1. Introduction

1.1. These are the Court’s preliminary findings into the identification and causes of death of nine persons who died on 11 January 2005 at four separate locations on the Lower Eyre Peninsula in South Australia. Tuesday 11 January 2005 was the second day of what has become known as the Wangary bushfires.

1.2. The Inquest into the causes and circumstances of the deaths of the nine deceased persons and, as well, into the cause and circumstances of the fire or fires commenced on 5 October 2005. On that day, Mr William Boucaut, Counsel Assisting the Coroner, invited me to make expeditious findings relating to the identities and medical causes of death of the nine deceased persons. To this end, Mr Boucaut tendered to the Court what was considered to be material relevant to these discreet issues. Accordingly, I received in evidence Exhibits variously marked from C1 to C31. I now proceed to make the following findings.

1.3. The findings made herein are all made on the balance of probabilities.

1.4. Except where otherwise appears, in making these findings I have accepted the observations, opinions and conclusions of the various scientific experts referred to below.

1.5. This Inquest is not complete. It will resume on a date that has been fixed. The circumstances of the deaths of the nine deceased persons and the cause and circumstances of the fire or fires are the subjects of further inquiry and those issues are to be ventilated at the resumed Inquest.

2. Background

2.1. On 11 January 2005 a bushfire or fires burnt across a large area of the Lower Eyre Peninsula in South Australia. The nine deceased persons died in four different locations that were affected by the fire or fires on that day.

2.2. Accordingly, an analysis of the deaths can be conveniently compartmentalised into four groups. The order in which I deal with the nine deaths is not intended to carry any implication in relation to the sequence in which they occurred.

2.3. The four groups are as follows:

A. The deaths of two persons, the remains of whom are said to have been located on Settlers Road near Wanilla in South Australia. Those two deceased persons are said to have been:

• Neil George Richardson, aged 54 years of Section 103, Hundred of Stokes, Tumby Bay

• Trent Allan Murnane, aged 30 years of 13 O’Malley Street, Cummins

B. The deaths of three persons, the remains of whom are said to have been located on Borlase Road near Wanilla in South Australia. Those three deceased persons are said to have been:

• Star Ellen Borlase, aged 3 years of Borlase Road, Wanilla

• Jack Morley Borlase, aged 2 years of Borlase Road, Wanilla

• Judith Maud Griffith, aged 59 years of 10 Edgar Street, Bedford Park

C. The deaths of three persons, the remains of whom are said to have been located at Poonindie in South Australia. Those three deceased persons are said to have been:

• Jody Maria Kay, aged 33 years of Lot 92, Hundred of Poonindie, via North Shields

• Graham Joseph Russell, aged 13 years of Lot 92, Hundred of Poonindie, via North Shields

• Zoe Russell-Kay, aged 11 years of Lot 92, Hundred of Poonindie, via North Shields

D. The death of a person, the remains of whom are said to have been located at North Shields in South Australia. That person is said to have been:

• Helen Kald Castle, aged 57 years of 20 Dorward Street, North Shields

3. Findings – Group A

3.1. On Tuesday 11 January 2005, the remains of two deceased persons were located on Settlers Road near Wanilla in South Australia, one in the rear of a utility and the other lying on the roadway. Both deceased persons had been badly burnt.

3.2. Darrel Warren Puckridge, a person who knew both Neil Richardson and Trent Murnane had seen both men at the farmhouse of Graham Giddings, situated on Settlers Road, that was being threatened by an approaching fire. Messrs Richardson and Murnane arrived at the vicinity in a utility and Mr Richardson filled a water tank on the utility from the swimming pool. Mr Puckridge then presumes that they both left the scene. Mr Richardson is believed to have been driving the vehicle and Mr Murnane is believed to have been in the rear. Some time later, Mr Puckridge left the property in his vehicle and travelled north along Settlers Road. The bush on either side of the road was burning. Mr Puckridge located a burnt body lying on Settlers Road. Mr Puckridge was unable to recognise the person because of the extent of the burns (declaration of Darrel Warren Puckridge dated 12 May 2005, Exhibit C31).

3.3. Post-mortem examinations were conducted with respect to the remains of the two persons. As well, the remains were subjected to scientific analysis in an endeavour to identify the deceased persons.

