, you know, anybody,
- 13:14Speaker 1: And she got diagnosed with that, and that diagnosis went west.
- 13:18Speaker 1: But all the time, really she needed intensive therapy. And
- 13:22Speaker 1: it's very very hard to do, but it is doable well.
- 13:26Speaker 3: Also the state then had Jayward at Aarrawrat, a psychiatric
- 13:31Speaker 3: division at its disposal. He was there for a while,
- 13:35Speaker 3: but he then he gets put back in mainstream and
- 13:37Speaker 3: H Division the punishment division.
- 13:40Speaker 2: So all along the line.
- 13:41Speaker 3: There isn't an acceptance of his mental health condition which
- 13:47Speaker 3: ultimately he was crying out for help.
- 13:50Speaker 1: Well, back then the treatment of people with mental illness
- 13:54Speaker 1: was pretty ordinary. But the treatment of people outside of
- 13:58Speaker 1: the prison. I remember going when I was a member
- 14:02Speaker 1: of parliament. I'd got to go and visit this guy
- 14:08Speaker 1: who was the brother of a member of our branch
- 14:13Speaker 1: or Collingwood branch was so I went to see him
- 14:16Speaker 1: and he was in G division, the ansipiatric division. Yeah,
- 14:21Speaker 1: and I was a bit up patrick that he was
- 14:22Speaker 1: being held there. He was held in Penridge at all,
- 14:26Speaker 1: and he said, I near, I'd much prefer to be
- 14:29Speaker 1: here than at Larundo.
- 14:32Speaker 3: Which is one of the mental asylums, yeah, which was
- 14:36Speaker 3: a terror place.
- 14:37Speaker 1: Well it was on the start of it was after
- 14:40Speaker 1: the institutionalization, so there weren't many people. But he just
- 14:44Speaker 1: said the treatment I've been given by people was bad.
- 14:47Speaker 1: And he was in prison and he was treated well.
- 14:50Speaker 3: Well because also the trick with when you were sent
- 14:52Speaker 3: to a place like Laryndeal or jay Ward, your prison
- 14:56Speaker 3: sentence would sort of stop, and you were there almost
- 14:59Speaker 3: at the pleasure of the governor or the therapeutic consultants
- 15:02Speaker 3: that would make a decision about you. So it wasn't
- 15:06Speaker 3: necessarily a place you wanted to be sent to if
- 15:09Speaker 3: you wanted to get out anytime soon.
- 15:11Speaker 1: He was more concerned with staying inside and being treated well.
- 15:16Speaker 1: And I think that generally the wardens the prison guards
- 15:20Speaker 1: probably treated people with mental illness a bit better. That
- 15:25Speaker 1: seemed to me what was going on, because they were
- 15:27Speaker 1: there because they were sick, But forensic psochietry prisons just
- 15:32Speaker 1: were so inadequate in those days. I think it's better
- 15:36Speaker 1: now we've got Thomas Embling. The intention is very very good.
- 15:41Speaker 1: Having said that, it's now somewhere between ten and twenty
- 15:47Speaker 1: percent of people in prison in Victoria who've got schizophrenia, Yes,
- 15:52Speaker 1: I've heard that. So if in turns, we've gone from
- 15:56Speaker 1: one direction to the opposite. And a lot of that is,
- 16:00Speaker 1: without putting it too simplistically, a lot of that is
- 16:04Speaker 1: because we do institutionalize people and didn't give them proper support,
- 16:09Speaker 1: and we still don't. So we've just bring through a
- 16:13Speaker 1: massive process with the NDIS, for example, over the treatment
- 16:19Speaker 1: of people with schizophrenia and accommodation. The NDIS was going
- 16:24Speaker 1: to defund our what's called our Havens, which your projects
- 16:29Speaker 1: would people with schizophrenia live in and get twenty four
- 16:32Speaker 1: hour care, and they were chopping it. So we're only
- 16:36Speaker 1: but they've relinquished that idea, thank god, thanks to Mark Butler.
- 16:41Speaker 1: But we're still struggling with them to keep that care.
- 16:45Speaker 1: So and the problem is if you don't, they will
- 16:48Speaker 1: end up in the prisons.
- 16:50Speaker 2: Right.
- 16:50Speaker 3: We did see after your time in government, the Kennet
- 16:53Speaker 3: government come in and they were hell bent on the
- 16:57Speaker 3: institutionalizing mental health patients. And we also saw Victoria police
- 17:02Speaker 3: shoot them in alarming numbers, which led to a reform
- 17:06Speaker 3: I think was Operation Beacon they called it, which was
- 17:09Speaker 3: looking at all the use of force. And so this
- 17:12Speaker 3: question of how we treated mentally ill inmates became a
- 17:17Speaker 3: lot harder, a lot more hard edged, I should say.
- 17:20Speaker 3: But you took the view that the Community Protection Act,
- 17:25Speaker 3: which sounds a bit sinilar to me and a bit Awellian,
- 17:28Speaker 3: was wrong. How was that received by your colleagues? He
- 17:30Speaker 3: must have thought this was a very popular decision to
- 17:32Speaker 3: keep a guy like Gary David who was threatening the
- 17:35Speaker 3: wholesale slaughter once he got out.
