CORRESPONDENCE

coroners COURT, Australian Government, Dfat & afp




Following is correspondence pertaining to Elly’s case:-

Click to view; -

Note: This is correspondence I have sent to the coroners court. I can’t however publish any replies from the coroner.

AFP Senior Liaison Officer Based in South Africa in 2016

In 2016 the AFP Senior Liaison Officer responsible for liaison with Mozambique authorities was based in South Africa, the regional post responsible for handling serious incidents involving Australian citizens in Mozambique.

Early in 2021 I informed Mr Bracken that the AFP Senior Liaison Officer had omitted vital evidence from his statement. I raised this issue again in a letter sent on 17th June 2021. When I brought these circumstances to Mr Bracken’s attention, I was informed that he had looked into the matter and intended to ask the AFP officer to amend the statement or provide a new one.

I can confirm this because Nicole, Elly’s mother, later informed me that Mr King-Taylor, who was Mr Bracken’s assistant at the time, told her during a phone call that the coroner might need to obtain another statement from the AFP officer. However, this never occurred.

Why this did not occur is unknown. What is clear, however, is that the AFP statement still omits vital evidence that had been provided to the officer and that the officer was aware of as early as 2016.

A clear crime scene photograph showing Elly’s top ripped apart was obtained from DFAT and sent to the AFP Senior Liaison Officer on 25th November 2016. The officer then handed it to the Chief Inspector of the Mozambique police on 8th December 2016, as recorded in his official Action Sheet. The photograph exposed the Mozambique police deception about the condition of Elly’s clothing and clearly showed that a violent struggle had taken place. Despite this, the AFP officer did not report or disclose the photograph to the coroner in 2016!!! His statement only referred to a blurred version, leaving out that he had received the clear photo and passed it on to the Mozambique police. This omission was confirmed in an official letter from the Australian Government Solicitor to Mr Cain on 16th June 2023. By leaving out these critical facts, the AFP statement created a misleading record and concealed vital evidence of the violent struggle!!!

A very critical aspect is that the Chief Inspector of the Mozambique police also appears to have deliberately withheld this evidence from his own superiors. The official Mozambique police reports, dated 10th April 2017 from SERNIC and 20th August 2020 from the Director General, were meant to be comprehensive and detailed accounts of all evidence found at the crime scene. Yet they make no mention whatsoever of the crucial clear photograph provided by the fisherman or the fact that Elly’s top had been ripped apart. This omission hides key evidence of a violent struggle and exposes a serious failure or deliberate cover-up at the highest levels of the Mozambique police!!!

Summary table of official letters only in systematic timeline

Timeline of Official Correspondence and Key Events click on dates to open link

  • 22/03/2019 - Claire Mc Comish assistant secretary DFAT. After obtaining the clear photo from my trip to Mozambique five months earlier, DFAT sent a letter explaining the circumstances surrounding it. The relevant details are on page 2, under “Photos and other items.” This letter also revealed that both the AFP and the Honorary Consul had possession of the clear photo just one week after our daughter’s death in 2016, and that the AFP had handed it over to the Mozambique authorities at that time.

  • 10/12/2019 - Official Letter sent by mail to Mr Bracken About The Melbourne Pathologist not finding any sand, after the radiology report found Elly’s lungs and airways full with sand. To open letter it is above in coroner correspondence.

  • 06/01/2021 - Official letter sent by email to Mr Bracken about AFP PII submissions No 40 that a Mozambique government official has stated a joint operation was possible with the AFP.  Mr Bracken then at a hearing later in February 2021 asked the AFP to send an official request but later it was discovered by the family that the AFP only sent a personal letter not the official MAR. To open letter it is above in coroner correspondence.

  • 16/02/2021 - Official Letter sent by mail to Mr Bracken AFP misleading family and coroner. Asking for the AFP to be taken off the investigation and the Victorian homicide division to take over. To open letter it is above in coroner correspondence.

  • 11/02/22 - Official letter sent by mail to Mr Cain as he had taken over from Mr Bracken. This letter informed Mr Cain of all the family's issues. Also family submissions on case and AFP were also forwarded to Mr Cain giving him all the background facts with the matter.  To open letter it is above in coroner correspondence.

  • 16/06/2023 An Australian solicitor’s letter to the AFP confirms, for the first time—seven years after our daughter’s murder—that the AFP obtained the clear crime scene photo on 25th November 2016. This photo, taken at 5 a.m. on 9th November 2016 by the fisherman, shows Elly’s ripped-apart top and her half-naked body lying face down on the pathway to the toilet block.

    Despite having this critical evidence, the AFP never informed the coroner in 2016, 2017, or 2018. The letter exposes not only the AFP but also the Honorary Consul and DFAT, revealing a cover-up occurring just seven days after Elly’s death

    See my recent blog/report dated 16/06/2025 under Search for the Truth.) The factual information in this letter, provided to the coroner by the Australian Government Solicitor on 16/06/2023, exposes the Mozambique cover-up and the AFP and DFAT’s attempts to conceal the truth—just seven days after Elly’s death in November 2016.

