Derek Percy

Case details

Derek Ernest Percy was declared not guilty by reason of insanity in April 1970 and was sentenced to be detained at the Governor’s Pleasure. He died in prison on July 23, 2013.

Percy was linked to the murder of Yvonne Elizabeth Tuohy, who was abducted and killed on a Victorian beach in July 1969. Percy was also a suspect in multiple other unsolved child murders and disappearances discussed in later investigations and hearings.

Timeline

• January 1965 — Christine Sharrock and Marianne Schmidt, aged 15, were murdered at Wanda Beach, Sydney.
• January 11, 1965 — On Wanda Beach, the murders of Christine Sharrock and Marianne Schmidt occurred.
• January 26, 1966 — The Beaumont children (Jane, 9; Arnna, 7; Grant, 4) disappeared near Glenelg Beach, Adelaide, after catching the bus from Somerton Park to Glenelg Beach.
• January 1966 — “Wanda Beach” and Beaumont children crimes were discussed as part of a series of unsolved cases linked to Percy.
• September 1966 — Alan Geoffrey Redston, 6, was abducted and murdered in Canberra.
• September 27, 1966 — Allen Geoffrey Redston, 6, left his home in the Canberra suburb of Curtain to buy an ice-cream.
• September 28, 1966 — Allen Geoffrey Redston’s body was discovered concealed in reeds by a local creek.
• May 1968 — Simon Brook, 3, was murdered in Glebe, inner Sydney.
• March 9, 1968 — Percy was posted to HMAS Melbourne; the ship was in Cockatoo Dry Dock for a year-long refit.
• May 18, 1968 — Simon Brook, 3, went missing from the front yard of his family home in Alexandra Lane, Glebe.
• July 1, 1968 — Percy transferred to the troop ship HMAS Sydney (based in Melbourne).
• August 5, 1968 — Percy was on leave for 18 days from August 5.
• August 10, 1968 — Linda Stillwell, 7, was abducted from the St Kilda foreshore.
• August 5, 1968 — Percy went on 18 days’ leave from the navy.
• April 1, 1969 — Percy was stationed on the Cerberus.
• July 20, 1969 — Percy abducted Yvonne Tuohy from a spot near the beach in the Warneet area of South Gippsland.
• July 27, 1969 — Percy abducted and murdered Yvonne Tuohy from Ski Beach, Warneet; he was arrested later that day.
• April 1970 — Percy was committed to Ararat Hospital.
• April 1970 — Percy was declared not guilty by reason of insanity and sentenced to be detained at the Governor’s Pleasure.
• September 1971 — A search of Percy’s cell found blueprints of planned sex crimes along with pictures of children, obscene notes and charts showing abduction plots.
• 1984 — Dr Stephens wrote that Percy was “a highly dangerous, sadistic pedophile who should never be released from safe custody” and that he was “not certifiable, neither is he psychiatrically treatable and he is totally unsuited to a mental institution.”
• 1998 — Percy’s case was announced as to be reviewed by the Victorian Supreme Court.
• 30 September 1998 — Justice Geoffrey Eames refused to set a minimum sentence or a release date for Percy.
• March 2004 — Percy applied to be transferred from Ararat Jail to Thomas Embling psychiatric hospital; his application was turned down by Justice Murray Kellam.
• January 2004 — Senior Detective Wayne Newman began investigating evidence linking Percy to unsolved cases; the investigation involved police from four forces and was described as codenamed “Heats.”
• February 2005 — Robert Doyle sought to make political capital out of Percy’s case in the Victorian parliament.
• 2 February 2005 — Detectives from Victoria, South Australia, New South Wales and the Australian Federal Police applied for permission to interview Percy about the Beaumont children disappearance; permission was granted in a secret hearing at Melbourne Magistrates Court.
• March 2004 — A challenge over transfer to Thomas Embling was decided by Justice Murray Kellam.
• 2000 — Shane Spiller applied for crimes compensation and was awarded $5000.
• 2002 — Shane Spiller disappeared in late August; there was discussion that his fear may have driven him to flee or possibly suicide.
• 19 May 2005? — (No dated event stated in the source here; inquest timing around December 2005 is listed elsewhere.)
• 20 November 2005 — It was announced that Percy would be subpoenaed to give evidence at a new inquest into the unsolved 1968 murder of Simon Brook.
• 9 December 2005 — Percy was flown to Sydney under tight security.
• 12 December 2005 — The inquest into Simon Brook was scheduled to begin at the Glebe Coroner’s Court.
• 13 December 2005 — The inquest opened again and detailed accounts of the murders of both Yvonne Tuohy and Simon Brook were given to the coroner.
• July 23, 2013 — Percy died in prison.