- 17:37Speaker 1: I don't think anybody in the cabinet or beyond believed
- 17:41Speaker 1: it was the right thing to do.
- 17:43Speaker 2: They did it because they had to.
- 17:45Speaker 1: They had no choice, because the advice from psychiatrist was
- 17:49Speaker 1: you can't treat it, and this guy was very dangerous.
- 17:52Speaker 1: He was threatening to kill massacre people. I don't think
- 17:57Speaker 1: there's any doubt we had to keep Garry David locked up,
- 18:00Speaker 1: but I don't think anybody really wanted I voted against
- 18:05Speaker 1: it in the caucus. Nobody else did. It was a
- 18:08Speaker 1: cabinet decision, but nobody I know, none of them, Joan Kern,
- 18:12Speaker 1: any of them really wanted to do it. And I
- 18:15Speaker 1: certainly know Jim Kennan, who was the Attorney General. It
- 18:18Speaker 1: was one of his least highlighted moments. I'm pretty sure
- 18:23Speaker 1: he really They did it only because they had to,
- 18:26Speaker 1: and it wasn't just responding to the law.
- 18:32Speaker 2: And order campaign.
- 18:33Speaker 1: It was much more specific and much more fundamental in
- 18:37Speaker 1: our society. Not only that you lock him up, but
- 18:42Speaker 1: that you rule out the treatment of people who've got
- 18:47Speaker 1: a personality disorder. It is utterly disgraceful. But to be
- 18:52Speaker 1: fair to the labor, my labor colleagues, they were only
- 18:56Speaker 1: doing what they were advised to do.
- 18:59Speaker 3: Well, and just on the balance, well, the balance of probabilities,
- 19:03Speaker 3: you couldn't go wrong as cautious as saying let's not
- 19:06Speaker 3: let him out. But I think it also had the
- 19:08Speaker 3: added effect that Gary David never went through any kind
- 19:12Speaker 3: of pre release rehabilitation or treatment or some sort of
- 19:16Speaker 3: plan for once he was free, because he was there
- 19:20Speaker 3: in perpetuity. We only lasted three years, As you rightly said,
- 19:23Speaker 3: he died at peritonitis, having reopened self inflicted wounds on
- 19:28Speaker 3: numerous occasions.
- 19:30Speaker 2: That's not the actions of a well.
- 19:31Speaker 1: Man, no, no. But then they argued, oh, just because
- 19:35Speaker 1: people are cutting their pennis off or damaging their bodies
- 19:39Speaker 1: or doing all this destructive behavior, and on top of
- 19:43Speaker 1: that threatening to carry out mass murders, that he wasn't treatable,
- 19:48Speaker 1: that it wasn't treatable. Therefore, because Gary David's not treatable,
- 19:52Speaker 1: nobody's treated, which is an incredibly terrible thing to have said.
- 19:57Speaker 1: But the other thing to remember this time, labor party
- 20:02Speaker 1: was on the nose. We were the guilty party. Everything.
- 20:06Speaker 1: It couldn't do anything right, you know, including Coote Island
- 20:09Speaker 1: blowing up, and so they fightery. So they'd lost their
- 20:14Speaker 1: nerve and were being just survival mode and so, but
- 20:20Speaker 1: it wasn't anything that they could really get around. You know.
- 20:24Speaker 1: I was the only one who was saying, no, this
- 20:27Speaker 1: is wrong. And then they'd accused me of being a
- 20:30Speaker 1: lawyer because we only had three lawyers in the whole caucus.
- 20:34Speaker 1: That was John Cain, Jim Kennan and me who'd practiced.
- 20:39Speaker 1: So they dismissed it by saying, you're a lawyer. But
- 20:41Speaker 1: in fact it wasn't about being a lawyer. It was
- 20:44Speaker 1: about having an insight into what is mental illness.
- 20:49Speaker 3: Indeed, because self mutilation was regarded by the Waters and
- 20:54Speaker 3: some of the therapeutic staff at Penridge as an active protest,
- 20:58Speaker 3: the people were cutting things off. Chopper Red got his
- 21:01Speaker 3: ears chopped off to get out of h division and
- 21:04Speaker 3: other people were swallow knowing why people were cutting bits off, left,
- 21:07Speaker 3: right and center because the regime was so harsh and
- 21:10Speaker 3: punitive and people lost a sense of dominion over their
- 21:14Speaker 3: own bodies. In addition to the loss of liberty that this,
- 21:17Speaker 3: whether it was bronzing up with your own feces or
- 21:20Speaker 3: cutting part of your anatomy off, was an active protest
- 21:23Speaker 3: where you had dominion over at least.
- 21:25Speaker 1: That it's like without it's like Bobby Sands and them
- 21:30Speaker 1: going on hunger strike was the only way they could
- 21:33Speaker 1: protest it in all nat Yeah. So, but I think
- 21:38Speaker 1: also that people in those days people getting tattoos and
- 21:43Speaker 1: but that doesn't mean that they've got a mental illness
- 21:46Speaker 1: per se, but it means they've got issues which need
- 21:49Speaker 1: to be addressed or if possible, then also there were
- 21:53Speaker 1: some people who are exceptionally violent and what can you
- 21:57Speaker 1: do to treat them even though they're not got a
- 22:01Speaker 1: mental illness?
