Glen Eira Council withdraws rooming house charges against former councillor
- Andrea Kellett
- March 03, 2014 11:32AM
GLEN Eira council has withdrawn all rooming house charges against former councillor Frank Penhalluriack and his family company.
A three-day contest due to start in Melbourne Magistrates Court at 10am today over in less than one hour.
Mr Penhalluriack says the council had no basis to its claim and that it was an unnecessary expenditure of ratepayers’ money, “which should be justified by those who brought the proceedings”.
The council had also, months earlier, withdrawn the same charge against Mrs Penhalluriack.
His tenant, Tomer Raba, pleaded guilty to a charge of failing to register a rooming house and was convicted, placed on a 12-month good behaviour bond and ordered to pay $2000 to the court fund.
+++++++++++++++++++++++++++++
COMMENT
After two years of relentlessly pursuing Penhalluriack Council has dropped all charges. In fact, council’s barrister after claiming so adamantly late last year that the charged were in cahoots now had a different tone and a different language. It was now Mr Raba who was the sole “proprietor” and not simply the “manager”. This now comes on top of countless council instigated delays in hearings, thousands spent on summonses, and doubtless tens and tens of thousands of ratepayer dollars spent on lawyers. Residents should not forget the previous $12,000 that was paid out to the defence lawyers because council could not get its act together on hearsay evidence – and this $12,000 did not include the costs of council’s legal eagles. What a waste and what total disregard for the public purse.
We also remind readers that the infamous ‘mulch’ facility fracas has now also proven Penhalluriack correct with council’s new ‘warning’ notice, and the installation of a sprinkler system – as Penhalluriack advocated right from the beginning. The warning notice even includes the words ‘Legionnaire’s’ and we remind readers that Penhalluriack was denied access to the full scientific documents that would establish whether any bacteria and/or Legionnaires were present in the mulch at the time of testing. This of course begs the question entirely why the facility was allowed to operate for just on two years without any of these now installed safety precautions and why even after the scientific report, it took council another year to meet all of the report’s recommendations. Even now, employees working with this mulch in various parts of the municipality do so without goggles, masks and gloves as specified in the warning.
There is much that this Council and some of its councillors have to answer for in their relentless pursuit of one individual who has now been vindicated in all of his concerns. The same cannot be said for those who instigated all these proceedings and who were hell bent on ensuring his non re-election – and all at ratepayers’ expense.
Glen Eira Debates 
March 3, 2014 at 1:00 PM
Well well, surprise surprise, more ratepayer money pissed up against the leagal wall, and Frank with no case to answer. Regardless of who was right or wrong, this vexatious dummy spit against ex-councillor Frank Pen could and should have been handled in a better way.
The buck on this one, should rest squarely with the CEO. I look forwards to reading all the details about this little episode in the CEO’s Column in the next Glen Eira News
March 3, 2014 at 2:07 PM
More than Newton. He couldn’t have done anything without the help of Lipshutz Esakoff and Hyams and throw in Pilling there to. Frank got up their noses because he was arguing for more transparency in this lousy council and not happy with the mrc and the racecourse stuff. He was a threat to their little plans to keep control so when it comes to spending money like water and trying to get him out they have no conscience. Any councillor worthy of being a councillor should have told Newton to pull his head in years ago and stop the persecution. In the end its ratepayers who pay for their stupidity and inability to do anything properly. They are a vindictive useless bunch of peoplewho should be dragged before the courts. I hope Frank sues the pants off them.
March 3, 2014 at 5:38 PM
Throw David Gibbs and Gary McLean in there as well. Our “independent” audit committee representatives were most upset when Frank attended meetings and questioned the conduct of the meetings.
March 3, 2014 at 5:12 PM
If only this administration applied the same zeal to all matters. Developers don’t get the same treatment as Penhalluriack as far as I can see and neither do other households that have for years been running de facto shared accommodation. Perhaps they just have more money than a lot of others?
March 4, 2014 at 1:00 PM
The CEO of Glen Eira, has to resign, if he doesn’t the Councillors need to suspend him pending a full and througher investigation to this persecution of Mr Penhalluriack.
March 4, 2014 at 3:19 PM
Looks like Mr Raba has had the misfortune to be embroiled in an increasingly bitter feud. Imagine fronting a Magistrates Court on a minor matter to find 12 to 14 SCs, QCs, barristers, solicitors and clerks assembled, either against you or not for you. Shylock needed his “pound of flesh”.
I do wonder about the sanity of Council—through its advocate it made a series of claims in previous Court appearances for which it didn’t have supporting evidence, and has only now backed away from each of those claims. Little wonder Council will wish to keep secret how much the whole mess has cost, as it would find it impossible to demonstrate that it has used our resources efficiently and effectively. Nor could Council, or the Magistrate for that matter, claim that they considered the matters listed in Part 2 Objectives, Principles and Application of PHWB2008. It reinforces to me how badly we are governed.
March 5, 2014 at 9:01 PM
Congratulations to Frank Penhalluriack for being exonarated from all the charges. Appreciate your integrity, honesty and forthright approach to people and issues. I hope you can stand for the Council again. You will certainly have my vote, and Glen Eira needs Councillors like you.