Keli Lane
Encyclopedia
Keli Lane a former Australian water polo
player, was convicted of the 1996 murder of her new born baby Tegan, and three counts of lying under oath. Lane is currently serving an 18 year prison sentence and will be eligible for parole
on 12 May 2023, after serving a period of 13 years and five months in custody. On 18 April 2011, Lane's lawyers lodged an appeal against her conviction as a Sydney taxi driver made claim he allegedly saw Lane dispose of the child.
, Lane enrolled in an arts degree at the University of Newcastle
and then went on to study at the Australian College of Physical Education
while working part-time at Ravenswood School for Girls
as a physical education teacher. Between 1994 and 1998, she was in a relationship with rugby league player, Duncan Gillies. An elite water polo player at national and international level, Lane was a member of the silver-medal winning Australian Junior Women's team at the 1995 World Championships in Quebec, Canada. It was Lane's ambition to represent Australia in water polo at the 2000 Sydney Olympic Games.
. Two days after giving birth to the child, Lane and Gillies attended a friend's wedding and there was no sign of the baby. In 1999, Lane gave birth to another child and, after being refused an abortion in Queensland, she decided to put the child up for adoption. Lane advised a social worker that this was her first child and that Gillies was the father. Gillies denied the claims. The social worker, concerned for the health of the child, placed the baby in temporary foster care.
. Concerned about the situation, the DOCS social worker alerted the local police who began investigations in late 1999.
During police interviews, Lane claimed that she was forced to hide her pregnancies because of her fear of the reaction of her parents and friends. It was reported that during the police interviews Lane said several times she felt alone when she became pregnant and "I had no other choice." Manly police referred the matter to the New South Wales Coroner
in 2005.
, and heard that police had undertaken an extensive search for the child, including attempting to match DNA
samples. The inquest resulted in the Coroner declaring that he was "... comfortably satisfied that Tegan Lane is in fact deceased..." and that he was disturbed that baby Tegan had met with foul play, although he also stated that there still existed a possibility that she was alive somewhere. The Coroner recommended that the brief of evidence and transcript of the coronial inquiry be forwarded to the New South Wales Homicide Squad for assessment and if necessary further investigation.
payments or other government payments for children, immigration records, police records, drivers licences and vehicle registration records, electricity connection records, Sydney's White Pages, and Australian Taxation Office Records. Police were unable to locate a man of that name(s) that matched the profile. Police also sought to locate Tegan Lane by searching the records of over 9,000 primary schools in Australia – a search process that lasted two years. Two girls named Tegan Lane were found in Queensland and another possibility was picked up on a Torres Strait island. Finally, police excluded all possible leads.
The police investigators, assessing that they had no conclusive evidence nor any physical evidence pointing to baby Tegan's death, decided not to charge Lane; however, they referred the matter to the Director of Public Prosecutions (DPP), Nicholas Cowdery
. In what the National Times described as "an unusual step", on 17 November 2009, the DPP charged Lane with the murder of Tegan Lee Lane. Lane pleaded not guilty, and the matter went to trial by jury
.
; presided over by Justice
Anthony Whealy; with Mark Tedeschi, QC
as the Crown Prosecutor; and Keith Chapple, SC
defending Lane under instruction from Legal Aid; and began on 9 August 2010. The Crown alleged that Lane fell pregnant five times over seven years during the 1990s; terminating
the first two pregnancies, placing two babies up for adoption
, and allegedly murdering her baby, Tegan, on 14 September 1996. The jury heard that Lane concealed her pregnancies from her family and friends in order to protect her personal image and reputation.
The evidence heard at the trial was similar to that presented at the inquest four years earlier. The major differences were the police searches that occurred in between, and the discovery that Lane had left Auburn Hospital not at 2 pm on the day Tegan disappeared, but several hours earlier. The Crown produced evidence that, as a motive for murder, Lane was prepared to abandon her children at birth to increase her chances of representing Australia in water polo at the Sydney 2000 Olympic Games. There was also evidence she believed children would interfere with her educational plans, her social life, and the regard in which she was held by parents and friends. It was also alleged that her friends' wedding on 14 September may have been a crucial factor; as Lane sought a permanent solution to a potential problem to hide evidence of the pregnancy and birth from family and friends.