Background

Derek Ernest Percy was born in Strathfield, New South Wales on September 15, 1948.

The family moved during his childhood. The material described:

• 1956 — Family moved to Chelsea.
• 1958 — Percy’s family moved to Warrnambool.
• 1961 — Percy moved to Mount Beauty.
• 1964 — Percy was seen slashing women’s clothing and was a suspect for “snow dropping.”
• In 1965, Percy’s school grades plummeted and he failed year 11.
• In 1966, Percy moved to Khancoban and was described as sexually assaulting a six-year-old daughter of a neighbour while luring her into his family’s caravan.

His eldest son, Derek, was nine when they moved to Warrnambool, and Derek shared sailing with his father. The material stated that Percy junior earned pocket money working in tobacco fields, bought a second-hand red bike with racing “ram’s horn” handlebars, and carried a sharp knife everywhere.

The material also described Percy senior’s background and the family’s caravan travels to yachting competitions in a V8 Studebaker.

The offence: murder and abduction of Yvonne Elizabeth Tuohy

Victim and location

Yvonne Elizabeth Tuohy was 12 years old when she was abducted from a beach in Warneet, in Westernport Bay, Victoria, in one day in July 1969. The material described the abduction as occurring near “Ski Beach, Warneet” and also referenced Warneet Beach.

Her friend, Shane Spiller, was 11 years old at the time and was talking with her on the beach.

Percy was described as a 21-year-old naval rating at the time of the abduction and murder.

Attack and abduction

Percy seized Tuohy and put a knife to her throat.

The material said Percy would probably have abducted Shane Spiller as well, but Spiller was carrying a tomahawk which he waved to stop Percy approaching him.

Percy abducted Tuohy and drove off with her.

The description led police to HMAS Cerberus, from where Percy was on weekend leave.

Discovery of Tuohy’s body

Percy was taken through a process in reverse by Detective Sergeant Richard Knight to reveal where he had put Tuohy’s body.

The body was found 10km from the beach.

Investigation

Percy was arrested after police found him within three hours of the murder and caught him “red handed.” The material said he was washing the blood from his clothes.

After the abduction and murder, there was later speculation described as Percy having committed the crime in a frenzy and shutting it out of his memory.

Detective Sergeant Richard Knight conducted the process to allow Percy to reveal where the body was.

A prison officer later described Percy’s prison conduct and personality as well as his interests.

Arrest and questioning

Arrest and identification by the witness

Spiller identified Percy from a lineup at Russell Street (police station). The material said Spiller had to walk up and point right at Percy’s nose and could still remember the look.

Percy’s own statements as recorded

Multiple passages in the material stated Percy:

• admitted he had driven past the location where Simon Brook’s body was found, on the day of the murder;
• admitted he was in St Kilda on the day Linda Stillwell disappeared;
• made no admissions and said he couldn’t remember anything during interrogation about some cases in 2005;
• said about Linda Stillwell: “Possibly, I don’t remember a thing about it” and: “I drove through St Kilda that day”;
• said about Simon Brook: “I could have” and “I wish I could. I might have. I just don’t remember.”

The material also included a report that Percy hoped that participation in a program might give him a chance at possible parole.

Trial and mental state adjudication

Percy was charged with murder for the Tuohy killing and pleaded insanity.

