Family denied aid after boat tragedy
03.09.2009



By: Tony Koch

A TORRES Strait Islander who has to look after his four grandchildren because their mother died when an Immigration Department vessel sank in 2005 has been refused government financial help because his request is outside the statutory three-year claim period.
John Saub and his wife are the sole carers of the four children, aged from seven to 15.
Their mother, Valerie Saub, was one of five islanders who died when the Immigration vessel Malu Sara sank while sailing between the islands of Saibai and Badu.
A coronial inquest later made serious findings against Immigration Department senior official Garry Chaston and Queensland police sergeant Warren Flegg. State Coroner Michael Barnes was also critical of boat builder Don Radke, who was responsible for building the Malu Sara, which was found to be grossly unseaworthy.
Mr Barnes said the sinking of the vessel was ``a foreseeable and totally avoidable disaster that resulted from official indolence and incompetence''.
He reported that the five islanders who died were mocked by Sergeant Flegg and rescue officers when they made distress calls by satellite telephone.
Mr Barnes said Immigration Department regional manager Garry Chaston left the rescue to a junior officer while he ate dinner with his wife.
He had known the Malu Sara had taken water earlier that day on Saibai Island, yet still instructed the skipper, Wilfred Baira, to take it on the 74km voyage to Badu Island. And Mr Chaston had known Baira was unlicensed and the Malu Sara had no chart, radio, global positioning system, depth-sounder or electronic pump and was travelling across open seas in heavy winds at night.
The Saubs' solicitor, Laura Neill of Maurice Blackburn in Cairns, said yesterday she had written to the Queensland government to reconsider its rejection of the family's request for dependency compensation.
``The Coroner's decision did not come down until after three years had expired, so we are now being required to make an application to the Supreme Court to extend the limitation period for a claim,'' Ms Neill said.
``You would think they would be doing all they could to assist the families rather than keep putting barriers in their way.''
Premier Anna Bligh said yesterday the time limit on claims was discretionary ``and I'm very happy to have a look at it''.