Henry Keogh murder charge dropped by Director of Public Prosecutions in South Australia Supreme Court
HENRY Keogh has walked from the Supreme Court a free man after all charges of murdering his fiance Anna-Jane Cheney 20 years ago were withdrawn. In his first public statement, he has again declared his innocence | Family: We have no bitterness
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- The Anne-Jane Cheney murder — a crime which stunned the state
- How Henry Keogh had his conviction overturned
- Prosecutors were insistent a third trial would go ahead
HENRY Keogh’s third trial for the alleged murder of Anna-Jane Cheney has been abandoned in the Supreme Court.
In a sensational development in the long-running case, Director of Public Prosecutions Adam Kimber SC has entered a nolle prosequi against Keogh, which formally withdrew the case from the court list.
Mr Kimber appeared before Justice Malcolm Blue at 4.30pm on Friday to announce his decision. Keogh was not present in the courtroom during the hearing, which lasted less than two minutes.
In a statement issued through his lawyers, Keogh thanked all the people who had supported him “from the start of this ordeal to the end”.
He repeated his stance that he remained innocent of the charge of murdering Ms Cheney at their Magill home in 1994.
“I want to state very clearly that I loved my fiance Anna-Jane and absolutely deny having anything to do with her death,” he said.
“This was — and still is — a terrible tragedy for Anna-Jane, her family and me.
“I now look forward to trying to make up for all those lost years with my family and friends.”
The hearing came several hours after sources told The Advertiser that the case had taken a dramatic turn which centred around the availability of a key witness to give evidence in the trial.
In a written statement issued after the hearing, Mr Kimber said the witness had become unwell after May 1 and was unable to give evidence.
“As a consequence I was obliged to review whether the matter could proceed,” he said.
“Having conducted that review I concluded that it was not appropriate to proceed without the witness giving evidence and being cross examined.
“I concluded that essential matters would not be able to be proved unless the witness was called.
“I came to the view that there was no reasonable prospect of conviction without the witness.
“As a consequence, I discontinued the prosecution today.”
Mr Kimber said he would not be identifying the witness.
“They are entitled to privacy with respect to their health.”
Mr Kimber said he had consulted with Ms Cheney’s family and the police before making his decision.
“The family of Anna-Jane Cheney has great dignity. I ask they be left alone,” he told reporters outside court.
In a brief statement, SA Police said it “supports and respects the decision of the Director of Public Prosecutions to discontinue the prosecution of Henry Keogh on the evidence now available”.
Keogh’s brother, David Keogh, told media outside the Supreme Court that his brother had served 21 years in prison for “a crime he didn’t do and, sadly, a crime that never happened”.
Ms Cheney’s family did not attend the hearing and sought privacy, with police asking media not to attempt to contact them.
Long-time supporter and legal expert Dr Bob Moles said it was “a terrific relief at long last”.
“We were exceedingly disappointed when the DPP decided to re prosecute the matter,” Dr Moles said.
“I’ve always taken the view that there were no proper grounds for further prosecution and I’m extremely relieved to see that the DPP has now recognised that and dropped the prosecution.”
Dr Moles said he spoke briefly with Mr Keogh soon after the story was broken at 11.20am on Advertiser.com.au.
“We didn’t know that there was going to be any announcement before the court hearing this afternoon. So when we saw the item come up on The Advertiser website we were very, very pleased to see that it is now public information.
“There of course will be immense implications for the other cases that have involved the forensic pathologist in Henry’s case and I would like to think there would be a formal inquiry set up fairly soon to find out what’s been going on behind all of this.”
On Wednesday, Justice Blue handed down two evidentiary rulings ahead of Mr Keogh’s then expected trial, which was scheduled to begin on March 8 next year. The trial was expected to run for up to five weeks.
Keogh, 60, had opted to face trial before judge alone for the first time. Under state law any defendant may elect to have their case heard by a judge alone.
Ms Cheney was found dead in the bath of her Magill home in 1994.
Two months later, Keogh was arrested and charged with murder.
The prosecution alleged Mr Keogh had drowned Ms Cheney to claim more than $1 million in life insurance. His defence lawyers claimed the drowning was an accident.
In 1995, after the jury in his first trial was left deadlocked, the jury in his retrial found Keogh guilty of Ms Cheney’s 1994 murder.
