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Legislative Council - Fifty-Fourth Parliament, First Session (54-1)
2019-05-01 Daily Xml
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Keogh Case

The Hon. K.J. MAHER (Leader of the Opposition) (14:24): Supplementary arising from the answer: given that the Treasurer has explained to the chamber that he was the one responsible for approving this and that he took the advice that was provided (legal and otherwise) for this payment of $2.57 million of taxpayers' money, without asking what the legal advice actually said, can the Treasurer identify any actual cause of action that Henry Keogh might have had? Was there an actual cause of action that he would have had in law and what was it, if there was one?

The Hon. R.I. LUCAS (Treasurer) (14:24): I think the Leader of the Opposition in framing that question answers his own question. I am not providing the nature of the legal advice that was provided to the Attorney-General. She has indicated quite clearly that she is not going to release the detail of the legal advice that she provided. She, nevertheless, together with the learned advice that was provided to her, gave legal advice to me. I took insurance advice from insurance experts within SAicorp. I ultimately then made my own determination as the Treasurer, based on a combined aggregate of that particular advice, and made this particular decision.

After all, the Court of Criminal Appeal had decided that someone had wrongly spent 20 years in gaol, and that was essentially the nature of the settlement that the new government entered into, having inherited the results of much of what had occurred under the former government.

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