The following story is featured in today’s Herald Sun. What concerns us more than the allegations, is the ongoing concerted character assassination – without evidence – ably abetted by Hyams and his masters. We draw readers’ attention to his alleged comments and ask –
- Is this how a Mayor should behave – judge, jury and executioner?
- How dare Hyams divine motive without ‘evidence’?
- How did the Herald Sun get hold of the story?
We find it totally reprehensible that Hyams has the gall to state that a fellow councillor is attempting to ‘flout the law…to make a profit’. Our conclusion: what a nasty piece of work this is!
Glen Eira councillor link to alleged illegal backpacker house
- Keith Moor
- From: Herald Sun
- June 04, 2012 12:00AM
AN alleged illegal backpacker hostel labelled as a death trap is being run out of a property owned by Sunday trading rebel and Glen Eira councillor Frank Penhalluriack.
Cr Penhalluriack’s own council recently sent a written warning demanding the hostel either be shut down or made safe. But the demands have so far not been met and the hostel in Hawthorn Rd, Caulfield, is still operating.
A Herald Sun reporter attempted to check in on Friday night, but was told every bed was taken. Sounds of a party in full swing could be heard coming from the house.
Glen Eira Mayor Jamie Hyams said it was extremely disappointing a councillor was allegedly “flouting the law like that to make a profit”. “These places are often potential death traps, not to mention the disruption they cause to the lives of neighbours,” he said.
But Cr Penhalluriack said if the property was being run as a backpacker hostel then it was happening without his knowledge. He said he rented it to a man with a wife and children about five months ago.
Council building surveyors last month inspected Cr Penhalluriack’s property, which is sandwiched between his Caulfield hardware store and garden centre, and found it was being illegally used as a boarding house. That inspection was prompted by a complaint from a nearby resident about rubbish problems and the “constant turnover of backpackers” at the house. There were nine backpackers living in it and paying rent to a tenth resident when the place was inspected on May 2.
Cr Penhalluriack yesterday said it wasn’t worth spending money on the property as he was planning to demolish it and turn it into car parking for his garden centre. He said he recently gave the tenants 30 days to leave.
Cr Penhalluriack’s protests against a ban on Sunday trading led to him being jailed for 19 days in 1984. The state government eventually allowed open slather trading in 1996.
moork@heraldsun.com.au
– with Jonno Nash
Glen Eira Debates 
June 4, 2012 at 11:11 AM
I’d like to thank the Herald Sun for revealing to all that Hyams is unfit to be mayor.
I am not a Penhalluriack supporter (not even in his ward) – objectively reading the article, the Herald states that Penhalluriack did not know it was a backpacker hostel, that he was not involved in running a backpacker hostel and that he had already given the tennants notice to leave. Obviously the Herald did more research than Hyams.
That Hyams, a lawyer, made the above comments rather than making a statement that Council was investigating and would take appropriate action is to my mind unconscionable. That there is no love lost between Hyams and Penhalluriack is not a surprise but what is a surprise Hyams’ made such damning unsubstantiated statements.
June 4, 2012 at 11:15 AM
For a lawyer or for any decent human being Hyams comments are beyond the pale. Instead of his usual circumspection and fence sitting on community issues we get this personal attack. He needs to look in the mirror and ask himself how many times he’s flouted the law as mayor in trying to gag Penhalluriack. There’s also the little matter of assisting his mate Esakoff over the heritage issue and making sure that developers make a heap despite outside heritage advice. He had no qualms then in spending ratepayers money and that’s only what we know of.
June 4, 2012 at 11:24 AM
Congratulations Jamie. You’ve single handedly dragged the role of mayor into the sewer. You’d be better off just keeping your trap shut cos every time you open it you give us residents an insight into the person you really are and it doesn’t paint a pretty picture.
June 4, 2012 at 12:14 PM
You’re a failed councillor. Now a failed mayor. The only thing you’ve ever done is cost ratepayers plenty of dough in 2005 and with all the lawyers now. Quit before you’re chucked out.
June 4, 2012 at 1:07 PM
What an appalling response from the Mayor. By any standards Hyams’s statement is malicious and smearing – that it was made in response to what is an allegation (that even the article says is unfounded) puts an end to any concept of fair play or innocent until proven guilty.
Hyams has definitely lost it and should be removed for conduct unbecoming.
