‘Four of the victims still had a rope tied around their necks. Gardiner, Lane, Youde and Haydon.
‘Those with electrical cord or rope around their legs were Fred Brooks and Elizabeth Haydon.
‘Rope was found in two of the bags with the remains of Suzanne Allen.
‘Fred Brooks had his hands handcuffed behind his back and his legs tied together.
‘Gary O’Dwyer had marks on his chest suggestive of electrical burns.
‘A number of the victims’ bodies had been dismembered, with their legs or feet removed from the bodies or their bodies cut up. They were Suzanne Allen, Michael Gardiner, Troy Youde, Barry Lane and David Johnson.
‘With Troy Youde and Suzanne Allen, not only had their bodies been dismembered, but some of the bones had all the skin and muscle cut off them. They were defleshed. The condition of the bodies was such that other injuries suffered by them could easily have been obscured or marked. The pathologists cannot exclude that other things were inflicted upon them, because of the condition of the bodies.
‘It’s alleged that within the bank or the vault were paraphernalia or instruments associated with the torture, murder and later mutilation of the victims.
‘The condition of the victims’ bodies, the results of the postmortem examinations, together with the items in the bank, give us some insight as to what the victims had been subjected to before and after their murders.
‘The implements and other items associated with the murders found in the vault included knives. There were seven knives in a plastic tray on the top of an upended lounge in the vault. Two knives were on top of barrel B, one was stained. There was one on top of barrel A.
‘There were handcuffs on top of barrel A.
‘Gloves. There was a large number of used or soiled gloves. Within the vault there were over ninety-three used gloves as well as boxes of unused gloves.
‘There was adhesive tape that was stained which had hair stuck on it. There was a piece of rope that was knotted with hair caught in the knot. There were sparklers, both new and used.
‘There was a machine called a Variac machine, capable of inflicting electric shocks.
‘There was property belonging to David Johnson, Troy Youde and Fred Brooks, including David Johnson’s wallet and a notebook in which the Crown alleges in John Bunting’s handwriting was David Johnson’s PIN and names and phrases.
‘The Crown says this list in itself is very telling. These items were taken to the forensic science centre. A number were taken for DNA analysis.
‘DNA profiles were done on the accused at the time of their arrests. No DNA was able to be obtained from the victims because of the condition of their bodies in this case. DNA was obtained from the parents to determine the likely profile of the child. That was not able to be done for all of the victims.
‘They tested the knives on top of barrel B, together with two rubber gloves, and on one of the knives were stains. The stains had a DNA typing consistent with David Johnson. On one of the gloves was a piece of muscle. This had a DNA typing consistent with David Johnson. Part of David Johnson’s thigh had been cut away.
‘On the vault floor was brown packing adhesive tape with hair on it. It had a DNA type consistent with that of David Johnson. Swabs from the tape again revealed a DNA type consistent with David Johnson.
‘There were a number of garbage bags in the vault. With these were a large number of used and soiled gloves. Three of those gloves had DNA typing consistent with John Bunting.
‘Sixteen samples from thirteen gloves were consistent with the DNA typing of Robert Wagner. On two of those gloves, the DNA was consistent with Robert Wagner on the inner and outer surface.
‘There was DNA consistent with Mark Haydon on six gloves.
‘It’s alleged they were worn by the accused whilst bodies were being handled.
‘Also, seven samples from five gloves were consistent with Troy Youde.
‘Three samples from two gloves were consistent with David Johnson.
‘One glove was consistent with Troy Youde on the outside and John Bunting on the inside.
‘There was a piece of rope with hair caught in the knot. A stain on the rope and the hair was consistent with Troy Youde.
‘Rope on the bank counter with stains on it was consistent with Gavin Porter.
‘There were sparklers, new and used. It’s alleged the sparklers were used in the torture of at least one of the victims. Eight of the gloves tested had barium, the principal component of sparklers. One of these gloves also had the DNA typing of Robert Wagner.
