Justice Not Served

Lewis Kelly was 16 years old in 1983, when police concluded he committed suicide by lying on the train tracks on New Year’s Eve.

Mark Haines was 17 years old in 1988, when police concluded that while intoxicated he abandoned a stolen vehicle, then walked out bush to lay on a train track to die.

Stephen Smith was 17 years old in 1995, when police concluded that he was killed by a freight train on his way home only a few kilometres away from where Mark Haines’ body was found.

Three young Aboriginal boys found dead on train tracks in the middle of nowhere. To this day, 30 years on, the cases have not been solved.

Lewis ‘Buddy’ Kelly was out with his friends on New Year’s Eve, in the Summer of 1983, celebrating. Lewis Kelly was last seen alive on his way home, walking up the stairs of the railway bridge connecting to West Kempsey, NSW. His body was found in the early morning of January 1st, 1984 on the train tracks heading to South Kempsey. Police ruled it a suicide.

Lewis Kelly was 16 years old. He had just graduate year 10 and began an apprenticeship as a Glazier. He was out celebrating the beginning of a new year as he had much to be excited about. He was going to travel overseas to America, competing in Tennis tournaments. Kelly’s family believe there was foul play the night of his death and they do not believe the police conducted a thorough investigation. From the 1984 police records on the death of Lewis Kelly, it shows that no blood alcohol readings were taken, no autopsy conducted, and they failed to take individual statements from key witnesses.

“My family is not giving up, our brother did not deserve to die at the age of 16, he had everything going for him.” – Monica Kelly, Lewis’ sister.

The Kelly family has never stopped thinking of their son and brother. They believe he deserves justice and have fought for many years to have it so. Lewis ‘Buddy’ Kelly’s remains were exhumed this November, 36 years after his death. His body will be sent for forensic testing and his family will hopefully have some form of answers and justice.

Gomeroi man, Mark Haines was found dead on the train tracks of Tamworth, NSW, 4 years after Lewis Kelly died. This 17-year-old boy was found in the symbolic split of the town. One side of the town is of Aboriginal people and on the other side is a large majority of white people. The town has had racial issues that have left ramification dating back to the first European invasion. Mark Haines is another Aboriginal boy who was thought by Police to have laid down on the tracks on his way home one night and died by being hit by a train.

Mark was out with his friends, drinking and clubbing. He took his girlfriend home, then around 3:30am they said goodbye to each other. Mark was never seen alive again. The police’s theory is that Mark stole a vehicle that was found 1.5km away from his body. He crashed and abandoned the car, then walked 1.5km out bush to lay down the on the train tracks to die. To walk to the spot Mark was found he would have to balance on tracks to cross over a narrow bridge in pitch darkness. Before he laid down, Mark made sure he folded a towel to rest under his head before the suicide.

The assumption that Mark stole the car was made by police even though there were no eyewitnesses, they did not take fingerprints or DNA samples from the stolen vehicle. The police didn’t even search the stolen vehicle’s boot. The Uncles of Mark Haines searched the car and found dark stains on the carpet and spare tyre. One of Mark’s Uncle’s took the fabric to the police and they responded; it must be animal blood.

“I felt that he was put there by someone whilst he was dead, to try and make it look like he had committed suicide.” – Glen Bryant, first on scene.

The Assistant Station Master at West Tamworth, Glen Bryant, was the first to arrive on scene after a freight train driver called him. The driver said to Glen, it was too late, he had run over a body that was lying on the tracks as the emergency breaks didn’t stop in time. After many years within the industry, witnessing many fatalities, Glen, still recalls that horrific morning. He particularly remembers three precarious things about the crime scene. Firstly, the towel nicely folded under his head. Secondly, Mark’s shoes were completely clean even though it had been raining through the night and it was impossible to walk around the tracks without getting muddy. The strangest part for Glenn was the lack of blood. Even though he had been hit by a train, suffered a severe head injury and had multiple deep cuts, there wasn’t much blood.

Many people had theory’s that someone put Mark’s body there. A theory was he went joy riding with his friends and they lost control. Mark was hit his head which is consistent to his wounds (subdural hematoma) and in a panic the people in the car decided to move his body. Someone who felt remorse placed the towel under his head. The towel had DNA evidence that would have told who was last with Mark before he died. The white towel found under the deceased body of Mark Haines was somehow lost and no DNA could be taken.

“Very strange that a person would be on the track with a towel under his head. [It] had to be placed there by someone or something. There was no way the train contributed to his death” – Glen Bryant

A major reason that the Haines family did not agree with Police’s theory is due to Mark’s best friend continually mentioning to police that Mark could not drive a manual car which was the stolen the vehicle. As well as the lack of blood at the crime scene. His injuries are inconsistent with being hit by a train. And lastly the family are adamant that there was no reason for him to be out there.

