crime club wil assessment- essay

JSB300 Investigation of Suspects of 21

JSB300: Criminal Investigation and Prosecution

Assessment One: Essay

Submitted by Team 3

Sam Harvey, 08580740

Tara Moore, 09135791

Nicole Cross, 08685851

Michael Anderson, 8587621

Gareth Whitehead, 8865264

Unit Coordinator: Claire Ferguson

Submission Date: 10 September 2015

Word Count: 3796

In submitting this work we declare that, unless otherwise acknowledged, this work is wholly

our own. We understand that our work may be submitted to Turnitin and consent to this

taking place.


InvestigationofsuspectsAsummaryoftheinvestigationmethodundertakenaspartofCrimeClub2015

Author:Team3


Table of Contents

1.0ExecutiveSummary.................................................................................................................42.0Background................................................................................................................................5

3.0SuspectedCrime(s)..................................................................................................................6

4.0InitialEvidence..........................................................................................................................74.1IncidentReport...................................................................................................................................74.2ForensicandMedicalReports.......................................................................................................74.3StatementsandRecordsofConversation..................................................................................8

5.0PersonsofInterest...................................................................................................................95.1BelindaBull..........................................................................................................................................95.2DuyDiablo..........................................................................................................................................115.3JohnGraham......................................................................................................................................125.4MarkMachiavelli..............................................................................................................................135.5ElizabethSuker.................................................................................................................................145.5MatthewTrimony............................................................................................................................16

6.0SWOTAnalysis........................................................................................................................176.1Strengths.............................................................................................................................................176.2Weaknesses........................................................................................................................................176.3Opportunities....................................................................................................................................176.4Threats.................................................................................................................................................17

7.0EvidenceandIntelligenceGaps........................................................................................18

8.0Recommendations................................................................................................................199.0Conclusion................................................................................................................................20

10.0ReferenceList.......................................................................................................................21


1.0 Executive Summary The following report outlines the investigative processes used when investigating the death of

Megan Morte on 22 July 2015 in the disabled toilets of the George Street Campus of the State

University of Queensland. The cause of death of Morte was deemed to be asphyxia due to

ligature strangulation and the death is considered a homicide. Investigators have identified six

persons of interest were identified by the investigators: Belinda Bull, Duy Diablo, John

Graham, Mark Machiavelli, Elizabeth Suker and Matthew Trimony.

Investigators were provided with several sources of evidence including: forensic reports, text

records, travel records and CCTV. In addition to this evidence, a search warrant was issued

for and executed at Bull’s residence. The six persons of interests were interviewed by

investigators in late August 2015. From the evidence and the interviews, a complex set of

relationships were found to exist.

From the evidence requested by the investigators and subsequent interviews the following

finding was made:

1. On 22 July 2015 Morte was murdered by Bull. Bull used her scarf to strangle Morte

until she was dead. The death was out of jealousy as Morte was recently engaged to

Trimony.

The recommendations of this report are:

1. That all gaps of intelligence and evidence as previously identified are satisfied.

2. Investigators must focus on building a sound timeline of events as current evidence

consists of probabilistic evidence.

3. Eyewitness accounts should be viewed in a critical manner.

4. A full review of the evidence should be conducted with a view to prosecute Bull for

the murder of Morte.


2.0 Background At approximately 22:30 on 22 July 2015 Megan Morte, a rising star of the State University of

Queensland (SUQ), was discovered deceased by security guard Duy Diablo in the disabled

toilets. On the night in question Morte was attending a book launch in her honour at the

George Street Campus of SUQ. The death was considered to be suspicious and warranted

further investigation. The cause of death was later determined as asphyxia due to ligature

strangulation and the death is considered a homicide. Upon receiving initial information

regarding the death of Megan Morte, six persons of interest were identified by the

investigators: Belinda Bull, Duy Diablo, John Graham, Mark Machiavelli, Elizabeth Suker

and Matthew Trimony. Following the identification of persons of interest, an investigation

was conducted and further evidence was adduced, including: forensic reports, text message

records, travel records and (Closed-circuit Television) CCTV footage. In addition to this

evidence, a search warrant was issued for, and executed at Bull’s residence. This report will

document and examine the targeting of suspects for a potential prosecution in relation to

Morte’s death. By examining the investigation of each suspect in turn, this essay will

conclude by giving recommendations on the future of this investigation.


