Voices of the Voiceless, Part 1: Survivors of some of SA’s worst crimes confront their tormentors and refuse to be silenced
Face-to-face with criminals who shattered their lives, these survivors spoke bravely and eloquently. Read their powerful statements.
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Our criminal justice system is underpinned by every defendant’s right to a fair trial – an essential concept that, unfortunately, carries a galling consequence for the innocent.
To ensure the deliberations of jurors and judges occur without prejudice, victims of crime and their families are rendered mute for months, even years, at a time.
If they are called to court as witnesses, they can be re-victimised as their memories and experiences are forensically sifted by defence counsel. And even if a conviction is secured, victims remain unable to fully speak their minds due to shackles built into state legislation.
Under Section 7A of the Criminal Law (Sentencing) Act (1988), victims may provide courts with an “impact statement” outlining the effect of “injury, loss or damage” caused by crime.
Just this week, the families and friends of Chelsea Ireland and Lukasz Klosowski were finally allowed to give devastating victim impact statements about the loss of two vibrant young people in a monstrous act of violence.
But while these statements were designed to begin the healing process, the language of the law creates a fertile breeding ground for legalistic argument.
Defence counsel can complain that, in showing emotion, victims have strayed beyond “injury, loss or damage” into invective, venom or scorn. Some lawyers argue their clients should not be exposed to this – even from those they have wronged so grievously.
This notably occurred during the 2012 sentencing of two teenagers who murdered Seacliff pensioner Anne Redman with a blunt hunting knife.
VOICES OF THE VOICELESS: PART TWO
VOICES OF THE VOICELESS: PART THREE
Ms Redman’s family said they hoped the killers – one the son of a serving SA Police officer – would meet criminals “with souls as black of yours” in prison and suffer harm.
They dubbed the pair “unstoppable, untreatable predators” and “monsters” – descriptions that defence counsel said were “too personal” and should be retracted.
Then-Director of Public Prosecutions Adam Kimber SC, who is now a District Court judge, agreed to have the Redmans “temper” their remarks.
That earned him the ire of then-Commissioner for Victim’s Rights Michael O’Connell.
“Victims want offenders to know the emotional turmoil they have endured, they want to vent their anger,” Mr O’Connell said at the time.
“Impact statements are one way for victims to have such an outpouring … they see (this) as their day in court.
“Judges and magistrates can find themselves accused of silencing victims – giving victims a voice is, therefore, vital to justice and to victims themselves.”
Mr Kimber disagreed, saying it was the responsibility of victims to abide by the legislation, not assume they would be heard without issue.
Sadly, the attitude that giving victims a voice is “sensationalistic” remains prevalent across the legal profession.
As recently as August 2020, the lawyer for Jayden Tayne Lowah – who beat Michelle Foster to death outside Colonnades Shopping Centre – asked all victim impact statements be suppressed. He argued the family’s anger failed to recognise the legal ruling that Lowah’s mental illness meant he did not realise the wrongfulness of his actions.
Justice Sam Doyle refused his request, noting victim impact statements have no bearing on an offender’s ultimate penalty – removing any need to censor them.
Despite the many obstacles put in their path, victims and their families continue to provide SA’s courts with heartfelt, eloquent, passionate and stirring accounts of their struggle.
From wrenching descriptions of despair to unexpected moments of forgiveness, most are exemplars of personal strength in the face of unimaginable adversity.
THE MASKED BROTHERS
The ultimate examples of “silenced victims” are perhaps the Adelaide brothers who were sexually abused as children by paedophile Vivian Frederick Deboo, 74.
The duo, known as “A” and “B”, chose to become literal symbols of the ongoing problem by donning masks and drawing public attention to their case.
Through peaceful and creative public protest – including a “monster’s crossing” for Deboo to walk as he entered court – they won the support of the SA community.
They successfully campaigned for new laws that banned paedophiles from serving home detention sentences, and raised funds and awareness for other silenced victims.
But it was in November 2018, while giving their victim impact statements, that the brothers showed the source of their strength lay in their vulnerability.
Unable to wear their masks in court, they faced Deboo – who had, while abusing them, lied that their parents condoned his crimes – and spoke from the heart.
“Everyone else in your miserable life has abandoned you … my brother and I stand here today with all these people,” ‘B’ said.
“Our society now understands that no longer can any single person, church or institution stand by, hide, shelter or support paedophiles.
“I take comfort at the stark contrast to your own pitiful situation as I look around at the amazing group of family and friends that are here to support me today. They are my army and together, today, we have conquered the enemy.”
‘A’ told Deboo that his efforts to destroy a young boy had forged a stronger, incorruptible man.
“A friend recently asked me what this all feels like … I described myself as feeling like a shattered crystal wine glass,” he said.
“Other victims of your abuse have taken their own lives and you need to realise those lost lives are your doing — the blood is on your hands.
“I stand here today as the voice for those who no longer have one … you have unintentionally lit a fire in my soul that can never be extinguished.”
Deboo was jailed for six years, seven months and six days.
CHRISTOPHER ROWE
Scottish-born teenager Jason Alexander Downie did more than just slaughter an innocent girl and her parents.
His ghastly 2010 crime – which turned the stomachs of seasoned SA detectives – created an overnight cottage industry of specious rumour about his victims.
Weighing just 52kg, Downie somehow managed to brutally murder Andrew and Rose Rowe, and their daughter Chantelle, in their Kapunda home.
A social misfit and outcast, Downie had become obsessed with Chantelle and, once rejected, responded by destroying her entire family.
But almost a year would pass before a court revealed his motivation, leaving the public and social media ample time to cruelly speculate on the crime.
Andrew’s ownership of motorcycles led to erroneous rumours of bikie links, while Chantelle was singled out for misogynistic, sexist and baseless criticism of her love life.
The family’s sole survivor, son Christopher, had to grapple not only with his grief but a seemingly endless litany of poorly-informed “hot takes” from “true crime aficionados”.
When he and his large, tight-knit group of relatives gave their victim impact statements in December 2011, it was their chance to confront both Downie and the faceless online trolls.
Finally free to speak, Christopher wasted no time setting the record straight about their beloved, lost families members, who had done nothing to deserve their deaths.
“Everything will be different – every Christmas, every birthday, every special day,” he said.
“In the future, getting married will be hard, having children will be hard … my mum and dad will not be there to be the grandparents they wanted to be.
Chantelle couldn’t wait to be 18 … I planned to teach her to drive when I got back from my Queensland holiday, now I will not get the chance to do that.
“Chantelle took lots of photos of our family and, now, that’s all I have … I feel empty.
“No matter what anyone does, it’s not going to bring them back or change it.”
His aunt, Sue Mahoney, spoke directly to Downie – who glared in response.
“I feel so much anger, hate and dislike toward Jason Downie and I will never forgive him,” she said.
“We have to live with this loss for the rest of our lives … it’s only fair he serves the rest of his in jail.”
Downie was sentenced to life, and will be deported to Scotland at the conclusion of his 35-year non-parole period.
TOMORROW ON ADVERTISER.COM.AU: PART 2
Originally published as Voices of the Voiceless, Part 1: Survivors of some of SA’s worst crimes confront their tormentors and refuse to be silenced
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