At various stages during the trial, clashes over points of evidence occurred between the Crown and the presiding Judge. The Crown took one matter to the Court of Criminal Appeal
. At the heart of the Crown's appeal was that Lane's lies – those concerning Andrew Morris, Andrew Norris, and the story that she gave Tegan to a "Perth couple" – were indicative of Lane's guilt. Justice Whealy had instructed the jury that Lane's lies did not equate to guilt, whereas the Crown claimed otherwise. The Crown won its case in the Appeal Court and, in summing up, Crown Prosecutor Tedeschi suggested to the jury that the three lies were evidence of consciousness of guilt.
Lane's defence rested on the lack of evidence about how or where Tegan might have been killed. The Defence claimed that even if Lane had killed Tegan, the Crown could not prove she had done so deliberately or with the intention to kill. In the absence of evidence, Chapple called on Justice Whealy to direct the jury to find Lane not guilty of murder. After hearing from the Crown Prosecution about similar cases involving circumstantial evidence (namely Kerry Whelan and Dorothy Davis) and considering the matter for a day, Justice Whealy rejected the defence application. Chapple announced that Lane would not be giving evidence; and that there would be no defence witnesses at all.
Summing up the cases lasted for over a week; Tedeschi taking two and a half days, Chapple taking four days. In directing the jury, Justice Whealy asked them to consider "not whether the accused is guilty, but whether the Crown has satisfied you beyond reasonable doubt that she is guilty".
In total, the trial lasted four months and, after deliberating for a week, on 13 December 2010 the jury found Lane guilty of lying under oath in relation to documents dealing with her adopting out two other babies. The jury was not able to come to a unanimous
verdict on the murder charge. Under advice from Justice Whealy, the jury was given the option of returning a majority of 11 to one verdict. A little later on the same day, the jury found Lane guilty of murder of Tegan Lee Lane. Lane was refused bail.
. It was reported that psychiatrist Michael Diamond, who appeared before the hearing on behalf of the Crown, found no evidence of a psychiatric disorder and that Lane's decisions appeared to be based on "problem solving".
On 15 April 2011 Lane was sentenced to 18 years jail with a non-parole period of 13 years and five months. She will be eligible for parole on 12 May 2023.
Lawyers acting for Lane lodged an appeal against her conviction on 18 April 2011. The same day, claims were aired in the media that a taxi driver saw Lane dump the baby in bushland, enroute to Manly. According to lawyer, Chris Murphy, the taxi driver collected Lane from Auburn Hospital and stopped on River Road, at her request. Murphy claims that the driver believes that Lane left the baby in bushland and returned to the taxi, where they continued on to Manly. Murphy claims that the driver returned to the site where the baby was allegedly left and found a woman there. According to Murphy, the driver claims that the woman stated she would attend to the needs of the baby and the driver then left the scene. Police are investigating the claims made by the driver.
Water polo
Water polo is a team water sport. The playing team consists of six field players and one goalkeeper. The winner of the game is the team that scores more goals. Game play involves swimming, treading water , players passing the ball while being defended by opponents, and scoring by throwing into a...
player, was convicted of the 1996 murder of her new born baby Tegan, and three counts of lying under oath. Lane is currently serving an 18 year prison sentence and will be eligible for parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
on 12 May 2023, after serving a period of 13 years and five months in custody. On 18 April 2011, Lane's lawyers lodged an appeal against her conviction as a Sydney taxi driver made claim he allegedly saw Lane dispose of the child.