3.0 Suspected Crime(s) From the information received investigators have identified that a possible contravention of

the Criminal Code 1899 (Qld) may have taken place. Three offences may have occurred:

1. unlawful homicide;1

2. murder;2 or

3. manslaughter.3

Investigators noted from the outset, by examination of crime scene photos and forensic

reports, that the death of Morte was suspicious and did not occur in a natural way. Further, the

autopsy report indicated that the manner of death was a homicide.

1 Criminal Code 1988 (Qld) s 300. 2 Ibid s 302. 3 Ibid s 303.


4.0 Initial Evidence 4.1 Incident Report

The first item of material issued to the investigators was the Crime/Incident Report.4 This

report acted as the catalyst for investigations into the death of Morte. The report assisted

investigators in establishing an initial timeline of events, the number of potential witnesses to

the incident and other particulars.

4.2 Forensic and Medical Reports

As part of the initial information gathered on the night, the following forensic/medical reports

were obtained by the investigators: autopsy report completed by Dr Bruce McIntosh;

Recognition of Life Extinct Form (ROLE) completed by Colin Gray of Queensland

Ambulance Service (QAS), crime scene photos taken on the night, toxicology report

completed by Jennifer Sanders; and scientific reports completed by Det Insp Bob Armer and

Snr Sgt Couture.

Dr Bruce McIntosh M.D., a forensic pathologist, conducted an autopsy on the deceased.5 A

pathological diagnosis of the cause was asphyxia due to ligature strangulation was made with

the manner of death deemed to be homicide.

The ROLE form6 provided investigators with confirmation from a QAS officer that Morte

was deceased upon his arrival, with a pronouncement of death at 00:01 on 23 July 2015. The

form further provided investigators with information as to Colin Gray’s examination of

Morte’s body and the subsequent removal of Morte’s body.

Crime scene photos7 were taken on the night. These provided useful information as to the

location and how the deceased was found. Images of the deceased showed visible markings

around her neck. The deceased was observed slumped over the toilet with her shoes removed.

4 See generally Crime/Incident Report, dated 22 July 2015 23:30, Case No QP-MM-0058892. 5 See generally Dr Bruce McIntosh MD, Autopsy Protocol, dated 23 July 2015, Case No QP-MM-0058892. 6 See generally Colin Gray (QAS), Recognition of Life Extinct Form, dated 22 July 2015, Case No QP-MM-0058892. 7 See generally multiple photos, taken 22 July 2015, Case No QP-MM-0058892.


Jennifer Sanders, forensic toxicologist, provided a toxicology report.8 Whilst no drugs were

detected, a significant positive result for alcohol was detected in the test results. The deceased

had a blood alcohol content of 0.15% at time of examination.

Two reports from the Scientific Unit of the (Queensland Police Service) QPS were provided

to investigators dated 23 and 25 July 2015.9 These reports were complied by a Scientific

Officer and Forensic Coordinator respectively. The information allowed investigators to

eliminate potential sources of evidence such as DNA and hair fibre testing.

4.3 Statements and Records of Conversation QPS officers gathered a statement and two records of conversation on the night. From the

statement made by Diablo,10 it was adduced that Morte’s body was discovered, on or around

23:30, sitting sideways on the back of the toilet system in the disabled toilet with the door

unlocked. Diablo checked the deceased’s vital signs and proceeded to call emergency

services.

Both Machiavelli and Suker spoke to QPS officers in attendance and their conversations were

recorded. On the night officers observed that they were visibly drunk and deferred taking a

formal statement. It was from the record of conversation of Suker that investigator’s began to

assemble a list of persons of interest. However, due to both persons being intoxicated while

discussing the matter with QPS officers, the records of conversation were treated with an

appropriate degree of caution.

8 See generally Jennifer Sanders, Toxicology Report, dated 25 July 2015, Case No QP-MM-0058892. 9 See generally C Couture, Scientific Report, dated 23 July 2015, Case No QP-MM-0058892; and Detective Inspector Bob Armer, Forensic Coordinator Report, dated 25 July 2015, Case No QP-MM-0058892. 10 See general Statement of Witness – Duy Diablo, given on 22 July 2015 in the presence of Constable Joe Petty.


