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Increasing pressure on ACT Chief Minister

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AM Archive - Friday, 5 November , 1999  00:00:00

Reporter: Fiona Reynolds

COMPERE: The Chief Minister of the ACT, Kate Carnell, is under pressure to resign after a coroner's findings on the fatal implosion of the Royal Canberra Hospital. A 12-year-old girl, Katie Bender, was killed when she was hit by a piece of metal from the blast.

A coroner yesterday cleared Mrs Carnell of personal responsibility, but Coroner Madden was critical of the Chief Minister's office in promoting the event as a public spectacle.

Fiona Reynolds reports from Canberra.

FIONA REYNOLDS: Kate Carnell is a political survivor. Since the old Canberra Hospital implosion went so tragically wrong just over two years ago, her minority Liberal Government has been re-elected, and the effervescent ACT Chief Minister has fended off a no-confidence motion over the construction of a sports stadium. But the inquest into the death of 12-year-old Katie Bender, struck in the head by a piece of shrapnel from the imploding hospital, loomed as the biggest challenge to Kate Carnell's political career.

Yesterday Coroner Shane Madden cleared the Chief Minister of any personal responsibility, although there was scathing criticism of the implosion being promoted as a public spectacle - with Mrs Carnell's approval - attracting 100,000 people. The coroner said her staff didn't know the dangers involved and it was nothing less than a disgrace.

Bernard Collaery, who is the Bender family's lawyer, argues that the buck stops with Kate Carnell, that she carries a moral or overall responsibility, despite not being legally liable.

BERNARD COLLAERY: No one has come forward and said they accept responsibility. Someone who's lost a child could be forgiven for wanting someone to step forward and apologise.

FIONA REYNOLDS: Mrs Carnell conceded a ministerial responsibility yesterday.

KATE CARNELL: As Chief Minister I take responsibility for everything that happens right across government, but he does make it very clear that I cannot personally be held responsible for the death of Katie Bender or even for contributing to that death.

Obviously it's something that I wish - and I'm sure everyone wishes - had never happened. But hindsight's a wonderful thing.

FIONA REYNOLDS: Kate Carnell refuses to stand down, despite calls from the Opposition, which is gathering support for another no-confidence motion. Lawyer Bernard Collaery believes that shouldn't be necessary.

BERNARD COLLAERY: If there is such a thing as ministerial responsibility in a Westminster system, this must surely be it. One shouldn't have to draw teeth. Decency, common humanity would have suggested that this Chief Minister who, as the coroner has found, approved the radio promotion that attracted the Bender family to the event, should have resigned. She should have resigned, she still should resign. It would be the honourable and appropriate thing to do.

FIONA REYNOLDS: The Bender family will consider suing the ACT Government. While no public servant faces criminal action, the sub-contractor, explosives expert Rod McCracken, is being charged with Katie Bender's manslaughter by gross negligence. And contractor, Tony Fenwick, will stand trial for being knowingly concerned with the manslaughter. The coroner found that incompetent and inexperienced people had performed what should be a safe demolition method.

COMPERE: Fiona Reynolds reporting.
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