3.4. In relation to the remains of the person located on the roadway, an odontogram of the teeth and dental restorations of the deceased person were compared to an odontogram prepared from the dental records and radiographs of a person named Neil George Richardson, date of birth 16 October 1950 of Cockaleechie, via Cummins SA 5631 covering treatment from 6 July 1982 to 20 March 2001. A comparison of the two odontograms revealed sufficient correlation to enable Mr Giac Cirillo, a forensic odontologist, to express the opinion that there was sufficient evidence to support the identification of the deceased as the said Neil George Richardson (statement verified by affidavit of Giac Cirillo, Exhibits C24, C24a).

3.5. In addition, a DNA profile obtained from a post-mortem sample of the deceased person was compared to a DNA sample obtained from Mark Murray Richardson, a son of the said Neil George Richardson. The comparison revealed that the deceased was 1700 times more likely to be the father of Mark Murray Richardson rather than being an unknown person unrelated to Mark Murray Richardson. Nicol Sly, a forensic scientist, expresses the opinion that this result offers very strong support for the proposition that the remains of the deceased are from the said Neil George Richardson (statement verified by affidavit of Nicol Sly, Exhibits C25, C25a).

3.6. In all of the above circumstances, the overwhelming probability is that the remains of the deceased person located in Settlers Road were that of Neil George Richardson, aged 54 years of Section 103, Hundred of Stokes, Tumby Bay. I so find.

3.7. The post-mortem examination of the remains was conducted by Dr John Gilbert, a forensic pathologist. Dr Gilbert concluded that death was to be attributed to incineration. There was no evidence of significant inhalation of products of combustion nor evidence of any medically significant natural disease that might have suggested otherwise (report verified by affidavit of Dr John Gilbert, Exhibits C26, C26a).

3.8. I find that the cause of the death of Neil George Richardson was incineration.

3.9. In relation to the remains of the person located in the rear of the utility located on Settlers Road, a DNA profile obtained from a post-mortem sample of the deceased person was compared to DNA profiles obtained from the toothbrush of Trent Alan Murnane and from the parents of the said Trent Alan Murnane, namely Lorraine Murnane and Barry John Murnane. The DNA profile obtained from the post-mortem sample is approximately 200 million times more likely to match the DNA profile obtained from the toothbrush of the said Trent Alan Murnane, if the DNA in the post-mortem sample originated from him rather than from an unknown, unrelated male. In addition, the deceased person is 1.9 million times more likely to be the child of Lorraine and Barry John Murnane rather than being an unknown person unrelated to Lorraine and Barry John Murnane. Nicol Sly, a forensic scientist, opines that this evidence offers very strong support for the proposition that the remains of the deceased person are from their sone, Trent Alan Murnane (statement verified by affidavit of Nicol Sly, Exhibits C28, C28a).

3.10. In all of the circumstances I find that the remains of the deceased person located in the rear of the utility located in Settlers Road were those of Trent Alan Murnane, aged 30 years of 13 O’Malley Street, Cummins.

3.11. The post-mortem examination of those remains was conducted by Dr John Gilbert. Dr Gilbert in his report (verified by affidavit Exhibits C29, C29a) observes that the body was moderately incinerated. He attributes the death to incineration. I find that the cause of the death of Trent Alan Murnane was incineration.

4. Findings – Group B

4.1. On 11 January 2005, Mr Wayne Griffith (declaration dated 16 February 2005, Exhibit C9) and his wife Judith Maud Griffith were caring for their grandchildren Star Ellen Borlase, aged 3 years and Jack Morley Borlase, aged 2 years. Star and Jack Borlase were the children of Mr and Mrs Griffith’s daughter Natalie Jane Borlase. It was at the farmhouse of Natalie and Darren John Borlase, situated on Borlase Road near Wanilla, that they were looking after the children. Mr Griffith became concerned at the approach of the fire and it was decided that they should leave the premises. They left with the family dog in two vehicles. Mrs Griffith, the children and the dog left the premises first in a Land Rover and Mr Griffith followed in a utility. Having left the premises, both vehicles travelled a short distance along Borlase Road. They were then engulfed in flames. Mr Griffith survived in the vehicle in which he was situated. The three persons in the Land Rover, and the dog, all perished. After the fire front passed, Mr Griffith exited the utility and took shelter by lying underneath it. He was located in this position on Borlase Road by his daughter Natalie and an unrelated male person who had conveyed her to the scene. The Land Rover which was adjacent to the utility was gutted by fire and it contained the skeletal and other remains of an adult, two children and a dog. There is no evidence of any impact between the vehicle and another object that would give rise to the suggestion of traumatic injury to the occupants. Mr Griffith’s statement leaves room for no conclusion other than that the remains were those of his wife, Judith and their grandchildren Star and Jack Borlase.

