Kingsley Foreman The real Story of the Caltex Keswick Shooting.
The night of the attempted robbery, that resulted in me shooting a young man who died two days later in hospital. As a
result of the autopsy the question was raised. If the hospital staff had followed the path of the bullet, through the neck
would they have noticed it had, in fact severed the main artery to his brain. It may have been possible for a surgeon to repair
the damage, but it can not be denied that if the shot had not been fired he would still be alive today. Little did I think
it would turn into one of the most sensational murder trials in Australia, with huge coverage by TV, radio and newspapers
all over Australia----
The TV News Stories on Youtube
I worked 24 hours on call driving for Richmond Towing Adelaide driving their tow-trucks of all types for over Fifteen years
before buying my own tow-truck and running as a Contractor for them. I did this for about six years.
That is what brought me to the Caltex gas station at Keswick, a suburb of Adelaide on that fatal night October 14 1995. As
Richmond Towing depot is just down the road it was like a second home to me. I called in to get fuel nightly, and they let
me use their staff room to make a free coffee or two, then I would sit behind the counter and have a talk to the person who
was on that shift.
On that Saturday night I knew that Margaret always did that shift, I parked my truck where I usually did alongside the Auto-car
wash and walked into the shop. I did not buy fuel that night. It had been that quite I had not done a tow yet, and it was
just after 9 pm . On walking in I gave Margaret a wave to make sure she knew it was me, she was at her station behind the
counter. I went straight into the staff room opposite the entrance, there was no door at the entrance of the shop, keep that
in your mind for later, you will know what I mean later in my story. I made my cup of coffee and went and sat down on the
chair alongside Margaret, I had only been there for a short time when I notice Margaret who was serving a customer, I thought
her face turned to a look of shock. I stood up and walked out to see what was wrong. I saw a man with a large chef’s
knife demanding money from Margaret by holding it to her chest.
I stood up and I said to the robber what the fuck are you doing ? he moved the knife to my chest and said don’t fuck
with me, at this stage I went into shock myself. He turned towards Margaret then I remembered the little pistol I had in my
pocket to show Margaret, it was a gold plated .25 calibre Barretta. The media, TV and newspaper made a big thing about me
having a pistol there.
I have been a licence gun collector and club shooter for over ten years. Firearms are not common in our city, and we have
very tough licensing and each firearm has to be registered, even B B guns. Being a tow-truck driver, they think we are a bunch
of thugs. So, after I pushed the magazine into the pistol and pulling back the slide to cock it, The robber had taken some
money and started to run back to the exit. At this stage I had a large knife thrust at my chest, I am still in shock. I have
loaded my pistol, and I don’t know what he will do next as he is running out he turned his head back and must of see
me coming after him, I think now that the robber seeing me coming after him thought he would point his pistol at me hoping
I would see his pistol and stop, there was no need for him to stop, remember there is no door to be opened, but for some reason
he started to turn back to us, so I fired one shot.
He went outside I thought I had missed him. his getaway driver must have driven off when he heard my gun shot, Then the robber
walked back in slowly, I did not know what he was doing at first, so I held my pistol on him until he put the knife and his
pistol on the ground. I still had about five rounds of ammunition ready to fire in my pistol he walked up to me slowly and
said quietly You did not have to shoot it was not real, then I realised the pistol he had was a replica. I will never forget
those words till my dying days, I just died inside my body. The robbers pistol turned out to be a 9-millimetre Smith & Wesson
replica. I could see the blood spouting out of a hole in the side of his neck. I held my hand over the hole in the side of
his neck think at the time it would stop the bleeding, meanwhile Margaret had called for the ambulance and the police and
then crab a lot of paper towelling and tried to stop the bleeding the robber slowly collapsed down onto the floor and passed
out before the ambulances and the police arrived, I made my pistol safe and left it on the counter near the cash register.
Margaret was in shock so bad she did not turn off the pumps and customers where still coming in to pay for fuel, there was
blood all over the floor. The uniformed police were the first to arrive. They came guns at the ready, I told them quickly
without much detail what had happened one of the officers escorted me outside and told me to sit down and only talk to the
detectives. Then the TV news crew rolled up and started to film, so a police officer told me to sit in a police car out of
sight of the media. I sat in the back seat of the police car for short time when an older police officer came and said he
was from the scene of crime section or something like that. He said he would like to swab my hands for gun powder residue,
I said I have already told a police officer that I shot the robber. He then said yes, it is just one of the things we have
to do. He then said two detectives from Darlington CIB have just turned up and they will talk to you in a minute.
Two detectives from Darlington CIB asked if I would go to police headquarters at Angas Street in the city to be interviewed.
They drove me into Angas Street police station. When we walk into police headquarters a uniformed police officer looked at
all of us, and one of the detectives said nothing to worry about we a not the toe-cutters, just from Darlington CIB we would
like to use one of your interview rooms. we went in and they let me wash up first, I had blood over my hands from trying to
stop his bleeding, there was blood all over my shirt as well. When we got to the interview room they gave me a coffee, I was
shaken up and still in shock. They asked if I would mind doing a taped interview on video. They read me my rights, the noise
went off on the tape recorder I said to them that noise is just like what you see on the TV show the Bill, and away we went.
It took about half an hour they just asked what happened, I do not remember most of what I said, I was still in shock but
they were happy it was self-defence, then we headed back to the Caltex station. On the way back to the service station, one
of the detectives said off the recorded that he would have done what I did, if he was in my shoes, then he said that because
I was a tow truck driver, and I had a pistol the media would make a big thing of this, and he warned me not trust them. They
would say whatever they like to get the story. I had no idea at that time how true his words would turn out to be.
We arrived back at the service station, the last of the police scene of crime section were just finishing up. Margaret had
been interviewd at the scene by another two detectives, I ask one of detective if it was ok to talk to Margaret he said yes,
so I went over to her and asked if she was ok she said yes, detective Brennan ask me if I would like to be counselled by the
Victims of Crime councillor, I said No I’ll be ok, and I would buy some beers on my way home. I stayed there for about
an hour talking to Paul, the owner of the gas station, as they started to clean the shop up. There was more blood there than
I realised, I remember looking at the Thins chip stand with blood over most of the chips, my brother was the Northern Territory
manager of that chip company at that time. I said to myself, He won’t like his chip stand looking like this. I also
remember looking at the row of confectionery as you walked up to where the cashier’s counter was, all covered in blood
even the Cherry Ripes my favourite. I could not believe that so much blood would come from one person, I said to Paul the
owner of the service station I have made a mess of your service station, can I give you a hand cleaning up. Paul said you
are shaking all over I think you should go home. much later on I run into one of the blokes who worked at the service station
and he said Paul did well out of the shooting, he had a lot of customers who came into the service station because they want
to check out where the shooting had taken place. The bloke said Paul said jokingly I should get a life-size photo of Kingsley
and stand it in that corner of the service station. When I got home my supper was on the table for me and Mum was asleep,
I left a note for her, Not Hungry Tonight Mum. I had a shower and went to bed.
The next day Sunday, I received a phone call from the owner of Richmond Towing Adelaide, Bob, who said the newspaper kept
on ringing trying to find out what happened at the service station last night, They got the company name off my truck, but
they did not know who I was. Bob told them he would tell them nothing about it, the bloke from the newspaper said if we say
nothing, we will make up the story ourselves.
I received a number of phone calls that day from my sister here in Adelaide and my sister in-law from Darwin, plus other family
and friends. I also received a call from one of my friends at my Pistol Club at Golden Grove, he had seen me on the TV news
and could not believe it. Bill asked what I was doing about a lawyer, I had not even thought of a lawyer, silly me I did not
think I would need one. Bill said I should go and see Keith Tidswell from the Sporting Shooters. I told Bill I would see them
the next day which was Monday.
The next day Monday the phone went crazy again friends and family here in Adelaide, they asked if I had seen the front page
of the newspaper, it was over the whole of the front Page. The front page of the newspaper had colour photos of the scene
of the robbery at the service station, photos of my truck at the station and the story they made up said he was shot in the
back of the head.
