Sean Sergeant visited
friends at 1900hrs on 19/3/99 at Orchid Street, St Lucia Brisbane. He
became intoxicated and at about 2300hrs he and three friends attended a
party at Hawkins Drive, St Lucia. Sean had an altercation with a male
person in front of the residence, a fight took place and Sean and friends
returned to Orchid Street. Sean had been drinking alcohol at the
party and indicated he would sleep in his car.
At about
2345hrs Sean allegedly left Hawkins Drive and has not been seen since. His
blue 1992 EB falcon sedan Qld reg. 746 ENN is also missing.
CITATION: Inquest into the disappearance of Sean Sargent
TITLE OF COURT:
Coroners Court
JURISDICTION:
Brisbane
FILE NO:
2013/137
DELIVERED ON:
25 October 2017
DELIVERED AT:
Brisbane
HEARING DATES:
13 December 2016;
21 February 2017; 8 – 12 May 2017; 20 – 22 September 2017
FINDINGS OF:
John Hutton
INTRODUCTION
1. Sean Sargent turned 24 years of age two days before he went missing in the
early hours of 20 March 1999. At the time of his disappearance, Sean was an Army
Officer, holding the rank of Lieutenant and he was posted to the Enoggera Army
Barracks in Brisbane.
2. Several theories have been posited for Sean’s disappearance. I considered
them all, including:
a. That Sean was a homosexual, leading a double life, and left because it was
too difficult being gay in the Army;
b. That Sean intentionally disappeared to follow a covert lifestyle in
another organisation such as the French Foreign Legion, Special Air Service, or
Australian Security and Intelligence Office;
c. That Sean died through suicide;
d. That Sean died as a result of foul play; and
e. That Sean died by accident.
3. Two pre-inquest conferences were held on 13 December 2016 and 21 February
2017. The following inquest issues were settled:
a. The findings required by ss 43 (2) and (4) of the Coroners Act 1958, namely:
(i). The cause and circumstances of the disappearance of Sean Sargent;
(ii). Whether he is alive or dead;
(iii). If he is alive or likely to be alive - his whereabouts at the time of
the inquest;
(iv). If he is dead or likely to be dead - the identity of the deceased
person, how, when and where he died, what caused his death; and
(v). The persons, if any, to be committed for trial; and
4. The adequacy of the civilian police and military police investigations
into the disappearance of Sean Sargent was also listed as an issue for the
inquest without objection. However, I note that s 43(5) if the Coroners Act 1958 prevents a coroner
from expressing in his findings any opinion on any matter outside the scope of
the inquest (presumably as set out in ss 43(2) and (4)) except in a rider which,
in the opinion of the coroner, is designed to prevent the recurrence of similar
occurrences. Therefore,
Findings of inquest into the disappearance of Sean Sargent 1
whilst I made my opinion about the adequacy of the civilian police
investigation known throughout the proceedings, I will refrain from formerly
addressing this issue as part of my findings. It is now a matter for the
Queensland Police Service to make their own assessment about this and to
determine whether they will take any further action.
5. As part of the coronial investigation, a large volume of material and a
number of additional statements were gathered and distributed to the parties. I
also heard oral evidence from the following 20 witnesses between 8 – 12 May 2017
and 20 – 22 September 2017:
a. Retired Sergeant James Andrew Hayes (the overviewing civilian police
investigator from the Queensland Police Missing Person Bureau);
b. Detective Sergeant Shayne Robert Maxwell (the initial lead Queensland
Police Investigator from the Indooroopilly Criminal Investigation Branch);
c. Detective Senior Sergeant Malcolm James Gundry (the lead police
investigator in 2017, to explain the additional investigation completed by a
police task force since the last inquest hearing and conclusions reached).
d. Senior Constable Michael Wayne Turner (Dive supervisor within the
Queensland Police Service Diving Unit, who coordinated further searches in 2017
of the Brisbane River, three lakes at the University of Queensland, and the dam
out the back of Enoggera Barracks);
e. Retired Army Sergeant Darren John Cripps (the sole Army military police
investigator from 22 March until early May 1999);
f. Retired Army Warrant Officer Class 2 Allan James Williams (an Army
military police investigator who took over from Sergeant Darren Cripps in early
May 1999 and had joint conduct of the military police investigation until mid to
late August 1999;
g. Retired Army Sergeant Thomas William Bere (an Army reserve military police
investigator who had joint conduct of the investigation with the then Staff
Sergeant Williams until mid to late August 1999 and then sole conduct of the
military police investigation until around September 2001);
h. Nancy Joy Anderson (Sean Sargent’s older sister);
i. Anthony Thomas Sargent (Sean Sargent’s older adopted brother);
j. Sydney Thomas Sargent (Sean Sargent’s father);
Findings of inquest into the disappearance of Sean Sargent 2
k. Rachel Louise Kayrooz (Sean’s girlfriend up until a few weeks before he
went missing);
l. Benjamin Nankivell (one of Sean’s best Army friends since ADFA);
m. Andrew Paul Juniper (one of Sean’s best Army friends since his posting to
Enoggera Army Barracks);
n. Katrina Elizabeth Gubanyi (nee Bamberry) (a witness who came forward to
the civilian police on 6 September 1999 alleging that Sean’s friend Benjamin
Snelling had said that there was "more than meets the eye" and that he went back
to the Army Barracks with Sean at the end of the night that he went missing);
o. Benjamin Edward Snelling (Sean’s school friend since grade 8. He held the
party on the night of Sean’s disappearance and was one of the last people to see
him. It was alleged that he said that he had gone back to the Army Barracks with
Sean at the end of the night he went missing);
p. Alicia Jean King (girlfriend of Benjamin Snelling at the time of Sean
Sean’s disappearance);
q. Sean James Mann (a witness who came forward to the military police on 25
June 1999 alleging that he had met Sean Sargent at the Sportsman Hotel after he
went missing on the evening of 31 March 1999 and that Sean had said that it was
"difficult being gay in the Army");
r. Kevin William Jones (a former Byron Shire Council Ranger who came forward
to the civilian police on 19 April 1999 alleging that he had spoken to a man
matching Sean’s description, camping illegally at Suffolk Park, New South Wales,
on 15 April 1999);
s. Francis Leslie Duggan (A truck driver who came forward to the civilian
police on 14 June 1999 alleging that he had met a person matching Sean’s
description travelling with another male, near Gilgandra, New South Wales,
between late April and June 1999); and
t. Michael Lindsay Smith, (Manager of the fraud department at Defence Bank,
regarding an attempt by someone to make a purchase with Sean’s Visa bank card a
few weeks after Sean went missing on 15 April 1999 and other transactions of
interest).
Findings of inquest into the disappearance of Sean Sargent 3
FINDINGS REQUIRED BY SS. 43(2) and (4)
6. Pursuant to sections 43(2) and (4) of the
Coroners Act 1958
(Qld), I find as follows:
a.
The cause and circumstances
of his disappearance
- As set out in the
circumstances outlined below.
b.
Whether he is alive or dead
- Sean Sargent is dead.
c.
Identity of the deceased
– The deceased person is Sean Sargent.
d.
How he died –
Sean most likely died in a single vehicle accident in the
Brisbane river.
e.
Place of death –
Sean Sargent died in Brisbane in the state of Queensland.
f.
Date of death –
Sean Sargent died on 20 March 1999.
g.
Cause of death –
The medical cause of Sean Sargent’s death is unknown.
EVIDENCE, DISCUSSION AND GENERAL CIRCUMSTANCES OF DEATH
Move to Australia
7. Sean Sergeant turned 24 years of age two days before he went missing in
the early hours of Saturday 20 March 1999.
8. By way of background, Sean was born in Gisbourne, New Zealand on 18 March
1975. He moved from New Zealand to Australia with his parents, older sister and
older adopted brother when he was four years old. He also has a half-sister whom
he was not close with and she is believed to be living in the United Kingdom.
9. Sean and his family moved frequently within Australia due to his father’s
employment in the mining industry but they eventually settled in Mackay, North
Queensland.
The death of Sean’s mother when he was 16
10. Sean’s mother was described by his sister as a "highly functioning
alcoholic". She was a good mother to her children and Sean was very
Findings of inquest into the disappearance of Sean Sargent 4
close to her. His mother died of a heart attack when he was 16 years of age
and in year 12. Sean performed CPR on her at home when she collapsed, but
without success. His mother’s death greatly affected him.
Sean’s high achievement in his studies
11. Despite the tragic death of his mother whilst he was in grade 12, Sean
was very determined to keep working diligently with his studies. He completed
his secondary schooling at Pioneer State High School in Mackay, achieving an
overall position of 2 and ‘runner up dux’ of the school.
Sean’s close relationship with his family
12. Sean has been described by his sister, Nancy Anderson, as "fiercely loyal
to his family". He was particularly close to his sister and her four children.
He was also close with his brother, father and step mother.
13. Up until his disappearance, Sean would routinely call his sister on a
weekly basis, even when he was busy. He phoned his father regularly, but less
frequently. He would visit his family in Mackay, and stay with his sister every
Christmas, to spend time with them.
Sean’s career in the military
14. According to Sean’s sister, he had wanted to become a doctor when he
finished school but he did not wish to be a financial burden on his father.
15. In January 1993, after finishing school, Sean joined the Royal Australian
Air Force (RAAF). He was fully funded by the RAAF to complete a Bachelor of
Electrical Engineering at the Australian Defence Force Academy (ADFA).
16. Two years into his studies at ADFA, Sean transferred to the Army. His
military records indicate that the reason for his transfer was because he
perceived that the Army would offer him greater promotional opportunities than
the RAAF and he wanted more of a direct leadership role within a field
environment.
17. As part of my coronial investigation, I obtained a full copy of Sean’s
military records. Sean’s military record was largely unblemished.
18. Upon completion of his third year at ADFA at the end of 1996, Sean’s
overall performance was assessed as 'good'. He was considered to be intelligent
and hard working, but at times had trouble getting his point across, sometimes
adopting an aggressive tone. He was reported as having displayed a high level of
confidence and ability, which he projected a little too assertively at times.
Sean was accepted by his peers and able to interact on a social level. He had
the ability to analyse problems and
Findings of inquest into the disappearance of Sean Sargent 5
implement workable solutions, although at times he could be a little set in
his ways. Sean showed determination and dedication and it was assessed that he
would make a strong junior officer.
19. Sean was subsequently promoted to the junior commissioned officer Army
rank of ‘Lieutenant’ and he completed his final year of ADFA at the end of 1997.
20. In 1998, Sean completed his Officer training at Duntroon. He was assessed
as having a good understanding of communication systems, displaying good
organisational skills, and he coped well when put under pressure. Sean was
assessed as having a relaxed and confident approach and he was very comfortable
when speaking in front of his peers.
21. After completion of his Officer training in 1998, Sean received his first
(non-training) posting to ‘1st Joint Support Unit’ (1JSU) at Enoggera Army
Barracks in Brisbane. He was appointed as a ‘Troop Commander’ and he was
responsible for 30 – 50 troops. In his role as a ‘Communications Information
Systems Network Officer’, he was also responsible for frequency management,
cipher distribution, and cipher maintenance.
22. In July 1998, Sean made enquiries with his career manager as to whether
he could be posted to the United States to further his education in the field of
satellite communications. He was advised by his career manager that he was due
for promotion at the end of 1999. In the meantime, he was considered to be too
junior in rank for an overseas posting.
23. In September 1998, Sean received his first performance report as a Troop
Commander at 1JSU. His overall performance was assessed as "very good". It was
noted that Sean was a keen young officer who displayed an enthusiastic approach
to service life. His positive attitude had helped him to assimilate quickly into
the unit and to gain the respect of his colleagues. It was noted that Sean
appeared eager to learn and that he responded well to advice. He was assessed as
generally well organised. He was able to relate well with subordinates and
peers. It was considered by his superior that Sean was "off to a good start in
his career and had the clear potential for a strong career in the services".
Alleged altercation in Townsville (October 1998)
24. Sean’s military career arguably took a temporary backwards step the next
month in October 1998. Whilst he was away in Townsville on an Army Exercise, he
allegedly assaulted a bouncer at a local nightclub. This led to criminal charges
being laid against him on 10 October 1998 and the incident was recorded on his
military file.
25. The matter was subsequently withdrawn on 11 March 1999 after Sean took
out a loan on 26 February 1999 and paid the bouncer $4,000 in compensation.
Findings of inquest into the disappearance of Sean Sargent 6
26. According to Sean’s sister, Sean had told her that he was involved in the
altercation because he stepped in to defend a mate. There was also allegedly a
scam going on in Townsville at the time where bouncers were filing assault
complaints and then withdrawing them in exchange for money.
27. It would appear that the incident in Townsville caused Sean a moderate
level of stress. He was placed on additional duties at Enoggera Barracks, and he
was put on notice that any further incidents would lead to disciplinary action
being taken against him.
The three months prior to Sean’s disappearance
28. Just prior to Christmas in 1998, Sean’s older brother visited him in
Brisbane. Sean was living with two females at the time and he was in a
relationship with one of the females who had a young child. At that time, Sean
informed his brother that one of the reasons he had joined the Army was for the
university degree, so that his father did not have to pay for it. However, he
was not in any way negative towards the Army.
29. Over Christmas of 1998, Sean visited his sister and family in Mackay. His
sister stated that at the time Sean did not say a bad thing about the Army but
he did say that he wished he had been a doctor so that he could help people.
30. In early 1999, Sean moved from the Commanders Mess at Enoggera Barracks
into a private residence with a fellow junior officer at Ferny Hills. (The
officer cannot be named now for national security reasons). Sean was not charged
any rent by the junior officer, possibly because this would have affected the
officer’s Defence subsidised payments. The benefit to the junior officer was
that Sean would look after his cat when he was away with his defacto (female)
partner, who resided in Toowoomba. The benefit to Sean was that he got away from
the substandard accommodation on base.
31. Interestingly, Sean continued to maintain a room at the Commanders Mess
on base, whilst he was residing off base. This is possibly because Sean would
not have been able to be declared as a tenant at the private residence without
his colleague’s rental subsidy being affected. It would also have been cheaper
for Sean to continue to pay for a room on base, so that he could dine at the
Officers Mess on base at discounted rates.
32. Also in January 1999, Sean was re-acquainted with an old school friend of
his, Benjamin Snelling. According to Benjamin Snelling, they ran into each other
one afternoon at Spring Hill after Benjamin had finished work. They later caught
up for drinks on two separate occasions, prior to the party at Benjamin’s house
from which Sean went missing.
33. On 18 and 20 January 1999, Sean sent two emails to his girlfriend, Rachel
Findings of inquest into the disappearance of Sean Sargent 7
Kayrooz. She considered his email on 20 January 1999 to be out of the
ordinary at the time. The emails were as follows:
a.
"Hi, just thought I'd test
your address. Reply if you are intact [sic] the right person and not Rachel
Krakanov from the far reaches of Siberia"; and
b.
"Hi, how are you? I am just
writing you a quick letter so as to prove that I am gracious enough to return
your correspondence. I am having a very dull but still busy day, yet at the same
time I am getting absolutely nothing done as I can't find any of the people I
need to talk too. This sucks so bad I think I may top myself and end the entire
miserable existence. At least there is always the ever inspiring idea one day I
may grow old catch some terrible mind destroying disease and die in a pool of my
own vomit only to have all the money I spent my entire life trying to save be
given to my ungrateful and no doubt homosexual, criminal inlaws. I'm hungry.