Early years and background
Lane is the daughter of well known surfer, rugby player and retired police inspector, Robert Lane and his wife, Sandra. Educated at Mackellar Girls High School in ManlyManly, New South Wales
Manly is a suburb of northern Sydney, in the state of New South Wales, Australia. Manly is located 17 kilometres north-east of the Sydney central business district and is the administrative centre of the local government area of Manly Council, in the Northern Beaches region.-History:Manly was named...
, Lane enrolled in an arts degree at the University of Newcastle
University of Newcastle
University of Newcastle can refer to:* Newcastle University, a university in the United Kingdom* University of Newcastle, Australia, a university in New South Wales...
and then went on to study at the Australian College of Physical Education
Australian College of Physical Education
The Australian College of Physical Education is an independent specialist tertiary education institution in Sydney, Australia. The college offers degree programmes in physical education, sports coaching, health and fitness, dance education, and sports management...
while working part-time at Ravenswood School for Girls
Ravenswood School for Girls
Ravenswood School for Girls is an independent, Uniting Church, day and boarding school for girls, situated in Gordon, an Upper North Shore suburb of Sydney, New South Wales, Australia....
as a physical education teacher. Between 1994 and 1998, she was in a relationship with rugby league player, Duncan Gillies. An elite water polo player at national and international level, Lane was a member of the silver-medal winning Australian Junior Women's team at the 1995 World Championships in Quebec, Canada. It was Lane's ambition to represent Australia in water polo at the 2000 Sydney Olympic Games.
Tegan Lane
On 12 September 1996, Lane, aged 21, gave birth to Tegan Lee Lane at Auburn HospitalAuburn Hospital
Auburn Hospital is a 155 bed hospital in Auburn, which is in the western suburbs of Sydney, Australia. It provides basic 24-hour emergency facilities, as well as a medical, surgical, paediatrics, and maternity facilities as well as coronary care and intensive care facilities.This facility is part...
. Two days after giving birth to the child, Lane and Gillies attended a friend's wedding and there was no sign of the baby. In 1999, Lane gave birth to another child and, after being refused an abortion in Queensland, she decided to put the child up for adoption. Lane advised a social worker that this was her first child and that Gillies was the father. Gillies denied the claims. The social worker, concerned for the health of the child, placed the baby in temporary foster care.
Department of Community Services investigations
Prior to finding a permanent home for this child, the Department of Community Services (DOCS) made further investigations that led to finding that the child born in 1999 was in fact not Lane's first child and that she had given birth to Tegan Lane in 1996 at Auburn Hospital. Further investigations resulted in findings that Lane had given birth on two prior occasions, on both occasions during her four-year relationship with Gillies. Gillies claimed he was completely unaware of Lane's pregnancies. When confronted with these allegation in October 1999, Lane initially denied the existence of the two earlier children. Several days later, she claimed that the middle child (Tegan) lives with a family in PerthPerth, Western Australia
Perth is the capital and largest city of the Australian state of Western Australia and the fourth most populous city in Australia. The Perth metropolitan area has an estimated population of almost 1,700,000....
. Concerned about the situation, the DOCS social worker alerted the local police who began investigations in late 1999.
Initial police investigations
After some initial tardiness, in February 2001 Lane, who by now had given birth to a fourth child, was interviewed by police. During the police interview, Lane claimed that she had given the child (Tegan) to the baby's father, a man called Andrew Morris, with whom she claimed to have had a brief affair. Lane was interviewed by police again in May 2003. This time she claimed the man's name was Andrew Norris; handing over the baby in Auburn Hospital carpark.During police interviews, Lane claimed that she was forced to hide her pregnancies because of her fear of the reaction of her parents and friends. It was reported that during the police interviews Lane said several times she felt alone when she became pregnant and "I had no other choice." Manly police referred the matter to the New South Wales Coroner
Coroner
A coroner is a government official who* Investigates human deaths* Determines cause of death* Issues death certificates* Maintains death records* Responds to deaths in mass disasters* Identifies unknown dead* Other functions depending on local laws...
in 2005.