I could not believe it, people reading the paper will believe he was shot in the back of the head. I had seen the blood spurting
out of the side of his neck, there was no way he was shot in the back of the head, it made it sound like, I had executed him.
That Monday I went to see Keith Tidswell at the Sporting Shooters Association, at their Adelaide office at Park Side. Keith
knew I was coming to see him my mate at the pistol club who rang me, said I would be coming to see him, he told me when he
was told a tow-truck driver was coming, he was expecting a man that looked rough with tattoos all over him, dirty clothes
covered in grease.
Keith was surprised when he saw me, he said I did not look like he thought I would look being a tow truck driver. Keith asks
if I would mind telling him what really happened, he said You don’t have to if you don’t want to. I said I have
nothing to hide, the newspaper got it wrong. He was not shot in the back of the head as he was running away, I am not that
sort of person. Keith told me the association used a lawyer named Gary Coppolla, he is also a pistol shooter. Keith told me
to bring all my other firearms in, just in the event they charge me for taking my pistol to the service station to show Margaret.
Later the same day I went into Gary Coppolla’s legal office on the Seventeenth floors of the State Bank Building in
Currie Street. in the heart of Adelaide. I met Gary and talked about what happened at the service station, I said I did not
remember all that happened, I was in shock after having the knife held up to my chest. I told Gary that when the robber got
back near the exit, he did something that made me shoot. Gary said there was nothing we could do until the police made their
move, then he would get back to me.
I only found out recently that my G P Doctor, I have been going to for many years, was at that time Gary Coppolla’s
next door neighbour. Speaking of doctors there was medical clinic near where I was working at Richmond Towing Adelaide. It
was a clinic where you could and see one of the several Doctors there without having to make an appointment. The day after
the end of my trial I went to see any one of the doctors, I wanted something that would help me get some sleep, my usual doctor
was booked up at the time. I was sitting in the waiting room with ten or so other people wait to see a doctor. I was sitting
there and a two people were talking to each other and one of them was pointing at me, there was a man sitting across from
us reading the newspaper and we all could see the front of the newspaper and spread right across it was a photo of me leaving
the court just after the verdict. It was crazy for some time people recognising me wherever I would go. It would be quite
embarrassing sometime, like I would just be walking through a shopping centre and some would stop and want to shake my hand.
I went up to stay with my brother in the city of Darwin some three thousand kilometres from Adelaide just after my trial to
get away from it all for a while, my brother Garry who I said run a snack food company up there. One day up there I went with
Garry to a supermarket while he was checking his company’s stock in that supermarket and I was in the next aisle talking
to one of his employees. Garry said he heard a couple talking and the bloke said to the woman, did you see that bloke in the
next aisle he was the bloke who shot the armed robber in Adelaide. Even now years later sometimes someone will still know
who I am, some people must have a fantastic memory.
At this time the robber Milsom was still in Royal Adelaide Hospital, I thought I might only be charged for taking my pistol
in to show Margaret. Under our tough firearms laws you cannot take your own pistol to another place unless it is a pistol
range to shoot it, you cannot take it to show your friends, so I thought I might be charged with this only.
I could not go back to the depot to work, the media were still trying to find me, there were TV news crews and newspaper reporters
all around the Richmond Towing depot trying to find out my name. One bloke from the media came into Richmond's depot and walked
up the stairs to what we call the phone room, that is where the dispatcher answers the phone and decides what sort of tow
truck is needed for that type of vehicle and the type of recovery. That day it was the boss and owner’s son Robert or
as he was called when he was young Robbie, he told me that the bloke from the media offered him five hundred dollars cash
for my name and address. The funny thing is that right next to this bloke from the media clearly on the wall was a big notice
listing the drivers and their phone numbers, although Richmond Towing was the second biggest towing company in the city, there
were only about six names on the whole list.
Tuesday afternoon I decided I would go to work and see what was happening, I drove my Mum’s Honda civic to the depot.
I knew the media would be looking for me so I didn’t ware my blue uniform or my blue cap, I went the South Road way
and drove Mum’s car straight from South Road into the truck workshop at the front of Richmond Towing Adelaide's depot,
past all the cameras and newspaper reporters. I went up to the phone room where Bob Sincock, the boss was doing the phones,
it worked out well, he was in one place and not moving for a change Bob is one of those type of people that are always doing
something, Bob started Richmond Towing with one small truck he had turned into a tow truck by building it himself when he
was no more than a teenager in his backyard. I have known Bob for many years, I had to tow cars and trucks back to the depot
after midnight many times and I have found bob working on a repair of a truck himself many times at that time of night. With
Bob sitting waiting for the phone to ring or talk to one of the drivers on the two-way radio if they call in, I was able
to talk to him. As I entered the room Bob said you don’t muck around when you do something, do you. I said I bet the
R A A Royal Automobile Association are not too happy with me. Bob then told me the R A A were the first of many to call and
ask about what had happened, he said But even the Towing Inspector said the robber had a knife and a pistol and what where
you expected to do. Rob Thorpe from the R A A is cool about it, although out of all the trucks I run yours is the only one
with the R A A sticker on the door that glows in the dark.
Bob went on to tell me he had a visit from a couple of his old police mates, who were now high-ranking officers. They had
told him they thought it was bad luck the robber was so young, they believed if he was older there would be less pressure
on the Department of Public Prosecutions to charge me. They went on to tell Bob that I was responsible for bringing down the
crime rate, there had not been another hold up anywhere in the state since I shot the robber. Bob told me both officers agreed
that I had done the right thing, but it was now up to the D P P to decide if charges would be laid.
Paul Rofe QC. was head of the D P P at the time, he would be the one who makes the decision on my future, but it is believed
now that he was pressured at the time by the state attorney general who believed if I was not charged it would send the wrong
message to the public. He did not want the public to start using firearms for self-defence. I know the detectives told me
that on the night of the shooting. Later Michael David QC. told me that Paul Rofe had said to him, I charged your client with
murder, but everyone says he should get a medal. Later it turned out that Paul Rolf was unable to lead for the prosecution
in my trial, he had been charged with drink driving and had to step down until he appeared in court to answer the charge.
The bit I found ironic the person who thought I made the wrong decision and charged me for breaking the law used the same
barrister Mr Michael David QC to defend him in court for having made the wrong decision which broke the law.
At Richmond Towing, in the phone room talking to Bob, he asked me if I knew much about the robber. I said I didn’t know
anything, only what I had read in the papers. Bob said come and have a look out of the window, then Bob pointed out and said
see that house on the left with the car and Bob said the type of car but I cannot remember what type of car it was now. bob
said the robber was staying in the house there, I almost fell over and said, that house four houses down on the left, Bob
said Yes. Ellis one of Bob’s drivers had come into the phone room with us, Ellis told me he went to school with Andrew
who lived in the house, the robber was his latest boyfriend, and he had seen them walking around during the past week. I said
That’s all I need to know, the papers said he was living in Richmond, but I had no idea he lived so close to the depot.
What if the detectives think I knew him and think maybe we had an argument of fight, and when he robbed the service station,
I took the opportunity to shoot him? I will admit now that every time I drove past that house in Albert Street I would sink
down in the cab, just in case they took a shot at me.
Bob had also told me that the TV news coverage was the top news story all around Australia, and that he had calls of support
from towing companies from all states. I had a call from a friend who at the time was working in a service station in England,
he had seen the story on the BBC and sent a postcard of support. Richmond Towing also received calls from my fellow sporting
shooters, who wanted to donate money to help with my legal costs. At that stage I thought the worst thing I would be charged
with was firearm offences, so the phone operators at the depot did not take their details. At least one of the talk back radio
stations told their callers who offered to give money to send it to the local Sporting Shooters Association.