5.0 Persons of Interest 5.1 Belinda Bull

From a record of conversation with Suker, Belinda Bull was identified as a witness. Bull was

reported as being one of the remaining guests at the book launch after the majority of the

attendees had left. CCTV was obtained from the crime scene, confirming Bull was present on

the evening. Bull also provided a witness statement. This evidence allowed investigators to

establish that Bull and the deceased arrived at the event together. Additionally, both Bull and

Suker reported in their witness statements that Bull provided a speech during the event to

congratulate Morte. Bull’s statement reports that after this event she began drinking heavily.

Bull claims to recall little about the events of that night due to her drinking, but believes she

arrived home at around midnight.11

When analysing the CCTV footage, investigators noted that Bull’s whereabouts between

22:50 and 23:02 was unaccounted for. Between Bull’s return at 23:02 and her final departure

at 23:12, the multi-coloured scarf that she was previously wearing is no longer present. At this

stage in the investigation, Bull was considered a person of interest.

A search warrant was conducted at Bull’s residence, which resulted in the discovery of the

scarf Bull was believed to be wearing on the night and the deceased’s engagement ring in the

front pocket of a pair of dark denim jeans. Swabs of stains found on the scarf were taken and

submitted for DNA comparison and subsequently matched to Motre.12 Two Caucasian hairs

were discovered within the folded scarf, distinctly different to those of Bull’s known head

hair. These hairs contained root material necessary for DNA typing and comparison and

appear to have been forcefully removed from the scalp. These hairs were submitted for DNA

comparison.

Tests were conducted on the material provided to Queensland Health and fibres were matched

to the deceased. Fibres found on the scarf were compared to known fibres from the decedent’s

singlet. Microscopic comparison could not differentiate between any of these fibres. Known

fibres of the scarf were compared to two unknown fibres that were tape-lifted from the

throat/neck area of the decedent. These fibres could not be differentiated and were all deemed

11 Translink GoCard Records for Belinda Bull, GoCard ID 3409 7393 8300 2388, page 4. 12 See Report by Dr Dawn Bradley on 21 August 2015.


Egyptian silk, consistent in colour, consistency, chemical composition and morphology to the

scarf.

One well-preserved fingerprint was lifted from the button of the jeans that could not be

differentiated from Bull’s right index finger. There were no other fingerprints lifted.

The scarf and jeans resemble those worn by Bull on the night. It believed that the scarf was

used to asphyxiate the decedent, and that Bull was the only one that came in contact with the

jeans. At this stage in the investigation, Bull became the main suspect in the investigation

into the death of Morte.

A search warrant was executed for telephonic communications between the deceased and

persons of interest. It emerged that Bull and Morte were involved in a romantic relationship.

Warrants were granted to retrieve text communication between the decedent Trimony. Texts

between Trimony and Morte revealed that Bull would be upset on the night of the book

launch. A suspect interview with Bull confirmed that Bull and the deceased were involved in

a romantic relationship. Bull claims Trimony borrowed the scarf at some point in the night.

Trimony however claims he does not recollect this taking place. At this stage of the

investigations Bull is considered the primary suspect.


5.2 Duy Diablo

Duy Diablo was the first to call emergency services in relation to the death of Morte. Diablo’s

witness statement indicates that he discovered the body. A request to conduct criminal history

checks on all known persons in the investigation revealed that Diablo was the only one with a

criminal history. Diablo’s criminal history report indicated that he has in the past committed

offences involving the inappropriate perusal of relationships with women. Diablo has no

known criminal behaviour associated with work colleagues. A description by Constable Petty

indicated that Diablo’s demeanor was normal given the circumstances, being calm but visibly

shaken. An interview with Diablo did not incriminate Diablo in any way. No additional

evidence has been obtained throughout the investigation to suggest Diablo had any

involvement. For these reasons Diablo is considered a witness by investigators.


5.3 John Graham

John Graham became known to investigators through a record of conversation made on the

night in question with Suker. He entered the book launch with Trimony at 19:15, and left at

22:00. Investigators requested a statement to be taken from Graham. A statement was

provided by Graham on 30 July 2015 in which two points of interest arose; Graham was

Trimony’s roommate and Graham disapproved of the relationship between the deceased and

Trimony.

