Derek Bromley appeals murder conviction for 1984 death of Stephen Docoza
DEREK John Bromley has spent more than 30 years in prison for a murder he maintains he never committed — and a court has now heard the alleged victim might have died from natural causes.
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DEREK John Bromley has spent more than 30 years in prison for a murder he maintains he never committed — and a court has now heard the alleged victim might have died from natural causes.
In a scathing assessment of a report authored by controversial former SA Chief Forensic Pathologist, Dr Colin Manock, Professor Anthony Thomas told the Supreme Court the evidence could not discount the possibility Stephen Docoza was already dead when he fell into the River Torrens in 1984.
Bromley, 61, was sentenced to life in prison with a 20-year non-parole period after he and another man, John Karpany, were convicted of Mr Docoza’s murder.
With his appeal finally before the Supreme Court, Bromley on Monday waved to supporters in the gallery as he appeared via video link with Cadell Training Centre.
The day-long testimony featured legal sparring between Bromley’s lawyer — former NSW Supreme Court Judge Greg James QC — and Crown prosecutor Ian Press.
Despite becoming eligible to apply for release on parole more than a decade ago, Bromley has remained in prison because he has steadfastly denied any involvement in Mr Docoza’s death.
Prof Thomas told the court bruising found on Mr Docoza’s head could have been the result of decomposition or the autopsy process itself.
“The examination could not have excluded all forms of natural death,” Prof Thomas said.
“There are 101 causes within the heart of sudden cardiac death which have yet to be excluded.
“He (couldn’t) exclude a brain tumour because he didn’t have enough sections.”
Prof Thomas said Dr Manock did not “adequately” rule out natural death as a possible cause of death.
Shown photos of a barbell, initially posited as a weapon used to bludgeon Mr Docoza, Prof Thomas said there was no evidence in Dr Manock’s report to suggest he died from blunt-force trauma.
However, Mr Press argued that Prof Thomas needed to take into account that the body was found pantless after five days in the water before ruling out foul play.
“I cannot explain why he was half naked,” Prof Thomas said.
Prof Thomas conceded that he was at a substantial disadvantage because he was not conducting the autopsy himself and was relying on evidence more than 30 years old.
Bromley’s appeal became possible when the State Government introduced legislation in 2013, allowing convicted killers to challenge their convictions if “fresh and compelling new evidence” came to light.
Several appeals, including that of now-freed accused killer Henry Keogh, have centred on alleged flaws in Dr Manock’s forensic reports.
Expert testimony continues.