On the Tuesday or Wednesday evening about 8 pm the two detectives from Darlington CIB who did the interview with me on the
night of the shooting knocked on my door at home, they asked if they could come in for a chat. I led them to the kitchen table
and we all sat down, one of them said this is just a chat to see how you are coping with all the stress, I did not say much
to them they say it is just a chat but I did not believe they came all this way just for a chat. They did not read me my right
this time, then they told me the reason for the visit, one of them said Milson has taken a turn for the worse and we think
he might die. I will recommend that only firearms charges are laid, but it is not up to us, it will be up to the D P P and
if he dies there will be more pressure on them to charge you. The next day I heard on the TV news that Milsom had died, and
that it had become a major crime, that meant the major crime squad took over the case.
It was some days later that I got a phone call from Gary Coppolla my lawyer, he said I have some news but it is not good.
First, they are looking at serious charges being laid; second the tapes of your interview did not turn out. I said what do
you mean Gary? he said they went to play them and nothing had been recorded on them. I ask if that good or bad for me, he
said can’t do you any harm.
Now I was really getting worried, did the tape not work on purpose so they could fit me up. They could make up any story and
then say that is what I told them on the taped interview on the night of the shooting, and I have no chance of disproving
anything that they say. recently an ex-police officer recognised me and came up and started talking to me, we talked for some
time and I said how I was very worried at the time about been told that nothing had been recorded from the interview done
at the police headquarters on Angas street the night of the shooting and I thought back then that maybe I was going to be
what the cops use to say, fitted up for the crime. The ex-cop said that at the time of your interview video was new innovative
and a lot of police officers were not used to using the new equipment and more than likely that is why nothing was recorded
and it was nothing sinister about it. There was that much media attention on the TV and radio plus newspapers about this tow-truck
driver having a pistol at a service station. It would have to make it more likely that I would be charged.
I still could not go to work, the media had people around Richmond Towing depot 24 hours a day trying to get to me. I got
sick of seeing my truck on TV, and hearing about the unnamed tow-truck driver who shot and killed the young armed robber at
the Caltex Keswick. The next day I got a phone call from my lawyer again, Gary said he would like me to meet him at an office
in Angas Street. in the city. He had arranged for me to meet a leading Adelaide QC. Queen’s Council, that means he or
she is as high up as a lawyer can get top of their profession, Mr Michael David QC.
Gary said if I was lucky, he will take my case, and there was a chance he would It was the hottest thing in town and he likes
all the media attention. I met him in his chambers, he seemed like a down to earth sort of person, I knew straight away he
was the one I needed. The only thing is he would cost me my life savings in the end. They say that justice is blind but let
me tell you the Magistrate looks up quick when you have a QC alongside you in the Magistrates court.
Sometime passed, I think a week or more before I heard from Gary again, no news is good news. Then one day, I am no good at
remembering dates Gary rang. He asked me to come straight into his office in the state bank building and bring my firearms
licence with me. On my way into the city in mum’s car I had a horrible feeling in my stomach, I knew it was not going
to be good. When I met Gary, he was on the phone and I heard him say He’s here now, then he hung up. Gary said to me
well we know now I just been talking to Michael David; they're going to charge you with murder. I said what murder Gary said
Yep, murder. I said to Gary I thought the worst would be Manslaughter, Gary said no murder I said again to Gary murder, I
would have liked to have seen the look on my face at that time.
Gary said We don’t have much time we have to get maybe three people who can put up your bail. I rang my sister or it
might have been her husband Daryl, I cannot remember, I asked them to go straight into the Magistrates court in the city.
I also rang Bob at Richmond Towing and asked him if he could help me as well, They tell me he jumps into the first tow-truck
in his yard and raced into the city. Gary said We will walk down to the Angas street police headquarters; major crime detectives
will be waiting to interview you let’s go.
That was the hardest walk of my life, knowing I was going to be charged with murder and go straight into a cell. On the way
down King William street Gary said when we get into the room watch my head just answer yes or no, just watch my head I will
let you know, as we are walking down King William street in the heart of Adelaide, I said again murder and Gary just again
yep murder. It is funny out of all the time I spent discussing my case with Gary Coppolla my defence barrister, and going
to the big State Bank building which at the time was the tallest building in the city of Adelaide where Gary’s legal
firm Kelly & Co had their offices. I was only in Gary’s own office for about ten minutes the day he told me they were
going to charge me with murder. I rest of the time spent discussing my case we were walking on the streets through the heart
of the city of Adelaide. As we enter the doors of the Angas street police headquarters, I could see the TV news crews rolling
up to the Magistrates court across the road already, at that time the Magistrates court was temporarily in the old tram barn
on the corner of Angas street and Victoria Square, someone must have tipped then off about me being charged.
The two detectives from the major crime squad were waiting for us, they shook my hand and said good afternoon Mr Foreman would
you mind coming this way. We then went into the interview room they read me my rights. and one of them said can watch this
video tape of the shooting for us. Gary leant over and had a real good look at it, then one of the detectives said, would
you like to comment Mr Foreman Gary shook his head no and I said No then the detective asked do you have a mobile phone Mr
Foreman. Gary was about to move his head and my phone rang; it was my sister I said I cannot speak now I will talk to you
later. Gary said You can say yes to that one. They asked some other question but I cannot remember now what they were, but
I said no to them all. Then one of them said Mr Foreman I am charging you with the murder of Dallas Milsom at the Caltex Keswick
on October 14 1995. After they had finished the interview, one said to Gary You can have five minutes with Mr Foreman after
they left the room, I said to Gary I don’t like the look of the video. Gary said to me I had a good look at it and it
looks ok to me Milsom is way out of the camera view when he is shot, he could have been doing anything. Kingsley we don’t
know what the robber would have done with that large knife he had up to Margaret’s chest if you had not stood up and
went out to confront him. If you had not distracted him, he might have looked in his bag and found out that Margaret had only
given him one hundred and fifty dollars and seeing so little money who knows what he might have done with that large knife.
The reason you don’t like it, is you can see yourself shoot someone.
The two detectives took me down to the basement so I could be booked in before I went before a bail hearing. It was quite
strange to be charged with murder and yet I was treated like I was one of the boys, I would have been the best treated murder
suspect they ever had. One of the officer was taking my finger prints said, don’t worry you will be ok, this charge
won’t stick after they took my finger prints they walked me over a bit to where they take your photo or the mug shots,
I suppose you call them, Then the custody officer said It’s too late in the day to go over to the court looks like you
have to spend the night in the cells. So, he asks one of his men to put me in one of the cells the police officer led me to
a cell and he said this one will do they are only holding cells but it’s better than going to the remand centre for
the night. So, we will leave you here if you want us just give me a yell. I remember looking around the cell and thinking
well looks like this might be home for a long time, cannot be any worse than sitting every night in a cold truck waiting for
the next job. It was the about half an hour later when the police officer came back and said You're in luck, their taking
you across to the court now, we walked back to the main area where they had taken my finger prints and photo, then one of
them said what are doing I think he was the boss he said the court will be close now, the officer with me said no they are
all staying back just for Mr Foreman’s bail hearing the other officer said alright good. He led me out to a police van
and told the driver take me across to the court, the van driver replied this late, Yes, I know but one of the Magistrates
is staying back, this is the man who shot the armed robber, the driver said good and called his female partner. The young
female officer said I am sorry I have to put handcuffs on you to go across the road to the court.
I was in the back of the police van handcuffed, as we crossed the road into the courts and it was just across the road maybe
50 meters. I could see TV news crews and newspaper reporters everywhere. One took still photos of me in the police van which
ended up in the newspaper the next day, my brother Garry in Darwin the next day bought the Adelaide newspaper he rang me and
said those photos in the newspaper he said they are on page three. He said all the stories about you have been on page three
except the ones that were on the front page. I don’t read newspaper but Garry seemed to be impressed they were on page
three, sounds like that is good. we drove inside the court building and the big doors close behind you one of them open the
back and I got out of the van into the main area where the cells of the court are, this is where I met my lawyer Gary and
Michael David QC. Michael said That was close I had to grab the Magistrate as he was getting into his car, we don’t
want you to spend the night in the slammer. I like Michael’s sense of humour, he said that bloody Rofe the public prosecutor
did this that late so you have to spend at least one night in jail, the gutless bastard should not have charged you at all
he then said to me don’t panic if the magistrate refuses bail, I will get a hearing in the supreme court in a few days.
