the medical evidence.....

The Insurance Commission obtained a number medical opinions from a variety of experts.

The Insurance Commission Case Manager John Langton handling my claim contacted his brother to write an expert medical report for ICWA. Although this doctor never reviewed me in person, it was the only report that ICWA presented at trial. Despite three other reports commissioned by ICWA, Dr Paul Langton's report was the only report critical of my claim that ICWA presented at trial.

ICWA likes to argue that I could have perused the other experts' reports which ICWA's had obtained from independent medical experts.

At the time of the trial, ICWA claimed privilege (meaning documents cannot be used under any circumstances) on the most critical report from their psychiatrist, Dr. Peter McCarthy. Additionally, ICWA insisted that if I wanted to submit any of their (ICWA's) expert opinions as evidence, I would have to call the expert to testify at the trial.

ICWA was insisting that any of my experts' opinions we wished to use at trial would have to be called individually to testify at trial. The need to call every single one of my experts caused a cost blowout of $30.000 to $120.000 in witness costs alone.

ICWA's legal team initially agreed that many of our reports could be submitted without calling the expert witness to testify. This was meant to speed up the proceedings and not waste the court's time hearing multiple experts of the same field saying the same thing. Insisting that the plaintiff calls every expert on whose report he is relying simply serves the purpose to increase the plaintiff's financial damage which this is exactly what happened. In the end, I simply could not afford to pay for their experts to appear as well. It is important to note that an expert witness charges an average of $5.000 to $10.000 per day for his time. There is also a peculiarity in Western Australian law where the party calling a witness can only question the expert on the contents of his report and what it says. The cross examining barrister, however, is free to tear into the witness and try and discredit the witness. Therefore, not only would have had the doubtful pleasure of paying for ICWA's experts to appear at trial, but I would also have given ICWA the chance to try and discredit the report and testimony of their own experts. In the end we were unable to call these experts, solely out of financial considerations. I

If the same rules were applied as for claims settled out of court, ICWA would have had supply ALL the evidence they had obtained themselves to the judge, so that she/he at least has a chance to make an informed decision instead of an arbitrary one. The WA Attorney General, however, sees nothing wrong in how cases being heard before court and those settled out of court are treated fundamentally different.

ICWA and its legal team will not only obtain reports from medical experts, they will also engage the services of private investigators to track you and look into your past. In my case, I was investigated by two local PI firms. Nothing useful was found, but this did not stop ICWA again from claiming privilege over the reports, because they documented some illegal actions carried out by the PI's, on the instructions of ICWA.  Both parties are meant to exchange all documents in their possession. Claiming privilege over documents(not releasing/discovering a document) cannot be used to hide illegal actions, but that does not stop ICWA from doing just that.

However, in 2014 I made a Freedom of Information (FOI) application to ICWA and as a result a number of documents were released that had never previously been discovered, including the two reports from the detective agencies mentioned above. Because our home was obscured from view from the street, ICWA instructed the agency to trespass onto our property on several occasions. Although no incriminating evidence was found by the agencies, ICWA did not release the reports because of the criminal behavior of the agencies in trespassing onto our property to observe us in and around our home.

As a result of this new evidence and new additional evidence regarding ICWA's expert witness, Dr Paul Langton, being in great financial difficulty at the time he wrote his opinions and being paid the largest fee ever paid by ICWA to a doctor for medical opinions. Plus, Dr. Paul Langton, later being struck off as a doctor by the Australian Health Practioner Regulation Agency (AHPRA), amongst other things for supplying his drug addicted teenage girl friend with morphine and administering morphine and other drugs to himself; I made a second attempt to have ICWA investigated by the CCC for instructing a private detective agency to trespass onto our Kalamunda home, to observe us in and around our home and ICWA using an expert who was not only the brother of the ICWA case manager responsible for my case, but a doctor with such a questionable reputation! Once again the CCC refused to investigate the matter! A Mr. M. K., a former ICWA employee who was initially involved in my claim and now a whistleblower about ICWA's tactics, also made a complaint to the CCC regarding ICWA's Senior Case Manager John Langton and ICWA's serious Conflict of Interest in how ICWA handles claims. Mr. M. K. was actually the ICWA employee who instructed the ICWA's private investigators to trespass onto our Kalamunda property. In his defence however, he only did so because he was instructed by his superiors to do so! The CCC forwarded Mr. M. K. complaints about ICWA to the CCC for investigation and response. The CCC then proceeded to close Mr. M. K.'s file immediately. ICWA off course has never responded to Mr. M. K.'s complaints.

I am supplying mainly ICWA's reports for viewing, not because I have something to hide, but because a supportive report from the other side (ICWA), is more valuable at trial than a report from your own experts. I have however included a copy of the book of expert medical reports, that were used at trial and made available to the judge. Again, I must emphasize, that ICWA withheld every report, except the ones it obtained from ICWA's Case Manager's brother, Dr. Paul Langton.

ICWA's Expert Medical reports:

Updated 16 May 2020 JPS