Lead detective at Whiskey Au Go Go inquest accused of failing to disclose evidence

A man who as at the Whiskey Au Go Go the night that 15 people died in a deadly arson attack has described trying to make it out of the nightclub amid thick smoke and no power.

A man who was in the Whiskey Au Go Go nightclub the night of the deadly arson attack has told of how the venue was plunged into darkness as the club filled with thick smoke and the lights went out, hampering the escape of terrified patrons and staff.

Clarence Bingham worked as a printer in the 1970s and had attended the doomed nightclub on the night of the fire for work as he was printing admission tickets for the Whiskey and its sister venue Checkers.

He said when he arrived at the club, he was invited to sit at a table with people including the venue manager John Bell and he’d had half a glass of wine when the fire started.

“All could see was black smoke coming up the stairway,” Mr Bingham said.

“John Bsaid the fire escape is this way so he took off and I was trying to follow him but almost immediately the lights went out and I had no idea where the fire escape was so I was proceeding in that direction but then I stopped and I waited and I could hear voices where people were going and I followed and found my way out.”

Clarence Bingham leaves the Coroner’s Court in Brisbane. Picture: NCA NewsWire / Dan Peled

Mr Bingham said he and Mr Bell made it out of the nightclub down the fire escape but when they tried to get back in, they couldn’t enter through the fire door because it was locked from the outside.

He said the pair managed to get back in to help rescue people when firefighters arrived.

“The fire brigade smashed the door down and they went in and we followed them,” he said.

“At the top of the stairs was an older gentleman who was sitting on top step gasping for breath and I remember saying to fire brigade “what about him”, and they said “forget about him we’ve got to get inside”.

“So I don’t know what happened to that fellow, I never saw him again so maybe someone else took him out and then we assisted bringing people out.”

The inquest continues.

Earlier today, a lawyer representing two former police officers said in an “extraordinary development”, recordings relating to one of the officers had only been disclosed to the inquest yesterday by Detective Sergeant Virginia Gray, one day before he was due to give evidence.

Defence lawyer Calvin Gnech, who is representing retired police officers John Kolence and Peter Slatter, said the last-minute disclosure of recordings was effectively “ambushing” his client Mr Kolence ahead of his testimony, which had been scheduled to begin later today.

Detective Sergeant Virginia Grey leaving court during an earlier hearing Picture: Steve Pohlner

He pressed an earlier application brought on Tuesday seeking to have the detective excluded from the proceedings until she has given evidence at the end of the inquest.

But Counsel Assisting the Coroner Stephen Keim opposed the applications, arguing Sgt Gray had not acted inappropriately and her presence was beneficial to the coronial inquest.

“In an extraordinary development I was contacted by learned friend Mr Keim yesterday morning who advised that there were recordings that Detective Gray had made with my clients during her investigations that as I understand it, had never even been disclosed to the Coroner’s office or counsel assisting until late Tuesday afternoon,” Mr Gnech said.

“It’s another development in regards to the way the detective has managed this investigation which requires more questions of her in cross-examination that in my submission supports her not being in the proceedings moving forward.

“The material should have been disclosed to the coroner’s officer well before June last year when this matter kicked off, let alone not disclosed at all until Tuesday afternoon, it’s quite extraordinary in my submission.”

Defence barrister Troy Schmidt, who acts for Sgt Gray, submitted the officer had acted appropriately.

Interior pictures of the Whiskey Au Go Go nightclub taken by police at the time of the fire where 15 people lost their lives.

“My understanding is that this had been disclosed to counsel assisting but I accept there is a large amount of material so it may not have been disclosed to the other parties and I can’t find it on the brief,” he said.

“I understand there are some 700-plus witnesses, further inquiries are being made, and this is effectively an investigation that has been going for some 50 odd years.

“I understand there is a large amount of material and notes made during the course of that investigation, it would be almost impossible for Detective Sergeant Gray to collate that and disclose all of that information in addition to what’s already been disclosed.”

He said the Detective would prepare an addendum statement disclosing any notes or recordings relating to witnesses in the inquest.

Counsel assisting asked for the detective to be allowed to continue sitting in the hearing as had previously been allowed by the court.

“We reject the suggestion that Ms Gray has been shown to have acted inappropriately,” Mr Keim said.

A picture of the exterior of the building after the fire that claimed 15 lives.

“We reject that any prima facie case of misconduct has been made out against Ms Gray, she should be allowed to continue her work and she should be allowed to continue to assist us to assist your honour.”

Coroner Terry Ryan said the benefits of having Det Sgt Gray in the courtroom for the inquest outweighed the risk of prejudice to others and refused the application to have her excluded.

The retired officers are now expected to be cross examined next week.

The inquest continues.