Bruce Burrell

Case overview

Bruce Allan Burrell was an Australian convicted double murderer who was sentenced for the kidnapping and murder of Kerry Whelan and for the murder of Dorothy Davis. Whelan was last seen getting into a Pajero four-wheel-drive with Burrell at the Parkroyal Hotel in Parramatta during May 1997, and Whelan’s body was never found. Davis was last seen leaving her apartment in Lurline Bay on 30 May 1995 to visit Burrell’s wife, and Davis was never found.

Burrell was granted the right to have his murder conviction reheard on 31 July 2008.

Timeline

• May 30, 1995 — Dorothy Davis left her apartment in Lurline Bay; she was never seen again.
• May 6, 1997 — Kerry Patricia Whelan was last seen at the Parkroyal Hotel in Parramatta; her body was never found.
• April 1997 — Burrell’s father and his family described a plan involving Burrell visiting Mr Whelan’s residence.
• August 9, 2006 — Burrell was sentenced to life imprisonment for the kidnapping and murder of Kerry Whelan.
• February 8, 2008 — Burrell was sentenced to 28 years in prison for Dorothy Davis’s murder.

Background

Bruce Allan Burrell was born on 25 January 1953. Before September 1992, he worked as an advertising executive. In 1985, he married Dallas Bromley; Dallas Bromley and her parents were close friends of Dorothy Davis. Dorothy Davis had known Dallas since Dallas was a child and regarded her with special affection. Dorothy Davis’s late husband had died in December 1984, leaving her with substantial assets.

In 1988, Burrell, Dallas, and Dallas’s parents purchased a 500-acre farm known as “Hillydale” at Bungonia. The farm was adjacent to a national park in a remote area, three hours’ drive from Sydney, with access requiring travel on unsealed roads.

After Burrell’s marriage, he and his wife lived in a unit in Marine Parade, Lurline Bay. In November 1993, Burrell left a note for the owner of a house at 34 Marine Parade indicating his interest in purchasing the property. The house was on the corner of Wilson Street and Marine Parade, facing the ocean. Wilson Street was the next street to Undine Street where Dorothy Davis lived, about a ten-minute walk away. The owner invited Burrell and Dallas around for discussion, but was not interested in selling at the time.

In January 1994, Dallas was diagnosed with cancer and began treatment including chemotherapy, continuing until August 1994.

On Friday 8 July 1994, Dorothy Davis wrote a cheque for $500,000 in favour of Burrell. The balance in her account at that time was $114,000. The following Monday, the bank manager telephoned Dorothy Davis and drew her attention to the shortfall. Dorothy Davis explained that the cheque was “a short term loan to a friend” and gave instructions to stop the cheque. The bank manager made a diary note of their conversation.

On 12 August 1994, Dorothy Davis wrote a further cheque in favour of Burrell for $100,000. Burrell deposited the cheque the same day in his account, telling the bank manager that the funds were to be used as a deposit on a property near Burrell’s home. On 20 August 1994, Burrell, by arrangement, withdrew $90,000 in cash from his account, again speaking to the bank manager and suggesting the money was to be used in connection with the purchase of a house.

The offence

Murder of Kerry Whelan (1997)

Kerry Patricia Whelan was a 39-year-old mother of three. She was last seen getting into a Pajero four-wheel-drive with Burrell at the Parkroyal Hotel in Parramatta during May 1997. Whelan’s body was never found.

The evidence relevant to the kidnapping and murder included details about the Parkroyal Hotel security cameras and the movements on 6 May 1997. Mrs Whelan was observed on security camera footage entering the underground car park of the Parkroyal Hotel in Phillip Street, Parramatta at 9.35 am and exiting the ramp at 9.38:03 and 9.38:08, with her path up the ramp on the right-hand side adjacent to the right kerb. A video showed a two-tone Pajero vehicle pulling out from the kerb lane just to the west of the car park ramp and proceeding in an easterly direction down Phillip Street. The Crown case relied on the inference that Whelan entered the vehicle outside the hotel, with an indistinct passenger visible in the front seat.

The jury found Burrell guilty of kidnapping and murdering Kerry Patricia Whelan.

Burrell was originally charged with the crime in 1999. Charges were dropped and then reinstated three years later after an inquest into Mrs Whelan’s death.

Murder of Dorothy Davis (1995)

Dorothy Davis was a 74-year-old grandmother living in Lurline Bay. On 30 May 1995, Davis left her home at 9 Undine Street, Lurline Bay on foot shortly after 1.00 pm to visit a friend. She was never seen again and her body was never found. The walk involved her moving downhill from Undine Street to 34 Marine Parade, with the return journey involving walking up a steep hill; she had medical difficulties walking up hills.