Investigators were granted access to text messages sent from Graham’s mobile phone along

with taxi records to confirm Graham’s movements on the night. Phone records from

Graham’s phone showed a number of text messages sent to Trimony on 22 July 2015 ranging

from 11:21 to 13:37 during which 26 messages were sent and received. These text messages

indicated that the two were in a close relationship. These records were later put to Graham in

an interview with investigators.

Records supplied by Black & White Cabs indicated that on 22 July 2015 Libby Johnson, a

driver with the company, picked up a person in front of Parliament House, near the SUQ

campus. The description given by the driver does match that of Graham on the night, as

confirmed by CCTV photos, and the timeframe does fit within Graham’s statement and

subsequent answers in interview.

A request was approved to interview Graham. A recorded interview with Graham was

conducted on 25 August 2015 with investigators. The interview with Graham revealed that he

and Trimony were involved in a romantic relationship, with it being “no secret amongst

certain people” and the reason as to why he was upset with Trimony proposing to Morte on

the night, mentioning that Trimony does not think things through properly. Graham also

speculates that either Diablo or Suker may be responsible for Morte’s murder: Suker due to

being jealous of Morte and Diablo because he is just ‘disturbed.’


5.4 Mark Machiavelli

Mark Machiavelli became known to investigators through conversation with responding

police officers on the night of the incident. CCTV footage was closely monitored and

observed Machiavelli arriving at approximately 19:30 on with Suker. 13 Machiavelli’s

statement reports he consumed a lot of alcohol that night and does not remember many

details.14

An investigative interview with Mark Machiavelli revealed that he thought that Morte was a

‘bitch.’ Such feelings towards the deceased were brought upon by Morte taking credit for

other people’s work in order to move up the university hierarchy. Machiavelli stated in

interview that he missed out on a promotion due to Megan getting promoted in his place due

to the works she claimed as her own. Machiavelli stated in interview that Bull promoted

Morte, however upon interviewing Bull this was categorically denied by Bull. Machiavelli

was sure others felt the same way towards Morte, he stated in his interview that she had a

reputation for stealing works of others. During interview, Machiavelli expressed his surprise

at the engagement of Trimony and Morte as he believes Trimony is a homosexual and was

subsequently in a romantic relationship with his roommate, Graham. Machiavelli observed

that Graham was “furious” when he the engagement was announced. 15

Investigators failed to find any significant evidence implicating Machiavelli. In addition to

this, his cooperation with police and his movements that were captured by CCTV throughout

the night have led investigators to consider Machiavelli as a witness.

13 See also Machiavelli’s Record of Conversation on 22 July 2015, Statement given on 23 July 2015 and Interview with Investigators given on 25 August 2015. 14 See Statement of Witness – Mark Machiavelli, given on 23 July 2015 in the presence of Constable Joe Petty at [6]. 15 Record of Interview with Mark Machiavelli, 25 August 2015, pg 3-6.


5.5 Elizabeth Suker

Elizabeth Suker became known to investigators through conversation with responding police

officers on the night in question. CCTV footage was closely observed that Suker arrived at

approximately 19:30 with Mark Machiavelli.16 Suker’s statement reports she consumed a lot

of alcohol that night and does not remember many details. It was also stated that towards the

end of the night Suker, Machiavelli, Bull, Trimony and Morte continued celebrating, which

was confirmed by CCTV footage.17 The footage confirmed Suker was only absent for 6

minutes at 22:47 to 22:53. Suker and Machiavelli were present when police arrived on the

scene and were notified of Morte’s death. At this stage in the investigation Suker is

considered a witness.

On 27 August 2015 Suker attended an interview with investigators. Investigators intended to

gain further insight into the events that took place at the book launch and the relationship

between all parties. This interview revealed a number of speeches took place during the night

and it was confirmed Trimony proposed to Morte. Suker informed investigators that her

relationship with Morte was a professional one and they did not socialise outside of work.