Keogh was jailed for life with a minimum term of 25 years but he and his supporters continued to protest his innocence, failing in subsequent appeal bids and pleas for clemency to the Governor of SA.
The jury verdict from his second trial was set aside in December last year following the first ever appeal under the state’s fresh and compelling evidence laws.
Counsel for Keogh had attacked the evidence of Dr Colin Manock, then the state’s chief forensic pathologist, who concluded Ms Cheney was deliberately drowned in her bathtub.
Keogh’s counsel, however, called expert witnesses who claimed Ms Cheney may have suffered a fatal anaphylactic shock caused by the drug hismanal.
The Full Court agreed Dr Manock’s assertions were “unreliable”, his conclusions “not properly explored” and his autopsy “inadequate”.
It said his opinion on the manner of Ms Cheney’s death was “no more than prejudicial speculation” and that it was “reasonably arguable” Keogh had suffered a miscarriage of justice.
He was released from prison last December when the conviction was overturned.
On Wednesday, Justice Blue rejected a bid to force prosecutors in the case to provide “further and better particulars’’ about the Crown case.
The defence had contended the third trial was doomed to fail because of the deterioration of witnesses’ memories and the quality of forensic evidence in the case.
Dr Manock declined to comment on Friday.
“I have nothing to say ... I have no comment to the newspaper,” he said.
Mr Keogh told Channel 7 that he had made no immediate plans for his future given how many times previous “dreams” had been “dashed” by the legal process.
He said he “did not have the appetite” for a third trial.
“Even if I had gone through all that and had an acquittal, there’s still people that will hold a contrary view no matter the evidence,” he said.
“(The nolle prosequi) is enough for me... I have my liberty, I know the truth, those that love me and support me know the truth, and that’s enough.”
HOW THE CASE UNFOLDED
March 1994: Lawyer Anna-Jane Cheney is found dead in the bath of her Magill home.
May 1994: Mr Keogh, Ms Cheney’s then-fiancee, is charged with her murder. Prosecutors allege he drowned her to obtain $1 million in life insurance. Defence counsel insist she drowned accidentally.
March 1995: Jurors in Mr Keogh’s first Supreme Court trial fail to reach a verdict.
June 1995: Mr Keogh is released on home detention bail to await his second trial.
August 1995: At the conclusion of his second trial, Mr Keogh is found guilty and sentenced to life imprisonment.
September 1995: Mr Keogh challenges his conviction in the Court of Criminal Appeal.
December 1995: The appeal is dismissed. Mr Keogh flags a High Court challenge.
February 1996: Mr Keogh is given a 26-year non-parole period.
May 1997: The first of many bids to reopen the case is launched, with defence counsel claiming new evidence has come to light. The bid is unsuccessful.
January 1999: Mr Keogh unsuccessfully seeks a pardon from Governor Sir Eric Neal.
January 1999 — April 2004: Mr Keogh’s supporters continue to publicly question the verdict, claiming the evidence of forensic scientist Dr Colin Manock had no basis.
April 2004: Then-Premier Mike Rann confirms the Keogh case is “under thorough investigation” by the Solicitor-General’s office.
June 2007: The Court of Criminal Appeal dismisses Mr Keogh’s bid for a retrial.
November 2007: The High Court agrees that the Court of Criminal Appeal lacked jurisdiction to reopen the case.
July 2003: The creation of new laws, permitting an appeal if “fresh and compelling evidence” has come to light post-trial, triggers another appeal.
March 2014: The Supreme Court finds it “reasonably arguable” that Mr Keogh suffered “a substantial miscarriage of justice” and refers the case for hearing.
December 2014: The Full Court of the Supreme Court orders Mr Keogh receive a retrial. He is subsequently bailed and walks from the court for the first time in 19 years.
August 2015: Mr Keogh is permitted to travel interstate to see his adult daughter. His counsel ask the court to throw out the retrial, deeming it “foredoomed to failure” due to failing witness memories and Dr Manock’s evidence.
November 2015: Mr Keogh opts for trial by judge alone. The Supreme Court refuses a defence plea for “further and better particulars” of the allegations but orders witnesses be proofed by prosecutors without first reading their statements.
Today: Prosecutors are expected to enter a nolle prosequi, withdrawing the murder charge. Prosecutors retain the right to re-lay the charge at any time.