Sorry I just meant to think this but somehow it got written on the screen
I'll speak to you soon
Sean"
34. In the second email, Sean appears to be joking about committing suicide.
In my view, this was not a serious contemplation of suicide. It was an
indication of Sean’s quirky (and perhaps even dark at times) sense of humour.
One of Sean’s close friends, Ben Nankerville, has likened Sean’s sense of humour
to that of Monty Python.
35. In February 1999, Sean commenced a ‘Masters of Business Information
Technology’ course at the University of Southern Queensland, which was partly
subsidised by Defence.
36. On 26 February 1999, Sean took out a loan for $4,000 and drew a cheque
for the same sum to pay compensation to the bouncer whom he had allegedly
assaulted in Townsville. The result was that the complaint against Sean was
discontinued and the criminal charges against him were withdrawn. I note that
$4,000 was a significant portion of Sean’s income at the time. In my view, this
indicates that Sean valued his future military career. A continuation of the
charge may have affected his short-term promotion prospects.
37. I also note that Sean paid $408 for a Qantas flight on 6 February 1999.
The amount indicates that the flight is likely to have been domestic. It is
unknown where the flight was to, or if Sean ever went on the flight. It is,
however, a reasonable assumption that the flight booking was to Townsville in
relation to court, or settlement with the bouncer.
38. In late February 1999, Sean broke up with his girlfriend, Rachel Kayrooz.
The Missing Persons Bureau Running Log indicates that Rachel advised
Findings of inquest into the disappearance of Sean Sargent 8
police that they broke up on Valentines Day. However, Rachel stated in oral
evidence that they broke up around late February. Rachel stated that Sean was
kneeling next to the bed upset and crying. He said that he could not be in a
relationship with her anymore because there was something he needed to do but he
didn’t want to. He did not discuss what it was that he needed to do. Rachel
explained in oral evidence how Sean was a real gentleman. In my view, the
circumstances of Sean’s break up with his girlfriend a month prior to his
disappearance is not an indication that Sean was making preparations to
disappear or that he was suicidal. It is clear that Sean became very close with
Rachel in a very short period of time (around five weeks) and he would not have
wanted to hurt her. Sean was about to get much busier with his university
studies, Army Exercises, and a possible deployment to East Timor (although it is
unclear whether he was on notice to deploy at the time of his disappearance).
39. On or around 12 March 1999 (a week prior to his disappearance), Sean had
a conversation with Andrew Juniper at the Commanders Mess over dinner. Andrew
stated that Sean said to him that he:
a. was "
not exactly happy with
his managerial role in the Army";
b. "
he preferred to get his hands
dirty";
c. he "
could not understand why
anyone would commit suicide as there were more things to do in life - even to go
fruit picking"; and
d. "
suicide was a cowards way
out" and it was "easy just to change your name and disappear, even go overseas".
Sean’s comments about suicide were in the context of conversation about
another Army member who had committed suicide. Andrew Juniper’s interpretation
of these statements should be accepted. He considered that these were statements
of support by Sean and that he believed them to be a genuine reflection of
Sean’s view that suicide was not a reasonable solution to personal problems.
40. Also on or around 12 March 1999 (a week prior to his disappearance), Sean
met up with Benjamin Snelling for drinks at the Down Under Bar in the city.
According to Benjamin, Sean told him that he was not happy with his duties in
the Army or with the delegation process in the Army. This would appear to be
consistent with the issues raised by Sean with his friend Andrew Juniper around
the same time. However, neither Andrew nor Benjamin were of the opinion that
Sean was seriously unhappy in the Army. It would appear that this was no more
than an expression of low-level workplace frustration, no more than you would
usually expect during a social gathering with a friend.
41. Sometime in the week prior to his disappearance, Sean contacted his
ex-girlfriend, Rachel Kayrooz, and Andrew Juniper and arranged to catch up with
them separately over the weekend that he disappeared, but never
Findings of inquest into the disappearance of Sean Sargent 9
did. This indicates, in my view, that Sean had future plans.
42. On 16 March 1999 (three days before his disappearance), Sean’s phone
records indicate that he phoned an ‘02’ phone number for a duration of 110
seconds. The phone number was traced to a ‘Wesley Divall’, who was operating a
floor sanding business in Plumpton, New South Wales, at the time. The
significance of this phone call was that it was the only phone call made from
Sean’s mobile phone in the two weeks prior to his disappearance. Wesley Divall
denied that he knew Sean and that they had a phone conversation. In my view,
there is no reasonable connection between Sean’s disappearance and this phone
call. However, it is unlikely that Sean would have called an incorrect phone
number or left a phone message, given the length of the phone call and the cost
of mobile phone calls in 1999. Police checks indicate that the phone call would
have been made at or near Enoggera. One possible explanation is that Sean leant
his mobile phone to someone on base, who needed to make an interstate phone
call.
43. On 18 March 1999, the day before Sean’s disappearance, he drew a cheque
for $1,665 from his Defence Force Credit Union bank account payable to the
University of Southern Queensland in relation to his continuing studies he had
also paid for university books on 25 and 27 February 1999 for $80.90 and
$69.90). Sean was in overdraft of $1,963.30 at the time of his disappearance.
This is almost entirely attributable to the cost of his university studies. This
indicates that Sean was continuing to take his future study and career
progression seriously, and that he had future plans.
44. Incidentally, on 18 March 1999, it appears that Sean also ordered a new
Visa Card from the Defence Force Credit Union at a cost of $5.00. Again, a
person without future plans does not usually go to the effort of ordering in a
new bank card on the eve of their disappearance.
The night before Sean’s disappearance (19 March 1999)
45. On the night prior to Sean’s disappearance on Friday 19 March 1999, a
receipt from the Regatta Hotel shows that he purchased a bottle of (an unknown
quantity) Vodka and a 1L bottle of Coke at the Regatta Hotel at 8:04pm.
46. It would appear that he then drove to his school friend, Benjamin
Snelling’s house, at 52 Orchard Terrace, St Lucia, where a party was being held.
Given the short distance, Sean would have arrived at Benjamin’s house by around
8:20pm.
47. It does not appear that Sean was overly familiar with the area. It was
the first time he had been to Benjamin’s house. Before he left, he had borrowed
his housemate’s ‘Brisways’ Street Directory, because the St Lucia section in his
directory was missing.
Findings of inquest into the disappearance of Sean Sargent 10
48. Around 15 to 20 people were in attendance at Benjamin’s party, but it
does not appear that Sean knew anyone there except Benjamin.
49. Sean was observed by Benjamin as being "somewhat excited" and the "life
of the party". Another housemate, Anna Van Geuns, also stated that Sean was
"quite talkative and telling lots of stories". He was "quite animated" whilst he
was talking, and seemed to be in good spirits. He didn’t seem to be heavily
drunk.
50. Ann Van Guens was also at Benjamin’s party. She stated that she
remembered that at one point in the night, when Sean was telling lots of
stories, he used the word ‘AWOL’ (ie. absence without leave). She cannot
remember the context in which he used the word, as in she does not know if he
was talking about something that had happened, or was going to happen. She
believes Sean was joking about himself going AWOL.
51. At about 11:00pm, Sean and three others: Benjamin Snelling; Alicia King
(Benjamin’s girlfriend at the time); and Adam O’Donnell (a close friend of
Benjamin’s), drove to a second party at 260 Hawken Drive, St Lucia. Adam
O’Donnell drove in his pink Kombi van as he was not drinking that night.
52. The second party was at a share house where a friend of Benjamin
Snelling’s, Carsten Neilson, lived.
53. On the way to the second party, Benjamin stated that Sean attempted to
kiss and cuddle his girlfriend, Alicia King. Adam pulled over the car and
Benjamin sat in between Alicia and Sean. Benjamin provided an odd explanation in
oral evidence as to why this incident didn’t annoy or upset him at the time. He
stated that he just thought that Sean might have been displaying affection
towards him by being affectionate to his girlfriend. Benjamin stated that the
only reason he intervened was because Alicia was complaining. Alicia stated that
due to the passage of time and her alcohol consumption at the party, she does
not recall going to the second party, nor the incident in the car. She stated
that Benjamin was not the jealous type, nor was he aggressive.
54. They arrived at the second party at St Lucia at about 11:15pm but they
only stayed there for around 15 minutes because Sean got into an altercation.
55. There were around 100 people at the party. It would appear that the cause
of the altercation was that Sean had picked up one of two heavy statue lions
(weighing around 15 – 20kg) from the front porch of the residence and placed it
on top of a front fence post. When Sean was asked to return the statue by a
resident, Cameron Forster, he allegedly head-butted Cameron. He was subsequently
wrestled to the ground by up to four male persons. The altercation was broken up
by Adam O’Donnell and another resident of the house, Richard Harvey.
Findings of inquest into the disappearance of Sean Sargent 11
56. Cameron Forster was an Army reserve member and it would appear that a
number of Army reserve personnel from the Queensland University Regiment (QUR)
were also in attendance at the second party. The military police followed up
with QUR members at a parade the night after Sean’s disappearance, however, no
statements were taken and if notes were taken, they cannot be located. It does
not appear that anyone knew Sean at the second party.
57. Sean, Adam O’Donnell, Benjamin Snelling and Alicia King drove back to
Benjamin’s house and arrived at around 11:45pm.
58. Benjamin Snelling stated to police that when they returned to his house,
they all sat on the balcony and had a drink of water. Sean appeared "very
introverted" and commented that he "couldn't understand how the incident
happened". Benjamin stated that he and his girlfriend, Alicia, went inside to
listen to some music. Sean and Adam O’Donnell remained talking on the balcony
and then later left. However, Benjamin did not actually see them leave.
59. Adam O’Donnell died through suicide in November 2002 and police did not
obtain a statement from him. However, during a phone conversation with the
police on 10 April 1999, he informed them that the night of 19 March 1999 was
the first time he had met Sean. He stated that at about midnight, he left
Benjamin Snelling’s house to drive home. He was about to start his car when Sean
walked past. He was aware that Sean was "depressed". He said to Sean: "These
things happen (ie. the fight). Forget about it". He also told Sean that he
should not drive due to his intoxication. Sean then replied that he would have a
"sleep in his vehicle".
60. Adam O’Donnell advised police that he didn’t see Sean return to his car,
nor did he see him drive off. In fact, he did not see Sean’s car at all that
night. Adam then drove home.
61. It would appear that over the course of the night, Sean consumed at least
half a bottle of a 750mL to 1L bottle of Vodka. This appears so from Benjamin’s
oral evidence that he found a half empty bottle of Finlandia Vodka in his
kitchen the next morning. He stated that he remembered this because university
students didn’t usually drink Finlandia Vodka, and he finished the rest of it
off. The QUR Army Reserve members spoken to by the military police stated that
Sean had "virtually consumed" the whole bottle of Vodka. It would also appear
likely that there was marijuana use at Benjamin’s house that evening, however,
no evidence that Sean participated.
62. I note that at the time of Adam O’Donnell’s death, he was in a
relationship with a transsexual girlfriend. Further enquiries were made in
relation to Adam O’Donnell’s sexuality due to the rumour that Sean was living a
double life as a homosexual, and the fact that he and Adam were last seen
leaving the party together. However, according to Adam O’Donnell’s transsexual
girlfriend, Adam did not begin to explore his sexuality until
Findings of inquest into the disappearance of Sean Sargent 12
sometime after Sean’s disappearance.
63. Sean’s colleague and housemate was home all day on Saturday 20 and Sunday
21 March 1999 but Sean did not return home. His housemate did not consider this
unusual because Sean would often be gone for the entire weekend. He was,
however, concerned when Sean did not return on Sunday evening because he would
usually be home by then, so as to prepare for the next day.
Discovery that Sean was missing on 22 March 1999
64. On Monday 22 March 1999, Sean did not report to duty at 1Joint Support
Unit at Enoggera Army Barracks. This was out of character for him as he always
reported to duty on time and did not take many sick days.
65. The military police conducted initial enquiries, and when they failed to
locate Sean, they reported him missing to the civilian police at about 4:00pm on
22 March 1999.
66. An Army warrant was subsequently issued for Sean’s arrest on the basis
that he was allegedly ‘Absent Without Leave’ from his place of duty. This was as
per the usual military processes.
67. Sean’s family was never advised by the Army that there was a warrant out
for Sean’s arrest.
Allegation that Benjamin Snelling went back to barracks with Sean on the
night of his disappearance
68. Sergeant Hayes and another Detective from the Missing Persons Bureau
attended the residence of the second party (260 Hawken Drive, St Lucia) on 6
September 1999 and spoke with a resident, Trinity Gilmore. Trinity advised
police that that her housemate, Kate Bamberry, had spoken to Benjamin Snelling
on the phone three or four weeks ago (ie. between 9 – 16 August 1999) and
Benjamin had inferred that Sean had been located.
69. This appears to have prompted police to make contact with Kate Bamberry.
Kate Bamberry was not home, so they left a message for her to call them on 6
September 1999. Kate Bamberry returned their phone call on 7 September 1999.
According to Sergeant Hayes’ handwritten notes, Kate advised him that she had a
telephone conversation with Benjamin and they were discussing the possibility of
Kate moving in to his house. Kate said to Benjamin that she was very sorry about
Sean being reported missing. Kate alleged that Benjamin replied:
a. "Oh
yeah, but I am over that
now. There’s a lot of issues that people don’t know about. Look, after the party
we went back to the Army Barracks and I was with Sean".
Findings of inquest into the disappearance of Sean Sargent 13
70. Kate Bamberry (now Gubanyi) provided two statements to the police and
oral evidence at the inquest. Whilst she could not recall Benjamin ever asking
her to move in, she accepted that he might have. She stated that she would not
have moved in with him because she already had a residence. She was not in a
relationship of any kind with Benjamin. She stated in oral evidence that they
had only met twice - once at the party at her house on 19 March 1999 and another
time at a party one to six months later (ie. between 19 April and 19 September
1999).
71. Kate stated that at the party one to six months after 19 March 1999,
Benjamin said to her:
a.
"There is more that meets the
eye"; or
b. "
There is more to the story",
when referring to Sean’s disappearance.
72. Kate explained that at that stage she was studying journalism at the
University of Queensland. She was particularly interested in the story of Sean’s
disappearance because she and another girl, Denise Noblet, had produced (or were
about to produce) a five-minute ‘video report’ about his disappearance.
73. Kate stated that at the party where the conversation took place, Benjamin
did not have a girlfriend with him. She thought that what he said might have
been true or that he was just a ‘bit flirty’ and just trying to impress her to
get attention. She agreed that she must have exchanged phone numbers with
Benjamin, however, she was not romantically interested in him, just in the
story.
74. Kate Gubayani presented as a credible and reliable witness and there was
no reason for her to lie.
75. However, Benjamin Snelling has consistently denied to the police that he
ever said to Kate Bamberry that he went back to barracks with Sean. He has also
always denied that he ever went back to barracks.
76. In oral evidence at the inquest, Benjamin was initially confused about
who Kate Bamberry was. However, when the potential link between Benjamin’s
friend, Carsten Nielsen, and Kate Bamberry was explained to him, he conceded
that he might have said to Kate that he went back to barracks with Sean.
However, he denied ever going back to barracks. When asked why he would have
made the story up if he did not actually go back to barracks with Sean,
Benjamin’s explanation was that he would have done so to get the pressure off
him. He was sick of everyone asking him what had happened to Sean. This was yet
another odd response from Benjamin. He must have known that telling a journalist
student that he went back to barracks with Sean and that there was more to the
story, would create intrigue and bring attention to him, not take the pressure
off him. Benjamin denied that he made up the story to impress a girl.
