Casefile True Crime - Case 109: Belanglo (Part 4)
Episode Date: April 13, 2019[Part 4 of 5] At 6:36 am on May 22 1994, a team of heavily armed police surrounded the Cinnabar Street home of Ivan Milat and instructed him to exit the house with his arms raised. Dumbfounded, Iva...n responded: “Okie dokie. Just let me put me pants on…” --- Episode narrated by the Anonymous Host Episode researched by the Anonymous Host Episode written by Elsha McGill For all credits and sources please visit casefilepodcast.com/case-109-belanglo-part-4
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At 6.36am on May 22, 1994, police negotiator Detective Wayne Gordon dialed through to the
telephone located inside the home of Ivan Malat.
The early morning call stirred Ivan from his sleep and when he picked up, Detective Gordon
introduced himself and advised Ivan that his Cinnabar Street property was surrounded
by heavily armed officers enacting a search warrant in relation to an armed robbery.
Ivan was instructed to exit the house via the front door, turn left, and then walk through
the front gate with his arms raised.
Dumbfounded, Ivan responded.
Okie dokie, just let me put my pants on.
Five minutes ticked by, but there was no sign of Ivan.
Detective Gordon called the house once more and Ivan's partner, Chalinda, answered before
handing the receiver over to her boyfriend.
When asked why he hadn't followed orders, Ivan expressed his disbelief about the entire
situation.
Certain, the negotiator was one of his workmates playing a prank.
Detective Gordon responded.
No mate, I'm from the police, it's no joke, this is real.
Still unsure, Ivan queried, why didn't you knock on the bloody door or something?
Gordon informed him that it was standard police procedure to first make a call to ensure the
safety of all concerned.
Ivan chuckled, still in disbelief, and told the negotiator he couldn't see anybody outside
his window.
Gordon once again ordered him to walk outside and turn left at the gate, but this command
only amplified Ivan's doubt as he didn't have a gate on his property.
Nevertheless, he announced.
Alright, I'll play your little game, but I'm not real keen on this.
Officers covering the inner perimeter of the premises radioed through to their command
post advising they could hear movement inside the garage, including what sounded like a
car door opening and closing.
They expressed concern that Ivan was planning an escape.
By 6.48am, their suspect still hadn't emerged from the house, so Detective Gordon phoned
for a third time.
Chalinda answered again, saying, We are coming out now, he's just trying to find his keys.
He always loses them in the morning.
A few minutes later, Ivan the Lat walked out of the house with his hands up.
Ivan complied with orders to get on the ground, as two heavily armed police officers placed
him in handcuffs.
Chalinda exited the premises soon after and was escorted to a waiting police car.
Detective showed Ivan a copy of their search warrant, informing him that they were making
inquiries in relation to the 1990 armed robbery of English backpacker Paul Onions, adding
that they would also be asking questions in relation to the seven murdered backpackers
discovered in Belangelo State Forest.
Ivan responded, I don't know what you're talking about.
Superintendent Clive Small was overseeing the raid from the police command post.
Once Ivan's house was cleared and it was confirmed that no one else was inside, he
gave the go ahead for officers to proceed with the next step.
Ivan was lifted to his feet and taken inside his home to give detectives an impromptu tour
and explain the purpose of each room.
He was then left in the living room under the dutiful watch of two detectives, as other
officers initiated a full scale search of the property.
Police were equipped with a list of over 100 items to be on the lookout for, ranging
from weapons and ammunition, to the various items of clothing, jewellery and camping equipment
the seven Belangelo victims were in possession of at the time of their disappearance.
As the search of Ivan's bedroom commenced, police discovered a driver's license displaying
Ivan's photograph alongside his brother Michael's name and personal information.
There was also a postcard written to Ivan dated just days after the disappearance of
British backpackers Joanne Walters and Caroline Clark that began with the words, Hi Bill,
the false name he had given to Paul Onions.
An envelope in his bedside drawer contained foreign currency, including New Zealand Dollars
and Indonesian Rupiah, with print dates that didn't coincide with the time Ivan was known
to be living outside of Australia.
German backpacker Simone Schmidl had returned from a trip to New Zealand just before her
disappearance, and German couple Gabor Nogabauer and Daniel Habschied had travelled to Australia
via Indonesia.
Ivan denied owning any firearms or keeping any on his property, yet a large array of
ammunition was discovered throughout his house.
A cupboard in Ivan's bedroom contained a tin storing 38 22 calibre bullets and an unused
12 gauge shotgun cartridge.
Similarly, four boxes of early brand 22 calibre cartridges were uncovered in a spare bedroom,
featuring the same batch number as those recovered from the area 8 location in Belangelo, near
where the remains of Gabor Nogabauer and Daniel Habschied were found.
All of the 22 calibre ammunition found in Ivan's home was suited for use with the Ruger
and Denshoots rifles fired by the Belangelo serial killer.
A plastic bag carried 32 and 45 calibre Winchester ammunition, the latter of which had copper
tips, matching the bullets Paul Onions cited in his attack as revolver.
The bag also contained a spent 22 Winchester cartridge with a unique upward indentation,
a marking caused by a known firing pin fault in Ruger rifles manufactured between 1964 and
1982.
