Paul Rice, a short man, his hair greying on top of his youthful face, was the Queen’s Counsel who acted for Dr Millhouse. He countered the arguments of Tony Bishop and argued that speculation was not sufficient in this case. He forcefully argued that the prosecution had not proved its case and commented how Dr Millhouse gave evidence on oath and he survived the cross-examination without any problems. He argued that it was dangerous for the jury to accept circumstantial evidence and mentioned several cases in which a convicted person was later found to be innocent. His arguments would have caused some of the jury to be concerned about the evidence. But the real crunch for Lee Haddon came when Justice Mohr summed up on 9 October 1980.
Justice Mohr slated the prosecution’s case during a talk to the jury lasting just under two hours. He strongly pointed out to the jury that suspicions and innuendoes were not enough. Any blood in the bathroom could not be shown to have belonged to Neil Muir. Items such as the clothesline and garbage bags were common items that could have been used by anyone. Although there were fibres on the Bandaid, the judge speculated that the Bandaid couldhave got into Neil Muir’s garbage bag from the Port River and the fibres may have come from another rug. Other evidence did link Neil Muir with the doctor; they had an association but the doctor’s denials occurred because he was concerned about his supply of drugs to addicts.
He asked the jury to be concerned only with facts. He also made the point that lies told by the doctor do not indicate a guilty conscience in relation to murder. He said that the lies may have been told for other reasons and noted that Millhouse had told the jury in his evidence that he was worried about losing his practice. Justice Mohr said that statements by the prosecution about sex between Dr Millhouse and Neil Muir were just speculation and had not been proven. In fact, he said the prosecution had proved no motive. The judge summed up and the jury of seven women and five men left the courtroom. They returned seventy-five minutes later.
‘Not Guilty,’ the foreman said.
It would have been a very brave jury that convicted Dr Millhouse after the summing up from Justice Mohr. Dr Millhouse’s mother and father were naturally very relieved at the verdict. They left the courtroom and returned to Mount Gambier with their son.
Chapter 5
Serial Killers
The evidence did not show that Dr Millhouse killed Neil Muir. The police psychologist, Milton Kelly, gave one view: the killer was someone who knew Neil Muir and could have mutilated him to punish him for real or imagined insults. This theory fitted with the views of Lee Haddon. Doctor Millhouse and Neil Muir may have had a falling out but there was no evidence to suggest this happened. In fact, many of the statements obtained by the police indicated that he was more likely not to have killed Neil. Witnesses said that Dr Millhouse was not violent. In fact, he was a weak man who would not start a fight.
I accepted Lee’s opinion about Dr Millhouse. He was an experienced detective and he knew the intimate details of the case. I only knew what I had read in the papers and the story from Lee. But something happened that caused me to reconsider my views on the case.
I was present in the Major Crime offices on the fourth floor of the Angas Street police building after Richard Kelvin was found. The squad office followed the open space layout of many modern office buildings, with the bosses in their own rooms at the end of the open spaces. The room was filled with older-style wooden desks with three drawers on the right-hand side, running down to the floor. Wire stacker baskets contained smaller amounts of paperwork which did not belong in the lever-arch files containing the statements from witnesses who could tell things to the police about murder investigations. These folders were kept on the desk if they were active files or in a storeroom if they were older files.
I was sitting at my desk working on some of my files relating to another killing, which happened at Coober Pedy. Glen Lawrie and I had been travelling to the outback town to investigate the killing, which had been witnessed by the local detective.
Trevor Kipling and Lee Haddon were talking about the Muir murder shortly after Richard Kelvin had been found.
‘I don’t think Millhouse did Muir. I think the same people have killed the lot,’ Trevor said.
‘No, that’s not right. Millhouse did Muir,’ Lee said as a tenseness started to set around his lips.
‘I bet you that the same people did the lot and Millhouse is not the one,’ Trevor said softly, but his words were heard by some of us in the office.
Lee’s face flushed and reddened. ‘Look, I should know. I arrested him. He did it, I’m telling you,’ Lee said in a voice that was pitching slightly higher as his frustration and anger rose from the suggestion that his assessment about Millhouse may have been wrong.
Lee was a sergeant and an experienced detective while Trevor was a senior constable, so Trevor was criticising a senior officer. Both had strong life experiences to back their judgement as police officers. Trevor liked to get out bush or go fishing and had been a country policeman in his earlier days. Lee, on the other hand, preferred the city life but had experience serving as a United Nations peacekeeper in Cyprus when State police were sent to that island as part
