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James
Ryan O'NEILL
He was the subject of a documentary The Fishermen
which was broadcast on ABC TV in October 2006.
James Ryan O’Neill was born Leigh Anthony Bridgart,
in Melbourne, Victoria, in about 1947 or 1948. Educated at Brighton and
Caulfield Grammar and Scotch College, he began working in real estate.
He then became a gun dealer and associated with members of Melbourne’s
underworld.
Between 1965 and 1968, Bridgart, working in the opal
industry, travelled frequently between Melbourne and the South
Australian mining town of Coober Pedy. He also travelled extensively in
Western Australia where at one stage he worked on a cattle station;
documentary makers found people in the Kimberley region of Western
Australia who still remembered him, thirty years later.
In 1969, a business partner of Bridgart’s was
manipulating bullets in and out of a pistol and accidentally shot him in
the head. Bridgart survived but the bullet, which entered his right
forehead and came out of his neck, destroyed most of his sense of smell
and taste.
In 1971 Bridgart was charged with 12 offences
involving abductions and sexual assaults of four boys in Victoria. He
skipped bail and fled to Western Australia. Eventually, in November
1974, he moved to Tasmania and changed his name to James Ryan O’Neill.
One day in February 1975, O’Neill was on his way to a
hospital to pick up his wife and newborn child, when he came across
Ricky John Smith. Smith, aged nine, had been sent to buy a carton of
cigarettes. O’Neill murdered him and dumped his body in remote bushland.
O’Neill was one of many who offered to help in the
search for the missing boy. In the meantime he was planning another
murder. Over the space of two weeks, four or five children were abducted
in separate incidents but managed to escape. O’Neill then abducted Bruce
Colin Wilson, aged nine, and murdered him. Wilson's body was discovered
near Risdon Vale, three months after Ricky Smith’s disappearance.
The two murders were investigated by police,
including Sergeant Richard McCreadie. Eventually O’Neill led police to
where Ricky Smith’s body was hidden.
O’Neill was arrested for both murders, but following
the legal practice at the time he was only tried for Ricky Smith’s
murder. O’Neill pleaded insanity and said that he had been punched and
that a gun had been held to his head, before Sergeant McCreadie and
another detective took him to where Ricky Smith’s body was hidden. Both
policemen denied this. The defence, led by W.J.E. Cox, suggested that
O’Neill may have had a personality disorder following injuries to his
brain that had occurred when he had been shot in the head in 1969.
After deliberating for 3½ hours, the jury found
O’Neill guilty of murder and he was jailed for life. He became eligible
to apply for parole in 1986. In 1991 he applied for parole but was
turned down.
In the 1990s, a freelance journalist named Janine
Widgery had an idea to make a documentary series about unsolved child
murders. She approached retired detective Gordon Davie with the idea.
Davie had been a detective with Victoria Police, with more that 20 years’
experience. He had been involved in a number of high profile
investigations, including the Russell Street bombing and the Hilton
Hotel bombing. He had also been a consultant to the televisions shows
Phoenix and Janus and had won an AFI award for co-writing the
script for the movie The Interview. He was now living in
Tasmania.
Davie liked Widgery’s idea but felt it had no natural
starting point. In 1998, however, he was intrigued by a report he read
in a newspaper about O'Neill. O’Neill had been transferred to the low
security Hayes Prison Farm in the Derwent Valley in 1991, and was
allowed to go fishing for trout in the Derwent River, accompanied only
by his dog. The report said that O’Neill had had no criminal record
before he committed the two murders for which he'd been jailed.
Davie thought this unlikely. O’Neill’s fishing
activities suggested a strong pattern of behaviour, and as Davie said
later, “Nobody gets to 27 years of age and then begins a homicide spree.”
He therefore wrote to O’Neill and asked if he could visit.
O’Neill agreed. Davie assumed that the meeting would
last for about an hour, but found O’Neill fascinating and stayed for the
whole day. He said afterwards:
It whet my appetite because Jim told me he’d
never been in trouble with the police before, never even got a
parking ticket. I spoke to Janine, I said there’s a story in this
man because I don’t believe a word he’s telling me.
