Suspicion

The Age

Friday October 10, 1997

Bill Birnbauer

ON THE FLOOR of the loungeroom are a cup and saucer, three biscuits on a plate, an ashtray full of cigarette butts, a wet nappy and a tin of baby powder. The television is on, as is the gas heater. An iron and ironing board are nearby. On the floor also, a spent .22 calibre cartridge. On the two-seater couch, a white blood-soaked bath towel and a lightly stained cushion. Resting between her legs, her husband's .22 calibre bolt-action rifle; another spent cartridge in its breach. Blood on the weapon.

She is barefoot. Her right leg is straight out, the left bent. The fly and top button of her blue denim jeans are undone, her black top slightly pulled towards her ribcage. Her right hand is resting on her stomach, just below the navel. The thumb and index finger of her left hand are partly wrapped around the rifle barrel. Her head is tilted forwards and to the left.

Jennifer Tanner, 27, is slumped on the bloodied couch. A centimetre above her eyebrows, a small wound. Just above that, a bigger wound. There are wounds on both hands, bullets having entered the palm side. Samuel, her 21-month-old son, sleeps in the bedroom across the hall from the loungeroom.

Was it murder or suicide at Springfield, the old Bonnie Doon property, on the night of 14 November 1984? Grumbling suspicions about the shocking events of that evening have persisted, and now, at last, a second inquest is under way into Jennifer Tanner's death.

The first inquest, by coroner Mr Hugh Adams, in December 1985, was hampered by bungled inquiries and a police investigation that was slanted towards a suicide scenario.

In a finding highly critical of police, Mr Adams noted the lack of a letter or apparent reason for Tanner to kill herself. He noted, too, that the crime scene had been cleared the next day. That despite an autopsy finding of two bullet entry wounds, no forensic nor ballistic tests were sought. "Now I am at a loss," Mr Adams said, "having regard to the two injuries to the forehead and the fact that the weapon was a manually loaded rifle, that the homicide squad was not asked to assist ..." Photographs were not taken of Tanner's body on the couch. Due to the state of the evidence, the only finding he could make was an open one.

There the matter sat, despite suspicions and assertions by her family, a policeman and others, that Jennifer Ruth Tanner, a woman who hated guns, was murdered.

Nine-and-a-half years after that ruling investigations into Jennifer Tanner's death were reopened after a transsexual prostitute's body was discovered in a disused mine shaft not far from Springfield, on the Maroondah Highway.

Two months later, in September 1995, Springfield burnt to the ground, destroying any evidence it may have retained. In July last year, Tanner's body was exhumed from Mansfield cemetery for pathology testing. In December, the Victoria Police successfully applied to the Attorney-General, Mrs Jan Wade, to quash the original inquest finding and another inquest was ordered. Since then, police have conducted further inquiries.

In his opening statement on Monday, the counsel assisting the coroner, Mr Jeremy Rapke, sketched out the lives of Jennifer Tanner, her husband, Laurie, and his brother, Denis, and provided some details of the latest inquiries. The following is based on Mr Rapke's opening address, statements made by witnesses and observations in court.

Mr Rapke said it was also the job of the coroner, Mr Graeme Johnstone, to consider if any person had a motive to murder Mrs Tanner. He would be calling some evidence on this issue. However, it would be wrong for anyone to assume such evidence indicated any prejudgment of the question of whether it was suicide or murder, and, if she was murdered, by whom.

The country copper

With his hair slicked back, moustache bristling, and dressed in a rumpled fawn suit with a too-short schoolish tie, the wistful Bill Kerr this week looked for all the world as if he had stepped from the set of The Sullivans. But for Kerr, the senior constable who retired in 1993 because of what he said was pressure by senior police, this week has been coming a long, long time.

On the night of the shooting, Kerr, and another officer, were at Mansfield police station and were the first to arrive at the Tanners' house about 10.40pm.

Soon after examining the scene, Kerr says he was told, "it appears to be a suicide, we won't need photos" by an Alexandra CIB officer whom he had phoned from the house.

But after an autopsy two days later had located two bullets in Jennifer Tanner's skull, he began to doubt it was suicide. He interviewed several of Jennifer's friends: one had spoken to her between 9pm and 9.20pm on the night of the death and found her in good spirits. Another said Jennifer had told her she was frightened of her husband's brother, Denis Tanner, and that he had threatened or acted in a threatening manner towards her.

Four days after the death, Kerr says he had a conversation with Laurie and Denis Tanner, who was a policeman then stationed at Footscray CIB, and that Denis had mentioned he was at the trots on the night and did not get the message about the death until 5am or 6am the next day.

But several months later, Denis Tanner said in his statement he had been at a bingo meeting in Melbourne that night.

Kerr, who was responsible for compiling the first inquest brief, this week told Mr Johnstone he believed the first inquest was a whitewash, and that senior police had withheld evidence from it. He said senior officers had refused his request to have Denis Tanner interviewed about the death. "I was bashing my head up against a brick wall ... I eventually gave up," he said.

Kerr said he had made several requests to senior officers for the rifle to be tested. Time and again, the reply was no and that the death was a simple suicide.

