Lingering Doubts in My Town Magazine

Please click here  to read the great article penned by Breanda Cross as she reflects on the 2014 Sandcliffe Writers Festival.
Deb and Jan

Analysis of Lingering Doubts by Dr Bob Moles

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Deb Drummond and Janice Teunis, Lingering Doubts – Going inside Brisbane’s Arcade
Murder Copyright Publishing (2013) ISBN 978-1-921452 01 7 262pp

This is a book which has all of the classic ingredients of a “miscarriage of justice” case. The death of a young girl in the most appalling circumstances. The understandable public alarm and outrage in the media. The very quick identification and apprehension of the suspect, sufficient to restore public confidence in the agencies of law and order. The question is, of course, were those handling the investigation too quick off the mark?

Bronia Armstrong, nineteen years of age, was found dead at an office in the centre of Brisbane in January 1947. It was one of the rooms connected to the health practice where she worked as a receptionist. Her immediate boss was Reg Brown who was subsequently convicted of her murder.

The analysis in this book has been compiled by his descendants. It has all of the surreal qualities of other miscarriages of justice including those of Lindy Chamberlain, Edward Splatt, David Szach and Sue Neill-Fraser. The first two have already been recognised as miscarriages of justice, and I am confident that the other two will be in due course. The common feature is that in each case, a person without any record of previous violence, suddenly engages in the most appalling acts in taking the life of another – in most cases someone close to them. Soon after, the alleged perpetrator is seen acting perfectly “normally”. The police, of course, would say that it just goes to show how devious and wicked the person is or was. The other explanation is that they got the wrong person. Reg Brown was by all accounts (he was an accountant) a peaceful and family-loving man. Conservative, hard-working and part of Brisbane’s comfortable middle-class. He was the manager / accountant at a health service centre in town. Bronia Armstrong was his assistant, and a good friend of Reg’s son Ian. Reg said he’d always treated her as a daughter. (p29)

One day, Bronia’s body is found on the floor of one of the consulting rooms at the health practice. Reg had only that morning reported to the police that he’d been attacked the previous evening by some hoodlums in the street near his office. His hands had various cuts and bruises to them which could indicate possible bite marks.

When the police turned up to the scene of the murder, and (literally) looked around for a convenient suspect, there was Reg with bruised fingernails and bits of skin off his hand. The love and support of one’s fellow human beings can be a very fickle thing. “In the space of a few hours Reg Brown’s lifetime of good character was deemed inconsequential. He was suddenly labelled a liar and a murderer and people he was barely acquainted with arrived at the [police station] prepared to vilify him.” (p35) Immediately, Reg was transposed by the media into someone who was smug, sure of himself and slightly sleazy (p20). The fact that Bronia had been outwardly friendly to Reg and his family and had visited them at their home would now be overlooked. (p88)

Reg suffered from a number of flaws common to people in such cases. He disliked injustice (p45) and believed that being innocent and trusting in the legal system, would lead to a correct result. When first asked to go with the police in relation to their inquiries, Reg tried to reassure everyone by saying “it’s all a mistake, it will soon be sorted out”. (p49) The alarm bells should ring when the authors note that all of the police evidence was handed to them on the first day of the investigation and throughout all the subsequent inquiries, nothing further occurred to encourage them to alter their line of inquiry to any significant degree. (p187) With the experience of significant numbers of wrongful convictions, the phenomenon is called “tunnel vision”.

There are a number of other common factors. The police, being confident that they have identified the perpetrator of an unforgivable act, show no sympathy. In this case the police were described as “intimidating and harsh” (p48)

Sometimes they can be over confident and slack about following “proper” procedures. One policeman gave evidence about lengthy interviews with the accused and was able to recite them in detail, without notes - or with rough notes “not presented at trial”. (p25) Why would they follow up other leads, when they have the perpetrator in custody? The book records that the alibi of another person of interest was taken at face value (p84) and that another wasn’t even asked for an alibi (p129). It also appears that other evidence inconvenient to the prosecution case was either overlooked or not pursued. (pp71, 86) It is often the experience with such cases where police have strong suspicions but very little evidence that a convenient informant materialises. In this case, there was a convenient “eyewitness” to inform police about Reg’s prior inappropriate behaviour with the deceased girl. (p91) Another one of the convenient witnesses appeared to have been given certain benefits by the state. (p163)

