Due Process

Robin Bowles

Copyright Robin Bowles 2011

Published by Robin Bowles at Smashwords

All rights reserved. No part of this book may be reproduced, stored in a retrieval system, or be transmitted by any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the author.

ISBN 978-0-9871738-5-0

Unless otherwise stated, photographs in this book are from the author’s collection or from private collections and used with permission.

Bernard Munro’s daughter Birgit, de facto wife of Dr Neil Boyce, died suddenly on 31 March 1992. Birgit’s father has not been able to satisfy his need to find out why she died. Establishing the cause of her death haunts and obsesses him, and has cost him and others dearly. On 5 January 1998 his wife, Brigitte, died—‘of a broken heart.’

For years this retired computer analyst pursued his quest as it snaked its way through intrigue and innuendo; trying to decipher the complicated languages of the medical and legal fraternities; taking the battle from the Coroner’s Court to the Supreme Court; and all the while, sliding surely from relative prosperity to near penury. Many became tired of his persistence. Some wanted his questions silenced for good. After the death of his wife, he seemed to give up. To those who did ask what had stopped him in his tracks after five years’ relentless pursuit he always gave the same answer, ‘I couldn’t afford to go on.’

In early 2000, Munro received a letter on state Attorney General’s letterhead. It was in answer to a request some of his supporters had made on his behalf in July 1999, for help and financial reimbursement for the personal money Munro had spent on what some see as the state’s responsibility of trying to establish the cause of his daughter’s death.

The letter, signed by the Attorney General himself, read, ‘Having closely examined all of the relevant considerations, I have determined that it is appropriate to grant you an ex-gratia payment of $25,000 on the basis set out on the enclosed deed of settlement regarding this matter. I would be pleased if you would return the executed deed to me at your convenience so that I may arrange for payment to be made.’

Ex-gratia payments from governments to ordinary citizens are very rare. What could be the reason behind this unusual offer?

***

Over Christmas drinks with a friend at the end of 1996 I first heard about Birgit’s unresolved death and of the grief her family and friends have about the conflicting expert opinions regarding the case. They were dissatisfied with the coroner’s finding and wanted the case re-opened. Just as when someone dies in action in a war or goes missing without a trace, without an understandable cause of death to bring about a peaceful closure in the minds and hearts of those who mourn, there is a sense of reaching from the grave until a resolution occurs.

In the middle of 1997, at the urging of my friend, I contacted Bernard Munro. My friend told me that people were becoming concerned that Mr Munro was very depressed because he’d come so far and was still no closer to achieving his goal. She said he had interviewed dozens of people and collected a huge amount of technical material, but he was just one grieving old man against the entire weight of the legal system. She thought, as many people do, that a story in some public arena might influence the course of justice. This rarely happens, but I agreed to talk to him, anyway.

When I called, Mr Munro told me he would like this story to be told, but an appeal from Dr Boyce against a Supreme Court order Munro had obtained to re-open the inquest into Birgit’s death, was pending. He couldn’t discuss the case right then. He’d be very happy to tell me everything afterwards though. I said I’d get back to him. I was becoming interested in his single-minded journey through the corridors of power. I was keen to discover if the light at the end of the tunnel he was traversing would actually illuminate the cause of justice.

Bernard’s story is one of pain and loss. It demonstrates the pressures that can be exerted on someone vulnerable through loss and obsession, and highlights the failure of the due process of the law—because an old man ran out of money. It goes like this.

***

The day before she died, 36-year-old Birgit Munro, a healthy, highly qualified nursing sister, dropped by her parents’ home to show off her new car. She was her usual happy self. She then attended her regular Monday German lesson at 5.30pm. Her teacher noticed nothing amiss. Then she went home to her partner of ten years, renal specialist, Dr Neil Boyce. Both Birgit and Boyce worked at Monash Medical Centre. While Birgit attended her German class, Boyce usually prepared Monday nights’ meals, which they ate in front of the TV—‘that was our sloth night,’ Boyce later told police.

Birgit had been suffering from intermittent diarrhoea during the preceding week, which was very unusual for her. ‘She was as fit as a trout,’ Boyce said later. ‘She used to regard a cold every two or three years as a complete affront.’

After a couple of bites of her meal Birgit collapsed on the floor, ashen. Boyce was stricken. He tried to get a pulse and in his panic, at first he couldn’t. Birgit revived and looked at him saying, ‘You silly prick, of course I’ve got a pulse, you just can’t feel it.’

He helped her to the bathroom and insisted she should go to hospital. Birgit, like many nurses, was not keen on hospitals or becoming a patient and especially didn’t want to arrive in an ambulance. Boyce agreed to phone a neighbour and medical colleague, Professor Steve Holdsworth, to drive her to the Mercy Hospital, where Boyce was well known. After calling Holdsworth, Boyce phoned Dr Cade, another colleague for whom he did occasional locums. Cade practised at the Mercy and Boyce asked him to get a bed ready for Birgit and facilitate her admission. This request was not unusual. As a former nurse myself, I know the medical fraternity always looks after its own.

When they arrived, Dr Cade, true to his promise, admitted Birgit himself. ‘I was in the Specialist Care Unit when she arrived and attended her immediately. She said she had been well, apart from a urinary tract infection (self-treated) until she developed a profuse watery diarrhoea on Monday 23 March’. Birgit was well enough to give Cade her own history.