June 4, 2012 at 3:43 PM
You lot are pathetic. This property is owned by Frank and is within his business complex. Ask him to produce a copy of the Lease. As Mayor ,I would be horrified if one of my Councillors was allegedly breaking the Law.Show us the lease Frank and I may believe you.Also Hyams has access to a lot more information concerning this matter than we have. If Frank is charged and found guilty then I will enjoy reading Glen Eira’s reasoning.
June 4, 2012 at 3:58 PM
I don’t know whether Penhalluriack has any case to answer or not. It’s reported that as the landlord he let his property without subsequent knowledge of what was going on and once this was discovered he gave notice to vacate. I can’t see anything else he was supposed to do in the circumstances.
Penhalluriack has now made the papers regularly. All articles have been sensationalist and negative. I have no doubt whatsoever that this is not coincidence but carefully planned and manipulated by those who hope to ensure his non re-election. Newton and Lipshutz would on the surface appear to have the most to gain from such antics. Newton would rid himself of a questioning councillor and Lipshutz would have Cambden ward sewn up – or so he would like to think. This makes Hyams role here even more intriguing. The comments attributed to him are, as others have already pointed out, totally inappropriate, and I would think very close to slander or defamation. I see Hyams attack here as more than duplicity but a means of shoring up the gang’s power base and, by serving Newton’s interests, serving their own.
Hyams’ statements should not be allowed to go unpunished. Whether they like it or not this will be a test for Magee, Pilling, Forge and Lobo to see whether their principles are real or expendable when it comes to to the dirty tricks political games of Hyams and others.
June 4, 2012 at 5:11 PM
Frank is an embarrassment to people of Glen Eira , when will this nutter go away … and why does this blog support him unconditionally on all matters…. without question……
June 5, 2012 at 7:45 PM
Yes agreed I struggle to see what value he adds to the community ..he is a source of conflict and great cost .. His ego is out of control…
June 4, 2012 at 5:26 PM
Sounds like we have a modern-day delator living up to their motto of audacter calumniare, semper aliquid haeret [“Slander boldly, something always sticks”]. Whatever the truth is, we have processes for dealing with breaches of Law and they don’t involve contacting the HUN.
June 4, 2012 at 6:05 PM
Not into Latin, but your point is correct. Throw enough dung and some of it will stick. They’ve got to remember that fingerprints are detectable and so is abuse of power.
June 4, 2012 at 6:31 PM
Well either Frank is the worlds worst businessman, is deaf and blind or is completely complicit in the goings on in his property. It has to be one of these three.
Good on the Mayor for bringing this to everyone attention and as with many ratepayers in Glen Eira, we look forward to seeing the end of that Penhalalluriack character at the next election.
It’s way beyond time to add his name to the Glen Eira hall of shame to sit along that of Goudge.
June 4, 2012 at 7:01 PM
I hope Penhalluriack stands again. Not only will will he get in ( and those he preferences) but he will increase his already record vote. The electorate aren’t as stupid as you think.
June 4, 2012 at 8:47 PM
Stacks of names should go on the Glen Eira Hall of shame plaque. First would be Wolf, Whelan, and Walsh for their failure to root out the real problems in Glen Eira which rests with the unelected moreso than the elected.
June 4, 2012 at 9:34 PM
Not to mention Esakoff, Lipshutz, Tang and Hyams – all of them tainted over their part in the Esakoff property heritage fiasco. If ever there was a blatant “one for the boys” the heritage issue was it.
June 4, 2012 at 7:14 PM
I wish the Mayor and Councillors would put as much effort into creating services and amenities for ratepayers as they do in trying to generate negative coverage about Cr Penhalluriack!!
June 4, 2012 at 10:08 PM
From the Minutes of 22nd March 2004 –
“Cr Hyams directed a question to Cr Erlich and referred to today’s Leader Newspaper in which he said Cr Erlich was quoted as saying; ‘what we have here is good triumphing over evil, it is not a matter of who is going to perform better it is a matter of doing what is right and lawful’ and asked whether from the quote he could be led to believe that Cr Erlich voted for the Councillor who he did not think was going to perform better.
Cr Erlich responded saying that he had two Councillors, genuine Councillors, who were standing for the Mayorality and one he did did not trust after the vote, after the secret ballot and the other he did. He said he did not trust Cr Hyams.”
June 4, 2012 at 10:15 PM
Yes, Hyams’ statement is pretty appalling. But hardly surprising. Par for the course really.
Neither is it surprising that Frank has again shown that self-interest takes precedence over everything else.