Another common problem is the fact that forensic procedures may often be incomplete or inappropriate. In this case, some of the forensic evidence had been thrown away after the initial forensic tests had been done. (p65) The forensic examination at the scene was incomplete (the failure to take temperatures) and key pieces of evidence which did not fit the crime scene were “overlooked”. In this case it was the presence of ants on the body which might have indicated that the body had been moved. (p97) There also appeared to be inconsistencies between the injuries to the accused and the lack of injuries to the deceased. (p99) Indeed, it seems the police were keen to ensure that no further testing was carried out on some of the crime scene items. (p101) Sometimes presumptive tests were used without follow-up confirmatory testing. (pp101, 103)

By the time much of this evidence comes to be put before the public in the trial, it may seem almost rude to suggest that everything has not been done properly. In those days, before the comfort of television, people were keen to get out and see what was happening. The authors say that in this case Reg was confronted with huge crowds which turned out to see the public enemy. Here, some 300 people waited in the hot sun for hours to get into the court. (p61) The Crown prosecutor’s zeal (p136) may no doubt help to explain why proper rules of evidence and procedure were not followed. One of the prosecution police witnesses was described by a senior officer as a “near expert” which means that his opinion evidence should have been held to be inadmissible. (p140) The legal position is that only “real experts” can give opinion evidence in such cases.

In this case even witnesses, without any pretence to expertise, were allowed to express opinions about where certain noises had come from, and their evidence was contaminated by the way in which it was elicited by showing them around the scene. (p150) As the authors state, it was clear that the detectives had led the witnesses to make false assumptions. (p152) The evidence of one “witness” was referred to by the prosecution without that person ever being produced in court. (p176) Inappropriate fingerprint “evidence” was described by the examiner as insufficient to be used in court – but it was. (p142)

The authors say that the failure of the defence lawyers to object to this was puzzling. (p177) They also observe that sometimes the defence did not pursue appropriate lines of inquiry. (p130) Such reticence on the part of defence lawyers is a common feature in such cases. As Reg found to his cost, with the benefit of hindsight, the most trivial of everyday incidents can be turned against him and will be seen to be more dubious. (p116) Reg, every time he opened his mouth, was labelled a liar. (p183)

The outcome was predictable if deeply regrettable. Throughout, Reg stuck to his belief that truth would prevail over adversity. (p190) Despite that, Reg was convicted of this heinous offence and sentenced to life with hard labour. Many of the police officers involved in the case were given letters of commendation or other prizes for their “devotion to duty”. Some went on to obtain high office and some of them along with others were subsequently found to be guilty of corruption.

The final twist in the tail is when we learn that Reg (or someone on his behalf) took his life - by hanging in his prison cell - barely a week after he was convicted. There is no doubt that such cases are the working out in real life of the old good vs evil stories. Police investigators, prosecutors and even members of the public can excuse the lack of attention to detail or the failure to follow proper procedures, because of the wickedness of the crime and the obvious evil involved.

But what if, as the authors suggest, the lack of attention to detail in the investigation and prosecution, means that the wrong person was convicted? Then, of course, we haven’t corrected a social wrong, but perpetrated another, maybe as bad as the original crime itself. Then of course the inevitable question arises. Is it better to “put things right” or to “let sleeping dogs lie”. On many occasions, the authors recognised that “an inconvenient truth” can be very troublesome to those (sometimes including themselves) who may not wish to hear it. I believe them when they say that they were “seeking the truth” whichever way it was to come out. They have provided compelling reasons to suggest that this was in fact a serious miscarriage of justice. In terms of legal procedures, it is never too late to put things right. There have been many other cases where people brought appeals long after their cases were thought to have been finally determined. Throughout the cases (UK and Australian) there are constant references to the need to maintain confidence in our criminal justice system and in our system of appeals.

On 16 September 2012 it was reported in Victoria that the case of John Bryan Kerr who had been convicted of murder in 1949 had been reopened after another person recently confessed to the crime: “Police expected to contact the Office of Public Prosecutions for the John Bryan Kerr conviction to be reviewed.” The article also reported that: “In 2006 an appeal for mercy was made to Victoria’s Chief Justice in the case of Colin Ross, hanged over the notorious Gun Alley Murder in 1921. In May 2008, Mr Ross was pardoned by the Governor of Victoria.”