The exact same indentation was present on cartridges recovered from two of the Belangelo crime scenes.
Ivan's bedroom drawer also held a receipt for a pump action shotgun purchased from a
gun shop in the western Sydney suburb of Horsley Park.
During a search of the laundry, an officer's attention was drawn to the washing machine,
where he noticed the substantial gap between the base of the appliance and the floor underneath.
He got down on the floor and discovered a 32 browning pistol which appeared to have been
split under the washing machine in a hurry.
The firing enquiries would reveal the pistol had been stolen during a break in at the office
of the Rhodes and Traffic Authority near Campbelltown in August 1977.
A cupboard in Ivan's hallway contained a pair of his work boots, one of which had a
Ruger rifle receiver stuffed inside.
The receiver is the frame of the firearm that houses the internal components such as the
firing mechanism and the bolt.
In addition, there was a map of the southern Highlands region, including the Belangelo
State Forest, plus maps of Newcastle and Wollongong.
When asked if he had ever been to Belangelo, Ivan claimed to have only ever bypassed the
forest down a dirt track during the mid-80s.
In response to whether he owned a Ruger firearm, Ivan said,
I've told you before, I don't own any weapons.
The group of attending police officers conducted the most thorough search possible, ensuring
nothing in the house went untouched.
By the time they were through, numerous items of interest had been recovered, including
a foot-long buoy knife, three magazines about shooting, a homemade silencer, multiple rolls
of black electrical tape, cable ties, telescopic sights, a camouflage-coloured paintball mask,
and a police radio scanner with Ivan Malat's name engraved on it.
The electrical tape and cable ties matched those used to construct a leash-restraint
device that had been found at one Belangelo crime scene.
Police also found an Olympus brand Trip S model 35mm camera, which was only available
for sale in the United Kingdom, and matched the camera-owned by English backpacker Caroline
Clarke.
Stuffed inside a garbage bag in Ivan's sister Shirley's bedroom, police found a green and
purple Salewa brand sleeping bag identified as belonging to German backpacker Simone Schmidel.
In addition to the sleeping bag, a Markill brand cooking set and cups found in the kitchen
pantry were confirmed to be the same type carried by Simone, as was a carrying pouch
and green water bottle found in a cardboard box.
A search of the garage revealed more items of camping equipment similar to those owned
by Simone, including a multi-coloured Arno strap and a blue Salewa sleeping bag cover.
The cover contained a green Vowde brand Hogan model 10, tied with a compactor-map band.
The same as the one found tied around Simone's head upon the discovery of her remains.
The second green and beige sleeping bag was identified as the one Australian backpacker
Deborah Everest had borrowed from her brother before her trip to Sydney in 1989.
Police also found a striped green pillowcase with five lengths of sash cord inside, one
of which appeared to be stained with blood.
A red Holden Jackaroo four-wheel drive was parked in Ivan's garage, though he claimed
he had owned a car for the past six years and that the vehicle belonged to one of his
brothers.
Inside the vehicle was a British 20 pence coin with a print date of 1989.
Perhaps the most bizarre of all was a sticker on the back of the vehicle which promoted
a crime prevention service crime stoppers with its motto reading, Put the Finger on Crime.
A manhole was used to access the roof cavity of Ivan's home, where police found some Christmas
decorations and other boxes containing miscellaneous items.
But upon removing some sheets of insulation, they were able to peer down into the wall
cavities where they spotted a plastic bag resting behind the living room wall.
A stick was used to try to reach the bag, but in doing so, it caused something to dislodge
and fall further down into the space.
A hole was cut through the wall to retrieve the item, which was revealed to be a 10 shot
Ruger rifle magazine.
Inside the plastic bag itself, police found parts of a .22 caliber Ruger rifle, a trigger
assembly and a breech bolt assembly.
When presented to Ivan, he denied ever seeing the firearm parts before, saying that nobody
had ever been in the sealing space except for quote, you blokes and the builders.
Ivan Malat was taken to Campbelltown police station for further questioning, where it
became apparent to interviewing detectives that their suspect was intentionally playing
dumb.
Ivan claimed to be hard of hearing and that he didn't understand their questions.
When asked to corroborate the record of conversation that took place between himself and the detectives
during the raid, Ivan refused, saying, we never had a conversation.
He claimed not to know where any of the camping equipment found in his house came from, suggesting
police may have planted the items there.
In relation to the blangalow murders, Ivan said, I don't know anything about them.
I haven't got a clue.
As Superintendent Small observed the interview from another room, he got the impression Ivan
was enjoying himself and knew exactly what was going on, appearing confident he would
soon be going home.
According to the book Fate by Neil Mercer, a former colleague of Ivan's explained, quote,
Ivan said to me once, if you ever get into trouble, I'll give you a solicitor that can
get you off a murder rap.
This bloke is the best.
You just have to deny it.
If you're prepared to take a hiding, just deny it, because they have to come up with
the proof.
Just flatly deny it and ring for solicitor John Marsden.
Following Ivan's arrest, his sister Shirley did exactly that, contacting the lawyer who
would help her brother get off his rape and armed robbery charges back in the 70s.
