Rebel Penhalluriack’s hostel charge
- Keith Moor
- Herald Sun
- August 30, 2012 12:00AM
SUNDAY trading rebel and Glen Eira councillor Frank Penhalluriack has been charged by his own council for allegedly running an illegal backpacker hostel.
Cr Penhalluriack could be fined up to $42,000 if convicted.
He yesterday claimed the court action was part of a vendetta by Glen Eira to get him.
The council is also taking a separate action against Cr Penhalluriack in VCAT over alleged misconduct.
It has accused him of bullying the council’s chief executive and community services director, failing to declare a conflict of interest, misusing his position and failing to attend anti-bullying training.
The VCAT hearing was adjourned last week after senior VCAT member Robert Davis disqualified himself from hearing the case because of his association with one of the witnesses.
Cr Penhalluriack was initially fined $1221 by the council over the alleged illegal backpacker hostel. The fine was recently withdrawn and a summons to attend court was issued because the fine wasn’t paid in the specified period.
Glen Eira Mayor Jamie Hyams yesterday said the council had given Cr Penhalluriack every opportunity to pay the fine.
“He will be treated exactly the same way as any other person … in the same situation,” Cr Hyams said.
“We take these matters very seriously and we have successfully prosecuted others for the same infringement.
“These places are potentially death traps.”
Cr Penhalluriack yesterday denied all of the allegations being made against him in VCAT and also denied he had been running an illegal backpacker hostel.
He recently demolished the building, which was between his hardware store and garden centre in Hawthorn Rd, Caulfield.
He is due to face Moorabbin Magistrates’ Court on the hostel charge on October 10.
Protests by Cr Penhalluriack against a ban on Sunday trading – which saw him jailed for 19 days in 1984 – helped influence changes to weekend trading in 1996.
Glen Eira Debates 
August 30, 2012 at 11:33 AM
what hostel? Frank has destroyed the evidence!
all the Frank lovers out there just imagine an illegal hostel next door to you!
The mayor commenting on it is completely inappropriate and is for revenge purposes only
August 30, 2012 at 11:48 AM
Hyams comments are way out of line. If only they were true and maybe then they could be excused. They’re not and the number of times that people get away with breaching permit or building laws and then get a new permit is disgusting. Lipshutz gets up on his hind legs and has said that council will come down like a ton of bricks on people. Bullshit. These developers are then rewarded with a new permit and all is forgiven. Penhalluriack is another kettle of fish. Hyams and Newton work on the principle that if you throw enough dirt some will stick. Trouble is that the throwers of this dirt end up with filthy hands themselves.
August 30, 2012 at 1:59 PM
Why doesn’t our Council make the news for some of the good things they do? Oh, sorry…..was just dreaming!
Suppose Jamie will take all the credit when basketball warriors morph into macabbi and the bills start getting paid at the GESAC white elephant 3 court stadium.
August 30, 2012 at 4:06 PM
Cos there ain’t any good stuff only muck raking and protecting their arses for all the stuff ups.
August 30, 2012 at 4:33 PM
that was supposed to be a secret.
August 30, 2012 at 5:09 PM
Funny isn,t it but I wrote aboout an illegal boarding house and the council did not even bother to reply to my letter. It obviously depends who they can get at the end of the process!!!!! From all accounts it seems that the landlord allegedly let it to a man, his pregnant wife and toddler,as a favour, for the low amount of only $1500.00 per month and it was this man (as a tenent) who probably sub-let it for $100.00 per room as the house had about eight rooms. Maybe the said landlord needs to take him to court too.
August 30, 2012 at 6:49 PM
The pursuit continues regardless of cost and plausibility of the case. It’s extraordinary that councillors allow this to proceed and that Hyams has the affront to once more be accuser, judge and executioner. Timing of course is everything and with this case to be heard just before the election and so soon after the vcat hearing was abandoned, the suspicion that this is the final desperate ploy by the gang and Newton can’t be dismissed lightly.
