Casefile Archive 7: Nicky Fleming

Release Date: February 21, 2026
Podcast: Casefile True Crime
Host/Narrator: Casefile Presents

Episode Overview

This episode delves into the harrowing case of Nicky Fleming, a 12-year-old boy who lost his life in a horrific hit-and-run on Australia's Hume Highway in April 1998. The investigation into the crash highlights the painstaking work of police, the devastation wrought on the Fleming family, and the ultimate pursuit of justice despite initial dead ends. Through methodical police work and a lucky break, the perpetrator, truck driver Brett Kilmore, was tracked down and convicted.

Key Discussion Points & Insights

The Night of the Collision

• Setting the Scene:

  • Luke Nolan and Angela witness erratic driving by a large red freight truck with a white semi trailer on the Hume Highway, April 8, 1998.
  • The truck weaves dangerously, almost causing a crash before Luke is able to safely overtake. ([01:03])

• The Accident (Violettown, VIC)

  • At 12:15am, April 9, police are alerted to a major collision involving a family car towing a caravan.
  • Victim: 12-year-old Nicky Fleming, found deceased, clutching a gold-wrapped Easter egg; severe injuries sustained.
  • Surviving family: father Ian (broken arm, facial injuries), 13-year-old son (skull fracture), 8-year-old daughter (minor injuries).
  • The scene is likened by investigators to a "bomb site," with debris scattered for 400 meters. ([10:00])

• Crash Reconstruction

  • The truck had been traveling at 106 km/h, exceeding the posted limit, tailgating the Fleming's Mazda, and failed to stop in time.
  • The truck clipped the rear of the caravan, leading to a catastrophic rollover.

The Aftermath and Investigation

• Classification as a Hit-and-Run

  • Truck driver flees; no witnesses able to pursue; police establish a roadblock but the truck eludes capture.
  • The morning reveals the "full scope of the crime scene." Skid marks, debris, and damaged vehicles provide crucial evidence.
  • Investigators collect fragments of amber indicator glass and unique markings on the caravan.

• Challenges Faced

  • Investigators faced a monumental task, starting with 160,000 registered trucks.
  • Early clues: red paint with a unique pigment, a specific type of indicator light with a serial number, and strange marks on the caravan panel resembling a 'V' or 'A'.

• Human Impact

  • Ian Fleming makes a public plea to the unknown driver:

    "I'd like him now to think about what he's done and honour himself and step forward please." — Ian Fleming ([21:02])

Painstaking Police Work

• Narrowing the Search

  • Investigators connect evidence to Western Star trucks, King Bars bull bars, and a distinctive Heller indicator light.
  • Through forensics and manufacturer records, the search is reduced to 206 trucks matching the criteria.

• "Truck Stop Ted" and the Breakthrough

  • While off-duty, forensic officer Ted Kennedy Rippon spots a matching red Western Star truck at an Echuca service station.
  • He covertly records the truck’s details and notifies investigators, who link it to Brett Kilmore, a Queensland-based owner-driver.

Tracking the Perpetrator

• Investigative Breaks

  • Two separate law enforcement contacts with Kilmore's truck in 5 days clinch his status as the prime suspect.
  • Phone records and anomalous travel paths put Kilmore in the right location at the right time.

• Physical and Forensic Evidence

  • A "whizzer" device is found, used for bypassing the truck’s speed limiter.
  • Paint and damage on Kilmore's truck directly match crime scene evidence.
  • A fragment of canvas found at the scene matches Kilmore’s bullbar cover.

Confession and Trial

• Kilmore’s (Non)Confession

  • Upon being summoned unexpectedly, Kilmore is confronted by police:

    "I've been waiting for you blokes to come around for six months." — Brett Kilmore ([44:21])

  • Kilmore blames fatigue and work pressures, claiming to have taken "No-Doze" caffeine tablets.
  • Attempts to shift blame to "bright lights" from another car are contradicted by witness statements.
  • He admits to the hit, describes fleeing in panic, and later covers up evidence.

• Repairman’s Reaction

  • Upon learning the significance of the repair, a mechanic expresses regret:

    "You're not going to tell me that the bloke who came in here killed that kid at Violet Town? I had a feeling about that bloke..." — Repairman ([46:21])

Legal Outcome & Reflections

• Verdict and Sentencing

  • Kilmore pleads not guilty; convicted on all counts (culpable driving, failing to stop, failing to render assistance, etc.)
  • Receives 5 years in prison, 3-year minimum. Licence suspension overlaps with his sentence, frustrating the Fleming family.

• Impact Statements

  • Nicky’s brother: speaks of losing “his brother and best friend.”
  • Nicky’s mother, outside court:

    "Every day I don't have my son. Every day I have that loss… I hope that every day he's in jail he thinks about driving carefully when he comes [out]." ([49:50])

• Police Reflections & Commendations

  • Forensic officer Ted receives commendations, nicknamed "Truck Stop Ted."
  • Constable Carsten Schultz reflects on the pursuit:

    "It's an affront that somebody could just not come forward. It goes against honour and standing up for yourself and taking responsibility for what you did. You have to be held accountable." — Senior Constable Carsten Schultz ([50:45])

Notable Quotes & Memorable Moments

• On Discovery of the Crime Scene:

  "The major collision team could easily tell when they were drawing close to the site as an uncharacteristically long traffic jam had formed..." ([04:00])

• On the Hit-and-Run:

  "This categorised the incident as a hit and run, a criminal offence." ([16:40])

• Reflections on Policing:

  "For an investigation that had begun with 160,000 possible trucks, police were now down to 206." ([31:28])

• Ted's Breakthrough:

  "As Ted leaned in to inspect the scraped paintwork, the truck driver stepped down from the truck's cabin. Ted hadn't noticed him there and nearly jumped out of his skin." ([35:45])

• Constable Schultz on Justice:

  "It's an affront that somebody could just not come forward. It goes against honour and standing up for yourself..." ([50:45])

Timestamps for Key Segments

• [01:03] – Opening of the case: The Flemings set out on their trip, leading up to the crash
• [10:00] – Description of the crime scene and initial police response
• [14:45] – Crash reconstruction and initial investigation
• [16:40] – Classification as a hit-and-run, roadblocks, and evidence collection
• [21:02] – Ian Fleming’s emotional appeal from hospital
• [27:00] – The search narrows: Review of truck manufacturers and forensic breakthroughs
• [31:28] – Final narrowing of suspect list to 206 trucks
• [33:50] – Ted Kennedy Rippon’s discovery of the matching truck
• [37:57] – Confrontation with Brett Kilmore
• [41:04] – Examination of Kilmore’s truck, discovery of the "whizzer," forensic matches
• [44:21] – Kilmore’s admission and reaction during interrogation
• [46:21] – The repairman’s intuition and regret
• [49:50] – Victim impact statements and sentencing
• [50:45] – Final police reflections on responsibility and justice

Summary Tone & Style

Casefile True Crime’s signature tone: measured, respectful, and methodical, centering empathy for the victims and the rigour of investigative work. The episode moves through the tragedy with sober precision, giving voice to the pain of the antiheroes and honouring the diligence of officers and forensic experts.

Conclusion

This episode meticulously reconstructs the tragic events leading to Nicky Fleming’s death, the impact on his family, and the formidable effort required to bring a hit-and-run offender to justice. It highlights both the randomness of catastrophic events and the dogged nature of detective work. The host maintains an unembellished, thoughtful narrative, ensuring respect for the victims while conveying the complexities of the investigation and trial. This episode stands as a poignant reminder of the stakes of road safety and the lasting wounds unsafe, uncompassionate decisions can inflict.