SUBMISSION : Royal Commission Case Study 34 Point of Law Contesting Material Fact 1.Submission to the Queensland Attorney General to consider and agree to hold an Inquest into the death of Kevin Lynch, pursuant to the Coroners Act 2003 in order to determine and Contest Point of Law of Material Fact. That is to contest the uncontested conclusion of Mr David Lloyd Counsel Assisting the Royal Commission of death of Kevin Lynch by suicide in Royal Commission Case Study 34. Summary Request A. 2. Victims in Royal Commission Case Study 34 summarily and respectfully request that the Queensland Attorney General, the Honourable Yvette D’Ath, pursuant to the powers of the Coroner’s Act 2003, immediately instruct the Queensland State Coroner to conduct an Inquest into the death of the sexual perpetrator Kevin Lynch. 3. It would be wholly remiss and an error in law, if Commissioners in Royal Commission Case Study 34 accept Mr David Lloyd’s Submission as Counsel Assisting the Commission in its entirety including the documented claim of an Uncontested material fact of the death of Kevin Lynch being that of suicide. No such conclusions of material fact can yet be drawn of death by suicide of the sexual perpetrator Kevin Lynch, by Mr David Lloyd. The Queensland State Coroner has never held an Inquest into the death of Kevin Lynch and has never released such a legal determination of death by suicide. It is a mere conjecture by Mr Lloyd to conclude that the death of Kevin Lynch was by suicide without the evidence to draw such a conclusion. 4. Mr David Lloyd has not cited any evidence as to why he has made a definitive conclusion of suicide by the sexual perpetrator Kevin Lynch and claims it to be fact. Furthermore no evidence has ever been tendered before the Royal Commission Case Study 34 in order for Mr Lloyd to draw a definitive and what can only be described as an erroneous conclusion of death by suicide. That is apart from speculative “Hearsay,” from most witnesses called to testify in Case Study 34 who thought Kevin Lynch committed suicide. But that is only mere speculative “Hearsay,” and is not evidentiary fact of the case in question, as the law prescribes it to be so. Therefore it would be impossible now for the Royal Commission to produce a Final Report and draw any final conclusions in Case Study 34, until such time as the Queensland Coroner has in fact determined and submitted a Coroner’s Inquest Report in support of whatever conclusions are finally drawn. The Coroner’s Report would need to be tendered as evidence in Case Study 34 for any final conclusions to be accepted and final report drafted by the Royal Commission in any event. 5. In order to establish a verdict of suicide, the State Coroner has to be satisfied “Beyond reasonable doubt.” It is not for Mr Lloyd to presuppose what the Queensland State Coroner may eventually conclude. 6. Accompanying this Submission is evidence in support of this Submission by way of “Form 5,” of the Queensland Corners Report into the death of Kevin Lynch dated 30 April 1997 as prepared by Corner GM Casey SM on 30 April 1997. 7. Under such circumstances the Queensland Attorney General can only but now instruct the Queensland State Coroner to immediately instigate an Inquest into the death of Kevin Lynch, pursuant to Part 3 Division 3 Section 27 (1) (b) of the Coroners Act 2003. The coroner investigating a death must hold an inquest if the Attorney-General directs the State Coroner to Summary Request B. 8. Pursuant to Part 3 Division 2 Section 33(a) of the Coroners Act 2003, it is summarily requested that the multiple deaths of the named individuals as follows : (Greg Masters, Kevin Guy and Clarence Osborne) be included in a Coronial Inquest to be held concurrently with that of the request to hold an Inquest into the death of Kevin Lynch as per Summary Request A. It is alleged that the three named individuals alleged to have committed suicide in similar circumstances either soon after being arrested, charged or prosecuted and or soon after an allegation was made that the named individuals committed a sexual act on a minor. The Act prescribes : Inquest into multiple deaths The State Coroner may investigate, or direct a coroner to investigate, at an inquest— (a) a number of deaths that happened at different times and places, but which appear to have happened in similar circumstances; 9. Under the Coroners Act 2003, it would be the Coroners duty under the overarching objectives prescribed under the act Part 1 Section 3 for the Coroner to consider holding an inquest into multiple deaths to help protect the public and prevent future deaths from occurring. Summary Request C. 10. Pursuant to Part 3 Division 2 Section 33(a) of the Coroners Act 2003, it is summarily requested that the Coroner investigate suspicious deaths of at least 9 individuals who shall remain nameless at this stage who victims allege are possibly directly connected to the horrific actions of Kevin Lynch as a sexual predator. There are likely to be further names of suspicious deaths of former students who came into