‘Some items were found within the bank, for example, the knives, handcuffs, Variac machine; in addition there are some items of the same or similar nature found in the homes and or vehicles of the accused. Handcuff keys, sparklers, gloves, tape, rope. You will also hear of items located in the accused’s homes and or vehicles which the Crown says were generated or created in the course of committing the murders. For example, pieces of paper with the personal details of the victim recorded on them.’
With the help of photographs and a chart, the jury was shown the links between all of the accused and their victims. Five victims had been living with one of the accused at the time of their murders. Four victims were related to one of their killers.
Then, Ms Abraham told the jurors, there was the web of deceit created by the killers to cover up their crimes.
‘It’s alleged that the accused between them would create and spread false stories about their victims…to explain their absence to family and friends. Where necessary, the accused between them created the impression that the victims were alive and their disappearance was in some way explicable. These victims were Ray Davies, Suzanne Allen, Michael Gardiner, Barry Lane, Thomas Trevilyan, Gavin Porter, Troy Youde, Fred Brooks, Gary O’Dywer, Elizabeth Haydon and David Johnson.
‘What was needed to be done depended on the circumstances. Some of the victims chosen appear to have had little contact with family and few friends. Some were never reported as missing persons. However, it’s alleged when a situation did arise where an explanation was required, they told false stories. These stories included, on some occasions, stories to the police who had become involved in missing persons inquiries. Generally they included stories that the victim was alive and had chosen to leave or that they had seen a victim after a time they had been murdered. In at least one murder there’s evidence a victim was told to make phone calls to family members before they were killed.
‘As the murders progressed and the accused became more sophisticated, they began making recordings of the voices of their victims. On at least three occasions, words or phrases were recorded, initially on a tape recorder but on the last occasion on computer.’
Police recovered voice recordings of five victims. The most recent, of David Johnson, was found on the hard drive of John Bunting’s computer. The series of statements was recorded in the old Snowtown bank on the night of his murder.
On the day of Bunting’s arrest an audiocassette was discovered in the ceiling of his home. It had been hastily hidden in a sock which had been stuffed into a shoe. The tape contained statements Elizabeth Haydon had been forced to yell in the minutes before she was killed, calling her mother a ‘whore’ and telling her children to ‘die’.
‘Mum, did you tell the women at the church you are a whore? If you ever ring again I’m going to tell every fuckhead at the church you are a whore.’
A second audiotape was handed to police by Robert Wagner’s fiancée, Sally Brown. She had discovered it in their home more than a year after his arrest. It contained the voices of Troy Youde, Fred Brooks and Gary O’Dwyer. Again there was a series of abusive statements directed towards family and friends. In each voice is a measure of confusion and fear—by this time the victims may have sensed they were to be killed. During one sickening portion of the Gary O’Dwyer recording, he is asked by Bunting if he was in pain during his torture. ‘Yes,’ Gary replied, ‘it did hurt lots.’
<
br /> As she delivered her case outline, Wendy Abraham explained to the jury that the recordings were made so they could be played over the telephone to victims’ families or friends, creating the impression they were still alive.
‘It’s alleged that the purpose behind these recordings was to ensure that the disappearance of these victims would not be reported to authorities, or to divert attention away from the accused.
‘It’s alleged that property identified as belonging to the victims or property in a victim’s name was located after the arrest of an accused when police searched their homes, vehicles and other premises associated with them. The addresses you will mainly hear about are where the accused were living at the time of their arrests.
‘At each of these addresses were a number of vehicles and property was also located in a number of those vehicles.’
Ms Abraham told the jury that victims’ property had also been found in a storage unit, rented by John Bunting from a company named U-Store-It.
‘The evidence in this category can be divided into two. First there’s the property owned by a victim or in the name of a victim which was in existence at the time of their murder. And, secondly, that generated after the murder.
‘Police found property in premises associated with the accused in relation to eleven of the twelve victims.
