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NEWS photo Cindy Goodman

NORTH. VANCOUVER Liberal candidate Mobina Jaffer put on
a brave face Menday night, despite losing her federal elec-

tion bid. .

_ $3M offer revealed in |

WY lawyer’s fee review |
“MR. JUSTICE Allan D. Thackray of the B.C. Supreme &
Court heard final evidence:last Thursday in the inquiry into

the’ $500,000 fee’ West Vancouver malpractice lawyer Ray-
mond MacLeod is attempting to collect.

Michaet Nathan. Harrington was
born permanently — brain-injured

“on July 26, 1988, at Royal Inland.

Hospital in Kamloops after being

deprived of full oxygen flow. for.’

as much as one hour. in the final
labor of - his mother, Charisse
Harrington. _

-The child was effectively dead
at birth until being revived 13
minutes later. :

Royal Inland Hospital conceded
negligence in monitoring the fetal
heart rate. :

The lawsuit was settled - out-
of-court on June 4, the day ‘be-
fore the trial was set to start.

MacLeod’s $500,000 fee sparked
an unprecedented review by
Thackray, who interrupted a civil
jury trial to preside over a half-
day of testimony in the fee review
on Thursday.

Joe Battista of North Van-
couver, MacLeod’s original lawyer
in .the review, told the court he
didn’t see a May 17 letter from
MacLeod to hospital. lawyers

‘ detailing a $4.5 million claim until
a few days ago. .

“But the amount was pie-in-
the-sky -—— I do a lot of head in-
jury cases, and we never get
awards that high,”’ Battista said.

Battista testified he was un-
aware that MacLeod had fater
made a formal offer of over $3
million.

“*MacLeod told me his realistic
negotiating started at $2.2 million.
I now know the offer of $3 mil-
lion was. unilaterally dropped to
$2.2 million.”

The News has obtained a memo
from Justice Kirsti Gill, fully ex-
onerating Battista from any in-
volvement in MacLeod’s failed
attempt on July 19 to have her
approve the fee behind Thackray’s

back.

. By Brent Mudry
Contributing Writer

“MacLeod retained’ Darrell

~ Roberts as his new lawyer ‘after
“the incident.

‘Thackray asked Battista to ex-
plain his. testimony that Harr-
ington was not a severe case and
that ‘‘the child only needed
parental supervision.”

Days after settlement, MacLeod
urged a prompt approval from the
deputy public trustee, noting the
child urgently required counsel-
ling, therapy and early medical
care.

‘‘MacLeod told me the boy ap-
peared normal, although with
deficits, and I understood the im-
mediate care was just for counsel-
ling,”’ Battista testified.

Under ‘cross-examination by
Barry Kirkham, lawyer for the
public trustee, Battista conceded
his duty was to represent the
child’s interests in the settlement
review, although he was retained
and will be paid directly by
MacLeod for both the fee and
settlement review,

Jill, Pegusch, in-house fawyer
for the deputy public trustee’s of-
fice, testified she first heard of the
higher numbers after her office
and Thackray approved the set-
tlement.

“I knew $1.5 million was the
result of negotiation, but not that
it started at over $3 million. I felt
we hadn’t given up that much.”’

Deputy Public Trustee June
Laker’s affidavit reveals contin-
gency fees in infant malpractice
cases range from 25% to 35%,
but she strongly argues the

See Final arguments pave 18

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