Circumstances - Michael
Chandler was last
seen on the 8th March 1973. Michael finished work at the Griffith, NSW railway in
the early afternoon and has not been seen since this date. Michael has not
made contact family or friends since his disappearance and there are
concerns for his safety and welfare.
CORONER’S COURT
Name of Deceased: Michael Kenneth CHANDLER
File Number: 1250/2011
Hearing Dates: 22 January and 24 April 2013
Location of Inquest: Court House Griffith, NSW
Date of Finding: 24 April 2013
Coroner: Magistrate P. A. MacMahon Deputy State Coroner
Representations: Ms B Lorenc - Advocate Assisting.
Findings made in accordance with Section 81(1) Coroners Act 2009:
Michael Kenneth Chandler (born 29 September 1940) died on or after 8 March
1973 in or about the State of New South Wales. As to the cause and manner of his
death the evidence available does not enable me to make a finding.
Recommendations made in accordance with Section 82 (1) Coroners Act 2009: Nil
Magistrate P A MacMahon
Deputy State Coroner
24 April 2013
Introduction
Michael Kenneth Chandler (who I will call Michael) was born on 29 September
1940. In 1973 he lived in Griffith in southwest New South Wales with his wife,
Gwyneth (Gwen) and their seven children. Michael worked on a rail gang during
the week at a camp in the vicinity of Goolgowi to the north of Griffith. It was
Michael’s practice to return to Griffith each payday, collect his pay, provide
his wife with housekeeping money, purchase a take away dinner for the family and
then to return to Goolgowi the next day to work prior to returning to Griffith
for the weekend.
Thursday 8 March 1973 was for Michael a payday. In accordance with his
practice Michael returned to his home in Griffith and then went out to purchase
‘fish and chips’ and a ‘Chinese takeaway.’ He attended the Victoria Hotel and
consumed a beer before collecting the ‘Chinese Takeaway.’ He did not, however,
return home. Gwen waited until the Friday evening and when Michael did not
arrive home she spoke to her father and inquiries were made as to Michael’s
whereabouts. It was established that Michael had not returned to work on the
Friday. Michael’s disappearance was reported to the police on either Sunday 11
March or Monday 12 March 1973. An investigation as to Michael’s disappearance
was then commenced. Michael was not located nor has he made contact with Gwen,
his children, his parents, siblings or other family or acquaintances since that
day.
In 1989 Michael’s brother Alan, who was then a South Australian Police
Officer, made inquiries concerning the outcome of the investigation into the
disappearance of Michael. Alan provided a comprehensive outline of the
circumstances of his brother’s disappearance to the extent that was known to him
and detailed the inquiries he had made. As a result of Alan’s inquiries
Inspector Donald Welsh undertook a number of inquiries including speaking to
Gwen, and others. As a result of his investigations, which were somewhat
limited, Inspector Welsh formed the opinion that Michael had disappeared of his
own volition.
In 2004 those inquiries came to the attention of Constable Joanne Williams at
the NSW Missing Persons Unit as part of her duties. On 14 March 2005 Constable
Williams completed a missing persons report and further investigations were
undertaken. As a result of those further investigations the matter was reported
to the coroner.
On 22 January 2013 an inquest into the disappearance, and suspected death, of
Michael Kenneth Chandler was commenced in Griffith. Evidence was taken from
Gwen, Alan Chandler, Claudio Testoni (Michael’s brother-in-law) and Detective
Sergeant Scott Wilkinson (the Officer in charge). The inquest was then adjourned
to allow for further investigations that I considered were necessary to be
undertaken.
Jurisdiction of the Coroner:
Section 18, Coroners Act 2009 (the Act) gives a coroner jurisdiction to hold
an inquest where the death, or suspected death, of an individual occurred within
New South Wales or the person who has died, or is suspected to have died, was
ordinarily a resident of New South Wales. Section 81(1) of the Act sets out the
primary function of the coroner when an inquest is held. That section requires,
in summary, that at the conclusion of the inquest the coroner is to establish,
should sufficient evidence be available, the fact that a person has died, the
identity of that person, the date and place of their death and the cause and
manner thereof. In the case of a suspected death Section 80 of the Act provides
that where an inquest is conducted and where, on the evidence available, a
coroner is not satisfied that a person suspected to be deceased is in fact dead
he or she is required to make a finding that the person is not dead and
terminate the inquest. Section 82 (1) of the Act provides that a coroner
conducting an inquest may also make such recommendations, as he or she considers
necessary or desirable, in relation to any matter connected with the death with
which the inquest is concerned. The making of recommendations are discretionary
and relate usually, but not necessarily only, to matters of public health,
public safety or the conduct of services provided by public instrumentalities.
In this way coronial proceedings can be forward looking, aiming to prevent
future deaths.
The Evidence
The evidence establishes that the last confirmed sighting of Michael was on 8
March 1973 in Griffith. He has not been seen by, nor made contact with, any of
his family or acquaintances since that time. The investigation also established
that on 8 March 1973 he resigned from his employment with the Railways and his
termination wages were paid. His resignation, and rumours that circulated in
Griffith at about the time that Michael had travelled to Victoria, raised the
possibility that Michael had left with the intention of re-establishing his life
elsewhere under his own or a new identity. That possibility has been
investigated to the extent that it is possible given the four decades that have
elapsed since.