I think only a QC can get a hearing in the supreme court that quick.
When they were ready for me in the court the older sergeant said take those handcuffs off him, he’s not a crim. They
led me out into the dock the public gallery was full of reporters, Paul Rolf read out the charge. Mr Foreman you are charged
that on the fourteen-day October you shot, I cannot remember the rest but it goes on for a bit when they read the full formal
charge. and then someone else in the court asked me, How do you plead every eye in the court was on me, not guilty I said
in a loud voice. Then Michael David got up and said Your Honour my client will be pleading strongly against these ridiculous
charges. My client has no criminal record and has several people to go guarantor, including a well-respected company director
he has stable family ties here in Adelaide and knowing he may face charges he refused to go to Darwin on a planned trip. Paul
Rolf took one look at me, and I think he realised I did not look the way he thought I would when he said charge the tow truck
driver, he did not oppose bail.
I was granted bail on three conditions; ten thousand dollars bail not to leave the state and not go to the Caltex Keswick
service station or have any contact with anyone from the Caltex Keswick service station. The next day the newspaper said it
was fifty thousand dollars bail, but the newspapers never let the facts spoil a good story.
Back in the cells of the magistrates' court, Michael David said Rolf took one look at you and nearly choked, you don’t
look like what most of the public think a tow truck driver would look like, he then went on to say when it comes to the trial,
I want you to dress the way you are now. Don’t wear suit & tie the jury seeing you every day wearing a suit knowing
you are truck driver would think you are just wearing that suit to impress them, I said that is good I don’t have a
Then he said they will take you back across to the station to release you, Gary and I will be waiting for you outside the
door. I was put back in to the police van and driven through the media crush back across the street into the basement of Angas
Street police headquarters. A police officer did the paperwork for my release on bail, he led me to a stairway leading up
to street level, he said they will all be out there waiting for you. I thought he meant Gary and Michael, as I got about halfway
up, he wished me good luck. As I opened the door and walked free, I could see Gary and Michael waiting outside along with
about four TV news crews, newspaper reporters and radio reporters as well.
Michael David said to me you did not think you were coming out of there did you, we will walk down Angas street to my chambers.
I think he did that so he could be on TV with his client, so off we went with Gary on one side of me and Michael on the other
and my brother-in-law Daryl behind. As we were walking down to Michael’s chambers the TV news crews were walking backwards
so they could film us, there were so many of them pushing each other that one poor bugger fell flat on the ground. I had to
stop myself from smiling because it would not look too good on TV, me just released after being charged with murder smiling
leaving the police station.
We were in Michael’s chambers, it was just like you think a QCs chamber would be like in England, a very old building
with fourteen-foot-high ceilings and big wooden skirting boards, walls of books and leather sofas and a lovely antique desk.
Michael said jokingly said you will be ok now till the trial starts, so long as you don’t shoot anyone else, and don’t
do a runner. I said to Michael don’t worry about me doing a runner, it’s is not that I am worried about the police
finding me, it is that Bob Sincock the owner of Richmond Towing who put up the ten thousand dollars for my bail would track
Now I was out on bail I must admit I was glad to be out of the cells, I was not keen on the idea of maybe having to do a mandatary
twenty-five years sentence for murder. My next hassle was, now that I had been charged the media knew my name and address,
I was not surprised that the newspapers had my home staked out when I got there. I figured that there’s no point in
trying to cover my face, that just makes you look like a crook and I’m too big to run from them. I suppose I go back
to work driving my old tow-truck.
There was huge media attention, lead story on the nightly news on all TV channels, it was lead story on the ABC TV news I
thought a story had to be about politics to lead the news on ABC TV seven o’clock new. I received a phone call from
my sister-in-law from Darwin, it was the lead story on the nightly TV news up there too, I got a call from an old workmate
from Melbourne as well.
I went back to work driving my tow-truck towing on contract with Richmond Towing Adelaide it was a bit embarrassing. I had
been seen that many times on TV that when I rolled up to tow some persons car, most of them recognised me from the TV news.
I could not believe that people were still recognising me weeks after I had been on TV. I was a bit worried that I may come
across someone who thought I was guilty, out of all the cars I towed about six a day no one said anything negative about what
I did, in fact I was surprised by the number of people who thought I had been treated unfairly by being charged and hoped
that it worked out ok. I would say you don’t mind being in a tow-truck with someone who is on bail for Murder. The range
of people was surprising from little old ladies to young people and from working class Elizabeth to leafy Wattle Park.
It was about a month before my next court hearing the committal hearing that where you have to stand up in the court and formerly
answer the charge of murder. That is just the first court appearance before the full trial begins, it could be between six
and twelve months before the main trial starts.
The next court appearance was the committal hearing, that is where a Magistrate has to decide if the D P P has enough evidence
to go for trial. I am not sure but I think it is like an American grand jury but instead of a jury it is just held in front
of a Magistrate alone and it is up to the Magistrate to decide if the prosecution has sufficient evidence to take the case
to a full jury trial. On the day of the committal hearing, I met Gary Coppolla in the lobby of his office on the Seventeenth
floor of the State bank building, as usual we did all our talking while we walked from his office to the Magistrates court.
I asked him if he thought they would have enough evidence at committal hearing to go to a full jury trial in the supreme court,
Gary said yes, it is just a formality the fact that someone is dead and you fired a gun is enough. When we arrived at the
court Michael David was already there, and also my brother and sister-in-law from Darwin, they had come down for business
reasons. Michael David said it would give him the chance to ask in public the coroner Doctor James who had done the autopsy
on Dallas Milsom the robber, the question could the robber have been turning back in the direction of the shot, meaning he
could have turning back in Margaret direction. As I was sitting there with my legal team waiting for our case to come up all
of a sudden, a woman in the public gallery yelled at the top of her voice hung the bastard, I almost had a heart attack, I
thought she was talking about me but it was a video link from the remand centre about another murder case. they called out
the crown versus Foreman, the charge is murder, I cannot remember a lot of court proceedings then Michael David called Doctor
James to the stand, Michael David asks, from the autopsy you did on the deceased ,were you able to work out from the path
of the bullet through the body the position of the deceased when the bullet was fired ? Doctor James said yes then Michael
David asked, you know the path of the bullet and you know from where the bullet was fired could what my client told the police
the night of the shooting be consistent. Doctor James said Yes.
It was no surprise to Michael and Gary that the Magistrate committed me to the supreme court for a full jury trial. when Magistrate
had left the court, I said to Michael David what happens now? Michael said now we go to the real court with the wigs and gowns.
Now I had been committed to trial for murder in the Supreme court we started all over again and the next thing was I had to
do was make an appearance in the supreme court to plead to the charge of murder.
So, all those hearings in the Magistrates court were just a formality, so all the fees I had paid Gary and Michael David,
thousands of dollars were really just for a formality. It would have been nice to skip the Magistrates court and go straight
to the Supreme court, but you cannot do it that way.
well, it is back to work driving my 1978 Australian built International tow truck, I have been working since I was fourteen
years old, I left school the day I turned fourteen That was the age you could legally stop going to school in my day. I have
dyslexia back when I was going to school no one knew anything about that, all through my schooling the teachers not knowing
how dyslexia affects someone thought you were making a fool out of them, one day if a teacher stood up and gave a talk or
lecture on a subject and at the end of the talk, the teacher would ask a question and would say put up your hand if you know
the answer. I would put up my hand and if the teacher said tell us the answer most of the time, I would get the answer correct.