Verdict and commitment

The material stated:

• Percy was found to be criminally insane.
• He was sentenced to be detained at the Governor’s Pleasure.
• He was committed to Ararat Hospital in April 1970.

Quotes and statements in the material about his mental state

Justice Geoffrey Eames made remarks at a hearing in 1998 including:

“He has demonstrated no significant remorse or anxiety, at least none which I find credible, as to the circumstances which caused him to kill.”

Eames also said Percy had never been treated for his sadistic paedophilia and nor had he sought treatment.

A report described Percy’s personality and fantasies. The material quoted:

“Derek hopes that participation in the program might give him a chance at possible parole”.

The leaked report also stated:

“Mr Percy does not suffer from a mental illness and is not detainable under the Mental Health Act. He does have a personality disorder and his ability to experience human emotions is severely restricted. The most serious aspect of his personality is his sadistic fantasy life which revolves around children, their torture and mutilation. He has no motivation to curb or control the deviant sexual fantasies. I would be pessimistic about his ability to respond to any form of treatment. Mr Percy is not suitable for transfer to hospital (Thomas Embling) even though he was found not guilty by reason of insanity.”

The material also included a quote attributed to a psychiatrist writing in 1984:

“a highly dangerous, sadistic pedophile who should never be released from safe custody”.

And:

“he is not certifiable, neither is he psychiatrically treatable and he is totally unsuited to a mental institution.”

A police source quoted in the material said:

“He's intelligent, cunning and pure evil. There is no way he is mad.”

A report warned:

“If Percy is ever so transferred, he will, in all probability, earn some degree of freedom as the result of reasonable and conforming behaviour. The consequences of such freedom could well prove tragic.”

Sentencing and detention

Percy received a sentence of detention at the Governor’s Pleasure after being declared not guilty by reason of insanity.

He remained imprisoned because he was considered too dangerous to be released.

The material described his detention status across time, including continued imprisonment in Ararat Prison and later in a secure ward where he died.

Appeals and review hearings

1998 Victorian Supreme Court review

In 1998, Percy’s case was to be reviewed by the Victorian Supreme Court due to new rules for prisoners serving indefinite jail terms under “at the Governor’s pleasure.”

The material stated that Percy’s case was heard by a Supreme Court judge, Geoffrey Eames.

On 30 September 1998, Eames refused to set a minimum sentence or a release date.

2004 transfer application

In March 2004, Percy applied to be transferred from Ararat Jail to Thomas Embling psychiatric hospital.

The application was turned down by Justice Murray Kellam, who said he was not convinced Percy did not still have dangerous sexual fantasies about killing children.

After 2004 program participation and further concerns

The material stated that Percy began a one-to-one sex offenders’ program in June 2004.

A leaked report described his expectations for parole and his continued sadistic fantasies revolving around children.

Other investigations and suspected offences

The material discussed that police suspected Percy had committed other murders based on:

• police notebooks found in Percy’s locker at HMAS Cerberus detailing ways of abducting children and mistreating them;
• the defence psychiatrist, Dr Whittaker, who was of the opinion that Percy had likely killed other children;
• comparisons between other unsolved cases and details in Percy’s writings.

The suspected cases listed in the material were:

• the abduction and disappearance of the Beaumont children;
• the Wanda Beach murders of Christine Sharrock and Marianne Schmidt (aged 16 in one passage, and also described elsewhere as aged 15);
• the murder of Simon Brook (aged three) in Glebe, inner Sydney;
• the disappearance of Linda Stillwell (aged eight in one passage, and also described elsewhere as aged seven);
• the murder of Alan Redston (aged six) in Canberra.

The material also described a legal issue affecting evidence collection:

• police could take DNA samples from convicted prisoners, but Percy was never convicted because he was found not guilty by reason of insanity, so police could not take his DNA.

A suggestion in March 2004 in the Victorian parliament was that the legal loophole be eliminated to allow DNA samples from people like Percy. The Attorney-General, Rob Hulls, said in May 2004 he would consider making this change, but the legislation had still not been passed as of February 2005.