This was the first of many visits made by Davie to
visit O’Neill, whom he described as being highly intelligent and
immensely likeable. A friendship grew between the two men, based
initially around their mutual love of fishing. However Davie began
asking more questions about O’Neill’s background and started making
notes. Eventually, after several months, he asked permission to tape
record their conversations. O’Neill gave him permission. Davie continued
to visit and spoke with O’Neill for hundreds of hours over the next four
years.
The tapes of their conversations were transcribed and
enquiries were made at places where O’Neill had said he’d been. A
pattern emerged. O’Neill, according to the documentary makers, had
deliberately misnamed many of the places he’d visited. Much more
alarmingly, children had disappeared at seven or eight of them.
It became increasingly clear to Davie and Widgery
that, using the interviews between Davie and O’Neill as core material,
they would be able to make a documentary about O’Neill and the
activities they suspected him of, including responsibility for unsolved
murders in some of the locations around Australia they knew he had
visited.
It was hard to reconcile this with the man they were
interviewing. Davie said afterwards:
He is one of the most likeable men you would ever
meet. On the first day of filming there were six or seven out there
and at end of the day I said, 'What do you think of him?'
They all said, 'You've made a mistake, this bloke
couldn't have done anything wrong', and I said, 'Don't ever forget
what I said at the briefing last Friday. No matter what this man
says or does, don't ever forget he's a killer.'
Some of the key figures at O’Neill’s trial had gone
on to greater public prominence since the trial. Among these was
O’Neill’s defence lawyer, W.J.E. Cox, who had become Governor of
Tasmania; the junior officer for the Crown, Mr D. Bugg, was now Damian
Bugg, QC, and had become Commonwealth Director for Public Prosecutions.
The most important for the documentary, though was Sergeant McCreadie.
Richard McCreadie was now the Tasmanian Police Commissioner.
McCreadie was interviewed for the documentary about
O’Neill, and confirmed that in his opinion "He’s got a real lust for
kiddies. He’s a multiple murderer."
Davie and Widgery agreed with McCreadie, and said
that O’Neill was probably a serial killer. They believed they could link
him with actual cases. McCreadie had the same suspicion and said:
We started to check on the background, about the
places that he'd been. There were about seven or eight kiddies, who
were almost copybooks, in various places around Australia, who had
simply disappeared -- never to be found. That trail led through
Victoria, New South Wales, Queensland, through Fitzroy Crossing and
down into Western Australia. We found that he had come back through
South Australia and through Adelaide at about the time that the
Beaumont children had disappeared. I am not suggesting he was
involved, but you couldn't discount his involvement.
Asked later to elaborate, McCreadie commented: "My
personal view -- and I don't want you to say the commissioner says he's
red hot for the Beaumonts -- but he could easily have been responsible
for that".
Davie agreed. Being interviewed while promoting the
documentary, he said: "I know O'Neill has told other people he was
responsible for killing the Beaumonts, and I certainly wouldn't discount
him being responsible." A station owner in the Kimberley, who remembered
O’Neill from when he’d been called Bridgart, remembered that Bridgart
had said that he was responsible for the disappearance of the Beaumont
children. Janine Widgery was even more convinced. Having spoken to
O'Neill, she said she knew where the bodies of the Beaumont children
were buried in country Victoria and wanted police to investigate.
Davie had asked O’Neill about the children but
O’Neill denied having been in South Australia before 1966. Davie then
asked him where the road from Melbourne to Coober Pedy went. This was a
journey that O’Neill had told Davie he’d made more than once between
1965 and 1968. According to Davie, when asked the question, O’Neill’s
head went left, his face went scarlet and he knew O’Neill was going to
lie.
O’Neill denied murdering the Beaumont children.
