On October 24, 1988,
police took Ryan on a trip to the country (Bright, north-east Victoria).
Ty/Eyre Task Force
head, Det
John Noonan escorted Ryan to the small town and there the accusations
against the four charged, as well as others involved, were born.
Ryan gave
crucial, but ever changing evidence in the Walsh Street
trials.
He was placed under witness protection.
"There wasn't many barbeques, I can
tell you that," Ryan said of his trip, "they tried to put the wind up me."
Flemington
armed robber Gary
Abdallah became a suspect on the evidence of Jason Ryan put forward on
October 27.
Ryan claimed that
Abdallah's
part in the killings was to provide and drive the getaway car.
Abdallah was shot in a police raid shortly after.
"I told them bits and pieces and told them bullshit
because I didn't trust them," Ryan says.
"They threatened to throw me back on the street and
tell certain people that I said this and that. Because I had been gone for a
certain amount of time (on the country trip), maybe people would have believed
it. I was only seventeen and confused. I didn't know what was going on. In the
end I got to meet John Noonan.
He said to me, 'Listen, what you're telling us is bullshit. Some of it's true
and some of it's not.' He said them other police were not having anymore
dealings with me. It was just him and me from there on."
Ryan speaks highly of
Noonan
saying he slowly grew to trust him and eventually told him the truth.
"I was still hesitant and told him a couple of
lies at first," Ryan claims.
"He kept coming back to me and saying, 'This
just doesn't gel.' I got to trust him and eventually told him the truth."
Ryan
gave Noonan up to half a dozen accounts of the events on the night of the double
shooting, including re-enactments at the death scene.
Noonan
told Paul Anderson, a journalist with the Herald Sun,
he understood Ryan's reasons for telling several different versions before he
settled on his final statement.
"By
telling five or six stories meant he was a liar at first, but you have to
understand he didn't trust police," Noonan said.
"He
trusted the police no more than he trusted his family and their criminal
associates. Police used to actively assist Dennis in his activities and Jason
was privy to that. He was worried his information would get back to the family
and there were times when he gave us false information purely and simply to see
what was going to happen to it."
In
earlier versions Ryan even placed himself in Walsh
Street, saying he broke into the Commodore which was used as 'bait'.
Having
admitted to aiding and abetting in the shootings, he was the first to be charged
over the murders.
Ryan arrived back in Melbourne after his four-day
trip, and gave a litany of lies and false interviews to
Det Noonan.
On
the last day of October - Melbourne cup Day eve - a Supreme Court judge acting
after hours bailed him into the care of his police minders.
On
the same day Ryan gave a statement implicating friend Anthony
Farrell and another friend, Emmanuel Alexandris, in the killings.
Farrell
and Ryan had first met in their early teens and developed a strong bond.
But
it was a bond destined to end with the two hating each other with a passion.
"My
mum went out with Dennis Allen for a few years so I met Jason like that,"
Farrell told Pul Anderson during an interview at a South Melbourne hotel in
1998.
Ryan would
finally implicate five men he claimed set off with shotguns for Walsh
Street in the early morning of October 12.
He
listed the party of killers as being Victor
Peirce, Jedd Houghton, Trevor
Pettingill, Peter McKevoy and Anthony Farrell.
Farrell was charged with murder the following day.
"On Melbourne Cup Day I rang me
mum and she said, 'Look, the coppers have just been here and taken some of your
clothes," Farrell said.
"I
had newspaper clippings over Graeme (Jensen) and they took them too. I rang St
Kilda Road and Noonan got on the phone and I asked, 'What's going on?' He said,
'We want to see you again and show you some photographs.'"
The
two met on neutral ground in Clarendon street, South Melbourne.
Farrell
said Noonan told him it would not look good being seen speaking openly with
police, so he hopped into the detective's unmarked car.
Instead
of showing him photos, Noonan drove Farrell back to the Homicide office.
