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Phoebe Handsjuk two months before her death
Phoebe Handsjuk delivers a poem she wrote for her grandmother's funeral in October 2010. Two months later, she would die in gruesome circumstances.
Top legal, forensic and police experts have cast doubt over a coroner's finding that young Melbourne woman Phoebe Handsjuk died from a "tragic accident" when she plunged to her death down the garbage chute of a luxury high-rise apartment building.
![Phoebe Handsjuk was found dead at a St Kilda road apartment building in 2010.](/web/20170227010521im_/http://www.theage.com.au/content/dam/images/g/r/m/0/1/c/image.related.articleLeadwide.620x349.grlz3w.png/1481836069574.jpg)
Coroner Peter White found Ms Handsjuk inadvertently fed herself feet first into the garbage chute while drunk and under the influence of sleeping drug Stilnox in December 2010.
The expert opinions form part of a six-month Fairfax Media investigation of the circumstances of Ms Handsjuk's death. The first episode of a six-part podcast, Phoebe's Fall, can be downloaded today.
The controversial outcome of Ms Handsjuk's inquest has also prompted calls for reform to the Coroner's Act to make it easier and less expensive for families to appeal findings they believe are wrong.
Ms Handsjuk's family simply wants an "open" finding.
In 2013, the Coroner specifically exonerated Ms Handsjuk's boyfriend, Antony Hampel, of any responsibility for her death. Mr Hampel denied any involvement in or knowledge of Ms Handsjuk's death, and Fairfax Media is not suggesting otherwise.
Mr Hampel is the son of retired Supreme Court justice George Hampel and step-son of sitting County Court judge Felicity Hampel.
Ms Handsjuk was found dead in the ground floor refuse room of the luxury Balancea Apartment building in St Kilda Road, Melbourne in December 2010. Her blood was found in the 12th floor apartment where she lived with Mr Hampel, and also near the entry hatch to the garbage chute on the same floor.
However, Ms Handsjuk did not die as a result of the impact of her 40 metre fall from the 12th floor entry hatch of the garbage chute.
A blade in the garbage compactor at the bottom of the chute almost severed her right foot before the machine ejected her and she bled to death as she tried to find her way out of the darkened, locked room.
![Phoebe Handsjuk was found dead in the chute at a St Kilda road apartment building in 2010. Supplied photo](http://web.archive.org./web/20170227010521im_/http://www.smh.com.au/content/dam/images/g/r/m/0/1/i/image.imgtype.articleLeadwide.620x349.png/1474575150228.png)
Phoebe Handsjuk was found dead in the chute at a Melbourne apartment building in 2010. Photo: Supplied
Coroner Peter White found Ms Handsjuk entered the chute in a "sleepwalking state" under the influence of alcohol and prescription sleeping drug Stilnox, and had no intention to kill herself.
However, there were no fingerprints on the hatch near the top of the chute and Ms Handsjuk was found with her jeans around her knees.
Coroner White controversially rejected the submission of his counsel assisting, barrister Deborah Siemensma, that an open finding was warranted. Ms Siemensma had argued the evidence did not rule in or rule out third party involvement or suicide.
However, Fairfax Media has obtained written advice from one of Melbourne's top QC's, Ross Gillies who told Ms Handsjuk's family that an open finding should have been made.
"The Coroner's reconstruction involving Phoebe Handsjuk deliberately placing herself in the chute and endeavouring to climb down, whilst possible, is highly unlikely," Mr Gillies wrote.
Several other senior Melbourne barristers, including other QCs, have privately told Fairfax Media that an open finding was the obvious conclusion to Ms Handsjuk's three week inquest.
![Phoebe Handsjuk with Antony Hampel. Picture supplied by Richard Baker](http://web.archive.org./web/20170227010521im_/http://www.smh.com.au/content/dam/images/g/r/m/0/h/q/image.imgtype.articleLeadwide.620x349.png/1474594154816.png)
Phoebe Handsjuk with Antony Hampel. Picture supplied by Richard Baker
One of Victoria's most experienced forensic pathologists, Byron Collins, said the presence of unexplained bruises on Ms Handsjuk's body which may have occurred before her fall meant an open finding was the safest outcome.
"I don't think that one can disregard the potential of the following injuries to point to some sort of foul play with any degree of ease, " Dr Collins said.
His view is supported by the Queensland forensic pathologist, Professor Peter Ellis, who advised Ms Handsjuk's family in a report that bruises on her right upper arm "do support the application of fingertips to the inside of the arm, most often seen in the forceful holding of the arm".
Dr Collins, who reviewed forensic evidence in Ms Handsjuk's case for Fairfax Media, also questioned the basis for Coroner White's finding that she had been able to deliberately control her descent.
"I don't think that one can say with any degree of certainty whether the fall was free or was impeded by some effort to perhaps press her arms against the side of the chute to slow her fall," he said.
Transcripts from Ms Handsjuk's inquest show Coroner White was told by Matthew Lynch, the forensic pathologist who conducted Ms Handsjuk's autopsy, that he had "no view" about whether she had slowed her fall.
Dr Lynch also told Coroner White that he could not rule out bruises on Ms Handsjuk's upper body being caused by another incident prior to her entering the garbage chute.
Former Victoria Police homicide squad senior sergeant Rowland Legg reviewed aspects of Ms Handsjuk's case for Fairfax Media and said he was unable to reach a conclusion as to the circumstances of her death.
"I wouldn't be able to satisfy myself that it was suicide, third party involvement - and, there's always that other possibility too that Phoebe was affected by something that caused her not to know what she was doing," Mr Legg said.
![Phoebe with her brothers and mother. L-R Nikolai, Thomas, Phoebe and Natalie. Phoebe Handsjuk was found dead in a garbage chute at a St Kilda road apartment building in 2010](http://web.archive.org./web/20170227010521im_/http://www.smh.com.au/content/dam/images/g/r/m/3/t/t/image.imgtype.articleLeadwide.620x349.png/1474594187810.png)
Phoebe Handsjuk with her brothers Nikolai (left) and Thomas and her mother Natalie.
Ms Handsjuk's family considered lodging an appeal but were advised by Mr Gillies that the laws in Victoria for challenging a coroner's finding were narrow, and the costs of making an unsuccessful attempt at Supreme Court action could be extremely high.
Ian Freckelton QC, a barrister who sits on the Victorian Government's Coronial Council, told Fairfax Media that, as the system currently stands, costs could be awarded against people who challenged a finding, even if they had a good case.
Dr Freckleton said the challenges to a coroner's finding would only be considered if a coroner had made an error of law. An appeal based on how much weight a coroner gave to a fact or evidence would not be permitted under current laws, he said.
Fairfax Media did not ask Dr Freckleton to comment directly on Ms Handsjuk's inquest because of his position on the Coronial Council.
But he said the Victorian Government ought look at providing support in "suitable cases" for people to appeal a coroner's finding and be protected from costs being awarded against them.
"It's enormously important for families and for everyone else associated with a death who might have had some role in bringing it about or be affected by it that the outcomes are right … and inevitably there will be individual cases where one feels uncomfortable with how evidence has been evaluated."
Mr Hampel declined to comment to Fairfax Media. His lawyer requested that all communication be directed through him.
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