Cause Flinders Island of fisherman’s death “impossible” to know

An investigation into the “suspicious” death of a man while fishing with a friend was marred by lies, anomalies and the “non-attendance of important witnesses”, according to the Coroner.

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THE coronial investigation into the “suspicious” death of a Flinders Island man while fishing with a friend was marred by lies, anomalies and the “non-attendance of important witnesses”, a court has heard.

Handing down her findings in the Launceston Magistrates Court on Tuesday, Coroner Olivia McTaggart said it was “impossible” to know the cause of 42-year-old Robert Charles Mansell’s death.

She found that he disappeared between 3.30am and 8am on August 15 in the company of his friend Joshua Kennedy and died on or in waters around Flinders Island.

Mr Mansell’s body was never found despite a five day land, sea and air rescue effort.

Mr Kennedy, who was 20 at the time, gave an account that he had been fishing with Mr Mansell on the treacherous Salmon Rock at the mouth of North East River at Flinders Island.

In an affidavit, he said Mr Mansell climbed down rocks attempting to retrieve a snagged lure and slipped into deep, fast flowing water and disappeared below the surface.

Mr Kennedy described a courageous rescue effort in which he dived in and swam “a fair way” to his friend, despite having poor eyesight and being a weak swimmer.

“I kept trying to get Robbie back up onto the rock,” the affidavit said.

“Then we got hit by a second wave and I lost my grip on Robbie. I didn’t see him after that.”

The court heard Mr Kennedy searched for 15 minutes before leaving the site and drove a short way before his car ran out of fuel and he began walking.

Robert Charles Mansell, 42, who disappeared while fishing off Flinders Island on August 8, 2015. Picture: SUPPLIED

Ms McTaggart said she considered the circumstances of the case suspicious.

“In particular, the account of Mr Kennedy contained anomalies that suggested his version of Mr Mansell’s disappearance may not be truthful,” she said.

“It is quite plausible that Mr Kennedy had a physical fight with Mr Mansell leading to Mr Mansell falling into the water or being pushed into the water,” Ms McTaggart said.

“If there was a fight between the men, it might have involved their respective relationships with [a woman] or simply have been the product of their characteristic drunken aggression.”

Records showed Mr Kennedy did not attempt to call triple-0, despite having cell reception and telling police that he tried but had no credit or coverage.

She said he made no attempt to flag down a passing car, but the driver stopped anyway to check “why he was there at that time”.

The driver gave evidence that Kennedy was “behaving unusually” and was not wet.

Doctors with expertise in survival and rescue in extreme environments acknowledged that unusual behaviour may have been due to cold stress or psychological shock and his clothes may have dried.

Ms McTaggart said there were also questions as to why Mr Mansell had left his tobacco and phone in Mr Kennedy’s car despite evidence from family members that he would “smoke almost constantly”.

After a second investigation in 2018, the Director of Public Prosecutions determined that no charges should lie against Mr Kennedy in respect of Mr Mansell’s death.

Ms McTaggart commented on the investigation saying there were “potentially suspicious” circumstances that required more thorough investigation by police, who did not instigate a full investigation on the possibility of homicide.

“In hindsight, a more critical approach to the suspicious features of this case was required at

an early stage and may have resulted in more evidence being obtained.”