- 22:02Speaker 3: And the whole system in Victoria and elsewhere across the
- 22:05Speaker 3: actually at the time was very punitive. In fact, Father
- 22:07Speaker 3: Brosnan said of h division, the pantry regim generally get
- 22:10Speaker 3: people going in there as bicycle thieves coming out as murderers.
- 22:13Speaker 3: So I guess to be fair to the authorities to
- 22:16Speaker 3: see a guy like Gary David, who could conceivably be
- 22:20Speaker 3: put in the category of recalcitrant, evil, difficult, self willed prisoners,
- 22:26Speaker 3: would allow them to say well, no, he's not mad,
- 22:28Speaker 3: he's just bad.
- 22:30Speaker 1: It may have, but they're equally if a person had
- 22:33Speaker 1: a psychotic episode, which happens, and they said they were
- 22:37Speaker 1: going to kill someone, they'd be certified straight away, wouldn't
- 22:41Speaker 1: be any doubt about it. And in the case of
- 22:43Speaker 1: Darry gavi and that's what he was saying. Whether it's
- 22:46Speaker 1: psychosis or not doesn't really matter. He was not well,
- 22:50Speaker 1: he was saying all this stuff. There's a strong argument,
- 22:54Speaker 1: I think to say too, Adam, that he didn't want
- 22:58Speaker 1: to get out of prison. He didn't want to get out,
- 23:01Speaker 1: so he did everything he could to keep himself in.
- 23:05Speaker 1: I don't think the parole board would have ever given
- 23:07Speaker 1: him early release, and I don't think he wanted to
- 23:13Speaker 1: be released, so.
- 23:15Speaker 3: It would have happened eventually because Eve anterest about all
- 23:17Speaker 3: prisoners are released, and he would have done his fourteen years.
- 23:20Speaker 1: Why he did all this hyperbole about killing people and
- 23:25Speaker 1: some whatever. But I still come back to the point
- 23:28Speaker 1: that it might not have been a psychotic episode, but
- 23:30Speaker 1: he was certainly unwell and had a mental illness, and
- 23:33Speaker 1: it's a personality disorder, which now everybody accepts.
- 23:37Speaker 3: Well, indeed, and you've got a special interest in this
- 23:40Speaker 3: because you were, I believe, the very first sitting politician
- 23:45Speaker 3: in the world to publicly admit you had a mental illness,
- 23:48Speaker 3: a bipolar disorder diagnosis.
- 23:50Speaker 1: Yeah, I was, I think also it was a member
- 23:55Speaker 1: of parliam victorious, hardly a big thing in the world soon,
- 23:58Speaker 1: but it was really big at the time when I
- 24:03Speaker 1: did it. The circumstances weren't particularly pleasant at the time
- 24:07Speaker 1: for doing it, but the response was unbelievable. Like it
- 24:12Speaker 1: was unbelievable because so many people, I'll say this, people
- 24:19Speaker 1: who were my enemies within the Labor Party and people
- 24:21Speaker 1: who were my enemies in the Liberal Party. I mean ideologically,
- 24:25Speaker 1: all of them came to me. All of them had experience,
- 24:29Speaker 1: and for a lot of people it meant a hell
- 24:32Speaker 1: of a lot to have somebody to say, look, I've
- 24:35Speaker 1: got bipolar mood disorder. I've been the shadow Attorney General.
- 24:38Speaker 1: I've nobody said anything about it until I resigned. But
- 24:43Speaker 1: the important point is that it shouldn't be seen as
- 24:46Speaker 1: a barrier by somebody with bipolar mood disorders more than
- 24:51Speaker 1: capable of being a member of parliament, and or depression
- 24:55Speaker 1: or schizophrenia for that matter. Schizophrena is a tougher gig,
- 25:00Speaker 1: generally than by polar.
- 25:03Speaker 3: Because you were experiencing symptoms presumed through your parliamentary career,
- 25:07Speaker 3: which maybe gave you a little bit more insight when
- 25:10Speaker 3: you're looking into the situation of Gary David.
- 25:12Speaker 1: Are you the biggest problem with bipolar Yes, definitely, although
- 25:16Speaker 1: I hadn't been diagnosed then, so my knowledge of mental
- 25:20Speaker 1: illness was scant. But once I got diagnosed, I became
- 25:24Speaker 1: much more aware of the issues of personality disorder, and
- 25:28Speaker 1: I became much more aware of the nature of depression.
- 25:33Speaker 1: And we're not allowed to use the word intractable or
- 25:37Speaker 1: it's called difficult to treat depression, and I became much
- 25:40Speaker 1: more aware of that. And I realized, certainly looking back
- 25:44Speaker 1: on the stress and strain that political life puts on you,
- 25:48Speaker 1: which is quite unusual.
- 25:49Speaker 2: It's not it's so.
