Von Einem started reading his statement in his normal impassive way of speaking and acting. There was not one nervous mannerism.
‘Ladies and gentlemen of the jury, I am not guilty of the murder of Richard Kelvin. I am thirty-eight years of age. I am single and, as I told the police last year, I am a homosexual. Up until my arrest I lived with my mother at . . . Paradise. We moved there in late April 1983. Before that we lived for five years at . . . Campbelltown.
‘I worked for eighteen years at Pipeline Supplies of Australia at South Road, Regency Park as an office accountant.
‘In 1982 I bought a Ford Falcon, registration number SXK–257, from Pipeline Supplies and sold it to Mr Bondarenko on Saturday, 16 July 1983. The registration of that vehicle expired on the 13th of July 1983. I sold that car because I did not need two cars and I wanted some money for my overseas trip.
‘In or about Christmas 1981, before I bought the car, the muffler was replaced at premises on the corner of Main North Road and Grand Junction Road near Gepps Cross. After that time it had a normal exhaust. There was rust in the boot from a leaky esky and window seal. I painted the boot with epoxy resin to cover the rust and prevent it from spreading. I did that on a Saturday afternoon, either the 2nd or the 9th of July 1983. I am not sure which.
‘The silver Toyota Corona was my other car. I was using that in June and July of last year. It, too, had a normal exhaust.’
Von Einem was explaining that he painted his boot because it was rusted and he wanted to sell it, not to hide any evidence. Also, he was saying that both of his vehicles had normal exhausts and was suggesting that the noisy car that was used to abduct Richard Kelvin was not one of his cars.
‘On Saturday, 4th of June 1983, I had a garage sale at . . . Street. My mother stayed that night at the Alcorn’s house at Houghton. I was going to go out that night but did not because I began to feel ill. Later that night I locked myself out of the house and had to go up to Houghton to get door keys from my mother. I think it was about 10 p.m. I then came home and went to bed.
‘On Sunday 5th June 1983, I went to the Railway Museum at Mile End with my nephew, Robert, in the afternoon. I was wearing my old brown cardigan because at the Railway Museum I was climbing all over engines and carriages. Robert and I went back to my place and Robert left.
‘I then decided to go to O’Connell Street, North Adelaide to buy some fish and chips or a hamburger. I realise there are fish and chip shops closer to my home, but I fairly often used to go to O’Connell Street to get takeaway food.’
Earlier in the trial Brian Martin had the owners of five fish and chip shops situated between von Einem’s home and North Adelaide give evidence to say whether or not their shops were open that fateful Sunday night. Brian was showing that von Einem was on the prowl that night, not just out buying fish and chips. Now von Einem was answering this evidence.
‘I was driving the Toyota along O’Connell Street in a southerly direction but did not see a car park. I decided to drive around the block and turned left into what I now know was Boulton Street. I was driving along Boulton Street in a northerly direction. I was drinking a can of beer. At the time it was on the seat between my legs. When I was at about the junction of what I now know to be Marian and Boulton Street[s], a youth whom I now know to be Richard Kelvin ran in front of my car from Marian Street. I had to brake to avoid him. He was running. I wound my window down and he came over to the driver’s side. He rested his arms on the roof, as I demonstrated to Detective Kipling on my interview on the 1st March this year and as you have seen him demonstrate to this court.
‘I have heard Detective Kipling’s evidence of the interview he had with me on 1st March this year. In that interview I did my best to tell Detective Kipling truthfully what I could remember of what happened between Richard Kelvin and I on the night of Sunday, 5 June last year. What I told him is what happened that night. There is nothing else of importance that I can remember now. I told Detective Kipling the truth and I ask you to accept what I told him as part of my statement to you.
‘The last I saw of Richard Kelvin was when I dropped him off opposite the Royal Adelaide Hospital on that Sunday night. I do not know anything about what happened to Richard Kelvin after that. At no other time was he at . . . Street.
‘After I dropped Richard Kelvin off I returned home. I was going to pick up my mother but did not feel well enough to do so. Later I drove to my sister Carlien’s to ask her to pick Mum up from the Alcorn’s but I thought it was too late. So I rang up the Alcorn’s house to say that I would not be up that night