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LAWYER REVEALED AS SMOKING SOURCE


A FORMER senior partner at Clayton Utz, Christopher Dale, has outed himself as the source of a damaging leak of secret internal documents published in The Sunday Age late last year.

The leak sparked an investigation by the Director of Public Prosecutions over whether criminal charges should be laid against a former high-profile Clayton Utz lawyer, as well as inquiries by legal services commissioners in Victoria and NSW.

Mr Dale said he leaked hundreds of pages of a secret Clayton Utz investigation because he believed there had been a miscarriage of justice in the 2002 case involving lung cancer victim Rolah McCabe.

"I believed there may have been a fraud committed on the Supreme Court of Victoria and that a full investigation was required," he said.

Mr Dale is a former president of the Law Institute of Victoria, a former board member of Clayton Utz and a member of the Victorian Supreme Court's rules committee.

He was expelled from Clayton Utz in August last year, after more than 19 years with the firm, but denied this was behind his decision to leak the documents to The Sunday Age.

"It's quite plain there's a great sense of miscarriage of justice in the McCabe camp and I might say some basis to reopen the matter. So what do you do? Do you just sit on that? . . .

Mr Dale, a commercial and insolvency lawyer, was appointed in 2002 to conduct an internal investigation into Clayton Utz lawyers who had acted for British American Tobacco when it was sued by mother of four Mrs McCabe.

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