- 25:52Speaker 1: Unpredictable, and you've got to deal with a lot of
- 25:55Speaker 1: different people. You've got a lot of people that are
- 25:58Speaker 1: against you all the time. There's a lot of insincerity
- 26:02Speaker 1: in politics, so they a lot, but it is in sincerity,
- 26:08Speaker 1: you know, you can It's like the Lyndon Johnson line
- 26:11Speaker 1: when he was being criticized and he said, look, back
- 26:14Speaker 1: if I was walking on water, he'd say, because I
- 26:16Speaker 1: can't swim. And if you've got a mental illness and
- 26:19Speaker 1: you get depressed, the worst thing, not the worst thing,
- 26:22Speaker 1: but the single most important thing for people with bipolar
- 26:26Speaker 1: is their high level of empathy, very very high level
- 26:30Speaker 1: of empathy. And if you're in politics, it's very dangerous
- 26:36Speaker 1: because you leave yourself way open because you care about people.
- 26:40Speaker 1: And I recall people coming to see me and you
- 26:45Speaker 1: couldn't do anything about it, and rather than saying, well,
- 26:48Speaker 1: look I can't do anything about it, you get really
- 26:50Speaker 1: upset by it. One a woman came from Frankston any place,
- 26:55Speaker 1: came to see me because her son was prostituting himself,
- 26:59Speaker 1: a fourteen year old boy in Russell Street, which was
- 27:04Speaker 1: at that stage there was a drugs and other things
- 27:07Speaker 1: going on there. And I said to her, look, I
- 27:10Speaker 1: can't do anything. I'm useless. I can't do anything. And
- 27:14Speaker 1: the only advice I could give her was to go
- 27:17Speaker 1: home and to see counseling and wait for him to
- 27:20Speaker 1: come back. So what I'm saying is that I'm not
- 27:23Speaker 1: being self righteous, because most members are feel the same way.
- 27:26Speaker 2: But if you've got that.
- 27:27Speaker 1: Empathy and you're looking at and you look at things
- 27:30Speaker 1: that are wrong, you can't really handle it. I suppose
- 27:35Speaker 1: it's the problem. But on the more important point was
- 27:39Speaker 1: going public. It was so overwhelming with the number of people, police,
- 27:46Speaker 1: people who'd opposed me. So many people were affected by
- 27:52Speaker 1: mental illness, and it's really sad to think that they
- 27:58Speaker 1: just incredible, incredible, and I think it was an incredible
- 28:02Speaker 1: watershed for people that were saying, well, just having a
- 28:06Speaker 1: mental illness doesn't mean you can't fulfill a good and
- 28:10Speaker 1: purposeful life, however difficult it might be.
- 28:13Speaker 3: Well, I think we've come a long way, and I
- 28:15Speaker 3: think that's generally accepted, and I think that's certainly the case.
- 28:19Speaker 3: Speaking of watersheds, so this Community Protection Act was a
- 28:22Speaker 3: watershed in Australian legal history.
- 28:24Speaker 2: And you're the lawyer, you can probably explain this better
- 28:26Speaker 2: than I.
- 28:27Speaker 3: But we've seen similar sort of legislative efforts to keep
- 28:31Speaker 3: people in jail, like Julian Knight, the Hot Street Killer
- 28:35Speaker 3: and Craig Minogue, and I think the public is very
- 28:38Speaker 3: much in favor of that style of legislation where we
- 28:42Speaker 3: will again use that same principle of trying to predict
- 28:46Speaker 3: future actions that people have not yet crimes not yet committed,
- 28:50Speaker 3: and removed the presumption of innocence. So we're still dealing
- 28:53Speaker 3: with the same issue in our system today we are,
- 28:56Speaker 3: and I don't.
- 28:56Speaker 1: Think it's going to change what worries me. More like
- 29:00Speaker 1: the Julian Night case. I wouldn't let you out myself,
- 29:05Speaker 1: and I think most people would think to do what
- 29:07Speaker 1: he did to kill six people, you know, it's not
- 29:10Speaker 1: really something that you could really redeem yourself from, I suppose,
- 29:15Speaker 1: which goes against everything I would normally say and believe,
- 29:18Speaker 1: but that is a particularly bad example of it. But
- 29:23Speaker 1: the way the law and ordered debate has gone that
- 29:27Speaker 1: there's bussing anything could happen. That's my fear. There would
- 29:32Speaker 1: be another government like the Caine Kernel government that was
- 29:36Speaker 1: forced to make a decision that locks somebody up. And
- 29:41Speaker 1: when you've got governments making decisions to lock individuals up,
- 29:45Speaker 1: then it's very very bad. I think if there are
- 29:49Speaker 1: people who are too dangerous to be released, even if
- 29:53Speaker 1: they're not mentally ill, unfortunately they are going to have
- 29:57Speaker 1: to do that. They're going to have to say no,
- 29:59Speaker 1: you can't, you can't be released. It's a bit different
- 30:02Speaker 1: within the case of somebody who's killed six people. I
- 30:05Speaker 1: think it's a bit different from the dangerousness of a
- 30:09Speaker 1: Gary David, you know, I think, but it's very worrying
- 30:15Speaker 1: because of the total abrogation of civil liberty.
- 30:20Speaker 3: Well, we either have a presumption of innocence or we don't.
- 30:22Speaker 3: And I think this idea that governments in the Parliament
- 30:26Speaker 3: can intervene in that the specific cases. I mean, in
- 30:29Speaker 3: the case of Julian Night, there's no doubt it was
- 30:32Speaker 3: a mad act, a horrific, unrepenting mad act, but it
- 30:37Speaker 3: wasn't an act of.
