“This class action doesn't return my family to me but it does send a strong message to large corporations to be responsible for their assets…”
- Darrin Gibson, who lost his wife and three children during the Victorian Black Saturday bushfires.
Parkes man Darrin Gibson who lost his wife and three children in the Victorian Black Saturday bushfires, believes last week’s court decision of a $500 million class action payout to victims has sent a strong message to large corporations that they will be held accountable for poorly maintained assets.
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More than 170 people lost their lives in the bushfires – one of the worst disasters in Australia’s history.
It has now been determined that a power conductor on a poorly maintained power pole failed when struck by lightning, resulting in the fire.
Darrin’s wife Lesley and children Kiona (4 and-a-half), Jye who had celebrated his third birthday the day before the tragedy and Ava (18-months) all perished in the Kinglake West fire of February 7, 2009.
Darrin escaped with horrific injuries to his feet, legs and arms.
The class action was lead by Carol Matthews whose son Sam was killed in the fire.
Evidence was heard by Justice Forrest from group representatives including those that incurred injuries, lost family members, had their houses destroyed and sustained economic loss during that fateful day.
“I was the group spokesperson for this category; that is those who had suffered physically, mentally, lost family members, sustained property and economic loss,” Darrin said.
“14 months ago I sat in the witness box and retold my story.
“It was a very difficult thing to do and I had to take several breaks throughout the day-long session.”
Darrin said one of the big issues to emerge during the class action was the fact a media release that had been prepared advising people to get out of the Kinglake area earlier in the day hadn’t been released.
“Like many others in the area we had been monitoring radio and other media. If this media release had been broadcast we would have got out and Lesley and the children would still be alive,” he said
“For me, this week’s decision is very important.
“Important that a company such as SP Ausnet succumb to financial pressure for failing to maintain an asset such as their power pole in a bush setting.
“And while they don’t accept liability for the fire, the penalty imposed hits them financially in the hip-pocket.
“Hopefully, at the same time, it makes other corporations sit up and take notice.
“This class action result doesn’t return my family to me but it does send a strong message to large corporations to be responsible for their assets in an attempt to avoid further loss and suffering,” he said.
The horrific fires forever changed Darrin’s life and the lives of thousands of others.
Now settled in Parkes with partner Deb and their three children, Darrin said the class action had never been about the money.
“I have a life now with my wonderful partner Deb, her son Jackson, our fostered son Lindsay and soon to be fostered daughter Florence,” he said.
“The money is insignificant.
“Financially we are surviving on my superannuation and a small allowance from Veterans Affairs, the result of seeing action in Iraq, Cambodia, Solomon Islands and Bougainville through my 20 years in the army.
During those years he served with three regiments including Royal Australian Artillery, Royal Australian Corp of Signals and Royal Australian Engineers.
Darrin retired with the rank of Corporal.
After the tragedy, he decided to return Parkes where he was born
“It was a great decision.
“The love and compassion shown to me from day one has helped get me through the tough times.
“Now with Deb by my side it is a new life for us both thanks to the support and generosity of spirit from this wonderful community,” Darrin said.
Darrin received a Bravery Award from Governor-General Maree Bashir for the way he desperately attempted to save the lives of his family.
He has perfect recall of Black Saturday, of the fire that came over the hill so quickly that it gave him and his family little time to escape.
Of trying to shelter, first inside their home and then outside as fire engulfed the house.
The decision was then made to run 50 metres towards a dam, sheltering on the way behind tree trunks to avoid intense heat from other exploding trees and shrub fire.
After throwing baby Ava over a barbed wire fence towards the dam, Darrin then ran back into the inferno to look for Jye, without success.
Darrin remembers hearing his wife crying out 'I can’t move' as she held Kiona before the fire claimed both their lives.
Despite horrific burns to his feet, Darrin jumped the fence and brought Ava, who was murmuring, to a shallow pool left in the dam, where they stayed two hours.
With flames and smouldering embers all around him Darrin, holding Ava, staggered about half a kilometre until they were rescued by neighbours and driven to safety.
Ava died in the Royal Children’s Hospital three days later when her tiny body could no longer keep going.
Darrin didn’t know he had lost his family until he woke from a medically-induced coma in The Alfred hospital more than a month later.
He lost all his toes, and while in hospital underwent skin grafts to his back, feet and hands.
More than seven years on from that horrible day, Darrin is still undergoing treatment on a regular basis.
He still faces the possibility of having his legs amputated.
A horticulture student before Black Saturday, Darrin enjoys gardening.
He and Deb purchased a six hectare property off his uncle Jack on the eastern edge of Parkes and have carried out extensive renovations to the old house.
“We have a little property complete with sheep and chooks in a quiet, peaceful country environment.
“It’s our little piece of heaven”
- Darrin Gibson