Inquest into the death of Marcus Shanahan [2011] NSWLC 38

Local Court New South Wales

Medium Neutral Citation: Inquest into the death of Marcus Shanahan [2011] NSWLC 38 Hearing dates: 03/11/2011 Decision date: 15 December 2011 Jurisdiction: Coronial Before: Magistrate van Zuylen Decision: I find that Marcus Shanahan died between 14 and 16 March 2008 as a result of blunt force chest injury but I am unable to determine the manner in which those injuries were sustained or inflicted. Legislation Cited: Coroners Act 2009 Category: Principal judgment Parties: N/A Representation: Sgt R Gordon (Prosecutor Assisting) Mr J Last (for Mr John Sweet) File Number(s): 9/2008

JUDGMENT 1Marcus Shanahan was a 61 year old man who, at the time of his death, was living alone at an address in Cooma. He had been living at that address since approximately October 2006. Marcus Shanahan had fairly regular contact with his younger brother Bryan Shanahan and his son Tobias Shanahan who was born on 6 January 1972. 2Marcus Shanahan was born on 4 December 1946, attended boarding school at Forbes and completed his schooling at Goulburn. He commenced Teachers College at Wagga for a little while; he then attended ANU in Canberra. He commenced Arts School at Canberra and attended for 2 years, and moved to Melbourne where he finished his Art Sculpture course with honours at Prahran Art School. Marcus did abstract sculpture. He, at various times, lived and worked in Melbourne, Sydney, the Blue Mountains, Canberra and eventually ending up in Bredbo and finally in Cooma. His brother bought the house in Cooma for him as he described Marcus as "Drifting around a bit". His son, Tobias, knew his father Marcus to be a "Big drinker". 3On 16 April 2008 at 16.14 hours and 58 seconds, a '000' call was received from Marcus Shanahan's neighbour John Sweet. He said that he was unable to wake him and as a result of the call, an ambulance attended at 16.22 hours. Ambulance officer Tracey Solari entered Marcus Shanahan's house and saw him laying on the floor in the lounge room just inside the front door. Marcus Shanahan was partially undressed, wearing a black t-shirt and underpants on. His underpants were down at the back but not pulled down at the front. He was laying in a lateral position with his knees flexed. He was not breathing and appeared to be obviously deceased. 4Marcus Shanahan's body was first taken for autopsy to Kingston Forensic Centre (Mortuary) in the ACT. On 20 April 2008, the pathologist Dr Sanjiv Jain, after his technician had eviscerated the organs, observed within Mr Shanahan's chest cavity, unusual bruising and blood around the rib cage and probably about 300 ml of blood either side of the chest cavity. Dr Jain was concerned so he sought further information regarding the circumstances surrounding the death. The Cooma Coroner made a decision to send the body to Glebe Mortuary for autopsy. 5Dr Istvan Szentmariay of the Department of Forensic Medicine Glebe conducted the autopsy on 23 April 2008. The Coroner at Cooma received his written report on 6 February 2009. In Dr Szentmariay's report, the direct cause of death was blunt force chest injury. His report also stated, "Based on the relatively focal (chest) nature of the severe injuries along with a patterned injury of the anterior chest, the case is considered suspicious and administration of a relatively blunt force causing the above described injuries should be considered, although injuries at that magnitude may occur in alcoholics without third party involvement." Mr Shanahan had a blood alcohol reading of 0.115 g/100ml. 6Due to the suspicious nature of the injuries, a decision was made to hold an Inquest, which occurred at Cooma Local Court on 3 November 2011. 7The first witness called was Detective Senior Constable Mathew Barry. The Police Brief of Evidence was tendered and the '000' call was played. When questioned, Detective Barry said, "I don't have any idea how the injuries (to Marcus Shanahan) occurred." 8In their investigations, the Police interviewed and obtained statements from 12 neighbours, current friends, past friends, family members and acquaintances. The only specific information of dealings these witnesses had with Marcus Shanahan over the days before his body was found on 16 April 2008, was in a statement from Harley Melhopt, a friend, who saw him on 13 April 2008 and his brother, Bryan, who spoke to him by telephone on Monday 14 April 2008. The only other person who had dealings with Marcus Shanahan in the days leading up to the discovery of his body was John Sweet and I shall refer to them later. 