Fraser
urged him repeatedly to 'keep his mouth shut' and to 'keep strong'.
Police bugged a cell
during a meeting between Fraser
and Farrell. Fraser's
profanity-laden advice for Farrell to keep quiet would, after Farrell and
his co-accused were acquitted, make him a career-long enemy of the police.
Farrell
later gave his version of the events of the night of the Walsh Street shootings
to Paul Anderson.
"We
were at a pub in Carlton and ended up back at Jason's that night," Farrell
claimed.
"Jason stayed
there. His mum was there. I can't remember seeing if McEvoy was there or not but
I do remember seeing him there that night. At the end of the night me and (mate)
Manny Alexandris were downstairs in the lounge room. I fell asleep on one end of
the couch and he fell asleep on the other."
(Alexandris,
falsely implicated by Ryan early on, would not prove a reliable witness.)
Victor
Peirce, McEvoy and Farrell faced a committal hearing starting on October 31,
1989, during which Ryan, Wendy Peirce (Victor's wife) and several others gave
their evidence. Wendy's evidence included statements alleging Victor's anger
after Jensen's shooting and his pledge to "knock the jacks". She said
her family booked into a motel hours before the murders and told how Victor left
on the night of October 11, 1988, and returned early the next morning saying he
and others had killed two policemen.
Ryan
stuck to his guns and placed his implicated five at the flat in Gordon Grove,
off Walsh Street in South Yarra, referred to otherwise as murder headquarters.
He detailed the alleged conversations and motives. The court was told the
murders were revenge killings - a two-cops-for-one-crook kill bid as payback for
Jensen.
After hearing the
prosecution case, ending on February 22, 1990, Magistrate Hugh Adams deemed
there was insufficient evidence for the three to stand trial.
Adams said there
was "no doubt" in his mind that Jedd Houghton played an "active
part" in the slayings.
He also said there was insufficient evidence for him
to direct Trevor Pettingill be charged, and suggested the Director of Public
Prosecutions may wish to "address his mind to the matter".
All
three defendants maintained their "not guilty" pleas. Peirce's alibi
had him with wife Wendy and their children at the Tullamarine motel.
McEvoy
claimed he was sleeping in his room at Ryan's mother's Brunswick flat. Farrell
maintained he was in a drug-induced sleep on the couch at the very same flat.
On
the order of the Office of the Director of Public Prosecutions, Pettingill was
charged in July 1990.
Without a proper committal hearing, he was presented to
the Supreme Court to stand trial with the three others.
His plea was also
"not guilty", his alibi being that he was in a sedative-induced sleep
at the time of the shootings.
Weeks
before the trial, during a voire dire, Wendy, reunited with her husband - a man
who once shot bullets at her feet and broke a finger as a punishment - recanted
and turned hostile witness.
She claimed investigators, or "gangsters with
badges" as she called them, had forced her to tell lies about her husband's
involvement.
That despite her having told the Magistrates' Court: "Rumours
that I am being hypnotised, tortured and bashed are not true. I am here of my
own free will."
At rial,
under the watchful eye of Justice Frank Vincent, Ryan was left to bear the
weight of the prosecution case on his shoulders. He was now the Crown's star
soloist.
Nervous and intimidated, Ryan gave detailed evidence against the
accused just as he had at his committal.
He told of the gathering at the Gordon
Grove flat and how the five had argued over the shotguns before heading out. He
said he stayed behind to guard the flat while the others set up a car as bait
and shot the constables.
He said he heard shots before one of the accused
returned with blood on his tracksuit pants.
Ryan also said he was told that if
he said anything about that fateful night he would share the same fate as the
shot policemen.
The defence
lawyers hammered Ryan's credibility during cross-examination. If his testimony
proved doubtful, the jury would have a difficult task settling on a guilty
verdict.
Ian Hayden, for Farrell, described Ryan as a burglar, liar, thief and
cheat. Geoff Flatman, for Peirce, played the jury several of Ryan's
re-enactments in which the young Crown witness continually changed his story.
"He ingenious at picking up snippets of information and using them,"
Flatman told the jury. "It's kids playing silly games. He's playing
God."
Chris Dane, QC, for Pettingill, said Ryan has "verballed"
his client and he asked the jury to do with the evidence "what the jury in
the Birmingham Six case should have done with the verbal confessions presented
to them - treated t with the contempt it deserves".
Bob Vernon, for McEvoy,
told the jury they were being asked to convict his client on "tainted,
suspect and manipulated testimony" given by "court-room rehearsed
witnesses, harassed and frightened witnesses and self-confessed liars".
"There
are witnesses who have changed tack more times than a yacht in a twelve-metre
yacht race," Vernon said.
"These
witnesses have poisoned the well of justice. They said Adolf Hitler was the
difficult son of a difficult mother, and one can but wonder if Jason Ryan is not
the difficult son of a difficult mother."
Crown
prosecutor James Morrisey, QC, conceded Ryan had a black background. "You
are not going to get the Archbishop of Canterbury or Mother Teresa from within
the group," he said.
Forensic
evidence linking the four accused to the murder scene was next to nothing.
Circumstantial evidence had linked the main murder weapon - the Japanese-made
KTG shotgun - to an armed robbery crew allegedly including Houghton and Jensen.
It is believed the bandit crew had used the gun during a series of hold-ups
before the police murders.
After
more than six weeks at trial and six days of deliberation, the all male jury
came back on March 26, 1991 and acquitted Farrell, Peirce, McEvoy and Pettingill.
Kath
Pettingill was ecstatic. Detectives who had sacrificed all investigation the
case were shattered.
"The
Walsh Street four have been acquitted. All units stay under control," was
the D-24 broadcast to all police cars on the road.
Noonan
said the result was one of disbelief and total disappointment. He added that the
jury had found the accused not guilty but had not found them innocent.
The
acquitted immediately called for a Royal Commission into the investigation.
Noonan welcomed the call, saying it would vindicate the police decision to
charge them by revealing evidence inadmissible at trial.
When
Paul Anderson spoke to Farrell in 1998, Farrell said the acquittal was the
happiest day of his life.
He said he still held fears for his safety having been
branded forever by the police murder charges.
Farrell, a heroin
addict, has been jailed twice for drug offences since the Walsh
Street trial.
He was
among the two hundred and fifty or so mourners to attend the funeral of Walsh
Street co-acquitted, Victor Peirce, in May 2002.