NSW Police investigate claims family killer Sef Gonzales was stitched up by corrupt cop

Sensational claims made by convicted triple killer Sef Gonzales while behind bars for murdering his family, are now being investigated.

Exclusive: Sensational claims made by convicted triple killer Sef Gonzales, which allege his conviction for the 2001 murder of his family was secured through corrupt and improper police conduct, are being investigated by NSW Police.

The police investigation was launched in August on orders from the Law Enforcement Conduct Commission (LECC), an independent body which oversees complaints of suspected serious misconduct or maladministration involving the NSW police or crime commission.

Earlier this year, Gonzales – who is serving three life sentences for the murders of his father Teddy, 46, mother, Mary, 43, and sister, Clodine, 18, in their North Ryde home – lodged a 20-page submission to LECC, compiled from his cell in Lithgow Correctional Centre.

The Gonzales family — mother, Mary Loiva (top) with father, Teddy (centre), Clodine (right) and Sef (left).

The submission alleges Gonzales was framed by a police officer during the investigation. He alleges the police officer planted paint on his jumper sleeve, which tied him to graffiti left at the crime scene by the killer.

“The Law Enforcement Conduct Commission (LECC) has referred the matter to the NSW Police Force for further potential investigation,” A NSW Police Force spokesperson said.

“As the matter is currently being reviewed, it would be inappropriate to comment further.”

LECC confirmed it was “normal practice” to refer complaints to the NSW Police in the first instance but would not be drawn further on the reasoning behind its decision.

“The Police investigation is reviewed when it is completed and a decision is then made as to whether any further action is required,” a LECC spokesperson said.

The Gonzales family home in Collins Street, North Ryde, where the murders occurred in 2001. Picture: Mat Sullivan

However, celebrity criminal defence lawyer Danny Eid, who has spent 20 years representing everyone from murderers, drug traffickers, rugby league stars and even police, said the fact LECC had ordered a police investigation did not necessarily mean a finding of corruption was likely.

“What it does mean is that, LECC will investigate and LECC will oversight cases, regarding any information that may (and this is the emphasis) ‘may’ indicate that a member of the police force has been, or is involved in, for example, perverting the course of justice, such as planting evidence at a crime scene or interfering with evidence.

Criminal defence lawyer Danny Eid.

“Now, just because they’re investigating, does not of itself mean that there will be an outcome in terms of a positive finding that there has been corruption. There are certain allegations that they will investigate or oversight, but they certainly will not investigate a lot of particular types of complaints, such as customer service issues, or traffic.”

Should the finding be made against the police officer in question, Mr Eid acknowledged it could potentially have a large impact on Gonzales’ bid for freedom.

“Given the allegations that have been made by Mr. Gonzales, if it is found he has been the subject of an attempt to pervert the cause of justice, then this is a very, very serious allegation, and one that should not be made lightly. And one that could have an affect on his a conviction,” Mr Eid said.

A 20-year-old Sef Gonzales in the direct aftermath of the murders.

In his LECC submission, Gonzales supports his allegation that paint was planted on his jumper sleeve by a police officer by referencing the conflicting findings of three experts.

During the course of investigation, police asked the experts to analyse Gonzales’ jumper to detect the presence of paint, and whether it was a match for the graffiti paint, found at the crime scene.

(The killer had spray-painted the words ‘F*** off Asians KKK’ on the living room wall, nearby the bloodied bodies of the Gonzales’ family.)

According to Gonzales’ LECC submission, the first expert to examine the jumper a couple of weeks after the murders found there was “a number of similarities and differences” between the jumper and graffiti paint.

The graffiti found at the crime scene at the Gonzales’ house.

The second expert to examine the jumper, approximately one month after the murders, found there was not enough paint on the jumper to making a finding.

While the third and final expert, who examined the jumper a day before Gonzales was arrested and charged with the murders found the paint on the jumper was an “indistinguishable” match to the graffiti paint.

A leading independent forensic chemist, who requested not to be named, reviewed Gonzales’ submissions. “It is unusual for experts to get such different results providing they were looking at exactly the same specimen, using the same or a similar technique,” he said.

When asked if there was a scientific explanation for how one expert could find insufficient paint on the jumper to make a finding, and months later a second expert could detect enough paint on the jumper to determine it matched the crime scene graffiti, the expert said there were a number of possible explanations, including that different specimens were examined or different techniques or analysis was used.