The coroner this week spent some time examining how and when a large section of Kerr's original inquest statement that outlined his concerns about Denis Tanner came to be cut from his statement. Kerr told the inquest he had felt he had been railroaded. "The whole thing seemed to be a whitewash, the evidence that I thought should be led to the court was pushed aside," he said.

The husband

Laurence Tanner sat behind his counsel this week, grim-faced and withdrawn. Next to him was his brother, but Laurie didn't say much to anyone. A tall, lean man with glasses and curly hair, he appeared to listen carefully to witnesses and took occasional notes.

Laurence Tanner, a farmer, told the first inquest that he had spent the afternoon of 14 November organising things for the Mansfield Show, on the coming Saturday. He'd gone home at 4pm and had taken Jennifer and Samuel for a drive around the paddocks to check the sheep and cattle. Denis had phoned that afternoon. After an early dinner - just after Sale of the Century - he left for Mansfield to vacuum a shop floor for Jennifer. On the way, he picked up milk, bread, a newspaper, and a chocolate for his wife. After the vacuuming, he'd gone to the showgrounds, then he'd spoken to someone about working at the showgrounds the next day. He arrived at the McCormack house about 9pm. Angela McCormack told him she had just spoken to Jennifer on the phone.

"I arrived home at about half past 10 and walked in the back door, put the milk, bread, Courier and Cherry Ripe on the kitchen table. The TV was going and I noticed through the loungeroom door, which was open, Jenny on the couch, covered in blood and the rifle between her legs," he said.

"I cannot think of any reason why Jenny would take her own life. All I can suggest is that it may have been brought about after the birth of Sam. She became very depressed and seemed to have two personalities. She would become very moody, but would hide her bad moods when we had company. I tried to get her to see a doctor in relation to this, but she would not go. She insisted there was nothing wrong with her."

THE BROTHER-IN-LAW

Neat, solid, expressionless and with a steady gaze, Denis Tanner was more active in taking notes and talking to his counsel than his brother. A policeman since October 1973, he is a detective sergeant and is the officer in charge of the Benalla criminal investigation branch.

At the first inquest, he recalled he had been best man at Jennifer and Laurie's wedding and had known the bride for between 12 and 15 years. He and his wife were frequent visitors to Bonnie Doon, on the tip of Lake Eildon, and Jennifer had stayed with them in Melbourne.

"We all got on very well," he said. "It became apparent to both my wife and myself that something was bothering the deceased because there was a definite change in her following the birth of the child. Before the birth she was a normal open-going person with an easy-going nature. After the birth she progressively changed."

On the day of the shooting, he had telephoned Springfield and spoken briefly to Jennifer and then to Laurie about breaking in a young mare. That evening, he had gone to a bingo game at the Carmelite Hall in Richardson Street, Middle Park, where he was a regular visitor. He recalled there had been a presentation to a retiring organiser. He got home between 10pm and 10.15pm and went to bed. At 5.30am, police came to the house and told him about Jennifer's death.

In opening this week's inquest, Mr Rapke said Denis Tanner's alibi was investigated for the new inquest in the light of him having told police soon after the shooting that he had been at the trots. "Clearly, both accounts cannot be correct," Mr Rapke said. The only harness race meeting on 14 November 1984 was in Bendigo.

Denis Tanner's claim he had been at a bingo night was "also open to doubt". Mr Rapke said people at the bingo night had no recollection of a presentation; it is believed there had been a presentation on 31 October 1984.

"It can thus be seen that real questions concern the accuracy and reliability of Denis Tanner's proffered alibi," Mr Rapke said.

Police investigators also had a statement from Paul McCormack, who said that about a month after the tragedy Laurie Tanner told him Denis had "cleaned the mess" the morning after Jennifer's death. McCormack was told the couch had been burnt because of the blood stains on it.

Mr Rapke also said that in August 1996 Sergeant Helen Golding gave a statement saying she had visited Denis and Lynne Tanner's house two weeks before the shooting. Golding was close friends with Lynne, and godmother to Denis and Lynne's four children. Denis said he had visited Jennifer at Springfield to tell her to treat Laurie properly and start looking after her son. Golding recalled Denis claimed to have told Jennifer that it was unfair for his brother not to be getting any sex. "It was Golding's opinion that Denis Tanner hated the deceased and was not happy that his brother had married her, describing her as the 'town bike'," Mr Rapke said.

"She observed him display a distinct lack of respect for the deceased, and on occasions, display anger at what he perceived to be the poor treatment that his brother, Laurie, was receiving from Jennifer. On other occasions, Golding saw Denis Tanner angry over his perception that Jennifer was not looking after the baby. He commented that Laurie had to come in every four hours off the land to change the baby's nappy and to feed him."

In her statement, Golding said Lynne Tanner told her on 15 October 1984 that Denis had not arrived home until about 5am and that she had no idea where he had been. "It will be recalled that this was the morning after the death of Jennifer Tanner," Mr Rapke said.

In September last year, Golding told Lynne Tanner about her statement to police. A few days later, Lynne advised Golding she had told her husband about the statement. Soon after, Sergeant Golding received threatening phone calls at her Geelong community policing squad office. She was told she should be ashamed of what she had done, that she wouldn't make it to court and was a bitch.