- 30:37Speaker 2: Madness, No, no, not at all.
- 30:39Speaker 3: It was an act of madness, and he tried to
- 30:41Speaker 3: think at one stage, he tried to pretend that it
- 30:43Speaker 3: was that he was being dictated to by aliens or
- 30:46Speaker 3: something or other, and there was an attack on Hoddle
- 30:49Speaker 3: Street there at Clifton Hill and he needed to act
- 30:51Speaker 3: and it was all just rubbish.
- 30:53Speaker 2: It was deep immaturity. And I guess the problem that
- 30:55Speaker 2: we have is.
- 30:56Speaker 3: That the jails are full of people with mental disorders,
- 31:00Speaker 3: whether they're diagnosed or not, and the experience of being
- 31:04Speaker 3: in jail can cousen people's mentality, can remove their empathy,
- 31:11Speaker 3: and these psychopathic tendencies can come to the fore. And
- 31:15Speaker 3: the whole debate we have right now is to lock
- 31:17Speaker 3: them up for longer, lock them up harder, less liberties,
- 31:21Speaker 3: no parole, all this type of thing, all these sort
- 31:23Speaker 3: of populist tactics. Are we just preparing ourselves for criminals
- 31:29Speaker 3: who are coming out harder, badder, and with a.
- 31:34Speaker 2: Chip on their shoulders.
- 31:34Speaker 1: It's nothing new. Like when I was growing up, We've
- 31:37Speaker 1: everybody said that jail was the best place to go
- 31:40Speaker 1: if you wanted to train criminals, and unfortunately is a
- 31:44Speaker 1: reality and a lot of people go to jail with
- 31:48Speaker 1: mental illnesses. Shouldn't be in jail, but there's a lot
- 31:51Speaker 1: of people who are bad buggers. What do you do
- 31:53Speaker 1: about the best Well, I think it's got to be more.
- 31:55Speaker 3: I think, particularly for younger offenders now, and we're seeing
- 31:58Speaker 3: a rash of teenagers or just over the age of
- 32:02Speaker 3: criminal responsibility now ending up and we're going to have
- 32:04Speaker 3: adult time for adult crimes in Victoria. I think we
- 32:08Speaker 3: need to look at other methods incarceration that don't harden
- 32:13Speaker 3: people and end up with that college of knowledge type
- 32:15Speaker 3: approach where people go in low level criminals come out hardened,
- 32:19Speaker 3: angry with I said, against society.
- 32:22Speaker 1: I agree, and I always have And the only way
- 32:25Speaker 1: to resolve it is to put more money into prisons,
- 32:28Speaker 1: I suppose. But the problem for any government is the media.
- 32:34Speaker 1: So if you've got machete attacks or you've got something
- 32:37Speaker 1: else going on, people think, like I had one client
- 32:41Speaker 1: who was stabbed to death. I had another three clients
- 32:44Speaker 1: who actually stabbed somebody to death. That was and that
- 32:47Speaker 1: was in nine point eighty one, eighty two eighty three.
- 32:52Speaker 1: We had gangs, There was problems with the Phlem Boys
- 32:56Speaker 1: and the Broady Boys and all this stuff. None of
- 32:58Speaker 1: that really happens anymore, but you know, the night so
- 33:03Speaker 1: it's always been the same.
- 33:06Speaker 2: Yeah, And people sort of forget that.
- 33:07Speaker 3: The early eighties there was a peak of violent crime
- 33:11Speaker 3: in our society, and we've seen it been falling gradually
- 33:15Speaker 3: ever since. There was a spike at the last couple
- 33:16Speaker 3: of years. But in fact, while all thish theory has
- 33:19Speaker 3: been going on about arsons and machete attacks and things,
- 33:22Speaker 3: the crime rate has actually fallen. But I think, as
- 33:25Speaker 3: you well know, the perceptions are the reality. And if
- 33:28Speaker 3: your neighbor's house is burning, you can't feel safe.
- 33:31Speaker 1: I think it's a genuine fear and concern, like they're
- 33:35Speaker 1: bloody young blakes with machetes. You know, they ought to
- 33:38Speaker 1: be bloody, looked up, they're stupid. But then to people,
- 33:43Speaker 1: we forget that with all these people said, oh, you know,
- 33:47Speaker 1: organized crime's terrible at the moment, and I said, look,
- 33:51Speaker 1: my understanding of organized crime, which is quite extensive, is
- 33:55Speaker 1: that if they're blowing up and killing people, they're not
- 33:58Speaker 1: very well organized. There's something very wrong going on. And
- 34:02Speaker 1: to think it was a they picked up us sixteen
- 34:05Speaker 1: or seventeen year old who's involved with blowing things up,
- 34:10Speaker 1: it's not organized crime. There's something else happening. And we
- 34:15Speaker 1: must look at that and say, well, cigarettes become a
- 34:20Speaker 1: tradable commodity, look what happens. But then we don't have
- 34:25Speaker 1: bank robberies anymore. Burglaries are way down because what do
- 34:30Speaker 1: you do, And once upon a time, stealing a color
- 34:33Speaker 1: of TV was currency about forty fifty Now who care?
