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A file photo of the Malu Sara, which sank in 2005. |
Malu Sara compo case continues
Issue 195 - 18 Feb 2010
By Evan Schwarten
QUEENSLAND:
ISSUE 195, February 18, 2010: A compensation claim by the family of one of five people killed when a federal immigration boat sank in the Torres Strait in 2005 may be headed for court after mediation discussions failed.
Lawyers for John Saub, whose daughter Valerie was killed when the Malu Sara was lost at sea, had set a deadline of 4pm (AEST) last Friday for discussions to be finalised with the government.
However, the deadline passed without any agreement, leaving Mr Saub and his legal team to consider their options.
"There is always options for further negotiations, but at this stage we don't have an outcome," lawyer Laura Neil from Maurice Blackburn law firm said. "There will need to be discussions with the respondent about how we approach the matter from here in terms of whether we just go ahead and file court proceedings."
The missed deadline comes 12 months after Queensland coroner Michael Barnes described the tragedy as "totally avoidable" when he handed down his findings on the Malu Sara sinking.
The Malu Sara, part of a group of vessels later found to be sub-standard, sank between Saibai and Badu islands on October 15, 2005, leading to the death of the two immigration department employees and three passengers on board.
A search was not launched until eight hours after skipper Wilfred Baira had told police his vessel was "sinking fast".
Ms Neil said her client was more upset that no action had been taken against the parties responsible for the tragedy than he was about the stalled compensation claim.
"Compensation is not his priority, it's simply the only means of getting redress for what has happened," she said. "He wants to see justice. There is still no outcome in terms of disciplinary action for those directly responsible for what happened."
In his findings, Mr Barnes directed the blame for the tragedy at immigration department official Garry Chaston, Torres Strait police officer Sergeant Warren Flegg and Cairns boatbuilder Don Radke.
However, he did not refer any of the men to the Director of Public Prosecutions for charges to be considered, and Queensland Attorney-General Cameron Dick has ruled out initiating a special prosecution in the matter. - AAP
 
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