Burrell was charged with Dorothy Davis’s murder and later found guilty by a jury. In September 2007, Burrell was found guilty of murdering Mrs Davis on 30 May 1995.

Investigation

After Dorothy Davis disappeared, Burrell was charged with her murder on 1 November 2002, and he pleaded not guilty.

For Kerry Whelan, the Crown case against Burrell was entirely circumstantial. The police conducted a massive search lasting five days of Burrell’s property “Hillydale” starting 21 May 1997. No trace of Mrs Whelan was found, and subsequent searches also failed to reveal any trace of her.

The police also examined two motor vehicles found at Burrell’s property: a dark green 2-door Pajero 4WD and a Jaguar in which Burrell had turned up at Kurrajong on 16 April 1997. The evidence was that the Pajero was dusty and dirty inside and contained a large number of hairs, but no relevant evidence was found linking Burrell to Whelan.

Police found an almost empty bottle of chloroform in a locked gun cabinet located in a walk-in wardrobe. Burrell had alleged it was obtained to remove a stain on an enamel heater. Dallas Bromley confirmed a staining but denied seeing chloroform or speaking with Burrell about it.

Police found a UBD street directory in the Jaguar in Burrell’s possession. Two pages (maps 51 and 61) covering the area between Phillip Street, Parramatta and Crown Equipment’s premises at Smithfield had the Parkroyal Hotel location highlighted, with the address written in highlighter pen and the route from the Parkroyal Hotel towards Crown Equipment highlighted as far as an intersection at Warren Road and Long Street.

Police also found two “dot point” notes in Burrell’s handwriting and a Canon QS100 typewriter.

Arrest and custody

Burrell was arrested and charged with kidnapping and murder on 1 April 1999 in connection with Kerry Whelan.

After the June 2006 guilty verdict in the Kerry Whelan trial, he did not apply for bail and bail was formally refused by Justice Barr, remanding him in custody for sentencing on June 23.

Trial

Kerry Whelan trial

The trial for kidnapping and murder of Kerry Patricia Whelan took place before Barr J and a jury commencing on 16 March 2006 and continuing until 6 June 2006. After deliberating for eight days, a juror sent a note to the trial judge indicating that the jury could not agree and that further deliberations would serve no useful purpose. Barr J did not discharge the jury and directed the jury in accordance with Black v The Queen.

The jury returned verdicts of guilty on both counts following further deliberations. The jury foreman returned the guilty verdict and Burrell did not react as the verdict was handed down. Burrell’s barrister asked Justice Barr to poll the jury members. Justice Barr asked the foreman whether the verdict was the verdict of all the jurors; “It is,” the foreman replied.

The jury deliberated for nine days before finding Burrell guilty.

Burrell pleaded not guilty to both charges when his trial began in March.

Charges found by the jury

Burrell was convicted upon two counts:

1. On 6 May 1997 at a place unknown in the State of New South Wales, Burrell did detain Kerry Patricia Whelan with intent to hold her for advantage to the said Bruce Allen Burrell (contrary to s 90A of the Crimes Act 1900).
2. On or about 6 May 1997 at a place unknown in the State of New South Wales, Burrell did murder Kerry Patricia Whelan (contrary to s 18(1)(a) of the Crimes Act 1900).

Dorothy Davis trial

The NSW Supreme Court jury in the Dorothy Davis case was not told about Whelan. Burrell was found guilty of murdering Dorothy Davis.

A Sydney court lifted reporting restrictions on a previous conviction involving Burrell so that his prior murder conviction could be reported.

Sentencing

Kerry Whelan sentence (28 years plus life framework)

On 9 August 2006, Burrell was sentenced to life imprisonment for the kidnap and murder of Kerry Whelan. He was also sentenced to 16 years for the kidnapping, to be served concurrently. Justice Barr said he was not surprised that Burrell’s defence had made no final submissions, and said: “There was no remorse.” Justice Barr said that “the objective seriousness of the offender’s criminality is so great that subjective matters can scarcely be given any weight.” Justice Barr said Burrell had been motivated by “the cold desire to enrich himself”.

The husband, Bernie Whelan, said the family were satisfied with the sentence, stating: “We're not happy. We will never be happy, because we lost Kerry. But at least our faith in the criminal justice system has been justified. "We've had that faith since she was taken ... The police officers did a remarkable job.” He also said: “We hope one day that my children and I will be able to lay her to rest,” with his voice cracking as he reminded the public of the reward for finding his wife’s body.

