My Advice and Experience for Families dealing

with the Suspicious Death of a Loved One

Overseas.

Circumstances of the First Few Days of the Elly Case
Advice for Families Facing Similar Situations

1) Circumstances of the First Few Days of the Elly Case

Our daughter Elly tragically died overseas in Mozambique. At first, it was difficult to believe the news. When we heard that an Australian girl had been found murdered possibly raped our immediate thought was, It can’t be Elly. But confirmation soon arrived: it was her, found naked near a toilet block. The shock, disbelief, and grief were overwhelming.

Friends came to support us, and Nicole, Elly’s mother, confirmed with the manager of where she was staying that it was indeed our daughter.

DFAT provided excellent early support, keeping us informed of the situation. Heavy rains had closed the nearest airport at Inhambane, so Elly’s body had to be transported roughly 900 km by road to Maputo for her autopsy. DFAT kept us updated throughout the journey and informed us that the autopsy was scheduled for 14 November 2016.

DFAT also advised that the Mozambican autopsy may not meet professional standards and suggested a second autopsy in South Africa. I chose to fly there to retrieve Elly’s body, accompanied by my sister and Elly’s boyfriend, Luke. DFAT arranged all travel and accommodation, and 1Cover travel insurance covered everything, including bringing Elly’s body home.

At the funeral parlor, viewing Elly was heartbreaking. Her face showed bruising, abrasions, and a swollen lip—clear signs of assault. This was extremely difficult for me and my sister, and I advise families to carefully consider whether to view their loved one, as the image stays with you.

Returning home immediately was my first regret. In hindsight, I should have gone straight to Tofo, Mozambique, to investigate and gather evidence.

The AFP told us Mozambique authorities were in control of the investigation, but in reality, they were trying to cover up the circumstances of her death. Statements to AFP should be approached with caution; everything you say becomes evidence.

Elly later had a third autopsy in Melbourne. While the overseas autopsies indicated a violent death by homicide, the Melbourne pathologist concluded “undetermined.” AFP continued to mislead the family for months, claiming the investigation was ongoing in Mozambique.

Lesson: In countries with limited investigative capacity, families need to take initiative to protect evidence and ensure an accurate investigation.

2) Advice for Families Facing Similar Situations (Especially in Third World Countries)

Go immediately. Do not rely on AFP instructions. It is very important to take the first available flight, as arriving sooner increases your chances of obtaining vital evidence. DFAT can assist with visas and logistics. If possible, bring someone with you for support.
Respect local authorities. Police may be underpaid or undertrained especially in third world countries, but approaching them respectfully can help gain cooperation.
Overcome communication barriers. Use translators or local contacts. Record everything you see or hear. Best to set this up before you go over if you can.
Bring US dollars. Recognized widely; know the exchange rate. Notify your bank to avoid blocked transactions.
Protect all trace evidence this is very IMPORTANT Secure clothing at the time of death, personal items, or any physical evidence discreetly. Local authorities may not preserve evidence properly.
Visit doctors. Take notes, request reports, and use small rewards if culturally appropriate to gain cooperation. But be very carful adopting this approach.
Document the crime scene. Take photos of the scene and surrounding areas. Collect trace evidence when possible. Go to the hospital and speak to the doctors taking notes.
Be careful with your money. Locals may exploit wealth as in third world countries as they think everyone from overseas is wealthy.
Take initiative. Foreign family members often have more access and influence. Use this to gather evidence and information.
Involve DFAT carefully. Share limited information only what you need to as they may inform the AFP, who often limit cooperation as they don’t want to be made accountable.
Consider a private investigator. Experienced investigators like Mr. Charlie Bezzina can help gather early evidence.
Understand investigative differences. In countries with competent police, strict protocols limit access. In third world countries, acting quickly may make the difference between justice and no answers as their standards are poor. However be respectful at all times this is difficult but it the best way for some cooperation.

Coroner’s inquest advice:

This is Very Important:
Only one family member needs legal representation, as it is important to maintain direct communication with the coroner’s assistant. It is essential to clarify to the court who is the primary family representative whether the mother or the father. The parent who is not the primary representative can still then contact the coroner’s assistant directly at any time. Failing to make this clarification can result in losing the right to communicate with the court directly. I experienced this myself, as I still wanted direct contact with the coroner’s assistant, but if you Both have legal representation, you can lose that right.
The coroner runs and controls the inquest, NOT YOU. Any requests or submissions should be made formally in writing and must stick strictly to the facts. Keep all letters and communications focused on verified facts only.
Witnesses for the inquest were a major problem for Elly’s family, as we were not allowed all the relevant witnesses we wanted. The coroner can influence the outcome by deciding which witnesses to call this is not under your control, only the coroner’s. However, you can object to the exclusion of a witness, and if your reasons are valid, the coroner may reconsider and allow the witness to appear.
If the inquest is held at the Victorian Coroners Court, it would not be in your best interests to blame or criticize doctors from the Victorian Institute of Forensic Medicine (VIFM). Keep all submissions focused strictly on the facts of the case, especially the cause and manner of death. Avoid complaints about the AFP, other authorities, or any court-connected personnel, indirectly doctors included as from my experience this is a waste of time the coroner is not interested in these issues, and it is not the court’s role to handle complaints, as I was told by Mr Cain the coroner that this falls outside the court’s jurisdiction!!! Submitting complaints to the coroner’s court i found is therefore a complete waste of time!!

Key principle: If a loved one dies overseas, especially in a third world country: question everyone, take responsibility for your own investigation, and do not fully trust authorities. DFAT can provide logistical support, but AFP may not act in your interest.

Acknowledgements

Mr. Charlie Bezzina, retired Melbourne Homicide detective, pro bono advice since 2018.
Hall & Wilcox Lawyers, pro bono support, especially for the inquest.
1Cover Travel Insurance, excellent support for travel, accommodation, and returning Elly’s body.

Paul Warren

Advice to other Families having Loved Ones Deceased Overseas.