MR CHAMPION:  I withdraw that.  (To witness) What happened was this.  Councillor Lipshutz asked Councillor Penhalluriack to leave the meeting?—I don’t recall that, Mr Champion, and I just repeat that I am not aware that anybody actually has the authority to tell any councillor to actually leave a meeting.

I used the word tell the first time, I use asked this time, if something turns on it.  Councillor Penhalluriack’s evidence will be, sir, that Councillor Lipshutz asked him to leave the meeting.  Do you agree or disagree with that or can’t remember?—I don’t recall that.

Councillor Esakoff asked him to leave the meeting?—I don’t recall that either, sir.

And they did so in raised voices?—I don’t recall that either.

SENIOR MEMBER:  Do you think you would have recalled it if they had asked Penhalluriack to leave in raised voices?—Yes, I do, sir.

MR CHAMPION:  You say it didn’t happen?—I don’t recall that happening, I don’t recall raised voices, no.

Do you recall them asking him to leave?—No.

The reason that they asked him to leave was that they said that he had a conflict of interest as to Item 12.10.  That was what happened, sir, that’s what I’m suggesting to you; yes or no?—I don’t recall that happening, sir.

And that he protested that he didn’t wish to leave the meeting, that’s what happened?—I don’t recall that happening either.

And he left under protest?—I certainly don’t recall any protest.

SENIOR MEMBER:  Just let me explain to you.  I understand your answer “I don’t recall,” but let’s assume for a moment that, as Mr Champion said, Councillor Penhalluriack gets up and swears that he was told, and the Tribunal is going to be left with a position where Councillor Penhalluriack says something was certain, and you’re using the word don’t recall.  When I asked you last time about the raised voices you said if that happened I probably would have recalled it.  Now when you say you’re not recalling this are you saying you just don’t remember what happened or are you saying, look, if it had have happened I probably would have recalled it?  Because it’s pretty important from our point of view.  Do you understand the difference?—Yeah, I do, sir.  Look, I don’t recall.  I don’t know whether you’ve ever had the experience of being in a pre meeting of councillors but – – –

I haven’t had the experience of even being in an ordinary meeting of council?—From time to time, sir, they can get interesting to say the least.  Governments at the local level can get a bit exciting at times.  But in this particular instance I don’t recall people asking another councillor to leave, I don’t recall raised voices.  Usually when things get a bit hot under the collar and things start to spiral out of control I usually do remember those instances.

Would you call this spiralling out of control?—No.

Sorry, if there had have been Councillor Lipshutz and/or Councillor Esakoff asking Councillor Penhalluriack to leave in raised would you say that’s spiralling out of control?—I’d put that in that category, sir, yes.

MR CHAMPION:  The effect, sir, was to the extent that Item 12.10, the bullying training motion at that point was discussed at the pre meeting, Councillor Penhalluriack did not participate in that discussion?—Well, the minute actually records him leaving the room at 7.25.

The discussion such as it was, was after he left?—As I recall it there was some chatter as Councillor Penhalluriack was circulating his letter.  He then leaves at 7.25 and then as you can see from the record shortly after that all officers with the exception of the director of community services also left.

SENIOR MEMBER:  When you say officers you don’t include councillors?—No, sir, no.

MR CHAMPION:  The reason he left was so that Item 12.10 could  be discussed in his absence?—Well, I – – –

MR ATTIWILL:  I object to the question.  The reason he left?  Did he give a reason?  I mean, it’s not up to him.

MR CHAMPION:  He can’t read Councillor Penhalluriack’s mind.

SENIOR MEMBER:  He may have stated a reason, I don’t know.  You can certainly ask that.

MR CHAMPION:  What Councillor Penhalluriack’s evidence will be, sir, is that he left under protest because he was asked to leave, and you don’t remember that?—That’s correct.

Do you recall whether he did state a reason as to why he was leaving?—No, I don’t recall any reason.

SENIOR MEMBER:  Is that a convenient time?

MR CHAMPION:  Yes, if the Tribunal pleases.

<(THE WITNESS WITHDREW)

Aborted Hearing Leaves Many Questions Unanswered

Andrea Kellett

Glen Eira Councillor  Frank Penhalluriack is a devastated man.

After a lengthy wait and months of preparation, misconduct allegations brought against him by Glen Eira council, which he insisted were to be heard at the public tribunal, were last week aborted after three days of the expected seven days.

Evidence from only tow of the council’s eight witnesses was heard. The council’s key witness, CEO Andrew Newton, had not been called, nor had Cr Penhalluriack.

Mr Robert Davis had, he said, known Cr Michael Lipshutz for many years. In the three days, the tributnal heard argument from Charles Gunst, QC, for Cr Penhalluriack, that Glen Eira Council staff treated his client with “disdain”.

“They ignore his questions, roll their eyes when he speaks at meetings and are resistant in providing him with information,” he said. He said his client was the victim of a vendetta “manufactured” by CEO Andrew Newton and Mr Newton used false allegations of bullying to silence his critics.

Richard Attiwill, for Glen Eira Council, denied those allegations. He urged the tribunal to find that Cr Penhalluriack’s behaviour constituted “gross misconduct”. He said Cr Penhalluriack had made “very serious” allegations against senior officers in writing and that it was “not a passing rudeness or a momentary lapse”.

The tribunal heard there was tension between Cr Penhalluriack and staff at the council and that Cr Penhalluriack was considered a “bit of a nuisance”.

Council community services director Peter Jones said under corss examination that Cr Penhalluriack had denigrated him personally and that had made him angry.

After three days at the back of the court-room taking notes, Cr Penhalluriack left without, he said, the resolution he had hoped for. “I was hoping to get finality by the (council) election,” he said. “When a leopard dies it leaves its skin, but when a man dies he leaves his reputation.”

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Sporting chance urged

The demise of the Alma Sports Club, a non-profit community club, open to all, will see the loss of the only sporting facility or potential park area left in the far northwest precinct of Glen Eira. It must be retained as open space.

This precinct is experiencing a significant increase in population due to rezoning. This is the only opportunity for Glen Eira Council to secure the site for the community.

Retention of the site as council or Crown land is essential for the liveability of this part of Glen Eira. It is reputed to have the lowest ration of open space and recreational area of any of Melbourne’s municipalities.

The council claims it has no money to buy the site and does not rescue “private” clubs. But council squandered our city’s reserves, squandered our city’s ability to borrow more money, all on GESAC.

Yet the residents of this precinct are lumped with paying the greater proportion of the GESAC debt because they pay higher rates!

Dr David Dolan

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I live around the corner from the Alma Sports Club and it would be a great pity to see it replaced by apartments.

I know an energetic guy tried to get a cabaret club started there recently but was denied a permit by the council.

A par with a few tennis courts and a café would be ideal. The site needs someone who can reach out to young families in the area, offer lessons and childcare. But if that is all too hard, give us a park.