The family of cancer victim Rolah McCabe may still have satisfaction, writes William Birnbauer.
Jump to full article: The Age (au), 2007-08-19
Author: William Birnbauer.
Intro: British American Tobacco and its former lawyers, Clayton Utz, could not have anticipated the latest sensational twist in the long-running McCabe drama. It will hit them like a bomb.
Victoria's Director of Public Prosecutions, after an eight- month investigation, has strongly recommended the most thorough scrutiny of potential criminality available in Australia -- a special investigation by the powerful Australian Crime Commission.
While DPP Paul Coghlan, QC, initially set out to examine the behaviour of the Clayton Utz lawyers who defended BAT in a damages case brought by lung cancer victim Rolah McCabe, he is now recommending a full inquiry not only into the lawyers, but BAT's conduct in the McCabe case and other previous product liability suits against it. . . .
If the crime commission launches a special investigation it will have coercive powers it can use to question witnesses and obtain documents, and the wizardry of clever, articulate and wealthy lawyers won't count for much.
The DPP's move is the latest stake in the heart of the Victorian Court of Appeal's decision in December 2002 to overturn Rolah McCabe's historic victory. . . .
The significance of referral to the Australian Crime Commission is that the commission has the artillery to cut through the legal roadblocks BAT and Corrs are throwing up. Mr Coghlan made particular mention of the commission's coercive powers and the penalty of imprisonment for noncompliance.
The ACC's board now has to consider whether to launch a special investigation. The quickest path to justice for the McCabe children, and a full and proper investigation of BAT and Clayton Utz's document policies, is for the investigation to begin as soon as possible.
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