Seven settles with man wrongly identified as Cleo Smith’s abductor

Confidential deal for the man Seven News incorrectly identified as accused child stealer.

Cleo Smith pictured in hospital after she was found by police. Picture: WA Police

Seven West Media has reached a confidential settlement with an Aboriginal man wrongly identified as the accused kidnapper of four-year-old Cleo Smith.

On November 3, the morning after police stormed a rundown housing commission duplex in the West Australian fruit-growing town of Carnarvon and rescued Cleo, Seven West Media published a photograph of Terrance Flowers and said he was the accused kidnapper. This was incorrect. The man police had in custody that day over the crime was unemployed 36-year-old Terence Kelly, who has since pleaded guilty to snatching Cleo from her family’s tent at the Blowholes Campground on October 18.

Seven came to identify the wrong person in part because Mr Flowers was known to many in his community by his mother’s surname Kelly. His Facebook account was Terrance WB Kelly. As gossip spread like wildfire online on the morning of November 3, some people with distant or no connections to the young father wrongly concluded that he had been arrested.

However, there were early signs that social media detectives had it wrong. Sources close to the investigation were backgrounding reporters that the property where Cleo was rescued was the home of her alleged abductor but Mr Flowers’ lives 620km away in the iron ore town of Karratha. While Mr Kelly and Mr Flowers have the same first name, the spellings are different. Both men are Indigenous.

Terrance Flowers, wrongfully identified by 7 NEWS as the man in police custody over the abduction of Cleo Smith. Picture: Ngaarda Media

Terence Darrell Kelly, who last week pleaded guilty to abducting Cleo. Picture: Colin Murty

Mr Flowers and his partner initially spoke to their local Indigenous news outlet Ngaarda Media about how their joy over Cleo’s safe return turned to horror as they realised he was being blamed for child stealing.

“I rang up to my partner and I told her that baby, that girl, had been found and I was happy for her but then my sister rang me back and said they got my photo up for the person who took the girl,” he told Ngaarda Media on November 5.

Mr Flowers said he saw his photo on Sunrise and went to his local police station.

“I had a panic attack at the police station,” he said.

Mr Flowers sued Seven West Media for defamation.

On Wednesday, WA Chief Justice Peter Quinlan entered a judgment in Mr Flowers’ favour and the matter was otherwise settled confidentially. There was no order as to costs.

Mr Flowers‘ lawyers, O’Brien Criminal and Civil Solicitors, published a statement that they and their client “are very happy with the settlement and that Mr Flowers is looking forward to getting on with his life and enjoying time with his wife and baby son”.

A spokesman for Seven West Media declined to comment.