Robert Farquharson Homicide Review PDF

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Course NameAssessment NumberStudent NameTutor NameWord Count-

CCJ114 Homicide 2. Robert Farquharson Homicide Review Michael Briody 2031

A growing concern of fathers who kill their children, goes largely misunderstood. Its a struggle to understand their actions and motivations behind such a heinous crime. Yet these tragedies are not inexplicable. When fathers deliberate kill their children, it is often because the father is upset or angry with their former partner for leaving the relationship. The act of killing their children appears to be directed at the mother as the ultimate form of punishment. On Fathers Day 2005 news of the Fraquharson triple homicide case divided the media and social networks across Australia. Was there a motivate for murder, or was it a tragic accident? There was minimal evidence to obstruct the police investigation process, though intrinsic errors were made this was enough to establish a court re-trial. This review will explore the main elements of the homicide investigation and progress to analyse errors presented in the case. Furthermore present future prevention methods against errors. Lastly, the medias role and influence of this case in the court room and the public.

Investigation Summary On Fathers Day 2005, Robert Farquharson was travelling along Princess Highway, 7 kilometres north of Winchelesa, Victoria, when he swerved off the highway into a dam drowning his 3 children. (R v Farquharson). The deaths of Jai, 10, Tyler, 7 and Bailey, 2 were first perceived as a tragic accident, however it quickly became apparent this was not a tragic accident but an act of homicide. Specifically filicide, the deliberate act of a parent killing of their own child. (Australian Institute of Australia). The responding officers at the scene became suspicious of Farquharson’s demeanour. This behaviour was soon deemed as Farquharson’s ‘dam side conduct’ (Tyson, 2009) The Major Collision Investigation Unit (MCIU) were called to begin processing evidence at the scene, in conclusion of the evidence the MCIU determined that Farquharson was in-fact control of the vehicle when it diverged into the dam. This evidence explicitly provided that police believed that Farquharson was attentive behind the wheel of the vehicle (R v Farquharson. 2009)

In the initial stages of the investigation Sergeant Geoffrey Exton from the MCIU began to map and photograph evidence at the scene. However due to poor lighting of the rural area, the use

of state emergency services lighting and the combination of a torch were required to capture the geographical environment including the apparent tyre marks which had been marked with yellow paint in the form of digital imagery. (R v Farquharson, 2009; Tyson, 2009) These markings were crucial evidence in establishing the exact point and angle that Farquharson’s vehicle took before crashing into the dam. Alarmingly this evidence showed that there was no evidence of skid marks or breaking attempts. It was during this time Farquharson was taken to Geelong Hospital. At 9.55pm Senior Constable Rohan Courtis interviewed Farquharson and recorded his side of the story (Norris, 2013)

The geographical evidence previously gather at the scene was later used to reconstruct the incident. An accident and reconstruction expert Acting Sergeant Glen Urquhart from the Victorian Police constructed a simulation of the incident computer (R v Farquharson 2009; Tyson, 2009) Significant importance was place on observations, plans and photographs of the area to help reconstruct the incident. Acting Sergeant Urquhart utilised this evidence to reconstruct the incident using a computer simulator.

During the initial response phase police detectives responsible for gathering evidence conducted interviews with numerous people know to the family of Farquharson and the children's mother Cindy Gambino. This included a long time friend of Farquharson Greg King. King provided statements of a conversation he had between Farquharson that said “He planned to make his ex-wife suffer” (The Sydney Morning Herald, 2012) It was noted that King did provide three different statements to police over the course of the investigation the second and third statements provided a more serious version then previous statements (R v Farquharson, 2009).

Investigation Flaws A major flaw in the Farquharson case which enabled a cause for a re-trial were the intrinsic errors made during the investigative stages. (R v Farquharson, 2009) This was apparent in the

Farquharson case as the yellow spray paint used to mark the tyre tracks from Farquharson’s vehicle were not correctly marked as they were made under less then optimal conditions and were not parallel, in fact they were made “even sloppy” (Tyson, 2009) This posed a problem as the MCIU photographed the tyre marks using inadequate lighting conditions. Some of the images even appeared to show the existences of other markings and were of a blurry quality. (R v Farquharson, 2009) This posed a problem as the MCIU were questioned at the trial and it was implied that the measurements were not preformed with accuracy (R v Farquharson, 2009) Furthermore, the images of the yellow markings used to reconstruct the incident and were undoubtedly resulted in a lack of accuracy.