contact with Kevin Lynch while attending Brisbane Grammar School and have sadly died. 11. It is alleged that Kevin Lynch was what can only be described as a serial killer who infected the minds of multiple victims that consequentially triggered early deaths of so many he came into contact. The Queensland Coroner can only but fully investigate to determine if such an allegation is in fact true, by reviewing all suspicious deaths connected to Kevin Lynch. Burden of Proof of Suicide 12. In law there is a presumption against suicide and this has been well established and typically accepted. Attention should be drawn to the burden of Proof of suicide and the Queensland State Coroner’s Guidelines 2013 Chapter 8 Findings Para 8.9 Dr Freckleton concludes: What can be said from this brief review of the law on the subject is that a finding of suicide can only properly be made if a coroner (in Australia) concludes on the basis of evidence both that the deceased intended to engage in the act that caused their death and intended to die as a result. If they were seriously psychiatrically unwell at the time - in the old-fashioned terminology, that the balance of their mind was disturbed - they should be regarded as incapable of forming the necessary intent and therefore a finding of suicide should not be made. The contemporary operation and effect in the coronial context of the presumption against a finding of suicide is somewhat unclear but serves to emphasise that a finding of suicide can only be arrived at where there is clear evidence; in its absence, a finding of accident or an open verdict is the proper outcome. Coroner Responsibility Under the Act 13. The Queensland Attorney General should be cordially reminded of the overarching objectives of the State Coroner under the Corners Act 2003 Part 1 Section 3 3 Object of Act The object of this Act is to— (a) establish the position of the State Coroner; and (b) require the reporting of particular deaths; and (c) establish the procedures for investigations, including by holding inquests, by coroners into particular deaths; and (d) help to prevent deaths from similar causes happening in the future by allowing coroners at inquests to comment on matters connected with deaths, including matters related to— (i) public health or safety; or (ii) the administration of justice; and (e) establish the Domestic and Family Violence Death Review and Advisory Board to review deaths related to domestic and family violence to prevent or reduce the likelihood of those deaths. Case Background Summary Request A 14. The Queensland Attorney General should be well aware of tendered evidence and submissions in Royal Commission Case Study 34 and therefore there is little need to recite the details of this case other than identifying the death of Kevin Lynch as alleged to be suicide as Submitted by Mr David Lloyd. Kevin Lynch is the central perpetrator in Case Study 34 who sexually assaulted well over 100 young boys attending Brisbane Grammar School and St Pauls, between the decades of 1970s, 1980s and 1990’s. 15. In the 1 December 2016 released Submission in Case Study 34 produced by Mr David Lloyd, documents identified as SUBM.0034.001.0001 - SUBM.0034.001.0141 dated 5 February 2016 he states : Part 3: Uncontested relevant facts – Brisbane Grammar’s response to complaints about Kevin Lynch SUBM.0034.001.0020 Par 44 : At the outset of this section, it should be noted that there are few uncontested facts in relation to Brisbane Grammar’s response to complaints about Mr Lynch. This may be explained by the fact that two of the people central to these matters had died before the case study - Mr Lynch committed suicide before any charges against him were heard and Dr Howell died in 2011 16. Mr Lloyd goes on further in Paragraph 148 SUBM.0034.001.0057 Part 7: Uncontested relevant facts – institutional response to complaints about Kevin Lynch Para 148 : The following day Mr Lynch committed suicide. 17. Mr Lloyd does not directly reference any evidence in his submission to the Commission dated 5 February 2016, as to why he would specifically conclude the death of Kevin Lynch was by suicide. Nor was any Coroners Report submitted as evidence in Case Study 34 specifically concluding the death of Kevin Lynch was by suicide. Under such circumstances it would be an error in law for the Commission to accept the Submissions in their entirety in Case Study 34. That is until such time as the Queensland Coroner has held an Inquest into the death of Kevin Lynch and the Coroner has reported those findings and the Royal Commission has accepted those findings as evidence in Case Study 34. 