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First victory in battle for justice
Kamahl Cogdon
22sep04

ASBESTOS victims yesterday claimed round one in the battle for justice from James Hardie Industries.

But they conceded the war was far from over.

Victorian sufferers of asbestos-related diseases said James Hardie's deception had been exposed by the six-month inquiry into the funding of its asbestos compensation fund.

"It's definitely a milestone," former builder Stewart Beckworth said.

"They have been caught out and they've got their just deserts. But there are lots of other things to be done."

The father of nine, who was diagnosed with mesothelioma in January, said a way had to be found to get James Hardie to pay full compensation to victims.

Liza Moran, 42, who received a confidential payout from James Hardie after contracting the disease as a teenager during home renovations, said it was vital all victims had access to compensation.

She said her concern was if a "person was diagnosed with this in the future they would have the same recourse as me".

Asbestos Information Support Service president Lawrie O'Shea said he was glad the inquiry had found James Hardie bosses misled the public and the stock exchange about the compensation fund and the company had tried to dodge its compensation obligations.

But he was disappointed commissioner David Jackson had recommended adopting James Hardie's proposed statutory scheme to deal with compensation claims.

He said the scheme, rejected by unions and the Victorian and NSW governments, was bad news for victims because it was likely to cap individual payouts and take away their right of legal representation.

Mr O'Shea, whose wife Barbara died from mesothelioma she contracted washing his asbestos-dusted overalls, said he hoped charges would be laid against James Hardie executives.

"That would help victims and it would also help if James Hardie came out and apologised to victims," he said.

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