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Authors: Jock Serong

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‘Why? Why not weigh the body down and dump it at sea? Why not sink the boat with the body in it?'

‘I guess because that area's not very deep, according to the local coppers, and someone would eventually come across the boat. You know, snag it on a net or a craypot or something.'

‘All right. Why not tow it out to sea and then do it?'

‘Yeah, why not? That's the best of all worlds. Take it ten miles out and do it…you've got sonar so you can make sure it's deep. Maybe they just panicked, but if they set the killing up from the very start, why would they fall at the last hurdle like that?'

‘What do the cops say about that?' Charlie could see Weir laying out a matrix of thought that stretched well ahead of the question.

‘They've got no problem with calling it panic—they reckon these boys are both a bit thick. They're also pretty fond of the idea that the gun only came along for intimidation. Whichever of these two was holding it, he's just lost his composure momentarily and bang. Course, that makes it a felony murder for the other, so it doesn't much matter who was who at the time. Everything just unravels for them after that and they decide to torch the boat without thinking. Too late once it's alight.' Charlie slapped his hands onto his knees and exhaled.

‘What about the weapon?'

‘Search and rescue picked it up easily enough. They drew a straight line between the area where the witnesses place the boat on fire and the harbour mouth, then they just dived a grid both sides of that line, and there it is in about ten feet of water. Bolt-action twenty-two. Ballistics are a match. Silly bastards didn't even think to go and dump it somewhere else.'

Weir had the glass paperweight under the end of one finger and was rolling it on his desk blotter, firing sparks of refraction at the walls. ‘So what's the problem?'

‘The brother.'

‘What, the, er…' Weir lifted a volume from the shelf behind him and leafed through it. ‘…Patrick?'

‘Yeah. Firstly it doesn't make sense that he'd spend the day with his brother doing business with Murchison and McVean, they get into a dispute with them, and Patrick lets his brother head off knowingly into a dangerous situation while he stays at home to watch a movie. Why didn't he try and talk the victim out of it? He says it himself—it could've waited till morning.'

Weir watched him, fists bunched under his nose, elbows on the desk. Heavy enamelled cufflinks protruded from his coat sleeves.

‘Second thing is, it's the better explanation for the failure to dispose properly of the body. Whether they intended to shoot Matthew Lanegan or not, Patrick's got away from them, meaning that they had to deal with him rather than deal with the body.'

‘So what about the fire?'

‘They reckon there was an accelerant. Deliberate arson. So you say to the jury, they shot Matthew, Patrick was there but he got away from them, they're in a complete flap and they can't afford to risk Patrick making his way back to shore while they're towing the evidence out to sea. They need to be safely back in harbour and off their boat by the time the brother makes it home and raises the alarm. Quickest thing is to slosh the Lanegans' boat with fuel and light it up.'

‘Why not shoot holes in the thing?'

‘Because you're back where you started—the boat's on the bottom in shallow water and easily recovered. Fishing boats don't just sink on a calm night. Mind you, I think that's assuming too much insight where these fellers are concerned. I'm all for the panic theory.'

‘And there's no panic without Patrick out there,' said Weir. ‘Otherwise they've got all the time in the world.'

‘Patrick's got his own reasons for wanting to say he wasn't there, presumably.'

‘Presumably he has. But he's going to have to do better isn't he?'

‘He's given his version.' Charlie shrugged. ‘We can't influence him to change it.'

‘I'm not suggesting we influence him. He may have made his statement under some kind of pressure, maybe still grieving. There might've been threats—god, we don't know what goes on in these places. The first part of his statement rings true, so he's half-implicated the accused. He just didn't go all the way. We need to work out why he said this stuff when logic would suggest it isn't true. He doesn't have a clear motive for lying, this kid.'

‘So we send the local copper around with instructions to get a second statement?'

‘The local copper might be part of the problem.'

Weir lit up his most beguiling smile. The glasses rode up on the wave of creases across his nose. ‘I was thinking we might send you.'