The reason for this was Morte apparently took advantage of Suker’s work that she had wrote

and Morte took all the credit. Suker was only present at the book launch because of Bull’s

insistence. Suker also mentioned Bull and Morte were very close in the faculty and travelled a

lot together doing conferences. Suker stated Morte never mentioned Trimony and that she

was not very aware of their relationship, only stating that he appeared on the scene one day

after dating for approximately two years. Suker did not provide much more insight into the

events that took place on the night due to intoxication. However, mentioned toward the end

of the night she went to the bathroom and this was her whereabouts between 22:47 and 22:53.

Current evidence indicates that Suker should remain a person of interest in the investigation.

Several issues arose during an interview with investigators. At the beginning everything

began smoothly, however Suker did not respond or provide as much detail as investigators

were hoping for. This left the investigative team wondering what to do next, what to ask and

resulted in a very unstructured interview. The investigative team has learnt for an interview to

be effective it requires strategic planning and that with inadequate preparation or insufficient

16 See also Sucker’s Record of Conversation on 22 July 2015, Statement given on 23 July 2015 and Interview with Investigators given on 25 August 2015. 17 See Statement of Witness – Elizabeth Suker, given on 23 July 2015 in the presence of Constable Joe Petty.


time the interviewer will fail to gather enough information to address the issues in question

(AICPA 2006). This is extremely important for investigators to conduct interviews properly,

so time is not wasted and the criminal justice process is done correctly.


5.5 Matthew Trimony

Matthew Trimony came to investigators’ attention from initial witness testimony by Suker on

22 July 2015. A suspect interview with Trimony on the 27 August 2015 was conducted in

order to gain further insight into his testimony and relationships with other persons of

interests, however a relevant issue to note was that the interview was less than exemplary with

regards to the PEACE model of investigative interviewing. A glaring problem from the

beginning of the interview was the failure to satisfactorily establish rapport with the suspect

and therefore not allow him the opportunity to properly engage with investigators in

answering their questions. This is especially relevant to the investigation as interviews that

have been improperly conducted can lead to misleading evidence and can potentially lead to

wrongful convictions of innocent persons, as is evidenced by Hill and Moston’s (2011)

detailing of cases scrutinised by courts and the public for these reasons. Interestingly

however, Trimony denied having any romantic relationship with Graham despite text

messages suggesting otherwise, as well as Graham telling investigators that many knew of the

relationship.18 At this stage of the investigation Trimony is considered a person of interest.

18 See generally text messages between Graham and Trimony dated 22 July 2015 between 11:21 and 13:37.


6.0 SWOT Analysis During the investigation a SWOT analysis was conducted. Through the analysis of strengths,

weaknesses, opportunities and threats were identified in relation to the investigation. By

conducting this analysis, investigators were able to identify how the investigation is

proceeding and how evidence may assist or hinder the investigation.

6.1 Strengths The primary strength of the investigation is the CCTV footage taken on the night. The footage

provides vital details that will be used in the future prosecution of Morte’s killer. Forensic

analysis on the scarf provides investigators with a key item of evidence in the death of Morte.

6.2 Weaknesses The primary weaknesses of the investigation are: a lack of DNA evidence and a lack of

reliable witnesses due to the effects of alcohol.

6.3 Opportunities

As all evidence that could have been made available has been provided there are limited

opportunities to further the investigation. The primary opportunity to advance the

investigation is to utilise the opportunity to request one final piece of evidence at the briefing.

6.4 Threats If no prosecution occurs in relation to this crime there is a potential risk to the public’s safety

and confidence in the investigators. An additional risk of prosecuting an innocent party is a

factor that investigators must constantly consider.


7.0 Evidence and Intelligence Gaps At this stage of the investigation multiple requests for further evidence were made. Through

the evidence requested investigators were able to identify key persons of interests and a

possible timeline of events. Although sufficient evidence has been supplied to establish a

timeline of events and identify key persons, the following gaps of evidence and intelligence

have been identified.

Evidence gaps:

• There is currently limited DNA evidence that conclusively places Bull at the scene of

the crime.

• There is a general lack of evidence of communications between persons of interest

that would enable investigators to form a more detailed understanding of the

background to this crime.

• There is currently limited CCTV available to the investigators which may allow for a

more detailed timeline to be established.

