Criminal charges laid by a private resident against five Hepburn Shire Councillors and the Council’s chief executive have been dismissed after Victoria’s Director of Public Prosecutions (DPP) intervened in court proceedings today.
Mayor, Tony Clark; Councillors Don Henderson, Shirley Cornish, Pat Hockey and Lesley Hewitt, and Council CEO, Bradley Thomas, were facing misuse of public office charges brought by local businessman, David Penman.
In accordance with the current Local Government Act, the private legal action forced the Councillors to stand down until the matters were dealt with, leaving just two serving Councillors and effectively shutting down the Council.
Today, the DPP appeared in Ballarat Magistrate’s Court to take over the charges, before then successfully applying to have them dropped.
Hepburn Shire Council has confirmed all five councillors will now be reinstated.
Speaking outside court, Mayor Clark spoke on behalf of his fellow Councillors, saying he was “extremely pleased” with the outcome.
In a statement, the Council said the DPP had reviewed all the evidence and determined there were insufficient grounds to proceed with the private prosecutions.
“Once the charges are formally withdrawn by His Honour Magistrate, Councillors will be reinstated under section 228(5)(a) of the Local Government Act 2020.
“This is a great outcome for democracy and our community,” the Council stated.
In a statement, Rural Councils Victoria welcomed the dismissal of the “baseless” criminal charges but warned the decision does nothing to remove the legal loophole that allowed the situation to develop.
“The underlying legislative flaw still remains unresolved,” said RCV Chair, Rob Amos.
“Until the Victorian Government changes the law and closes the loophole that forces councillors to stand aside for private criminal prosecutions, the threat will continue.”
“We urge the new Premier, Ben Carroll, and the new Minister for Local Government, Tim Richardson, to fix this flawed law as a matter of urgency.”
Outside court, Mr Penman told waiting media he would accept the DPP’s decision.
The businessman will return to court later this month, with the Council and former CEO, Bradley Thomas expected to seek payment of “significant costs” incurred as a result of the proceedings.