Charlie knew he'd been had—Weir had been circling him invisibly for the last ten minutes with his feigned bafflement, closing the gates around him until he was trapped, a victim of his own analysis. He owed the man his professional survival, and Weir, for reasons only he knew, was going to exact a price. The old swindler was gazing, affably enough, straight into Charlie's eyes. The smile faded slowly, leaving the faintest line of amusement curling at the corner of his mouth.

THIS IS A TAPE RECORDED CONVERSATION BETWEEN DETECTIVE SERGEANT NEIL ROBERTSON AND TOBY JAMES MURCHISON OF 22 CASPIAN STREET, DAUPHIN IN THE STATE OF VICTORIA, CONDUCTED AT ST KILDA ROAD POLICE COMPLEX ON MONDAY 24 AUGUST. ALSO PRESENT IS MY CORROBORATOR, DETECTIVE SENIOR CONSTABLE BRYAN GOODALL.

Q1
Toby, do you agree the time by my watch is 10:13 pm?
A
Yeah.
Q2
Okay. Just get my things organised here. Toby, just for the purposes of the tape, can you state your full name and address please?
A
Toby James Murchison, 6 December 1976, and, sorry you didn't need that, did you. Um, 22 Caspian Street, Dauphin.
Q3
Right, now Toby I intend to ask you some questions in relation to the
death of Matthew Francis Lanegan. Before continuing, I must inform
you that you are not obliged to say or do anything, but anything you
say or do may be given in evidence. Do you understand this?
A
Yeah.
Q4
I must also inform you of the following rights. You may communicate
with, or attempt to communicate with a friend or relative to inform
that person of your whereabouts. And you may communicate with,
or attempt to communicate with, a legal practitioner. Do you understand
those rights?
A
Yeah.
Q5
Do you want to call anybody before we ask you further questions?
A
Nah Robbo, that's all right.
Q6
You don't want to make a phone call?
A
No. No thanks.
Q7
So you don't wish to exercise any of those rights before we commence?
A
No.
Q8
OK, I think you gave us your date of birth, now are you an Australian
citizen?
A
Yes.
Q9
Are you a permanent resident in Australia?
A
Yes.
Q10
And are you of Aboriginal or Torres Strait Islander descent?
A
Nah.
Q11
Okay, Toby the purpose of us talking to you here today is in regards
to a phone call you made to us yesterday, do you agree with that?
A
Yeah. I called youse, yes I did.
Q12
And so the reason you're here today is in response to that, or is
because of that, is that correct?
A
Yeah. As I said, there was a fair bit of talk in the town and I wanted
to come in and clear the air a little bit.
Q13
So you attended at the Dauphin police station last night, is that right?
A
Yep, and they gave me the number to ring youse, which I did.
Q14
Okay, and we asked you to come up to Melbourne and talk to us here
today, and you've been good enough to attend here tonight on your—
on your own volition, is that right?
A
That's right, yes.
Q15
Well we certainly appreciate it. Are you okay with work and everything?
Did they give you tomorrow off?
A
Oh yeah that's all fine, it's just dad, so that's—that's right, yeah.
Q16
It's just sometimes, in our experience, people come in to talk to the
police and their employer gets—you know—gets the wrong idea and
goes jumping to conclusions about things ---
A
Nah, dad's a grumpy bastard at the best of times, ey. He'll be right,
he just wants this out of the way, you know, just get it cleared up, like
I said.
Q17
You're referring there to your father, who's Alan Murchison, is that
right?
A
Yes.
Q18
And Alan is the owner of the Normans Woe Hotel, and he's also the
president of the local, er, abalone board?
A
Yes.
Q19
Okay, so you're currently employed as a bistro manager at the
Normans Woe Hotel in Dauphin, is that right?
A
Bistro and events, yeah. We've got an events company going too, and
I take care of all that. Like, race days and weddings, that sort of stuff.
Q20
And how long have you held those positions?
A
Since '03, for the bistro, and, ah, last winter for the events management.
Q21
And what about before that? What were you doing then?
A
Well every season I do abs on our boat, the Open Quest. Like, I do a bit of decky's work, and also transport the product up to Melbourne, to the markets, and I do the contracts with the cannery, and just help keep it all running. But I ---
Q22
What about the, er, the eco-tourism?
A
