A cruel flirt with peat moss victory

I have it on good authority that Mike Tatlow, who is prosecuting the marathon "peat moss" civil case against the Tasmanian Government in the Supreme Court, this month very nearly cracked open a bottle of Irish Mist whiskey he's been saving for 15 years until the day he wins the celebrated contest.

Mike believed he'd won the whole event for a magical moment this month. Damages about to be determined by a judge. Supporters abuzz. Phones running hot. Celebrations nigh.

And he had the written word to that effect from Director of Public Prosecutions Tim Ellis, who has been defending the case for the Government for yonks.

The story buzzing in Hobart law circles is that Ellis wrote to Tatlow's lawyers, enclosing a bill for payment of $9,997.70 costs from a hearing early this year.

The DPP's signed official letter said, however, that he was instructed [presumably by client Attorney-General Judy Jackson] that if the plaintiff [Tatlow and others] consented to judgment against the first three defendants [the Crown] with no order as to costs, the Crown would not enforce payment of costs by Tatlow.

The offer, Ellis added, was open for seven days.

After fighting him for a costly and tortuous 20 years, the Government was surrendering, would discuss damages to be paid to Tatlow and co., and waive the $9,997.70 bill to boot.

Tatlow's lawyers smartly delivered to Ellis a document of consent to judgment against the Crown, for the DPP to sign and return.

Then it would go to a judge to determine damages payment by the Crown.

Tatlow and his supporters were astonished, jubilant. The dust was wiped off the Irish Mist.

But they warily wondered if it was too good to be true.

And it was.

When Ellis got the document of settlement he rang Tatlow's lawyers and declared his refusal to sign it. His letter was a mistake, Ellis said. It should have offered surrender by the plaintiffs, not the defendants.

A cruel blow to Mike Tatlow, and no apology. He has had to find the $9,997.70 and return to the waiting game.

Waiting now to see if Attorney-General Judy Jackson will consent to, not oppose (as he asked her to weeks ago) Mike's application to the court to proceed to a long-awaited trial, for final settling of the celebrated affair.

The A-G, a lawyer, is extensively on record from her days in Opposition strongly supporting Mike Tatlow's complaint against the Crown, as instanced by a clip rerun on ABC-TV a few weeks ago.

"Tim Ellis' refusal was a nasty shock", Mike Tatlow said, confirming my information. "But I believe Judy Jackson has a strong sense of justice. I'm really hopeful she will give me the nod."

Earlier,

Denial of justice in the Peat Moss Affair

The Hon. Judy Jackson, MHA ...

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Saturday, October 23, 2004

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