18. It is submitted to the Queensland Attorney General that the Queensland State Coroner issued no such determination of suicide in the death of Kevin Lynch or otherwise, other than death by “Carbon Monoxide Poisoning.” This is confirmed in the accompanying Coroners Report issued by the State Coroner, G M Casey SM on the 30 April 1997. It should be noted that the Coroner’s Report and conclusion at the time of reporting specifically states as follows : That No Good purpose will be served by the holding of an inquest for the following reason Police Report revealed No suspicious circumstances Recommended to and for the decision of the Director General Department of Justice that the holding of an inquest is unnecessary Forwarded herewith are : 1. Post Mortem Certificate 2. Post Mortem Examination Report Which shows the cause of death to be 1 A Carbon Monoxide Poisoning Due to or a consequence of B. Due to or a consequence of C 19. It is submitted to the Queensland Attorney General that : had officers from Queensland Police Service at the time of advising the Coroner in early 1997 had adequately informed the Coroner, that is by way of a more detailed report, rather than simply attaching the submitted Charge Sheet with the presumption of suicide as the cause of death, the Queensland Coroner may very well have ordered a Coroners Inquest pursuant to the relevant Act at the time. The unfortunate fact remains that the Coroner didn’t order an inquest into the death of Kevin Lynch. Given the nature of the Royal Commission, it would now be imperative for that Inquest to so be ordered by the Queensland Attorney General. 20. Given the rather scathing Submission by Mr David Lloyd dated 5 February 2016, summarily citing the poor leadership and governance of Brisbane Grammar School unnecessarily resulted in significant numbers of former students being sexually assaulted, victims of the School are rather perplexed as to why the Queensland Minister for Education the Honourable Kate Jones agree to extend the Grammar School Board of Trustees tenure term to 15 June 2020, prior to the formal publication of Mr Lloyd’s findings. This is particularly troubling given the allegations of sexual misconduct against the former teacher Greg Masters prior to his own sudden and recent death. It does not give any confidence in the School’s leadership and Board of Governors to in fact implemented policies designed to protect and safe-guard students still attending Brisbane Grammar School. 21. Victims of Kevin Lynch reiterate our specific request for all Trustees of Brisbane Grammar School be now removed pursuant to powers available to the Minister for Education under the Grammar School Act 1975 and that Administrators by appointed to the School. It would be appropriate under such circumstances for good future governance of the School for Administrators to be appointed prior to a Coronial Inquest, as it is likely to necessitate current serving Trustees and senior leadership of the School to be called by the coroner in such an Inquest. Life Insurance Consideration 22. The institutions of the named Schools of Brisbane Grammar School Board of Trustees and the Anglican Diocese of Brisbane acting for St Pauls School face significant potential liabilities likely to be many multi million dollars in future quantum damages settlements, as a direct consequence of the actions of Kevin Lynch and the recent legislative changes to the Limitations Act. It has not, to the knowledge of victims yet been established by the Royal Commission if the deceased, Kevin Lynch held any Life Insurance policies. While any such policy may not be significant in of itself, a future determination by the Queensland State Corner of a verdict other than suicide may at least help release some funds if there are such policy is in existence from the deceased estate. Proceeds if there are eventually any could go towards and make a contribution to adequately recompensing victims of Kevin Lynch for their quantum losses. Public Health Risk 23. Via evidence submitted to the Royal Commission, it is now known that the sexual perpetrator Kevin Lynch was concerned in the final months of his life that he had contracted HIV AIDS. The evidence submitted in Case Study 34 suggests that Kevin Lynch was attending a medical clinic for an anal swab in the last few months of his life. This was a significant Public Health risk, given the fact that Kevin Lynch was still a teacher at St Pauls up until his death and it would appear from testimony was a sexual predator who continued to abuse young boys right up until his death. 24. Better understanding the health risks posed by sexually transmitted diseases by serial sex abusers is a pertinent issue than needs further exploration and investigation. The Coroner could act as a catalyst for such future research. 25. The holding of a Coroner’s Inquest into the death of Kevin Lynch is likely to better inform the Queensland Minister for Health and the Minister for Police. Therefore future improved reporting may actually be developed when there is a significant public health risk from sexual predators. Improved guidance to Schools and health authorities is also likely to flow. Clinical Guidance Outcomes 26. Early preventative measures reducing the risk of prolonged mental health problems may well be aided by the holding of a Coronial Inquest into multiple deaths of the named sexual predators and those who may have tragically lost their lives. A significantly high proportion of victims do not disclose early enough that they have been sexually abused. Poor mental health and associated problems including suicide are one of the major consequences of sexual abuse. The longer term drain on the public purse, if preventative measures are not introduced are likely to run into the $100’s of millions across the country. That is in view of the much wider prevalence of sexual abuse that has been uncovered by the holding of a Royal Commission. 