Finding into death of Nick Falos (formerly known as Nikolaos Falieros)

IN THE CORONERS COURT

OF VICTORIA AT MELBOURNE

Findings of:

Deceased:

Date of birth:

Date of death:

Cause of death:

Place of death:

Court Reference: COR 2018 5977

FINDING INTO DEATH WITH INQUEST

Form 37 Rule 60(1) Section 67 of the Coroners Act 2008

PHILLIP BYRNE, CORONER

NICK FALOS (FORMERLY KNOWN AS NIKOLAOS FALIEROS)

10 JUNE 1944

UNKNOWN

I (a) UNKNOWN

. UNKNOWN

IN THE CORONERS COURT OF VICTORIA AT MELBOURNE Court Reference: COR 2018 5977

FINDING INTO DEATH WITH INQUEST

Form 37 Rule 60(1) Section 67 of the Coroners Act 2008

I, PHILLIP BYRNE, Coroner, having investigated the death of Nick Falos (formerly known as Nikolaos FALIEROS)

without holding an inquest:

find that the identity of the deceased was Nick Falos (formerly known as Nikolaos FALIEROS) born on 10 June 1944

and the death occurred on an unknown date

at an unknown location from: 1(a) UNKNOWN Pursuant to section 67(1) of the Coroners Act 2008 I make findings with respect to the following circumstances:

BACKGROUND

1. Nick Falos (formerly known Nikolaos Falieros) was last seen by his son, Ross Falieros, on 14 March 2003 leaving his former residence; he has not been seen since. His disappearance was formally reported to the coroner in November 2018 by a detective attached to the Victoria Police Missing Persons Unit as a suspected death. Section 3 of the Coroners Act 2008 (the Act) includes suspected death within the definition of “death”.

2. Section 52 of the Act provides that a formal inquest is mandatory if the coroner suspects the

death being investigated is the result of homicide.

3. Holding that suspicion, I listed the matter for a summary inquest. At the hearing, a formal seven-page statement was read by Detective Senior Constable David Meneilly of the

Missing Persons Squad. I have treated that statement as the coronial brief of evidence.

4. Having heard his evidence, I conclude the reactivated investigation into Mr F alos’s death to date has been thorough with the full range of proof of life protocols having been undertaken.

L particularly note that investigation is ongoing.

CONCLUSION/FINDING

5. For today’s purposes, the evidence of Detective Senior Constable Meneilly leads, in my

considered view, to the inescapable conclusion that Mr Falos is no longer alive, and his .

death was due to foul play. One hopes that in the fullness of time the perpetrators will be identified.

6. Pursuant to section 73 (1) of the Coroners Act 2008, I order that this Finding be published

on the Coroners Court of Victoria website.

DISTRIBUTION OF FINDING

7. I direct that a copy of this finding be provided to the following: Ms Christine Bantos, Senior Next of Kin; and

Detective Senior Constable David Meneilly, Coroner’s Investigator, Victoria Police

Date: 15 April 2019