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THE "UNKNOWN" MAN
IN KERR CASE
MELBOURNE. Sept. 5: "I will say to the fury that
some person other than Kerr-cmd unknown to this
Court-could have committed this crime," Mr.
L V. Monahan said in the Criminal Court today.
It was the seventh day of the
third trial of John Bryan Kerr
(25) on a charge of having
murdered Elizabeth Maureen
Williams (20), whose semi
nude body was found on the
Albert Park beach on Decem
ber 28.
Mr. Monahan, who is appear
ing for Kerr, was replying dur
ing legal argument in the
jury's absence to a statement
by the Crown Prosecutor (Mr.
F. R. Nelson) that a strong at
tack had been made on a
Crown witness, James Stevens,
seaman, of Head-street, Elstern
wick.
Mr. Justice Lowe, who
granted Mr. Nelson leave to
cross-examined Kerr about inci
dents in his life, had said that
the conduct of the defence so
far had been calculated to in
volve imputation of the char
acter of the prosecutor and
one or more witnesses.
Questioning Of
Witness
Mr. Nelson said: "Stevens
was questioned by Mr. Mona
han about trying to leave Aus
tralia )efore this trial. He was
asked about being on the beach
with the dead girl. It was
suggested that Stevens was one
of the three men who spoke to
Miss Williams at the Flinders
street station after an appoint
ment with her which he said
he had failed to keep. It is ob
vious that my friend is at
tempting to put into the minds
of the jury that Stevens was
the man seen coming up from
the beach at 2.30 a.m. on the
morning of the girl's death."
Replying, Mr. Monahan said:
'This case has been built
fundamentally on a strong case
of circumstantial evidence, plus
the alleged confession. I will
say to the jury, that some per
son other than Kerr and un
known to this Court, could
have committed this crime. The
evidence of Mr. Albert Ernest
Sievers (concerning a "tall,
fair man" on the beach) is not
a trumped-up defence on
Kerr's behalf. It was evidence
given to police on the very
night of the crime."
Treatment At
Station
Mr. Monahan added: "I do
not want to indicate what I will
say, but I will ask whether
Stevens had not an equal op
portunity with Kerr?" -
Cross-examined by Mr. Nel
son, Kerr ,said he met Inspector
Donelly at the police head
quarters. He told him he had
no complaints about his treat
ment.
Mr. Nelson: You knew that
Donelly poked his head into the
interview room and Adam had
lied about what you told him?
Kerr: Yes.
Lied in a material manner be
cause he had said you admitted
having your hands around this
girl's throat?--Yes.
You knew that he had made
that false statement and had
written down false information
now before the Court?-Yes.
Was there nothing to com
plain about in that treatment,
Kerr?-No.
Mr. Nelson then questioned
Kerr about the party be had
attended at Malvern with Miss
Williams some hours before her
death.
Intention To
Go Home
Kerr said that on the way
home with the deceased girl
in the car he may have had
his arm around her. He in
tended at the time to see her
home and then go straight
home himself.
Mr. Nelson: You know that
could.have been done without
taking you out of your way
at all?
Kerr: John Wood, who was
driving the car, did not seem
particularly pleased about go
ing out of his way.
He (Wood) could have drop
ped you at her gate without
going out of his way?--I did
not realise that.
Do you realise it now?-I
realise it.
Kerr denied that he had told
a psychiatrist, Dr. H. J. B.
Stephens, that he suffered from
occasional outbursts of rage.
The hearing was adjourned
until tomorrow.
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