27. The development of early warning markers as preventative measures would be a positive outcome, potentially reducing the long term burden of the costs associated with sexual abuse. The holding of a Coronial Inquest may for example inform and aid in the improvement of Clinical guidance for GP’s and health professionals. It is suggested that a data base for clinicians to access enabling the identifications of institutions and years where a sexual predator worked without a patient formally being asked directly if they had been sexually assaulted, may help a Clinician make an informed decision in respect to the treatment pathway. Positive outcomes would improving long term health care both saving and improve lives. Queensland Suicide Register 28. At the time of the death of Greg Masters in October 2015, a known victim of Kevin Lynch was in direct contact with the Australian Institute for Suicide Research at Griffith University who currently hold the Queensland Suicide Register. The point of contact with the Institute was a request for the Queensland Suicide register to submit to the Royal Commission in Case Study 34, the numbers of victims the suicide register holds on its data base since their records began who attended Brisbane Grammar School. It is alleged there are many multiple victims who attended Brisbane Grammar School and are known by victims of Kevin Lynch to have committed suicide. It was found from the contact with the Queensland Suicide Register, that the data capture methodology for victims of suicide does not extend to capturing the Institutions a victim came into contact throughout their life. This is just one example of such benefits that may flow and be uncovered by holding a Coronial Inquest, as improved reporting methodology could stem directly from such an Inquest. 29.It is suggested that former students attending Brisbane Grammar School and in particular because of the extreme authoritarian culture of the School, as described by Mr Lloyd in his recent Submission and the manipulative nature of Kevin Lynch those former students are more at risk of suicide, than the general population. This hypothesis should be put to the test by the Queensland State Coroner prior to the Royal Commission issuing any final report. Such evidence should been tendered to the Royal Commission, in order to establish a more definitive link between the severity and the extent of the sexual crimes of the perpetrator Kevin Lynch. Court Legal Determination of Quantum 30. Future legal action that may well flow from Royal Commission Case study 34 will concern determining quantum settlements for victims of sexual abuse in this horrific case study. For the Courts to improve the determination of victims of sexual abuse who may tend towards significantly longer term mental health problems that have a high propensity towards suicide, it would aid the Courts by holding a Coronial Inquest. The Courts could therefore better understood the severity of the actions of Kevin Lynch and how it relates to other suicide populations identified by the Queensland Suicide Register as at high risk. Some form of benchmarking may therefore be established to aid in future quantum determinations in other cases. 31. In comparison to many workplace settlements of sexual harassment cases, victims of child sexual abuse are not being adequately recompensed. The published Royal Commission Redress Scheme while perhaps a start, significantly undervalues the long term impacts of child sexual abuse in comparison to peer groups who may have enjoyed prosperous lives with regular and steady income. The holding of a Coronial Inquest will therefore help better inform the Courts of the real and longer term pervasive quantum financial impacts of childhood sexual abuse. Case Background Multiple Deaths Summary Request B 32. The death of Greg Masters occurred at the very same school of Brisbane Grammar School, at the centre of Case Study 34. The death occurred soon after the announcement of the public hearing into Case Study 34 on 25 September 2015, when allegations against the deceased Greg Masters of sexual misconduct where publicly aired. Greg Masters attended St Pauls as a student at the time another sexual predator Greg Knight in Case Study sexually assaulted former students. While it is not to say one way or the other in respect to the deceased Greg Masters, but unfortunately the literature is clear that a significantly high proportion of those who have been sexually assaulted become future sexual abusers. Understanding how this cycle could be broke should be at the forefront of the mind of the Queensland Attorney General in accepted and authorising such a request for the Coroner to conduct an investigation into multiple deaths of those who have been accused of sexually assaulting surviving victims. 