Glen Eira councillor’s VCAT case aborted
15 Aug 12 @ 05:07pm by Andrea Kellett
Glen Eira councillor Frank Penhalluriack.
THE MISCONDUCT hearing against Glen Eira councillor Frank Penhalluriack has been abruptly halted.
Cr Penhalluriack was at the tribunal answering a series of misconduct allegations. VCAT senior member Robert Davis disqualified himself at 4pm today after it was revealed he was friends with another Glen Eira councillor, Cr Michael Lipshutz.
“I’ve known him for years,” Mr Davis said. “I have a social acquaintance with him.”
The hearing heard Cr Lipshutz was not expected to be a witness in the case, but that changed when Cr Penhalluriack amended his witness statement last night.Glen Eira Council’s legal team spoke with Cr Lipshutz during today’s lunch break, when his connection to the senior tribunal member was raised.
Cr Penhalluriack said he was very disappointed. “It’s cost the council a lot of money and it’s cost me a lot of stress and time,” he said.
Mr Davis has adjourned the matter to a directions hearing on September 6.
Glen Eira Debates 
August 15, 2012 at 6:54 PM
This is the most appalling miscarriage of justice that I have ever heard of. It’s astounding that after three full days of a case that the member decides to disqualify himself today. He should have disqualified himself at the time he was appointed. More than that, I believe that he should not only be reprimanded but struck off the VCAT list.
It’s beyond the realm of all possibility that he didn’t know that Lipshutz was involved and was a councillor at Glen Eira. The charges weren’t laid by Newton they were laid by Council and that includes Lipshutz.
Whatever little faith one might have had in the institutions of our society, they are all fallible and open to corruption such as this. This doesn’t get Lipshutz off the hook either. He would have surely known who the member was. Did he say anything to anyone, or just kept mum since it would suit him down to the ground not to have the case decided before the upcoming election.
I just hope that the good people of Camden ward see this for what it truly is. Nothing more than further back room wheeling and dealing. It’s disgraceful.
August 15, 2012 at 7:26 PM
The reality is that Lipshutz would be known to many VCAT members, judges, magistrates etc etc – that’s his profession and Melbourne legal fraternity is not that big. It only became a conflict when the witness list was altered to include Lipshutz.
Round 1 to Frank in any case.
August 15, 2012 at 7:44 PM
Disagree, it becomes a conflict of interest from day 1 or at the time of appointment. Lipshutz is part of a council who are the accusers. That should immediately disqualify any member from hearing a case when his friend is part of the litigants and in fact filed the claim in the first place to the Councillor Conduct Panel. There’s not any room for legal niceties here. Letting this go on for 3 days is inexcusable.
August 15, 2012 at 8:18 PM
We’ll agree to disagree, but why don’t we see whether Mr Davis is struck off (as you suggest) and let that be the legal test? And you’ve just accused him of corruption. Defamation laws are alive and well in this state last time I checked.
August 15, 2012 at 7:47 PM
Ya gotta laugh don’t ya. Frank’s up on conflict of interest because of a stupid mulch heap and here we’ve got some bloke cavorting about with Lipshutz and it takes him three days to realise that this ain’t kosher. Meanwhile us poor blighters are paying out the bills. Whatya reckon – 3 days of nothing means about another $30,000 to $40,0000 that we can kiss goodbye to?
August 15, 2012 at 9:42 PM
I am lost for words, can this really be! So will Frank have a chance to have his day at VCAT and possibly clear his name before council elections or is it now not possible for this to happen?
August 15, 2012 at 11:34 PM
I have to admit to being totally disgusted to hear of the halt to this case. I am disgusted that the case occurred in the first place (a total waste ratepayers monies on an internal squabble) and in the second place because the reason for the halt is the Davis/Lipshutz connection which should have been recognised at the time of panel appointment. That neither Davis or Lipshutz raised this at that time raises serious doubts about the rules related to statutory tribunals.
It looks like, once again Council has gotten away with it because while they have acted within the letter of the law they have certainly not acted within the spirit. The same can be said of VCAT member Davis.
August 16, 2012 at 8:27 AM
So let’s get this straight – neither Council or Penhalluriack included in their list of witnesses Cr. Lipshutz and the VCAT member appointed to the hearing did not consider it likely that, during the course of the hearing and as a result of various testimonies, the witness listing would change to include other Councillors.
Given the nature of local politics (a very small pond), this really stretches credibility and highlights significant flaws in the system.
August 16, 2012 at 10:10 AM
I cannot comment because quite frankly I don’t know the Law.What I assume is that the Member may not have known Lipshutz was a Glen Eira Councillor untill he was listed as a witness. I also would like to know why Lipshutz was called as a last minute witness.This current situation needs to go to the Law Institute where it belongs.