Findings of inquest into the disappearance of Sean Sargent 14
77. Benjamin Snelling’s girlfriend, Alicia King, has a limited memory of the
evening of 19 March 1999 due to her alcohol consumption. She could not rule out
the possibility that Benjamin left his house between midnight and the next
morning, because her usual habit was to pass out and go to sleep. She did state,
however, that Benjamin must have been in bed with her when she would have woken
up (around mid morning) because it would have been unusual if he wasn’t and she
would have remembered that.
78. There is no evidence that Benjamin Snelling went back to barracks with
Sean after he left Benjamin’s house in the early hours of 20 March 1999.
Benjamin, however, was not a credible witness and he seemed to treat the inquest
process as a game. He was evasive with his answers and his claim that he was
genuinely concerned for his friend after his disappearance did not line up with
his actions leading up to the inquest and his attitude in court. For example, he
initially refused to sign his last statement after spending hours with the
police, claiming that he was sick of signing his signature. At the end of his
oral evidence in court, he asked whether he could keep the coronial documents he
had been taken to during his evidence as a ‘souvenir’. When he was told no, he
asked if he could keep the plastic water cup.
79. Further, Benjamin’s responses to why he would have made up the story that
he went back to barracks made no logical sense. However, whilst Benjamin
presented as a very odd character, he has no criminal history and he does not
appear to be the violent or jealous type. It is unlikely, in my opinion, that he
was involved in any foul play on the night of 19 March or early morning of 20
March 1999. Benjamin was merely an attention seeker. His actions caused the
police unnecessary work and Sean’s family unnecessary distress.
Unsubstantiated rumours that Sean was homosexual and leading a ‘double life’
80. Central to the theory by initial civilian police and military police
investigators that Sean was still alive, was their belief that Sean was
homosexual, leading a ‘double life’, and that he had fled because it was too
difficult to remain in the Army as a homosexual.
81. The basis for this belief appears to have been:
a. A rumour within the Army that Sean and one of his best Army friends,
Andrew Juniper, were in a homosexual relationship;
b. An alleged conversation that a homosexual, Sean Mann, had with a man
matching Sean Sargent’s description at the Sportsman’s Hotel in Spring Hill
about the difficulties of being gay in the Army, two weeks after Sean’s
disappearance;
c. Some friends and family stating that Sean would occasionally go out
Findings of inquest into the disappearance of Sean Sargent 15
to gay bars / nightclubs;
d. That Sean had won a ‘gay porn’ magazine at a novelty bingo night that he
attended with his girlfriend, and took the magazine back to Barracks and left it
in the store room near his accommodation; and
e. Some friends and family indicating that although they had never known Sean
to be homosexual and that he had plenty of girlfriends, they could not rule it
out.
82. However, there is no evidence that Sean was homosexual or living a double
life because:
a. The rumour within the Army was started by one person and that was the
initial police military investigating officer, Sergeant Darren Cripps. Darren
Cripps could not name his source and he conceded that he had no evidence to
support the rumour, yet he still reported his belief to the Missing Person
Bureau that Andrew Juniper and Sean were gay on 28 April 1999;
b. Sean and Andrew Juniper were clearly not in a homosexual relationship.
Darren Cripps conceded in oral evidence that he had no evidence to support the
rumour. Andrew Juniper strongly denies that he is, or was ever, a homosexual and
he denies being in a homosexual relationship with Sean. Darren Cripps should
have known this because military police records indicate that he spoke with
Andrew at his residence on 24 March 1999 and there was ‘nothing to report’.
Andrew is married to a female. He and Sean were simply good friends of similar
ages who both resided in the Commanders Mess and frequently socialised together.
Andrew was a credible and reliable witness;
c. Sean Mann was not a credible or reliable witness. Therefore, his alleged
sighting of Sean and their conversation, cannot be relied upon (this will be
discussed further below);
d. Although Sean may have sometimes gone to gay bars / nightclubs, this did
not mean that he was homosexual. There was ample evidence that he frequented a
number of heterosexual pubs and nightclubs. The only evidence of him attending a
gay club was with one of his ex-girlfriends, and this was for a weekly comedy
bingo night, at her insistence;
e. Taking a ‘gay porn’ magazine back to Barracks and leaving it in the
Storeroom at the Commander’s Mess in 1999, is a reflection of Sean’s quirky
sense of humour, not his sexuality. Friends have explained that this is exactly
the sort of thing Sean would have done to stir up some of the more senior
officers who would not have been comfortable with homosexuality in the Army in
1999. If Sean really was leading a double life and hiding his sexuality, he
would have
Findings of inquest into the disappearance of Sean Sargent 16
hidden the magazine in his room, not for all to see in a public Storeroom;
and
f. Sean had numerous girlfriends and it was clear that he was attracted to
women. All of his ex-girlfriend’s interviewed during the course of the
investigation were of the view that he was very much heterosexual. Sean had a
number of images stored on his personal computer of a heterosexual pornographic
nature. There were no images or internet searches of a homosexual nature.
Unsubstantiated rumours that Sean was on steroids
83. The initial military police investigator, Sergeant Allan Williams,
advised the civilian police Missing Persons Bureau on 12 April 1999 that he
suspected that Sean was
"using
steroids and working out in a gym because he was gaining muscle mass very
quickly".
84. In oral evidence, Darren Cripps could not name his source. He conceded
that there was no evidence at all that Sean was using steroids and that it was
just gossip and hearsay.
85. A number of friends and family were asked to comment on whether Sean ever
took steroids and it is clear that he did not.
Sighting by Sean Mann at the Sportsman Hotel, Spring Hill, on evening of 31
March 1999
86. After a story about Sean’s disappearance was aired on the TV show
'Australia's Most Wanted' in April 1999, as well as other media reporting, a few
witnesses came forward with alleged sightings of Sean.
87. On 16 April 1999, the civilian police received a call from 'Australia's
Most Wanted', stating that a person by the name of Sean Mann, residing at
Graceville in Brisbane, had contacted the show advising that he had a long
conversation with Sean Sargent at the Sportsman Hotel on 31 March 1999 (two
weeks after Sean's disappearance).
88. On 25 June 1999, the civilian police were contacted by Sergeant Bere from
the military police, who stated that he had interviewed Sean Mann and that he
had definitely identified Sean Sargent as the person he had drinks with on 31
March 1999 at the Sportsman Hotel. Sergeant Bere kept notes of their
conversation, indicating that Sean Mann had been drinking with Sean Sargent for
approximately 2.5 hours. Sean Mann also provided a description of what Sean
Sargent was wearing.
89. On 1 July 1999, police were contacted by a Sergeant Williams from the
military police revealing further information from Sean Mann. Sean Mann informed
them that Sean Sargent was involved with another male who had a connection to
the Newtown area of Sydney. He also stated that
Findings of inquest into the disappearance of Sean Sargent 17
Sean Sargent frequented the 'Options nightclub' and the 'Sportsman Hotel' in
Spring Hill.
90. On 6 September 1999, Sergeant Hayes interviewed Sean Mann at a café in
Graceville. Sean Mann stated that he was homosexual and he confirmed that he had
drinks with a man matching Sean Sargent’s description at the Sportsman Hotel at
Spring Hill on the evening of 31 March 1999 for around two and half hours.
91. Sean Mann recalled that the man’s first name was Sean because they both
had the same first name. Sean Mann stated that the male person said to him that
he was in the Army and he was gay and that it was difficult being gay in the
Army. He stated that the man said to him that he was a binge drinker and that it
ran in the family. He noticed that the man was "very toey" and "not mentally
stable" and he tried to calm him down. He stated that the man remained at the
Sportsman Hotel, drinking alone, when he left that evening.
92. In my view, Sean Mann was not a credible or reliable witness because:
a. Sean was never shown a photo board or similar by the police at the time.
He was relying on photos and footage in a TV show;
b. Sean would consume around 20 – 30 rum and cokes in an evening at the
Sportsman’s Hotel. This brings into question the accuracy of his recollection of
events;
c. Sean had a history of heavy drug use (further details about this are
subject to a non-publication order);
d. Sean had a criminal history in relation to a fraud matter (further details
about this are subject to a non-publication order);
e. Sean professed in oral evidence to have a particular skill in identifying
features and he explained that was how he was able to recognise Sean Sargent.
However, he could not indicate any particular features that he recognized about
Sean Sargent, including the possibility of scarring from previous burns as a
child;
f. Sean seemed to have an agenda in terms of his perception that the Army was
unwilling to acknowledge that they had homosexuals in their organisation in
1999. Sean Mann was an openly gay man and his father was a Colonel in the Army.
In oral evidence, he seemed to constantly turn the conversation back to him and
his upbringing during oral evidence, which indicated that he may well have been
an attention seeker; and
g. In any event, Sean Mann conceded that it was possible that he in fact met
the man he thought was Sean one to two weeks prior to his disappearance. There
was nothing significant about 31 March 1999
Findings of inquest into the disappearance of Sean Sargent 18
that made him certain his sighting was on that date.
Sighting by Kevin Jones at Suffolk Park, NSW, on 15 April 1999
93. On Sunday 18 April 1999, a newspaper article regarding Sean’s
disappearance was published in the Sunday Mail. A Byron Shire Ranger, Kevin
Jones, recognised the photo of Sean Sargent and contacted the civilian police
Missing Persons Bureau on Monday 19 April 1999.
94. Kevin Jones stated that he attended to an illegal camper matching Sean’s
photograph on Thursday 5 April 1999 out the back of the Crosby Caravan Park at
Suffolk Park (now known as the ‘Byron Holiday Park’), at Byron Bay.
95. Kevin Jones provided two statements to police in 2016 and 2017. He also
provided oral evidence at the inquest via video link. It is important to note
that prior to Kevin’s employment with the Byron Shire Council, he was a general
duties police officer with the New South Wales police force for 31 years,
reaching the rank of Senior Sergeant, and a member of the Army Reserve (the then
Citizen Military Force) for 20 years, reaching the rank of Warrant Officer Class
2. In his prior capacity as a police officer, he had conducted a number of
investigations. In his capacity as an Army Reserve member, he had significant
experience training soldiers in the use of firearms and in field activities.
96. Kevin Jones provided the following information:
a. The campsite was immaculate and hidden in dense vegetation about 50m from
the outside of the caravan park fence. However, there was a fireplace set up,
suggesting that the man was not trying to conceal his location at night;
b. In his oral evidence on 12 May 2017, Kevin stated that he could not recall
whether it was a properly constructed tent or whether it was "that blue…stuff
stretched out to look like a tent". However, in his addendum statement dated 8
June 2017, Kevin stated that the shelter was made of blue plastic, open on both
sides and about six foot off the ground. Kevin has always stated that there was
a mosquito net;
c. There were scratch drains dug in around the campsite to drain any water
away from the shelter if it rained;
d. In his oral evidence on 12 May 2017, Kevin stated that he was about five
to six feet away from the mosquito net when he had a five-minute conversation
with the man. The man was lying down, with his feet towards Kevin and his head
furthest away. He stated that he could not recall how the man was laying on the
bed but he could see his face, even though the shelter also casted a shadow over
him.
Findings of inquest into the disappearance of Sean Sargent 19
However, in his addendum statement dated 8 June 2017, Kevin stated that the
male was propped up lying underneath the shelter. He thought that the man may
have been sitting against a tree or a shrub but he could not remember;
e. Kevin introduced himself and told the man that he was camping illegally.
In his statement dated 30 December 2016, Kevin stated that he gave the man 24
hours to vacate, or he would receive a fine. However, in his addendum statement
dated 8 June 2017, Kevin stated that he gave the man three days to vacate;
f. During their short conversation, the man said something about being in
trouble in Queensland and indicated that he had been camping there for about two
months. However, as the New South Wales Easter school holidays were from 2 – 18
April 1999, Kevin stated that the area would have been regularly patrolled, so
the man could not have been at the site any more than seven to ten days without
being discovered;
g. The man stood out to Kevin for a number of reasons. Initially, he
remembers thinking that he had some military experience due to the way that the
campsite had been set up and his physical appearance. He was different to most
illegal campers that he dealt with in that he was clean-shaven, looked after
himself and he was respectful;
h. Kevin cannot recall what camping equipment he had but he can recall that
the man had a fairly new looking black coloured mountain bike that he had up
against a tree. Kevin did not see a vehicle in the vicinity but he considered
that the man would have required a vehicle due to the amount of camping
equipment he had. Vehicles could only be driven up to the gates around 50m away;
and
i. On 19 April 1999, Kevin accompanied Detective Senior Sergeant Ron Brown
from the Byron Bay Criminal Investigation Branch to the campsite but the man had
left. The campsite was immaculately cleaned up. It was, however, obvious that
there had been a campsite there due to flattened vegetation.
97. I note that Sean was not known by his friends or family to ride bicycles
and he does not appear to have owned one at the time of his disappearance.
Sean’s sister was also of the opinion that he was unlikely to have gone camping
because although they did a lot of camping growing up in regional Australia,
Sean showed little interest in camping later in life. However, this is in
potential contrast with the statement of one of Sean’s ADFA friends, Andrew
George. Andrew stated that whilst at ADFA, he was aware that Sean went hunting,
rock climbing and camping around the Canberra and Brisbane areas, but he was not
sure how often.
98. I also note that in the week prior to Sean’s disappearance, Sean’s
ex-girlfriend, Rachel Kayrooz, mentioned in a telephone conversation with him
that she had been camping to Byron Bay with friends, and Sean
Findings of inquest into the disappearance of Sean Sargent 20
mentioned that it was nice there. This indicates that Sean may have been
familiar with the Byron Bay area.
99. There was also a failed transaction on Sean’s Defence Force Credit Union
bank card on 15 April 1999, where the user had entered the incorrect pin. The
incorrect PIN had been entered twice before on Sean’s bank card prior to his
disappearance, so it was not necessarily unusual for Sean to forget his PIN.
However, the location of this transaction, and the person who attempted to use
Sean’s bank card, is unknown.
100. In my view, although Kevin Jones was a credible witness, his
identification evidence cannot be relied upon because:
a. He was never shown a photo board or similar by police at the time. He was
relying on a single photo in a newspaper article;
b. He was a reasonable distance away from the man when he spoke with him;
c. they were talking through a mosquito net, which would have obstructed his
view;
d. the shelter had cast a shadow over the man’s face;
e. the man’s face was furthest away, and the man appears to have either been
fully lying down or significantly reclined;
f. there was nothing necessarily unique about the campsite that put beyond
doubt that it was an army person, or Sean Sargent; and
g. there were inconsistencies in key pieces of information provided by Kevin.
Findings of inquest into the disappearance of Sean Sargent 21
Sighting by Francis Duggan, near Gilgandra, New South Wales, between late
April and 11 June 1999
101. On 14 June 1999, a truck driver, Francis Les Duggan (known as ‘Les’),
contacted police and advised them that towards the end of April 1999, he was
driving between Warren and Gilgandra in New South Wales, when he met two male
persons at a roadside stop. He had seen a TV show about Sean Sargent’s
disappearance and he believed one of the male persons he had met on the road
side was Sean.
102. There are far too many inconsistencies in Les’ statements and oral
evidence to place any reliance on his identification evidence. Examples include:
a. In Les’ phone conversation with the Missing Persons Bureau on 14 June
1999, he is recorded as saying that he was "not sure of the type of vehicle".
Whereas, in Sergeant Bere’s notes relating to a phone conversation he had with
Les on 25 June 1999, Les is recorded as saying it was a "blue Falcon sedan".