Farrell
he said the TyEyre taskforce detectives were bluffing him as, after interviewing
him, they drove him to the watchhouse where he would be charged and remanded in
custody.
Farrell sat in jail
on remand for two and a half years before he came to trial.
Detectives
saw Farrell, 20 at the time of his arrest, as the weak link in the chain.
If
they could break him and get a confession, they believed they would be well on
their way to exacting justice.
Two
weeks after Farrell was arrested, Jedd Houghton
was shot dead by police at a Bendigo caravan park.
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.)
Ryan
had actually implicated his uncle Trevor near the end of 1988 - about eighteen
months before he would be eventually charged. A couple of weeks after being
implicated, Pettingill was kidnapped by a gang of masked men who told him to
"tell the police the truth about Walsh Street".
His
attackers stabbed him in the back and buttocks and sledge hammered his knees,
hands and ankles. The Clan claimed the assailants were police, a claim
investigated by the Internal Investigations Department and never substantiated.
The
masked gang claimed they were fellow criminals wanting an end to the TyEyre
investigation, as "the jacks" were cracking down hard on the
underworld in an effort to gather evidence. More than a hundred police raids had
turned the criminal world upside-down.
As
Ryan worked towards his final statement, he agreed to testify and the charges
against him were dropped. He was granted indemnity from any further prosecution.
Wendy Peirce, among others, also agreed to act as a prosecution witness. It
appeared Ryan would not have to stand alone against his family and friends.
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.
The defence lawyers
laid assault on Ryan's credibility. David Ross, QC, for Farrell, painted the
picture of Ryan's upbringing to question his honesty and veracity of his
evidence.
During
cross-examination ,Ryan denied he had been a "messenger" for Uncle
Dennis but agreed he knew of several murders his uncle had committed. Ross put
to Ryan that he handed Dennis a loaded pistol that was then "emptied into
the head of Wayne Stanhope". Ryan refused to answer the question for fear
of incriminating himself. Ross the alleged that on Dennis Allen's birthday in
1985 the drug kingpin killed Anton Kenny.
In
his final submission, Ross described Ryan as a cunning "little street-wise
urchin". "The lies he tells about Anthony Farrell and others are indiscriminate
and without reason," he told the court. "We (the entire defence panel)
suggest to your worship that you have never come such a lying person as Jason
Ryan."
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.
Ryan
later moved interstate and reverted to a life of crime.
The ongoing battle with heroin won
the day, and, from his own admissions, he was soon committing burglaries and
robberies.
Kathy
Pettingill says she has now
forgiven him.
In October 1998 Ryan contacted
Paul Anderson.
Anderson flew interstate to meet
Ryan the following month and he desperately wanted to tell his story with the
provisos being no photographs or revelations of the state in which he was
residing.
The pair met at a seaside hotel and
Anderson described Ryan's appearance as being clean-cut with a thin-frame and
aqua blue eyes but sinewy and hungry-looking.
Ryan was also described as being
extremely paranoid and he suggested to Anderson they go somewhere else because
"the walls have ears."
It was just after the tenth anniversary of the
Walsh Street shootings and Ryan said that the pressure of being in the witness
box during the subsequent trial became unbearable but he said he persevered
because "those two policemen (Tynan and Eyre) had nothing to do with
Jensen's death".
Ryan told Anderson he was still in fear of being
"knocked".
He was dealing with a serious
heroin problem and had just been charged with firearm offences.
"When I moved to a different
state, I had no one. All I had was a girlfriend and she didn't understand. I
rang John (Noonan) and told him I was having a hard time. He ended up coming
here and taking a gun off me because I was going to kill meself. Maybe I harp on
John, but who else have I got to go to? Who else spent three years of their life
just on the Walsh Street case? He's the only person who understands these things
because he's been here all the time."
Ryan, then 27 and working as a labourer, said he
was stripped of his false identity after being convicted over a $35,000
interstate theft in 1995.