33. It would be remiss and a failure of the Royal Commission’s terms of reference, if the Royal Commission did not to include and record as part of Case Study 34, the details and Coroner’s verdict surrounding the death of Greg Masters in the final report into Case Study 34. The death of Greg Masters occurred under the watchful eye of the Royal Commission, at the very same Institution of Brisbane Grammar School subject to Mr Lloyd citing the inadequacy of the governance of senior leadership to effectively manage the School. 34. The details of allegations and death surrounding the sexual perpetrator Kevin Guy is mentioned together with Kevin Lynch in the Brisbane Anglican Diocese own 2003 report. REPORT OF THE BOARD OF INQUIRY INTO PAST HANDLING OF COMPLAINTS OF SEXUAL ABUSE IN THE ANGLICAN CHURCH DIOCESE OF BRISBANE MAY 2003. It would therefore be wholly appropriate and well within the Royal Commissions terms of reference for the Queensland State Coroner to hold an Inquest into the death of Kevin Guy and for this to be reported as an addendum to Case Study 34 for completeness of the Case File of Case Study 34. 35. It is alleged that the sexual perpetrator Clarence Osborne was given access to young boys attending the school known as Churchie (Church of England Grammar School) via a teacher at the School. Again this School is under the authority of the Anglican Diocese of Brisbane and has so far not been subject to any form of requirement to produce information as part of the Royal Commission Inquiry. This is despite at least 7 former teachers at the School being convicted of a sexual offence against pupils attending the School. 36. The Anglican Diocese of Brisbane is implicated as the Institutional authority connected to and having overarching responsibility for health, well-being and safe-guarding of all young people in their care and therefore the sudden deaths of the four named perpetrators : (Kevin Lynch, Greg Masters, Kevin Guy and Clarence Osborne) connected to this Institution should be investigated by the Queensland State Coroner pursuant to the objectives governed by the Coroners Act 2003. A failure to investigate could be deemed to be a breach of the Act and a breach of the responsibility bestowed on the Coroner via the Act. Summary Request C 37. The actions of the sexual predator Kevin Lynch has impacted the lives of many people. There are at least 9 unnamed individuals who’s lives are likely to have been cut short. The Coroner is likely to connect other named individuals who died as a direct result of Kevin Lynch, if the Coroner were to investigate such a line of inquiry. Kevin Lynch can only be described as a Serial Killer, as his actions are likely to have been a contributing factor in the early deaths of many who came into contact with him. 38. Pursuant to Part 3 Division 2 Section 33(a) of the Coroners Act 2003, it is summarily requested that the Coroner investigate suspicious deaths of individuals who are likely to have come into contact with Kevin Lynch and who either committed suicide or died in suspicious circumstances. Royal Commission Case Study Management 39. Victims of Kevin Lynch in Royal Commission Case Study 34 do not want to be overly critical of the case management handling by the Commission. However it should be disclosed and on the public record that significant numbers of victims of Kevin Lynch were not advised by the respective schools, Brisbane Grammar School and St Pauls of the prospect of a public hearing by the Royal Commission. That is until a generic media release circulated on the 25 September 2015 and this was only weeks prior to the public hearings held in November 2015. This is contrary to at least what Mr Howard Stack as Chair of Brisbane Grammar School has previously claimed about keeping victims well informed. It is understood the respective schools received a notice to disclose on the 12 March 2015 and therefore had a period of well over 18 months to prepare for a future hearing. This is an issue the Queensland Minister for Education may seek to clarify with Mr Howard Stack as current Chair of the Board of Brisbane Grammar Trustees. Victims refute being kept well informed by Brisbane Grammar School. 40. Had a number of victims who have not been at all privy to the current Royal Commission proceedings, but have a vested interest as victims of Kevin Lynch and therefore the final outcome of the Royal Commission had the opportunity to review Submissions made by Mr Lloyd to the Royal Commission, much sooner than the 1 December 2016 release date, a submission to the Queensland Attorney General seeking a Coroner’s Inquest could have been executed much sooner. It should be pointed out to the Queensland Attorney General that one would have expected the Royal Commission, as part of their own due diligence to have spotted this significant error of law by Mr Lloyd and to have rectified it with the Royal Commission’s own request for the Queensland Attorney General to action a Coroner’s Inquest into the death of Kevin Lynch and others as so agreed. 