Whereas, in Les’ statement dated 8 June 2017, Les stated that it was either a
"green or blue Falcon station wagon, EF model, and manufactured between 1995 and
1998. He stated that he knew this because he was familiar with Ford Falcons,
having done a lot of work on them. I note that the vehicle that Sean owned at
the time of his disappearance was a 1992, blue Ford Falcon, X/EB model;
b. In Les’ phone conversation with the Missing Persons Bureau on 14 June
1999, he is recorded as saying that the vehicle "definitely had Qld plates". In
Sergeant Bere’s notes relating to a phone conversation he had with Les on 25
June 1999, Les is again recorded as saying that they were "Qld regn plates".
Whereas, in Les’ statement dated 8 June 2017, Les stated that he didn’t see the
registration plate as the tailgate was down. He confirmed this in his oral
evidence during the inquest;
c. In Les’ phone conversation with the Missing Persons Bureau on 14 June
1999, he is recorded as saying that the sighting was "towards the end of April
1999". According to information Sergeant Bere provided to the Missing Persons
Bureau on 25 June 1999 after his telephone conversation with Les, the sighting
was the "end of April" but the "exact date was unknown". According to Sergeant
Bere’s notes, Les had stated that the logbook of the vehicle he was driving on
the night in question was not available at that time but he was going to confirm
the date with Staff Sergeant Williams early the following week. Whereas,
according to Les’ statement dated 8 June 2017 and his oral evidence, he did not
keep a logbook. He also provided evidence which would indicate that his sighting
was on 11 June 1999. (This was deducted from his statement that he saw a media
report about Sean Sargent’s disappearance and recognised them as the men he had
seen two days earlier. He then reported his
Findings of inquest into the disappearance of Sean Sargent 22
sighting the next day. His first report was on 14 June 1999); and
d. For the first time, Les provided additional evidence in his statement
dated 8 June 2017, that one of the men introduced himself as ‘Sean’ and that
Sean said he worked in "satellite communications or technology". This
information was provided after Les had been viewing media reports on the
internet about Sean’s disappearance, which would have contained this
information.
103. Given the clear unreliability of Les’ evidence, I will not elaborate any
further on Les Duggan’s recollection of his conversation with the men on the
side of the road.
Attempted use of Sean’s bank card on 15 April 2017
104. On 15 April 1999, over three weeks after Sean’s disappearance, there was
a failed attempt by an unknown person in an unknown location to purchase
something with Sean’s Defence Force Credit Union Visa savings card. The
incorrect PIN was entered and Sean’s account was charged $2.00.
105. I note that prior to this, an incorrect PIN had been entered using
Sean’s Visa savings card twice before. Once on 4 March 1998, after which Sean
appears to have ordered a replacement card. And again on 3 March 1999, a couple
of weeks prior to Sean’s disappearance.
106. On 18 March 1999, the day before Sean’s disappearance, he ordered a
replacement Visa card. However, Sean did not receive his replacement card prior
to his disappearance. It is unknown why Sean ordered a new Visa card. It could
have been because he forgot his PIN (because in 1999, there was no ability to
reset the PIN using the same card) or it could have been because his card was
lost or stolen.
107. It is unknown whether Sean had his Defence Force Credit Union Visa card
with him on the night of his disappearance because he did not make any
transactions with it. His purchase of the Vodka and Coke was on his NAB card (as
confirmed by NAB to the Missing Persons Bureau on 6 April 1999).
108. If Sean’s card had been lost or stolen a couple of weeks prior to his
disappearance, that may explain the attempted use of his Visa card on 15 April
1999. It is also of course possible, that he misplaced his card on the night of
his disappearance. He was drinking and moving between parties. He was also
involved in a scuffle, at which time he may have lost his wallet or card.
109. I note that the Defence Force Credit Union Visa card in 1999 looked very
similar to a credit card and Sean’s signature would have been on the back of the
card. A person who found or stole Sean’s card may have attempted to make a
purchase with the card, thinking that it was a credit card, and
Findings of inquest into the disappearance of Sean Sargent 23
that they could fraudulently sign for it. However, they would have instead
been asked to enter a PIN by the shop attendant. So as not to draw unnecessary
attention, they may have attempted the PIN. Upon realising that it was a debit
card and not a credit card and that a PIN was required, they may not have
bothered attempting to use the card again.
The military police investigation
110. A military police investigation was conducted into Sean’s disappearance
because he was alleged to have been ‘absent without leave’ (AWOL) and the Army
was also concerned about his welfare. It was unusual for officers to go AWOL and
it was out of character for Sean not to report to work.
111. There is no evidence that that military police had ‘stonewalled’ the
civilian police, as suggested by Detective Senior Sergeant Maxwell. It is clear
that the military police and civilian police (in particular the Missing Persons
Bureau) were working closely together, and sharing information, in order to
locate Sean.
112. A dot point brief was faxed by the military police to the Missing
Persons Bureau on 5 April 1999. According to the brief, Sergeant Darren Cripps,
as the initial sole military police investigator, took the following action on
the first day Sean did not report to work (22 March 1999). He:
a. Contacted the Ferny Grove police, but there was nothing to report;
b. Contacted all public hospitals, but there was nothing to report;
c. Tried to phone Sean’s mobile phone number but to no avail;
d. Attempted to gain access to Sean’s mobile phone records from his mobile
carrier, but were informed that only civilian police could obtain such records;
e. Received information from Sean’s housemate that Sean attended a party on
the Friday night with a friend named Benjamin Snelling;
f. Attended the Ferny Grove Police Station and filed a Missing Person's
report;
g. Confirmed with the civilian police that no unidentified persons had been
injured or found;
h. Contacted all hospitals again, but there was nothing to report;
i. Contacted all ‘Snellings’ in the phone book;
j. Contacted the Mackay police, but there was nothing to report;
k. Contacted all Mackay hospitals; and
Findings of inquest into the disappearance of Sean Sargent 24
l. Contacted AM Radio stations to check whether they had broadcasted any news
regarding an unknown male person admitted to hospital, but there was nothing to
report.
113. Sergeant Cripps continued his efforts to locate Sean between 23 to 25
March 1999, as follows:
a. Obtained information from Sean’s housemate in relation to Sean’s previous
housemates;
b. Contacted Sean’s previous housemates by phone and left a message;
c. Liaised with the Ferny Grove Police to conduct a search of Sean’s bank
accounts;
d. Conducted a search of Sean’s office, but there was nothing to report;
e. Obtained Benjamin Snelling’s residential address from the Ferny Grove
Police but it was incorrect, so they attended the security office and gym at the
University of Queensland to find his address. Again, the address provided to
them was incorrect. When they received the correct address from police, they
attended Benjamin’s residence and questioned him. They ascertained that Sean had
been involved in an altercation with another person at a party at St Lucia on 19
March 1999, then returned to Benjamin’s house, and was last seen by Adam
O'Donnell.
f. Attended Adam O'Donnell's residence but he was not home;
g. Attended the Royal Exchange Hotel a couple of times, but there was nothing
to report;
h. Attended the Down Under Bar in the city, but there was nothing to report;
i. Attended the location of the second party where the altercation occurred
on 19 March 1999 (at Hawkins St, St Lucia). They interviewed the tenants and
confirmed that Sean had been involved in the altercation but that he did not
appear injured when he departed the premises;
j. Received information (from an unnamed source) that Sean may contact a
friend and ex-ADF member, Andrew Juniper;
k. Attended Andrew Juniper's address and questioned him, but there was
nothing to report; and
l. Conducted surveillance of Sean’s residence from 23 - 24 March 1999.
Findings of inquest into the disappearance of Sean Sargent 25
114. It was not formally listed as a task conducted, but Darren Cripps also
stated in oral evidence that he had conducted surveillance on Andrew Juniper’s
residence, in case Sean Sargent went there.
115. On 24 March 1999, Sean’s Commanding Officer wrote a letter to Sean’s
father advising him that they were doing everything they could to locate Sean
and to ensure that he was safe and well. The Commanding Officer requested Sean’s
father to notify the Army of his son's location if he became aware of his
whereabouts and to encourage him to return to his unit.
116. On 25 March, as per usual processes, Sergeant Cripps began preparing a
warrant for Lieutenant Sargent's arrest under the Defence Force Discipline Act 1982. It
is unclear when the warrant was issued but it would have been issued soon after.
117. In early April 1999, Staff Sergeant Allan Williams (who was later
promoted to Warrant Officer Class 2) and Sergeant Thomas Bere, took over from
Sergeant Cripps and conducted the military police investigation jointly.
118. A further three briefs were prepared for the military chain of command
by the military police and they are our only record of what occurred. I obtained
a few pages of handwritten notes but all military police officers claim that
they kept further notes and documentation in an investigation file, with a
specific folio (section) relating to Sean Sargent. Defence has been unable to
find these additional records.
119. According to an unsigned and undated dot point brief Staff Sergeant
Williams and Sergeant Bere took the following action in May 1999:
a. Liaised with Sergeant Hayes from the Missing Persons Bureau;
b. Arranged for the Australian Federal Police to conduct a search at the
Brisbane Airport for Sean’s vehicle at the long and short term car parks of the
International and Domestic Airline areas;
c. Visited hotels and clubs in the Brisbane and Gold Coast areas, including
nightclubs Sean was known to frequent such as 'City Rowers'. Tom Bere advised in
oral evidence that this also included the Sunshine Coast, and he would go to the
clubs at nighttime, after notifying the relevant civilian police superintendents
that he was in the area. He would go out sometimes until 2:00 or 3:00am in the
morning flashing Sean’s photo around and looking for him;
d. Spoke with friends of Sean’s, Lieutenant M. Macpherson from the School of
Army Aviation and Lieutenant B. Witham from 7 Sig Regt. It was noted that both
officers were genuinely concerned that Sean could not be located;
Findings of inquest into the disappearance of Sean Sargent 26
e. Attended the residence of Sarah Forbes at Clayfield and recovered property
belonging to Sean, for dispatch to his family in Mackay;
f. Attended Sean’s residence;
g. Advised Queensland Transport of Sean’s disappearance and arranged for a
'block of registration' to be placed on his vehicle;
h. Obtained a list of the names of graduates from Sean’s officer training
course and sent it to Detective Senior Sergeant Maxwell at the Indooroopilly
police station (this list has not been mentioned anywhere in the civilian police
reporting, nor was it provided to me); and
i. Arranged for two military police members to search the Condamine
adventurous training area (Mt Superbus and surrounding areas) where Sean had
been looking at for a future training exercise.
120. Tom Bere also stated in oral evidence that he and Staff Sergeant
Williams conducted a search on foot in May 1999 of the scrub, bush land and
surrounds in the St Lucia area. They did a full sweep of car parks, roads and
river banks. Tom stated that they spent about two hours doing this. I note that
no records have been located in relation to this search.
121. A dot point brief dated 1 June 1999 was provided to Sean’s chain of
command in relation to the military police search of Mt Superbus and surrounding
areas. The brief indicates that the search was conducted by Corporal Murphy and
Corporal G.A. Johnson on 28 May 1999. They followed a track highlighted on a map
that had been previously prepared by Sean. They spoke with the relevant
Queensland Parks and Wildlife Ranger, Jim Abbot. Jim stated that the track they
were searching was within the area that a Ranger by the name of Peter Lindsay
was responsible for and that the track was used quite regularly. Jim stated that
if a vehicle had been in that location for any period of time, their Standard
Operating Procedure was to inform the authorities.
122. The brief noted that the military police search covered 520km of country
road, including steep narrow roads, which climb the rim of the Great Dividing
Range, and along narrow ridgelines. The opinion of the military police searchers
was that if Sean had attempted the route intoxicated, it would have been highly
unlikely that he would have reached his destination. With that in mind, the
patrol searched both sides of the road on the return trip, but to no avail.
123. According to a dot point brief signed by Sergeant Bere and dated 4 June
1999, Staff Sergeant Williams and Sergeant Bere took the following action in
June of 1999:
a. Spoke with Detective Sergeant R. Graydon at the civilian police Auto
Findings of inquest into the disappearance of Sean Sargent 27
Theft Squad and arranged for a check of all wrecking yards in the Brisbane
Metro area for Sean’s vehicle and part numbers;
b. Obtained Sean’s ADF medical and dental records and determined that he was
not on any prescription medication;
c. Arranged for Staff Sergeant Williams to attend the QUR on the evening of 8
June 1999. Staff Sergeant Williams is noted to have interviewed several members
of that unit who were at the second party, which Sean attended on the night he
disappeared. (However, a list of names were never located in the ADF files and
no statements were taken). Tom Bere stated that he was present when the QUR
members were interviewed. He recalls that there were six or seven members and
only a couple of members knew about the night;
d. Contacted Wesley Divall of Pymble, New South Wales, on 11 June 1999
regarding the last phone call made from Sean’s private mobile phone to Wesley’s
phone number (contact was made after the civilian police had already contacted
Wesley). Wesley could not explain why his phone number was on Sean’s mobile
phone. He was of no relation to Sean; and
e.
Contacted a 'relevant female' who
apparently knew another female who had allegedly been assaulted by Sean at the
second party on the night of his disappearance.
124. Tom Bere also stated in oral evidence that they attended a sonar search
of the St Lucia area of the river on 3 June 1999. He arranged this directly with
the water police under the guise of a ‘training exercise’. Tom stated that the
divers found about half a dozen number plates from stolen cars and a couple of
vehicles, but nothing relevant to Sean’s vehicle. I note that there does not
appear to be a record anywhere of this search.
125. On 4 June 2001, The Director Officer Career Management - Army,
Lieutenant Colonel N.W. Welch, wrote to Sean’s father advising him that the Army
had conducted an exhaustive investigation but had been unable to reveal the
reason for his son's disappearance. Lieutenant Colonel Welch wrote:
a. "Let me assure you that
his disappearance was in no way related to his employment in the Army. As a
result, there is little more the Army can do...His disappearance is now a
Queensland police matter..."
126. Unfortunately, the Army appears to have indiscriminately packed Sean’s
personal possessions into boxes and forwarded them to his father. Sean’s
possessions do not appear to have been logged or put into bags as potential
evidence. Sean’s personal diary and personal computer were amongst items
forwarded that were never checked by military police (or civilian police)
investigators.
Findings of inquest into the disappearance of Sean Sargent 28
127. On 23 July 2001, the then Chief of Army, General Peter Cosgrove,
terminated Sean’s appointment with the Army with effect from 30 September 2001.
128. This information does not appear to have reached Sergeant Bere because
on 21 September 2001, Sergeant Bere advised the Missing Persons Bureau that the
Army was re-opening the investigation and he requested a copy of his notes that
he supplied to the Bureau. Tom Bere advised in oral evidence that he would have
decided to re-open the investigation to assist the Sargent family. He stated
that he did a lot of stuff that he shouldn’t have but he did what he needed to
do to try and locate Sean.
129. Alln Williams is of the opinion that Sean is still alive today, and most
likely living in the Newtown area. He bases his opinion predominately on Sean
Mann’s evidence.
130. Tom Bere is of the opinion that Sean is deceased but he is unsure of the
circumstances. He has, however, ruled out suicide because he did not find any
indication of a suicide note. The basis for his opinion is predominately on the
principle that ADF officers do not go AWOL, they go missing. If they remain
missing, they are most likely dead.
Initial police investigation by the Missing Persons Bureau (between 1999 and
2006)
131. A civilian police investigation was conducted in relation to Sean’s
disappearance. They of course had primary responsibility to investigate missing
persons cases.