Witness: Shane Spiller and compensation

Shane Spiller remained afraid of Percy and later said he hoped people did not forget what Percy was like and what he had done.

Spiller said he believed Percy would never be released and described the lineup identification:

“I was promised back then that he would never get out. I hope people don't forget what he was like and what he did. They always thought he'd killed others but they weren't able to prove it.”

He also described having to pick Percy in the lineup:

“What happened stuffed me . . . In the line-up at Russell Street (police station), I had to pick him. I had to walk up and point right at his nose. The look he gave me. I can still remember it. The trauma of having to walk up to Percy must have been immense.”

Spiller applied for crimes compensation in 2000, 31 years after Yvonne Tuohy was murdered, and was awarded $5000. On appeal to VCAT he received $50,000, the maximum award under the compensation system.

In late August 2002, Spiller disappeared from Wyndham, a town in south-east New South Wales. Police investigated and discovered his 4WD vehicle was still parked in front of his house. The material stated it was possible he fled or killed himself due to fear, and also stated police sources believed he was murdered for his compensation payout.

The material included quotes from a resident who said:

“He was always saying someone was after him. No one knows what happened to him.”

It also included a quote attributed to publican Bernadette Godfrey:

“He was really scared. He told me that one day he might just take off.”

2005 attempt to question Percy over other child cases

Permission to interview and interrogation details

On 2 February 2005, detectives from Victoria, South Australia, New South Wales and the Australian Federal Police applied for permission to interview Percy over the Beaumont children disappearance based on new information. In a secret hearing at Melbourne Magistrates Court, permission was granted.

Police questioned Percy for nine hours but he said he couldn’t remember anything and made no admissions. The material said he was driven to the city watchhouse and returned to Ararat Prison the next day.

Police commissioner remarks

The Victorian police commissioner, Christine Nixon, commented:

“I think that what we are doing is simply at the very preliminary stages. When we've got some more information, when in fact the investigators have had a chance to talk with this individual, then we'll certainly make more information available as we can. These are very difficult issues and areas. They're old cases, the family's involved. You don't really want to raise their expectations until we're a lot clearer. We clearly have information, and that information will be put and when we've got further to say about the matter, we will.”

New information

The material stated the new information police had included Percy’s own admission that he had been in St Kilda on the day Linda Stillwell vanished.

Percy was removed from Ararat Prison to the Victorian police homicide offices in St Kilda Road to be questioned.

Inquest into Simon Brook’s 1968 murder (2005)

Inquest and participants

The material stated:

• On 20 November 2005, it was announced Percy would be subpoenaed for a new inquest into the unsolved 1968 murder of Simon Brook.
• Percy was flown to Sydney on 9 December.
• The inquest was conducted by the New South Wales coroner Mr John Abernethy and scheduled to begin at the Glebe Coroner’s Court on 12 December and was expected to run for two days.
• The inquest was adjourned after it opened to allow Percy’s legal team time to talk to their client.

When the inquest opened again on 13 December, detailed accounts of the murders of both Yvonne Tuohy and Simon Brook were given to the coroner.

Counsel assisting the coroner and coroner’s findings on similarity

Peter Zahra, SC, said the cases had “striking similarities”:

“striking similarities”.

Mr Abernethy agreed, stating:

“substantially and relevantly similar”
and “the circumstances in which they occurred are, again, substantially similar.”

Detective and police statements at the inquest

Detective Sergeant Adam Barwick said 300 suspects had been eliminated from the original enquiry.

Barwick also said he could not find anything in the case file that said Percy had been ruled out as a suspect.

Barwick informed the coroner:

“It's my opinion that Derek Ernest Percy is responsible for the murder of Simon Brook.”

A statement from a Victorian policeman was also heard by the coroner. The policeman had known Percy since school.