The next day the teacher would say to the class get your book and the teacher would say the name of the particular book, and
then the teacher would say read a particular story or subject and when you have finished that I will hand out a sheet of question
for you to write the answers. Because I could not understand the written question in text and paper format, I would get every
question wrong because I did not understand the written question, the teacher thought hay Kingsley gets most of the answer
right one day but not the next day so they thought I was doing that on purpose just to upset them. So, the teachers just left
me sitting at my desk all day every day doing nothing but looking out of the windows. With my dyslexia it is not that I cannot
read each word, it is that when they go in my brain my brain jumbles them all up, so I cannot make any sense of what I am
reading. If it was not for my computer, I would not be writing this. To this day I still cannot do anything with pen & paper.
Most of that time I have been working as a contractor. I had no employer to pay into a super fund, so I had been putting money
into high interest accounts for my old age, but I used all of that. To get the rest of the money I needed for my trial in
the Supreme court I had to turn to my 70-year-old Mom. Mum had to take out a loan on her house, the house she has owned since
1946 . over time I payed all the money back to mum, I would not do her wrong.
There were a number of pre-trial hearings that have to be held before the trial begins. The purpose of theses hearing is for
the prosecution and the defence with the trial judge to agree on as many facts of the case as than can to save time in the
full trial with many people and expense involved. In my case almost all of the facts were agreed on, in most trials the accused
might say it was not me or I was not there and there would be any number of witnesses to say the accused was somewhere else
or the prosecution might have witnesses to the accused was there, or any other numerus facts. In my case it all came down
to what the armed robber did in the last few seconds before I shot him. In those last few seconds, the robber moved out of
the view of the security video camera. So, at the pre-trial hearings there was nothing to agree on, so the three of them were
just chatting in general most of the time, like they were talking about how the Australian team was doing in the cricket over
in the West Indies. So, I was paying thousands of dollars in legal fees so my legal team could talk about cricket.
Well, a month or so later it was time to plead again, this time in the supreme court. So it was up to the Seventeenth floor
of the State bank building to Gary’s office again. I have forgotten to say that my brother-in-law Daryl came and pick
me up from home and drove me into town then came into court with me every time, I don't know how I would have got through
all of it without Daryl's support ,thank you Daryl. I wish Gary and Daryl did not walk so fast, but we did our usual walk
down to the court. We met Michael in front of the Sir Samuel Way building the supreme court. This time we were a bit early
so Michael said let's go and have a coffee so we went to a cafe next to the supreme court
We are in the cafe and Michael orders coffee for us all, the girl brings the coffee and she says to Michael That will be ten
dollars or whatever it was. Michael slapped the pockets on his suit and said to Gary sorry mate I have no cash on me you will
have to pay for this one Gary. Then Gary does the same slaps his suit jacket pockets and says I have no money on me you will
have to pay Kingsley.
As I said to Daryl if I have to have Lawyers these are the ones for me. Here I am in the supreme court for the first time
with Gary Coppolla and Michael David QC and Daryl my brother-in-law who was my rock of Gibraltar during this whole murder
trial drama. We all go into the courtroom itself and wait till my case is called, there are several other short hearings.
Then my name is called out and Michael David walks over to the spot where the barristers address the court or in everyday
language it is where Michael David talks to the judge, this time it is not a Magistrate but a supreme court judge. In Australia
the supreme court is the highest court in each state and the highest court in Australia is called the High Court not to be
confused with what the Americans call the supreme court. I then walked into the dock; all I will have to do this day is when
the formal charge is read out in court. I will answer not guilty. While I am standing in the dock I see a group of school
girls all in their school uniforms, I can tell by the uniforms that it is one of those very expensive private schools here
in Adelaide, I suppose they are on a school outing to check out the workings of the supreme court, the girls are just casually
looking all around the courtroom as the person in the courtroom is reading out my charge when he said you are charged with
murder all of a sudden ever school girls face swings around looking at me in the dock. After I said not guilty that hearings
are all over. That hearing took less than half an hour, cost me three thousand three hundred dollars, and I paid for the coffees.
It is strange if are young person with a strange hair style we say how mad is he, but it is ok for a QC. Queen’s Counsels
to wear one of those curly wigs, and the higher their status the longer the wig, and the more rows of curls.
The period before the main trial, when I was on bail for murder was worse than the robbery and shooting. In some ways it may
have been better to go to Jail straight away rather than have it on your mind twenty-four seven for eight months or so, I
had to try and live my life the same way but had no idea what was going to happen to me. I just could not get my mind around
the fact that here I am on bail for murder.
How could the department of public prosecution come up with the idea that I would murder someone without a justifiable reason.
It was only a few months earlier that I was punched around the head by a boyfriend of an unhappy customer. One night about
6:30 pm. in the middle of our peak hour traffic period, a young lady this man's girlfriend had broken down in the middle of
Light Square in the middle of the city. She was a member of the R A A our auto club in South Australia, they had sent out
a patrol van but were unable to fix her car so a tow truck was called for. We were flat out at the time so it would have taken
about an hour before we got to her and her boyfriend had rung the R A A to complain about the delay. The R A A in their wisdom
had given him our company's phone number so he rang to see what was going on. The boss was doing the phones himself we were
so flat out at that time The boyfriend told Bob over the phone he was going punch the tow truck driver in the head because
we have left his girlfriend waiting for so long. Bob told me later he thought the guy was just mouthing off. Meanwhile I had
picked the car up and was taking it to the address the girl had asked to be taken to, not knowing Bob had just had a run in
with the boyfriend. In the truck the girl was as quiet as a mouse, and I did not know she had been waiting for us for so long.
When we got to the house and I started to unhook the car, still not knowing what had happened, I was down on one knee when
the boyfriend came out of the house and started punching me in the head. I grabbed a steel bar off the back of my truck and
said to him what’s this all about?’ he said the man on the phone told me it is your fault it has taken so long
to get the car picked up. I said to him if he had finished impressing his girlfriend, and if he had I would put down the steel
bar and leave it at that, all this time I had blood coming from my nose and running over my clothes. The next day he made
a complaint to the R A A that I had broken his wrist with the bar, but I think he must have broken it on my head. The reason
I am telling you this story about the boyfriend is just after the shooting and with my photo all over the TV and the newspapers,
I thought of this incident and thought to myself I would love to see the look on the face of the boyfriend when he noticed
it was me.
During this time on bail waiting for my trial the days seem to me to last twice as long. I remember every time I had to drive
past the jail, I said to myself, this will be my new home. One night I had to tow a broken-down car from the car park of the
Britannia Hotel, as I was out of the truck talking to the driver of that car a bloke calls out Kingsley as he walked towards
me. It turned out to be the estranged husband of Margaret from the service station, he just wanted to shake my hand and thank
me for saving Margaret’s life. This has a strange effect on my brain, here is this man shaking my hand and thanking
me for saving someone’s life at the same time I am on bail charged with murder for doing what this man is thanking me
for. It was a quiet time in the towing business, I would sit in my truck waiting for the next job and sometimes I would wonder
how bad jail could be. It could not be much worse than sitting around for hours in the city in the cold waiting for the next
job. Some nights I would sit there for three hours or more, that’s the reason I was at the service station the night
of the robbery, just to fill in time and wait for my next job.
Well, here I am, at last sitting in the dock of the South Australia Supreme Court charged with murder, not even manslaughter
but, murder one as they would say in the U S, all I did was stop off for a coffee with a friend, to show off my gold-plated
pistol. Michael David QC and Gary Coppolla are for the defence, on the other side there is Ms Ann Vanstone QC and Ms Mealor
for the prosecution. I hope Ms Mealor does not mind but we gave her the nickname sexy legs, when she was dressed for court
in the black silk robe and seated all you could see was her legs. My sister and my brother-in-law were always seated right
behind Ms Ann Vanstone QC and Ms Mealor for the prosecution and another one of the strange things about my murder trial was
my sister and Ms Mealor had a few nice little chats, mainly about all the tradition of our legal system which is very much
based on English law that goes back hundreds of years. The young Ms Mealor was telling my sister all about the different robes
and that every part of them had a traditional meaning. Like there is a little pocket in the back of the robe and hundreds
of years ago their clients would slip the money for the service they had done into this little pocket, I don’t think
to two parties were allowed to look at each other or something like that.