John Marsden arrived at the police station soon after and informed his client not to
speak a word.
While the raids were taking place at Ivan's property, police simultaneously closed in
on several other members of the Malat family.
They arrived to the small rural Southern Highlands township of Hilltop, located 40 kilometers
north of Belanglo, to conduct a raid of the property belonging to Ivan's brother, 42-year-old
Walter Malat, better known as Wally.
The split-level brick dwelling was surrounded by scrub and featured a secure underground
workshop.
More than 40 boxes of evidence were collected from Wally's residence, including a paintball
gun engraved with the initials I am, and a blue-colored high Sierra brand day pack matching
the one carried by Simone Schmidle.
This was in addition to Simone's larger backpack, which had been handed to police the day prior
by Alex Malat and his wife Joan.
A total of 24 weapons were seized, including an Anschutz 22-caliber rifle modified to fit
a silencer, numerous other firearms, two machetes, two bayonets, and a hunting knife.
A quarter tonne of ammunition found on site included six boxes of Winchester brand winner
model 22-caliber bullets and 12 boxes of yearly brand ammunition that featured the same batch
numbers as the discarded boxes of ammo recovered at Belanglo's Area A crime scene.
The bolt of the Anschutz rifle and several other firearms and packets of ammunition were
found inside a yellow haversack marked with Ivan's name.
In addition, 500 grams of marijuana was also uncovered, resulting in Wally Malat being
charged with firearm and drug offences.
This also descended on the property of 38-year-old Richard, the Malat brother who allegedly told
co-workers that there were more bodies in the forest, including those of German citizens
prior to the discovery of Simone, Gabor, and Danya.
Richard also lived in the southern Highlands town of Hilltop, just one kilometer away from
Wally, residing on a one-and-a-half-aco rural property which contained two caravans with
an adjoining annex, two aluminium sheds, and two vehicles.
As the search commenced, including a dig of the surrounding dense bushland, Richard was
asked about the contents of two wooden cupboards stored in his garden shed.
He said they held nothing of interest, just some electrical equipment and nuts and bolts.
Police instead found a large amount of camping equipment, including a blue and lilac Carabin
brand sleeping bag, a blue and orange ultimate brand sleeping bag, and a caramat brand sleeping
mat, matching items belonging to Joanne Walters and Caroline Clark.
In addition, a blue three-person tent was found that featured a small hole with makeshift
repairs in exactly the same location as the one that had been given to the British backpackers
by their travelling companion Steve Wright.
A red hairbrush with the word England on it was found in his vehicle, identified as similar
to one Caroline took with her when she departed for Australia.
When asked who all these items belonged to, Richard replied, I don't know.
Numerous weapons and firearms were also recovered, as well as a driver's licence featuring Richard's
image but issued under a false name, and the length of blue and yellow rope similar to
that found in Belangelo near Gabor Nukabauer and Daniel Habschied's remains.
Police also found marijuana on the property, subsequently charging Richard with firearm
and drug offences.
According to Richard and Wally, they came to be in possession of some of the firearms
and ammunition seized from their properties in March 1994, when Ivan enlisted their help
to store the items elsewhere out of concern that, quote,
the police might come and investigate.
Ivan also stated their sister Shirley was upset about the items being kept on their
property and wanted them gone.
Richard and Wally agreed, storing the items in an alcove at Wally's house.
Margaret, the Malat family's 76-year-old matriarch, still lived at the weatherboard
house in Guilford where Ivan, Richard and another of her son's David had lived during
the time period the Belangelo murders had occurred.
Despite her ailing health, Margaret remained as fiercely protective and defensive over
her sons as ever, refusing to assist police in the search of her property.
Inside the garage, police found a yellow shirt sold exclusively in the New Zealand City of
Christchurch by fashion retailer Hallenstein Brothers that matched one of four purchased
by Simone Schmidel during her travels there.
Also found was a next-brand shirt that matched one English backpacker Paul Unions claimed
to have left behind in Ivan's vehicle following his failed abduction.
In addition, a rag torn from a men's shirt bore similarities to the strips of material
that had been used to gag Joanne Walters.
A metal locker inside the house was padlocked shut and Margaret refused to hand over the
key.
Police forced it open and found it contained several firearms, including a .22-caliber
Slazenge Hornet rifle with Ivan's name engraved into it and two Canadian $5 bills.
Elsewhere inside the house, they also seized a sword and several photographs they believed
could be of assistance to the investigation.
Raids were also undertaken at the Bargo residence of Ivan's brother Bill and his wife Carolyn,
where two firearms belonging to their son and some books about murder and cannibalism
were seized.
The caravan the couple were holidaying in at Lake Tabauri was also searched, as authorities
suspected the pair may have taken some of the backpacker's camping property on the
trip.
Yet, they found nothing deemed of key importance to the Belanglo investigation.
On May 23, the day after the raid, police conducted a second formal interview with Bill
and Carolyn, during which Bill produced a photo album with the Easter 1992 written on
the front.
The album contained images of a Malat family trip which they claimed took place during
the time period that Joanne Walters and Caroline Clark went missing.
