The ghost of Rolah McCabe has again been
denied the chance of resting in piece after Brambles quietly settled its case
against British American Tobacco in the NSW Dust Diseases Tribunal, as the SMH‘s
Liz Sexton reports.

The territory that remains unexplored by the
settlement is Brambles’s claim that BAT intentionally destroyed prejudicial
documents to keep damaging material beyond the reach of litigants.

That in turn was a core part of cancer
victim Rolah McCabe’s brief victory over BAT and its then lawyers at Clayton
Utz – a victory that didn’t survive an appeal. If Brambles had gone ahead, it
would have had the help of testimony from a former BAT insider that McCabe
lacked – but it’s not to be.

The settlement shouldn’t come as a
surprise, unless you thought Brambles had suddenly become a public crusader against
Big Tobacco. Not likely. It was a curious case over a relatively piddling
amount – just a cross-claim for part of a $200,000 settlement to a former
Brambles employee who was a heavy smoker exposed to asbestos in brake pads. The
legal fees would have quickly swamped any potential winnings.

Yesterday’s statement from BAT noted that
the settlement with Brambles did not involve any payment. BAT keeps its secrets,
a more complete test of its ironic document “retention” policy fails to proceed
and the cancer stick profits just keep rolling in.