4.2. A forensic odontological comparison between the teeth of the adult driver of the Land Rover and the dental records of Judith Maud Griffith, date of birth 18 August 1945 of 10 Edgar Street, Bedford Park SA 5042 reveals a good radiographic correlation between ante-mortem and post-mortem radiographs such that Mr Giac Cirillo concludes that there is sufficient evidence to confirm the identity of the deceased as Mrs Griffith (statement verified by affidavit of Giac Cirillo, Exhibits C1, C1a).

4.3. In all of the circumstances I find that the remains of the deceased adult person being the driver of the Land Rover were those of Judith Maud Griffith, aged 59 years of 10 Edgar Street, Bedford Park.

4.4. The post-mortem examination of those remains was conducted by Dr Karen Riches, a forensic pathologist. Dr Riches concludes that the deceased’s cause of death was the inhalation of the products of combustion (report verified by affidavit, Exhibits C2, C2a). A specimen of blood taken at post-mortem revealed a lethal concentration of carboxyhaemoglobin and a potentially lethal level of cyanide (a product of combustion) such as to lead to the conclusion that death occurred prior to incineration.

4.5. I find that the cause of death of Judith Maud Griffith was inhalation of the products of combustion.

4.6. The remains of two other occupants of the vehicle were subjected to DNA analysis. DNA samples from both were compared to DNA samples taken from Natalie Jane Borlase and Darren John Borlase, the parents of Star and Jack Borlase. In respect of each deceased, it is reported by Julianne Henry, a forensic scientist, that both deceased were several million times more likely to be the children of Natalie and Darren Borlase rather than being an unknown person unrelated to Natalie and Darren Borlase. It is said that these conclusions offer very strong support for the proposition that the remains of the two deceased are from Star and Jack Borlase (statement verified by affidavit of Julianne Henry Exhibit C4, C4a).

4.7. In all of the circumstances I find that the remaining two deceased persons from the Land Rover were Star Ellen Borlase, aged 3 years, and Jack Morley Borlase, aged 2 years, both of Borlase Road, Wanilla.

4.8. Dr Riches conducted the post-mortem examinations in relation to both deceased. The cause of death in each instance is given as incineration. Unlike the other occupant of the vehicle, Mrs Griffith, no cyanide was detected in the remains of either child that might have suggested, as it had for Mrs Griffith, that they died from the inhalation of the products of combustion. In the case of Star Borlase, analysis of a blood specimen showed a carboxyhaemoglobin saturation level that was not suggestive of death by way of inhalation of products of combustion. A blood sample from Jack Borlase was not able to be obtained. Nevertheless, the circumstances suggest that Jack Borlase died from the same cause as Star Borlase.

4.9. I find that the cause of the death of Star Ellen Borlase was incineration.

4.10. I find that the cause of the death of Jack Morley Borlase was incineration.

5. Findings – Group C

5.1. At about 5:00 pm on 11 January 2005, Dianne Carolyn McLachlan and her family returned to their property at Poonindie on the Lincoln Highway. They had returned from the beach where, during that afternoon, they had sought refuge from the fire. Upon returning to the property, they discovered a car in the vicinity of smouldering stumps and trees not far from their house. The car appeared to have run into a paddock from the highway, gone through two fences and then hit a tree and had been destroyed by fire. Mrs McLachlan observed a badly burned body in the remains of the drivers seat (declaration of Dianne Carolyn McLachlan dated 13 January 2005, Exhibit C19). The police were called. The remains of three persons were in fact located in the burnt out vehicle.

5.2. Post-mortem examinations were conducted in respect of the three deceased persons. In addition, scientific comparisons were conducted in order to establish their identities.

5.3. The three deceased persons were believed to have been Jody Maria Kay, her daughter Zoe Russell-Kay and her son Graham Joseph Russell.