One photo showed Ivan alongside the vehicle he owned at the time, a silver Nissan Patrol
four-wheel drive.
According to Bill and Carolyn, the photos proved Ivan was away with the family when
the two young women were murdered.
However, it was obvious to the interviewing detectives that Easter 1992 was not the original
date displayed on the album.
It appeared as though the initial date had been crossed out, with the newer one written
in its place.
When asked if they were attempting to create a false alibi for Ivan, Carolyn insisted she
had made the change a long time ago, explaining,
I wrote it wrong when doing the album.
If I wanted to make up an alibi, I would have done a much better job of it.
It was during further inspections of the album that police realized Carolyn had overlooked
one crucial detail.
The date that each photo had been taken was written on the backside of each image.
Flipping over the photo of Ivan with his Nissan Patrol revealed someone had sprawled
the words, Max Truck 1991, Mac being one of Ivan's nicknames.
The vehicle had a bullbar on the front and what appeared to be white Liam's wool seat
covers, just like the car used in the attack on Paul Onions.
Another photo album recovered from Ivan's Eagle Vale home contained more images of
his Nissan Patrol, along with photos of the accused killer as he posed on an armchair
wearing a cowboy-style hat, armed with a Winchester rifle.
In another photo, Ivan's girlfriend, Chalinda, stood in front of the ocean wearing a white
long-sleeved shirt with the brand name Benetton printed across the front, which was an item
of clothing that had belonged to English backpacker Caroline Clark.
A search warrant of Chalinda's home was issued, but the shirt was not recovered.
Furthermore, a photo taken from Wally Molat's house dated March 29, 1991, showed Ivan carrying
a green and beige sleeping bag, identified as the one previously carried by Australian
backpacker Deborah Everest, who went missing just over a year before the photo was captured.
That same day, Ivan Molat appeared in the Campbelltown local court for the first time,
where he sat motionless as the formal charges against him were detailed.
For the attack on Paul Onions, he was charged with armed robbery, kidnapping, and using
a revolver with intent to commit an indictable offence.
Not entering a plea, he was represented by Jim Marsden, the brother of his long-standing
lawyer John Marsden, who was unable to appear in court that day as he now held a position
on the New South Wales Police Board and was attending a police association conference.
Jim Marsden asserted that his client was a good candidate for bail as he had a solid
work record, had resided in the same property with his sister for the past 15 months, and
had maintained a clean criminal record over the past 20 years.
Marsden justified Ivan's decision to flee the country following his 1971 criminal charges
for rape and armed robbery by explaining that at the time, his client was a young man frightened
by the prospect of facing trials for crimes he didn't commit.
Citing the serious nature of Ivan's most recent offences, the strength of the prosecution
case, and the possibility that Ivan may re-offend, the magistrate refused his request for bail.
Outside the court, a gathering crowd shouted abuse, insults and death threats at Ivan as
he was driven off to Long Bay Jail, where he would be held until his next scheduled
court appearance eight days later.
In order to lay charges for the seven backpacker murders, Task Force air investigators had just
over one week to examine all of the items recovered from the various malat properties
to determine what exactly could be directly linked to the Belangelo victims and crime scenes.
If they failed to gather sufficient evidence, they faced the possibility that their prime
suspect in the killings would once again be released on bail.
The various ruger rifle parts discovered in Ivan Malat's home presented Task Force air
with the best opportunity to strengthen their case against him.
In particular, the Breachbolt Assembly had the potential to leave a unique mark on spent
cartridge cases akin to a fingerprint.
Therefore, it was paramount to determine if Ivan's Breachbolt Assembly produced the same
markings found on the cartridge cases recovered from the Belangelo crime scenes.
Ballistics expert Gerard Dutton inserted Ivan's Breachbolt Assembly into a ruger rifle obtained
from the Ballistics Firearms Library.
He then fired ten Winchester cartridges before examining the markings left behind on the
casings.
In an interview with True Crime television series Crimes That Shook the World, Dutton
said,
I felt all the hairs on the back of my neck stand up on end.
It was quite an extraordinary sensation.
Those individual marks which I was so familiar with on the Caroline Clark murder case, I was
now seeing on my testified cases.
I was quite happy that component that we recovered from the wall cavity of Malat's house was
fitted to the murder gun that was used to kill Caroline Clark.
The markings produced by Dutton's test also matched to those on the cartridges recovered
from Belangelo's Area A crime scene near Gabor Nugebauer's remains.
The batch number on a Winchester brand ammunition box recovered from Area A was traceable from
factory floor to store shelves and was determined to have been supplied to 55 gun shops throughout
Australia in 1988 prior to the Belangelo murders.
One of those stores was located in the western Sydney suburb of Horsley Park.
The significance of the Horsley Park store was highlighted after a receipt for the purchase
of a pump action shotgun was found during the raid of Ivan's home.
In fact, Ivan was found to be a regular customer, having bought several firearms from the store
using a fake license issued under the name Norman Chong.
The serial number on the rifle receiver found in Ivan's work boot was also traced to the
Horsley Park store, which came to be in possession of the Ruger rifle after its original owner
pawned it to the shop in 1988.
There was no record of the gun having been sold to Ivan thereafter, an error for which
the store owners would later be fined.