132. Sergeant Jim Hayes from the Missing Persons Unit in Brisbane was the
‘Case Officer’ or ‘Overviewing Officer’. Sergeant Hayes and his team at the
Missing Persons Unit made a number of initial enquiries up until his retirement
in early 2006. Their enquiries were recorded in a detailed 80 page handwritten
‘Running Log’: Their investigative action included:
a. Enquiries on 12 April 1999 with Sean’s mobile phone carrier, Vodafone, to
determine whether there was any activity since his disappearance. (There was nil
activity of relevance);
b. A review of Sean’s mobile phone records between 10 and 23 March 1999 only.
(There were eight phone calls to his voice mail. On 16 March 1999, there was a
phone call of interest from Sean’s phone to a ‘02’ number in New South Wales);
c. Phone enquiries with the Defence Force Credit Union and National Australia
Bank to determine whether there had been any activity in relation to Sean’s
known bank accounts since his disappearance. (Nil activity of interest was
reported);
Findings of inquest into the disappearance of Sean Sargent 29
d. A search to determine whether Sean had any other bank accounts with any
other financial institutions. (No other bank accounts were identified);
e. Enquiries with the Action Liquor Barn at the Regatta Hotel to determine
whether there was any CCTV footage of Sean’s purchase on the evening of 19 March
1999. (Nil footage was available but they obtained a copy of Sean’s receipt for
the purchase of a bottle of Vodka and 1L Coke);
f. Co-ordination of a water police patrol of the river and banks from St
Lucia to the city at low tide on 13 April 1999, and ongoing patrols over the
next month.
g. Co-ordination (through Plain Clothes Senior Constable T. Garvey of the
Indooroopilly Criminal Investigation Branch) of a side scan sonar search by
water police divers and the Queensland Transport Maritime Division of the
Brisbane river on 15 June 1999. The search area was from Indooroopilly to the
Regatta Hotel. (A stolen Barina was found around 10m from the University of
Queensland Rowing Club Platoon);
h. A request through police media to Channel 7 and Channel 9 helicopters on
14 April 1999, to be on the lookout for Sean’s vehicle, when flying over bush
land. (There were nil reports);
i. Vehicle registration enquiries and flagging of Sean’s vehicle as a
'vehicle of interest' in April 1999;
j. Contact with Queensland Parks and Wildlife in May 1999, to flag Sean’s
vehicle. (There were nil reports);
k. A request to the police Auto Theft Squad to search wrecking yards in the
Brisbane Metro area for Sean’s vehicle and/or part numbers in July 1999. (There
were nil results);
l. Indices checks Australia wide in relation to the engine number of Sean’s
vehicle on 19 August 1999. (There were nil results);
m. A criminal history check for Sean. (Information regarding an alleged
assault on a bouncer in October 1998 was obtained);
n. Enquiries with Australian Immigration. (There were nil relevant
movements);
o. A police examination of Sean’s personal computer some time after 18 April
2001. (The examination report identified some anomalies);
p. DNA samples from Sean’s father and sister for the police missing
Findings of inquest into the disappearance of Sean Sargent 30
person’s database in 2004; and
q. A reverse CCRS on Sean’s father’s phone in relation to ‘phantom phone
calls’ received by him on 11 and 13 August 2005. (The phone calls were traced to
Great Britain and Canada but they could not be tracked).
133. Jim Hayes stated in oral evidence that he also attended Sean’s residence
soon after his disappearance to look for any signs that he had packed his bags
etc. There was nothing to indicate that Sean had planned his disappearance. No
clothes or underwear were packed. However, Sergeant Hayes did not search Sean’s
bathroom for missing toiletries.
134. Sergeant Hayes and his team also tracked down and took detailed notes in
relation to versions of events by key witnesses. The only formal statement in
relation to the civilian police (and military police) investigation was taken by
Sergeant Hayes from Benjamin Snelling.
135. The police did not take custody of Sean’s personal computer. It was
later delivered to Sean’s father by the Army, with Sean’s other personal
belongings. On 18 April 2001, Sean’s father arranged for a family friend, Brad
Nielsen, to examine Sean’s computer. Brad Nielsen examined the computer on 20
April 2001 and produced a signed but undated report.
136. Sean’s computer was then examined by a police forensic examiner, Steve
Ilett. Steve Illett produced an undated and unsigned police forensic examination
report.
137. The examination reports indicated that:
a. Sean’s computer may have had two hard drives, and if so, one of the hard
drives had been removed;
b. Sean did a lot of internet research until about 11:00pm between 10 - 15
March 1999. However, the internet pages accessed could not be identified;
c. the last email that was sent from Sean’s email account was at 9:24pm on 14
March 1999;
d. Sean’s computer was not turned on at all a few days before his
disappearance, between 16 - 20 March 1999;
e. Two days after Sean’s disappearance, on 21 March 1999, a file called:
'Ass1 Case Study' was accessed, modified and sent to Sean’s email account at
1:58am. This appeared to be a file in relation to Sean’s university thesis; and
f. A scandisk program was executed on Sean’s computer at 5:43pm
Findings of inquest into the disappearance of Sean Sargent 31
on 10 May 1999 and many files were modified at around 5:00pm that day.
Police investigation by Detective Senior Sergeant Shayne Maxwell (between 28
April 1999 and August 2015)
138. On 28 April 1999, Detective Senior Sergeant Shayne Maxwell initiated
contact with the Missing Persons Bureau because the matter involved a person who
had gone missing in the Indooroopilly area of his responsibility. He attended
the Bureau on the same day and was briefed on the matter. He took with him a
copy of the Missing Persons Bureau ‘Running Log’. The Missing Persons Bureau
noted on that day and on a number of further occasions that Detective Senior
Sergeant Maxwell would be commencing and making further enquiries.
139. It was clear that Detective Senior Sergeant Maxwell was the ‘Lead
Investigator’ from 28 April 1999 onwards. Regardless of title, there was a very
clear expectation that he would conduct the majority of the further enquiries to
be made.
140. During cross-examination at the inquest, Detective Senior Sergeant
Maxwell repeatedly sought to downplay his responsibilities. He stated that his
role was merely to
assist
the Missing Persons Bureau by:
a. Conducting enquiries within the Brisbane region only;
b. Making enquiries with possible witnesses and determining whether he should
take statements; and
c. Reporting back to the Missing Person’s Bureau if he found anything of
interest.
141. However, Detective Senior Sergeant Maxwell would have been aware that
the Queensland Police Service had extensive and detailed policies and procedures
contained within the ‘Operational Procedures Manual’, which provide direction
and guidance to police officers when dealing with a broad range of functions.
Yet, he did not make enquiries to determine whether there was any information in
the Operations Procedures Manual in relation to missing person investigations.
142. Chapter 12 of the Queensland Operational Procedures Manual in place at
the time clearly delineated the functions of each of the Missing Person’s Bureau
and the designated investigating officer’s roles and responsibilities when
conducting a missing person investigation. Section 12.4.1 provided that the
Missing Persons Bureau’s functions were to "overview and assist with the
investigation". Section 12.5.4 provided that the detailed officer was "to assume
responsibility for the case management", conduct an investigation aimed at
locating the missing person, and provide reports to the Missing Persons Bureau
at intervals of three and six months, for review.
Findings of inquest into the disappearance of Sean Sargent 32
143. In any event, over the first 12 years of the investigation, Detective
Senior Sergeant Maxwell appears to have done little to advance the
investigation. The only action that he took, that I can find a record of, was
that he:
a. made unsuccessful attempts to contact four witnesses; and
b. attended a river search on 17 June 1999, that had been arranged by the
Missing Person’s Bureau.
144. Detective Senior Sergeant Maxwell went to great lengths in his statement
dated 11 December 2016 to outline how busy he was with other investigations from
July 1999 until 20 March 2000. On 20 March 2000, he was identified by his doctor
as having suffered from PTSD since July 1999. He went on immediate sick leave
and was not back to full duties until November 2000. He then claims that he was
not given the Sargent file back to investigate upon his return. He recalls
receiving a couple of enquiries from the Missing Persons Bureau in 2001 and 2006
about the file but each time he explained that he was not the investigating
officer.
145. Then in August 2011, Detective Senior Sergeant Maxwell was directed by
his chain of command to finalise a report for the Coroner.
146. He then took the next 20 months to make a few simple enquiries (such as
requesting Sean’s birth certificate, requesting information from Customs in
relation to international travel, and requesting Sean’s ADF file). He stated
that he had made several attempts to request the ADF file from the Army.
147. It would appear that Detective Senior Sergeant Maxwell later requested
assistance from a Coroner (through the police coronial support unit) in
obtaining Sean’s ADF file. The request was dated December 2012. I do not know
what happened to this request but I note that when a response from a Coroner was
not forthcoming, Detective Senior Sergeant Maxwell did not make any attempts to
follow up with the Coroner’s office or the coronial police support unit.
148. In August 2015, Detective Senior Sergeant Maxwell submitted a coronial
report, through his chain of command (some four years after he was directed to
do so).
149. Detective Senior Sergeant Maxwell concluded in his coronial report that
Sean had purposely disappeared and that he was still alive. His basis for this
conclusion was that:
a. Sean was having second thoughts about his managerial role in the Army, and
had been expressing frustration about working within the confines of the Army
environment;
b. There appeared to be rumours within the Army that Sean was
Findings of inquest into the disappearance of Sean Sargent 33
homosexual, due to his close friendship with another Army member, Andrew
Juniper;
c. Sean may have been concerned about another police investigation against
him in relation to a potential assault that he was involved in during the
altercation that occurred at the St Lucia party on the night of his
disappearance, 19 March 1999;
d. Sean would have had the previous assault complaint against him on his
mind, which had only been withdrawn after he took out a personal loan and paid
the complainant $4,000 on 26 February 1999;
e. Sean may have had financial difficulties due to his two loans, totaling
$13,069;
f. The anniversary of Sean’s mother's death was two weeks before his
disappearance and he was known to become depressed around this time every year.
His mother died from alcoholism and he had concerns about his excessive drinking
and inability to quit;
g. Sean did not like his step-mother, who raised him after his mother's
death;
h. Sean had prior overseas travel experience, having travelled for work
experience whilst in the Army in 1996 and 1997 to England, Ireland, Scotland and
Sweden;
i. A week before Sean’s disappearance, he advised his best friend, Andrew
Juniper, on 12 March 1999, whilst out at dinner that he "could not understand
why anyone would commit suicide as there were more things to life" and that
"suicide is an easy way out, it is just as easy to change your name and
disappear overseas";
j. Sean had the intellectual ability and computer knowledge to change his
name and commence a new life overseas; and
k. Sean wanted to remain missing because of the warrant for his arrest issued
by the military police for 'absence without leave'.
150. Detective Senior Sergeant D.P. Powell, from the Missing Persons Unit,
submitted Detective Senior Sergeant Maxwell’s report and the police file to me,
with a cover letter dated 18 August 2015.
151. Detective Sergeant Powell advised me that numerous requests had been
made by the Missing Persons Unit from 2006 onwards to Detective Senior Sergeant
Maxwell to complete his report, but to no avail. He also raised concerns about
the lack of investigative work conducted by Detective Senior Sergeant Maxwell.
152. After cross examination during the inquest, Detective Senior Sergeant
Findings of inquest into the disappearance of Sean Sargent 34
Maxwell presented to the court the next morning with a prepared statement,
which he read, as follows:
Your Honour, as a result of my involvement in this matter, I have identified
a number of shortcomings in the Sargent investigation. I can see in hindsight
that these are things that both I and Missing Persons [ie. the Missing Persons
Bureau] could have done better. I can honestly say that if my health had not
been affected and I was my usual demanding self, I would have put more input
into how the investigation was going. For that, I apologise to the court and to
the Sargent family.
As the detective attached to a suburban criminal investigation branch, there
are matters that arise which influence day to day operations. These include
major incidents, murders, suspicious deaths, robberies, shootings, which result
in arrests, and then a preparation of briefs of evidence to the court. Very
often these factors are competing, and we’ll do our best to prioritise our work.
Unfortunately, in 1999, we didn’t have access to today’s technology to help
us sort these matters out. Like everyone, a detective’s health can impact on
their work, and I regret this occurred with me in the Sargent investigation, but
I wish to stress that the Missing Persons Bureau and I, at all times, did what
we believed to be our best to locate Sean.
Thankfully, missing persons investigations have come a long way since 1999,
particularly with the introduction of QPRIME in 2006. All investigations are now
centrally recorded and can be tracked. The need for lengthy hard copy reports of
inquiries have been done away with. It is now a matter [indistinct] completed in
other regions and the lead investigator can supervise those inquiries in real
time. All missing persons are overseen by both district level and regional level
at regular [indistinct]. Also, the Coroner’s unit meets with the Missing Persons
Bureau every six months to oversee these investigations. And furthermore, the
Coroners unit has live access to the QPRIME system, which can assist in the
direction of the investigation such as in this case.
153. I note the impact that this has had on Sean’s family. They explained in
their submissions, that over the years, they were led to believe that many steps
were being undertaken by the Queensland Police Service to locate Sean. They were
quite distressed to learn throughout the course of the inquest that this was
furthest from the truth and that there had been a number of missed opportunities
to find out what happened to their son/brother.
Findings of inquest into the disappearance of Sean Sargent 35
Further police investigation, led by Detective Senior Sergeant Mal Gundry,
(between 22 May – 20 September 2017)
154. On 22 May 2017, the Queensland Police Service formulated an
investigative team comprising of six Detectives from the Brisbane City and
Indooroopilly Criminal Investigation Branches, Homicide Investigation Unit, and
one Intelligence Officer. An Investigation Centre commenced at the Indooroopilly
Police Station and Detective Senior Sergeant Malcolm Gundry was appointed as the
lead detective in charge of the investigation. The investigation was later known
as ‘Operation Papa Jupiter’.
155. The Queensland Police Service requested me to adjourn the part-heard
inquest for around three months so that they could conduct their investigation.
It was my understanding that the police service were embarrassed at the
inadequate investigation conducted by Senior Sergeant Maxwell and wanted the
opportunity to remedy it. I agreed to the adjournment.
156. The investigation team received a briefing from Detective Senior
Sergeant Shayne Maxwell on 25 May 2017 and he provided them with a large amount
of documentation linked to this matter.
157. The investigation was conducted utilising the IMAC Police computer
system. IMAC is a system utilised in homicides and serious investigations
conducted in Queensland. The benefit of IMAC is that information input can be
cross referenced, creation of job logs detailed to staff, and finalised tasks
can be recorded. An additional benefit is that an automatic running log is
created. All information was collated and inputted via IMAC.
158. The initial goal of the investigation team was to back capture all
previous information and review all witness statements. As the investigation
progressed, witness statements were prioritised and a number of lines of inquiry
were generated.
159. Detective Senior Sergeant Gundry regularly consulted with me and Counsel
Assisting, and obtained Coronial direction when required, throughout their
investigation.