August 30, 2012 at 7:26 PM
Millions of dollars wasted in trying to pursue one Councillor of trying to make an administration accountable. But cant afford to maintain parks and areas like Booran Road reservoir or Queens Avenue. Maybe it is all aimed to divert attention from “Two up” Hyams, “Frisbee” Lipshutz, “Legal Conflict”Tang, “Sellout” Pilling “and “Shonky Developer” Esakoff.
August 31, 2012 at 12:15 AM
Hey Ben ya left out Magee and Lobo.
I heard that at the last Council Meeting Magee requested a report on the feasibility of moving the skateboard facility at the GESAC entrance to down near the Girl Guides. His summation was that the skateboard facility could then be turned into about 16 additional carparking spots with no loss of open space.
Aside from the 16 carparking spots not coming anywhere near addressing the parking and traffic mayhem caused by GESAC, considering carparking as open space is pure bullshit. I can think of quite a few nick names for him but they might be considered in the expletive category so I will leave it up to you to apply the appropriate nick.
As for Lobo might I suggest “Now Allowed to Speak”. I mean the man promised the earth and went in with guns ablazing only to spend the next three years saying nothing. Now with elections coming round, he finally get the nod to speak at Council Meetings.
August 30, 2012 at 10:04 PM
Glen Eira you are trying to turn this matter into a political issue for obvious reasons.Anyone who knows Mr Newton would immediately realise that this matter would have been handled by Local Laws and there would have been no interference from Andrew Newton and no knowledge of this matter by Councillors until the Fine had been issued.Camden do you believe everything Frank tells you.The simple fact is that Frank’s house was used illegally. He owns the house in question and therefore he has responsibilities.Frank pay the Fine like any other Ratepayer would. If you do the crime you do the time Council has almost 100% success in Prosecutions.
August 30, 2012 at 10:33 PM
Are you sure you’re not Newton’s ventriloquist dummy? For starters, it’s nice to know that you assume the house was used “illegally”. Where’s the proof? The newspapers tell us it was a 5 bedroom house – reckon quite a few people could live quite comfortably in a place this size without it being a boarding house. The house was going to be demolished. Other places run boarding houses for months if not years and aren’t touched. Within a week or so the constabulary descend. Terrific bloodhounds these buggers when it comes to Penhalluriack.
The bit I love best about your argument is the rubbish about Newton. His hands are always clean. He never makes a decision – it’s always council. He knows nothing about nothing. He just runs the joint and pays his underlings a pretty penny to make sure that things go the way he wants them. He doesn’t have to worry about using my money because no one knows how much he’s spending and councillors if they’ve got the guts to ask are probably bluffed or not given correct answers. That’s what we’re stuck with – a well disciplined and cemented mentality that will brook no opposition and when it comes to Penhalluriack the motto is “let’s get him and forget the cost”.
The last point in your crummy argument is about the 100% successful prosecutions. You’re really living in dreamland. Check out vcat for starters and see how much success is had there. Even if the 100% is correct, I’ll bet you that by the end of all this Penhalluriack stuff it will not stand at 100% and that will also signal the end of Newton and Burke.
August 31, 2012 at 10:52 AM
I don’t know about you but I can wait a month for the Court to determine the truth.I await a copy of a lease Frank will produce,the mountains of evidence Council will produce and await Frank’s testimony, or will he leave it to his Barrister to mould a web of usual rubbish starting with the fact that this is political quoting this Blog. Frank is entitled to his day in Court and thats what he will get and pay for..As for Mr Newton his job is to give Council advice. I have never seen him vote and I have seen occasions when his advice is rejected.As for this prosecution have you any evidence of interference by senior staff or Councillors? If you have put up but I am sick and tired of inuendo. You run conspirosy theories just to politicise this matter thinking you can help Frank who incidently accepts that the house was illegally used. He just doesn’t accept responsibility.
August 31, 2012 at 1:50 PM
How about both Anon 6 & 7, you publish here the evidence that the house was illegally used? Do it & do it now…& really go a do a course in politics if you think council admin staff (& CEOs most importnatly) do not interfere in Council decision making…..are you really that green!