Intelligence gaps:

• Due to the nature of the investigation, intelligence gathering was not a high priority

for investigators, as a successful prosecution would rely on evidence.


8.0 Recommendations From the previous examination of how suspects were targeted and the evidence was collated,

the following recommendations can be made:

1. That all gaps of intelligence and evidence as previously identified are satisfied.

2. Investigators must focus on building a sound timeline of events as current evidence

consists of probabilistic evidence.

a. DNA is widely considered statistically accurate, however anomalies do occur

(Ligertwood 2011). In saying this, DNA evidence is useful in criminal

investigations as a tool for identifying an accused, and a victim (Ligertwood

2011). The fingerprint found on the jeans obtained from the search warrant

conducted on Bull’s residence will help explain the issues surrounding such

evidence. The detail in the fingerprints is a combination of both genetic and

nongenetic factors, making even the difference between biological twins

distinguishable (Sallavaci 2014). Despite the uniqueness of one’s fingerprints,

the DNA analysis process is considered statistically highly accurate but not

perfect (Ligertwood 2011). Despite Bull being the main suspect, it is important

to not disregard the possibility of other’s being involved in the death of Megan

Morte.

3. Eyewitness accounts should be viewed in a critical manner.

a. Majority of wrongful convictions have been the result of inaccurate eyewitness

testimony (Horvath 2009). In the context of the current case, many of the

witnesses had been consuming alcohol on the night and had left the party

before the police arrived. It is important to recognise these problems when

using eyewitness evidence to guide the investigation as well as formulating

responses to possible defences in court.

4. A full review of the evidence should be conducted with a view to prosecute Bull for

the murder of Morte.

5. Alternatively, a full review of the evidence should be conducted with a view to

prosecute Suker for the murder of Morte.


9.0 Conclusion The death of Megan Morte is considered a homicide by investigators and it appears that there

may be one or more breaches of the Criminal Code 1899 (Qld). After initial evidence was

released to investigators, six persons of interest were identified: Belinda Bull, Duy Diablo,

John Graham, Mark Machiavelli, Elizabeth Suker and Matthew Trimony. Following the

identification of persons of interests an investigation was conducted and further evidence was

adduced including: forensic reports, text records, travel records and CCTV. This information

was analysed by investigators and a search warrant was issued for and executed at Bull’s

residence. This report has documented and examined the targeting of suspects for a potential

prosecution in relation to Morte’s death. By examining the investigation of each suspect in

turn, this report has concluded by giving recommendations on the future of this investigation.

In light of the evidence presented investigators are currently working on the hypothesis that

Bull, using her scarf, murdered Morte. This murder was committed as an act of jealousy due

to the proposal made by Trimony. Based on the evidence collected, investigators are hopeful

of a potentially successful prosecution against Bull for the murder of Morte.


10.0 Reference List AICPA (American Institute of Certified Public Accountants) Forensic and Valuation Services

Section. 2006. “Conducting Effective Interviews.” Accessed September 3, 2015.

http://www.aicpa.org/InterestAreas/ForensicAndValuation/Resources/PractAidsGuidance/Do

wnloadableDocuments/10834-378_interview%20whiite%20paper-FINAL-v1.pdf

Hill, Jade A. and Stephen Moston. 2011. “Police perceptions of investigative interviewing:

training needs and operational practices in Australia.” The British Journal of Forensic

Practice 13 (2): 72-83. Accessed September 2, 2015. doi: 10.1108/14636641111134314

Horvath, Miranda A. H. 2009. “Eyewitness evidence.” In Understanding Criminal

Investigation, Edited by Stephen Tong, Robin P. Bryant and Miranda A.H. Horvath, 93-114.

doi: 10.1002/9780470682388

Ligertwood, Andrew. 2011. “Can DNA evidence alone convict an accused?” The Sydney Law

Review 33 (3): 487-514. Accessed September 02, 2015.

http://search.informit.com.au.ezp01.library.qut.edu.au/fullText;dn=532413816155693;res=IE

LHSS

Sallavaci, Oriola. 2014. “Principles and features of the criminal trial.” In The Impact of

Scientific Evidence of the Criminal Trial, edited by Oriola Sallavaci, 11-30. London:

Routledge.

Criminal Code 1899 (Qld)