Whiskey Au Go Go pre-inquest hears convicted murderer James Richard Finch has died
One of the two men convicted of murder over the notorious 1973 Whiskey Au Go Go nightclub fire that killed 15 people has died, as an inquest opens to determine if they worked alone in planning the horrific act.
Police & Courts
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A man convicted of murder in the Whiskey Au Go Go firebombing has died, a pre-inquest hearing into the Fortitude Valley nightclub arson, which killed 15 people, has heard.
James Richard Finch and co-accused John Andrew Stuart were convicted of murder over the Whiskey Au Go Go crime in 1973.
They pleaded not guilty but were convicted of the murder of the youngest victim of the firebombing Jennifer Davie, 17, and sentenced to life imprisonment.
Stuart died in 1979 and Finch was deported to England in 1988.
Counsel assisting Avelina Tarrago made the announcement that Finch had died as she listed the witnesses who would be called at the June 14 inquest into the Whiskey Au Go Go firebombing.
The two-week inquest will explore whether others, apart from the two convicted criminals, were involved in planning the firebombing, including whether some people – including police – had foreknowledge of the attack.
Several family members of victims of the nightclub fire, who died from carbon monoxide poisoning and, in some cases, burns, were present at a Brisbane pre-inquest hearing on Thursday.
Survivor Donna Phillips said on Finch’s death: “I think a lot of people will be very pleased to hear that he’s gone. For me the tragedy is not being able to hear from him directly, what the story is that he would have known until his last breath.”
Sonya Carroll, whose mother Decima Carroll, 29, perished in the fire, said “karma had bit him in the arse” in relation to Finch.
“Would have been nice to get more answers out of him but whether he told the truth or not, that’s another thing,” she said.
“He was scared to come back (to Australia) because he knew he was going to be indicted for 14 other murders.
“I think James Finch did his time, but not enough time in my books. He was convicted for one murder, not 15, and that ticks me off completely.”
The names of those who died at the scene in the Whiskey Au Go Go fire were read out in the Coroner’s Court in Brisbane by Stephen Keim, counsel assisting the coroner.
They included nightclub patrons, bar staff and members of a band, Trinity, which was playing that night, and ranged in ages from 17 to 51.
An inquest into the firebombing and deaths, which was adjourned in 1973, will reopen in June and initially run for two weeks, with more hearing days to follow.
The original inquest was adjourned after the charging of James Finch and John Stuart, who were later convicted of the arson and murder of the youngest victim of the Whiskey Au Go Go firebombing, Jennifer Davie, 17, a waitress.
Mr Keim, SC, outlined details of the arson attack at 2.05am on March 8, 1973, on the corners of Amelia St and St Paul’s Tce, Fortitude Valley.
He said 50 to 60 patrons, staff and entertainers had been in the first floor nightclub on the night of the arson attack. Two petrol drums were found at the ground floor entrance of the building.
Mr Keim said there was no explosion, but fuel vapours and smoke were quickly dispersed into the nightclub by air conditioning units, which operated as a chimney, pumping smoke from the building foyer to the nightclub rooms.
Mr Keim said the full extent of the circumstances causing the 15 deaths had never been satisfactorily established.
Mr Keim said the inquest would hear evidence that raised concerns Stuart and Finch were not the only ones involved in the firebombing and the focus of the police investigation was not directed at finding all those persons responsible.
The reopening of the inquest into the Fortitude Valley firebombing was ordered by then attorney-general Yvette D’Ath in 2017.
It followed the sentencing of Vincent O’Dempsey and Garry Dubois for the abduction and murders of Barbara McCulkin and her two daughters.
They had disappeared from their Highgate Hill home in 1974, just under a year after the Whiskey arson attack.
Part of the Crown case in the trial had been that Mrs McCulkin had to be silenced because she knew of the involvement of people other than Stuart and Finch in the Whiskey Au Go Go nightclub attack.
Vincent O’Dempsey will be called to give evidence at the inquest.
Chief Coroner Terry Ryan said he would not be able to make any finding in relation to Vincent O’Dempsey’s alleged involvement “in any offence”.
“That’s prohibited. So, at its highest I could comment on … other involvement in relation to the fire.”
The comments came after O’Dempsey’s lawyer Chris Minnery argued to delay starting the inquest in June.
Mr Minnery said O’Dempsey, 81, had difficulties with hearing and sight and going through the “massive amount of material” with him would be arduous if the inquest was just six weeks away.
Counsel Assisting Stephen Keim SC said the Attorney-General’s direction to hold the inquest was nearly four years old.
“A lot of people have been waiting for closure with regard to this matter for nearly 50 years,” he said.
The inquest heard O’Dempsey’s accomplice in the murder of Barbara McCulkin and her two daughters, Garry Dubois, would also be called to give evidence.
More than 25 witnesses will be called for the inquest including Whiskey Au Go Go owners Brian and Kenneth Little and three survivors of the inferno.
Mr Keim said Stuart and Finch maintained their innocence for many years.
“However this pattern of denials was shattered by video recorded admissions by Finch to journalist Dennis Watt on 11 August, 1988, after his deportation back to England in February of that year,” he said.