According to Davie, "He said, 'Look, on legal advice I am not going to
say where I was or when I was there', and changed the subject." He
refused to be drawn any further, leaving Davie to wonder about his
involvement and reflect on the accuracy of McCreadie’s remark that
O'Neill "...was going backwards and forwards through Adelaide at a rate
of knots at about that time."
Davie and Widgery’s documentary, which was given the
title The Fishermen: A Journey into the Mind of a Killer, was
screened at the Hobart Summer Festival in January 2005. Offering as it
did a completely new suspect for the disappearance of the Beaumont
children, it achieved Australia-wide publicity. McCreadie’s remarks
about O’Neill, both to the documentary makers and to the police, were
widely quoted. It is not often that a police commissioner describes a
man as being a possible suspect for the disappearance for the Beaumont
children, and says that he has "a real lust for kiddies."
The South Australia police were asked for their
opinion. The officer in charge of major crime investigations, Detective
Superintendent Peter Woite, confirmed that O’Neill had recently been
interviewed. However, Woite said that "no evidence was found to support
this person’s involvement in the disappearance of the Beaumont children.
While our investigation remains active on this matter, this person has
been discounted from our enquiries."
The Hobart-based newspaper The Mercury applied
for permission to interview O’Neill, but reported on 8 February 2005
that it had been rebuffed. Responding to the request, the prisons
director, Graeme Barber, had replied in a letter on 7 February that
while O’Neill was willing to be interviewed, "there is a longstanding
protocol within the Prison Service that inmates, particularly those
sentenced for violent or sensational crimes, are not made available for
media interview."
Mr Barber said that the reasons interviews were not
granted was because they could be distressing to victims, families and
other people involved. They could also disrupt or hinder the safe
running of prisons. The documentary team for The Fisherman had
been given permission to interview O’Neill after stating that they would
be making a documentary about the worm farm in the prison, and about
O’Neill’s passion for fishing.
The documentary was scheduled for broadcast on ABC
television on 21 April 2005. O’Neill objected. He had not appeared
before a parole board since 1991 but said he was thinking of applying
again. He said that the documentary, if shown on television, would harm
his chances. He therefore sought an injunction to stop transmission, on
the grounds of defamation.
The ABC rescheduled the broadcast for the following
week, on 28 April. Meanwhile, the case, O’Neill v Australian
Broadcasting Corporation, Roar Film Pty Ltd and Davie, was heard by
Supreme Court Judge Ewan Crawford on 22 April.
The ruling by Mr Crawford was made public several
days later. In a move that appeared to surprise the ABC and other media
outlets, Crawford said he could "see no aspect of public benefit in the
making public of allegations that the plaintiff was responsible for the
disappearance and murder of the Beaumont children or that he is
suspected of being responsible." On the grounds that it would defame
O'Neill, Crawford therefore granted an interlocutory injunction against
the broadcast of The Fisherman in Tasmania.
The ABC announced both that it would appeal the
decision and that the documentary would still be broadcast in other
Australian states. Commenting on the decision, the ABC’s General Counsel,
Stephen Collins, said that "Mr O’Neill is sentenced to life imprisonment
for the murder of a child. There is no stronger penalty that can be
imposed upon any person in our society, and so it’s difficult for the
ABC to see that he has a reputation which can be tarnished."
The documentary was not broadcast on 28 April. There
was a slight satellite overlap on Tasmania that meant that if the ABC
had broadcast the documentary, around 500 houses in the north of
Tasmania would have been able to receive the transmission. This would
have violated the injunction against it being broadcast in Tasmania. The
documentary was therefore pulled, nationwide.
On 29 August 2005, the ABC’s appeal against Justice
Crawford’s decision was dismissed by a full sitting of the Tasmanian
Supreme Court. The appeal was dismissed by a 2-1 majority. The court
stressed that the injunction was a temporary one; however Justice Alan
Blow said that if O’Neill’s defamation action went to trial, it might be
decided that the documentary defamed him and in this case a permanent
injunction might be granted. This would mean that the broadcast of the
documentary in Tasmania would be permanently banned.