Michael started his legal fight with Ms Vanstone, the first hour Ms Vanstone was saying because I had been a member of a shooting
club for a number of years and I owned a number of firearms I would more likely to shoot someone than the average person and
I would be good shot. But my QC Michael David said I have been a member of a local cricket club for many years and I own several
cricket bats but that does not mean I am good enough to play cricket for Australia. A lot of the time I had no idea what they
were talking about, they were speaking in English but I could not understand it. They went at it for about an hour then Justice
Lander call an adjournment, or was it a cease fire. In the break I went up to Michael and said how did it go? Michael seemed
happy with what happened, he said we already have enough for an appeal if we needed one. I said to Michael David their will
be no appeal mum has already had to take a mortgage out on her house for me to pay for this trial, I am not having mum lose
her house to pay for an appeal or another trial this is a one time deal win or lose. So I then ask Michael David what happens
now, Michael replied they will call up a list of people in the jury pool and pick the jury.
It is a lot different than I was used of seeing on the TV shows where it takes two weeks to pick a jury, and your lawyers
get to ask them lot of questions. Here in my trial, they called in thirty people from the pool and give them a number, then
my lawyers had a list with their names and occupations on it, the prosecution has the same information. One of the court staff
brings out their bingo machine and starts turning the handle another court staff member pulls out one of the little balls
with a number on it, I am not joking they do it that way. Then the person who has that number walks from the public gallery
to the jury box, both lots of lawyers can object to only three members of the jury, and they only have until that person is
seated in the jury box, that’s it! After the jury is picked, they read the charge again, by now I know I have to say
not guilty off by heart. Then to my surprised the judge says that the bail is revoked. So, for a time, I thought I would be
in jail until the end of the trial, to my relief Michael David ask the judge for a continuance and the prosecution did not
Now it was time for Ms Vanstone’s opening address to the Jury, Ms Vanstone is a very good and experience Queen’s
Council. Ms Vanstone pushed the firearms angle very hard of course, she had summoned to appear one of my pistol club committee
members. He told me later that after talking to him they decided I did not fit the stereotype of a crazy gun owner, so he
was never called.
I was told that she was going to open with a recording from a radio talk back show where I was talking to Mr Christopher Cordeaux
about my views on firearms. I was a caller on many subjects, but the media went through all the recording to find something
sensational they could use on the TV news. Michael David said that is not a problem, I will just summon Mr Cordeaux to appear,
I know that Mr Foreman has been in the past invited personally by Mr Cordeaux to go into the radio station and appear on his
show. They changed their mind and did not play the tape.
Ms Vanstone did a very good job I thought. I almost voted myself guilty after hearing her opening address but I don’t
think my old Mum liked her opening much. One of the things I found Ironic about the whole thing. My sister told me years ago
that a least for part of my trial the pistol I used in the robbery was in Ms Vanstone handbag. My sister during the trial
was seated just behind where the prosecutors sat, and at least on one occasion my sister saw the pistol in Ms Vanstone’s
handbag when she was going through the bag on the ground next to her. So as far as I know Ms Vanstone who would walk across
Victoria Square in the middle of the city of Adelaide to her chambers on Angas street. Had had the pistol in her handbag,
I would imagine Ms Vanstone did not have a firearms handgun licence at the time. The media made a big deal out of the fact
that I had a pistol with me at the service station, and even today the first thing people ask me is why did I have a firearm
with me at the time. I was member of the firearms collector's section at the Sporting Shooters Para club Adelaide, and as
a firearms collector you also have a collector's endorsement on your handgun licence. As far as I know a firearms collector
are the only collectors in our state that cannot take any of their collections to show a friend without breaking the law.
Ms Vanstone called her first witness, a police draftsman from the technical section, who had made detailed plans of the service
station and the inside of the shop. Then she called the officer who had taken photos of the shooting scene, he had also taken
the photos of the robber's autopsy. He had taken photos of a re-enactment, where police cadets were used to take the place
of us. I was told later by the man who was working at the Caltex service station where they did there re-enactment that day,
he said that it worked out just like I said on the night of the shooting. That’s why Ms Vanstone did not use it.
Ms Vanstone then called Mrs Margaret Rowe, the lady who was working the night of the robbery. All the attention is on what
happened to the robber, what about poor Margaret, who was working on Saturday night just doing her job to make a bit of money
to raise her kids single handed not by choice. When some young man comes in to get money the easy way, not by working on a
Saturday night like Margaret.
So here she is now just days after her mother had died, having to testify in the supreme court, because this young man decided
to rob her for some quick cash.
The basis of her testimony was that she was working and talking to me when this man sticks a large knife to her chest demanded
money and started to leave. She turns to ring for the police as she has been taught to do, so she did not see what the robber
did near the door. Margaret told the court my most vivid memory was the robber holding the large knife to my chest and I thought
that big knife would go straight through me. Margaret had rung me long before, only days after the shooting, she did not know
what to do. The police wanted her to give another statement, she said she did not remember all of what happened that night.
Margaret said tell me what to tell them, I said If you do not remember tell them that. Just don't lie they will be able to
work out if you are not telling the truth. But they say on the radio you may be charged with something serious; I don’t
want you to get into trouble.
I will be ok just don’t lie. I think Margaret was the last witness that day then they arranged for the jury to visit
the Caltex service station the next day to view the scene of the robbery and shooting. Michael David did not want me to go
to the viewing, I don’t know why, so I did not have to go to the court until after lunch.
The next day my brother-in-law and my sister pick up mum and me and into town we went. Through the media crush again into
the supreme court, we were a bit early so we just sat down in the lobby. It was not long before the lift opened and Michael
and Gary stepped out, Michael spotted me and headed over to us, he looked like he just won the lottery. I said how did it
go?’ Michael said ‘we have got them thinking our way. Michael said I was able to show them that if the little
bastard had turned to go out of the door like the prosecution said he would have run into the wall, Michael went on to say
that this afternoon would be make or break time for us. Dr James testimony would be crucial to their case.
I went back into the dock it was reasonably comfortable it had a padded seat and back. I notice just under the shelf was long
strong metal rail, that would be for handcuffing the bad boys to, I think. Ms Vanstone next witness was a police officer from
the ballistic section who had test fired and checked the safety of my Beretta pistol I had that night. I think he did more
for my defence than he did for Ms Vanstone’s case, by the time he described my little pistol as a last century design,
small calibre no sights on it, with a barrel too short for target work, and being gold plated it was clearly a collector's
piece. Then he went on to describe what type of pistol the replica would have been. It was a 9-millimetre Smith & Wesson auto
pistol with a capacity of 14 rounds at the high end of the calibre scale and was the preferred weapon of our Star Force the
police response squad. Well so far, all the witness’s that Ms Vanston QC had called for the prosecution I think were
better for the defence than the prosecution It was agreed that I was there, I had the pistol, and that I fired that pistol.
The fact is most of the event is caught on security video for all to see. The security video was the old type not the normal
30 frames per minutes but only 3 or 4 frames per minutes, and to this very day it still upsets me that after my trial the
news media keep showing the security video speeded up so it looks like normal video, The TV media keep showing it over and
over again. So, when everyone saw the video on TV all over Australia it is not the way the robbery and shooting happened in
real time. The police had used the video to take still photos off for the jury to study at their leisure, some one hundred
single shots. Out of thirty-four seconds that is what they said the whole robbery and shooting took, what both the prosecution
and the defence are arguing over is about two or three seconds.