- 34:37Speaker 1: You know you pick them up in the street. Basically
- 34:40Speaker 1: people put them out. So there's a lot of changes.
- 34:44Speaker 1: But equally, there's a lot of white collar crime on
- 34:48Speaker 1: the phone, people doing things to deceive people into giving
- 34:52Speaker 1: their money. Away, there's a different type of crime, and
- 34:56Speaker 1: there's still the same violence amongst young people with machetes
- 35:00Speaker 1: or knives whatever. It's all all the same. But the media,
- 35:05Speaker 1: and it's always been the case, the law in order
- 35:08Speaker 1: to lobby debate is very emotional, very very instantaneous too.
- 35:14Speaker 1: It's straight away, as soon as something happens, it's on
- 35:18Speaker 1: the well.
- 35:19Speaker 3: I think we've seen a certain loss of community spirit,
- 35:22Speaker 3: and what I mean by that is that there's a reliance.
- 35:25Speaker 2: Upon me, mine and mine.
- 35:27Speaker 3: These days, my social progress, my family, my house, and
- 35:32Speaker 3: loss of connection to the community generally. So any threat
- 35:35Speaker 3: to me, mine and I is going to be met
- 35:37Speaker 3: with politicians. Fixed this now, you can't cope with it,
- 35:41Speaker 3: Just fix it. And if it means locking people up
- 35:43Speaker 3: for long periods of time and not even worrying about
- 35:46Speaker 3: the consequences, because that's the thing.
- 35:49Speaker 2: All these people.
- 35:50Speaker 3: Are coming back to society. There's only twenty across the country,
- 35:54Speaker 3: as I said, of the outset who are held there
- 35:56Speaker 3: in perpetuity. So make it hard on the way in,
- 36:00Speaker 3: you'll get hard on the way out. I think our
- 36:02Speaker 3: society is going to have to deal with that whole situation. Fortunately,
- 36:06Speaker 3: you're not dealing with it these days. You've had a
- 36:09Speaker 3: can I say, a late career change to be a storyteller. Yeah,
- 36:14Speaker 3: and you've written a couple of plays. I've written thirty seven,
- 36:18Speaker 3: a couple more than a couple, thirty seven, including the
- 36:22Speaker 3: one we're doing about Jean MacLean will call Me and Jane.
- 36:25Speaker 3: Jean was the member of Parlament with me, but she
- 36:28Speaker 3: was older than me and she was locked up for
- 36:32Speaker 3: opposing the Vietnam War. It's fairly five that were called.
- 36:37Speaker 3: So I'm writing that one at the moment, which is
- 36:39Speaker 3: a performed reading. It's going on at the Motley Barhouse
- 36:42Speaker 3: from the third of August to the ninth. But I've
- 36:44Speaker 3: written thirty thirty six plays, including one about the police shootings,
- 36:49Speaker 3: called a comedy called a Policewoman's Absurdity. But it's been
- 36:53Speaker 3: a radical transformation for me because I when I went
- 36:58Speaker 3: on to Lithium back in nine oh ninety three, believe
- 37:01Speaker 3: it or not, it mollified my mood and I discovered
- 37:06Speaker 3: I could write dialogue. It's amazing, the hardest thing any
- 37:09Speaker 3: writer can do.
- 37:10Speaker 1: You can't. It's very rare that you got the gift
- 37:14Speaker 1: of writing dialogue. But having not been brought up in
- 37:17Speaker 1: an artistic field at all. Now my parents were. My
- 37:21Speaker 1: dad was in the Air Force as a policeman. My
- 37:24Speaker 1: mother was a tailor by trade. So it was not
- 37:27Speaker 1: something I'd ever done, even at university. So I had
- 37:30Speaker 1: to go and learn all about playwriting and structure, which
- 37:33Speaker 1: being a lawyer helped me because there's a lot of structure.
- 37:36Speaker 1: But it's been a pretty big change in my life
- 37:40Speaker 1: for sure.
- 37:41Speaker 3: And how we came together for this interview, which has
- 37:43Speaker 3: segued in a few different sure places, was you're writing
- 37:47Speaker 3: a play about the Beaumont children. Yeah, yeah, it discippears
- 37:50Speaker 3: in ninety sixty six of the three Beaumont children, Jane,
- 37:53Speaker 3: Arna and Grant, and I put you in touch with
- 37:56Speaker 3: Bill Hayes and his off side Stuart, his IF side
- 38:00Speaker 3: of Stuart Mullins about their belief that Harry Phipps the
- 38:04Speaker 3: canel business, was the one who took the kids and
- 38:08Speaker 3: murdered them.
- 38:09Speaker 2: Yeah.
- 38:10Speaker 1: Having looked at the material, what's your view? It confirms
- 38:14Speaker 1: what they're saying. But I think they're like often happens,
- 38:20Speaker 1: and journos are very guilty of this and so are
- 38:22Speaker 1: other people. But they're pushing the case pretty strongly, and
- 38:27Speaker 1: all of the evidence comes in sort of reconfirms what
- 38:31Speaker 1: their thoughts are. So what I'm going to do is
- 38:34Speaker 1: write it from the perspective, well, a perspective of him
- 38:38Speaker 1: telling the story of what happened. Then you make up
- 38:41Speaker 1: your own mind whether you believe it or not.
