SUBMISSION Directed to : QLD Attorney General for Consideration and Response Royal Commission Case Study 34 : Request for Coroner’s Inquest Point of Law Contesting Material Fact (Death of Kevin Lynch) 1. In reference to victim submission dated 4 December 2016, in Royal Commission Case Study 34 requesting a Coroner’s inquest into the death of the sexual predator Kevin Lynch, a generic response dated Thursday 8 December 2016 has been received from Philip Reed as CEO of the Royal Commission. 2. Copy of generic response 8 December 2016 from CEO of Royal Commission Mr Philip Reed, reads as follows : Dear Sir/Madam, Thank you for copying the Royal Commission into Institutional Responses to Child Sexual Abuse on your email of 5 December 2016. Your email and attached documents have been passed to the Royal Commission’s Case Study 34 (Brisbane Grammar and St Paul’s School) public hearing team. At this time, the Royal Commission is unable to provide a likely timeframe for the release of the Report of Case Study 34. Once published, the report will be made available on the Royal Commission website at www.childabuseroyalcommission.gov.au/case-study/72ff8f10-03ac-483e-b0a3-68ddd586464d/case-study-34,-november-2015,-brisbane If you would like to provide further information to the Royal Commission, you can write to us via email at this address or by post to GPO Box 5283, Sydney NSW 2001. Alternatively, you can call the Royal Commission on 1800 099 340 (toll free unless calling from a mobile or payphone) between 8:00am and 8:00pm AEDT, Monday to Friday. The Royal Commission is conscious that, for many people, coming forward and providing information is very difficult. If you need support you can call us on the number above and speak directly with an experienced counsellor who can help. There is also a range of national and state‑based organisations that provide counselling and other assistance to victims of abuse and their families. Some of these are listed on our website at www.childabuseroyalcommission.gov.au/support Thank you again for your email. Yours sincerely, Philip Reed Chief Executive Officer GPO Box 5283 Sydney NSW 2001 Australia www.childabuseroyalcommission.gov.au 3. As highlighted in submission dated 4 December 2016, the Qld Attorney General pursuant to Part 3 Division 3 Section 27 (1) (b) of the Coroners Act 2003 has the authority to authorize a Coroner’s Inquest into the death of Kevin Lynch. It is not clear if in fact the Australian Attorney General has specifically prescribed regulations pursuant to the amended Royal Commissions Act 1902, Part 5 Section 17, as might be needed to enable the Royal Commission to Act in accordance with the Queensland Coroners Act 2003. Clarification is therefore needed from the Royal Commission on this point. If no regulations have in fact been issued by the Australian Attorney General, the Queensland Attorney General is the only authority who could under such circumstances execute the Submission request to hold a Coroner’s Inquest into the death of Kevin Lynch pursuant to the Coroner’s Act 2003. 4. For ease of reference, Mr Philip Reed may like to clarify if any such regulations enabling the Royal Commission to act on this matter other than the Qld Attorney General have in fact be initiated by the Australian Attorney General. 5. From the tone of response from Philip Reed, as CEO of the Royal Commission, dated 8 December 2016, it would appear, that the Commission is not prepared to even accept the legal Point of Law issue and clarification that is being sought and that the submission raises. 6. Many victims, their immediate family and relatives in Case Study 34 and there are well in excess of 100 direct victims will certainly feel that there is a “High level Cover-up,” of material information not privy to survivors, if the Royal Commission are not supportive of a Coroner’s Inquest into the death of the sexual perpetrator Kevin Lynch. The very fact that there has not been a Coroner’s Inquest in the death of the sexual predator Kevin Lynch, speaks volumes in the minds of survivors. It is certainly hoped that fears of a “High Level Cover-up” is most definitely not the case, but it certainly is likely to resonate with the voting public should those in a position of authority not grant the request for a Coroner’s Inquest. 7. Included in the Submission is for the Royal Commission to now suspend the publication of a Final Report into Case Study 34 until the Coroner’s Inquest Report into the death of the sexual perpetrator Kevin Lynch has been tendered as evidence. Victims will certainly continue in the endeavour of raising the public profile of this horrific Case, as the majority of victims in Queensland are wholly dissatisfied with the conduct of Royal Commission Case Study 34 thus far. The acceptance of the need to now hold a Coroner’s Inquest into the death of Kevin Lynch may in fact help in curtailing the current heightened anxiety of the appearance of a “High Level Cover-up.” 8. Notwithstanding Royal Commissions Act 1902, as so amended pursuant to Part 5 Section 7AA in respect to the Commission’s concurrent functions and powers under State laws, if it is found that the Australian Attorney General has not made regulations enabling the Royal Commission to act in accordance with the Coroner’s Act 2003, it is respectfully requested that the Queensland State Attorney General directly respond to the request for a Coroner’s Inquest into the death of Kevin Lynch contained in Summary Request A. of Submission dated 4 December 2016. The response should obviously articulate clearly any reasons for refusing such a request. It is trusted that conclusions drawn in a response from the Queensland Attorney General would concur that it would be unlawful to refuse the submitted request to hold a Coroner’s Inquest into Kevin Lynch Summary Request A. 9. In respect to Summary Request B. and Summary Request C. contained in Submission dated 4 December 2016, a response from the Queensland Attorney General is also sought. It is accepted the issues are possibly more complex in concluding and agreeing to hold a Coroner’s Inquest in those related matters. Nevertheless it is submitted that the requests in relation to multiple related deaths connected to the sexual predator Kevin Lynch would satisfy the prescribed substance of holding a Coroner’s Inquest pursuant to the Coroners Act 2003. 10. It is accepted that a response this side of the Christmas and New Year period of 2016 may not be possible. However it is respectfully requested that a response from the Queensland Attorney General be forthcoming in the early weeks of January 2017 and look forward to receiving such a response. Submission Statement made this day Monday the twelfth 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 12/12/2016 Lynch Victim Contact : lynchvictim@gmail.com