Pratt's death fails to halt legal debate

The bitter battle over whether cardboard king and philanthropist Richard Pratt should have faced criminal charges has not ended with his death from prostate cancer.

Australia's fourth richest man died at his Melbourne mansion, Raheen, on Tuesday
night, a day after prosecutors announced they would not continue with criminal
charges against him related to Visy's $36 million price-fixing scandal, which marred
Mr Pratt's final years.
His death led to tributes from many including Prime Minister Kevin Rudd, Victorian
Premier John Brumby, business leaders and friends.
Supporters also called for the restoration of his Order of Australia, which he
handed back 14 months ago after admitting his part in a price-fixing scandal.
The 74-year-old's funeral will be held at the Kew Hebrew Congregation synagogue at
11am on Thursday. At the same time, the employees of his Visy company will observe a
minute's silence as a mark of respect.
On Wednesday, there was a final court hearing to outline the reasons why a judge
dismissed the criminal charges against Mr Pratt for misleading the Australian
Competition and Consumer Commission (ACCC).
It was alleged Mr Pratt misled the commission at a hearing in 2005 when he denied a
conversation he allegedly had about price fixing with Amcor chief executive Russell
Jones in 2001.
In a 52-page judgment, Federal Court judge Justice Donnell Ryan said admissions made
by Mr Pratt to settle the case were never meant to be used against him in a criminal
proceeding.
He ruled that an agreed fact for the purpose of a civil proceeding was not
necessarily true, but simply something parties agreed not to dispute, for the
purpose of that proceeding.
But outside court, the ACCC defended the prosecution, sparking an angry response
from Mr Pratt's lawyer.
"The ACCC maintains that it has acted at all times in accordance with its public
responsibility, and remains cognisant of the fact that both it and the Commonwealth
Director of Public Prosecutions must at all times have regard to the public interest
in pursuing actions of this nature," the statement read.
ACCC chief executive officer Brian Cassidy expanded on the statement.
"We believe as people reflect on this and the actions that were taken we will not
sustain any damage," Mr Cassidy said outside the court.
The comments drew an angry response from Mr Pratt's lawyer Leon Zwier who had stood
beside reporters listening to the comments.
"(There is nothing) that could or should be said by or on behalf of the late Richard
Pratt at this time, I am not going to dignify the spin that has come out in any way
whatsoever," he said.
Away from court tributes continued to flow for Mr Pratt.
A simple death notice in the Herald Sun newspaper described Mr Pratt as the
"dearest, darling and beloved husband and partner of Jeanne (Pratt).
"Our golden wedding anniversary is on June 7," the advertisement said.
The notice said Mr Pratt was "the adored father of Anthony, Heloise and Fiona" but
makes no mention of Mr Pratt's 11-year-old daughter Paula, born to his former
mistress, Sydney woman Shari-lee Hitchcock.
There were also calls for Pratt's legacy to be formally recognised.
Just hours before his death at his Melbourne home, close family friend Mark Liebler
lodged a request for the AO to be returned.
Lawyer Sam Lipski said there would be "many, many great Australians", some who have
an AO, who would support the idea.
Mr Rudd and Mr Brumby also paid tribute to Mr Pratt.
"Richard Pratt will be deeply missed by many Australians from all walks of life," Mr
Rudd said.
Mr Brumby offered a public memorial service to the Pratt family.
"Richard Pratt has been a great Australian success story. I am saddened by his
passing," he said.