Big compo 'unlikely' for Williams family

The chances of Carl Williams' family winning a huge compensation claim over his
bashing death in prison are slim, the peak body for Victorian lawyers says.
The gangland killer was bludgeoned to death on Monday in the most secure area of the
high-security Barwon Prison, leading some legal experts to suggest the state
government could face a lawsuit for failing in its duty of care.
But Michael Brett-Young, chief executive of the Law Institute of Victoria, says such
a claim would be very difficult to pursue.
The Williams family would first have to prove that prison officials knew Williams
was at risk or under threat, nothing was done to mitigate that risk, and the
negligence of prison authorities therefore led to his death.
Their legal team would also have to show that the party bringing the claim, most
likely Williams' nine-year-old daughter Dhakota, had been psychologically damaged
because of the prison's negligence.
"It's a very hard claim to bring," Mr Brett-Young told AAP on Thursday.
"If he's killed and there is negligence, but you can't show that there is suffering,
then there's no claim.
"It's not just because he dies. They have to be affected by his death."
Lawyer Emma Turnbull, who has represented Williams' ex-wife Roberta, said the family
was too busy caring for Dhakota and planning a funeral be to considering lawsuits.
Despite the difficulty of pressing such a case, duty-of-care lawsuits over incidents
in Australian prisons have been successful in the past, says Greg Barns of the
Australian Lawyers Alliance.
In 2005, a NSW prisoner was awarded more than $175,000 in the Court of Appeal after
he was bashed by four other inmates.
The man, who was being held in Sydney's Silverwater prison, had warned authorities
that he was being threatened before the attack left him with serious injuries, brain
damage and a fractured skull.
If all else fails, the Williams family could take a slice out of a $100,000
compensation through Victoria's Victims of Crime fund.
Relatives of Williams could receive $50,000 each for a total of $100,000.
The family would need to apply to the independent body and a tribunal would decide
the level of compensation based on the quality of their character, including any
past criminal activity.
Former Victorian police chief Christine Nixon says she believes authorities will get
to the bottom of Williams' murder.
Four separate investigations have been launched, including two that will target
possible corruption.
The state government is resisting calls for a royal commission into allegations of
police corruption linked to his slaying.
"I think whatever decision they make, they'll deal with it properly," Ms Nixon told
AAP on Thursday.
Williams' death has sparked concerns that another wave of gangland slayings might
erupt but Ms Nixon said she was uncertain about that.
"I think you'd have to watch the signs to see if it's starting up again," she said.
"I'd learn like you would."