160. The police investigation team:
a. Travelled around the country and took around 35 additional witness
statements.
b. Conducted relevant proof of life checks, including with:
i. The Birth, Marriages and Death Registrar;
ii. Medicare;
Findings of inquest into the disappearance of Sean Sargent 36
iii. Centrelink;
iv. The Department of Immigration;
v. all financial institutions;
vi. national enquiries regarding Sean’s motor vehicle;
c. Conducted enquiries in relation to Sean’s traffic history. (There was no
record of any infringements).
d. Conducted enquiries in relation to whether Sean had any weapons licenses
or registrations. (There was no record).
e. Arranged and coordinated further Brisbane river searches.
f. Arranged for a historical review of Brisbane river sidescan data by the
Brisbane Port Authority.
g. Obtained historical photographs of the area depicting The Esplanade in St
Lucia, where it is believed that Sean may have accidently driven into the river.
h. Conducted online searches regarding the French Foreign Legion, and made
requests for information with ASIO, and the French Consulate.
i. Attempted to obtain a DNA profile for Sean.
j. Arranged for a re-examination of Sean’s personal computer hard drive by
the Electronic Evidence Examination Unit.
k. Made enquiries with the police air services regarding a possible aerial
search of the Mount Superbus area.
161. An outline of the outcome of relevant enquiries is provided below.
Review of hydrographic searches of the Brisbane River
162. The Port of Brisbane Pty Ltd conducts regular surveys of its port
limits, downstream to Breakfast Creek, as a regulatory requirement to ensure
safety of navigation.
163. At the request of the water police, the Port of Brisbane Pty Ltd
reviewed
Findings of inquest into the disappearance of Sean Sargent 37
its records of 28 surveys conducted of the St Lucia / Toowong / Milton and
South Brisbane Reaches of the Brisbane River since 1998.
164. A statement was obtained from Giles Stimson, the Manager of Hydrographic
Surveys for the Hydrographic Solutions team at the Port of Brisbane Pty Ltd,
dated 13 September 2017.
165. Giles Stimson explained that of the 28 surveys, 11 surveys were single
beam surveys and 17 surveys were high-resolution multi-beam surveys.
166. The single beam surveys were conducted using older technology, utilising
a single transducer aboard the vessel which projected an acoustic single beam to
the seabed and back. The line intervals varied but were generally in the order
of about 10m. The meant that significant sections of the seabed were left
unchartered and objects, such as vehicles, could have been missed.
167. The latest state of the art high-resolution multi-beam system was
introduced by the Port of Brisbane Pty Ltd in 2004 to replace single beam
technology. It utilises 512 beams across a 120 degree beam width. This provides
100% seabed coverage and is validated further by overlapping the beams on
adjacent lines to provide 100% overlap. This ensures that the entire seabed is
covered and ensures all seabed objects are detected.
168. The Port of Brisbane Pty Ltd have looked at the results of the relevant
single beam surveys between 10 March 1999 to 24 March 2006, within the area, and
could not detect any anomalies in the data that would suggest a vehicle or other
object.
169. The multi-beam data covered the period between 28 January 2004 to 20
October 2016. The multi-beam data confirmed that only one vehicle was detected,
on three separate surveys, in the same place each time. The dates of these
surveys were 19 September 2005, 5 May 2011, and 28 May 2014.
170. In addition to the requested survey area, the Port of Brisbane Pty Ltd
extended the validation search from the William Jolly Bridge down as far as QUT.
With the exception of the known vehicle that was positioned downstream of
Riverside Drive Boat Ramp and was dived on by the Water Police, there were no
other targets detected.
171. It should also be noted that since 1999, there were two significant
floods. The first flood in 2011 moved an estimated 3.2million cubic metres of
riverbed material downstream, which was deposited in the Port of Brisbane’s port
limits (Breakfast Creek to the Port of Fisherman Islands). The second flood was
in 2013, which was not as severe and extreme as the 2011 flood. However,
significant flows were still experienced within the Brisbane River right down to
the mouth of the river at Fisherman Islands.
172. During the 2011 flood, the Port of Brisbane Pty Ltd’s hydrographic team
Findings of inquest into the disappearance of Sean Sargent 38
detected 159 objects, which included boats, pontoons, trees, containers, and
water tanks amongst others. These objects were detected within the Port’s limits
and all objects were removed by the Port’s clam-shell grab dredger working from
its floating pontoon. No motor vehicles were found. Further, no evidence of a
vehicle was detected as part of the 2013 flood event.
173. Giles Stimson was of the opinion that:
a. If Sean Sargent’s vehicle was within the Brisbane River and moving, the
chance of detecting it by single beam would have been very low;
b. If the vehicle was moving, the chance of detecting it by multi-beam would
also have been very low as you would have to have been in the reach surveying it
as it went past;
c. If the vehicle was stationary, on the river bed during the specific
survey, the chance of detection by single beam would have been approximately
1:20, if it was in the reach at the time of the survey;
d. If the vehicle was stationary on the river bed, the chance of detection by
multi-beam would have been high and close to 100%;
e. The chance that the vehicle would have moved down the river during the
2011 and/or 2013 floods would have been extremely high;
f. The chance that the vehicle would have missed detection during the 2011
and 2013 clean up, if it was moving, would be extremely high. The reason for
this that Port of Brisbane Pty Ltd had 25km of river reaches to survey after the
flood, from Hamilton Reach downstream to the Outer Bar Reach at the entrance to
the Port. They conducted six multi-beam surveys during the floods and detected
new objects each survey. They only targeted removal of riverbed objects once the
flow of the river had subsided such that the object had dropped and remained in
position on the seabed. They had to work around floating debris transiting down
the river, as well as dealing with strong currents and, if the object was
moving, the chance of being in that exact position when it passed would be very
low;
g. The chance that the vehicle would have missed detection if it was
deposited within the Port Limits after the flood events would be low; and
h. There is a chance that the vehicle could have progressed out into Moreton
Bay, post the 2011 and 2013 floods. Port of Brisbane Pty Ltd would only have a
chance of detecting it if it happened to be located in the river channels or Bay
channels that the Port regularly surveys and covers as its duty as a commercial
port.
Findings of inquest into the disappearance of Sean Sargent 39
Review of the police searches of the Brisbane River conducted in 1999
174. A statement was obtained from Senior Constable Michael Turner, a dive
supervisor of dive operations with the Queensland Police Service Diving Unit,
dated 13 September 2017. Senior Constable Turner also provided oral evidence at
the inquest.
175. Senior Constable Turner researched the historical searches conducted on
the Brisbane River in relation to the disappearance of Sean Sargent.
176. He found that on 17 June 1999, Queensland Transport Maritime
Hydrographic Sonar conducted a survey with the Brisbane Water Police and
detectives along the Brisbane River. The search was between Milton and the Saint
Lucia reaches of the river. During this search, one vehicle was located off the
pontoon of the UQ Rowing Club. Police Divers dived on this vehicle and it was
identified as a stolen Barina. The vehicle was not recovered and it was left in
the river as it was not considered a navigation hazard.
177. Senior Constable Turner found that there were no detailed records of
these searches. He was also unable to determine what model sonar device
Queensland Transport Maritime used at the time, or its capabilities, making it
difficult to assess the searches conducted at the time.
178. Senior Constable Turner was of the opinion that if Sean Sargent’s
vehicle entered the water within the targeted search area completed by police
and Queensland Transport Maritime in 1999, it would have been sitting quite
proud off the bottom and provided a strong acoustical return, indicating a
material such as metal, using a side scan sonar device. However, he agreed that
it was possible that the vehicle could still have been missed with the old
technology, and given the time that had passed between Sean’s disappearance and
the search.
179. It was noted that the stolen Barina that was left in the river back in
1999 could not be found during police sidescan sonar searches in 2017.
180. Senior Constable Turner also noted that water police conducted a dive of
a deep hole near the old St Lucia boat ramp on 8 February 2007 but that nothing
of interest was found.
Further searches of the Brisbane River conducted in 2017
181. Senior Constable Turner and his dive team conducted the following
additional searches of the Brisbane River in 2017:
a. On 25 July 2017, police conducted a dive on an unknown vehicle that was
first located by Port of Brisbane Pty Ltd Hydrographic in 2004. The vehicle was
positioned in the Milton Reach of the Brisbane River on the West End side (42m
downstream of the pontoon next to the Riverside Drive boat ramp). The vehicle
was around 9.3m
Findings of inquest into the disappearance of Sean Sargent 40
deep and there was nil visibility. All the windows were down and smashed out,
and thee was extensive damage to the rear and front of the vehicle. There were
no keys in the ignition. The diver felt for bones inside the vehicle and there
were none. No plates were located. There was a build up of muddy silt halfway up
the tyre axles. It was concluded that it was not a vehicle that matches Sean’s
Ford Falcon. It was most likely a sports car with an open sunroof. Due to severe
corrosion, the vehicle would most likely fall apart if removed.
b. On 22 August 2017, a sonar scan was conducted between the Esplanade, St
Lucia, and 59 Orlando Road, using a Klein 3000 single beam sidescan sonar
system. No vehicle was found.
c. On 30 August 2017, a sonar side scan using the Klein 3000 was conducted
between Hill End Terrace, West End and 11 The Esplanade, St Lucia. A vehicle was
found off the boat ramp at the Somerville House water sports facility on the
Brisbane Corso, Yeronga. A dive was conducted on the vehicle on 5 September
2017. The vehicle could not be identified so it was retrieved the next day.
There were no plates and the vehicle was corroded, but identified as 2005 model
Land Rover Discovery.
d. On 31 August 2017, a sonar scan using the Klein 3000 was conducted between
11 The Esplanade, St Lucia, and 1A Wharf St, Chelmer. A vehicle was located off
the boat ramp at Meiers Road, Indooroopilly. A dive was conducted on the vehicle
on 5 September 2017 and it was identified as a stolen blue Honda Civic.
182. In total, three additional vehicles were discovered within the search
area of the Brisbane River in 2017 but none of them were Sean Sargent’s vehicle.
183. Senior Constable Turner was of the opinion that it would be extremely
difficult to get a strong acoustical return from a vehicle on their sonar device
that has been in the water since 1999. Based on his experience from diving in
the Brisbane River and on vehicles submerged in salt water, it would not take
long (approximately five to ten years) for severe deterioration and corrosion to
take effect. Adding to this the strong currents causing constant movement of mud
and silt and major flooding events that have taken place since 1999, he believes
the vehicle would be almost completely covered, making it extremely difficult to
locate.
Searches of the three lakes at University of Queensland
184. On 14 June 2017, the police diving team searched the two smaller lakes
at the University of Queensland. The two lakes had a rocky and muddy silt bottom
with nil visibility and a maximum depth of 2m. There was nothing of interest
located during the search.
185. On 15 June 2017, the police diving team conducted a wade search of the
Findings of inquest into the disappearance of Sean Sargent 41
third and largest lake at the University. The lake had a rocky and muddy silt
bottom with a maximum depth of 1.8m. There was nothing of interest located at
the lake.
Searches of the dam at the rear of the Enoggera Army Barracks
186. On 3 August 2017, the police dive team conducted a sidescan sonar
search, with a Lowrance HDS 3D sonar, of the dam located at the rear of Enoggera
Army Barracks. The dam had a clean, smooth silty bottom and no vehicle was
located during the survey.
Enquiries regarding an aerial search of the Mt Superbus area
187. On 14 August 2017, enquiries were made with the police air services
about the possibility of conducting an aerial search over Mt Superbus. It was
determined that the area was too dense to be effective for sighting a vehicle
body.
188. As a result, police made enquiries with Steven Finlayson, the Ranger in
charge of the South West Region, Queensland Parks and Wildlife Service. Steven
Finlayson has occupied this position for the last 11 years. He stated that the
area in question is extremely remote and is limited to vehicle access. He has
walked the area of Mt Superbus a number of times and motor vehicles are unable
to access this area due to rugged terrain and a lack of roads. In addition, it
would be very difficult to hide any vehicle in this area. Over the time period
in question, there has been no information forthcoming as to motor vehicle
sightings.
Sean’s traffic history
189. One of Sean’s friends from ADFA, Andrew George, stated that he had
previously been in a car whilst Sean was driving and on one occasion, Sean drove
erratically. This occurred at Pennant Hills, Sydney, whilst he and Sean were
driving to visit Andrew’s parents. At the time, Sean was driving a brown Ford
Falcon and lost control as they approached a t-intersection, which according to
Andrew was caused by too much speed. The car went off the road and damaged some
lawn but they continued to drive off. Neither Andrew, nor any other friends or
family of Sean could ever recall an occasion where Sean would drink drive.
190. The police obtained Sean’s traffic history and there were no records of
speeding or drink driving.
Sean’s firearms
191. One of Sean’s ADFA friends, Andrew George, stated that whilst at ADFA,
Sean had a shot-gun with a pistol grip (which he believed to be a SPAZ12
shot-gun) and a .222 rifle with a scope, which he kept in a suit carrier within
his room. Sean kept ammunition for both firearms in an empty
Findings of inquest into the disappearance of Sean Sargent 42
protein powder tin. Andrew advised that Sean would have been in a lot of
trouble had these weapons been found. He would possibly have been excluded from
ADFA.
192. Sean’s father confirmed that Sean was familiar and proficient with
firearms, growing up in New Zealand and whilst living in Australia. Sean’s
father stated that he used to take Sean duck shooting when he was a young boy,
and they used to go shooting on various properties. Sean’s father stated that he
was aware that Sean still had a pump action shot-gun with a pistol grip and that
Sean had gone duck shooting whilst at ADFA. However, he believed Sean had handed
this in during the firearms amnesty in 1996.
193. On 27 August 2017, the QPS Weapons Licensing Section advised that Sean
Sargent has never held a license, registered firearm or weapons licensing
interaction in Australia.
Sean’s financial records
194. At the time of Sean’s disappearance, Sean owed the Defence Force Credit
Union:
a. $1,968 due to an overdraft on his savings account; and
b. $12,917.94 due to a personal loan in relation to his vehicle and
compensation paid to the bouncer.
195. Sean had a balance of $912.08 in a National Australia Bank account,
which was closed on 18 December 2013 due to inaction. The funds were transferred
to NAB’s Unclaimed Monies Department.
196. Sean owned a 1992 Ford Falcon valued at approximately $7,000 to 8,000.
He also owned a small second-hand boat, of unknown value, but with an assumed
worth of approximately $2,000.
A DNA profile could not be established for Sean
197. On 16 June 2017, the police obtained a Phillips brand electric shaver
owned by Sean Sargent from a rear garden shed at his father’s home. The shaver
was forwarded to the DNA Unit in Brisbane for examination.
198. On 6 September 2017, Sergeant Ken Gee from the DNA Management Unit in
Brisbane advised that there no identifiable DNA profile was able to be obtained
from the swabs taken from Sean’s electric shaver.
Enquiries in relation to Sean’s half sister in the UK
199. On 25 August 2017, police forwarded a request to Interpol to make
enquiries in England to locate Sean Sargent’s half sister, Dianna Martin.
Findings of inquest into the disappearance of Sean Sargent 43
She is believed to be residing in Corfe Mullen, in the county of Bournemouth.
However, this request has not been finalised.
Enquiries relating to the French foreign legion
200. Prior to his disappearance, Sean Sargent mentioned to Sarah Forbes and
Kylie Higgins that he was interested in joining the French Foreign Legion. In
addition, Ben Nankivell stated that Sean had made mention of the French Foreign
Legion to other Australian Army officers.
201. Police online enquiries revealed that the initial training course for
the French Foreign Legion is extremely rigorous and that they accept recruits
with chequered pasts, including infractions with law enforcement agencies. Once
a recruit has passed the initial testing / course, they are issued with a French
Passport and new identity. The soldier must then provide five years service in
postings generally to Africa or the French colonies.
202. The police investigation unit sent a request via ASIO in an attempt to
illicit information as to whether Sean joined the French Foreign Legion. ASIO
advised that because the inquiry was not linked to a terror related issue, they
were unable to progress the request. A subsequent request was sent to the French
Consulate in Sydney and directly to the French Foreign Legion without success.