Tunnel vision is another intrinsic inhibitor and was clearly evident in the police investigation. The police officers who initial responded to the incident immediately placed suspicion onto Farquharson due to his unusual behaviour. This suspicion resulted in ‘tunnel vision’ and became evident during the reconstruction of the crime scene. Evidence that was constructed by officers was produced in a way that it would align in with their versions and theory as to what transpired. This was shown in the simulated experiments. The reconstruction was different in both the model of the vehicle and the direction of the virtual vehicle driven by Farquharson (Tyson, 2009) Despite claims Farquharson had a coughing fit that caused him to black out and lose control of the vehicle. (Norris, 2013) Experiments conducted were done so under the impression that Farquharson was conscious and coherent throughout the incident (R v Farquharson 2009; Tyson 2009) ‘Tunnel Vision’ is argued that it can cause errors in an investigation as police may consider or collect evidence that preserve points to their original hunch. (Rossmo, 2009) These errors can lead to additional errors or a wrongful conviction.

During the investigation Greg King provided three statements to the police of a conversation he had with Farquharson, each were more detailed then the previous. King accounted this to the “conversation coming back to him in stages over time” (R v Farquharson) However there was no

recorded evidence of this conversation. Kings statements held significant weight in the police investigations such that the investigative detectives asked King to wear a hidden recording device to recorded conversations with Farquharson in a hope to gain a confession from him. However Farquharson made no confession to the deliberate drowning of his sons Jai, Tyler and Bailey.

Furthermore during the initial investigation Gambino maintained Farquharson’s innocence, believing that Farquharson was a loving father and would not harm his sons. It was not until the retrial Gambino pulled her support of Farquharson (ABC News 2010)

Investigation Recommendations A initial response to the incident would have had greater strength had a crime scene management strategy been in placed. (Brookman, 2005) The investigators involved in the geographical examination were experts in the MCIU, however the experience and the expertise did not prevent an extermination of errors.

Evidently, this case was at first thought to be a tragic accident. It was 3-4 days before the homicide force took over the case for a thorough systematic investigation (AAP, 2010) A study conducted by Carter and Carter showed that the first 24-48 hours are crucial in the collection of evidence to significantly increase the chances of prosecution (Carter & Carter, 2015) In the circumstances of the first responding officers, collection of evidence would have been crucial. This would have enable a greater interpretation of the evidence they were exhibiting and the type of crime exhibited at the scene to enable a more accurate investigation. The mapping of evidence by the MCIU in the Farquharson investigation needs to be thoroughly reviewed and analysed to implement a more accurate processes in regards to the collection of evidence. A particular point is the revisal of officers to carry sufficient lightning. By doing so this enables any digital photography to be of a higher quality. Furthermore an emphasis on education ensuring officers are proficient in the collection of evidence such as digital imagery and the crucial importance of preserving

geographical evidence, thus ensure minimal errors.

An error made in the secondary phase of the investigation was the largely circumstantial evidence from the key witness Greg King. Kings multiple statements made to the police changed at each interview displaying a more in depth hatred towards Gambino stating Farqhuarson alleged said he “was going to pay her back big time” (Sydney Morning Herald, 2009) This evidence intrinsic inhibitors of tunnel vision and ‘open and shut case’ syndrome (Carter & Carter, 2015) A lot of weight is placed on key witnesses in an investigation process as well as court cases. A study conducted by Elizabeth Lofus and Jacqueline Pickrell showed that memory could be altered over time, thus alternating a key witnesses statement. (Lofus & Pickrell, 1995) This was clearly evident with Kings statements. Care needs to be taken to identify key witnesses in the early stages of the investigation to gain a more accurate statement. According to the Queensland Police Service (QPS) The search for key witnesses should be conducted in the primary investigation and conducted by the investigative arm. (QPS, 2019) Additionally the dam side conduct of Farquharson showed was interpreted by police as an admission of guilt. According to Howitt the lack of appropriate emotion, which Farquharson showed very little of can be perceived as a marker of guilt. (Norris, 2013, Howitt, 2015) If police believed they had confirmed Farquharson was their subject, it is highly likely it had diminished interest in expanding their investigation any further. To prevent further incidents of tunnel vision and ‘open and shut case’ syndrome would be to implement police training specific to understanding and prevention.

