Henry Keogh murder conviction set aside, granted retrial over 1994 death of Anna-Jane Cheney

FOR the first time in almost 20 years, Henry Keogh could spend Christmas at home with his family.

FOR the first time in almost 20 years, Henry Keogh could spend Christmas at home with his family.

The Full Court of the Court of Criminal Appeal yesterday set aside his conviction for murder over the 1994 death of his then fiancee, Anna-Jane Cheney, after a landmark appeal. It also ruled that Keogh — who was found guilty of murder in 1995 at a retrial after a first trial resulted in a hung jury — be granted a retrial.

On Monday, Keogh will seek release on bail. If granted, he will be released from custody for the first time since 1995.

After a previous hearing, Keogh’s youngest daughter Alexis Atkins had hoped her dad would be home for Christmas but said she would be “shocked and amazed” if it happened.

Ms Cheney was found dead in the bath tub of her Magill home in March, 1994.

Keogh was sentenced to life in jail with a 25-year non-parole period.

Justices Tom Gray, John Sulan and Kevin Nicholson, yesterday published their reasons for granting a retrial, including that the autopsy of SA’s then-chief forensic pathologist, Colin Manock, was “inadequate in material respects”.

“Dr Manock’s opinion and demonstration at trial were no more than prejudicial speculation and not probative of any issue in the trial,” the judgment said.

“The inadequacies of Dr Manock’s autopsy had the consequence that important investigations were not conducted and, as a result, other possible causes of death were not properly explored.”

Lawyers for Keogh had argued Dr Manock’s evidence of bruising was inadequate.

Yesterday, when told Mr Keogh had won a retrial, Dr Manock, 77, told The Advertiser: “Good for him. The outcome will still be the same”.

Asked if he believed Mr Keogh was guilty, he replied: “I know that he is”.

“We went to the High Court ... and we won. As far as I am concerned the High Court decision stands.”

He said he would be willing to return to court.

“My view has not changed in 20 years,” he said.

“Examine the facts and examine the evidence and you will come to the same conclusion.” He also said “people were ignorant” over the case but refused to elaborate. He also refused to discuss details of his evidence.

Outside court yesterday, Gordon Wood, who was acquitted of murdering Sydney woman Caroline Byrne on appeal in 2012 and who has supported the Keogh family throughout the appeal, said he was “disappointed”.

“We perceive this as a politically safe solution to the problem that they’ve had for a 20-year miscarriage of justice,” Mr Wood said.

“We’ll see what happens, whether the matter proceeds to trial, we don’t know yet.”

He said it would have been “very difficult” for the court to have delivered an acquittal.

Keogh’s father, brother and daughter were all in court to hear the judgment but none wished to speak outside.

“His family are very emotional as you saw when they left,” Mr Wood said.

“I think it’s great he’s going to be with his loved ones for the first time in twenty years in a home environment (if he is granted bail on Monday).”

Former University of Adelaide law lecturer and supporter of Keogh’s appeal, Dr Bob Moles, said the outcome was “a very important step in the right direction” but had been too long coming.

“We first said the conviction should be set aside 15 years ago and it’s taken us all this time to actually get the correct decision by the courts,” he said.

“I’m seethingly disappointed that the system has not been able to respond the manifest and obvious errors more quickly than it has done.”

He said he would be “extremely surprised” if a retrial went ahead and said Keogh now had a presumption of innocence.

Lawyers for Keogh have previously made multiple appeals against his conviction, all of which have been dismissed.

Keogh’s latest challenge arose from amendments to the Criminal Law Consolidation Act (1935).

Those changes allow a court to hear an appeal, even after all rights have been exhausted, if “fresh and compelling evidence” emerges.

The appeal was mounted in the Supreme Court in July, 2013, and in March this year it was found that it was “reasonably arguable” that Keogh suffered “a substantial miscarriage of justice”.

In 1995, prosecutors had argued Keogh forged insurance policies worth millions, and that Ms Cheney was aware of only a small proportion of those.

Law Society of South Australia president Morry Bailes said he had not had an opportunity to properly consider the judgment.

But all superior court decisions might contain matters binding on inferior courts.

“However, it is likely in matters similar to this that each will turn on its own facts and circumstances,” Mr Bailes said.

“As a retrial is now ordered by the court, we regard the matter as sub judice and have nothing further to add, except to say that Mr Keogh should be allowed a fair and unbiased hearing.”

Attorney-General John Rau, who returns from leave on Monday, said he would need time to consider the decision and discuss the implications with Director of Public Prosecutions Adam Kimber, SC.

Ms Cheney’s family declined to comment.

TIMELINE — THE HENRY KEOGH CASE