203. Detective Senior Sergeant Gundry believes that if Sean had joined the
French Foreign Legion under an assumed identity and had fulfilled his five-year
contract, he would have continued contact with his family, particularly with his
sister, with whom he had a very close relationship with.
Findings of inquest into the disappearance of Sean Sargent 44
Electronic examination of Sean’s computer
204. On 11 August 2017, investigating police received a report from the
Electronic Evidence Examination Unit in relation to the re-examination of Sean’s
personal computer hard drive. Investigators were able to review all the files on
this hard drive via ‘remote access’. Investigators found a number of
heterosexual images of a pornographic nature. There were no images of a
homosexual nature. Nothing else untoward was found.
Detective Senior Sergeant Gundry’s conclusions
205. Detective Senior Sergeant Gundry is not of the opinion that Sean died
through suicide because:
a. Sean was progressing well in the Army and enquiries with his Army
colleagues revealed that he more than likely would have been promoted to Captain
in the near future;
b. Sean had enrolled in tertiary studies and had recently paid for books
connected to his upcoming studies (the purchases were made at the South
Queensland University Bookshop on 25 February and 27 February)’;
c. Sean had spent Christmas of 1998 with his sister and she stated that he
appeared normal during that period. He did, however, mention to her about the
alleged assault on the bouncer at Townsville in October 1998;
d. The charges against Sean relating to the alleged assault on the bouncer
had been withdrawn and the matter was finalised;
e. Anna Van Geuns stated that she spoke to Sean whilst at 52 Orchard Terrace,
St Lucia on the night of his disappearance he appeared upbeat and happy. She did
recall though that he mentioned something to her about going ‘AWOL’ (absent
without leave from the Army); and
f. Despite the traumatic circumstances of his mother’s death when he was in
year 12, Sean continued with his schooling and was eventually awarded runner-up
dux. He believes that for a young man to endure the tragedy of his mother’s
passing, and yet to be able to still gain such a high academic achievement and
move into a successful military career reveals a resilient character, and not
one that would likely take his own life.
206. Detective Senior Sergeant Gundry is not of the opinion that Sean
purposely disappeared to join the French Foreign Legion. This is because if Sean
had joined the French Foreign Legion under an assumed identity and had fulfilled
his five year contract, he would have continued contact with his family,
particularly with his sister, with whom he had a very close
Findings of inquest into the disappearance of Sean Sargent 45
relationship with.
207. Similar logic would no doubt apply to the theories that Sean went off to
join the Australian Army’s Special Air Services Regiment and the Australian
Security and Intelligence Organisation.
208. Detective Senior Sergeant Gundry found no evidence that Sean was the
victim of foul play. He assessed that all witnesses they interviewed were
credible and if Sean had died as a result of human intervention, information
would have surfaced after 18 years.
209. Detective Senior Sergeant Gundry is of the opinion that Sean drove from
52 Orchard Terrace, St Lucia late on the night of 19 March 1999 or in the early
hours of 20 March 1999, affected by alcohol. As Sean had earlier been in an
altercation with Cameron Forster at 260 Hawken Drive, St Lucia, he believes that
Sean attempted to return to that address to ‘continue the fight’ or to reach a
settlement with Cameron so that no further action would be taken.
210. I note that the suggested course of travel from Orchard Drive to Hawken
Drive would have taken Sean down past the St Lucia Golf Club to the river. Where
the road turns into "The Esplanade", there is a dip and a sharp rise as the road
turns to the left. The turn to the left is blind due to the nature of the rise
and there is an extremely steep embankment down to the river. The trees between
the road and the river are not all that significant now, and would have been
even less significant in 1999. There does not appear to have been any barriers
between the road and the steep river embankment in that section of road in 1999.
211. Detective Senior Sergeant Gundry is of the opinion that Sean, affected
by alcohol, and unaware of his surroundings, drove his vehicle into the Brisbane
River in the vicinity where The Esplanade connects with Upland Road, St Lucia.
212. I note that at the point of potential entry, the river bends. The St
Lucia side bank is also marked as the deepest in that section. The bend and
depths of the potential entry point indicate that the water would have been
moving at a greater speed than any other section. Further, on 19 March 1999, the
tide had peaked at around 11:00pm. It was therefore an outgoing tide at the time
of potential entry. On an outgoing tide, the water flow velocity can be
significant in various sections of the Brisbane River.
Findings of inquest into the disappearance of Sean Sargent 46
If Sean were still alive, would he face any repercussions from the military?
213. I note that the Department of Defence has advised that at the time of
Sean’s disappearance, he would have owed a financial liability of around $30,000
to $35,000 for his ‘Return of Service Obligation’ (ROSO). This is due to their
financial coverage of Sean’s undergraduate degree and other academic studies.
214. If Sean wished to discharge from the Army at the time of his
disappearance, he would have had to submit an application. His release from the
Army would have been at the discretion of Defence and would have only been
granted if he was able to show compassionate or exceptional circumstances.
215. Now that Sean has been ‘involuntarily discharged’ from the Army on 1
October 2001 due to his extended absence without leave, Defence has advised that
Sean would not be pursued for his ROSO debt, should he still be alive.
216. The Army warrant for Sean’s arrest has also now essentially ‘lapsed’ due
to his involuntary discharge, and the expiration of time. This means that the
military no longer has any disciplinary jurisdiction over Sean. Defence has
confirmed that no further action would be taken against Sean in relation to his
alleged absence without leave, in the event that he is still alive.
Sean’s military superannuation
217. My enquiries with Military Super have revealed that Sean has a
relatively large sum of money in his Military Superannuation fund. This money
cannot be claimed unless Sean personally claims it, or unless he is declared
deceased within 21 days of his absence from duty on 22 March 1999, in which case
his next of kin would be entitled to a substantial sum.
Conclusions as to Sean’s fate
218. I accept Detective Senior Sergeant Gundry’s opinion as to the most
likely and plausible cause of Sean’s disappearance and death.
219. Given the time that passed between Sean’s disappearance and the searches
of the river and riverbanks, as well as the limited side scan technology
available at the time, it is likely that Sean’s vehicle was missed.
Unfortunately, because of the 2011 and 2013 floods, and the effects of salt
water on vehicles, even with modern day technology, Sean’s vehicle and body may
never be found.
220. I offer my condolences to the family and friends of Sean Sargent.
Findings of inquest into the disappearance of Sean Sargent 47
221. I close the inquest.
John Hutton
Coroner
Brisbane
25 October 2017
Findings of inquest into the disappearance of Sean Sargent 48
Faces frozen in time
Scott Casey | August 7, 2007 - 8:42AM - Brisbane Times
It's an eerie sight looking at the faces of 169 missing Australians
listed on the Australian Federal Police (AFP) website.
The
faces staring out are ghosts of the past, their faces reflect lives
which suddenly froze the moment they vanished.
You expect them to be found as they are in the photos, still in
their school uniforms, flares or stonewashed denim ready to pick up life
where they left off.
One of the faces belongs to Lieutenant Sean Sargent
who disappeared from the inner western suburb of St Lucia in March 1999
after going to a party with friends.
Sean served in the Defence Force for six years, attending the
Australian Defence Force Academy in Canberra, studying electrical
engineering and working with satellite communications.
At the party Sean was involved in a fight before returning to his
friend's house on Orchid Ave in St Lucia where he said he would sleep in
his car for the night.
Sean and his car have not been seen since.
Sean's father, Tom Sargent, from Mackay, said the hardest part was
not knowing what had happened to his son.
"Its pretty devastating really, if you had some answers then it
would be not so bad but you just know nothing," Mr Sargent said.
"We've had a lot of funny phone calls where people won't talk to
us, police have traced them and they come from Canada, England, and even
a place called Sao Tome off the West Coast of Africa.
"That's been happening off and on since he went missing.
"You tend not to believe that he is gone, I'm thoroughly convinced
he's running around out there somewhere."
In Queensland each year almost 4000 people are reported missing.
Most are found relatively quickly - less than 1% of people remain
missing for any length of time.
Nineteen people are listed as long-term missing on the AFP Missing
Person's site for Queensland with six disappearing from the Brisbane
area.
"We find about 99 percent of all people that go missing," Senior
Sergeant Jim Ryan said.
"Some people just don't get on with their families; others just
want to make a new life for themselves."
Senior Sergeant Ryan said a missing loved one left families in
limbo.
"They hear a car or the front gate or a knock on the door and they
think it's the missing person who has come home," Senior Sergeant Ryan
said.
"They look in crowds for them or wait for the phone to ring or
even walk down the street and look for them."
This year the state and federal police are mounting an intensive ad
campaign surrounding National Missing Persons Week and the issue of mental
illness in disappearances.
"The challenge is that every missing person's story is unique, some of the
reasons we have seen are child protection or abuse issues others don't want to
be around their family anymore and want a new start," Project Officer for the
Australian Federal Police, Sarah Wayland said.
Chief Executive Officer of the Mental Health Council of Australia, David
Crosbie said many people hid mental illness issues that were affecting them.
"When people withdraw they tend to isolate themselves from others and
disappearing is a way of isolating themselves from others," Mr Crosbie said.
"Often people go missing because things have just got too much but often
other people don't know that it's got to be too much, they appear on the surface
to be coping, maybe they go a bit quiet but everything seems to be fine.
"The other thing that sometimes happens is that people seem more up and a
bit animated after making a decision, when you see those sort of significant
mood swings and changes in behaviour it's worth asking people why?"
Sometimes despite being missing for decades people are reunited with their
family.
"There was one case in May this year, we located a man who had been
missing for 31 years," Senior Sergeant Ryan said.
"We reunited him with his family, his children and grandchildren and even
his mother and his sister on Mother's Day.
"He had left because he didn't get along with his father."
For those who are reported missing police urge them to get in contact with
their families either anonymously through the police missing person's unit or
via an intermediary.
All Sean's father wants is to have his mind put to rest.
"Let somebody know what you're doing, take the mystery out of it all," Mr
Sargent said.
National Missing Persons Week runs until August 12
To report a person as missing call Crimestoppers on 1800 333 000 or the
Federal Police Missing Persons Line on 1800 000 634
Brisbane soldier Sean Sargent disappeared in 1999 but family believe
he is still alive
Kate Kyriacou, The Courier-Mail
IT’S been 15 years since they saw him last, but Sean Sargent’s
family have to believe he is still alive.
It’s the dozens of phone calls that make them wonder, the calls where
somebody listens but doesn’t speak.
Or the army’s unwillingness to talk to them- the documents they sent but
demanded back, the ones that said their son had had the highest level of
security clearance.
Or the army’s explanation that Sean was trained to disappear. If he
didn’t want to be found, nobody would ever find him, the Sargents were
told.
Sean was 24 when he disappeared. Extremely smart and extremely
conscientious, he’d never missed a day of work. He was a signals officer
trained in covert surveillance.
On March 19, 1999, the day after his 24th birthday, Sean left the home he rented
with another soldier in Ferny Grove to head to a party.
He stopped at the Regatta Hotel on the way to buy a bottle of vodka and a litre
of Coke.
From there, Sean headed to St Lucia where he spent some time at one party before
heading to another.
At the second party, the soldier got into a fight with another man - a practical
joke that turned into an argument.
Sean told friends he was leaving. He would sleep in his car for a while before
driving home.
That’s when Sean and his car disappeared.
It was very much out of character for a man who was extremely close to his
family, who called his sister Nancy every week to check in.
``Nobody seems to know anything, nobody will do anything and nobody really wants
to co-operate on anything at all,’’ Sean’s father Tom said.
``Nobody has ever had a lead on anything.’’
For a while after Sean disappeared, the Sargents would get strange phone calls.
They would answer the phone to hear someone breathing, someone who would listen
but not talk.
Eventually, they became convinced it was Sean. They began speaking to the person
as if it were Sean. The first time, the caller abruptly hung up.
It’s been years since the Sargents had a call like that. Queensland police
traced the calls to some bizarre locations - Canada, England, even West Africa.
``Everybody seemed to like him. He was fit as a Mallee bull and smart as a
tack,’’ Tom said.
``But he was also secretive. He was dux of the school and never even told me.
``You’d only get out of him what he wanted to tell you.
``He was a great athlete too. He’d win cross country and swimming races.
People from the school would come around and plead with his mother to get him to
race for the school but he wouldn’t do it.
``He was incredibly dedicated to the Army. They told me he’d never missed a
day.’’
There were other strange things too.
He broke up with his girlfriend a month before his disappearance, telling her he
had ``something to do’’.
A week before his disappearance, he invited everyone out for dinner. He also
consolidated his debts and his bank accounts into his army credit union account.
In an earlier media interview, Detective Senior Sergeant Jim Ryan from the
Missing Persons Unit said if Sean is still alive, the chances of finding him as
time goes on will only increase.
``Until such time as either Sean is found or there are human remains found and
they are identified as Sean’s, the file will remain open,’’ he said.
Tom said he ``has to’’ believe his son is still alive, despite not having a clue
what could have happened to him.
``He was one of those blokes who always wanted to be a spy,’’ he said.
``It’s hard to imagine he could go all this time without contacting us but you
just don’t know.
``He was a pretty determined kid I wouldn’t put anything past him in that
respect.
``I’d just ask him to let us know he’s OK. Just give us a nod, so we know you’re
there.’’
This week is National Missing Persons Week.
ANYONE WITH INFORMATION SHOULD CONTACT CRIME STOPPERS ON 1800 333 000.
AUSSIE ARMY SOLDIER MISSING FOR 17 YEARS MAY HAVE LED A ‘DOUBLE
LIFE’
A QUEENSLAND soldier who has
been missing for the past 17 years may have disappeared because of his
sexuality.
Sean Sargent, a manager in the Army, went missing on March 19, 1999 after a
night of heavy drinking with friends at a house party in Brisbane. A coronial
inquest has been set up to determine whether he is still alive.
His family has always maintained Sargent is alive and is working as a covert
military officer in the style of Jason Bourne.
At a pre-inquest conference yesterday the coroner heard that Sargent had
transferred to the Army after serving two years in the Airforce where he had a
relatively “unblemished” career except for a sanction he had received for a
series of incidents in Papua New Guinea in which he was “verbally aggressive,
with sexist and racist overtones”.
Counsel Assisting the
Coroner Peter De Waard told the conference that in July 1998, Sargent became
close friends with another solider, Andrew Juniper, and they often went out
together.
“This is not unusual but
I do note that there appears to have been a rumour within certain Army circles
that the two were in a homosexual relationship. A claim that Mr Juniper denies,”
De Waard said.
“On the subject of Mr
Sargent’s sexuality, a number of previous girlfriends and certain friends and
family of Mr Sargent have also indicated to police that he may have been
homosexual or bisexual. Some witnesses have also indicated that Mr Sargent was
known to frequent gay bars around Brisbane.
“If it was the case that
Mr Sargent was homosexual or bisexual, he was certainly not open about it. It is
therefore possible that Mr Sargent was leading a ‘double life’.”
Sargent’s sister said his disappearance was unusual describing him as “fiercely
loyal to his family”, even calling his sister and her four children on a weekly
basis despite his busy schedule.
In 1998, Sargent was forced to pay a bouncer from a Townsville nightclub $4000
in damages after assaulting him and breaking his nose.
In the months leading up to his disappearance, friends and family reported
Sargent as living under a great deal of stress. Despite previously criticising
people who took their own lives, Sargent had also sent an email to his
girlfriend joking he was considering taking his own life.
