Mrs LORRAINE SMITH DAMAGES CLAIM
The Hon. JANELLE SAFFIN: My question without notice is directed to the Attorney General, and Minister for Industrial Relations. Will the Attorney inform the House of the action taken by the Attorney General’s Department in response to a complaint made by Mrs Lorraine Smith?
The Hon. J. W. SHAW: The Leader of the Opposition in this Chamber has brought to the attention of the House a letter he received from a Mrs Lorraine Smith. This letter concerns the outcome of proceedings brought by me, as Attorney General, against a solicitor, Mr Robert Coshott, in the Legal Services Tribunal. Mrs Smith was the person who brought the complaint to my attention and was the main witness. The proceedings related to allegations of anonymous and threatening phone calls and other matters alleging professional misconduct. The proceedings were dismissed in the Legal Services Tribunal on 18 March 1997, when it was found that there was no evidence to support Mrs Smith’s allegations. Mrs Smith was clearly
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dissatisfied with the outcome of the tribunal proceedings. She has written to me on five occasions, including a 55-page report following the tribunal’s decision. All of Mrs Smith’s letters have been responded to as promptly as possible, bearing in mind that advice was required from both the tribunal and the Crown Solicitor’s Office to ensure that the numerous issues raised were properly addressed.
I also note that very senior officers of my department have made themselves available to meet Mrs Smith and to discuss her concerns by telephone. The handling of Mrs Smith’s complaints has at all times been monitored at a senior level within my department. Mrs Smith has been previously advised that I am of the view that there is no basis for agreeing to her claim for an ex gratia payment of damages. I formed this view after carefully considering detailed advice from my department, the tribunal and the Crown Solicitor. I could not find any evidence of unsatisfactory conduct on the part of either the tribunal or the Crown Solicitor’s Office. Mrs Smith has not accepted my decision and has continued to pursue her claim for damages. My department is currently investigating further matters raised by Mrs Smith in her most recent letter. Accordingly, the Attorney General’s Department is now urgently seeking further advice from the Crown Solicitor on fresh allegations raised by her. A reply to Mrs Smith’s most recent letter will be forwarded without delay.