Libby Mettam: Empty words aren’t enough

The nightmare for Danny Hodgson continues.

Premier Roger Cook this week refused to commit to an ex-gratia payment for the one-punch victim, instead directing him to continue his court action against the State for compensation.

Court action that could conceivably cost the State Government millions to defend.

The lawyers win again.

Danny suffered catastrophic injuries when he was attacked in 2021 by a teenager who was on the streets under the Cook Labor Government’s pathetic bail laws, despite facing 23 charges relating to 13 separate incidents.

Danny recently launched court action, alleging negligence and breach of duty on the part of the State Government.

It was best said by Danny himself: “It doesn’t take a rocket scientist to say that a criminal that has 23 offences shouldn’t stay on the streets”.

In WA, victims of crime can apply for compensation from the State Government to cover a variety of circumstances, including medical expenses. However, the maximum payment is $75,000 — just a drop in the ocean of medical expenses that continues to engulf Danny and his family.

This week, when I asked the Premier Cook in Parliament if he would commit to an ex-gratia compensation payment for Danny before Parliament rises in November, the answer — although couched in glib platitudes and faux sympathy — was “no”.

Instead, the Premier directed Hodgson to continue pursuing his recently launched court action against the State, even though the State Solicitor’s Office has already moved to strike out the legal action.

The Premier said: “This is a complex legal case, and due to legal technicalities associated with Danny’s action, the (State Solicitor’s Office) has come to the position that it must apply to the court for a strike-out application.

“The (State Solicitor’s Office) has advised me that it has been in communication with Danny’s legal team and has advised that should these legal technicalities be able to be overcome, the strike-out application may be put aside for the case to continue.”

It’s pitiful at best to think the most Premier Cook and his Government can do for Danny is to clear a pathway to the courts.

A court battle is just another hurdle for a family already struggling to overcome so much.

The timing of an ex-gratia payment for Danny is critical.

If such a payment is not approved before Parliament rises this year, there is little possibility of a payment before the middle of next year, after the March State election.

By then, it will have been almost four years since Danny was attacked.

During his answer to my question, Premier Cook pointed to a meeting between Danny Hodgson’s father and Attorney General John Quigley as evidence of his government’s ongoing concern for, and commitment to, helping Danny.

“The fact that the Attorney General met with Danny Hodgson’s family goes to the heart of our commitment to work with the family to make sure they can overcome a range of issues,” he said.

That meeting took place in August 2022.

Two years ago.

During those two years, the Hodgson family has endured much, and the Cook Government has offered nothing other than words.

Danny has spoken about the toll his injuries have taken on him, his partner Jess, and his family.

“We’ve got basically zero income, we’re both on Centrelink and Jess is my full-time carer, and our full life has been taken away from us,” he said.

“We’ve no (prospect) of me ever working again or even starting a family.”

The Premier says he understands Danny’s situation.

“What happened to Danny was absolutely horrible,” he said in Parliament this week.

“No one should have to experience that. It was senseless, random violence in the city against someone who was minding his own business. It is a horrible set of circumstances.”

The Premier is right; it is a horrible set of circumstances.

So, do something about it.

Roger Cook has the capacity to ease the financial burden borne by Danny and his family every day.

Ex-gratia payments are nothing new for WA governments and certainly nothing new for Attorney General Quigley.

As a lawyer, Mr Quigley helped overturn the wrongful murder conviction of Perth man Andrew Mallard who, in 2009, received a $3.25 million ex-gratia payment from the WA government.

Most recently, an undisclosed ex-gratia payment was made to the family of seven-year-old Aishwarya Aswath, whose death from sepsis at Perth Children’s Hospital was found to be potentially preventable.

In 2018, the McGowan government refused a claim for a $3.2 million ex-gratia payment from the family of 12-year-old Denishar Woods, who sustained a catastrophic brain injury after an electric shock at a public housing property.

The following year the Government made an “act of grace” payment of $1m to Denishar’s family.

At the time of the payment, Attorney General Quigley said Denishar should “get millions and millions for what has happened to her” but said a legal claim could take months, or even years to settle.

Why, then, would Premier Cook be so determined to send Danny Hodgson and his family down the rabbit hole of expensive and protracted court action?

If Premier Cook doesn’t give Danny the ex-gratia payment he deserves, a WA Liberal Government will.

Libby Mettam is the Liberal leader.