“It is likely that consideration of all of the evidence will not give rise to any concern that Finch was not involved in lighting the fatal fire or that Stuart was not involved in counselling Finch to take part in that attack on the nightclub.
“Nonetheless, the available evidence, including Finch’s confessional statements, raises concerns that Finch and Stuart were not the only actors involved in those fatal events.
“The evidence also raises concerns that the focus of police investigation activities in the aftermath of the fires was not directed at finding all of the persons responsible for the fires.
“These concerns extended to fears that a broader group of persons, including possibly police officers themselves, had some role in planning the attack on the nightclub.
Mr Keim said partly because of the perceived limitations in the investigations after the fire, establishing exactly who was responsible for the deaths and the part that each person played would not be easy to establish.
Mr Keim said in the weeks and months prior to the arson, Stuart told many people that Sydney criminals were seeking to establish a criminal protection racket in Brisbane and they wanted him to be involved, but that he wanted no part of it.
Stuart told people involved in running nightclubs, a journalist and a CIB inspector about it.
Mr Keim said the questions about the way in which police investigated the arson murder of 15 people were mainly concerned with the extent to which the possible involvement of other suspects was not adequately investigated.
“This reopening may seem to have arisen from a concern that other persons who were culpable in some way in respect of the fire and the resulting deaths were not properly investigated and that those persons were not brought to justice for their actions,” Mr Keim said.
“The investigation of where such culpability lies will be an important aspect of the role of this inquest.”
Other witnesses to be called are former members of the so called Clockwork Orange Gang Peter Hall and Keith Meredith.
Ms Tarrago said they would give evidence about their involvement in the arson attack on Torino’s nightclub just 11 days prior to the Whiskey Au Go Go firebombing.
They would also be asked about their knowledge linking O’Dempsey, Dubois, Stuart, Finch, fellow gang member Thomas Hamilton and Barbara McCulkin’s husband Robert to the Whiskey arson, she said
Ms Tarrago said another witness may give evidence about information his father was given about former Assistant Police Commissioner Tony Murphy and a connection to the Whiskey Au Go Go arson attack.
The hearing heard there was evidence that some people had foreknowledge of the attack on the Whiskey Au Go Go.
The court heard of possible involvement of police in the lead up to the firebombing.
Junior Counsel Assisting Avelina Tarrago said a lawyer informant had quoted Fred Lippiatt, then a leading insolvency lawyer, “that a meeting took place before the fire involving liquidators, owners, and the police in which a plan to burn the building down for insurance moneys was discussed and fine-tuned.”
The information was contained in the police investigation prepared for the inquest, she said.
Ms Tarrago said there was a basis for the inquest to investigate the possible involvement of ex Assistant Police Commissioner Tony Murphy in the Whiskey Au Go Go fire.
Ms Tarrago said there was evidence of connections between O’Dempsey and Murphy which possibly confirmed Finch’s claims that both men were involved.
“It follows from the evidence ... that this inquest will have bases to investigate the involvement of O’Dempsey, (gang member Thomas) Hamilton, (Robert) McCulkin and, possibly, Murphy in the attack on the Whisky Au Go Go.
Outside the court, Sonya Carroll and her brother, Kim Carroll, whose mother Decima Carroll, 29, died in the fire, spoke about their hopes for the inquest.
“We just want the truth to come out, as much as possible,” Ms Carroll said.
She said they did not trust everything that Vince O’Dempsey would say.
“We all need a bit of closure after 47 years,” Ms Carroll said.
Mr Carroll said they were hoping for the truth and for everything concerning the fatal firebombing attack to come out.
Mr Carroll said he was only eight and Sonya was only nine when their mother was killed and their father died without knowing what happened to his wife.
“Hopefully this is the beginning of the end. It’s been going on for 47 years and we just want to find out exactly what happened to our mother, why she died and what the situation was,” Mr Carroll said.
Ms Carroll said she wanted to find out who allegedly paid Stuart and Finch.
“For our family, we just need some closure and to say goodbye to our Mum for good,” she said.
Ms Carroll said it was tough growing up with a single dad, especially with no family compensation or backup and with limited family.
Mr Carroll said their father was refused compensation and was threatened by the government and police that his children would be taken off him.
“We grew up being scared to death of being taken away from our only living family member, our father,” he said.
Whiskey Au Go Go survivor Donna Phillips, a drinks waitress at the nightclub, said outside court she was delighted and excited that the inquest was finally going to happen.
Ms Phillips said she hoped that the families of victims and survivors like herself would get the truth of the matter.
She said she would be very interested to hear what Vince O’Dempsey would say at the inquest.
“Those of us who are part of the Whisky Au Go Go support group will be on our toes along with the rest of Australia and the world,” Ms Phillips said.
“It was such an astounding case, such a deep, dark and murky case.”
Ms Phillips said some witnesses had come forward for the first time.
“I’ve spoken with people who were afraid to speak in the early days, who’ve come forward,” she said.
Ms Phillips said the memories of the night of the fire were still quite vivid.
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