Vic: Plaintiff lawyer alleges defamation by tobacco giant
MELBOURNE, Dec 11 AAP - Law firm Slater and Gordon may sue British American Tobaccofor defamation over claims it did not warn the family of cancer victim Rolah McCabe ofthe risks associated with her failed damages action.
BAT corporate and regulatory head John Galligan said yesterday that Slater and Gordonhad to take some blame for the predicament of the family, which faces a multi-milliondollar legal bill if they lose their next appeal to the High Court.
"What was their advice, what risks did they advise the family of regarding what wasquite an aggressive and unusual legal strategy?" Mr Galligan told ABC radio.
Peter Gordon, senior partner of Slater and Gordon, said he was shocked by the allegationsand would seek legal advice.
"The suggestion I did not give proper advice to the McCabe family is wrong," Mr Gordontold ABC radio today.
"The suggestion I did not give them adequate warning is wrong.
"Roxanne Cowell, Rolah's daughter, confirmed as much specifically on the question ofthe risks of adverse costs on the steps of the Supreme Court just this last Monday night.
"I do feel I have been significantly defamed by what Mr Galligan said yesterday."
The late Mrs McCabe, a lifelong smoker, was awarded $700,000 damages by the VictorianSupreme Court in April, after Justice Geoffrey Eames ruled BAT's destruction of damaginginternal documents prevented her from having a fair trial.
But the decision was overturned in the Court of Appeal last week.
While the family repaid the $700,000 after Friday's judgement, it will have to paythe tobacco company's legal costs if it loses the High Court appeal.
Yesterday Mr Galligan also said Slater and Gordon had access to the internal documentswhich BAT destroyed.
"Most people aren't aware of this but Slater and Gordon had these documents all thetime," Mr Galligan told ABC radio yesterday.
"They were sitting in the briefcase of Slater and Gordon on the bar table."
Mr Gordon today said he was "absolutely outraged" by the suggestion he had a copy ofthe lost documents.
"That's just a lie and it's a highly defamatory lie and yes, I will be getting adviceabout that," Mr Gordon told ABC radio.
However he said his top priority would be preparing for the High Court appeal.
AAP jt/clr/drp/sb
KEYWORD: MCCABE DAYLEAD
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