NSW: Carr believes appeal can overturn Presland payout
SYDNEY, Aug 21 AAP - An independent judiciary was a key guarantee of freedom and democracydespite sometimes disappointing decisions, NSW Premier Bob Carr said today.
Mr Carr said a $300,000 compensation award to a man charged with the murder of hisprospective sister-in-law was a piece of risky law-making that would not be allowed tostand.
Kevin Presland successfully sued the Hunter Area Health Service, claiming it breachedits duty of care by not detaining him at Newcastle's James Fletcher psychiatric hospitalin 1995.
On the day of his release Presland stabbed his brother's fiancee Kelley-Anne Laws todeath but was found not guilty the following year on grounds of mental illness.
On Tuesday, Supreme Court Justice Michael Adams awarded Presland $300,000 in damages.
"My legal advice is this was a bit of risky adventurism on the part of the judge ...
and we believe we can get it overturned on appeal," Mr Carr told Sydney radio 2GB today.
"If we don't, then we'll amend the law."
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KEYWORD: PRESLAND CARR
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