Coronial inquest
A coronial inquest into the disappearance of Tegan Lee Lane began in June 2005 and ran until February 2006. The inquest was presided over by John Abernethy QCQueen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
, and heard that police had undertaken an extensive search for the child, including attempting to match DNA
DNA
Deoxyribonucleic acid is a nucleic acid that contains the genetic instructions used in the development and functioning of all known living organisms . The DNA segments that carry this genetic information are called genes, but other DNA sequences have structural purposes, or are involved in...
samples. The inquest resulted in the Coroner declaring that he was "... comfortably satisfied that Tegan Lane is in fact deceased..." and that he was disturbed that baby Tegan had met with foul play, although he also stated that there still existed a possibility that she was alive somewhere. The Coroner recommended that the brief of evidence and transcript of the coronial inquiry be forwarded to the New South Wales Homicide Squad for assessment and if necessary further investigation.
Subsequent police investigations
From 2006, Police investigations focused on locating Andrew Morris (or Andrew Norris), the man that Lane claimed was the father of Tegan. It was reported that police looked at birth registrations, official name changes, electoral rolls, recipients of CentrelinkCentrelink
Centrelink is the trading name of the Commonwealth Service Delivery Agency , a statutory authority responsible for delivering human services on behalf of agencies of the Commonwealth Government of Australia. The majority of Centrelink's services are the disbursement of social security payments...
payments or other government payments for children, immigration records, police records, drivers licences and vehicle registration records, electricity connection records, Sydney's White Pages, and Australian Taxation Office Records. Police were unable to locate a man of that name(s) that matched the profile. Police also sought to locate Tegan Lane by searching the records of over 9,000 primary schools in Australia – a search process that lasted two years. Two girls named Tegan Lane were found in Queensland and another possibility was picked up on a Torres Strait island. Finally, police excluded all possible leads.
The police investigators, assessing that they had no conclusive evidence nor any physical evidence pointing to baby Tegan's death, decided not to charge Lane; however, they referred the matter to the Director of Public Prosecutions (DPP), Nicholas Cowdery
Nicholas Cowdery
Nicholas Richard Cowdery AM QC was the Director of Public Prosecutions for the Australian state of New South Wales. He held the position from 1994 to 2011. Cowdery also served as President of the International Association of Prosecutors from 1999 to 2005.Cowdery attended Wollongong High School and...
. In what the National Times described as "an unusual step", on 17 November 2009, the DPP charged Lane with the murder of Tegan Lee Lane. Lane pleaded not guilty, and the matter went to trial by jury
Trial by Jury
Trial by Jury is a comic opera in one act, with music by Arthur Sullivan and libretto by W. S. Gilbert. It was first produced on 25 March 1875, at London's Royalty Theatre, where it initially ran for 131 performances and was considered a hit, receiving critical praise and outrunning its...
.
Trial process and criminal finding
The matter was heard in the Supreme CourtSupreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
; presided over by Justice
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
Anthony Whealy; with Mark Tedeschi, QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
as the Crown Prosecutor; and Keith Chapple, SC
Senior Counsel
The title of Senior Counsel or State Counsel is given to a senior barrister or advocate in some countries, typically equivalent to the title "Queen's Counsel" used in Commonwealth Realms...
defending Lane under instruction from Legal Aid; and began on 9 August 2010. The Crown alleged that Lane fell pregnant five times over seven years during the 1990s; terminating
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
the first two pregnancies, placing two babies up for adoption
Adoption
Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...
, and allegedly murdering her baby, Tegan, on 14 September 1996. The jury heard that Lane concealed her pregnancies from her family and friends in order to protect her personal image and reputation.
The evidence heard at the trial was similar to that presented at the inquest four years earlier. The major differences were the police searches that occurred in between, and the discovery that Lane had left Auburn Hospital not at 2 pm on the day Tegan disappeared, but several hours earlier. The Crown produced evidence that, as a motive for murder, Lane was prepared to abandon her children at birth to increase her chances of representing Australia in water polo at the Sydney 2000 Olympic Games. There was also evidence she believed children would interfere with her educational plans, her social life, and the regard in which she was held by parents and friends. It was also alleged that her friends' wedding on 14 September may have been a crucial factor; as Lane sought a permanent solution to a potential problem to hide evidence of the pregnancy and birth from family and friends.
