The Brisbane lawyer
Andrew Boe had long, jet-black flowing hair past his shoulders when he took on
the task of defending Ivan Robert Marko Milat, accused of Australia's worst
serial killing spree: the backpacker murders.
He's now bald for a young fellow, and won't talk publicly about the case,
or the bad karma which he is still trying to distance himself from through
other legal aid works.
Nor, as he said told the Herald last Sunday, will he speak ill of a
dying man.
He's talking about the flamboyant Sydney solicitor, John Marsden. But he
agrees Marsden's recent extraordinary statement is wrong: that Milat had a
killing partner in the Belanglo State Forest, but it wasn't a brother, but his
now deceased sister, Shirley Soire.
Boe won't say why, only just that Marsden never saw, or got to read, the
police brief of evidence against Milat.
Last Saturday Marsden reared the long-debated spectre of the one, two or
more killers theory that has haunted the disappearance and murders of seven
hitchhikers between 1989 and 1992.
Boe should know. He was Milat's lawyer throughout his committal hearing and
trial. He'd been appointed at Milat's request shortly after Milat sacked
Marsden (within a few weeks of his arrest at the house he jointly bought with
Soire at Eagle Vale).
On that cold, sunny Sunday, May 22, 1994, Soire, whose marriage had
collapsed and who was not at home when police raided the house, jumped to
Milat's defence. She phoned Marsden at his home, where he was hosting a
barbecue, and asked him to go to Campbelltown Police Station where Milat was
being held.
At that point Milat had been charged only with the robbery and attempted
abduction at gunpoint of an English backpacker, Paul Onions - the one who got
away and whose identification of Milat had led to his arrest.
MILAT and Soire were fifth and sixth in the order of the 14 Milat children
born to Margaret and Stijphan Milat. Soire turned to Marsden because in 1974
he had successfully got Milat off the charge of raping at knifepoint one of
two young women hitching to Melbourne in 1971. Court transcripts say there is
no "genius" in Marsden's defence as he has since bragged.
[The rape victim, "Margaret", who had been in and out of clinics receiving
counselling and felt guilt for what had happened, bought the case crashing
down under Crown cross-examination when she said she secretly wanted to have
sex with Milat at the time and agreed to have intercourse.]
In the Onions case, and another case where two women came forward after
Milat's arrest and revealed their unreported abduction and escape in remote
Wombeyan Caves bushland by a man fitting Milat's description, Milat was alone.
These cases have long been held up by the Backpacker Task Force commander, the
now former assistant commissioner Clive Small, as supporting the lone killer
theory.
But last Saturday he and Marsden came to loggerheads when Marsden spoke of
a female accomplice.
Marsden has since told the Herald's Kate McClymont he was doped to
the gills with a double hit of morphine when he named Shirley Soire. Initially
he named another female member of the Milat clan, made some extraordinary
statements about other people unrelated to the case, then named Soire and
ended the interview believing he had been speaking to a police officer.
When the Herald asked Marsden this week what was his evidence, he
said he had none, that Soire never told him anything, and that it was simply a
"gut" feeling because Soire lived with Milat when the murders occurred.
He is wrong. Soire never lived with Milat during his killing spree, but
moved into their new home in July 1992, four months after the last of the
known murders � the Easter killings of Britons Caroline Clarke and Joanne
Walters.
Throughout that killing period Milat lived with his elderly, ailing mother
Margaret, his crippled younger brother DavidJohn and another brother, Richard,
and his fiancee and son at the family home in Campbell Hill Road, Guildford.
Shirley Milat was born on February 21, 1946, 14 months after Milat was
born. At the time the family lived in Quarry Road, Bossley Park, in a big shed
divided down the middle with a curtain. The bedroom side was divided by
another curtain � Mum and Dad on one side, the children on the other. The
living area had a wooden floor, the kitchen had dirt. Dad was a market garden
labourer with his father-in-law, and also laboured on the docks.
She married Gerry Soire, a German, and, says her older brother, Boris, had
fired a gun only once in her life. They came to live in Thunderbolt Drive,
Raby, a suburb adjoining Eagle Vale. (Ironically Joanne Walters had given
Immigration on arrival in Australia an address in Thunderbolt Drive of distant
family friends as a potential place of residence, but never visited them
during her time in Sydney.) Shirley, who died in 2003 after a long illness,
had moved from there before the British girls arrived in Australia.
It has long been held by police (members of the backpacker taskforce are
divided on the one- or two-killer theory) that some family members feared
Milat had returned to his old ways � raping hitchhikers � following the
break-up of his marriage to Karen Duck on Valentine's Day, 1987.