9Dr Istvan Szentmariay gave evidence by telephone. He described the injuries observed by him on Marcus Shanahan as massive soft tissue injuries. The injuries were caused by a very severe and very large force and, in his opinion, a single event. He described the injuries as consistent with being run over by a motor vehicle of some sort or something falling on top of him. Dr Szentmariay was asked if the injuries he observed on Marcus Shanahan, who had a long term history of excessive alcohol consumption, could be caused by falling over. He answered that it would be very very highly unlikely. The huge trauma to the chest would make it very painful to breathe and walking would be extremely difficult due to the pain of breathing. He would expect death to occur within half an hour of receiving these injuries. Dr Szentmariay also said that the severity of the injuries would also make it very painful for him to undress himself. 10John Owen Marriott Sweet was sworn in as a witness. He gave his name and address, and at that stage, his solicitor Mr John Last, advised the court that his client would not answer any questions pursuant to section 58(2) of the Coroners Act 2009. This section provides that a person cannot be compelled to answer any question that might tend to incriminate them for an offence under an Australian law. 11Whilst John Sweet, through his solicitor, declined to answer any questions at the Inquest, he has on prior occasions spoken to the police and other persons about what he says are the events leading up to the discovery of Marcus Shanahan's body on 16 April 2008. 12John Sweet has spoken, at some length on 3 occasions to the police about the events surrounding the discovery of Marcus Shanahan's body on 16 April 2008. He spoke to police on 16 April 2008, and by way of an electronically recorded interview on 23 April 2008 and 5 August 2008. In general terms he maintains the same version of events. He says that Marcus Shanahan came over to his place on the evening of Monday 14 April 2008, they consumed a couple of litres of cask wine. Marcus Shanahan left to return home. About 20 minutes later, he saw movement outside, went to Marcus Shanahan's front yard, saw him slumped on the ground, was unable to understand what he was saying, got a chair, sat him on it, got him into his house, made him a cup of tea, saw that he was okay and left him there. In his interview of 23 April 2008, he says he called him by telephone on Tuesday afternoon (15 April 2008) but there was no answer; he called him again on Wednesday (16 April 2008) but again received no answer. 13Detective Barry was recalled to give further evidence of there being washing, including moleskin trousers, which Marcus Shanahan was believed to be wearing at some time before his death, hung on an outside washing line. No evidence has been able to be obtained of how the washing came to be on the line or who put it there. 14If John Sweet's version of what he says occurred from Monday 14 April 2008 to 16 April 2008 is a truthful one, Marcus Shanahan's fall described by him and subsequent helping inside and making a cup of tea for him, cannot explain the severe chest injuries observed and described by Dr Szentmariay which caused his death. 15Inspector Neil Grey, in his statement of 12 December 2010 says that in his opinion, the injuries could not have been occasioned within the environment in which Marcus Shanahan's body was located and that the injuries could not have been occasioned in the manner hypothesised by any of the witnesses interviewed and he believes Marcus Shanahan was either murdered or died as a result of misadventure which has been subsequently covered up. After careful consideration of the brief and oral evidence heard during the Inquest, I am also of the view that Marcus Shanahan died in suspicious circumstances or by misadventure which has been subsequently covered up. I will be handing down an open finding in the matter. 16I make the following formal findings: I find that Marcus Shanahan died between 14 and 16 March 2008 as a result of blunt force chest injury but I am unable to determine the manner in which those injuries were sustained or inflicted. Magistrate van Zuylen Cooma Local Court DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 26 March 2012