On the night of his disappearance Sergeant had been drinking with a number of
Army colleagues at a party in the Brisbane suburb of St Lucia.
After allegedly drinking the majority of a bottle of vodka, Sargent told a
party-goer he “sleep it off” in his car instead of driving home. But both
Sargent and his car disappeared that night.
A man matching Sargent’s description was spotted in the weeks following his
disappearance including at Brisbane’s gay bar, the Sportsman, where a man said
he had drinks with a man who was “very toey” and “not mentally stable” called
Sean.
De Waard told the pre-inquest conference that at the time of the disappearance
the QLD Police had spoken to a number of witnesses but only took one official
statement.
“Another concern is that Mr Sargent’s personal computer was not confiscated by
police and inspected at the time of his disappearance,” he said.
“It was not until three years later, that Mr Sargent’s father alerted the police
to this and a police inspection discovered that one of Mr Sargent’s hard drives
from his computer appeared to have been removed.”
The coronial inquest will be conducted in April and May to determine if Sargent
is still alive and where he would be now. If Sargent is not alive, the inquest
would have to determine what happened to him.
Inquest: Missing army officer Sean Sargent last seen in Brisbane gay
bar 18 years ago
Christine Flatley (AAP), The
Courier-Mail
AN army officer who disappeared 18 years ago was reportedly seen at a
Brisbane gay bar shortly after he was reported missing.
Sean Sargent, then 24, vanished on March 19, 1999 after attending a party with
friends at a house in the Brisbane suburb of St Lucia.
A handful of people have claimed to have seen Mr Sargent since that night, but
there is nothing else to indicate he is alive.
An inquest into his disappearance in the Brisbane Coroners Court, which began
today, is examining both the adequacy of the response by civilian and military
police and what caused Mr Sargent’s disappearance.
The court heard there were suggestions Mr Sargent had been living a double life
as a gay or bisexual man, and that he had hidden his sexuality from the army.
Retired Queensland Police sergeant James Hayes, who was working in the Missing
Persons Bureau at the time, gave evidence he received a report from a witness
who said he had seen Mr Sargent at a popular gay bar in inner-city Spring Hill
almost two weeks after his disappearance.
Coroner John Hutton suggested it would have been logical for the police to put a
photo of Mr Sargent up in the bar, calling for any other witnesses to come
forward, but the court heard that was not done.
Mr Hutton also questioned Mr Hayes closely about disparaging comments made about
Mr Sargent and his close army friend, Andrew Juniper, by two military police
involved in the investigation.
“They called him a faggot,” Mr Hayes reluctantly told the court, prompting Mr
Hutton to note that this attitude was not likely to have encouraged Mr Sargent
to have been open about his sexuality.
Mr Hayes told the court he visited Mr Sargent’s unit at Ferny Hills a few days
after he was reported missing and that everything was intact.
It didn’t look to me like things had been ready packed,” he said. “At that time,
he wasn’t long missing, so we were always confident he was going to show up.”
The inquest is set down for five days.
Detective claims missing soldier, Sean Sargent, is still alive
Kate Kyriacou, Christine Flatley, The
Courier-Mail
RETIRED army investigator Thomas Bere said he was not aware
whether missing soldier Sean Sargent’s elite army training would
have provided him with “special skills to make an identity”.
And the former army reserve sergeant said suicide had never been
considered during his investigation because there had been no sign of a
suicide note.
“Was that an avenue you explored? The possibility that he had purposely
disappeared either within or outside of Australia?” counsel assisting
the coroner, Peter de Waard said.
Mr Bere said they had just been “trying to get out there” and find him.
“Would you consider the possibility of suicide?” Mr de Waard asked.
“No, we didn’t consider that,” he said, adding there had been no sign of a note.
Coroner John Hutton told Mr Bere he had investigated more suicides than “you’ve
had hot breakfasts” and often people were so depressed, they couldn’t find the
strength to leave a note.
The inquest heard Mr Sargent’s disappearance was highly unusual, in that he was
an officer and not a digger.
“An officer doesn’t go missing,” Mr Bere said.
“The diggers ... go back to mum and dad. It was very, very unusual that an
officer did go missing.”
Mr Hutton said that element of Mr Sargent’s disappearance was very relevant and
meant he needed to consider the real possibility the soldier was dead.
“An officer stakes his whole life and career and education in the army,” he
said.
“It’s highly unusual that an officer would go missing, unless he’s dead.”
EARLIER: The police officer in charge of investigating Sean Sargent’s
disappearance has apologised to the missing soldier’s family for failing to
properly do his job.
Sean Sargent was 24 when he disappeared in 1999 after leaving a friend’s party
in St Lucia.
His disappearance remains a mystery, with some believing he is still alive and
living another life.
Mr Sargent’s family was plagued by phone calls for some time after 1999 from
somebody who would not speak but remained on the line to listen to whoever
picked up.
Police traced the calls to some strange places, including Canada, England and
West Africa.
And just before his disappearance, he broke things off with his girlfriend,
telling her there was “something he needed to do”.
The first
day of an inquest into his disappearance heard Mr Sargent was seen two weeks
later in a Brisbane gay bar.
But the court today heard some of the sightings of Mr Sargent were unreliable
and there was no real evidence he was gay or bisexual.
Queensland Police Detective Sergeant Shayne Maxwell — tasked with being the
officer in charge of the investigation — was grilled on the stand about the
shortcomings of his work and took the unusual step of reading a prepared
statement to the court apologising.
He said at the time he was overworked and his health began to suffer to the
extent that he was forced to take extended sick leave.
“(I was) suffering severe headaches, having blackouts at work, wasn’t sleeping
at home,” he said.
“Recurring visions of previous serious investigations I was doing. It affected
my work performance greatly.
“I’d be sitting at my desk and hadn’t communicated with (colleagues) for a
number of hours. They used to come and see me, (ask) what’s going on. I realised
that I had been sitting there doing nothing.”
He said Mr Sargent’s disappearance was his first — and only — missing persons
investigation and he did not familiarise himself with the procedures.
Despite being the officer in charge of the investigation, Det Maxwell said other
investigations took priority and eventually his poor health took over.
“The workload that was undertaken by myself, I believe there was several major
investigations that I was involved in relation to numerous armed robberies
around Brisbane, a murder investigation, a suspicious death investigation that I
was leading, along with a number of fraud, a major drug investigation, and the
day to day investigations that arose,” he told the court.
Lawyer Matthew Holmes, for the Sargent family, said there had been real problems
with the investigation.
“It simply comes down to this — there’d been lots of opportunities missed in the
investigation of Mr Sargent’s disappearance because of a systemic ... problem
within the police force as to the investigation of missing persons,” he put to
the police officer.
“I can’t comment on that,” Det Maxwell said.
“Well can we perhaps put it this way — one hand didn’t know what the other was
doing in a very important investigation about a person that’s gone missing,” Mr
Holmes said.
Det Maxwell said he agreed.
The inquest also heard from retired Army Reserve Sergeant Thomas Bere, who was
the military investigator assigned to Mr Sargent’s disappearance.
Mr Bere said he worked closely with another police officer, retired Sergeant
James Hayes from the missing persons unit, but had never met Det Maxwell.
The military investigator told how he tracked down Mr Sargent’s friends and
scoured pubs and nightclubs, flashing photographs of the missing soldier, in an
attempt to discover what had happened.
Friends of Mr Sargent had no idea why he might have left.
Mr Bere said he had attempted to recover his investigative file from the army
but was told it could not be located.
“Sir, if we had the documents here we’d have the time, date, (the) whole kit and
caboodle,” he told coroner John Hutton, adding “we look silly”.
“The paperwork is not here.”
EARLIER: A detective has apologised to the family of an army officer who
disappeared from Brisbane 18 years ago for his “inadequate” investigation, but
says he still believes the soldier is alive.
Primary civilian police investigator Detective Sergeant Shayne Maxwell told the
Brisbane Coroners Court on Tuesday that his belief about Sean Sargent’s fate
“chopped and changed” throughout the investigation.
However, he said he was currently “of the belief that he is still alive”. Det
Sgt Maxwell defended his views to Coroner John Hutton, who said there was a
“litany” of evidence to suggest Mr Sargent might have taken his own life. The
court heard fresh evidence that Mr Sargent had been depressed before his
disappearance in March 1999.
He had also been highly stressed over criminal charges arising over an assault
he committed on a bouncer in Townsville the previous year, and there were
suggestions he had been hiding his homosexuality or bisexuality from the army.
Mr Hutton said the evidence gave Det Sgt Maxwell “no reason” to hold the view he
was still alive.
He questioned the detective’s refusal to consider an alternate belief,
suggesting it was “to cover up the inadequacies of your own investigation”. The
court heard this was the first missing person’s case that Det Sgt Maxwell had
worked on, and that he had no specific training in handling this sort of
investigation.
The court was told there was also confusion over whether his team or the Missing
Persons Bureau was leading the investigation.
Det Sgt Maxwell admitted there were problems with the investigation, but said
they “did what we believe to be our best to locate Sean”.
“I can see in hindsight there were things that both I and Missing Persons could
have done better,” he said.
“For that I apologise to the court and to the Sargent family.”
Readers seeking support and information about suicide prevention can contact
Lifeline on 13 11 14. MensLine Australia 1300 78 99 78.
EARLIER: A police investigator believes an army officer who disappeared from
Brisbane 18 years ago is still alive, despite a coroner saying he has “no reason
to say so”.
Primary civilian police investigator Detective Sergeant Shayne Maxwell told the
Brisbane Coroners Court on Tuesday that fresh information about Sean Sargent’s
depression around the time of his disappearance in March 1999 did not change his
“honest view” that the soldier was alive.
Coroner John Hutton slammed his answer, saying there was a “litany” of reasons
to support an alternate fate, and suggested Det Sgt Maxwell’s refusal to budge
in his views was “to cover up the inadequacies of your own investigation”.
– Christine Flatley AAP
Inquest into disappearance of Brisbane soldier Sean Sargent
Melanie Petrinec, The Courier-Mail
MISSING soldier Sean Sargent’s childhood friend has told an
inquest he may have joined a secret “agency” because the army
was mediocre.
Mr Sargent was 24 when he vanished on March 19, 1999, after
attending a party at his friend Benjamin Snelling’s university
sharehouse at St Lucia.
Mr Snelling yesterday gave evidence at an inquest into Mr Sargent’s
death and said that he believed the friend he had met in Year 8 in
Mackay could have disappeared on purpose.
“(A) theory is joining agencies ... going to do something not on the
radar as much,” he said. “It’s a bit of a fantasy world, but what
other options are there?
“When he was younger, I think he always wanted that extra thing. I
got the sense maybe the army was mediocre and he wanted to do
something more.”
Mr Snelling was closely questioned about his recollection of events,
but Coroner John Hutton intervened to say he believed the witness
was credible and it was the fault of investigators that his first
statement from 19 years ago was lacking.
“Really the police work in getting the first statement was quite
woeful. The first statement should have been more detailed,” Mr
Hutton said. “The initial investigation was woeful to start off
with.”
Another witness, Mr Snelling’s ex-girlfriend Alicia King, said she
was surprised police had not taken a statement from her when Mr
Sargent disappeared.
She was one of the last people to see him at the party, but was not
approached for a statement until this year.
The inquest had previously heard in May that there were suggestions
Mr Sargent had been living a double life as a gay or bisexual man,
and that he had hidden his sexuality from the army.
The inquest continues today and is examining both the adequacy of
the response by civilian and military police and the reason for Mr
Sargent’s disappearance.
At soldier's inquest, Coroner slams police investigation
A CHANCE to stitch together crucial incidents after soldier Sean Sargent
vanished has probably been lost forever.
Who bought the Finlandia Vodka and Coca-Cola seen in a receipt linked to Mr
Sargent on March 19, 1999, just hours before he was last seen?
Who tried unsuccessfully to use Mr Sargent's bank card 27 days later?
And would that person have been caught on CCTV or identified if staff where the
failed transaction happened were approached?
These issues are now shrouded in mystery, Coroner John Hutton said.
That was because cops at the time did not ask the Defence Force Credit Union the
right questions, he told Brisbane Coroners Court on Thursday.
"We're looking through the glass darkly, 19 years down the track.”
The inquest heard the credit union, now known as Defence Bank, was not asked to
investigate the failed transaction of April 15, 1999.
April 15 was also the day a man matching Mr Sargent's description was reportedly
seen camping in Byron Bay.
Michael Smith from Defence Bank told the inquest that even if no CCTV footage
existed, the bank could back then have determined where the transaction attempt
happened.
Adrian Braithwaite, counsel for Detective Senior Sergeant Shayne Maxwell, who
was officer in charge of the investigation, said there was no evidence the bank
told police about the transaction.
But Coroner Hutton said this was not the bank's fault.
It was up to police to "ask that very question”, he said. "Did they do it? No,
they didn't.”
Coroner Hutton said police "not following through properly” at the time meant
opportunities were lost.
Mr Maxwell earlier this year admitted he should have done more but was
overworked and in poor health when Mr Sargent disappeared.
Peter De Waard, counsel assisting the coroner, said police made only "very
limited” inquiries about bank transactions.
"A week or two weeks of statements were obtained. Certainly not a year or two.”
"There was no inquiry into the location of the transactions and there could have
been, and should have been,” Mr De Waard added.
It is understood Mr Sargent also banked with NAB, and too much time had passed
for that bank to provide statements.
Mr Sargent went to Pioneer State High School in Mackay and his dad Tom retired
to Bucasia.
Military police reported Mr Sargent missing three days after he went to a party
at his friend Benjamin Snelling's St Lucia house.
Mr Sargent was 24 when he disappeared.
Coroner Hutton must examine issues including the adequacy of the civilian police
and military police investigation into the disappearance, and whether Mr Sargent
is dead or alive.
-NewsRegional
Sean Sargent: Coroner finds Brisbane soldier ‘most likely’ died
after car crash into Brisbane River
Melanie Petrinec, The Courier-Mail
A CORONER has dismissed theories missing soldier Sean Sargent left behind
his family and friends to live a “covert lifestyle” as a spy for ASIO or the
French Foreign Legion.
Instead, Coroner John Hutton said the 24-year-old likely died in 1999 after his
car plunged into the Brisbane River.
Mr Hutton also hit out at theories Mr Sargent was living a double life as a gay
man, saying his sexuality was “of no consequence whatsoever”.
Mr Sargent vanished on March 19, 1999, after attending a party at a friend’s
house at St Lucia.
The coroner said there was evidence he drank half a bottle of vodka and was
upset about a fight he had at another party when he got behind the wheel of his
car, which has never been found.
In 1999, Mr Hutton said there was a blind corner at St Lucia on the route he
most likely took with a steep embankment near the river.
“He may well have driven straight over the embankment into the river,” he said.
“He most likely died in a single-vehicle accident in the Brisbane River.”
Mr Hutton said the inquest was conducted under the old Coroners Act, which meant
he was prevented from commenting on issues outside the scope of the hearing.
But he said anyone who sat in the hearings would have “drawn their own
conclusions” as to the initial police investigation.
During the inquest, Mr Hutton was scathing of the investigation, saying it was
“mind-blowing to see how bad it was” in regards to witness statements and other
inquiries that would be considered routine.
“The tragic thing about this whole thing has been the woeful, inadequate,
outrageous investigation at the beginning that could have relieved the family
from such grief,” he said previously.
But he did commend the most recent police investigation, including searches of
the Brisbane River he said were conducted under his orders.
Mr Sargent’s family watched Mr Hutton hand down his findings via video link in
Mackay.