Last men standing – Hepburn Shire Council crippled by latest legal action

Just two Hepburn Shire Councillors remain after a further three were stood down after being hit with criminal charges initiated by a local businessman on Monday.

In a statement, the Council confirmed Acting Mayor Shirley Cornish and fellow Councillors Lesley Hewitt and Pat Hockey are facing privately-initiated criminal prosecutions by local man, David Penman, who has previously served other members, including Mayor Tony Clark and Council Chief Executive Officer, Bradley Thomas, with charges earlier this year.

The latest legal action means five of the Council’s seven representatives are subject to automatic statutory stand-down provisions, leaving just two Councillors – Tim Drylie and Bryan Hood (pictured).

“The matters are proceeding as private prosecutions and, like the previous charges, have not involved any investigation, fact‑finding process, or assessment by Victoria Police or any public prosecutorial authority,” the Council said.

“Council is limited in what it can say publicly about these charges since they are before the courts. Council can say that it is bitterly disappointed with the impact that this individual’s actions are having on our community and its right to be represented by its democratically elected representatives.

“This move appears to be a purposeful manipulation of the Local Government Act 2020 intended not to address any reasonably suspected wrongdoing, but instead to disrupt Council’s elected representatives and the fulfilment of their functions, and to hamper Council’s ability to continue to serve its community.”

As a result of the private prosecutions, Council Meetings of any kind cannot proceed as a quorum cannot be reached, the Council confirmed in a statement.

“It is extremely important to note that Council’s day-to-day operations, like bin collection, library operation and road maintenance, will continue unaffected.”

The Council said it is continuing to work with the Victorian Government and relevant authorities to address these matters, and remains committed to maintaining strong governance, transparency and continuity of service to the Hepburn Shire community.

“Council continues to act in accordance with the Local Government Act 2020 and Council’s Integrity Policy.”

“As required by the Local Government Act 2020, Cr Shirley Cornish, Cr Lesley Hewitt and Cr Pat Hockey are all automatically stood down while this matter is managed through the appropriate processes.”

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