Australia Australia - Tegan Lane, 2 days old, Sydney, 14 Sept 1996 *K. Lane guilty*

[CuriosityKilledtheCat]

I apologise if I came across as rude. I’m not saying that you are derailing the thread—I’d just like it remembered that, as things stand, Tegan is the victim here, not Keli, at least until proven otherwise.

By all means stay onthread. You seem to have a lot of information that I, in particular, would love you to share.

I have always thought I had an open mind about this case. I have always wanted to believe Keli did not do this but until I had proof I didn't want to make the call. I made the call two days ago. I have seen enough to know that there is someone else of interest here. This case needs to be reviewed, until that happens, and yes I know there are no guarantees things will go her way, Keli is a victim too.

Yes, Tegan is a victim in this too and will always be. Whichever way it goes! Even if she is found alive, I am extremely concerned about her well being. Seriously it keeps me awake at night.

 

[Spooky7]

I have always thought I had an open mind about this case. I have always wanted to believe Keli did not do this but until I had proof I didn't want to make the call. I made the call two days ago. I have seen enough to know that there is someone else of interest here. This case needs to be reviewed, until that happens, and yes I know there are no guarantees things will go her way, Keli is a victim too.

Yes, Tegan is a victim in this too and will always be. Whichever way it goes! Even if she is found alive, I am extremely concerned about her well being. Seriously it keeps me awake at night.

Is there any MSM articles that refer to this person?

 

[Via Marple]

Most of this discussion, in so far as it focuses on the conviction of Keli Lane rather than the fate of Tegan Lane, misses the key points. Keli Lane may. or may not, be guilty of murder - I do not know. What is now proven probable is that the prosecution breached at least three sacrosanct rules in getting their conviction;

• they failed to disclose all the evidence as required under court rules.
• they coached a witness (possibly to the point of committing perjury).
• they reached an agreement about court process (presentation and cross examination of witnesses) with the defence, and failed to disclose this to the judge (or others).

Any one of these examples of prosecutorial misconduct would normally be sufficient to have a case reexamined (and possibly overturned although that is not inevitable). I cannot think of any other cases where the exposure of such a litany of misconduct has not resulted in immediate reference to an appellate court.

There has also been criticism of the police and original judge. Neither were perfect but they were choirboys compared with the prosecution. At least the police originally took the view that the evidence for prosecution was inadequate (and were overruled). And while I take issue with some of the judges decisions (such as not giving a directed verdict) I take more issue with the decision of the higher court to admit as evidence that lying about her previous babies was evidence of guilt in this case.

This case really is a complete and utter shambles.

Thanks for the analysis. Just want to clarify the bolded point, I must have been speed reading and missed that it was not disclosed to the judge.

 

[Bohemian]

Re-reading this, this weekend:

 

[Via Marple]

Re-reading this, this weekend:

View attachment 153066

It probably needs a new edition, with updates.

 

[JLZ]

• they failed to disclose all the evidence as required under court rules.
• they coached a witness (possibly to the point of committing perjury).
• they reached an agreement about court process (presentation and cross examination of witnesses) with the defence, and failed to disclose this to the judge (or others).

(snipped for brevity; I may return to the rest of your post later because there is much there that I disagree with)

Just on your points 2 and 3. The "witness" who appears to have been coached was not a witness: did not give evidence at the trial. And I may have missed it, but I don't recall hearing that the judge did not know about the witness swap. Can you please substantiate that this was not arranged with the cognisance of the judge? There is always a lot of argument and negotiation that happens away from the jury, either before or during the trial. Nothing dodgy about it.

 

[Bohemian]

It probably needs a new edition, with updates.

Maybe Caro, Elise and Keli will write one

 

[JLZ]

I take more issue with the decision of the higher court to admit as evidence that lying about her previous babies was evidence of guilt in this case.

(snipped)

This is quite an important point. The appeal court's judgement on Keli Lane is frequently cited in other cases. If it's wrong, it needs to be fixed for the sake of many more defendants than Keli. However, in The Queen v Baden-Clay, the High Court cited with approval the decision in Lane v the Queen. You may, of course, disagree with the High Court, but your chance of prevailing against it is very low.

In Lane v The Queen[53], the Court of Criminal Appeal of the Supreme Court of New South Wales rejected the contention that a count of manslaughter of the accused's child should have been left to the jury as an alternative to murder. The Court held that the jury were entitled to take the post-offence conduct of the accused as evidencing consciousness of guilt of murder. In particular, the Court held that the lies told by the accused "alone were sufficient to provide the evidentiary foundation for an inference that ... she acted with the intention of killing."[54] Their Honours went on to say that the false accounts given by the accused "provide no factual foundation for an inference that the manner in which she killed [her child]" would establish manslaughter by criminal negligence[55].

