Dying asbestos campaigner Bernie Banton has secured one last, bittersweet victory - an agreement to settle his latest compensation claim.
Enduring the final stages of aggressive peritoneal mesothelioma, Banton is scarcely able to speak, but confirmed to his wife yesterday that he wanted to settle with the buildingproducts giant James Hardie.
But blinking back tears, his wife Karen said her 61-year-old husband - who may have only days to live - would be "satisfied and relieved" by the outcome.
He gave 45 exhausting minutes of evidence from his hospital bed yesterday, part of his claim in the Dust Diseases Tribunal for compensation and exemplary damages from James Hardie. His lawyers formally opened their case against the company yesterday, tendering dozens of damning internal company memos showing the extent of their knowledge about the deadly risks of asbestos dust in the 1960s.
Before Karen Banton could take the stand, James Hardie made a confidential offer of settlement.
It was a relief for Banton's family and legal team, who were prepared for a series of late-night and weekend tribunal hearings to finish the matter before he dies.
"I'm just numb, I couldn't even say I'm happy," Karen Banton said. Her eyes filled with tears as she spoke of "my Bernie" and his struggle for justice.
