Comments on: Beaconsfield Coronial Inquest Walkout https://safetyatworkblog.com/2008/07/23/beaconsfield-coronial-inquest-walkout/ Award winning news, commentary and opinion on workplace health and safety Fri, 29 Aug 2008 00:47:44 +0000 hourly 1 https://wordpress.org/?v=6.6.1 By: Legal games at the Beaconsfield inquest « Safety At Work Blog https://safetyatworkblog.com/2008/07/23/beaconsfield-coronial-inquest-walkout/#comment-162 Fri, 29 Aug 2008 00:47:44 +0000 http://safetyatworkblog.wordpress.com/?p=173#comment-162 […] those who have said in comments to this blog that the lawyers are astute poker players, I would ask what benefit the legal team […]

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By: Professor Michael Quinlan, Beaconsfield and Safety Cases « Safety At Work Blog https://safetyatworkblog.com/2008/07/23/beaconsfield-coronial-inquest-walkout/#comment-161 Tue, 05 Aug 2008 00:40:48 +0000 http://safetyatworkblog.wordpress.com/?p=173#comment-161 […] Michael Quinlan, Beaconsfield and Safety Cases I have spoken elsewhere of the non-release of Professor Michael Quinlan’s OHS report into the Beaconsfield mine.  On […]

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By: Phillip Kamay https://safetyatworkblog.com/2008/07/23/beaconsfield-coronial-inquest-walkout/#comment-160 Tue, 29 Jul 2008 04:26:56 +0000 http://safetyatworkblog.wordpress.com/?p=173#comment-160 Kevin,

I think that the legal team representing the Beaconsfield mine are very astute poker players and “they know when to hold them and when to fold them”. Yes, the perception that they may have got away with it, by not being prosecuted by the Tasmanian regultor, certainly is blatent , but every day spent in a court of law or at a coronial inquiry costs dollars, and in this case big amounts. I’m sure that the mine’s legal team, would have weighed up the cost benefit to the mine by being there and advised Beaconsfield against it. From a PR perspective it’s a disaster!

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By: Scott Puddy https://safetyatworkblog.com/2008/07/23/beaconsfield-coronial-inquest-walkout/#comment-159 Mon, 28 Jul 2008 00:45:11 +0000 http://safetyatworkblog.wordpress.com/?p=173#comment-159 As in most states, the relevant WorkSafe authority usually runs their case prior to the coronial inquest. Thus, any additional information revealed in the coronial enquiry could not be used “against them” as the prosecution case would usually have already been decided.

In this case, the DPP decided there was insufficient evidence to mount a case against the mine. Beaconsfield are probably just ensuring they avoid self incrimination and, as Ric mentioned, managing their ongoing media profile by avoiding further press exposure.

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By: Ric Morgan https://safetyatworkblog.com/2008/07/23/beaconsfield-coronial-inquest-walkout/#comment-158 Wed, 23 Jul 2008 06:18:17 +0000 http://safetyatworkblog.wordpress.com/?p=173#comment-158 Kevin and Neville

Not too supprised at a withdrawal.

There comes a point where ongoing participation is just a burden with no real value (either for the company, for the general public, or even for the safety community). If there is nothing new to learn, then it can simply be an exercise in finger pointing. When it gets to that point, then managing reputation becomes more important than assisting others to think that they know how and why something happened. At that point withdrawing can be a better choice than participating. Protecting from liability is not always the only driver in making such decisions.

That said, while lawyers don’t have “sides” they certainly have attitudes and approaches that they tend to bring.

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By: Kevin Jones https://safetyatworkblog.com/2008/07/23/beaconsfield-coronial-inquest-walkout/#comment-157 Wed, 23 Jul 2008 06:08:18 +0000 http://safetyatworkblog.wordpress.com/?p=173#comment-157 Neville,
I am not sure that lawyers have “sides”. The client is supposed to be paramount.
The tactic of strategic withdrawal or non-cooperation is certainly innovative and I look forward to hearing more comments about the justification for such an approach.
I can understand how hard it would be to sit through (unrelenting) criticism but to not take the opportunity to present your case or contest possibly unreasonable claims is odd.
Kevin

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By: Neville J. Betts https://safetyatworkblog.com/2008/07/23/beaconsfield-coronial-inquest-walkout/#comment-156 Wed, 23 Jul 2008 03:47:16 +0000 http://safetyatworkblog.wordpress.com/?p=173#comment-156 Kevin, I agree with you totally. What a suprise to me when I saw that Davis Neal was the legal man for the mine mnanagement. Davis, in the past, has been a real mover and shaker for the ‘worker’ and has joined with the SIA in several presentations that called for the current legislation. Seems he has changed sides.
Congratulations Neville

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