However, Ivan did visit the shop using his fake license just days before the Ruger was
traded in there.
Ballistic tests were also carried out using Deanshut's rifle owned by Ivan that was found
on his brother Wally's property.
The analysis determined that this exact gun was used to shoot the eerily brand cartridges
found at Area A.
Concluding that both the Ruger and Deanshut's rifles belonging to Ivan Malat were discharged
in Belangelo.
With Ivan in custody for the attack on poor onions, police were given strict instructions
not to mention a word to the press about the Belangelo murders.
In order to avoid any media attention jeopardizing their efforts in building their case.
On May 29, just two days before Ivan's second scheduled court appearance, Superintendent
Clive Small opened to the Sunday Herald newspaper to find a story which began.
A lone investigation by a young detective has led police to believe the Belangelo Forest
Backpacker murders could be linked to a rape case more than 20 years ago.
The problematic article went on to detail the investigation into Ivan Malat for the
backpacker murders but with many incorrect specifics.
In particular, despite the large, dedicated team working under Superintendent Small, the
Sunday Herald article inaccurately credited Ivan's capture to the solitary work conducted
by Detective Senior Constable Paul Gordon, a member of Task Force Air who had been investigating
Ivan since he had been handed the file on the Malat brothers.
Small was convinced it was Detective Paul Gordon who leaked the story to the press.
After initially denying the accusation, Gordon eventually admitted he received a phone call
from the journalist but claimed he simply verified some facts about his history within
the police force.
While he refused to comment about the Malat investigation, when the reporter suggested
he had single-handedly cracked the case, Gordon responded,
I was just lucky.
As outlined in his book Inside Australia's Biggest Manhunt, Superintendent Small had
been wary about some of Gordon's investigative work prior to publication of the article,
including the detective's initial failure to look beyond the computerised records of
the Malat brothers' criminal backgrounds, something that Small considered a basic error.
Small was also critical of Gordon's indiscreet and overzealous questioning of Ivan's workmates,
which may have tipped their suspect to the fact he was being investigated for the Balangelo
killings.
Small explained,
I was furious.
The article posed a significant risk to the investigation.
Its account of Gordon's role was both completely untrue and a betrayal of the team effort behind
the arrest, and it contravened my explicit instructions about not talking to the media.
After all our efforts to convince the media that everyone would be treated equally and
that no one would get the jump on their rivals, the Herald's story risked starting a free-for-all
scramble for scoops.
As a result of the leak, Detective Scenicunstable Paul Gordon was removed from task force air.
The publicity put the task force in an awkward position, and Small was convinced that gave
them no choice but to charge Ivan Malat for all seven of the Balangelo murders when he
appeared in court two days later.
On May 31, 1994, a clean cut, smartly dressed Ivan Malat sat expressionless in the Campbelltown
local court as senior crown prosecutor Ian Lloyd publicly disclosed for the first time
the details of the violent crimes committed against the seven Balangelo victims.
Lloyd proceeded to outline the evidence that had so far been gathered against Ivan before
formally charging him with the murders of 19-year-olds James Gibson and Deborah Everest, 20-year-olds
Simone Schmiddle and Anja Habschied, 21-year-olds Gabor Neugebauer and Caroline Clark, and 22-year-old
Joanne Walters.
Ivan's lawyer John Marsden told the gathering media that the allegations against his client
were based on nothing more than circumstantial innuendos.
My client denies the serious allegations that have been made against him in court today.
I do not intend in any way to minimise the serious and horrific nature of the allegations
against him, however, in fairness to my client, who has stated quite categorically that he
is not guilty of the allegations, and who has not been proved guilty, the media should
allow my client a fair trial.
News that Ivan had been charged for the Balangelo serial killings came as a shock to those who
knew him, with many refusing to believe he could be responsible for such brutal crimes.
Former employers and co-workers described the accused killer as a model worker who was
reliable, honest and hard-working.
A former next-door neighbour labelled him as the perfect neighbour who had always been
friendly and courteous, offering to lend a hand by helping fix their cars or loaning
his lawnmower.
Alex Malat believed his younger brother was innocent, insisting there had been a miscarriage
of justice.
Quote,
I know you might think that because he's my brother I would defend him, but I'll tell
you right now that if I thought he was guilty I'd shoot the bastard.
Ivan's girlfriend, Tralinda, also refused to accept the charges, saying, I think the
police are covering something up, I have no idea what.
Ivan is a very calm person, not violent, and he doesn't lose his temper, and he's not
a fool.
I mean, if he were the person, he wouldn't leave incriminating stuff lying around.
He would never strike a woman, let alone rape and murder.
He has a great respect for women, this I know.
Ivan is more likely to walk away than have an argument.
Then there are those things that are hard to explain, the things you just know about
a person.
This is the worst crime imaginable.
I'd rather be dead than be connected to someone who would commit this.
A week after Ivan was charged, his image appeared on the cover of Celebrity News and Entertainment
magazine, Who Weekly, accompanied by the headline, Backpacker Serial Killings, The Accused.
The five-page article included an overview of the murders he was accused of committing,
along with information about the Malat family.