The policeman said that in 2004 he had spoken with Percy about the murder and that Percy admitted driving past the site where Simon Brook’s body had been found on the day Simon Brook was murdered. The material noted that the body had not been discovered until the next day.

Detective Sergeant Adrian Paterson, a police identification expert, pointed out similarities between photographs taken of Percy in the 1990s and an identikit picture of a man seen walking with Simon Brook shortly before the murder.

Forensic evidence and clothing incineration

The material said police refused to confirm or deny whether there was DNA evidence.

Sergeant Barwick told the coroner’s court that all of the clothing had been incinerated in 1988.

Defence counsel and coroner outcome

Percy’s barrister, Nathan Steel, said:

“there was no more evidence against Percy than there had been in 1969. He said that the evidence was all circumstantial and there was no physical evidence linking Percy to the crime.”

The coroner said:

• there was a reasonable prospect “that a jury would convict a known person in relation to the offence.”
• he terminated the inquest after just one day and referred the case to the Department for Public Prosections.

Professor Donald Brook’s statements

Professor Donald Brook said:

“It is in the public interest that the facts should be established . . . even after such a long time. This is partly because it encourages trust in the police and in the judicial process. It is also partly because, assuming that the facts can be reliably established, it may become possible to make sure that no other child will ever suffer the same fate, at the same hands.”

Outside the inquest, he said:

“If it is possible to find out who did this and make quite sure it's not possible for this person to do the same thing again ... then that will be very much in the public interest.”

He added:

“Grief is something everybody has ... and I don't think ours is a matter of concern to anybody, so much as the knowledge that the police do their work and the judicial process grinds on, irrespective of time.”

Evidence later revealed

The material stated it was revealed publicly for the first time that it was Percy himself who had told police he had been in St Kilda on the day in 1968 that Linda Stillwell vanished.

Another document tended in evidence contained a statement by a NSW police officer expressing doubts about Percy’s willingness to cooperate and quoting:

“Percy stated that he one day hoped to be released from jail ... I believe that Percy will never make admissions to any offence while he still holds out hope of being released from jail.”

Specific suspected cases described in the material

Beaumont children disappearance (Adelaide)

The material described:

• Jane (9), Arnna (7) and Grant (4) caught the bus from their Somerton Park home to Glenelg Beach, Adelaide about 9.45am on 26 January 1966.
• Their mother, Nancy, expected them home about midday.
• A friend of Jane’s saw them sitting near the Holdfast Bay Sailing Club about 11am.
• At 11.45am the children bought a pie and two pasties from a bakery in Jetty Road.
• The man almost certainly gave them cash for the food and they paid with a £1 note.
• They were never seen again.

The material also provided:

• a suspect description: in his 30s; light brown short swept-back hair parted on the left side; thin face; clean-shaven; suntanned; wearing blue bathers with a white stripe down the side.
• Percy was described as 17 at the time and could have been mistaken as older.

Percy’s later statements and positions were also included:

• Percy’s writings showed he planned to give food to victims before kidnapping and killing them.
• Percy had told police in 2005 he was in Adelaide but “I don't know” when asked if he was there when the Beaumonts went missing.
• He answered “I don't know” about Adelaide and the material stated questions about whether he was blocking out thoughts.

The material also described Detective Sergeant Brian Swan’s view that Percy remained “a person of interest in the disappearance of the Beaumont children.”

Wanda Beach murders (Christine Sharrock and Marianne Schmidt)

The material stated Christine Sharrock and Marianne Schmidt were murdered on Wanda Beach, Sydney, and described that their mutilated bodies were found the next day partially buried near a sand dune. The material said:

• the girls’ bodies were partially buried near a sand dune;
• the crotch area of one of the girls’ bathers had been cut.

The material described the youth seen by witnesses as carrying a knife in a sheath and a spear, and said the girls’ encounter involved a fair-haired youth.

The material also stated that Percy had been rumoured as a thief in late 1964 and that Mount Beauty locals had seen resemblance to identikit descriptions.

