The Port Arthur cover

At the sentencing hearing for Martin Bryant Tasmanian DPP Damien Bugg QC told the Court the following:- Refer Court Transcript at Page 62--63

"There were two interesting observations made late in the morning and at about midday by two people who reside in the area, one Mr. Simmons, heard at about 11 a.m. two shots. He knew the Martins well and he knew on that day that it was Mr Martin’s birthday. Further down towards Port Arthur and near the boat ramp a Mr Doug McCutcheon heard a series of rapidly fired shots and his best estimate of the time of that was about twelve o’clock to twelve thirty. He estimated that the calibre of the rifle used was larger than .22. He has some experience with firearms and some sensitivity about it, being involved in the operation of a fish farm. He claimed that whenever gun shots went off in the district he was blamed for shooting seals. But he estimated that in that volley of shots there would have been six, at the most twelve shots. Later in the day he heard further shooting when Bryant was in Port Arthur. In that late morning how many shots were fired and precisely when is difficult to determine but these two residents heard shooting on that day in the pre-lunch period and the Crown case is that Bryant shot Mr. And Mrs. Martin at about that time."

What is wrong with this is that the claim that shots were heard by Mr. McCutcheon about 12.00 to 12.30pm is a lie. McCutcheon heard the shots between 10.00am and 11.00am. Refer McCutcheon Statement .

The question must be asked why did the DDP change this ? Was it to rule out any suggestion someone else killed the Martin's between 10am and 11am well before Martin Bryant arrived at Seascape ? It would appear so because right after this lie the DDP went on to say:

"Tourists to Tasmania at the time, Donald and Stephanie Gunn, had spent the night at “The Seascape”. They departed at about 11.15 to 11.20 a.m. and at that time David and Sally Martin were in residence, all the other guests had departed, the Gunns stayed chatting to Mr. & Mrs. Martin and then later when they departed they noted that both of the Martins were engaged in chores about “The Seascape”, so at about 11.20 a.m. the Crown case is that Mr. & Mrs. Martin were at the premises on their own. "

These 2 witnesses claim everything was fine at Seascape until around 11.15am when they left. But what needs explaining is the fact that the Gunn's do not mention the gunshots that the other 2 witnesses said occurred before 11.00am eminating from Seascape when they would have been there. This raises a question mark regards their presence at Seascape ( timing of their departure ).

The key point is NOBODY heard shots at Seascape between 11.45am and 12.40pm when the DPP alleged Martin Bryant was there and shot and killed the Martins. McCutcheon who was 500 metres away would have heard them but he says they occurred between 10am and 11am. It is unlikely McCutcheon could be 2 hours out in his timing. And witness Mr. A Simmons, who lived opposite Seascape and was watching the clock because he was waiting for a ride, also heard shots between 10.45am and 11.00am WELL BEFORE BRYANT ARRIVED. Refer Simmons Statement. ( The DDP alleged he arrived after 11.20am, yet other evidence indicates Bryant never got there until 12.20pm ).

If the only shots* fired that morning were just before 11.00am then it is a substantial alibi for Martin Bryant in respect of the allegation he killed the Martins of Seascape. These 2 witnesses statements are reinforced by the fact Martin Bryant was witnessed being up to 58 kilometres to the north of Seascape when the shots were heard.

This is because Bryant was witnessed at the Midway Point Newsagency between 10.30am and 11.00am. Refer Kessarios Statement . Another witness saw him around the same time frame ( 11am ) at the Shell Service Station at Forcett where Bryant spent 8 to 10 mintues having a cup of coffee. Refer King Statement. That would put Bryant leaving Forcett at 11.08am at the earliest. Shots had been heard at Seascape, 58km away, some 20 to 30 minutes earlier. Martin Bryant cannot be at 2 places at one time. NONE OF THIS WAS DISCLOSED TO THE COURT BY THE DPP.

It is further necessary to state this website believes it is in fact more likely the timing by the Gunn's is inncorrect. If they in fact left earlier than they said - at 10.15am to 10.20am - it would fit. There is however another question mark in relation to the Gunn's - namely that that the DPP told the Court they were "Tourists to Tasmania" when it fact they lived somewhere in North Hobart. The fact remains nobody living near to Seascape heard shots between 11.45am and 12.40pm.

It is also important to note while DDP Bugg told this whopper to the Court Martin Bryant's second lawyer, John Avery, the man who allegedly pursuaded him to plead guilty, sat back and did nothing to correct this false statement - or point out the true facts which give Martin Bryant an ALIBI in respect of the Martins' murders - and thereby also cast extreme doubt about what else went on that day at the Port Arthur Historic Site - namely that he acted alone.

Here we have not one but two pieces of critical evidence that gives Martin Bryant an alibi - one the timing of shots being heard much earlier and the other a failure to disclose Bryant whereabouts at that time - not being put to the Court. WHY ? This site calls on the Tasmanian DDP's Office and Bugg to explain why Mr McCutcheon's evidence was altered before the Court in such a manner as to remove any notion Martin Bryant was in fact elsewhere at the time events were occurring at Seascape.

This is a clear case of not only TAMPERING WITH EVIDENCE but also WITHHOLDING EVIDENCE that was clearly related to each other - the circumstances of which combined indicates a conspiracy by the DPP to pervert the course of justice because that evidence would have established Martin Bryant to be innocent.

Full credit should go to Andrew MacGregor for discovering the above irregularities in the evidence.