  • 19/06/2023, the AFP sent a letter to Mr. Cain, also marked CLASSIFIED. At a February 2023 hearing, Mr. Cain had instructed the AFP to “MOVE HEAVEN AND EARTH FOR THE FAMILY,” prompting Commander Smith to travel to Mozambique in May 2023—seven years after our daughter’s murder. The Mozambique authorities confirmed for a second time that it is a homicide and stated they require an official MAR from Australian authorities to release their case file. This highlights the weight and respect given to an official MAR, especially since Australia provides aid to Mozambique. Yet, to this day, the Attorney General has never sent the official MAR.

    These two classified letters, dated 16 and 19 June 2023, reveal factual evidence and form part of my 164-page supporting file, establishing the full truth of discrepancies and cover-ups.

  • 19/07/2023 – An official email was sent to Mr. Cain outlining the family’s concerns about the peer review process on Dr. Lynch’s reports and supplementary report, highlighting a conflict of interest. The coroner had previously stated that an independent pathologist would assess all medical evidence, but this did not occur, as it was reviewed by other VIFM doctors under the coroner’s oversight. (See the open letter above in coroner correspondence.)

    09/08/2023 – My lawyer sent an official email to Mr. Cain regarding the AFP update from 19 June 2023, confirming the homicide declaration by the Deputy Mozambique Attorney General and requesting reconsideration of Dr. O’Donnell (Radiologist) as a witness. A week later, Mr. Cain agreed via email to include Dr. O’Donnell as a witness for the inquest on 22/08/2023. (See the open letter above in coroner correspondence.)

    From 2022 until the inquest, there were numerous email exchanges between the Coroner’s Court and my lawyer at Hall & Wilcox.

    27/05/2024 – I sent an email to the AFP Commissioner and relevant ministers containing my response to the AFP statement. (See blogs on this website.)

  • 23/8/2024 - Email report sent to all relevant ministers (discrepancies and inconsistencies) NB: you have two dates here I think this is the same Documents and same email. see blogs on website this website

  • 23/8/2024 - Email by me in response to AFP letter to the Commissioner informing the AFP that the deputy Mozambique attorney generally was only talking about the MAR for the release of their casefile only as the MAR can be sent anytime to offer assistance with the case with the matter. The MAR act states it has different powers for different elements where countries can help each other. Therefore opening the door for an Official MAR to be sent anytime not just for their casefile.

  • 23/8/2024 - Email sent to AFP Kylie Hemiak AFL/SLO also asking for a response to my report sent on 27 May, 24.

  • 25/8/2024 - Email sent to Commonwealth Ombudsman My report.  see blogs on website this website C/O report.

  • 10/09/24 - Email letter to PM, Cabinet report to Commonwealth ombudsman See blogs

09/08/2023,

below, requesting Mr Cain to reconsider the Radiogoloist Dr. O Donnell as a witness for the inquest.

Sent by my lawyer, Hall&Willcox.

2 Proposed witness list


2.1 We have had an opportunity to consider the proposed witness list provided to our office on 3 August 2023. We are instructed to request that the Court reconsider its decision not to call Dr Christopher O’Donnell as a witness at the inquest in this matter.


2.2 Mr Warren is concerned that the absence of Dr O’Donnell as a witness in this matter may lead to the questions of whether sand was present in Ms Warren’s lungs, trachea and larynx, the volume of sand present and the likely impact of that sand on Ms Warren’s cause of death, being underdeveloped at the inquest. The radiology report prepared by Dr O’Donnell is complex and we consider the Court would be assisted by Dr O’Donnell being able to fully explain and clarify the matters contained within his report.


2.3 Mr Warren considers the presence of hypertense foreign material in areas of Ms Warren’s lungs, larynx and trachea as identified in the radiology report as critical evidence relating to Ms Warren’s cause of death. We understand that the bright white areas in the images produced in Dr O’Donnell’s report are of very high density. On this basis it appears that the sand identified in Ms Warren’s lungs, trachea and larynx is denser than some of Ms Warren’s bones in the surrounding areas. In our view, this suggests that there may have been a significant blockage to Ms Warren’s airways. This is relevant to determining Ms Warren’s cause of death.


2.4 Further, we understand that the density of the material identified on the scans, may be quantified using the Hounsfield system of measurement. For example, in his report, Dr O’Donnell has allocated a density of 1290 HU to the material located in Ms Warren’s larynx. The ability to quantify the density of the material identified in Ms Warren’s airways may have significant bearing on determining Ms Warren’s cause of death. The Hounsfield system of measurement is not explained in Dr O’Donnell’s report and accordingly there is no material presently before the Court which explains what conclusions can be drawn from the density values Dr O’Donnell has ascribed in his report.


2.5 Finally, Mr Warren feels that Dr O’Donnell is the most appropriate person to speak to the contents of his report and opine on the likely density of the material identified in the images contained within that report. This belief is supported by the fact Dr Lynch in his report dated 5 July 2017 was only able to identify some residual sand in Ms Warren’s trachea and bronchi. Further, Dr Lynch’s supplementary report dated 19 September 2019 states that ‘it is not possible to quantify the amount of sand identifiable on the CT images.’ Accordingly, any clarification regarding the likely quantity of sand found in Ms Warren’s airways will require Dr O’Donnell’s evidence as to the Hounsfield system of measuring density and the meaning of the density values attributed to the material found in his report.

Elly Rose Warren