First witness at Glen Eira councillor VCAT hearing
14 Aug 12 @ 04:55pm by Andrea Kellett
Mr Jones was the first witness in the seven-day VCAT hearing and later council’s Community Relations director Paul Burke was questioned.
Other witnesses will include Glen Eira Council CEO Andrew Newton.
A court order prevents Leader Newspapers from publishing details of witness evidence until all witnesses have appeared before the tribunal.
Cr Penhalluriack is fighting four allegations of misconduct relating to statements he made in writing about senior officers, his refusal to attend bullying training, alleged conflict of interest and alleged misuse of position.
In April, Victorian Ombudsman George Brouwer recommended the council take Cr Penhalluriack to a councillor conduct panel as a result of five breaches of the Local Government Act.
Mr Brouwer investigated a series of harassment claims against Mr Newton, which related to Cr Penhalluriack campaigning to close a free council-operated mulch service while his Caulfield hardware store sold mulch in bags.
Cr Penhalluriack rejected an in-house conduct panel hearing, preferring to be heard at VCAT.
The hearing continues.
Glen Eira Debates 
August 14, 2012 at 5:51 PM
It’s bloody fantastic to see the likes of Newton, Burke, Jones up there and squirming under 4 to 5 to 6 hours of cross examination. This ain’t council meeting bullshit anymore but real accountability. Go Frank!
August 14, 2012 at 6:36 PM
I hear that poor Mr Burke is suffering from amnesia big time and that Jones must be suffering from diabetes since he drank gallons and gallons of water during his inquisition. Blushing bright red was also a huge problem.
August 15, 2012 at 1:35 AM
Quite frankly it’s time this all stopped. It is a useless argument that resolves around he said, she said and there are two sides to evey coin. It boils down to unprovable bullshit and it is costing residents heaps.
Council’s credibility, which was already pretty low, is suffering. Personally the only good thing I see coming out of this is the light shedding on Council’s credibility ie. on the Adminstration’s agenda/maniputations and Councillor’s blind following despite their lofty ideals and election promises.
The price ratepayers pay for this light shedding is extemely steep and should have never ocurred – basic decency, ethics and morals confirm that it should never have come to this, unfortunatey it has and I just hope real change occurs as a result.
August 14, 2012 at 7:53 PM
I hope none of Frank’s lawyers raises their voice to any of the Council staff. This would surely constitute bullying. The lawyers may find themselves being charged. Frank’s style is may be robust nothing more.
August 14, 2012 at 11:07 PM
What I want to see is if Frank has the guts to stand in the wittness box and subject himself to examination. I doubt it.
August 15, 2012 at 12:46 AM
Dunno why you woould doubt this … read his Council bio – a man of his convictions who led the way to weekend trading. Also unlike the ordinary residents (and I am one of them) he is willing to take Council head on – says alot about what society and Glen Eira has come to mean doesn’t it.
August 14, 2012 at 11:10 PM
Moderators, do you know when Newton is to appear as I am sure there are a number of residents who would like to hear his tale of humiliation first hand. After all we have so far only heard it second hand through the O’Neill Report which we paid for.
August 14, 2012 at 11:11 PM
We suspect that this will be Thursday and perhaps tomorrow afternoon.
August 14, 2012 at 11:14 PM
Interesting word used by the Journalist. A Court Order. I thought that according to some fool out there VCAT was not a Court. Also could someone tell us if the Order is a result of the Defendants request to the Court?
August 14, 2012 at 11:40 PM
Common sense would dictate that in all jurisdictions where there are days and days of testimony and cross examination, that witnesses are not to discuss their testimony with anyone. In fact, witnesses do not even hear each others testimony. They sit outside and wait until they are called. This is normal practice and if memory serves us right Council’s lawyers issued this warning to their witnesses!
August 15, 2012 at 3:14 PM
“From time to time, a legal textbook becomes so well known in its particular area of expertise that practitioners in that area refer to it simply by the name of its author. Archibold and Fleming come to mind. Jason Pizer’s “Annotated VCAT Act” is rapidly approaching that iconic status.”
—Judge John Bowman, Acting VCAT President
So is the fool referred to above by anonymous, Jason Pizer or Judge John Bowman?
Further, s98(1)(b): “[The Tribunal] is not bound by the rules of evidence or any practices or procedures applicable to courts of record, except to the extent that it adopts those rules, practices, or procedures”.
s101 gives the Tribunal the power to direct a hearing or part of it to be held in private, and to order that evidence given before it not be published, or place restrictions on how and to whom the evidence can be published.
It still doesn’t make the Tribunal a Court. BTW the VCAT Act is freely downloadable and searchable. I doubt many journalists have read it.
August 15, 2012 at 9:43 AM
Obfuscation at it’s best Glen Eira.A Court Order is not normal and the question still stands as to whether the Defendant asked for the Order. Why not answer the Question? Further you know when Mr Newton is appearing so the question is when is Frank appearing?