The Queen v Baden-Clay [2016] HCA 35 (31 August 2016)
paragraph 75; BBM

 

[sosocurious]

A JUDGE has told a jury that lies allegedly told by a woman who covered up five pregnancies are not necessarily evidence of guilt.
Justice Anthony Whealy issued the caution on the fourth day of evidence in the trial of former water polo champion Keli Lane, who is accused of murdering her baby daughter Tegan in 1996.

Nocookies
Lies don't mean you're guilty, judge says in case of Keli Lane, accused of killing her baby

But the lies she told after the investigation commenced into her missing daughter ......

Today, after calling the jurors in, Justice Anthony Whealy told them a number of technical issues in the case have been resolved and gave them an amended indictment.
The Judge said the murder charge Lane is facing remains the same, but adjustments had been made to some of the perjury charges she is also facing.

The Crown case closed yesterday and today Lane's barrister told the jury that no defence witneses will be called, including the accused.
Barrister Keith Chapple says the defence relies on the evidence tendered to the case so far.

No defence witnesses called in Keli Lane trial

 

[JLZ]

I wonder how much they would remember. Dipper might have been a work colleague. Track down where "Andrew" worked and someone might also remember Dipper too.

Keli went drinking at the Town Hall Hotel with her friends, her water polo team and her friend Lisa. It is hard to believe that no one saw her with "Andrew". I have a hunch she met him when she was there with Lisa and Lisa simply can't remember or was too drunk to remember. I find it easier to believe that it was when she was with her Uni friend, rather than her water polo team. More people in a water polo team. More people to notice something.

Re BBM: That's not consistent with what Keli said.

She identified a Lisa Andreatta

• from Brisbane
• who was a friend of Andrew's
• who knew about the birth
• who also knew Andrew's partner Mel.

Lane v R [2013] NSWCCA 317 (13 December 2013)
paragraph 220

Must have been some other Lisa. Maybe we could try out a hypothesis where Keli has a neurological disorder that prevents her from getting names right.

Edit: oh, and telephone numbers. This is looking good.

 

[JLZ]

The best prospect I can see for Keli is a partial pardon on the basis of similarity to infanticide.

 

[sosocurious]

Re BBM: That's not consistent with what Keli said.

She identified a Lisa Andreatta

• from Brisbane
• who was a friend of Andrew's
• who knew about the birth
• who also knew Andrew's partner Mel.

Lane v R [2013] NSWCCA 317 (13 December 2013)
paragraph 220

Must have been some other Lisa. Maybe we could try out a hypothesis where Keli has a neurological disorder that prevents her from getting names right.

Edit: oh, and telephone numbers. This is looking good.

Initially, a Detective Kehoe was in charge of the investigation into Tegan's disappearance. He interviewed the appellant on 14 February 2001. In October 2002 the investigation was transferred to Detective Gaut. Detective Gaut spoke to the appellant on 16 October 2002, and interviewed her on 9 May 2003. That interview was electronically recorded.

Lane v R [2013] NSWCCA 317 (13 December 2013)


TANYA NOLAN: Tell us about the testimony given by Keli Lane's friend this morning.

DAVID MARK: Yes, well, the court heard from Lisa Andreatta, who was studying with Keli Lane – they both studied Physical Education in 1996 – they were friends at the time, they've since become closer friends.

Now, she also said that she had absolutely no idea during 1996 that Keli was pregnant. They both actually cried this morning when Lisa Andreatta gave testimony about Keli. She described her as a very good person, a very strong person, an excellent teacher, and a very good mother to her current child. Both of the women cried at that particular point.

But she also gave some interesting evidence regarding a trip that Keli Lane made to see her in Christmas in 2002.

Now, a short while before that the police had got in contact with Keli Lane regarding the disappearance of Tegan in 1996. At the time Keli said that Lisa Andreatta knew of the birth, knew of the pregnancy in 1996, and also knew of a man that Keli said was the father, a man she said was called Andrew Norris.

Now, when she went later to England in 2002 to visit Lisa, she didn't mention the police inquiries and didn't mention anything at all about the pregnancy, and it turns out that Lisa Andreatta wasn't aware of the pregnancy until later, when the police eventually contacted her.

The World Today - Keli Lane's former boyfriend claims no knowledge of pregnancy

 

[JLZ]

A JUDGE has told a jury that lies allegedly told by a woman who covered up five pregnancies are not necessarily evidence of guilt.
Justice Anthony Whealy issued the caution on the fourth day of evidence in the trial of former water polo champion Keli Lane, who is accused of murdering her baby daughter Tegan in 1996.

Nocookies
Lies don't mean you're guilty, judge says in case of Keli Lane, accused of killing her baby

But the lies she told after the investigation commenced into her missing daughter ......

Today, after calling the jurors in, Justice Anthony Whealy told them a number of technical issues in the case have been resolved and gave them an amended indictment.
The Judge said the murder charge Lane is facing remains the same, but adjustments had been made to some of the perjury charges she is also facing.

The Crown case closed yesterday and today Lane's barrister told the jury that no defence witneses will be called, including the accused.
Barrister Keith Chapple says the defence relies on the evidence tendered to the case so far.

