The father of an Australian woman murdered in Mozambique has accused a government watchdog of dismissing his allegations that the Australian Federal Police (AFP) covered up aspects of the case.
Paul Warren began a private investigation into the death of his 20-year-old daughter, Elly, after her body was discovered at Tofo Beach, Mozambique, at about 5am on November 9, 2016.
Elly, a passionate environmentalist, had been visiting the area on a scuba-diving trip. She was due to return to Australia in four days and had gone to a bar with friends the night before her death.
A local fisherman found her body facedown near a toilet block at about dawn the following morning.
The murder remains unsolved, despite Mr Warren’s extensive investigation, which he says uncovered an alleged cover-up by authorities in both Mozambique and Australia.
Mr Warren wrote to the AFP Commissioner on May 27, 2024, after State Coroner John Cain said concerns about the police force’s conduct ‘may be a matter that you deal with directly with the AFP by way of complaint’.
According to Mr Warren, the Commissioner’s Office replied the following day, saying the issues he had raised ‘will be considered and a response will be forthcoming’.
The AFP later told him that his emails did not constitute complaints.
Paul Warren began a private investigation into the death of his 20-year-old daughter Elly after she was found at Tofo Beach, Mozambique, at about 5am on November 9, 2016
More than two years ago, Mr Warren first brought his concerns about the investigation to the Commonwealth Ombudsman.
On May 14 this year, the Ombudsman upheld its decision to close the matter, saying the AFP’s position was ‘reasonable in the circumstance’.
The Ombudsman also said the AFP’s Professional Standards team had not received a complaint from Mr Warren.
Mr Warren says he has received no further update since June, when he was told his additional material had been sent for review.
He has now filed a fresh submission with the Ombudsman’s Review Manager, arguing that the watchdog placed too much emphasis on how the AFP classified his correspondence instead of examining the substance of what he had written.
He said the Ombudsman had failed to explain how section 40SA of the AFP Act—which covers information raising concerns about AFP conduct or practices—was applied to his report.
‘This is not simply a disagreement about whether my correspondence was formally classified as a complaint,’ he wrote in the submission.
Mr Warren’s report raised specific questions about why an AFP liaison officer’s statement to the coroner included a blurred crime scene photograph rather than a clear image. He says the clearer photograph showed Elly’s top torn from her right shoulder down her torso.
Paul Warren has accused a government watchdog of overlooking his claims that the Australian Federal Police covered up aspects of the investigation into his daughter Elly’s murder (pictured together)
A local fisherman discovered Elly Warren’s body facedown near a toilet block at about dawn
He also questioned the late production of an AFP action sheet, which he said was provided only after a coroner asked whether the police force had kept notes.
Mr Warren further claimed a report from a Mozambique prosecutor, which he said the AFP’s own summary indicated it obtained in 2016, did not appear in the coronial brief.
He also asked why a formal government-to-government mutual assistance request was never sent to Mozambique, and why Elly’s clothing, which he said was kept at Maputo Central Hospital, was not collected before it was incinerated.
A Mozambique autopsy found her death was a homicide, caused by suffocation on sand.
The Australian coroner’s final findings included the possibility that an unknown person or persons caused or contributed to Elly’s death.
But the cause of death was changed, after about seven years, to aspiration of a large amount of sand, with the reference to homicide removed.
Mr Warren stressed he was not asking the Ombudsman to determine who was responsible for his daughter’s death, overturn the coroner’s findings or conduct a criminal investigation.
Instead he has called for a reasoned written outcome explaining how his report was handled.
He also cites the Ombudsman’s own 2023-24 report on AFP complaint handling, which he said identified recurring problems with how complaints were identified and categorised, and which made 19 recommendations.
Paul Warren has published a book about his long, hard road in the pursuit of justice for his daughter
‘Elly’s family should not have to experience these circumstances without meaningful answers,’ Mr Warren said.
He said he wanted other Australian families whose loved ones died in suspicious circumstances overseas to be able to raise evidence-based concerns and have them properly considered.
The Commonwealth Ombudsman refused to answer a series of questions due to ‘privacy obligations’.
‘While we aim to complete reviews within 2 months of a request being received, the nature and complexity of the review does impact timeframes, as does the level of our overall workload at the time,’ a spokesman stated.
‘We triage and prioritise all reviews we receive and may prioritise reviews where there is an imminent risk of harm (to the complainant or others), homelessness or risk of homelessness or other significant impacts or vulnerabilities.
‘While we appreciate Mr Warren’s concerns, his review request was triaged in accordance with our policies.’
The AFP told the Daily Mail the investigation into Elly’s death came under the jurisdiction of Mozambique authorities.
‘The AFP’s investigative actions in Australia and via our international network in this matter were carried out in support of the Victorian State Coroner,’ a spokesman said.
Paul Warren at the 2023 inquest into the death of his daughter
‘The AFP through our senior liaison officer has continued to engage Mozambique authorities regularly since Elly Warren’s death in 2016, including offering significant levels of support to Mozambique authorities via on-site meetings and regular communications.
‘This matter has been heard before the Coroner and the findings have been published – please refer to these findings for further information on this matter.’
Mr Warren has published a book, Hunting Elly’s Killer, about his exhaustive efforts to get justice for his daughter.
For the full story about that quest, listen to the Daily Mail’s The Trial Australia podcast, buy the book or visit Ellywarren.net.
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