The ABC podcast Background Briefing released episode ‘More than a fight’ on Sunday, which investigated the mystery surrounding the death of Lewis ‘Buddy’ Kelly in South Kempsey on New Year’s Eve in 1983.
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The audio snapshot raised the theory that the then 16-year-old was murdered for a heroic act.
The podcast aired comments from Buddy’s brother Keith ‘John’ Kelly, who explained how he uncovered the potential truth – only recently – on what happened to Buddy.
Keith had family members staying at his home and after a few beers, one of his relatives began to open up on what he said he saw the night of Buddy’s death.
“He saw in detail from the start until the finish – everything – from Buddy fighting, until his last breath near the train tracks,” Keith said in the podcast.
“My brother, he tried to save somebody else from getting pack raped and then it turned onto him and they raped him and killed him – bashed him to death.”
The hearsay statement was made by an unidentified family member who attended the party in South Kempsey where Buddy was allegedly last seen. The podcast ABC reporter, Allan Clarke, attempted to speak to the relative, but was unsuccessful.
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Keith claims the family member is too scared of the alleged perpetrators to make an official statement to the police.
“He is frightened of those involved, and a lot of (witnesses) have been that way the whole 35-years,” Keith said.
ABC reporter Clarke concluded the initial police investigation into the death of Buddy was inadequate.
Many witnesses of the events which unfolded on the night weren’t interviewed, an autopsy was never performed on Buddy’s body and no blood alcohol reading was taken.
Greens MP and Aboriginal Justice spokesperson David Shoebridge slammed the police investigation and their decision to interview three witnesses, who were with Buddy on the night of his death, at the same time.
“Here is a teenager, who had his life taken, and the police investigation was – to call it rudimentary would be polite – it was amateur, lightweight, cursory and dismissive,” Mr Shoebridge said in the podcast.
“(The witnesses) signed a joint statement, all in the first person from one of them, and I am told they were interviewed as a group, I mean this is police 101… they hadn’t even done the basics.”
The coroner examining Buddy's case in 1984 concluded the 16-year-old had drunkenly wandered onto the railway and lay down before he was struck by the Brisbane Limited Express.
However, Buddy’s family has maintained their loved one died at the hands of foul play and they have continued their fight for justice for more than three decades.
Earlier this year a state coroner referred the matter to NSW Police for further investigation and to interview witnesses who weren’t spoken to at the time.
Buddy’s final movements remain a mystery to this day, however it is known he attended a party with friends at the West Kempsey skate park to celebrate the start of a new year.
As the celebrations tailed off, the teenagers began heading home and there are mixed reports around Buddy’s last moments.
Police reports indicate Buddy was left on the train bridge stairs while rumours suggest he went to a second party in South Kempsey.
Buddy’s body was discovered on the train tracks the next morning.
The podcast can be downloaded from the ABC website: http://www.abc.net.au/radionational/programs/backgroundbriefing/background-briefing-30.09.2018/10313202
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