Murder of George Duncan - Investigations and Trial

Investigations and Trial

James declined to identify his attackers and the Premier of South Australia Don Dunstan offered government protection to witnesses after it was reported that they feared for their lives. Within days of the murder it was suspected that the group of men who killed Duncan were three senior Vice Squad police officers. Witnesses claimed that the detectives were also accompanied by a tall civilian who was never identified. The detectives were called upon to give evidence at the Coronial Inquiry but they refused to answer any of the questions put to them and were subsequently suspended from duty and eventually resigned. The coroner returned an open finding on 5 July 1972. The subsequent police investigation, which called the incident a "high spirited frolic gone wrong", failed to find sufficient evidence to prosecute any of the officers.

Public debate was so great that Premier Dunstan permitted police commissioner, Harold Salisbury, to call in detectives from New Scotland Yard, London to investigate the murder. Their report, which has never been made public, led to the crown solicitor announcing on 24 October 1972 that he had decided against proceeding with any prosecution.

On 30 July 1985 former Vice Squad officer Mick O'Shea told The Advertiser newspaper that the group involved were Vice Squad officers and that there was a cover-up to protect them. On 5 February 1986 three former Vice Squad officers, Brian Hudson, Francis Cawley and Michael Clayton were charged with the manslaughter of Dr. Duncan. Cawley and Clayton eventually went to trial in 1988 with both being acquitted of the charges on 30 September after refusing to testify. During the trial, O'Shea made specific allegations that it was a common practice for Vice Squad officers to throw homosexuals into the river, that certain members assaulted homosexuals and that on one occasion they had chased an individual while firing shots. A further allegation was later raised that there had been an attempt to influence a juror to find the two officers charged not guilty. A police task force was set up, reporting to Parliament in 1990 that there was insufficient evidence to charge any person with the murder. Repeated calls for a Royal Commission have been ignored.