Murder of Simon Brook (Glebe, Sydney)

The material described Simon Brook, 3:

• going missing from the front yard of his family home in Alexandra Lane, Glebe on 18 May 1968 (and elsewhere described as on 18 May 1968 and 19 May 1968 as the day body was found);
• his body found behind a building site about 350 metres from the Brooks’ home;
• injuries included described “signature injuries similar to those inflicted on Yvonne Tuohy” and two Gillette razor blades likely used in the attack;
• a diary passage described abducting and killing a three-year-old (“baby”) and injuries inflicted on Simon Brook.

The material quoted or attributed the following exchange in relation to Simon Brook:

• Percy's statement to Detective:

“I could have”.

• When Percy was questioned by a young policeman:

“I wish I could. I might have. I just don't remember.”

Disappearance of Linda Stillwell (St Kilda foreshore)

The material described:

• Linda Stillwell, 7 or 8 depending on the passage, as abducted from the St Kilda foreshore on Saturday, August 10, 1968.
• Her mother told her to go find her brother and sister for lunch; she went to the St Kilda pier and Little Luna Park with other children and a brother later returned saying she had gone to Little Luna Park to “look at the rifles” with some boys.
• The mother rang police and police were told that two boys had been to collect fishing rods with no sign of the little girl.
• A later woman reported seeing a girl matching Linda’s description rolling down a grassy hill near the Lower Esplanade and a man near her.
• The witness described the man’s appearance as an olive complexion, thin features, dark clothing and a deep navy blue, almost black spray jacket similar to one worn when sailing.

The material stated Percy was on leave for 18 days from August 5 and that he had transferred to HMAS Sydney, based in Melbourne.

After Percy’s arrest, the woman witness said she saw the picture and recognised Percy’s dark spray jacket.

Percy’s conversation with his policeman friend was described as:

“Possibly, I don't remember a thing about it.”

And about his presence:

The material also stated that Percy had been asked if he was the killer and said:

The material stated Percy admitted to police that he had been in St Kilda on the day she disappeared.

Murder of Alan Redston (Canberra)

The material described:

• On September 27, 1966, Allen Geoffrey Redston, 6, left his home in Curtain to buy an ice-cream.
• The following day his body was found concealed in reeds by a local creek.
• His body was hog-tied and plastic was wrapped around his throat.
• There were reports of a fair-haired teenager forcing boys to the ground and tying them up and placing plastic over their heads in an apparent attempt to asphyxiate them.
• The identikit closely resembled Percy and the suspect rode a distinctive red pushbike with “ram's horn” handlebars.

The material stated Percy’s writings detailed using plastic and plans to tie up and asphyxiate victims and that both Redston and Tuohy were tied and gagged when their bodies were found.

Prison conduct and alleged influence on later investigations

Percy was described as appearing settled in prison and as being a chess champion, a stamp collector, and one of the best tennis players in the division, according to a prison officer.

He worked in the printing industry in Ararat prison for 11 years, set up databases, and allocated jobs to prisons, and was described as a model prisoner.

He received no visitors and kept himself to himself, with the prison officer also saying:

“He's highly intelligent but you could never get a handle on his real feelings.”

The prison officer also said:

“He's our Hannibal Lecter.”

The material described further prison storage of diaries and documents. It stated that Percy managed to collect and transfer material from jail into a private collection and hid writings and clippings by sending them out of prison.

A search in September 1971 found elaborate blueprints of planned sex crimes with pictures of children, obscene notes and charts showing abduction plots.

Later police also found thousands of documents hidden in a self-storage warehouse in South Melbourne, including diaries, files, clippings and handwritten stories.

The material described that a razor-blade kit similar to blades used to mutilate a victim was among items seized, and police found a pornographic lesbian cartoon on which Percy had written the word “Wanda” across the top.

It also stated police found a 1978 street directory with a line drawn through the St Kilda Pier where Linda Stillwell was abducted.