Cade commenced immediate intravenous treatment for shock, extreme nausea and infection, but she continued to dry retch in spite of anti-emetics being given intravenously. Cade ordered many samples to be taken for culture and close nursing observation.

Birgit’s parents were notified, but due to the lateness of the hour, Boyce suggested that he’d stay with Birgit and they should come the following day.

The next day, at 7.30 am, Cade called in consultant physician cardiologist, Dr William Heath, who reviewed Birgit’s condition; agreed with Cade’s provisional diagnosis of ‘enteritis with generalised septicaemia and toxic manifestations’; referred her to a neurologist because of her drowsy state and in consultation with Dr Cade, ordered more antibiotics and other treatment.

Boyce phoned Birgit’s sister, Barbara, who lived in Tasmania, to inform her of Birgit’s sudden collapse. Barbara obtained the first available flight to reach her sister’s bedside. She understood from the phone conversation she’d had with Boyce that her sister’s condition was critical.

Birgit’s mother, Brigitte, takes up the story. ‘On Tuesday 31 March, Neil rang around 6 am. Neil said to come in, it was urgent. I arrived about 7.00 am. Birgit looked awful with big black circles around her eyes. Neil was there and a couple of nurses. Dr Tomlinson, a neurologist, had just arrived to examine Birgit. He said Birgit responded well and there was no brain damage resulting from the coma she’d gone into earlier in the morning.

‘Birgit seemed to have improved at lunchtime. I recall her saying how nice it was to have us all there. Later on, they connected her to a monitor. She was very weak, but her eyes were clear. I recall Birgit was breathing very heavily. Her veins looked like ropes on the side of her neck. I said, “Please connect her to a machine so she doesn’t have to labour so hard. Her heart could get damaged.” The nursing sister said her heart was fine and her lungs were working normally.’

This ‘laboured breathing’ is known as acidotic breathing, a body’s means of trying to expel the build-up of acid, or carbon dioxide, in the system. The lungs strain to improve the gaseous exchange of oxygen, to counteract the high levels of carbon dioxide in the bloodstream.

At one stage, late in the afternoon, Birgit whispered to her sister and mother, ‘Thank you for looking after me.’ They both felt later on that she knew she was dying and was saying goodbye.

At about 6pm, the family members went home to eat. They arrived back around 8pm. When they returned, Boyce left to eat. He came back about ten o’clock. By 8.30pm, Birgit’s condition had deteriorated. Dr Cade visited and an oxygen mask was put on Birgit.

‘At about 10.25, Neil said to us, “Birgit will settle down for the night, why don’t you go and get some sleep.” I didn’t want to go,’ her mother recounted later. ‘Birgit had her eyes closed, but she nodded. She understood.’

As they were leaving the hospital, they heard an alarm and rushed back upstairs. They knew instinctively it was Birgit. They saw Boyce in Birgit’s room with the nurse, desperately trying to revive her, but they were not allowed in. A nun came and asked them if they wanted to pray with her. ‘I wasn’t in a condition to do anything. Barbara and I just cried.’

Some time later, the door opened and Neil said, ‘She’s gone.’

‘They eventually let us into the room. A sister came with us and Neil. We just had time to kiss Birgit and then the sister moved us out. I said, “Can’t I go in and kiss her once more?” and after I kissed Birgit again she moved me out. I was just quietly crying.’

Night sister, Susan Lonergan, who’d taken the hand-over from the afternoon staff, tells of Birgit’s last minutes. ‘I noticed a change in Birgit’s rhythm on the central monitor [in the sisters’ station]. I did a 12 lead ECG on Birgit. There were gross changes.’ Thinking Birgit looked moribund, Sister Lonergan commenced emergency procedures. When the resuscitation staff arrived, Boyce ‘left straight away. Once he left the room, he was punching the wall and shouting.’

Shortly afterwards, it was decided to discontinue resuscitation.

‘I informed Neil, who was extremely distressed. I recall [Birgit’s] mother being able to comfort the other family members as well as Neil. She told me what a perfect couple they were.’

Following Birgit’s death, Drs Cade and Heath maintained their provisional diagnosis of toxic enterocolitis (a severe form of bowel inflammation caused by a toxin in the body). However, neither felt confident enough to sign a death certificate stating that cause of death. Dr Cade later said in a statement to the police, ‘I cannot say what caused Birgit Munro’s death and would not presume to do so.’

***

The next day, Wednesday 1 April, Birgit’s mother phoned family friend and State Ombudsman Norman Geschke. Norman’s son Phillip had been married to Birgit before she began living with Dr Boyce, but the divorce, some months previously, was amicable and the parents had remained good friends. Through her sobs, Brigitte told Geschke of Birgit’s sudden death. Geschke was devastated. His son, Phillip, had told him that Boyce’s first wife, Josephine, had also died suddenly, ten years before.

Unknown to Birgit’s parents, Geschke phoned another friend, State Coroner, Hal Hallenstein and suggested a full autopsy be done on Birgit’s remains. During this phone call Geschke raised a number of issues, which caused the coroner to commence an inquiry into the circumstances surrounding Birgit’s death—and that of Josephine Boyce, in 1982.

The file on Joesphine Boyce’s death was delivered for review to Dr David Ranson, who would be performing the autopsy on Birgit. The report, by veteran pathologist Dr John Hicks, was short and to the point. ‘The cause of death was asphyxia following aspiration of vomitus in pregnancy.’ No further investigations were considered necessary, the death was described as ‘natural causes’ and Josephine was cremated soon afterwards.