5.4. A DNA profile from one of the vehicle’s passengers was compared to that obtained from the Guthrie card (Neonatal Screening Program) of Zoe Russell-Kay from the Cummins Hospital. The profiles matched such that the DNA profile obtained from the deceased was greater than one billion times more likely to match the DNA profile obtained from the Guthrie card of Zoe Russell-Kay if the DNA originated from her, rather than from an unknown, unrelated female. This is said by Katie Louise Noble, a forensic scientist (statement verified by affidavit, Exhibits C13, C13a) to offer very strong support for the proposition that the remains are from Zoe Russell-Kay.

5.5. Accordingly, I find that the remains of one of the persons located in the vehicle were those of Zoe Russell-Kay, aged 11 years, of Lot 92, Hundred of Poonindie, via North Shields.

5.6. A DNA profile from the deceased person occupying the driver’s position of the vehicle was compared to DNA profiles obtained from the Guthrie card of Zoe Russell-Kay and from a sample provided by Zoe Russell-Kay’s father, Damian Kay. Mr Thomas Sobieraj, a forensic scientist, opines that the deceased is approximately one million times more likely to be the mother of Zoe Russell-Kay rather than being an unknown person unrelated to Zoe Russell-Kay and that this offers very strong support for the proposition that the remains are from Jody Maria Kay (statement verified by affidavit of Thomas Christopher Sobieraj, Exhibits C10, C10a).

5.7. Accordingly, I find that the person occupying the driver’s position of the vehicle was Jody Maria Kay, aged 33 years of Lot 92, Hundred of Poonindie, via North Shields.

5.8. A DNA profile from the other deceased person found in the vehicle was compared to that obtained from a Guthrie card of Graham Russell, date of birth 25 February 1991, obtained from the RDH Hospital. The profiles matched such that the DNA profile obtained from the deceased was greater than one billion times more likely to match the DNA profile obtained from the Guthrie card of Graham Russell if the DNA originated from him, rather than from an unknown, unrelated male. This is said by Katie Noble, forensic scientist, (statement verified by affidavit Exhibits C16, C16a) to offer very strong support for the proposition that the remains are from Graham Russell.

5.9. Accordingly, I find that the remains of the third deceased person located in the vehicle were those of Graham Joseph Russell, aged 13 years of Lot 92, Hundred of Poonindie, via North Shields.

5.10. Dr John Gilbert conducted the post-mortem examination in relation to the deceased Jody Maria Kay. There were signs of recent injury to the body including full thickness lacerations of the left and right ventricles of the heart consistent with a vehicle impact with a tree (statement of Dr John Gilbert verified by affidavit, Exhibits C11, C11a). Dr Gilbert expresses the cause of death as a ruptured heart due to blunt chest trauma.

5.11. I find that the cause of death of Jodie Maria Kay was a ruptured heart due to blunt chest trauma.

5.12. Dr Gilbert performed the post-mortem examination in respect of Graham Joseph Russell. Although the body was severely incinerated, it showed ante-mortem fractures of the base of the skull, and of the left and right femurs and the right ankle. There was no evidence of significant smoke inhalation and Dr Gilbert concludes that it therefore appears most likely that the deceased was immediately incapacitated, if not killed outright, by head injury resulting from a collision with a tree. Dr Gilbert expresses the cause of death as multiple injuries (statement verified by affidavit of Dr John Gilbert, Exhibits C17, C17a).

5.13. The lack of significant smoke inhalation that otherwise might have led me to conclude that there was possibly a period of survival during the course of the fire, together with the existence of evidence of a potentially fatal head injury and other serious traumatic injuries, leads me to conclude that on a balance of probabilities the cause of Graham Joseph Russell’s death was multiple injuries. I so find.

5.14. Dr Gilbert performed the post-mortem examination in respect of Zoe Russell-Kay. Dr Gilbert does not ascribe the cause of her death as having a direct connection with the vehicle’s impact with the tree. Rather, Dr Gilbert expresses her cause of death as incineration (statement of Dr John Gilbert verified by affidavit C14, C14a). I here reproduce Dr Gilbert’s comments in full:

‘1. The deceased was reportedly found in the rear passenger seat of a Ford station wagon that had impacted with a tree during the bushfires at Poonindie.

