Top lawyers face scrutiny

The Age, William Birnbauer,August 19, 2007

VICTORIA'S top prosecutor has pressed the Australian Crime Commission to
investigate potential criminal conduct by cigarette maker British American
Tobacco and lawyers at prestigious legal firm Clayton Utz during the Rolah
McCabe case.

In one of his last acts as the state's Director of Public Prosecutions, Paul Coghlan,
QC, has referred serious allegations of criminal behaviour by the tobacco giant
and its former Australian lawyers, Clayton Utz, to the nation's top crime-fighting
body for a special investigation.

In a letter to Attorney-General Rob Hulls, Mr Coghlan refers to serious allegations
including perjury and conspiracy to pervert the course of justice by "a number of
parties involved with British American Tobacco".

The DPP's unprecedented move follows revelations in The Sunday Age last
October of an internal investigation conducted by Clayton Utz after its client,
BAT, lost a damages action brought by lung cancer victim Rolah McCabe in 2002.

The investigation, by a senior partner of the firm, Christopher Dale, found that two
Clayton Utz lawyers in the case, Glenn Eggleton and Richard Travers, had engaged
in serious professional misconduct. Mr Eggleton gave evidence at the McCabe trial
that was "potentially perjurious", Mr Dale's inquiry found.

Mr Hulls, after advice from the Government Solicitor, referred the matter to the DPP.

Mr Coghlan, who has just been appointed a Supreme Court judge, informed Mr
Hulls on August 6 that he was referring Mr Dale's inquiry to the crime commission
"for special investigation into the potentially criminal conduct of British American
Tobacco and several Clayton Utz lawyers acting for it in the McCabe proceeding".

Mr Coghlan said the Clayton Utz documents contained serious allegations of criminal
conduct by at least one of the firm's solicitors. "Our review of the documents
suggests that in addition to the offence of perjury, possible criminal offences include
a conspiracy to pervert the course of justice or an attempt to do so by a number of
parties involved with British American Tobacco," he said.
"In particular, the destruction of thousands of apparently relevant documents
by British American Tobacco when litigation was apprehended in Australia may
warrant national investigation."

Mrs McCabe was awarded $700,000 in 2002 after Justice Geoffrey Eames,
in the Supreme Court, found that the destruction of key internal tobacco
company documents had denied her a fair trial. The decision was overturned
by the Court of Appeal eight months later.