No defence witnesses called in Keli Lane trial

Yes. Thank you. The lies told before Tegan's death were not evidence of murder and were only admissible because of their value in relation to the perjury charges. The lies after Tegan's death, the jury was entitled to take as evidence of guilt. The trial judge's instruction was, if anything, favourable to Keli:

Justice Whealy told the NSW Supreme Court jury this morning that there could be many reasons - “sometimes very understandable reasons” - why a person was motivated to tell lies.

“You must not fall into the error of thinking that if a person has told a lie, then that lie in itself can prove guilt - it cannot,” Justice Whealy said.

“A lie can be told for many reasons.”

I wonder whether it would have been open to the judge to rule that the perjury charges could not be heard at the same trial as the murder charge, notwithstanding that Keli and her team wanted them all heard together.

 

[CuriosityKilledtheCat]

Yes. Thank you. The lies told before Tegan's death were not evidence of murder and were only admissible because of their value in relation to the perjury charges. The lies after Tegan's death, the jury was entitled to take as evidence of guilt. The trial judge's instruction was, if anything, favourable to Keli:

Justice Whealy told the NSW Supreme Court jury this morning that there could be many reasons - “sometimes very understandable reasons” - why a person was motivated to tell lies.

“You must not fall into the error of thinking that if a person has told a lie, then that lie in itself can prove guilt - it cannot,” Justice Whealy said.

“A lie can be told for many reasons.”

I wonder whether it would have been open to the judge to rule that the perjury charges could not be heard at the same trial as the murder charge, notwithstanding that Keli and her team wanted them all heard together.

The Judge can only rule on the application before him. He gave a hint to the Defence that perhaps they should make one. They didn't. The judge is a passive arbiter. He cannot rule on something that is not put in front of him.

 

[CuriosityKilledtheCat]

Re BBM: That's not consistent with what Keli said.

She identified a Lisa Andreatta

• from Brisbane
• who was a friend of Andrew's
• who knew about the birth
• who also knew Andrew's partner Mel.

Lane v R [2013] NSWCCA 317 (13 December 2013)
paragraph 220

Must have been some other Lisa. Maybe we could try out a hypothesis where Keli has a neurological disorder that prevents her from getting names right.

Edit: oh, and telephone numbers. This is looking good.

Keli makes things up. That's well established. She told things as she wanted them to be, not how they were. Sprinkled amongst her lies, is the truth. The only part I believe is that she was at the pub with Lisa and that Lisa was from Brisbane. I think it more likely that Keli met "Andrew" on a night she was there with Lisa. Lisa actually can't remember anything about "Andrew".

Edited to say: I think Keli has grown up now. She can see the damage her lies have done. She is now telling the truth or at least believes her recollection is the truth.

 

[JLZ]

Keli makes things up. That's well established. She told things as she wanted them to be, not how they were. Sprinkled amongst her lies, is the truth. The only part I believe is that she was at the pub with Lisa and that Lisa was from Brisbane. I think it more likely that Keli met "Andrew" on a night she was there with Lisa. Lisa actually can't remember anything about "Andrew".

Edited to say: I think Keli has grown up now. She can see the damage her lies have done. She is now telling the truth or at least believes her recollection is the truth.

Lisa had never lived in Brisbane.

 

[sosocurious]

Keli's timing amazes me. Well if it was her that made the post.

August 31, 2004
This is the first day of the inquest into the disappearance of Tegan Lane, with a non-publication order placed on the entire matter. The case is adjourned until October 27, 2004, when the non-publication order is lifted.

In phone calls from jail, baby killer Keli Lane says her daughter Tegan is alive

Detective Senior Constable Tamer Kilani, a leader of the investigation, told the court that since the 2005 inquest into Tegan's disappearance the case had generated 283 articles in 27 Australian newspapers and magazines, more than 400 online articles, 140 blogs and 11 YouTube videos.

Yesterday, on the 50th day of the trial, the Crown called the last of about 80 prosecution witnesses.

A journalist with The Daily Telegraph, Kara Lawrence, gave evidence that she wrote an article referring to two messages posted by Ms Lane in November 2004 on the website schoolfriends.com.au.

The first, from November 18, read: ''Looking for Andrew Norris. Age approx 38. Went to school possibly in western Sydney. Went onto university then entered stockbroking/money markets.''

A second, similar message was posted six days later. ''Still looking for Andrew Norris … has a partner Melanie and now married?''

Keli Lane recorded criticising news stories

 

[CuriosityKilledtheCat]

Lisa had never lived in Brisbane.

Ooops. My bad. Then only one thing one true.

 

[JLZ]

Ooops. My bad. Then only one thing one true.

A question for you, as a believer. Do you think Keli ever saw Tegan again after she handed her over to Andrew?

 

[CuriosityKilledtheCat]

A question for you, as a believer. Do you think Keli ever saw Tegan again after she handed her over to Andrew?

I think in her heart she wanted to. I actually don’t think she did.