"I was brought up in an environment where I
only knew one way to get money," he said. "I had one kid at that time
and there was no work and I needed the money."
But other sources said Ryan lost his false
identity because he decided to use another name not issued to him as part of the
witness relocation program.
Ryan said fear forced him to stay on the run
across the country while separated from de facto wives and two children.
"I'm just trying to get on with my life and
get it together with very little help from the PSG (protective services
group)," he said.
"(One of my uncles) gets out of prison next
year. He's passed on a message that he would come after me. The PSG said if it
happens, I'd have to ring my local police. I think that's a bit unfair."
Ryan said he had tried to stay clean, but had run
foul of the law in the past few years. He blamed his fear of being killed and a
troubled childhood for the indiscretions.
"I've been done for possession of firearms,
and I told the police they're only there for my own protection," he said.
"Even though (members of my family) are
getting on in their days, their money is good to give to other people to come
and get me.
"I can't even stay in the same house for six
months at a time. I'm on the move all the time and trying to hold down two jobs.
"My lifestyle has caused me to break up with
two women. I have one child to each of them but I can't even see them because
everyone's too scared."
In a candid interview, the politely spoken Ryan
reflected on his upbringing and the ripple effect it has had on his life.
"It was far from the perfect upbringing but
Dennis was like my dad," Ryan said.
"When I lost him, I lost everything. He used
to look after me like his own kid. I can't help the way I've been taught."
Speaking for the first time in eight years, Ryan
said he offered information about Walsh St because police threatened to charge
him in relation to the Stanhope, Wagnegg and Kenny murders.
That decision to become an informer has left him
an outsider with no family and few friends he can trust.
Some of his uncles have asked him to return home,
but he is sceptical of their motives.
Ryan said more than anything he would like to see
and speak to his mother, Ms Vicki Brooks, who also gave evidence at the Walsh St
trial.
"I'd love to keep in contact with her,"
he said.
"I am lonely. How would you feel if you lost
your family? I'm even too scared to let people know who I am. All I do is go to
work then come home then go to work again. I'm just trying to live."
On May 17, 1999, the Herald Sun reported that
Ryan had been serving weekend jail time after a series of interstate crimes.
It was believed Ryan had overdosed on heroin at
least once that year.
Speaking exclusively to the Herald Sun, close
friends said they had not heard from him for several weeks and feared for his
safety.
Ryan's apparent fall back into the criminal world
came after he vowed to live a happy and peaceful life "away from the old
days" during an exclusive interview with the Herald Sun late in 1998.
According to a close friend of Ryan, it was mid-1998
when warrants were issued for his arrest over a series of charges for which he
was convicted after failing to appear in court.
Police arrested him in December 1998 for driving
an unregistered car and he was remanded on the outstanding warrants.
Ryan was sentenced to several months weekend
detention at a low-security jail, and after arming himself with a knife during a
suburban incident, was sentenced to another three months of weekend jail time.
The friend, who did not want to be named, said
she believed Ryan was on a path of self-destruction.
"It's all gone downhill for him now. It's
such a shame because he can be a great bloke," the friend said.
"He had a good job for a while but he's lost
that now.
"No matter how hard he tried to go on the
straight and narrow, his past was ready to jump down his throat as soon as he
began to integrate into society.
"I'm worried."
On August 5, 2006, Ryan was
released from a South Australian prison.
At 3am on August 21, 2006, Ryan
was thrown off an Adelaide-Melbourne bus at Stawell for bad behaviour.
Two hours later he was caught
trying to break into a car on the Western Highway, and threatened a woman with a
screwdriver when she tried to intervene.
On August 22, 2006, Ryan, 35,
faced Horsham Magistrates' Court and was convicted of assaults with a weapon,
attempting to commit a serious offence, theft and criminal damage and was jailed
for four months.
Ryan, who now goes by the
name Jason Brooks, intended to appeal in the County Court.