The time had come for Dr James to take the stand, as soon as he was sworn Michael David asked for the jury to retire, as there
was a legal point he had to discuss. If you have not been to a jury trial in here it is very interesting, if I was not sitting
in the dock facing a mandatory twenty-five years in jail, I would have enjoyed being there seeing how the whole system works.
It is so different to the American legal system we are so used of seeing because of the many American movies and TV shows
we see here in Australia. I was sitting in the dock I do not sit with my defence team like in an American courtroom, the dock
which was on one side of the courtroom, the jury were sitting on the opposite side of the courtroom and the judge was sitting
at the back in the middle. The defence barristers sit in the middle of the court on one side and the prosecution barristers
sit on the other side and all the barristers or lawyers as they are called in America do not move from there spot, they do
not wander around the courtroom when they are addressing the court and they certainly don’t wander over to the jury
box. The front of the courtroom is the public gallery. How I see the way a trial operates as an outsider is the prosecution
and the defence argue over each fact and the judge is the referee and the jury decide which team is right. In Australian courts
like in England the jury is sent out of the courtroom and without the jury the prosecution and the defence spell out their
version of each fact and if one side or the other does not think the jury should hear something that my prejudice their version
of the fact then the judge decide if the jury can hear it or not, then they bring the jury back in and then both side deliver
their version of that fact in front of the jury who will decide which version they believe. What I don’t like about
the American way it is done in an American court, is they don’t send out the jury and if the judge does not agree on
one side objection, he tells the jury to disregard the objection but how can someone disregard what they have heard, that
does not make any sense to me.
Michael David wanted the judge to restrict Ms Vanstone from referring to the door, but Ms Vanstone argued that she cannot
be restricted from using one word. The defence argued that, by the prosecution using the word door it would put the idea in
the jury’s mind that someone was leaving the building when they could have been doing something else. The judge asked
Michael David what do you mean? Michael said, If my learned friend tells the jury the deceased turned near the door the jury
would automatically infer from that he was leaving the shop. But if my friend says the deceased turned after he leaves the
cameras view this does not automatically mean he is going out of the shop, he could be doing anything.
Michael did not win that one, so they recalled the jury and Ms Vanstone questioned Dr James as to where the bullet hit the
deceased, he answered the projectile hit the top of the shoulder an inch toward the back. This is how Vanstone used the word
back like she used the word door.
Michael got a win when he got to cross-examined Dr James. Michael pointed out that from the autopsy he knew the angle from
where the shot was fired and the position of the deceased, and asked. could he have been turning back to face Mrs Rowe and
my client with the replica pistol in his hand and if you look at the video you see the deceased lifting his hand with the
pistol in it just before he goes out of view, Dr James said Yes. Dr James was the last witness for the Crown. So now it was
time for Ms Vanstone to close for the Crown. She was very good and delivered the government message I thought. She said we
do not arm the bank tellers we do not arm our shop workers. We rely on the police to capture offenders we don’t want
people taking the law in to their own hands. Mr Foreman said to himself here’s my chance to shoot somebody as the deceased
ran out of the door. Ms Vanstone then went on to say nothing can change the fact that the deceased was shot in the back.
After this statement, Justice Lander adjourned for the day, the trial would resume at 10 am the next day. Michael wanted all
of us to meet at his chambers in Angas Street in an hour. We all went around to the cafe in the market at the back of the
courts for a coffee and something to eat. About an hour later we all walked down Angas Street to Michael’s chambers.
Inside his chambers he said We have to decide what we will do tomorrow with the defence. Michael said I think our best defence
is no defence, I have decided not to call any witness. The only question is will Kingsley take the stand, but only Kingsley
can make that decision. I said if I am going to go down, I not going to make it easy for them by going on the stand and have
a highly paid QC like Vanstone make me look like a gibbering idiot and make me look bad in front of the jury. Michael and
Gary said we think you have made the right decision, but you have to sign a paper to say it was your choice in case it all
goes wrong at the end. The lawyers know how to cover themselves.
It is funny after the trial had finished; I was interview by Ray Martin on his nationwide TV show. My barrister Gary Capolla
was at the Channel 9 studios on Tynte street North Adelaide as well, and while I was being interviewed by Ray Martin who was
in the Channel 9 studios in another state. Gary was in their control room somewhere out of my sight. I was on the studio stage
I suppose you would call it where they do the filming. They had me sit in a chair in the middle of the stage on my own and
the TV camera looked like it was filming me slightly side on. Then I heard a voice from someone I could not see. The voice
said you will have to turn him the other way, Ray Martin will only be filmed on one side of his face so to look like they
are talking to each other he has to turned the other way. I had already been to what I think is called the makeup room, there
were three makeup chairs I suppose you call them next to each other in front of the big mirrors with all the lights. There
was one man already sitting in one of the chairs it was one of the two six o’clock newsreaders Rob Kelvin, they sat
me down next to him and we said hello to each other and a few other nice words to each other like you normally would. A young
woman said I would like to put a little makeup on your face, and I said with my face you will need a lot. While she was doing
that a bloke came and said I am the audio man or something like that, and then he said do you mind if I put a microphone inside
your shirt and a earphone as well. I now feel sorry for people being interviewed on TV, it is not easy after Ray Martin ask
you a question and you a giving the answer to that question in your earphone you can hear someone telling Ray Martin the next
question to ask you and you can hear the person talking to Ray Martin and Ray Martin talking back to that person all while
you are still answering the first question. When he had finished the interview and Ray Martin said Thank you Mr Foreman, the
voice said to Ray Martin there is one more question I want you to ask him. So, Ray Martin asks me one more question and when
I had finished answering that question Ray Martin said again Thank you Mr Foreman but when I watched the interview later on
the TV Ray Martin only said Thank Mr Foreman once. After I had done the interview and we were still at Channel 9 I asked Gary
Capolla did I make an idiot of myself and Gary said you handle the question very well, I think you would have given Vanstone
a run for her money in you trial. Then a person at Channel 9 talked to me and Gary about the fee for the interview, it ended
with the person giving Gary a cheque in the amount of twenty thousand dollars made out to Kelly & Co the law firm Gary was
working for at that time. I wish now I had taken a photo of the cheque as a keepsake; It would be the only time in my life
I would be payee twenty thousand dollars for about an hour of work. At least its payee for part of my legal bills.
So, the next day is do or die, my sister said Michael called it the nasty day. It’s the last day of the trial, I got
dressed had my usual can of Coke for breakfast. My sister and brother-in-law were down early sitting around the table in the
kitchen, as we were getting ready to leave, I left my wallet and house keys on the kitchen table because I did not know if
I would be home again, that was when my sister all most broke down. So, it was off to town, same old thing the media was there
again so we pushed through the media crush into the front of the sir Samuel way building the Supreme court. We meet up with
Michael and Gary in the lobby, they had moved us to another courtroom today, it was on the other side of the building. Gary
asked have you changed your mind about testifying? No, I said when I say I will do something I stick to it, Gary said I think
you have done the right thing look what Vanstone did to Carmen Lawrence.
We all filed into the courtroom once again and the court resumed Michael David started his address to the jury, he must be
known for this as the public gallery filled up with wigs and black gowns. I must admit it cost me a fortune but it was worth
every cent, there were some great lines like. The position that Mr Foreman was in was a dreadful one as I will explain in
a moment, he was damned if he did and he was damned. if he didn't. What was he supposed to do on this night skulk back in
the corner, a let Mrs Rowe be threatened with a knife wait until something happened wait until she got stabbed before planning
with his pistol but please try and understand and the situation he must have been in when deciding whether he’s guilty
of murder or not.
I loved the fact Ms Vanstone in her closing to the jury said nothing can change the fact that the deceased was shot in the
back. As she was saying that she took her right hand and for all her worth she reached as far as she could over her shoulder
and down her back. I thought she would do herself an injury. The bullet hit him on top of the shoulder an inch towards his
back, that how she gets the word back. The bullet hit on top of the shoulder and ran along his shoulder under the skin into
the side of his neck, severing the main artery in his neck.