If the report is accurate, we are expected to believe that although a neighbour noticed what was happening, Frank (whose shop totally surrounds the house) was completely unaware.
Surely when council officers inspected they would have notified the owner.
And Frank says he has given the occupants 30 days notice – presumably not because it was being used as a backpackers or he was concerned about the impact on neighbours – because in his own words he was unaware of what was happening.
It just doesn’t add up Frank.
I really wish you would stop giving Council so much ammunition to fire back at you.
June 4, 2012 at 10:57 PM
You could be right but also dead wrong in your conclusions. The paper says the place was inpsected May 2. That would mean that Penhalluriack was notified after this – the “recently”. We also don’t know if the neighbour complained to Penhalluriack or just went straight to council. Most people I’d say would go to council if they thought something illegal was going on rather than the landlord. The business might surround the house as you say but that doesn’t mean that he visits the place or knows who comes and goes or watches it like a hawk. Penhalluriack mightn’t be an angel but he sure doesn’t deserve to be railroaded like this. Muck raking is becoming a council speciality.
June 4, 2012 at 11:18 PM
If you believe Frank didn’t know what was going on in a property adjoining his business, owned by him, and leased by him, then I hope you look forward to Santa coming on 25 December. Sometimes you have to pull your head out of the sand and confront reality.
June 5, 2012 at 8:54 AM
Just imagine a boarding house opened up next door to you. It is full of backpackers partying and drinking every night. Would it bother you? I think slicing your eyeballs out with razor blades and pouring salt in the wounds would be more enjoyable!. Usually these slum landlords live in Toorak far away from the mess they have created so they are oblivous to what is going on but this takes the cake! Imagine the money you could make $50 each * 10 per night = $500 a night!. I spose if you lived next door to this you would be oblivous to the noise, rubbish and smell cos you would be raking it in!
June 5, 2012 at 10:06 AM
Strangely enough I wrote to Glen Eira Council about an ordinary home which is being used by about ten students feom overseas and it did not receive a reply. In fact I have a hunch even one of them is living in the garage.. because the garage cannot ever accomo=date the cars which the overseas students were vever going to drive.
Oh but I forgot it’s in the CAMDEN SLUMTOWN and the owner is not famous (he/she probably lives overseas) so its not worth persuing is it as there could be no potential political gain from this group of powerful personalities at council.
I thought “A town planning permit” had to be obtained of four or more paties live in a dwelling for registration as a boarding house… and I have not seen one yet so the letter felkl into the bin I suppose.
These situations can usually only be seen by locals who live near and or walk past and I can understand why FP has not noticed this as he would never be around in busy Hawthorn Road for long enough to prove who came out the gate anyway. Maybe the person who rented it from him as a favour has a few questions to answer Mr. Hyams.
June 5, 2012 at 3:32 PM
It is an offence to susb-let rental property without property owner’sw agreement. Did that Mayor check if permission had been goivenbefore he sprouted an unfounded opinionto the daily press?????? Did he ask the rentor what the situation was??????/
June 5, 2012 at 7:42 PM
I’m sick of frank being painted as innocent and set up , independent state government agencies have labelled him as a self serving bully that he is … The sooner he leaves council, then council might become more efficient in dealing with real matters instead of time wasting frank
June 5, 2012 at 8:42 PM
Go back to Kingston Jon…and you can take the gang and Newton and Burke with you, thanks.
June 5, 2012 at 9:16 PM
Mayor, how would you like it if you rented a property and the owner stood outside at all times studying who came and went through the gate. Would you like your landlord to stand where the guards stand at the JEWISH ESTABLISHMENT OR ON THE SAME SIDE? Do you think these professional guards would call the police and charge the “investigative owner” with loitering or something like that. This is a non-sensical situation you have taken up this time really… just oh so petty. If the owner of a property has any idea a property is being used for another purpose then he has to give notice of a day or so to even go in the fron gate for inspection and there may be no evidence by then as to the use of property.
June 7, 2012 at 2:11 PM
Have a look at page 16 of the Herald Sun.
June 7, 2012 at 2:51 PM
so what is on page 16?
June 7, 2012 at 2:55 PM
just saw it. Gosh council has a vendetta against him or he really is running a boarding house. Cant wait for the verdict of the Frank lovers on this
June 8, 2012 at 11:32 PM
Frank is a disgrace to the team of Councillors and is certainly a bully. The only Councillor that supports him blindly is Cheryl Forge even from her sick bed.