‘John Bunting had property belonging to Ray Davies, Suzanne Allen, Michael Gardiner, Barry Lane, Thomas Trevilyan, Gavin Porter, Troy Youde, Fred Brooks, Gary O’Dwyer and David Johnson.
‘Robert Wagner had property belonging to Ray Davies, Suzanne Allen, Michael Gardiner, Barry Lane, Gavin Porter, Fred Brooks, Gary O’Dwyer, Elizabeth Haydon and David Johnson.
‘There’s also evidence of property being in their possession at an earlier point in time but being disposed of prior to their arrests.
‘There were cars, large items of furniture including a lounge, televisions, refrigerators, financial documentation, keycards and bank books.
‘Often the property of a number of victims was stored together. In the ceiling of Bundarra Court was the property of the victims Suzanne Allen, Barry Lane, Gavin Porter, Troy Youde, Fred Brooks, Thomas Trevilyan. Much of this was documentation kept in several bags, for example one bag contained the property of five victims. Also in the bag was a wallet with the property of four victims. Also in the ceiling, for example, the tape recording of Elizabeth Haydon’s voice, and documents recording information the Crown says was obtained from the victims before their murders. There were practice signatures for Gavin Porter, Troy Youde and Gary O’Dwyer. In Robert Wagner’s car, the blue Ford Marquis SMX 289, there were items belonging to Ray Davies, Michael Gardiner, Barry Lane, Gavin Porter, Fred Brooks and Gary O’Dwyer. In that vehicle there was a bumbag. In the bumbag there were four separate wallets containing cards and financial documentation relating to victims. It will be apparent that with some of the victims, both accused had property of those victims in their vehicles. Mark Haydon also had property of eight victims in his home or vehicles.
‘The accused between them continued to claim the victims’ Centrelink benefits. Those of Ray Davies, Suzanne Allen, Barry Lane, Gavin Porter, Troy Youde, Fred Brooks Gary O’Dwyer and David Johnson.
‘It’s alleged they were able to do this because before the murder they would obtain the necessary information from them. Then after the murder they would take documentation from the victims’ homes. The types of information they would obtain from their victims included PINs, bank details, but also personal information including previous addresses and relatives’ names. The amount of information depended on how well they knew the victim.
‘Documents alleged to have been obtained before the murders include those belonging to Suzanne Allen, Gavin Porter, Fred Brooks, Gary O’Dwyer and David Johnson. Pieces of paper were found recording the details of Suzanne Allen, Gavin Porter, Fred Brooks, Gary O’Dwyer at Bunting’s home. Johnson’s details were found in Robert Wagner’s phone.
‘It’s alleged between them they took whatever steps were necessary to ensure a victim’s benefits continued to be paid into that victim’s account. That included filling out forms, attending appointments, notifying of a change of address, re-establishing a victim’s benefits if for some reason Centrelink stopped paying, setting up a bank account in a victim’s name.’
It was John Bunting who would orchestrate the theft of money from victims’ bank accounts after their murders, taking whatever steps necessary to ensure their government welfare payments continued to be paid. It was a brazen, but not clever, move. The siphoning of cash continued undetected only because victims had not been reported missing or their disappearances were not considered suspicious, in many cases because of the illusions created by the killers themselves. On occasions Bunting and his accomplices would impersonate victims to ensure their flow of funds was not halted. Bunting sent letters and submitted bank or government forms in the names of his victims, even impersonating at least one—Ray Davies—on the telephone and in person. Where he could not pose as a victim himself, he enlisted the help of others.
However, the charades left behind a mountain of evidence which contributed in no small part to the case against the killers. Typical of this was the impersonation of Fred Brooks. While it was James Vlassakis who was given the task of impersonating Fred Brooks, the deception was directed by Bunting. At the time of his murder Brooks had been receiving the fortnightly welfare payment appropriate for a young man studying and living at home. When Brooks was dead and the killers were stealing his money, they wanted more, so Bunting hatched a plan to change the benefit to a more substantial rate paid to homeless people. Bunting wanted to depict the so-called Fred Brooks as mentally ill and, as a result, homeless and unable to work.
