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Malvern Electorate

Labor and allies vote to sweep Lawyer X scandal under the carpet

Labor and allies vote to sweep Lawyer X scandal under the carpet

Thursday 12 September 2024

The disgraceful Bill to destroy civil accountability for the Lawyer X scandal will now pass the Parliament.

Despite Victoria Police’s decision to use criminal lawyers to inform against their own clients being described by the High Court as “reprehensible conduct”, no criminal charges have been laid due to the decision of the Victorian Director of Public Prosecutions to reject the recommendations of the Special Investigator.

Now, Labor’s Bill seeking to extinguish all civil liability against the State will pass the Parliament following a deal between Labor and Libertarian Party MP David Limbrick, supported by Moira Deeming, One Nation’s MP and Legalise Cannabis MPs.

Under the deal, a $1 million limit on civil liability arising from the Lawyer X scandal will be imposed. The effect of this deal is to place the Labor Government above the law because it will not be accountable for the full consequences of its failures, unlike any individual Victorian citizen.

The deal also severely limits the ability of people wrongly imprisoned as a result of the Lawyer X scandal to be properly compensated. Faruk Orman spent 12 years in prison for a crime of which he was ultimately acquitted, yet any damages will be limited to $1 million under this Bill.

Shadow Attorney-General, Michael O’Brien, said: “This Bill is a disgrace because it puts the Labor Government above the law in a way that no Victorian citizen could ever be.

“This isn’t about saving taxpayers’ money; this is about avoiding accountability for the State’s role in the worst scandal in Victorian legal history.

“It is ironic that a Libertarian Party MP would broker a deal to see individuals badly hurt by the State being denied the right to be fully compensated for that damage.

“The Liberals and Nationals believe in the rule of law and equality before the law. This Bill violates both of those principles.

“Decisions about compensation for the damage done by the Lawyer X scandal should be made in a court of law according to the law – not by politicians far removed from the consequences of their votes.

“Labor has now set a precedent that it can pass a law to excuse itself from responsibility for the damage it has caused. It is a sad day for Victorians and a sadder day for the rule of law.”

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