What is known is that Milat took the opportunity to renew an affair with
Marilyn, the former wife of his brother Boris, with whom Milat had a daughter.
For this liaison Boris twice tried to kill Milat. (Likewise, his brother,
Wally, had taken off with a rifle in search of Milat in the late 1960s
believing he had had an affair with Wally's then first wife.) When the affair
with Marilyn ended in 1988 and Milat found himself without a partner, the
killings began.
Did Soire suspect Milat of being up to more than serial rape?
During the time I covered the case, Detective Sergeant Steve Leach and I
would debate the one- or two-killer theory and who in the family had an
inkling. Leach, who has since died, said he believed Soire had no idea, and
had collapsed over him in a flood of tears in Campbelltown Local Court the
morning police introduced the fresh murder charges. Leach was sitting beside
her. He had to carry her from the court.
It was Soire who introduced her colleague, Chalinder Hughes, to Milat when
he was living in Guildford, after the British girls were murdered.
Soire was never called to give evidence in Milat's defence or by the
prosecution. She refused all attempts by police to be interviewed about who
owned what in the house or to reveal where the green-and-white striped
Benetton shirt believed to belong to Caroline Clarke came from.
Milat said on the witness stand it was in the washing and he thought it was
Soire's. He gave it to Hughes to wear on a bike ride because she was cold. No
one has ever said what happened to it. Hughes, who now has nothing to do with
Milat, initially believed he was innocent, as do all of Milat's former
sisters-in-law, who told interviewing police that some of his brothers were
capable of far more violence.
Boe ran a defence of trying to confuse the trial jury, that Milat had been
loaded up by a bitter brother or someone close to the family, so close as to
be able to gain access to his Eagle Vale home. Richard and Wally were
bushwhacked by Milat's defence, but denied any involvement.
Yet after Milat's arrest, police mounted a secret operation to see if he
had had an accomplice; a forensic psychiatrist , Dr Rod Milton, who examined
the Clarke-Walters crime scene, believed two killers were at work and they
were brothers, one dominant.
A forensic pathologist, Dr Peter Bradhurst, who conducted the autopsies,
felt two killers were at work from the different manners in which couples came
to die. Clarke was shot 10 times and stabbed once while blindfolded. Walters's
murder was a frenzied knife attack; more than 20 wounds in the back and at
least 10 in the chest.
Police used a Milat family friend, Phil Polglase, in a unsuccessful bugging
operation on Richard Milat, who had been targeted after bragging at his work
that "stabbing a woman was like cutting a loaf of bread". Polglase died in a
car accident before he could give evidence at Milat's committal. But in
statements to police after Milat's arrest he said had been staying at the
Milat Guildford home on the Easter holiday long weekend in 1992 (the period
when the British girls were murdered) as a guest of DavidJohn.
He had been sleeping in the lounge and was woken by Milat and another male
family member returning home carrying guns and a large hunting knife. He was
admiring the knife, and noticing a black, sticky substance on the hilt, asked
if it was goat or kangaroo blood. The male relative with Milat allegedly said
it was "human" in a joking manner, then added: "Ivan can cut your head off
with one blow. I've seen him do it."
Milat, Polglase said, then remarked: "[The relative] can't stab anyone. He
has to shoot them."
On another occasion Polglase was asked by DavidJohn if he could return
several boxes of Winner brand subsonic .22 ammunition he had given him the
previous day. That type of ammunition was made in South Australia for rabbit
shooting and was ideal for snipers because it doesn't make a crack - almost as
if a silencer has been used - when the bullet discharges. DavidJohn said he
gave Polglase the boxes by mistake, that they belonged to Milat and that the
brand was no longer made.
Empty boxes of the Winner brand subsonic ammunition with the same
production batch sequence numbers were found at the murder scenes of Clarke
and Walters and of Anja Habschied and Gabor Neugebauer, and a number of full
boxes were found in Milat's room at his EagleVale house.
Polglase told police DavidJohn told him the family was worried that Milat
was up to his old tricks. Polglase remarked something like: "What, robbing
people?" DavidJohn allegedly said: "No, worse." Then DavidJohn added: "And we
think he's taking [the relative] with him."
Even Justice David Hunt accepted Milat did not act alone. In sentencing him
to seven life terms, he said the case was overwhelming. "In my view, it is
inevitable that the prisoner was not alone in that criminal enterprise, but I
do not take that fact into account either in aggravation or mitigation when
considering what sentence should be imposed," he said.
Les Kennedy is co-author of the book Sins of the Brother - the
definitive story of Ivan Milat and the Backpacker Murders (Pan Macmillan).















Belanglo Murderer DNA Found on
Recent Murder Victim