Recognizing the magazine story hindered Ivan's chance of receiving a fair trial, the New
South Wales Attorney General immediately charged Who Weekly's publisher, Time Inc., with contempt
of court, winning a Supreme Court injunction preventing further sales of the magazine unless
the photos of the accused were covered with irremovable stickers.
The court found Who Weekly guilty, with the magazine receiving a $100,000 fine, and its
editor receiving a $10,000 fine.
Investigators and the prosecution had until Ivan Malat's committal hearing scheduled for
the end of the year to produce enough evidence to argue that the murder case should proceed
to trial.
According to the book Sins of the Brother by Mark Whitaker and Les Kennedy, preliminary
forensic testing of over 100 items of evidence seized by police from their various Malat
properties, including tents, sleeping bags, clothing, rope, a green water bottle, a sharpening
stone, blankets, sheets, and a sword, revealed possible traces of blood.
But none of the items returned to match for human blood, except one, a one-and-a-half
metre length of sash cord recovered from a pillowcase found in Ivan's garage.
The blood stains were tested against DNA samples taken from the parents of all the
Belangelo victims, using what's known as a reverse paternity test.
Forensic examiners concluded that the blood on the sash cord was 792,000 times more likely
to come from a child of Caroline Clark's parents than from any other parents in the
general population.
When the bodies of Joanne Walters and Caroline Clark were discovered, investigators found
traces of bodily fluids they believed may have come from the pair's killer.
Swabs were taken from the victim's remains and given to a forensic scientist who was
new to the method of testing employed at the time.
Given his inexperience, he produced different results at the conclusion of each analysis.
When revisited after Ivan's arrest, the DNA samples appeared to have been severely damaged
by his use of chemicals and equipment, and unfortunately, more experienced forensic experts
were unable to reverse the error.
Therefore, the source of the foreign DNA could not be attributed to any individual.
As part of the forensic examination process, the Green Water Bottle-founded Ivan's property
believed to belong to Simone Schmidel was put under infrared lighting to determine for
certain whether something had been scratched off its bottom.
There, clear as day, was the German backpacker's nickname, Simi.
Given the personal items belonging to the deceased backpackers that had been discovered
at properties belonging to various members of the Malat family, police were not discounting
the theories previously put forward by criminal profilers that more than one perpetrator may
have been involved in the crimes.
However, they had yet to uncover any concrete evidence to suggest anyone other than Ivan
was responsible.
The publicity centered on Ivan prompted a close friend of his brother David to come forward
to police to report a suspicious incident that allegedly occurred over the Easterlong
weekend in 1992, when Joanne Walters and Caroline Clark went missing.
The witness, Philip Polglaze, claimed he was asleep on the couch at the Malat family property
in Guildford when he was awoken by Ivan and Richard Malat, who both lived at the house
at the time.
The two brothers were allegedly carrying guns, a bloodstained knife, a machete, backpacks,
and passports.
Richard jokingly said the blood was human, before allegedly remarking, Ivan could cut
your head off with one blow, I've seen him do it.
Ivan allegedly responded, Richard can't stab anyone, he has to shoot them.
Philip told authorities that during the time period the seven Balangelo murders occurred,
David Malat told him that his family was worried Ivan was up to his old tricks.
When Philip asked if this meant robbery, David allegedly responded, no, worse, and we think
he's taking a brother with him.
As detailed in the book Sins of the Brother by Les Kennedy and Mark Whitaker, Philip Polglaze's
allegations prompted a judge to give approval for a covert listening device to be installed
inside Richard Malat's caravan at hilltop.
David's behaviour indicated he may have already suspected he was under police surveillance,
only meeting with friends outdoors and making phone calls from public pay phones.
Consequently, the device failed to capture anything of interest.
During subsequent police interviews, Philip Polglaze's statements changed significantly,
as he suffered from short-term memory loss as a result of a previous car accident.
In an attempt to verify if there was any validity to his claims, police obtained a warrant that
allowed them to covertly record a conversation between Philip and Richard.
A meeting was arranged for the pair at the Crossroads Hotel in Kassoula.
Police officers were on standby in a van parked outside the premises, where they listened
in on the recording.
Little of the conversation between Philip and Richard made sense, as the latter appeared
to be under the influence of alcohol.
During their meeting, Philip brought up the night where Ivan allegedly returned to the
Guilford home with a bloody knife, but Richard told him to keep his mouth shut about that.
Philip voiced concerns that he could be considered an accessory after the fact, but Richard reassured
that there was nothing to worry about, as police would arrest him before they ever went
after Philip.
Philip asked what he should say to the police if he was questioned about the passports and
the backpacks Ivan allegedly showed him that night, to which Richard responded,
Just say nothing.
Just tell them I've seen nothing.
Absolutely nothing.
You ask, are you arresting me, officer?
And when he says no, just tell him to fuck off.
In regards to the camping gear belonging to Joanne Walters and Caroline Clark, police seized
from his property, Richard explained he had obtained the equipment from, quote, all over
the place, and had stolen some of the items whilst in the city.
He then rambled about serial killers not stopping unless they get caught, quote.
Where are we going to stop?
Only when we get caught.
You're not going to stop two years before.