It was getting darker and darker still no news on the jury, we were on one side of the lobby and all the media were on the
other. From the level we were on I could just see through the top window, I could see the tops of the trees in Victoria Square,
it was the start of winter but there was still some leaves on the trees. My sister-in-law was standing next to my sister and
looking over the rail into the centre of the court building, I never thought I would ever see Chris my sister-in-law, so quiet,
for so long.
Mum was sitting next to me and I could see her smouldering away slowly, poor mum did not understand that Ms Vanstone was just
doing her job, I don’t think she was going to be on mum’s Christmas card list.
There was one good thing, I saw Sexy Legs walk up the stairs, I saw Michael walk outside then he came back in, then Vanstone
did the same. I thought maybe they were smokers, then Gary went outside and then he came back in. Michael went outside again,
I thought what not another smoke. I know why now; the TV news crews were outside waiting to do a live broadcast of the verdict.
I am not sure now, but it was three or four hours after the jury went out that we heard that they had reached a verdict. So,
everyone piled back into the courtroom, I can honestly say I was not nervous I was way beyond that I was in shock. When I
got back into the dock I noticed a few more security staff in the room, there had been one at my side all the time I was in
the dock, but most of them were dozing off. They were good they kept getting me drinks of water, one of them a lady about
my age said to me It is nice to sit next to someone nice for a change.
Well, this is it; the judge came in he asks for the jury to be brought in, then he said would the accused please stand. The
Foreman of the jury stood up to give their verdict, with a murder charge the jury can always give a manslaughter verdict,
so the judge asks for a verdict on the charge of murder, the Foreman said not guilty. This did not make me feel good, I knew
murder was out but manslaughter was a very strong possibility that was the one that had me worried. I waited for the Foreman
to read the verdict on manslaughter and the jury said not guilty.
I was still numb at that stage, but the judge was looking happier and said Mr Foreman you are free to go. That was the first
time I was referred to as Mr Foreman, rather than the Accused or the Prisoner after the Judge said Mr Foreman you are free
to go, I turned to leave the dock. The security officer next to me said good luck mate, I was going out the way I walked in.
All week I had been curious were the door behind me led to. The security staff used it to come and go so I imagine in goes
down to the cells. Before I could get out of the dock my sister who was sitting in the public gallery on one of the wooden
benches on the far side of Michael and Gary and her husband Daryl. Somehow, she flew over all of them and run over to me,
she hugged me so tight I thought I would stop breathing she was that emotional and excited. Gary had to come and take us outside
so the court could continue. The judge still had to thank and dismiss the jury.
Out in the lobby of the supreme court the reporters were all on the phones they were onto their newsroom ringing the verdict
through. To say my family was happy is an understatement, it was only minutes after the jury’s decision, and we had
just left the courtroom and were in the centre of the court complex when Daryl said your mobile phone is here and there is
a call for you. It was Margaret from the Caltex service station she was happy and glad that it was over and happy it had turned
out the right way. I asked how did you find out so fast ? she said the TV station had broken into their normal program to
do a live cross to the court for the verdict. Then Gary said the TV and other media are all out the front and they want you
to say something to them. Gary said I will do most of the talking for you, don’t worry about it. I had got used to the
TV cameras in my face during the day. They really do get close to you with the cameras and microphones, but I had not been
in front of the cameras at night with their bright lights. Gary and Daryl had the right idea, they had sun glasses on. We
all went out through the front doors straight into the bright lights of the media frenzy, I felt like a moth stunned by the
bright lights. There were TV reporters and radio reporters plus the newspapers as well, all shouting different question at
me at the same time.
I had just waited four hours for twelve men and women to decide my future, I was in no state to even know what day of the
week it was. So, with my family I left the supreme court for the last time with all the media behind me with their lights
We all went down to Mum’s house and sat around the big kitchen table, we were all there except my brother who could
not get time off from his job and was also looking after their kids while Chris was in Adelaide. Chris said I need a drink
she went to the fridge and got out the bottle of Ben Ene wine she had bought earlier. I said I need one too so we all ended
up with a glass in our hand. Daryl said I think we need some more wine; I was starting to shake all over now I only drink
beer as a rule but I said You better get a couple of those for me as well. Daryl went off up to the local hotel/Pub. While
he was away Mum and the girls were making some light snacks for us all, when he got back, we all topped up our glasses. Including
my seventy-year-old Mum, then my sister said we should toast the jury they have done their job correctly, so we toasted the
jury. Then someone suggested we should toast judge Lander so we did, then we toasted Michael David by now the wine was getting
low so good old Daryl went off with Chris back to that Hotel/Pub. When Daryl and Chris got back, they were giggling they told
us the barman at the hotel/pub had asked it they had won the Lotto or something. Now it was Gary Cappola’s turn for
the toast, by the end we were toasting every man and his dog, that was the best night in about a year.
I had to face a firearm charge after the murder trial, I was charged with a breach of my firearms licence for having my registered
Beretta pistol unloaded with me on the night of the robbery. At the Magistrates court the Magistrate pointed out that the
charge was for having my registered Beretta pistol at the service station and not the use of the firearm, and the Magistrate
fined me one thousand two hundred dollars. Which was about the normal fine for that sort of breach of your firearms licence.
The prosecutor then asks the Magistrate to ban me from using or possessing any firearms for life, which was not normal for
this sort of breach of someone’s firearms licence. The Magistrate who had pointed out that the offence was not the use
of the pistol at the service station just that I had taken it there, agreed and granted the prosecutor request. My legal team
told me that I would have a good chance of overturning that life time ban in the courts, but that would have cost a lot more
money for me in legal fees, and tell you the truth after all the stress I had been through I did not want to do that. It would
not have been much good anyway, now I have P T S D that bad, every time I hear a gun go off in a movie or on TV. The sound
makes me react in a fearful way. Despite the hell I am still going through, if I was there again, I would do the same thing,
I guess. It seems to me the only ones to lose out of the whole mess are Margaret and myself, my lawyers got all the money.
Michael David QC. was made Justice David of the supreme court as was Ms Anne Vanstone QC now justice Anne Vanstone , my barrister,
Gary Capolla has better chambers, the Channel 9 news crew who took the footage at the service station that night received
an award for the coverage. The woman reporter from the Advertiser received an award for her coverage of my trial and the newspaper
received an award as well, and the government got the message through to the people of South Australia, that you do not arm
yourself with a firearm to defend yourself or anyone else. Going back after the shooting but before I was charged with murder,
I had a meeting with Keith Tidswell and Gary Coppolla in Keith’s office at the Sporting Shooters in Adelaide. I spoke
on the phone to the National President of the Sporting Shooters Ted Drane who said the Sporting Shooters would fund my defence.
later Gary Coppolla spoke to my QC. Mr Michael David. Gary said that Mr Michael David told him at that time before I was charged
that he did not won’t me to be seen to have the public backing of the Sporting Shooters. Mr David said that it might
have an influence on the D P P to charge me, and if it came to trial, he did not want any jury to think I was the poster boy
for the gun lobby. But the day after my trial on the nightly news there was footage of Sporting Shooters staff on the phones
taking donations for my defence cost, I have never received any money from the Sporting shooters. The last time I saw Margaret
was just after my trial ended, one Saturday night I went back to the Caltex service station at Keswick and Margaret was still
working there, she was very happy to see me. A short time later as we were talking a small group of girls came into the service
station, one of the girls was Margaret’s teenage daughter. She was happy to meet me, it was a bit embarrassing Margaret’s
daughter wanted my autograph so I signed something for her I cannot remember what I signed. My hands shake all the time now,
but I was that nervous being at the service station again my hand was shaking that bad I could hardly write at all. I only
stayed a short time I could not stand being at the service station any longer, Margaret said it was very hard for her to go
back there, and she was only working there till she found another job. I have never been back to that service station since.
Even after all theses year I cannot go into any service station without feeling very nervous. I would like to know how Margaret
is going these days.