The Guardian August 25, 2004


Hardie "scheming since 1995"

James Hardie shareholders are being asked to rubber stamp the 
company's executives latest compo bid without access to Jackson 
Inquiry findings about their possible misdeeds. Asbestos 
sufferers and unions are demanding that the company postpone 
shareholder meetings, including the AGM set down for the week 
before David Jackson, QC, makes his findings public on September 
21.

Asbestosis sufferer, Bernie Banton, urged Australians to be wary 
of the line being run by new chair, Meredith Hellicar, who 
stepped into the role after predecessor, Alan McGregor, received 
unfavourable mentions at the Inquiry.

"This company has a history of saying one thing and doing 
another", Bernie Banton warned. "The fight is not won because 
Hardie is so slick and slippery it is hard to deliver the 
knockout punch.

"Last week they got enormous publicity for saying all victims 
should be compensated. All their media, since, has back-tracked 
from that position. 

"They have scheduled their shareholder meetings to cover up 
anything about their treatment of asbestos victims that may come 
out of the inquiry."

Hellicar has been apologising all over town to asbestos sufferers 
likely to be dudded by the company's 2001 corporate restructure 
but continues to run her predecessor's line that only a state-run 
scheme will deliver a fair go.

Months ago the company was adamant it had no legal or moral 
obligations to Australians dying of asbestos-related diseases, 
beyond what was left of the $293 million it deposited with trust 
fund, MRCF (Medical Research and Compensation Foundation).

Hardie had assured the Supreme Court and the share market that 
Australian creditors would have access to $1.9 billion in partly-
paid shares. Barely a year later directors rescinded that 
arrangement, leaving a compensation hole estimated at $2 billion.

On the final day of the Jackson Inquiry, after copping a public 
relations flogging, Hardie agreed to wider funding, conditional 
on a "statutory" scheme.

Unions and asbestos groups expect Hellicar to seek shareholder 
endorsement of that stance in the days before Jackson's findings 
are released.

But Mr Banton says veteran director Hellicar's round of media mea 
culpas should be taken with a grain of salt.

"She had 12 years to be sorry", Banton said. "Now she is saying -
- all victims should be subject to a scheme — Hardie has been 
scheming against its victims since 1995."

Australian Manufacturing Workers' Union Secretary Paul Bastian 
said the proposal was what James Hardie had wanted from the 
beginning i.e. for the state to underwrite compensation payments 
to Australians killed by contact with its products.

"Hardie and their insurers want a capped statutory scheme because 
that is the best outcome for their share price", Mr Bastian said. 
"That has been their position since day one. Their motivation has 
always been their share price, rather than the victims.

"James Hardie is not the victim in this scandal."

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