At various stages during the trial, clashes over points of evidence occurred between the Crown and the presiding Judge. The Crown took one matter to the Court of Criminal Appeal
Court of Criminal Appeal
The Court of Criminal Appeal is the name of existing courts of Scotland and Ireland, and an historic court in England and Wales.- Ireland :See Court of Criminal Appeal ...
. At the heart of the Crown's appeal was that Lane's lies – those concerning Andrew Morris, Andrew Norris, and the story that she gave Tegan to a "Perth couple" – were indicative of Lane's guilt. Justice Whealy had instructed the jury that Lane's lies did not equate to guilt, whereas the Crown claimed otherwise. The Crown won its case in the Appeal Court and, in summing up, Crown Prosecutor Tedeschi suggested to the jury that the three lies were evidence of consciousness of guilt.
Lane's defence rested on the lack of evidence about how or where Tegan might have been killed. The Defence claimed that even if Lane had killed Tegan, the Crown could not prove she had done so deliberately or with the intention to kill. In the absence of evidence, Chapple called on Justice Whealy to direct the jury to find Lane not guilty of murder. After hearing from the Crown Prosecution about similar cases involving circumstantial evidence (namely Kerry Whelan and Dorothy Davis) and considering the matter for a day, Justice Whealy rejected the defence application. Chapple announced that Lane would not be giving evidence; and that there would be no defence witnesses at all.
Summing up the cases lasted for over a week; Tedeschi taking two and a half days, Chapple taking four days. In directing the jury, Justice Whealy asked them to consider "not whether the accused is guilty, but whether the Crown has satisfied you beyond reasonable doubt that she is guilty".
In total, the trial lasted four months and, after deliberating for a week, on 13 December 2010 the jury found Lane guilty of lying under oath in relation to documents dealing with her adopting out two other babies. The jury was not able to come to a unanimous
Unanimity
Unanimity is agreement by all people in a given situation. When unanimous, everybody is of the same mind and acting together as one. Though unlike uniformity, it does not constitute absolute agreement. Many groups consider unanimous decisions a sign of agreement, solidarity, and unity...
verdict on the murder charge. Under advice from Justice Whealy, the jury was given the option of returning a majority of 11 to one verdict. A little later on the same day, the jury found Lane guilty of murder of Tegan Lee Lane. Lane was refused bail.
Sentencing
Sentence procedures commenced on 11 March 2011, again in the Supreme Court before Justice Whealy, with the Crown calling for the Court to pay particular regard to general deterrenceDeterrence (legal)
Deterrence is the use of punishment as a threat to deter people from committing a crime. Deterrence is often contrasted with retributivism, which holds that punishment is a necessary consequence of a crime and should be calculated based on the gravity of the wrong done.- Categories :Deterrence can...
. It was reported that psychiatrist Michael Diamond, who appeared before the hearing on behalf of the Crown, found no evidence of a psychiatric disorder and that Lane's decisions appeared to be based on "problem solving".
On 15 April 2011 Lane was sentenced to 18 years jail with a non-parole period of 13 years and five months. She will be eligible for parole on 12 May 2023.
Lawyers acting for Lane lodged an appeal against her conviction on 18 April 2011. The same day, claims were aired in the media that a taxi driver saw Lane dump the baby in bushland, enroute to Manly. According to lawyer, Chris Murphy, the taxi driver collected Lane from Auburn Hospital and stopped on River Road, at her request. Murphy claims that the driver believes that Lane left the baby in bushland and returned to the taxi, where they continued on to Manly. Murphy claims that the driver returned to the site where the baby was allegedly left and found a woman there. According to Murphy, the driver claims that the woman stated she would attend to the needs of the baby and the driver then left the scene. Police are investigating the claims made by the driver.