- 38:44Speaker 2: So Harry Hips are telling the story.
- 38:47Speaker 1: One man play going on in February at the festival
- 38:53Speaker 1: and letting him tell exactly what happened on that day,
- 38:58Speaker 1: and subsequently watching the way that they tried to find him,
- 39:04Speaker 1: and how appalling the I don't blame the police because
- 39:08Speaker 1: I think it was just so difficult. I'm not at
- 39:11Speaker 1: all blaming the police, but it was a bit of
- 39:13Speaker 1: Keystone Cops almost.
- 39:15Speaker 3: Well, yeah, I agree with it. I don't blame the police.
- 39:17Speaker 3: I mean that the incidence of three children being taken
- 39:21Speaker 3: at one time is vanishingly real.
- 39:24Speaker 2: I can't think of another one in Australia in the world.
- 39:27Speaker 3: We had Jeron Ratcliffe Kirsty Gordon from the Adelaide Oval
- 39:29Speaker 3: years later. That's two, but the three of them to
- 39:32Speaker 3: go missing at once, So I think the impact on
- 39:34Speaker 3: We've looked at this in a bit of detail. The
- 39:37Speaker 3: Glenell police station had I think two phone lines and
- 39:40Speaker 3: three or four coppers and there was a queue of
- 39:43Speaker 3: people up the street looking to give evidence on that day.
- 39:46Speaker 3: They couldn't get to give their evidence, and there was
- 39:50Speaker 3: an attempt later on by the police several days later
- 39:53Speaker 3: to dawknock the whole area, I guess, to recoup some
- 39:55Speaker 3: of that missed evidence. But you wonder what was missed
- 39:58Speaker 3: on that very first day because the identic at pictures
- 40:01Speaker 3: there were two of them I think that were conflicting,
- 40:03Speaker 3: and you wonder.
- 40:05Speaker 1: They weren't just conflicting. The first one was clearly wrong
- 40:08Speaker 1: to the point of it was stereotyping somebody, and that
- 40:13Speaker 1: lasted for a week. But I think the bigger problem,
- 40:16Speaker 1: Adam was in the first two or three days they
- 40:20Speaker 1: were looking for the kids. They'd gone under a bridge,
- 40:25Speaker 1: or they've been in the sand, So the entire police
- 40:28Speaker 1: operation was trying to find kids that had gone missing
- 40:32Speaker 1: rather than looking for the perpetrator. And by the time
- 40:36Speaker 1: they'd actually sit down to look at the perpetrator, the
- 40:40Speaker 1: horse had bolted, disposed of the kids that abused them,
- 40:45Speaker 1: disposed of them, and he was back in his house
- 40:48Speaker 1: and that was it. Like from then on the guy
- 40:51Speaker 1: was in I say, it's not the police's fault. He'd
- 40:54Speaker 1: never been in trouble with the police before in his life.
- 40:57Speaker 1: He was well known as a businessman, a very successful
- 41:02Speaker 1: businessman Britain businessman, so it was very difficul for the
- 41:05Speaker 1: place to find him, and of course they didn't and
- 41:10Speaker 1: he only became a suspect in two thousand and five
- 41:13Speaker 1: after he died.
- 41:15Speaker 3: But really on the basis that his son Hayden gave
- 41:18Speaker 3: a very detailed statement about seeing the Beaumont children at
- 41:21Speaker 3: his house, and also from two young boys who claimed
- 41:25Speaker 3: that they've been asked to dig a hole at Harry
- 41:27Speaker 3: Phipps's Castelloy factory at North Plimpton, which looked a lot
- 41:32Speaker 3: like Graves And of course South Tray Police, to their credit,
- 41:36Speaker 3: did take these things seriously.
- 41:37Speaker 2: They dug several holes.
- 41:37Speaker 3: Of you know, and there was another independent excavation at
- 41:41Speaker 3: the same time. They found nothing so far, so we
- 41:43Speaker 3: still rely upon Hayden Phipps. I think the biggest issue
- 41:46Speaker 3: for the Beaumont case is that there's never been a
- 41:48Speaker 3: coronial inquest. Surely that's just a basic thing to say. Well, say, Paul,
- 41:53Speaker 3: what do you have, let's see what you did. Are
- 41:56Speaker 3: there any other lines of inquiry that, even at this
- 41:58Speaker 3: late stage, some decades later, that we can at least
- 42:02Speaker 3: come to some sturdy view on what happened.
- 42:04Speaker 1: I don't know why they haven't had a coronial inquest,
- 42:08Speaker 1: and I don't know why they didn't go back and
- 42:11Speaker 1: investigate all the pedophiles. I think one of the great
- 42:14Speaker 1: lines in the play I do so say myself, is
- 42:16Speaker 1: that Adelaide was the city of churches, beautiful churches, wonderful churches,
- 42:20Speaker 1: great big buildings, cathedrals, amazing churches, full of pedophiles. And
- 42:25Speaker 1: the question's got to be asked, why on earth that gain.