On 25 September, Denis Tanner rang Golding's home and in a conversation with her husband made reference to ". . . the pricks in the job that try and fix up other members, but their turn will come".

Mr Rapke said Golding also received threatening letters. One said in part:

". . . Do not follow through with this - life is not worth it and it won't be worth it. You should have the message by now and if not you soon will . . . If this goes ahead 'YOU'RE DEAD' but not without pain or alone. You won't get another warning, the moment you make a move to Melbourne start watching your back."

Mr Rapke said the inquest would hear that in early 1989 Denis Tanner and his wife were exploring the possibility of selling their home and buying a country motel. A motel broker, Kevin Russell, appeared to have been commissioned to look for a suitable motel. During discussions with Russell, Denis Tanner indicated his brother, Laurie, was interested in joining the venture, and would either sell the farm or borrow against it. Denis referred to "our farm".

Mr Rapke said Russell showed Denis Tanner a motel in Parkes and, during discussion about the financial arrangements, he asked if Laurie was willing, because without him, Denis and Lynne were not placed to buy the freehold. "To Russell's surprise, Denis replied: "Laurie will do as he is f . . . . n' well told, because if it wasn't for me the second slut would have got the lot," Mr Rapke said.

In one conversation with Russell, according to Mr Rapke's opening statement, Denis Tanner mentioned that Laurie owned the farm outright and that after divorce from his first wife, Suzanne Smith, it had taken Laurie and Denis a long time to get the farm back, because Denis and other family members had to help pay off Smith (she received $20,000) so that Laurie did not have to sell the farm.

Denis Tanner is alleged to have said to Russell: ". . . Laurie's a ripper bloke but he's not that worldly, and I've had to help him and guide him, otherwise plenty of pricks would have ripped him off. I've made sure that's never going to happen again."

Mr Rapke asked the coroner to consider this against the background of evidence that would be provided by a friend of Jennifer's that Denis had quizzed his sister-in-law about whether she planned to leave his brother.

JENNIFER TANNER

Jennifer's parents, Les and Kath Blake, sat quietly behind Mr Rapke in court this week. Les, a tall, fit country type with snowy hair and a red face, listened intently to the witnesses. Kath, short, grey-haired and sprightly, stayed close to her husband.

Jennifer Blake was born on 14 January 1957, the eldest of four daughters. When she was 10 she moved to the Mansfield district. She was educated at Catholic primary schools, then at 15 went to Mansfield High. After school, she worked in Melbourne and met Laurence Tanner in 1979. They married on 1 March 1981, and moved to Springfield. Samuel James Tanner was born on 14 February 1983.

Dr Geoffrey Patience, who saw Jennifer Tanner during and after her pregnancy, told the inquest she may have had minor post-natal depression, but that Samuel had been a demanding child with reflux and feeding problems. During the pregnancy, Jennifer was quiet, shy and almost taciturn, but not depressed or suicidal. She had not enjoyed her pregnancy as much as other patients, possibly because she was carrying the baby uncomfortably high. She had every reason to feel terrible after the birth because of the 10-to-12-hour labor, an obstruction, then a caesarean section and a difficult baby. However, he had 99.9 per cent doubt that her death was a suicide.

Dr Patience, who also saw Laurie Tanner, described him as a fairly supportive husband. He said his medical records showed that on 26 October 1983, Laurie had mentioned "marital problems" during a consultation.

In evidence at the first inquest, a long-time friend of Jennifer's said Jennifer had recounted that on 22 October 1984, Denis had arrived unexpectedly on her doorstep. He said he'd come to Boonie Doon to go shooting and asked for Laurie's .22 rifle. While he was loading it on the floor, he had asked her if she was going to leave Laurie, which she denied.

Laurie Tanner told the first inquest his wife had mentioned the visit, but did not refer to such details. Denis Tanner said he had only had a general conversation with Jennifer, who had discussed the difficulty of putting the baby to sleep because of daylight saving. He denied saying he was there to go shooting, or that he had asked of her private life.

Referring to the evidence this week, Mr Rapke said: "I pause to observe that in 1984 daylight saving commenced on 28 October - six days after the visit of Denis Tanner to the deceased."

The days before her death seemed unexceptional for Jennifer Tanner. That afternoon, children had been at her place for a play group. Angela McCormack, a friend of Jennifer's, told the first inquest they had spoken on the telephone for about 20 minutes about 9pm on the night of the shooting. She had been cheerful and made arrangements to drop off baby items. Soon after the phone call, Laurie had called in and stayed until about 10pm.

Jennifer Tanner's remains were exhumed in July 1996 and were examined by Stephen Cordner, professor of forensic medicine at Monash University and director of the Victorian Institute of Forensic Medicine. After examining her and other material collected in police investigations, he concluded Jennifer had been shot at least three times, possibly four.

"I cannot conceive of a reasonable suicidal explanation of this death," he said. "It is always possible that I have overlooked something, but until I am presented with a credible suicide hypothesis . . . my view is that this is a homicide."