What we know about Outer Harbor shipping container death of Troy Kellett
Questions remain about the death of Melbourne man Troy Kellett, as the identities of the two men charged with being unlawfully on the Osborne site – but not over his death – are revealed. Here’s what we know so far.
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Mystery surrounds the death of Melbourne man Troy Kellett, 43, who fell several metres from a shipping container at Outer Harbor in the early hours of Sunday morning.
Police are not treating the death as suspicious but a longtime friend is calling for an investigation, following what he believed to be irregular activity, before Mr Kellett fell from the container.
About 12.30am on Sunday, July 9, police responded to reports Mr Kellett had fallen several metres from the container at a business on Coghlan Rd.
They provided first aid before Mr Kellett was declared dead at the scene.
Who is Troy Kellett?
Troy Kellett was a Melbourne businessman whose transportation company was first established in January, 1999.
Fellow businessman Tom Kotsimbos, also based in Melbourne, started the business through his company Abbots Incorporation Services, which lists its services as providing compliant corporate documentation including specialising in establishing companies.
Mr Kotsimbos was the director of Kellett Australia – which specialises in container transport services – for one day before Mr Kellett’s brother, Corey Scott Kellett, took over.
Company records show Troy Kellett took control in 2003.
A close friend of Mr Kellett, who asked to remain anonymous, said the businessman had recently sold Kellett Australia to an Adelaide-based company for more than $10m.
“On Friday, just passed, a substantial sum – in the millions – was put into his account,” Mr Kellett’s friend said.
There is no official record of the company sale as yet.
Company records show there was a share sale in April last year but it does not reveal to who. Troy Kellett is still listed as the company’s sole director.
Who were the two men arrested?
The two men with Troy Kellett when he fell to his death from a shipping container at Outer Harbor on Sunday morning were granted police bail late on Monday evening.
They have not been charged over Mr Kellett’s death.
Renalnto Bylo, 32, of Mawson Lakes, and Dasmir Kulafovski, 47, of Adelaide were both at the scene when police arrived and were charged with being unlawfully on premises, in addition to possessing an unregistered firearm and possessing a firearm without a license.
Kulafovski was additionally charged with giving a false home address.
A statement released by police on Sunday said the charges are “unrelated” to Mr Kellett’s death.
The pair were granted police bail on Monday night after being scheduled to appear in the Port Adelaide Magistrates Court on Monday, and then again on Tuesday.
How does police bail work?
The pair’s first court appearance did not progress through the court in the ordinary manner arrests made over a weekend, or during hours when courts are closed, are determined.
Under the Bail Act (1985), any person taken into custody has the right to apply, to SA Police, for release on bail.
The law states that, with the exception of offences like murder, organised crime or terrorism, a person is presumed to be a suitable candidate for bail unless there is evidence to the contrary.
Bail applications can be determined by any police officer higher in rank than a sergeant and, if granted, the arrested person is released immediately from an SA Police station with a date to face court.
If an application is refused, police must provide reasons in writing and the arrested person must be brought before a magistrate within 24 hours or on the next business day when court is sitting.
The magistrate will then hear submissions from both prosecutors and defence counsel before determining whether a person is granted bail, and under what conditions.
Several of the state’s court registries impose an afternoon deadline by which time police or prosecutors must have paperwork filed in order to have a case brought on that day.
If the paperwork has not been filed by that deadline, and a person has been refused bail by police, that refusal can be reconsidered – and the person may be released.
Applications to police for bail are not heard in public, unlike applications before magistrates.
What are Mr Kellett’s links to Tony Mokbel and Mick Gatto?
The man who started Mr Kellett’s business, Mr Kotsimbos, had clients who included notorious drug kingpin Tony Mokbel.
Mr Kotsimbos has reportedly established shelf companies for clients including Mr Mokbel and underworld figure Mick Gatto.
Shelf companies are often established by a third party, allowing a business person to buy them and quickly establish a company or business of their own.
There’s no suggestion of illegality by Mr Kotsimbos.
Why was Mr Kellett in Adelaide?
The question of why Mr Kellett was in Adelaide remains unanswered.
However, his friend shared that he travelled to the city after an urgent call for a shipping container to be transported.
But the friend believed that Mr Kellett would not transport the container himself.
“Troy wouldn’t drive for no reason,” he said.
“Troy doesn’t drive, he hasn’t driven for years … he’s got in the teens of drivers there that could do the run. I don’t see why he’d be there.
“It’s not Troy to drive, it’s not Troy to take off on Saturday when he’s got his kids.”
The friend questioned why he would be on top of the container at night and believed he may have been “hiding”.
“Something happened and he was hiding.”
What happens now?
Mr Kellett leaves behind a daughter, Demi Deksnis, who took to social media late on Sunday to express her grief.
“R.I.P dad. My heart’s broken,” she said.
“I keep thinking your (sic) gonna pull up in the driveway any minute now.
“Thank you for always being the best man in all our lives. I couldn’t of (sic) asked for a better dad.”
The details of Mr Kellett’s funeral have not yet been released.
Mr Kellett’s friend said he wanted police to seriously investigate the circumstances around his mate’s death.
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