In September 1998—only days after Fred Brooks’s murder—Vlassakis posed as Brooks during a doctor’s visit. With him was John Bunting, using the alias Gavin Allen (the Christian names of Gavin Porter). The visit was to obtain a medical certificate. Six days later the pair attended a Centrelink office and submitted several forms and the medical certificate in an effort to change the address for ‘Fred Brooks’ and boost his benefit. To be approved for the more substantial benefit, Vlassakis, again posing as Fred Brooks, attended appointments with a Centrelink social worker, and during the third appointment Bunting and Wagner also went along. Some time later Brooks’s payment was suspended because the required fortnightly forms were not submitted. Again an impersonation was undertaken, with Vlassakis posing as Brooks on the telephone, then in person to explain he had not lodged his forms because he was schizophrenic. This excuse required yet another medical certificate, which prompted a series of further doctor’s visits. During one, Vlassakis gave a blood sample.
While the killers succeeded in getting more money, they also left behind a trail of evidence. Both the social worker and doctor later identified James Vlassakis as ‘Fred Brooks’ and John Bunting as his friend, ‘Gavin Allen’. Robert Wagner was identified as having accompanied them during one appointment. Vlassakis’s fingerprint was found on a document supposedly filled out by ‘Fred Brooks’ and the blood sample was matched by DNA to Vlassakis.
In order to claim Suzanne Allen’s money, Bunting had his de facto wife, Elizabeth Harvey, and, later, his unwitting fiancée, Gail Sinclair, pose as Allen. They would assume her identity during telephone calls, to obtain post office boxes and even open new bank accounts. A large quantity of paperwork in Suzanne Allen’s name was found in Gail Sinclair’s briefcase at the time the killers were arrested. Similar documents were found in Elizabeth Harvey’s handbag.
This evidence, Wendy Abraham told the jury, was compelling.
‘In the case of seven of the eight victims where Centrelink benefits were claimed, the accused had documentation in relation to a Centrelink claim. The only one where they didn’t was with David Johnson. They were arrested less than two weeks after his murder. The documentation in relation to some victims was found with more than one accused.
‘In the case of each victim, the accused between them made regular withdrawals from the accounts up until the time of their arrests.
‘The access or keycards for those accounts were located in the accused’s homes or vehicles or provided to police by James Vlassakis. There were even two cards located for two of the victims whose benefits they were unable to access. There’s evidence from the banking records as to when, where and how much money was withdrawn from accounts. These records also reveal a pattern as to where withdrawals were made from some of the victims’ accounts. For example, withdrawals from their accounts after the murders occurred in different locations from before they were murdered. In relation to Ray Davies and Suzanne Allen, withdrawals were made at Murray Bridge when John Bunting was living at Murray Bridge. Withdrawals from six victims’ accounts were made from the ATM at the BP Express at Munno Para. Withdrawals from five accounts were from the Mobil Quix at Hillbank. At the BP Munno Para there were also withdrawals from John Bunting and Mark Haydon’s account. At the Mobil there were withdrawals from Robert Wagner’s account.
‘It’s alleged in relation to Ray Davies and Suzanne Allen there are video recordings of John Bunting withdrawing money from their accounts. In relation to Barry Lane, there’s video of Robert Wagner accessing his account.
‘The total amount obtained from Centrelink was nearly $95 000.’
As they pilfered the bank accounts of eight of their victims, the killers incriminated themselves time and time again. In every case evidence was found linking the accused to transactions on the victims’ accounts. This was the summary presented to the jury:
Ray Davies: His welfare benefits were paid into an account with the Australian Central Credit Union, the card for which was found at Bunting’s house. Security cameras at three Credit Union branches recorded images of a person posing as Ray Davies to withdraw money from his account. There were six recordings; on each occasion it was John Bunting in the video.
Snowtown Page 18
