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- Jul 18, 2013
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It would feel like a kick in the guts for the families for sure but that's the nature of compensatory damages that take account of reputational harm. Damage to a person's reputation can be valued quite highly depending upon their earning potential. On the other hand, the families' compensation is based on emotional suffering, which is considerably more subjective and difficult to put a value on.It would be a complete farce if Clarko, Fagan and Burt walked away from this with more money than the people who made the complaints.
And that's not their fault or the complainants fault.
It's no consolation to the families, but I imagine both Clarko and Fagan would not keep the money but would make a large contribution to indigenous community services. At least after legal costs are covered.