Unfortunately for Mark and his family there is no new information that will help bring them closure or justice. Only rumours and hear say. The Australian Story details all different the theories and information that has arose throughout the investigation. A theory included, a close friend of Marks, Terry. Terry was out with Mark and other friends the night Mark died. He committed suicide 6 months after Mark’s death, claiming he couldn’t live with life. Later Terry’s little brother came forward saying he witness Terry put his jacket under Mark’s head that night on the train tracks. Another theory was of a local up and coming boxer, Eddie. It is claimed that Eddie was to give a warning to Mark as it was rumoured Mark wanted to steal marijuana from a local drug farm. Apparently, the warning went wrong, and he accidently killed Mark. Eddie has always strongly denied this.

“Back in them days, the police wasn’t so user friendly. They didn’t like their time and resources wasted on Aborigines, especially young Aboriginal men. Occupation of our land for 200 years and our boy laying there in the morgue for two weeks. We felt like no-one was interested.” – Uncle Duck - Mark's Uncle

On October 5th, 1995, Stephen Smith was found dead, lying on the train tracks, 2km north from where 17-year-old Mark Haines body was found. Stephen was out with his friends, drinking in a nearby Aboriginal community, Caroona. Stephen was given a lift by a friend to the neighbouring town of Quirindi around 1am. He was last seen alive at 1:25am trying to hitchhike on Hawthorn St, North Quirindi. Stephen lived 20km away in Werris Creek. Stephen’s childhood friend said to police that they would often hitchhike back and forth between the towns as there wasn’t any other way due to lack of public transport.

A local woman told police she had seen a man dragging his feet and waving his arms around seeming to hitchhike. Across the street were two men lighting cigarettes. Later another person on Hawthorn St, identified three men having a loud conversation. One of the three men were identified as Stephen but still to this day the other two men have not been identified.

The police are still looking for information to identify these men that were in Bell Park between the hours of 12:30am – 2am on the morning of 5th of October 1995.

The police ruled Stephen’s cause of death as being hit by a train. Stephen’s family 30 years on believe this is not true and their son and brother was murdered.

"There's no way he would have walked out there by himself in the dark, he wouldn't have even known where he was heading.” – Stephen Smith Sr.

He was last seen hitch hiking on a road that directly takes him home - 20km straight. If police are correct, Stephen walked 1.5km straight towards his home. Then he took a sharp turn off the main road onto a dirt path (pitch black with no streets light or torch) walking for 2km. He then walked a further 2km up the rail line. Stephen Smith’s body was found lying directly across it. This long journey was done by a young man who was seen earlier intoxicated and very fatigued.

A coronial inquiry was completed in February 1996 which ruled that Stephen was struck by a train. Since 1996, Police had not contacted the Smith family until February 2018 to announce they will be reinvestigating the case. This was instigated following a new review of the case from detectives. It is also because Stephen’s family never gave up on him and never stopped fighting for their rights to have a thorough investigation completed.

The police have mishandled evidence, conducted inefficient interviews and for some unknown reason never had an autopsy or forensic toxicology tests completed on victims found under strange circumstances. In the space of 13 years three teenage boys were found on train tracks, dead. Each person’s, Lewis, Mark and Stephen’s investigation concluded with them laying on the tracks and being hit by a train. I believe if the three victims were white, the police may have fought harder for justice and answers for the innocent victims and family.

Having white victims maybe the Police would have conducted themselves more professionally and maybe Stephen Smith’s family would have been contacted before 22 years after his death. Maybe police would have completed their jobs with more efficacy and care so that Lewis Kelly could have had the appropriate tests completed and answers on his mysterious death could have been found. Or maybe evidence wouldn’t go missing such in the case of Mark Haines. There have been so many wrongs through out Australian and Aboriginal History but this story of three vibrant, enthusiastic and innocent boys having been killed and knowing that their investigation were deliberately mishandled and misguided due to systemic racism and the fact that Lewis, Mark and Stephen were black Aboriginal men.

It is heart-breaking and no words can express the significance of their story. Lewis ‘Buddy’ Kelly, Mark Haines and Stephen Smith are proof that black lives are thought of as insignificant and inferior. It is proof that the justice system does not give an equal opportunity to Aboriginal People. Their story proves that three dead black boys don’t have basic human rights, don’t deserve an equal investigation and are just a number on a case file; quickly answered and quickly forgotten.

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