The ABC announced that it would appeal this decision
to the High Court. The ABC said it would file the application in Sydney,
but it was understood that the hearing would be held in Hobart.
On 28 September 2006, by a 4-2 margin, the High Court
quashed Justice Crawford's ruling and said that both he, and two other
justices of the Tasmania Supreme Court, had erred. They had failed to
take into account the importance of free speech, and the fact that if
the program had been defamatory, the damages would have been nominal.
They therefore overturned the injunction.
Following the High Court's ruling, Kim Dalton, the
ABC's director of television, announced that the documentary would be
broadcast on ABC television on 26 October.
While the legal wranglings over the documentary were
taking place, O’Neill had decided to apply for parole. In Tasmania, the
Criminal Code Amendment (Life Prisoners and Dangerous Prisoners) Act
1994 enables prisoners to be resentenced and given a fixed period of
detention and a non-parole period. O’Neill had never done this but had
the right to do so -- it was suspected that unless he did, he could not
apply for parole. The parole board therefore adjourned O’Neill’s case in
May 2005 while it waited for advice from the Solicitor-General as to
O’Neill’s eligibility.
The Solicitor-General, Bill Bale, advised that
O’Neill did have the right to apply for parole, even without applying
for a resentencing under the Act. The parole board could not grant
parole but it could make a recommendation to the Cabinet. When the
parole board met on 24 June 2005 it considered O’Neill’s case, but
adjourned the hearing until 8 July. O’Neill appeared before the board at
the July 8 hearing, however the board adjourned again so that
psychiatric and pre-parole reports could be prepared.
Author's note: I am not aware of any further details
about O'Neill's parole application.
So how likely is it that O'Neill was responsible
for the disappearance of the Beaumont children? Below are the arguments
for, and the arguments against:
No less a person that the Tasmanian Police
Commissioner, Richard McCreadie, thinks that O'Neill could have killed
the Beaumont children. He thinks, as do others who know of O'Neill's
past, that he has committed other murders that he has never been
convicted of. He has demonstrated that he is willing and able to murder
children. Acquaintances of his say that he has admitted to them that he
killed the Beaumont children. He was also in areas where other children
went missing and was often passing through the Adelaide area in the
years 1965 to 1968. Interestingly, when questioned more exactly he
denies ever having been in South Australia at this time.
There is very little evidence to connect O'Neill with
the Beaumont children disappearance. The South Australian police say
that they have interviewed O'Neill in relation to the disappearance of
the Beaumont children but that they have discounted him. Whatever he
told them, it seems to have been sufficient to eliminate him from the
enquiry.
That O'Neill is a murderer is in no doubt, and that
he has committed more than one murder is also in no doubt, but there is
only the barest of evidence to connect him with the Beaumont children --
namely that he might have been in South Australia in the year that they
went missing and that he once boasted to someone in the Kimberley area
of Western Australia that he had killed them. O'Neill is not the only
person to have told someone else that he killed the Beaumont children --
Bevan Spencer von Einem, for one, has been said to have made the same
boast.
Janine Widgery says that she knows where he buried
the children in country Victoria, but why the presumed murderer would
take the trouble to drive the three children all the way out of South
Australia has never been explained. Also, both of O'Neill's known murder
victims and the four children he was charged with assaulting in
Victoria, were all boys. Only the youngest of the Beaumont children,
four-year-old Grant, was a boy. Lastly, there are three other suspects
for the disappearance of the Beaumont children, and logically they can't
all have done it.
The ABC finally has legal clearance to
air a portrait of a murderer. Paul Kalina updates the tale.
EIGHTEEN months ago, the ABC was forced at the
11th hour to pull from its schedule a program about Tasmania's
longest-serving prisoner, convicted murderer James Ryan O'Neill.
O'Neill claimed The Fishermen defamed
him and obtained an injunction in Tasmania's Supreme Court
preventing the documentary's broadcast.
O'Neill's lawyer told the court that the
program would impact on his client's reputation and was not in the
public interest.
