From Diamond Valley Leader
Magistrate dismisses Nillumbik councillor’s case
- 15 Jun 12 @ 03:37pm by Raelene Wilson
CONFLICT of interest charges against a Nillumbik councillor were dismissed by a Heidelberg magistrate this afternoon.
Magistrate Michael Smith dismissed two charges against Cr Belinda Clarkson involving allegations she failed to declare a conflict of interest during confidential items discussed at a 2010 council meeting.
The Local Government and Compliance Inspectorate charged Cr Clarkson in July 2011 over the alleged breaches of the Local Government Act. Cr Clarkson denied the breaches, saying she believed she met conflict of interest exemptions under the Act.
COMMENT:
Our faith in the justice system has been fully restored with a decision in the Heidelberg Magistrate’s court today which dismissed all charges of conflict of interest against a Nillumbik Councillor. The brief background is that council had originally sent this councillor to a Conduct Panel. The councillor asserted her legal right to defend her reputation at VCAT. Nillumbik council, realising that the costs would be atronomical, withdrew. However, the Local Government Municipal Inspectorate then stepped in and laid charges that went to the Magistrate’s Court. Today, all these charges were thrown out and costs (which we estimate to be close to $200,000) awarded against the Inspectorate.
At the heart of this issue, which bears many similarities to the current witch-hunt against Penhalluriack, was the question of natural justice and the performance of administrators. It was quite illuminating to see the Nillumbik CEO in the witness stand sweating and mumbling under cross examination by Hore-Lacy trying to defend the indefensible and his role in the entire saga.
We only hope that this decision is a stern warning to all those who believe they can stomp on individual rights, ignore the basics of natural justice, and in the process waste hundreds and hundreds of thousands of ratepayer and taxpayer funds. The judgement also represents a stern warning to councillors who, as in the Nillumbik case, came out with egg on their face for their collusion in what was shown to be allegations without foundation.
Glen Eira Debates 
June 16, 2012 at 10:15 AM
Ever since Frank started asking questions about the MRC and the Caulfield Village Development, there have been these allegations of bullying. Why did Newton have these ‘secret’ meetings with Alasdair Robertson and Brian Discombe? Did Newton sign off on the agreement with the MRC knowing that it was never going to be actioned? We need our Councillors to question more and stand up rather than let this witch hunt continue.
June 16, 2012 at 11:47 AM
Absolutely agree with previous comment. The council elections are coming- lets not miss this opportunioty- we need to vote in strong independent thinking councillors who will fight for residents./local ciommunity- not vote againts us as is the case currently!
June 16, 2012 at 11:52 AM
I’m not familiar with the events surrounding this case. However if all these funds have been used to stifle free speech and to gag a councillor because she insists on getting to the truth on certain issues, then her victory is to be applauded. I agree with the comments that this should be a stern warning to those who pretend to uphold democracy in Glen Eira yet have repeatedly and too often successfully gagged the only councillor who is prepared to ask the difficult questions and attempts to get some answers. Witch-hunts went out with Salem. They have no place in 2012.
June 19, 2012 at 10:34 PM
A councillor with Cr Clarkson in her first term, 2002, I like a vast majority of right minded people in Nillumbik have been totally aghast at the “WITCH HUNT”, Nillumbik Councillors and The Inspectorate have engaged in, they need investigating. If they had been using their own money they would not have gone to first base. They have placed Cr Clarkson, her husband and four children in an ongoing nightmare for several years, this has cost the family enormously both emotionally and financially, time for those engaged in the “WITCH HUNT” to pay the piper, they most definitely nee3d to pay, need to be held accountable.
June 20, 2012 at 10:22 PM
A follow up –
Nillumbik councillor charges dropped
Council
20 Jun 12 @ 05:00am by Raelene Wilson
CONFLICT of interest charges against a Nillumbik councillor have been dropped by a Heidelberg magistrate.
Magistrate Michael Smith dismissed two charges against Cr Belinda Clarkson involving allegations she failed to declare a conflict of interest at a council meeting on December 21, 2010.
The Local Government Compliance and Inspectorate charged Cr Clarkson in July last year, alleging she breached the Local Government Act when she participated in a confidential discussion about the council’s case against her at the Victorian Civil and Administrative Tribunal.
Cr Clarkson denied the breaches, saying she believed she met conflict of interest exemptions under the Act.
In his written decision, Mr Smith said he was satisfied Cr Clarkson’s belief was “honestly held”.
He also referred to a second reading speech of the Act in Parliament that noted the exemptions protected “a councillor’s right to defend their own actions in a council or committee meeting that is considering their conduct as a councillor”.
“Having considered the relevant provisions of the Act, and the relevant case law, I am of the opinion that a defence of honest and reasonable mistake as to fact is available for a person in the position of the defendant,” Mr Smith said.
Outside the court, Cr Clarkson said she felt “relieved”.
“These charges should never have been brought to court,” Cr Clarkson said.
“This has been a stressful period for me and I look forward to continuing to act in the best interests of my constituents without further distraction.”