- 42:30Speaker 1: It's only in the nineteen nineties when we changed the
- 42:33Speaker 1: legislation relations to children giving evidence that started to come
- 42:37Speaker 1: about and they stopped covering it up. And I don't
- 42:40Speaker 1: know why. And it'd be interesting to see the police
- 42:43Speaker 1: files whether they did investigate all these people who were
- 42:48Speaker 1: pedophiles within all of that substinutely came out and then
- 42:52Speaker 1: they did an investigation or a coronial inquest or inquiry.
- 42:55Speaker 1: You can't remember what it was, and they're not letter
- 42:57Speaker 1: release the documents for eighty years. It's like, what games that?
- 43:02Speaker 1: What else where else would that happen other than child treatment.
- 43:05Speaker 3: Well, you hail from south Ofstrada, so maybe you can
- 43:07Speaker 3: explain the culture to us a bit better.
- 43:09Speaker 1: Well, I did my play called Don Dunstan an Audience
- 43:12Speaker 1: with Don Dunstan. I was only in Adelaide for three years.
- 43:16Speaker 1: My dad was in the Air Force, so we were
- 43:18Speaker 1: in Malaysia. We went to Malaysia and then we came back.
- 43:21Speaker 1: So I was there for three years or four years.
- 43:24Speaker 1: And the boy my children case. I remember it vividly
- 43:27Speaker 1: when they announced three kids were missing. But I don't
- 43:30Speaker 1: think Adelaide is very insular. It's everybody knows each other.
- 43:36Speaker 1: And I noticed that the one thing that did surprise
- 43:39Speaker 1: me when the play was on, apart from loving the
- 43:42Speaker 1: Don Dunstan played, was the amount of wine they all drank.
- 43:46Speaker 1: It's like it comes out of the taps or something
- 43:48Speaker 1: in Adelaide. It's so big. It was huge. I had
- 43:51Speaker 1: not seen it like that, and so but I think
- 43:54Speaker 1: Adelaide's no different from anywhere else really, that the pedophiles
- 43:59Speaker 1: and the child molesters were getting away.
- 44:02Speaker 3: With it, well they were, I think back in the
- 44:03Speaker 3: day until kids begin to go missing and get murdered.
- 44:06Speaker 3: This was almost like a social welfare issue rather than crime,
- 44:10Speaker 3: and I think that's that's persisted for a very long time.
- 44:12Speaker 3: We could go on for HOURSI Neil, I'm looking forward
- 44:14Speaker 3: to seeing your play what's it called The Beams.
- 44:17Speaker 1: That's not till next year, but I've got the play
- 44:19Speaker 1: called Me and Jane about Jane MacLean, who was very
- 44:22Speaker 1: important in change to rape law in particular, among many
- 44:27Speaker 1: other things. But The Beaumont Children Killer is next February
- 44:31Speaker 1: at the Arts Festival at the what do they call
- 44:34Speaker 1: it the Fringe Festival, which really isn't a fringe festival.
- 44:37Speaker 1: It's much bigger than that it is. But I'm surprised
- 44:40Speaker 1: that they wanted it on. They've been very the producers
- 44:42Speaker 1: were very keen to have it on, which surprised me.
- 44:45Speaker 1: I thought that, you know, the topic would deter but
- 44:48Speaker 1: it hasn't. And the way I'm doing it, I hope,
- 44:50Speaker 1: is a way that is disclosed. He brings it all
- 44:55Speaker 1: out in the open and from his perspective, from the
- 44:58Speaker 1: way he talks about it, and hopefully leaving it to
- 45:01Speaker 1: the audience to decide at the end which they're going to.
- 45:03Speaker 3: Go okay, well look forward to that. Thanks for time today,
- 45:06Speaker 3: Thank you, and good that's Neil Cole. I think it's
- 45:09Speaker 3: I think anything that keeps the Beaumont case in the
- 45:11Speaker 3: public frame is a good thing. Whether you agree or
- 45:14Speaker 3: not that Harry Phipps was the perpetrator, I got my doubts,
- 45:16Speaker 3: but I think that keeps that in the public frame.
- 45:18Speaker 3: There are still people alive who have information and could
- 45:21Speaker 3: still come forward about other suspects or even the fact
- 45:24Speaker 3: that Phipps was the perpetrator. If you know anything, you
- 45:27Speaker 3: know what to do, call crime Stoppers one hundred, triple three,
- 45:29Speaker 3: triple zero, or you can always email me if you
- 45:32Speaker 3: don't trust the police. And I get that sometimes I
- 45:34Speaker 3: get that. As Adam Shanner, writer at gmail dot com,
- 45:37Speaker 3: I think the Gary David story is one that we
- 45:39Speaker 3: need to keep in the frame as well, because we
- 45:43Speaker 3: are saying, let's lock people up for the rest of
- 45:46Speaker 3: their lives?
- 45:47Speaker 2: Is it right? Other alternatives?
- 45:49Speaker 3: Are there of alternative Love to hear your thoughts on this,
- 45:51Speaker 3: You can leave your comments in the podcast. This has
- 45:54Speaker 3: been Adam shan for Real Crime. Thank you for listening, Thanks.
- 46:04Speaker 2: For listen, litening to this episode and supporting this story.
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