I find it disgusting that this is even allowed
Scott Morrison condemns lawsuit launched over Christmas Island SIEV 221 disaster
IMMIGRATION Minister Scott Morrison has condemned as “shameful and offensive” the lawsuit brought by survivors and families of the dead from Christmas Island’s SIEV 221 asylum boat disaster.
Mr Morrison compared the legal action over the dramatic sinking and rescue to “someone who was saved from a fire suing the fireman”.
Shine Lawyers yesterday served a 34-page statement of claim on the Australian Government Solicitor, alleging the government is liable for unspecified damages over the deaths of 35 adults and 15 children in the December 2010 disaster, Australia’s worst civil maritime tragedy in more than a century.
The NSW Supreme Court action blames the government for its failure to have any or adequate search and rescue capabilities on the island on the morning of December 15, 2010, when SIEV 221 hit the cliffs at Rocky Point and broke up.
Navy and Customs rescuers rushed to the scene from the far side of the island, pulling asylum-seekers from the water.
The Immigration Minister said the actions of Australian personnel were “unimpeachable” and the lawsuit “just beggars belief”.
“The men and women who served that day showed a level of bravery and self-sacrifice that we have seen only on rare occasions and the response of the people of Christmas Island, our fellow Australians there, was also extraordinary,” Mr Morrison said in Canberra.
“For this claim to be brought in this way today, it just beggars belief.
“This is like someone who was saved from a fire suing the fireman. It’s like … an ambulance officer at the scene of an accident being sued for saving the person’s life. It’s like someone who was held hostage and been saved by police suing the police.
“I just want to give my total support to the men and women of the Australian Customs and Border Protection Service and the Australian Navy whose reputation, whose character and whose conduct on that day is unimpeachable.
“Frankly I think this is a shameful and offensive claim to be making. Sure, people have a right to bring cases to court — we’re a free country — but they also have to be accountable for the claims that they bring.”
Mr Morrison, interviewed later on Sky News, said he “just won’t cop” the lawyers’ argument that “the Australian government should have been running an even greater welcoming committee for people smugglers”.
West Australian Coroner Alastair Hope found in 2012 that it was “extremely unsatisfactory and unsafe’’ that neither the Australian Federal Police, which has search and rescue responsibility for the island, nor the local volunteer marine rescue service, had a boat that could be used for a rescue in rough conditions.
The inquest heard that SIEV 221 entered coastal waters about 5am and was visible from the shore from then. It entered Flying Fish Cove at 6.40am.
Resident Paul Maberly told the inquest he dialled 000 about 6am. By 7.10am, the vessel had lost power and was being dashed against rocks just outside the cove.
The lawsuit claims the government failed in its duty as owner of the vessel; it claims that Australia became responsible for the boat when it came within 12 nautical miles of the island.
The government also failed to maintain a proper lookout for the vessel, according to George Newhouse, head of Shine Lawyers’ social team and who represented families and survivors at the inquest.
“We believe that the evidence will show that the Commonwealth knew, or should have known, that there were vulnerable men, women and children that were on the high seas in a storm and took insufficient steps to look out for them,’’ Mr Newhouse said in a statement.
Mr Hope’s findings after an eight-month coronial inquest included that more lives could have been saved if the boat had been detected earlier.
Labor’s Brendan O’Connor, who was home affairs minister at the time of the shipwreck, said many brave deeds were done to rescue the asylum-seekers.
“Unfortunately, people died but many more would have died without the good work of the naval and customs personnel,’’ he told reporters.
The Australian Greens also praised the efforts of rescuers but called for an independent review of search and rescue protocols.
