Henry Keogh granted bail, walks free
A man convicted of drowning his fiancee in the bathtub of their Adelaide home walked free on bail on Monday after he was granted a retrial.
Henry James Keogh was jailed for at least 25 years after being convicted of murdering Anna-Jane Cheney in March 1994.
The Court of Criminal Appeal ruled on Friday that Keogh should be granted a retrial, saying there had been a substantial miscarriage of justice.
Keogh applied for bail in the Supreme Court this afternoon, an application that was not opposed by prosecution. Justice John Sulan approved Keogh’s application and after finalising bail papers, Keogh will leave the court in the Sir Samuel Way building on Victoria Square.
Keogh had previously lost a number of appeals against his conviction but was granted a landmark challenge under new south Australian legislation.
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His lawyers contended that fresh and compelling evidence, including the possibility his fiancee may have suffered an extreme allergic reaction, undermined his conviction.
The court heard that a forensic pathologist who conducted Cheney’s autopsy had recanted on aspects of the evidence he provided at Keogh’s trial.
Prosecutors claimed Keogh drowned Cheney by grabbing her legs and lifting them up over her head.
But earlier this year, when arguing for permission for a new appeal, Keogh’s lawyer, Marie Shaw QC, referred to an alleged grip mark on Cheney’s leg.
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Shaw said there was now evidence from a tissue sample that showed the bruise was at least three to four days old at the time of Cheney’s death.
In a statement outside court, David Keogh said his brother would not comment on the case as it remained before the courts.
But he thanked Keogh’s lawyers and the many supporters who had contributed to his brother’s legal fight.
“Today is a day to be hugely grateful for the progress thus far,” he said.
“Adjustment to normal life will be extraordinarily difficult after almost 20 years of incarceration.
“He asks you all for some space to allow him to begin the process, surrounded by the people who love and care for him.”
A large group of supporters outside court cheered as Keogh stepped outside for the first time and made his way into a waiting car.
The matter will return to court on February 2.
READ MORE: Henry Keogh’s last, best hope
– AAP