Political and administrative remarks in the material

The material stated Robert Doyle sought to make political capital out of Percy’s case and said:

“Hannibal Lector” laws

and:

“There should not be any chance at all that Percy can get out. And we will introduce laws which provide for 'life lock-up' of special case prisoners who are beyond help or redemption.”

The Attorney-General Rob Hulls gave assurances that Percy would not be released while he was a danger to the community, stating:

“This state has laws to imprison people for serious violent, sexual and drug crimes for an indefinite period of time,”

The material also described police and legal system discussions about DNA testing and legislative changes as of February 2005 not yet being passed.

Events relating to Percy’s death and subsequent legal process

In 2013, after Percy died in prison, the material stated:

• a justice department spokesman confirmed a 64-year-old man had died at 2am;
• Corrections Victoria stated the death would be examined by the coroner as is the case with all inmate deaths and that the death was not considered suspicious;
• Coroner Iain West made an interim finding in 2009 that Percy was in the area on the day Linda disappeared, but the inquest was adjourned after concerns about the reliability of Percy’s evidence given his mental state at the time of the abduction.

The material also stated that Linda Stillwell’s mother, Jean Priest, took the fight to Victoria’s highest court, which ruled in her favour and ordered the inquest be reconvened, expected later that year. It further stated the inquest was then thrown into doubt when Percy was sent to hospital in a terminal condition earlier in the month of his death.

The material described Percy as having been found not guilty on insanity grounds of the 1969 murder of Yvonne Tuohy, 12, and detained ever since.

Outcomes and legal status

Percy was declared not guilty by reason of insanity for the murder of Yvonne Tuohy.

He was sentenced to be detained at the Governor’s Pleasure and remained incarcerated indefinitely.

In 2005, the Simon Brook inquest was terminated after one day, and the case was referred to the Department for Public Prosecutions.

In addition, the material included that Percy refused to give evidence on grounds of self-incrimination at the Simon Brook inquest described elsewhere in the material.

Other details

Prisoner characteristics and claims about wealth and pension

The material stated Percy had received a navy pension since his discharge from the navy, and:

• he was described as having nearly $200,000 in the bank;
• one passage described his pension total as about $177,000 from a government-funded naval pension and said he earned almost $200 a fortnight;
• he was described as one of the richest inmates in prison.

The material also stated Police Minister Tim Holding called on Percy to give pension cheques to the families of victims, and Noel McNamara called for cuts to the pension. No change to legal status was described in those passages.

Court and coroner dates and referenced proceedings

The material described:

• an attempt by Percy in 1998 to have a minimum term set which was rejected by Justice Geoff Eames;
• a March 2004 application to transfer to Thomas Embling which was turned down by Justice Murray Kellam.

Charges not recorded beyond insanity verdict

The material stated Percy was arrested and imprisoned and that he was never convicted, having been found not guilty by reason of insanity, and that he was never charged with any other crime.

The material also stated that the inquest into Simon Brook included discussion of whether charges might still be laid.

Attempted abduction of a 12-year-old girl

The material included a timeline item stating “1969, APRIL 1 Stationed on the Cerberus. 1969 Attempted abduction of a 12-year-old girl on a bike near the Cerberus base. Victim later identifies Percy as the attacker.”

Corroborating details about diaries and writings

The material described diaries and writings found at HMAS Cerberus and in Percy’s cell after his sentencing, including references to abducting and killing children and specific injury descriptions.

In one excerpt, Percy wrote he would force one of his victims to drink beer, and autopsy results showed Mary Sharrock had a blood alcohol reading equivalent to drinking about 300 millilitres of beer.

Additional disputes and views

The material described different opinions:

• the report leaked to The Herald Sun stated Percy did not suffer from a mental illness and described severe restriction of emotions and sadistic fantasy life involving children;
• other psychiatrists and forensic specialists were quoted or described as saying he should not be removed and was highly dangerous.

The material also described that Percy hoped for release and made no admissions in questioning, while other parties stated he might not be cooperative because he wished for possible release.

Verbatim quotations

“He was the chess champion, a stamp collector and one of the best tennis players in the division.”