In December 2010 it was reported, “Fred McDermott, an itinerant shearer and alcoholic, was convicted in 1947 of the murder of Bill Lavers, an English-born shopkeeper and service station operator at Grenfell, in southern NSW.” It continued, “A hearing begins today in the Court of Criminal Appeal, against a murder conviction, in which the victim has been dead for 74 years—and the accused for 33.” In May 2013 the conviction was set aside and a verdict of acquittal entered.

There have been four cases in the UK where those who were hanged have had their convictions overturned. The authors are to be congratulated for their painstaking work and the clear and balanced presentation of their findings. It is clear that they have worked hard to do what those with legal responsibilities in relation to the case failed to do. It will be interesting to see whether it leads to the conviction being challenged through the courts in due course. I am clearly of the view that it ought to be – although I am well aware of the considerable procedural issues which might stand in the way.

Robert N Moles 1 April 2014

Bob Bottom speaks out - Des Houghton C-M 6.9.2014

When we discussed our book last Saturday at the Sandcliffe Writers Festival, as we usually do we told the audience about a man who has played a significant role in the publication of Lingering Doubts. We said he had always encouraged us to write our grandfather's story and quoted his exact words 'not just for the sake of your family but in the public interest'. We said how grateful we were to Bob for writing our Foreword and travelling from interstate  to launch our book. We mentioned that Bob had introduced us to our publisher, John McRobert. We also conveyed to the audience that Bob Bottom is an exceptionally brave man explaining how he has put his life on the line to expose criminal activity in our country. Bob, who is more informed than most, has written extensively on organised crime and has initiated some 18 Royal Commission and other inquiries.
 Today in The Courier-Mail Des Houghton describes Bob Bottom as 'Australia's most successful crime buster..' Bob has felt the need to come forward with some strong views.

Read Bob Bottom's opinion by Des Houghton

Researching and Writing True Crime - Sandcliffe Writers Festival

Many thanks to the staff at the Bracken Ridge Library for hosting our shared presentation today. Steve Bishop's informative albeit disturbing introduction, describing the police culture that once prevailed in Brisbane and in Queensland, led the way for us to tell our grandfather's story. Today we were reminded once again that the pain and suffering caused by past injustices continues to take its toll on families.  A member of the audience approached us with tears in his eyes as he spoke of the abuse and unfair treatment he received at the hands of the justice and penal system 50 years ago.  The trouble is the perpetrators - like Frank Bischof - got away with it.

Thank you also to Cheryl Jorgensen and Adele Moy for their dedication and hard work in organising this year's spectacular Sandcliffe Writers Festival.

From left - Cheryl, Deb, Steve, Janice and Adele

Dr Bob Moles on 60 Minutes

Information just received from Dr Moles:
Bob Moles has spent some time in Hobart in the last week or two.
The case of Susan Neill-Fraser. This is a shocking miscarriage of justice case:
http://www.jump-in.com.au/show/60minutes/videos/3741318855001/ 
I met with politicians and media people in Hobart last week.

I hope you find the program to be of interest.
Best wishes,
Bob

Dr Bob Moles

Networked Knowledge
Tel 08 8270 6524
Mobile 0405 10 6524
Web: http://netk.net.au
Email: robertnmoles@gmail.com

Eastman murder conviction overturned

Read the latest news on this 25 yr old case...

Eastman murder conviction overturned

Lingering Doubts - Book Review

Our latest reader review! Unfortunately for very good reason the writer must remain anonymous:

I came to "Lingering Doubts" as a sceptic. Instead, I find myself both fascinated and impressed.
Here is old-time Brisbane, twenty years previous to my earliest memories. Deb and Janice have evoked this lost city in loving detail. Few buildings remain today. The rattle of trams, full of people reading the Telegraph, are long vanished. The country town, with its contented and untroubled citizens, has become our bustling metropolis. A thousand small businesses in older buildings have given way to towering skyscrapers where only high-priced companies can find premises.
One of these former places was the rooms of the Brisbane Associated Friendly Society, upstairs at the now vanished Wallace Bishop Arcade. When I was a boy I met a very old Watchmaker who remembered "Old Mr Wallace Bishop" and the superior work he did on watches.
"Lingering Doubts" is no crime novel, featuring strange and wonderful coincidences that require convoluted solution. It is a true tale of Brisbane. It tells of the infamous Frank Bischoff, who was later to become the spectacularly corrupt Police Commissioner of Brisbane. He supervised the murder investigation of pretty young Bronia Armstrong. He weaved his web around mild-mannered accountant Reg Brown, with planted evidence and unsigned and unwitnessed "interview statements". That Reg was known for his steady employment, his good works, his happy marriage, meant nothing. According to Bischoff this man had spent weeks secretly planning to rape and murder his typist right there in the rooms, stowing her body in the back storeroom.
Fantasy featured deeply in Mr Bischoff's life. He led repeated raids on the milk bars and sandwich shops where Bodgies and Widgies gathered, confiscating their clothes and issuing them clean white shirts so they could look like decent people.
The corruption revealed by Queensland's Fitzgerald Enquiry was fully developed by 1947. Planting of evidence was normal practice. Police examined the medical rooms where the body was found. Later that day they came back for further examination, opened the Accountant's desk, and there in a drawer was the murdered girl's necklace. Look, we found a clue! This cunning and secret plotter must have left it there unwittingly.
I do not think we will ever know who killed this teenager. Reginald Brown was convicted. He had worn a hernia truss every day for years, but apparently that didn't prevent him from having his wicked way with the girl. Except, the autopsy showed she died a virgin. The makers of hernia trusses ought to have advertised the miraculous convenience of these devices, which apparently in no way inhibit a man's amorous activity.
I have done a good deal of research into various topics, but I take my hat off to Deb Drummond and Janice Teunis. They have uncovered police documents that never came to the courtroom. They found a still living sitness whom police pretended had never come forward. In fact, his testimony had been literally suppressed. They found detail after detail, document after document. People in their eighties recounted their knowledge of the case. An aged prison guard gave hair-raising accounts of almost unbelievable things that went on in Boggo Road Prison during the 1940s. "Lingering Doubts" is peppered with people like this. This book is easy reading but Deb has a file twice as thick, of back-up documents for every statement in the book, in case other researchers want to look too.
All these characters come to life in the book. The reader is right there among them. Those of us who love Brisbane will know that few books bring to life the 1940s city like this.
Greatly appreciated, Deb and Jan

Lingering Doubts - Riverbend Books and Teahouse

Lingering Doubts - Going inside Brisbane's Arcade Murder has now been included in Riverbend's Catalogue. Lingering Doubts available at Riverbend Books
Settling down with a cup of tea or coffee and a new book under the trees in this leafy haven... does it get any better than that?? :)
Deb and Jan

Lingering Doubts to be presented with Steve Bishop

Back home now and looking forward to presenting our grandfather's story alongside Steve Bishop, author of The Most Dangerous Detective - The Outrageous Glen Patrick Hallahan and the Rat Pack at the upcoming Sandcliffe Writers Festival. Saturday's program below:

SANDCLIFFE WRITERS FESTIVAL PROGRAM

Saturday 30 August at Bracken Ridge Library, Barrett St. Bracken Ridge

9.30am-11am. Researching and writing true crime stories. Presenters: Deb Drummond, Janice Teunis

and Steve Bishop, followed by question time

10.30am – 12.30pm. Choose your own adventure stories- a writing workshop for upper primary aged children, from ideas to story trees’ with Duncan Richardson, at Bracken Ridge Community Hall next to the library

11.00 – 11.30am: Morning tea

11.30am-12.30pm: In conversation with local writers ‘Aunty’ Ruth Hegarty and Jacqueline Husson,  followed by question time

2.00pm-4.00pm. Making Picture Books a workshop for adults with Peter Carnavas at Bracken Ridge Community Hall next to the library, please bring paper, lead and coloured pencils

2.00pm – 5.00pm. Poetry writing workshop for adults with Samuel Wagan Watson

All  the above author events and workshops are free of charge, but bookings required.

Phone Bracken Ridge Library (open Tues-Sunday) on 366 76060

To see the full weekend's program please click here
Deb and Jan

Lingering Doubts - Granddaughters speak in S.W. Queensland

We have now shared our grandfather's story with residents of both Cunnamulla and Charleville. Copies of Lingering Doubts - Going inside Brisbane's Arcade Murder sold particularly well in Charleville. Following our presentation of the story orders continued to flow in via our Motel Manager. :)

Thank you to the staff at St George and Cunnamulla Libraries and Charleville's Healthy Ageing Program (every town should have one of these wonderful centres). Older residents who grew up in Brisbane remember the 'Arcade Murder' and expressed their parents' doubt, back in 1947, that Reg Brown was guilty of this crime. We continue to meet fascinating people on this journey. Tomorrow we present Lingering Doubts to patrons of the Mitchell Library.

More photos will soon appear on our facebook page...
Deb and Jan