We're not going to stop because we think the police will be hot on our tail.
Once you get that sort of fucking ding in your, I figure it's just like having a beer.
When are you going to stop?
When the pub closes?
Or do we buy takeaway to take home in case we're thirsty?
When Richard remarked that Philip was asking the same questions as police, the informer
sensed his cover was at risk of being blown.
To seem less conspicuous, Philip quickly remarked, fuck me dead, maybe I should have
been a fucking copper.
As the conversation dragged on, Philip mentioned his disbelief that one person could be responsible
for all the Belangelo killings, to which Richard replied, that's what we're worried
about.
One of these fucking big German cunts is supposed to be about six foot four and 18, 19 stone.
Here he is with a broken jaw, broken arm, broken fucking back.
What?
One bloke do all this to him.
And if you can do that to him, how come some skinny fucking Pommie backpacker get away
from him?
This comment immediately stood out to the police officers listening in on the discussion,
as Paul Anion's physical stature and to the full extent of Gabor Neugebauer's injuries
had not yet been released to the public.
Richard's remarks were compelling, but were not enough to warrant his arrest, and the
undercover sting came to an unsatisfying conclusion.
Following the failed sting, Richard Millat told France he was convinced Philip Poglase
was working with the police, an assertion that compelled the informer to go into hiding.
Then, just before Philip could testify at Ivan Millat's committal hearing, he was involved
in a fatal car accident that claimed his life.
When Richard heard the somber news, he offered no sympathy.
On June 28, a visibly agitated Ivan reappeared in the Campbelltown local court, where he
surprised those in attendance by sacking his long-standing lawyer John Marsden, the man
who had helped him evade serious rape and armed robbery charges in the 70s.
Marsden believed the decision was based on him encouraging Ivan to plead guilty to the
bilingual murders on the grounds of insanity, allowing them to argue for diminished responsibility.
Other members of the Millat family stated his dismissal was due to Ivan's strong belief
that Marsden was in cahoots with the police.
Despite the magistrate's request that he reconsider this decision, Ivan declared he
would be representing himself that day instead.
He criticized the media for the way they were covering the case and continued to declare
his innocence, arguing that he was being framed and the police were, quote, making it up as
they go along.
Many high-profile barristers came forward willing to take Marsden's place and represent
Ivan, wanting to take advantage of the immense exposure in what was set to become one of
the most high-profile and publicized criminal trials in Australian legal history.
The Millats felt lawyers from New South Wales may be too close to the police and therefore
deemed them untrustworthy, leading Ivan to hire Queensland-based solicitor Andrew Bow.
Ivan appeared with his new solicitor at Campbelltown local court on July 5, where he was reminded
in custody until his next court appearance.
Meanwhile, his ex-wife Karen was placed in witness protection amidst concerns for her
safety.
John Marsden continued to represent other members of the Millat family, including Richard and
Wally Millat.
On August 20, the pair appeared at Campbelltown local court under Marsden's representation
to face charges against them.
Richard pled guilty to possession of five prohibited weapons, unlawful possession of
a driver's license, and possession of cannabis.
Wally pled guilty to illegal possession of firearms, cultivating two cannabis plants,
and possession of cannabis.
Both men were sentenced to a good behaviour bond and issued with a monetary fine, plus
court costs.
On October 24, 1994, five months after his arrest, Ivan Millat's committal hearing commenced
at Campbelltown local court to determine whether there was enough evidence for the backpacker
murder case to proceed to trial.
Ivan maintained a relaxed and calm demeanour as Crown Prosecutor Ian Lloyd outlined the
case against him, but his opening arguments were cut short when the court was forced
to evacuate due to a bomb threat, which was later determined to be a hoax.
As the committal hearing continued, a full summary of all the available evidence implicating
Ivan Millat was detailed.
When the backpack belonging to Simone Schmiddle was presented with the initials I am written
on the inside flap, Ivan yelled from across the room, accusing the police of writing the
initials themselves.
This assertion was contradicted when Ivan's sister-in-law Joan testified that the initials
were already on the backpack when he gave it to her in late 1992.
Over 200 witnesses were called before the court, including Steve Wright, the British
backpacker who swapped tents with Joanne Walters and Caroline Clark.
Other former travel companions and family members of the deceased backpackers were also called.
They were able to formally identify the items recovered from the Millat properties as those
belonging to their loved ones.
Englishman Paul Unions made an appearance to provide details about his attempted kidnapping.
At the time, he was only referred to as Witness A due to a suppression order granted to protect
his identity.
Ivan's ex-wife Karen also took the stand, describing her former husband as a strong
man who lifted weights every night of the week.
She testified that Ivan took her to Belanglo State Forest numerous times over the course
of their 12-year relationship, and that during one visit, he shot a kangaroo before proceeding
to kick it and slit its throat.
Prior to their divorce being finalised in 1989, Karen said the only camping equipment
Ivan owned was an orange and green tent.
Karen confirmed Ivan owned several firearms, including a rifle and a revolver.
Quote,
Ivan was gun crazy with his firearms.
He would shoot at anything he could find.
There was a target on a tree, cans, anything he could see.