Role of the Media The Farquharson case received substantial coverage from all forms of media which held a large influence on the trial. This was due to very prominent and emotional driven circumstances of the case. Justice Cummings also noted in Farquharson’s trial that there would be a high chance of media coverage. (R v Farquharson, 2009) High media coverage is highly likely to result in jury members being exposed to as what the media deems as ‘newsworthy’ resulting in selective evidence

being reported and exposed to jurors (Hayes & Prenzler, 2015)

During the Farquharson case, media reports reported Farquharson of being a vengeful and restentful ex-husband. This was equally matched by the character portrayal of Farquharson. Furthermore the reporting of Farquharson’s demeanor at the dam casted doubt on his innocence (R v Farquharson, 2009) However, a campaign ‘the Fact Before Theory’ was launched on social media during Farquharson’s trial to prove his innocence (Tyson, 2009) The campaign attempted to divert attention from the facts of the case, while disputing evidence proposed by the prosecution to show that tunnel vision was a major factor in play during the investigation. (Tyson, 2009) The influence of this campaign over the public and the jury is uncertain, however it is undeniable that it may have had an impact on the jurors decisions. (Tyson, 2009) The media’s reporting and the Fact Before the Campaign were both used to purposely report on the matters that emotionally provided the general public. By doing this the media may have influenced the jury and the public opinion by focusing on a moral compass instead of hard facts.

In conclusion, this emotionally driven case pulled at the heart strings of Australians, over two trials lasting five years. The case was micro managed by Farquharson’s defence team in court bringing critical examination to the police investigation. Intrinsic errors were made during the mismanaged crime scene resulting in Farquharson being awarded an appeal and re-trial. Consequently Farquharson was ultimately convicted twice of the murders of Jai, Tyler and Bailey. This case has highlighted the need for the police service to invest in crime management plans and implement more training and structure in the investigative stages. This case also highlighted the medias strong influence on highly emotional cases and the impact the media can have especially on cases of filicide.

References

ABC News (2010, May 11). Mother Admits to Changing Evidence in Dam Case. Retrieved from https://www.abc.net.au/news/2010-05-10/mother-admits-changing-evidence-in-damcase/429662

AAP. (2010, October 15). Timeline of Robert Farquharson murder trial. Australian Associated Press. Retrieved from http://www.news.com.au/national/timeline-of-robertfarquharson-murder-trial/news-story/27e1a56fd1455d287b0b042c48cac735

Brookman, F. (2005). Understanding homicide (1st ed.). London: SAGE Publications.

Carter, D.L., & Carter, J.G. (2015). Effective police investigation: Evidence from seven cities with high clearance rates. Homicide studies, 20 (2), 150-176. doi:10.1177/1088767915576996

Queensland Police Services. Retrieved from https://www.police.qld.gov.au/corporatedocs/OperationalPolicies/Documents/OPM/Chapter2 .pdf Hayes & Prenzler. (2015). Crime and Criminology (4th ed) Pearson. Howitt, D. (2015). Introduction to Forensic and Criminal Psychology (5th ed). Harlow: Pearson.

Loftus, E.F. & Pickrell, J. E. (1995) The Formation of False Memories. Psychiatric annals 720-725

Norris, M. (2013) On Fathers Day. Australia: Bonnier Publishing Group.

Rossmo, D. (2009). Criminal investigative failures (1st ed.). Boca Raton: CRC Press

R v. Farquharson (2009) VSCA 307

Sydney Morning Herald (2009, June 2). Farquharson appeal: Police 'withheld' investigation into witness. Retrieved from https://www.smh.com.au/national/farquharson-appeal-policewithheld-investigation-into-witness-20090601-bsub.html

Tyson, D. (2009) Questions of Guilt and Innocence in the Victorian Criminal Trial of Robert Farquharson and the Fact Before Theory Internet Campaign. Retrieved from http://www.austlii.edu.au/au/journals/CICrimJust/2009/25.pdf...