SA murder suspect Henry Keogh says two lawyers who worked on his case were volunteers and deserve none of his $2.57M payout
A murder suspect who received a $2.57 million payout when he was released from jail says two lawyers who fought for his freedom were just ‘volunteers’ who deserve none of his money.
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Murder suspect Henry Keogh has hit back at two lawyers seeking a share of his $2.57 million payout, saying they were never his counsel – and were no more than “volunteers”.
In documents filed with the Supreme Court, Keogh asks a claim filed by top barrister Kevin Borick QC and solicitor Michael Hegarty be immediately thrown out.
Keogh, who remains the only suspect in the 1994 death of his then-fiancee, Anna-Jane Cheney, says the high-profile duo have no right to any of his money.
“At the time of my convictions, I had various solicitors, legal academics, medical and scientific experts, and counsel advising me,” he says in his papers.
“They did so on a voluntary basis in an effort to overturn my convictions and secure my release from prison.
“At no time were Mr Hegarty or Mr Borick briefed to act in a professional capacity … their services were offered on a voluntary basis with no expectation of payment or other reward.”
Keogh stood trial twice, spent 21 years in prison, over the death of Ms Cheney who was found in the bath of her Magill home.
In 2014 he won a retrial on appeal and was released from prison, but prosecutors opted not to pursue him a third time – meaning the allegations remain live and could be reactivated.
In 2018, Keogh received a $2.57 million taxpayer-funded payout from the State Government and, days later, Mr Borick and Mr Hegarty announced plans to seek a share.
Last month, the court heard the duo want Keogh held to a “verbal agreement” that he would cover their fees, which they have -valued at $1.5 million.
However, in papers released by the court, the duo concede they “no longer have a copy of the written part” of their “partly-oral, partly-written” agreement.
In his papers, Keogh says Mr Hegarty approached him “on a voluntary basis” in 2001 wanting to “seek either a review of my conviction or a pardon”.
He says he accepted on that basis, which continued after Mr Borick came aboard and ended in August 2011.
“The terms were not ever reduced to writing,” he says.
Keogh says that, since changing counsel and being released from prison, both counsel have sent him bills for their work.
“I was provided with an account raised by Mr Hegarty which was wholly unitemised and consisted of estimates … he asserted he had a claim for ‘around $350,000,” he says.
“Mr Borick provided what he purported to be an itemised bill of costs for $108,157.39.
“(They each) stated ‘clearly we are entitled to claim reasonable fees for the enormous amount of professional time involved’.”
Keogh’s bid to have the claims thrown out will be heard in two weeks’ time.