Michael has not come to the attention of the police in any Australian
jurisdiction since 1973. His NSW drivers licence had expired prior to his
disappearance and he has not applied for its renewal or for one to be issued in
any other State or Territory of Australia in his name. He has not left Australia
since 1973. In addition he has not claimed a pension, medical or pharmaceutical
benefits from the relevant Australian Government agencies. He has not operated
an account with any of the major Australian banks. He is not on the electoral
roll nor does he have an Australian Tax File number. The investigations that
have been undertaken have not been able to locate any evidence whatsoever that
Michael has been alive since 1973. In these circumstances were Michael to have
been alive he would have had to assume a new identity. To do that formally he
would have had to change his name. The evidence available shows that that
Michael has not changed his name in New South Wales, Victoria or South
Australia, the States of Australia with which he had some connection, since
1973. He has thus not officially adopted a new identity since he disappeared on
8 March 1973. Were Michael to be alive he would now be approaching the age of
73. That is, of course, not a very old age however it is at a stage where most
Australians would be obtaining some of the many benefits, whether hospital,
medical, pharmaceutical or financial, available from the Australian Government.
The evidence shows that Michael has not done so.
I am required to make a finding as to whether I am satisfied it is more
probable than not that Michael is deceased. On this basis I am satisfied that
Michael is deceased. In finding that Michael is deceased I take into account the
evidence from Gwen that his relationship with her was a close one and that, in
particular, he was committed to his relationship with his seven children.
Michael’s daughter Sally died in 1984 and notices were placed in all major
papers hoping that it would come to Michael’s attention. He did not respond.
I also take into account Alan Chandler’s evidence that Michael also had a
close relationship with his parents and siblings with whom he maintained regular
contact. That contact ceased unexpectedly on 8 March 1973. In fact at the time
there were plans for Michael to travel to South Australia to visit his parents.
When Michael’s father died notices were also placed in major daily newspapers
hoping it would come to his attention. Michael did not respond to those
requests. I consider that, even if for whatever reason Michael did decide to
leave his wife, were he to have been alive during the past forty years he would
more than likely taken some action to contact his children, parents or siblings
particularly as his children entered adulthood and his parents grew older. In
coming to this finding I take into account that Michael resigned his employment
on 8 March 1973. There is no explanation available to me as to why he did this.
The evidence is that he directed his termination monies to be paid to Gwen. She
does not recall receiving such monies however if this were the case it would
suggest that he was not resigning to re-establish a new life. He would have had
no money to do so. There is, however, no evidence to support the suggestion that
he did this and, in any event even if he did, as I have already said one would
expect that in the four decades since, and with the publicity that his
disappearance has generated at various times over the years, he would have made
contact with some family members.
Whilst I am satisfied that on the balance of probabilities Michael is
deceased evidence available to make the other findings required by Section 81(1)
is not available. In respect of these matters the best I can do is to make, what
is referred to as, an; ‘open finding’. I propose to find that Michael died
sometime after 8 March 1973 in or about New South Wales but that there is no
evidence to make findings as to the cause and manner of his death. If at some
time in the future further evidence becomes available as to these matters then
the State Coroner can reopen the proceedings and additional or alternative
findings made as to those matters.
Section 82 Recommendations
I mentioned above that at the end of an inquest I have the discretion to make
recommendations as to any matter that I considered necessary of desirable that
was connected with the death or suspected death with which the inquest was
concerned. I am satisfied that no matters have arisen during the course of the
inquest that requires me to make such a recommendation.
Magistrate P.A. MacMahon
Deputy State Coroner
24 April 2013
Missing man declared dead four decades on
By LEAH HUMPHRYS
- The Area News
A GRIFFITH man who disappeared without a trace 40 years ago was
declared dead in the state coroner's court this week.
The investigation into the disappearance of Michael Kenneth Chandler
(pictured) has been ongoing since he went missing on Thursday, March 8,
1973.
The father of seven was working on a rail gang near Goolgowi at the
time but lived with his family in Griffith.
On the day he disappeared, the 32-year-old had gone to collect his
pay, resigned from his job at the railway then went to buy takeaway dinner
for his family.
He bought fish and chips and Chinese food and went to the Victoria
Hotel for a beer.
He was never seen or heard from again.
A coronial inquest into Mr Chandler's disappearance was launched in
Griffith in January this year and was continued at the NSW Coroner's Court
but has left many questions unanswered.
In his findings, which were handed down on Wednesday, Deputy State
Coroner Paul MacMahon proposed Mr Chandler had died on or after March 8,
1973, in or about NSW.
However, Magistrate MacMahon could not find evidence to determine the
cause and manner of his death.
If he was alive today, Mr Chandler would be 72.
"While I am satisfied that on the balance of probabilities Michael is
deceased, evidence available to make the other findings ... is not
available," Magistrate MacMahon said.
"The evidence establishes that the last confirmed sighting of Michael
was on March 8, 1973, in Griffith.
"He has not been seen by, nor made contact with, any of his family or
acquaintances since that time."
When Mr Chandler's daughter Sally passed away in 1984, his family
placed notices in all major newspapers hoping he would come forward.
He did not respond.
Nor did he respond when his father died and notices were placed in the
newspapers.
Magistrate McMahon found Mr Chandler had a close relationship with his
parents and siblings, and his own children.
"Even if for whatever reason Michael did decide to leave his wife,
were he to have been alive during the past 40 years, he would more than
likely (have) taken some action to contact his children, parents or
siblings," he said.
Since he disappeared, Mr Chandler has not come to the attention of
police in any Australian jurisdiction.
His drivers licence had expired, he had not left Australia, he had not
claimed a pension or benefits, he had not operated a bank account, was not
on the electoral roll and did not have a tax file number.
The coroner could not find an explanation why Mr Chandler would have
resigned from his job and ordered his termination monies to be paid to his
wife on the day he disappeared.
However, he said if Mr Chandler had wanted to start a new life, he
would have had no money to do so.
Magistrate MacMahon said had Mr Chandler been alive, he would have had
to assume a new identity and formally change his name, but had not done so.
If more evidence becomes available in future, the state coroner can
reopen proceedings and additional or alternative findings can be made.