But last month the nation's highest court, the
High Court of Australia, quashed the injunction in a 4-2 decision,
saying the lower court erred in granting the injunction by failing
to give enough weight to the significance of free speech.
Jurists and free-speech advocates aren't the
only ones in Australia caught up in the intriguing case of the
child-killer O'Neill, who was jailed for the murder of two young
boys near Hobart in 1975.
Old-timers in the remote Kimberley remember
O'Neill from more than 40 years ago when he passed himself off
variously as a Vietnam War hero, a drover, a bush lawyer and even
an ASIO spy. One explanation he peddled for a bullet wound in his
skull was that his mother's boyfriend had shot him.
There were rumours that he'd paid for the
favours of young Aboriginal girls. He boasted to one station owner
that he was responsible for the Beaumont children, whose
disappearance from an Adelaide beach in 1966 remains one of the
most haunting unsolved cases in the country's history.
As a policeman's widow recalls in The
Fishermen, there was "something not quite right" about
O'Neill.
That was certainly the impression O'Neill left
on retired detective Gordon Davie, who first heard about him after
reading an article in a Tasmanian newspaper.
O'Neill, it was claimed, had been a "cleanskin"
before murdering the young Hobart boys, but Davie wasn't buying it.
"Nobody gets to 27 years of age and then begins a homicide spree,"
remarks the salty detective, whose 20 years on the force saw him
assigned to the Russell Street and Hilton Hotel bombings.
In late 1998, Davie met O'Neill. He thought
he'd spend an hour with him but ended up staying the entire day.
"It whet my appetite because Jim told me he'd
never been in trouble with the police before, never even got a
parking ticket . . . I said there's a story in this man because I
don't believe a word he's telling me."
Over the next four years, Davie made frequent trips
to Hayes Prison Farm and asked O'Neill if he could tape their
conversations. With the assistance of freelance television reporter
Janine Widgery, the tapes were transcribed and analysed and inquiries
were made at the various places O'Neill said he'd been in the years
before arriving in Tasmania. Alarming facts and patterns emerged.
Children had disappeared at seven or eight places
O'Neill had been. He'd deliberately misnamed many of the places he'd
visited. He'd jumped bail for serious crimes in Victoria in 1971. He
denied having ever been in South Australia before 1966, yet had told
Davie of trips between Melbourne and Coober Pedy from 1965 to 1968.
"I asked him one day, 'Where does the road run from
Melbourne to Coober Pedy?' I knew his body language at this stage. You
can read his body language very easily after you have spent time with
him. His head went left and I knew he was going to lie. He said, 'I
had to skirt around Adelaide,' and went scarlet."
Equally intrigued was the documentary's director,
Steve Thomas, who admits to being "transfixed" when he met O'Neill. "You
have this knowledge of what this person has been locked up for, but .
. . across the table he seems to be a very intelligent man, quite
formidable in fact, intelligent, articulate, well-read."
Widgery also fell under O'Neill's spell.
"When he's talking about fishing, and this is the
whole angle of the doco, he's not talking about fishing. Everywhere he
talks about fishing is where children have been murdered or gone
missing. His sexual gratification is reliving it. He's a charmer, and
that's the scary part. We got to like him."
Thomas's decision to use two cameras to film
Davie's interviews with O'Neill goes to the heart of The Fishermen.
"For me it was really a matter of trying to record
that conversation," Thomas says. "There was some stuff that we thought
would be unwise to put to air for legal reasons . . . and some stuff
that would have been too tabloid.
"We really tried as much as possible to confine it
to this very intimate story of these two men sparring and this man on
a journey to uncover the truth."
"He is one of the most likeable men you would ever
meet," Davie admits. "On the first day of filming there were six or
seven out there (Hayes Prison Farm) and at end of the day I said, 'What
do you think of him?'
"They all said, 'You've made a mistake, this bloke
couldn't have done anything wrong,' and I said, 'Don't ever forget
what I said at the briefing last Friday. No matter what this man says
or does, don't ever forget he's a killer.' "