When shown the pistol that was found under Ivan's washing machine, Karen confirmed it
belonged to her ex-husband, and that he kept it wrapped in a sock under the front seat
of his car, loaded at all times.
In Ivan's defence, his legal team presented reported sightings of some of the backpackers
after the dates they were allegedly last seen alive.
In one sighting, a witness claimed to have picked up two British backpackers named Joe
and Caroline on the southern outskirts of Sydney between April 21 and April 23, 1992.
This was five days after Joanne Walters and Caroline Clark departed Sydney to Hitchhike
along the Hume Highway, a time frame in which Ivan Malap was confirmed to have been at work.
However, the prosecution had already disproven all reported sightings of the seven backpackers
beyond their disappearance dates, and the Defence Council declined the magistrate's
offer to call any witnesses to the stand to try and prove otherwise.
The defence also attempted to cast doubt over whether Ivan was the Malap brother responsible
for the crimes.
They highlighted that Richard Malat also fit the description of Paul Anion's attacker
in 1990, as he sported a distinct Murphy-style mustache at the time.
Alluding to the cigarette butts found at Joanne Walters and Caroline Clark's crime scene,
Richard was a heavy smoker, unlike Ivan, who had quit the habit 11 years prior in 1981.
Richard Malat was put on the stand and questioned about the tent, sleeping bag and hairbrush
found on his property that had belonged to Joanne and Caroline, but he denied knowing
anything about the items or how they came to be in his possession.
Superintendent Clive Small was the final witness to take the stand at the committal hearing.
He emphasised that Ivan not only fit the physical description and personal background of Paul
Anion's attacker, but also drove the same vehicle used by the assailant.
Under cross-examination from Ivan's defence team, the superintendent agreed that other
members of the Malat family also fit the perpetrator's description to varying degrees, but concluded,
I don't believe any other member owned a silver four-wheel drive with a white top
and a red stripe down the side.
Seven weeks after it began, the committal hearing came to an end on December 12th,
with the court satisfied enough evidence was presented for Ivan Malat to stand trial for
the seven Belangalo murders. The trial was set to commence in the New South Wales Supreme Court
the following year. The alleged killer showed no emotion as he was let out of the courtroom.
His lawyer Andrew Bowe fronted the media to express concern that the extensive coverage
of the committal hearing would make it difficult for his client to receive a fair trial,
as it would be near impossible to find an impartial jury. Andrew Bowe, quote,
I think this case will be a test for how this community and the criminal justice system in
Australia deals with such a public hearing of allegations at committal.
Prior to Ivan Malat's trial, renovations were undertaken at the New South Wales Supreme Court
building to ensure the amenities were more accommodating for the prospective jurors
during proceedings, which were expected to last upwards of six months. The walkway between the
cells and the courthouse would also be covered to prevent camera crews from capturing the daily
journey of the accused. The trial was initially scheduled to begin on June 26, 1995, but disputes
amongst Ivan's legal team regarding finances delayed the commencement date. Given the trial
was expected to run for a considerable length of time and deal with complex legal issues,
Ivan's legal team felt the fees being offered to them by legal aid were insufficient.
Ivan refused to work with any other solicitors, demanding legal aid pay his team an above-average
rate. The commission refused, determining they would only pay the initial base rate and Ivan would
have to cover any additional costs at his own expense. After a lengthy appeals process which
delayed the trial for nine months, three appellate judges unanimously deemed Ivan's request to be
unacceptable, effectively leaving the defendant with no legal representation unless he was willing
to contribute the difference in cost. With no other avenue of appeal, Ivan's legal team
eventually accepted the initial lower offer, with the trial scheduled to commence in March, 1996.
Speculation continued to run rife as to whether Ivan Malat acted alone. Prior to his capture,
various criminal profilers had indicated their belief that the killer had an accomplice,
with several theorizing the crimes may have been committed by brothers.
FBI agents and some task force air investigators were less convinced. Based on the fact Paul
Unions was targeted by a single perpetrator and that known serial killers rarely deviate from
their established demo, they were certain that Ivan acted alone. Dr Peter Bradhurst, the forensic
pathologist from the New South Wales Institute of Forensic Medicine, who had conducted the post
mordems of all seven Belangelo victims, joined the group of people to suggest two killers may be
involved. During the final days of Ivan Malat's committal hearing, Dr Bradhurst testified in
court that for one person to be responsible for all seven murders, the killer would have had to
incapacitate one of the victims before dealing with the other. When asked whether his forensic
expertise could determine whether more than one killer was involved, Dr Bradhurst responded.
With each of the pairs of backpackers that were killed, there appears to be two different patterns
of injury. With Caroline Clark and Joanne Walters, Caroline Clark had predominant injuries of gunshot
wounds to the head and only one stab wound being apparent. With Joanne Walters, she had multiple
stab wounds. Similarly, with Gabor Neugebauer and Anja Habschied, Gabor Neugebauer had gunshot
wounds to the head, evidence of strangulation and gagging, whereas Anja Habschied had been decapitated.
Further, with James Gibson and Deborah Everest, there were two different patterns of injuries.
I would attempt to think it more likely that more than one person was involved.
To be concluded next week.