Jim McGinty

Jim McGinty

Attorney General; Minister for Health; Electoral Affairs

    Ex-gratia payment to Ray and Peter Mickelberg

    16/01/2008 9:46 AM
     
    16/01/08

    The Western Australian State Government will make ex-gratia payments to Peter and Ray Mickelberg.

    Attorney General Jim McGinty said the payments related to the brothers’ acquittal by the Court of Criminal Appeal in July 2004, in relation to the theft of gold from the Perth Mint in 1982.

    “The brothers will receive $500,000 each, which is in addition to the $658,672 they have already received to pay for legal representation during their appeals in 1998 and 2004,” Mr McGinty said.

    “The aim of an ex-gratia payment is to provide some recognition for the injustice that has been done, without attempting to provide full compensation.

    “There is no legal entitlement to ex-gratia compensation and there must be special or extraordinary circumstances before an ex-gratia payment will be considered.

    “Former Detective Tony Lewandowski admitted that police had fabricated statements and committed perjury which resulted in the jailing of the Mickelberg brothers.

    “What the police officers were found to have done, can only be described as a perversion of the system of justice of the worst kind.

    “No amount of money could ever compensate the Mickelbergs for the treatment they have received within the justice system.”

    Ray and Peter Mickelberg maintain that they should have received more substantial compensation.

    Ray Mickelberg served a little over eight years in prison, while his brother Peter served more than six-and-a-half years.

    This brings to a close any prospect the Mickelbergs may have had of recovering damages against the State of WA. However, the brothers are free to pursue civil claims against other individuals who were involved in the investigation of their case.

    Minister's Office - 9422 3000