John Kelleher: Forensic Scientist's Cancer Battle and Compensation Dispute

John Kelleher, a retired Victoria Police forensic fire and explosives scientist, has been diagnosed with oesophageal cancer, which his doctor suggests is work-related. His compensation claim has been denied by Victoria Police's WorkSafe agent, who cites a past smoking history. Kelleher states this smoking ended over 30 years ago. His situation stands in stark contrast to professional and volunteer firefighters, who benefit from presumptive rights legislation covering 15 types of cancer, including oesophageal cancer, presumed to be work-related.

Diagnosis and Denied Claim

John Kelleher, 70, was diagnosed with aggressive oesophageal cancer eight months ago, a mere two months after a clear medical examination. This sudden diagnosis prompted his retirement. His medical doctor has indicated that the condition is likely related to his extensive career.

However, Victoria Police's WorkSafe agent has not accepted his compensation claim, pointing to his history of smoking. Kelleher has publicly stated that he ceased smoking over three decades prior to his diagnosis. He is currently undergoing chemotherapy treatment for his illness.

A Distinguished Career in Forensics

Kelleher served Victoria Police for 37 years, initially joining on a three-month secondment. Throughout his career, he became recognized as a leading expert in forensic fire and explosives investigation, establishing national training programs and mentoring experts across Australia. In 2014, he was awarded an Order of Australia for his significant contributions to the community as a forensic specialist.

His demanding work involved investigating approximately 7,000 fires, frequently requiring him to search for human remains and determine the origins of blazes.

Early in his career, protective equipment was limited to "painter's overalls and a pair of gumboots."

Kelleher continued in his role beyond an intended retirement due to chronic understaffing within the Fire and Explosive Unit, where only six of 11 positions were filled. During intense periods such as the "tobacco wars," Kelleher attended up to 400 fires annually, working closely with firefighters who would often call him to suspicious scenes.

Hazardous Investigations and Critical Expertise

Kelleher's expertise was crucial in numerous complex and high-profile investigations, often involving highly hazardous environments:

• 2002 Bali Bombings: He assisted in identifying the remains of a suicide bomber following the terrorist attacks in Kuta, Bali, which killed 202 people.
• 2009 Black Saturday Bushfires: He led a year-long investigation into 200 fire source areas after the bushfires resulted in 173 fatalities.
• 2014 Glenn Sanders Siege: As an explosives expert, Kelleher examined a property where a man had detonated multiple interconnected bombs and booby-traps. The property contained secret bunkers, and Kelleher has indicated that unrecovered explosives may still be present, with extensive contamination from police counter-charges complicating a full examination.
• Other Explosives Cases: His work also included investigating incidents involving self-trained bomb makers, a pipe bomb detonation caused by a speed bump, and the discovery of a uranium cache.

Kelleher also provided training at the Fiskville CFA facility, which was later closed due to identified cancer-causing pollutants.

The Presumptive Rights Disparity

In Victoria, professional and volunteer firefighters, including equipment maintenance staff, are covered by presumptive rights compensation for 15 types of cancer, including oesophageal cancer. These rights acknowledge that such cancers are highly likely to be linked to work-related conditions due to exposure to up to 8,000 carcinogens released during fires, particularly during smoldering phases.

Kelleher's compensation claim has not been accepted, making his case an exception compared to similar claims under the scheme.

Some sources suggest that if he had been employed by Fire Rescue Victoria, his claim would likely have been accepted.

Retired detectives and former colleagues have voiced strong support for Kelleher, highlighting his expertise and extensive exposure to dangerous environments. Detective Leading Senior Constable Glen Hatton described Kelleher's capabilities as being at the highest level in arson chemistry. Peter Marshall, Victorian secretary of the United Firefighters Union, has asserted that Kelleher would have faced similar risks to firefighters and has offered assistance to support his case.

Ongoing Fight and Silence

While Kelleher undergoes treatment for his illness, he has also received requests to provide testimony for a past fire investigation, underscoring his continued relevance. The Victoria Police force, whom he served for nearly four decades, has not publicly commented on his compensation battle.