41. The clarification of a Point of Law, particularly the fact the evidence relates to a Royal Commission in respect to the death of Kevin Lynch’s as a central figure in the Case Study is a pertinent point than needs clarification to avoid any future legal dispute arising from unsatisfactory evidence being considered as Fact in Case Study 34. Submission Summary 42. The Queensland Attorney General accepts Summary Request A. and immediately instructs the Queensland State Coroner to investigate, determine and report findings of the death of Kevin Lynch as being suicide or otherwise as may eventually be found by the State Coroner. 43. The Royal Commission accepts that speculative “Hearsay” in respect to the profligate presumption by Mr Lloyd, that Kevin Lynch died by suicide does not lawfully stand up to the needed test of evidence in such a high profile Royal Commission Case Study 34. Such erroneous statements that have become fact have clouded Mr David Lloyds better judgment, as he concludes in his submission that it is uncontested fact that Kevin Lynch died by suicide, when it is merely a conjecture not substantiated by factual evidence in Case Study 34. 44. The Royal Commission do not object to the Queensland Attorney General immediately instructing the Queensland State Coroner’s to conduct an Inquest into the death of Kevin Lynch. 45. The Queensland Attorney General accepts Summary Request B. and immediately instructs the Queensland State Coroner to investigate, determine and report findings of the death of Greg Masters, Kevin Guy and Clarence Osborne concurrently with an Inquest into Kevin Lynch. 46. The findings of the Queensland Coroner’s Inquest and investigation into the deaths of Greg Masters, Kevin Guy and Clarence Osborne, if so agreed be tabled and included as addendum evidence in Royal Commission Case Study 34. 47. The Queensland Attorney General accepts Summary Request C. and immediately instructs the Queensland State Coroner to investigate suspicious deaths of individuals who may have died by suicide or suspiciously as a direct result of contact with the sexual perpetrator Kevin Lynch. The results and conclusions drawn by the State Coroner be included as evidence in Case Study 34 and be accepted into evidence by the Royal Commission. 48. The Royal Commission now make every effort to work collaboratively with all victims in Case Study 34 and not simply those witnesses initially selected to give evidence. Other victims not called by the Royal Commission have evidence that may well have added significantly to the direction of Case Study 34, if they had been allowed to give that evidence and or had been directly involved in the Case Study 34 itself. 49. The Royal Commission accepts the need to immediately suspend the drafting of any final report by the Commission in Case Study 34. The Royal Commission accept the need to now agree and table a future hearing in Case Study 34 to amend accordingly future tendered evidence and testimony in Case Study 34 pending a report of findings by the Queensland State Coroner. 50. To minimize the anxieties and distress to victims of Kevin Lynch that might be caused by such a fatal error in the management of this Case Study 34, the Queensland Attorney General immediately write to the current Australian Attorney General Senator George Brandis advising of the need to instruct the Queensland Coroner to conduct a formal Coroner’s Inquest into the death of the sexual perpetrator Kevin Lynch and possibly others and report those findings to the Royal Commission. In such communication it would be only prudent for the Queensland Attorney General to suggest to the Australian Attorney General that he instruct the Royal Commission to immediately issue a public statement withdrawing the published Submissions in Case Study 34 and accepting the need to now hold a 2nd Public Inquiry in Case Study 34 for new evidence to be tendered and accepted by the Royal Commission. 51. The Queensland Attorney General in communication to the Australian Attorney General suggest that it would only be right for each known victim of Kevin Lynch in Case Study 34 be financially recompensed for the current failings on behalf of the Royal Commission in Case Study 34 that will necessarily and significantly delay the final report into Case Study 34. It would furthermore be prudent for Senator George Brandis to issue a formal public apology on behalf of the Royal Commission for any failings that may have been caused the need for new evidence to be tendered and accepted in Case Study 34. Submission Statement made this day Sunday the Fourth day of December 2016 by Victim of Kevin Lynch acting as litigant in person in Royal Commission Case Study 34. Submission is supported by other known victims in Case Study 34, as per Lynch Victim petition drawn to the attention of the Queensland Attorney General and the Royal Commission. Lynch Victim Contact : lynchvictim@gmail.com