A transcript of the ransom note included the following text:

“There will be no second chances. Follow all instructions or your wife will die. By the time you recieve this letter she will be safely in our keeping. To ensure her safe return you must at no time bring in the police the press any authorities or outside assistance. We will know if you do so. The consequences of breaching tis rule will be dire for your wife. You are not our first Australian target there have been others. You have not heard of this in the past because they have implicitly followed all instructions and been reunited with there loved ones. Do not underestimate our capabilities. We will know if you breach any conditions at any time and you and your family will not see her again. This is our garantee. The ransom for her return is one million US dollars. The rate of exchange means you will pay one million two hundred fifty thousand Australian dollars to be paid in one hundred dollar Australian notes. Ensure only the new plastic notes are used. No paper currency. No consecutively numbered notes. The money is to be delivered in a heavy duty green plastic garbage bag. The money is not to be photo copied. No remote transmitting devices. No radio active dusts. No dyes. No means of tracing the money is to be used. We are able to scan and test for all such devices and any other method you may use. Do not be tempted for if anything is used to trace the money it will not be collected and your wife will die. No further contact will be made. You have seven days. When the money is ready you are to put an advertisement in the public notice section of the Sydney Daily Telegraph newspaper saying: Anyone who witnessed a white Volkswagon Beetle beside the Eastern Gates of the Sydney Olympic Site at 10:30pm on Tuesday 8.4.97 please call -------------- then put your home telephone number at the end of the advertisement. After the advertisement has been in the newspaper we will be in contact within three days at your home to tell you the next step. Be ready to leave with the money at any time. The money is to be delivered by you and nobody else. Do not substitute yourself for the delivery. You must be alone. Have no wires on yourself or in the car you use. We will know if you try to use them. Do not use the car radio. Any sign of outside involvement or interference and your wife will die. We will be aware of everything you do. Take cae this is your only means of ever seeing her alive again.”

Dorothy Davis sentence

On 8 February 2008, Burrell was sentenced to imprisonment for 28 years for Dorothy Davis’s murder. The sentence commenced on 17 September 2007 and ended on 16 September 2035, with a non-parole period of 21 years. The earliest date Burrell would be eligible for release on parole was 17 September 2028.

Justice David Kirby described the murder of Dorothy Davis as being akin to “a contract killing”, stating it was similar to the murder of Kerry Whelan in 1997. He said there was greater pre-meditation and planning in the Whelan murder. Justice Kirby accepted that Burrell did not form the idea of murdering Dorothy Davis until shortly before the time she disappeared on 30 May 1995 and that it was because Dorothy Davis was putting pressure on Burrell to repay the $100,000 loan she had advanced to him in 1994.

Dorothy Davis’s daughter, Maree Dawes, said outside the court that she was disappointed Burrell did not get a life sentence as he had with the murder of Kerry Whelan, stating: “But we take comfort from, given the previous sentence, he won’t walk the streets again and won’t do this to another family.”

Appeals

Kerry Whelan conviction appeal (High Court application and dismissal)

Burrell applied to the High Court for special leave to appeal the conviction, with grounds including that the trial judge’s directions to the jury were “unfair”. Burrell’s barrister, Ian Barker QC, told the High Court sitting in Sydney: “A judge cannot direct a jury how they are to assess facts”.

The High Court dismissed the latest application to appeal. Chief Justice Robert French said: “The approach of the trial judge and the court of criminal appeal was correct,” and: “Special leave will be refused.”

Burrell lost two appeals against the conviction in the NSW Court of Criminal Appeal.

Dorothy Davis conviction appeal rehearing right

On 31 July 2008, Burrell was granted the right to have his murder conviction reheard.

Outcome

Burrell remained convicted of:

• the murder of Kerry Whelan; and
• the murder of Dorothy Davis.

Whelan’s body was never found and Davis’s body was never found.

Aftermath and related details

A note from the judge in sentencing proceedings included the following finding about Dorothy Davis:

“Shortly after 1.00 pm on 30 May 1995, Mrs Dorothy Davis set out on foot from her home at 9 Undine Street, Lurline Bay to visit a friend. She was never seen again.”

During the sentencing of Dorothy Davis, the judgment noted that Burrell had a criminal record and referenced the life imprisonment imposed in August 2006 for the murder of Kerry Whelan.

In the Kerry Whelan case, Burrell’s trial occurred as the second trial on the charges. At his first trial, the jury was unable to agree and, after deliberating for ten days, was discharged without reaching a verdict. At the second trial, rulings from the first trial were applied.

The evidence against Burrell in the Kerry Whelan case included the police search of Hillydale lasting five days, the absence of any trace found, and the discovery of chloroform, a UBD street directory highlighting the Parkroyal Hotel and route to Crown Equipment, and the presence of two “dot point” notes in Burrell’s handwriting.