Who’s watching Mr Big? Scenario operations and induced confessions

Figures & data

Table 1. Mr Big cases.

Jurisdiction	Case	Verdict
VIC	DPP v Ghiller (2003) 151 A Crim R 148	Convicted of armed robberies and other offences
	R v Clarke [2004] VSC 11	Convicted of murder
	R v Tofilau (2003) 13 VR 1; Tofilau v The Queen (2007) 231 CLR 396	Convicted of murder
	R v Favata [2004] VSC 7	Convicted of murder
	R v Hill [2006] VSCA 41	Convicted of murder
	R v Marks (2004) 150 A Crim R 212	Convicted of murder
	DPP v Bennett [2004] VSC 207	Convicted of murder
	R v Karakas (Ruling No. 1) [2009] VSC 480	Convicted of murder
	R v Weaven (Ruling No. 1) [2011] VSC 442	Convicted of murder
	Kamalasanan v Queen [2019] VSCA 180	Convicted of murder
WA	The State of Western Australia v Lauchlan [2005] WASC 266; Lauchlan v The State of Western Australia [2008] WASCA 227	Convicted of murder
NSW	Donai v The Queen [2011] NSWCCA 9*	Convicted of murder
	R v Abrahams [2013] NSWSC 952*	Convicted of murder and improperly interfering with a body
	R v Simmons; R v Moore (No. 2) [2015] NSWSC 143	Simmons was found not guilty of murder but guilty of assault occasioning actual bodily harm (R v Simmons (No. 7) [2015] NSWSC 574)
	R v Fesus (No. 2) [2015] NSWSC 1467	Convicted of murder
	R v Kilincer (No. 2) [2021] NSWSC 829	Convicted of murder
	R v Rumsby [2023] NSWSC 229	Convicted of murder
TAS	Standage v Tasmania [2012] TASSC 88; [2017] TASCCA 23	Convicted of murder
QLD	R v Cowan (2013) 237 A Crim R 388; [2016] 1 Qd R 433	Convicted of murder
	R v Taylor [2016] QSC 116	Convicted of murder
SA	R v Jelicic [2016] SASC 57	Convicted of murder
NT	Deacon v The Queen (2019) 282 A Crim R 303	Convicted of murder

*Referred to in R v Simmons (No. 5) [2015] NSWSC 333.

Table 2. Supporting evidence in Mr Big cases.

Type	Case	Evidence
Non-public information	Fesus	Fesus knew the location of his wife’s wallet and that she had been strangled when that information was not public knowledge ([174], [178])
	Karakas	Karakas provided new information that was not known to the police*
	Marks	Marks’ description of the use of the murder weapon could only have been known by the killer
	Kamalasanan	Kamalasanan admitted to poisoning the deceased with cyanide, which was only known to the medical examiner and the police (2019, [12], [14], [44])
	Tofilau	Tofilau told Mr Big he used a scarf to strangle the victim. A scarf was later found in that location
	Rumsby	Rumsby had ‘esoteric knowledge’ that the deceased’s pubic area was shaved
	Taylor	Taylor had actual knowledge that could only be known by the killer or who had communicated with the killer (2016, [98], [136])
Evidence of other witnesses	Favata	Substantial consistency between Favata’s admissions and statements of other witnesses ([46], [49])
	Ghiller	Admissions corroborated by numerous witnesses (2003, [56])
	Donai	Admissions confirmed co-accused’s evidence (2011, [71]).
	Standage	While Standage did not make ‘direct or express’ admissions, his statements tended to prove he ‘had means and motive’, corroborated the evidence of other witnesses, and were probative of tendency arguments and lies relied on by the Crown (2017, [105])
	Lauchlan	Listening device intercept of conversation after the confession confirmed admissions (2008, [50])
Subsequent confirmation by accused	Clarke	Clarke admitted in formal interview that he had smothered and probably stabbed the victim.
	Hill	Hill admitted in formal police interview and at trial that he had injured the victim, causing his death
	Bennett	Bennett was suspected in two other arson cases but there was little evidence of his culpability other than his admissions to covert police (2004, [25]). Bennett pleaded guilty
	Deacon	Deacon gave evidence at trial that he had killed the victim (2019, [27], [76])
Evidence derived from confession: leading police to remains or key evidence	Deacon	Deacon also led police to the victim’s remains (2019, [27], [76])
	Abrahams	Abrahams led police to the location of the victim’s remains (2013, [14])
	Cowan	Cowan led police to the proximate location of the victim’s body and clothing
	Jelic	Police found items from the victim’s wallet in the location indicated by Jelic to the covert operatives (2016, [4])
Inconsistent supporting evidence	Weaven	Weaven led police to the location of a knife. The knife differed from the description of the knife given to Mr Big and could not be established as the murder weapon (2011, [22]–[23]).
	Kilincer	Factual differences between Kilincer’s admissions and the forensic and ‘objective evidence’ including inconsistencies in description of murder weapon in ‘confession’ (2021, [175]).
	Simmons; Moore	Other evidence contradicted Simmons’ admissions about murder. Simmons was found not guilty of murder in a judge-only trial.

*It is unclear whether this information would have advanced the police case.