The body was very severely burnt making identification of possible ante mortem injuries extremely difficult. A thorough examination of the remains, however, showed no evidence of definite ante mortem injury. It was not possible, however, to exclude fractures of many of the bones that were severely charred and fragmented. Similarly, due to the extent of fire damage to the brain, it is certainly not possible to exclude head injury sufficient to produce unconsciousness.

Trace amounts of soot were noted in the upper airway and microscopic traces were seen in some of the larger airways in the lungs. This may indicate brief survival after the impact of the vehicle with the tree.

In the absence of definite or probable lethal trauma resulting from the vehicle accident, it appears that death ultimately resulted from incineration. As noted above, the possibility that the deceased was rendered unconscious or otherwise incapacitated in some way by the vehicle impact is not excluded.

2. Analysis of a specimen of blood obtained at autopsy reportedly showed a blood alcohol concentration of nil and a carboxyhaemoglobin saturation of 7%. No cyanide was identified and no common drugs were found.

3. No natural disease that could have caused or contributed to the death was identified at autopsy.’

5.15. It will be noted from the above that because of the condition of the body, the possibility that Zoe Russell-Kay suffered injuries sustained in the vehicular collision cannot be excluded. It follows that the possibility that she suffered fatal injuries cannot be excluded either. Dr Gilbert postulates that soot found in her airways might indicate brief survival after impact. That might also mean that there was a period of survival during the fire. However, if Zoe Russell-Kay had suffered fatal injuries, it seems to me that there is no way of ascertaining whether she died from the injuries at a time before the vehicle was completely ravaged by fire or whether she died because of the effects of the fire. Dr Gilbert states that in the absence of definite or probable lethal trauma resulting from the accident, it appears that death ultimately resulted from incineration. Certainly, there is validity in the observation that Zoe Russell-Kay could not possibly have survived the fire if her death had not occurred before she was consumed by it. However, given the probabilities that the other occupants died from the vehicle’s impact with the tree and given the inability to exclude that fate as a possibility in Zoe Russell-Kay’s case, it is an open question as to how she died and I am not satisfied on the balance of probabilities that she died from incineration as opposed to another competing cause.

5.16. In all of the circumstances, the only finding I am able to make is that Zoe Russell-Kay died at the time of or subsequent to the impact between the vehicle in which she was travelling and a tree. The actual cause of death must at this stage be regarded as undetermined. Should any further evidence emerge during the course of the remainder of the Inquest which sheds further light on her actual cause of death, I will revisit this finding.

6. Findings – Group D

6.1. Helen Kald Castle lived with her husband at premises at North Shields. The premises was known as the Shell Museum. The body of a female person was located in the bath at the premises after it had been destroyed by fire (declaration of Gill Arthur Barber, Exhibit C23).

6.2. A post-mortem examination of the remains of the deceased person was conducted. As well, forensic odontological comparisons were undertaken in an endeavour to identify the body.

6.3. An odontogram of the teeth and restorations present in the deceased was compared to an odontogram constructed from the dental records of Helen Castle, date of birth 20 June 1947 of PO Box 796, Port Lincoln. The comparison revealed an excellent correlation between the ante-mortem and post-mortem radiography of the teeth and restorations such that in the opinion of Mr Giac Cirillo, a forensic scientist, there is sufficient evidence to confirm the identity of the deceased as Helen Castle (statement verified by affidavit of Giac Cirillo, Exhibits C20, C20a).

6.4. I find that the deceased person located in the burnt out premises known as the Shell Museum at 20 Dorward Street, North Shields was Helen Kald Castle, aged 57 years of 20 Dorward Street, North Shields.

6.5. The post-mortem examination was conducted by Dr Karen Riches. She expresses the cause of the deceased’s death as the combined effects of inhalation of products of combustion and hyperthermia. The deceased had a toxic level of carboxyhaemoglobin in her blood, although not necessarily a fatal level. However, the combined effect of that and the effect of heat causing hyperthermia is said to have caused her death. I accept that analysis.

6.6. I find that Helen Kald Castle died from the combined effects of inhalation of products of combustion and hyperthermia.

 

Inquest Number 26/2005 (0152/2005, 0154/2005, 0147/2005, 0149/2005, 0150/2005, 0155/2005, 0156/2005, 0151/2005, 0148/2005)