Jasinski with the defence of von Einem. They were told about the evidence concerning the drugs, fibre and hair prior to the committal. They checked the evidence with their own experts, and also checked the reputation of the people who were presenting the evidence. They had the criticisms of the Splatt Royal Commission to use as a guide. Von Einem said that he was not with Richard Kelvin but the hairs and fibres told us differently. Richard Kelvin was at von Einem’s house at some stage but that was a long way from proving abduction and murder. Also, von Einem had the opportunity and the pills to pick up and control Richard Kelvin.

Von Einem didn’t have to say anything and we would have been presenting a circumstantial case to the jury because no one could say that they saw him with Richard Kelvin at any stage. But the trace evidence presented strong circumstantial evidence to show that Richard was with von Einem. That, with the drugs and similar fact evidence of the drugged boys, presented a good case but there’s nothing like a witness to tell the jury what really happened. So far we didn’t have one. As well, Brian Martin and Paul Rofe were concerned because the public and potential jurors would be aware of problems with scientific evidence because of the Splatt Royal Commission.

The committal to determine whether or not there was enough evidence to send von Einem for trial started on 20 February 1984. There was an adjournment after the first day and it restarted on 27 February 1984. Barry Jennings and Helena Jasinski knew that they didn’t have to say anything at this stage. The committal was an opportunity for the defence to test the prosecution case.

Things started to get interesting on the 28th. Barry Jennings said to the court that he had instructions from his client, von Einem.

‘Your Honour, my instructions are that on the night of Sunday, 5 June 1983, Richard Kelvin was willingly in the company of the defendant and that he had a conversation with the defendant in the course of which he mentioned inter alia the fact that, paraphrasing and putting this in broad terms, that he had problems at school and was ragged. This was something he was upset about.’

Von Einem wanted to say that he was with Richard Kelvin. This was sensational news and a fantastic development. This statement showed our scientific evidence was right and now we should have less concerns about presenting it in court.

Barry and Helena advised him not to say anything but von Einem had wanted to provide an explanation about why his hair and fibres from his house and cardigan were on Richard’s clothes. Von Einem thought he was smarter than the system. He thought he could beat the system, perhaps, just as he had done previously. But judgment day was fast approaching — we would have to wait and see just how smart this deviate really was.

Chapter 11

The Alibi

Trevor and I drove down Port Road, which leads to Port Adelaide and Mutton Cove. At Thebarton, we turned the police car right to the appropriately named Gaol Road. We drove past the police barracks. The famous police greys trotted in their paddocks amongst the olive trees and we continued on to the remand jail where von Einem was being held. The new remand centre had not yet been completed and prisoners waiting to go to court were kept at the old Adelaide Jail. The first sections of the old Adelaide Jail were completed by 1841, five years after the State was founded, and it was the first government building of the colony of South Australia.

We parked out the front and met Helena Jasinski, who was standing by the side of her car waiting for us.

I wonder how von Einem found you? I thought. Lawyers don’t generally advertise so people don’t really know where to go. People who are involved in the court system want the best lawyer they can afford but where do you find a good criminal lawyer who is going to get you off? Legal aid lawyers are found through the system but when a lawyer is not working for legal aid, how are they found? Invariably, people must talk and lawyers’ names get passed around. She had been fair and reasonable in her dealing with Trevor and I previously, and I wondered what would happen on this occasion.

Together we moved towards the archway that held the two large wooden doors of the jail. Of all the times that I have been to the jail and run past it during various training courses at the Thebarton Police Barracks, I have never seen those two massive gates open. What does open is a much smaller rectangular door cut into the arched gate on the right side. A peephole is cut in the left-hand gate for jailers to see who is there.

After approaching the doors, Trevor pressed the buzzer. A fat face peered at us inquiringly through the peephole.

‘We’re here to speak to Bevan von Einem,’ Trevor said.

The face looked at the three of us without emotion and the keys jangled on the large stainless steel ring attached to the man’s belt. Metal hit metal and the large key turned in the lock of the access door. The guard swung open the door.

We stepped down into the sallyport of the jail. The roadway leading to the gates had been built up with layers of bitumen and now the roadway was higher than the green concrete floor immediately behind the doors. We entered the four metre by ten metre reception area of the jail; a glass and wood office which would have been built in the 1960s sat inside the sallyport. It took up a quarter of the area and provided some comfort for the jailers. There were also offices either side of the rectangular area. Access to the inner sanctum of the jail was stopped by two gates made of iron rod and

Вы читаете Young Blood
Добавить отзыв
ВСЕ ОТЗЫВЫ О КНИГЕ В ИЗБРАННОЕ

0

Вы можете отметить интересные вам фрагменты текста, которые будут доступны по уникальной ссылке в адресной строке браузера.

Отметить Добавить цитату