Yeah, I was going to say, I had the eco-tourism business before the events thing got going.
Q23
What was that all about—the eco-tourism?
A
Oh, we had a van, like a four wheel drive minibus, and we just showed people the beaches. You know, if there were whales in, we'd try to get them out to the lookout above Gawleys at Antonia's Beach there and give them a look. We did camping out in the dunes, had some blackfellas on the books who'd come out and do a bit of a cookup and talk about the area, like dreamtime stuff and that. Kayaks too, on the flat days. Um, learn to surf. That's about it.
Q24
All right. Now you know that we're here to talk about events that occurred last night, don't you?
A
Yeah, I understand that, but I don't ---
Q25
All right, in particular that a young fella named Matthew Lanegan was shot last night at sea on his boat the Caravel and ---
A
Yeah I heard about that ---
Q26
- and that his boat was then set on - appears to have been set on fire. Now firstly, is there anything you wish to tell us about that incident, or those incidents?
A
I don't know anything about them, no.
Q27
Okay, what were you up to yesterday?
A
What, all day?
Q28
Yes.
A
Well, I did an oil change on the four wheel drive in the morning, then I took the drum of old oil out to the tip. Um, had lunch in the bistro at the pub. In the afternoon, I went to a clearing sale with dad up at the Rosslyn's, came back, dropped in at the pub and did a roster -
Q29
What time would you have returned to the pub?
A
Oh about four thirty.
Q30
And I should just ask for the sake of clarity, when you say ‘the pub',
you're referring to the family business, the - the Normans Woe Hotel
in Dauphin.
A
Yes that's right.
Q31
Okay, so four thirty you're doing a roster. Now can I ask you, you
know a man named Michael John McVean?
A
Yes I do.
Q32
And how do you know him?
A
He works for dad, does odd jobs around the place. He's kind of, I
suppose you'd say, just a general employee of the family business.
Q33
So by that do you mean the pub or the boat or the other ventures you
mentioned just before?
A
Well, all of them. Whatever needs doing.
Q34
Do you know where he was yesterday?
A
Ah, I think he was taking a load of seafood up to Melbourne to the
markets for us.
Q35
Why would he be doing that? Aren't you on a contract with a buyer
who collects it all for you?
A
Yeah we are, but now and then you get a special order, maybe a
restaurant or that, or maybe you catch something unusual and you
want to run it up there fresh. It's good for relations, you know?
Q36
Who did he go to Melbourne with?
A
As far as I know he went on his own.
Q37
Are you sure about that? You're not aware of anyone who was travelling
with him?
A
No I'm not.
Q38
Well Mr Murchison, one of the things we check on when there's
a death like this, a suspicious death, is we look at the deceased's
phone records, you understand?
A
Yeah, that makes sense.
Q39
And here, we've had a look at Mr Lanegan's phone calls, and he talks
to you three times, at er, let me look at this, at 12:31 pm, 12:36pm and
5:12pm yesterday afternoon. Now can you think of any reason why
you two would be talking yesterday afternoon?
A
No. No I can't. Unless he was ordering something from the pub or -
Q40
No, I don't think you're following me, Mr Murchison. Those calls
went through phone towers—you understand that mobile calls can
be located by the nearest mobile phone tower ---
A
Yeah yeah.
Q41
- and those towers were at Werribee, for the first two calls, and then
Geelong for the later one. He wasn't in Dauphin, I suggest to you.
A
Oh right, yep.
Q42
Can you see -
A
- I don't -
Q43
- how that makes it -
A
I'm not sure -
Q44
- look a lot like you were talking to him while he travelled?
A
Yes I can, but I have no recollection of doing that.
Q45
You don't know how that could be?
A
No I don't. Could I -
Q46
You must agree that it looks a lot li -
A
- make a phone call?
Q47
Well, who do you want to call? I mean, er, I've offered you your right
to call a lawyer, but you can't, for operational reasons I can't have you
calling anyone else right now you understand?
A
Yep. I do. I'll call me lawyer thanks.
Q48
All right, we'll just pause the recorder there for a minute. Mr
Murchison do you agree that the time by my watch is 10:33pm?
A
Yep.
Q49
All right.

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