Hobsons Bay resident sets up Blog about council problems!

Dear all,

A Hobsons Bay resident has set up their own blog outlining problems they have experienced with the Hobsons Bay council. It should make for some interesting reading in the coming months.

The url for the site is:

http://www.hobbobay.blogspot.com

Congratulations to Crusader for setting it up.

Judgment - Too difficult to prove dummy is dummy

The judgment in the case against Labor's MaryAnn Lindsay was handed down last week, with the decision that the applicant did not sufficiently prove Ms Lindsay was a stooge. The Labor member and her Labor lawyers then tried their hand at getting costs from HBCF committee members even though they weren't applicants to the case. This really was an act of desparation given that Ms Lindsay really didn't have any costs at all, and that the HBCF committee members cannot possibly be liable for any costs they weren't parties to.

Here's what the Magistrate had to say when she handed down her judgment about costs:

1. Costs ordinarily follow the event. However, this is a tribunal hearing and outside the ordinary commercial sphere in which the above rule applies.

2. The application was properly made by Mr Allsop.

3. The application raised and ventilated novel issues of law, particularly relating to the use of dummy candidates in local elections.

4. The use of postal voting in local elections makes this an increasingly important issue.

5. There is a public interest in ensuring the integrity of the electoral process, which is central to our political system. In this regard, the principles discussed in Greco also apply in this case.

6. Mr Allsop genuinely and robustly prosecuted his case; it was not a frivolous or vexatious application.

7. Accordingly, the application for costs against Mr Allsop is refused.

8. In relation to the non-parties, the case was run according to genuinely held beliefs of HBCF. This was not a case of the kind to which Mr Langmead referred in which the party was a “man of straw”; Mr Allsop was the proper applicant.

9. This was not an exceptional case in which costs should be awarded against a non-party.

10. Accordingly, the application for costs against the non-parties is refused.

Thank you and well done Noel Allsop for taking this case to court. It's good to see some people having the courage of their convictions.

Here are the articles from the press this week:

Alleged ALP stooge candidate retains seat on Hobsons Bay Council

MEDIA RELEASE
4 October 2005


A Melbourne Magistrates' Court hearing today found there was insufficient evidence to prove a Hobsons Bay Councillor - who stood for election as an independent and did not disclose her Labor Party membership in her official candidate statement - misled and deceived voters.

"Her Honour, Magistrate Caitlin English, today found that Hobsons Bay Community First did not sufficiently prove their claim that Cr. MaryAnn Lindsay, a member of the Labor Party who stood for election at last year's Hobsons Bay Council Election, misled and deceived voters by not disclosing her Labor Party membership in her official candidate statement", Mr Tony Briffa, Convenor of Hobsons Bay Community First, said.

"This is an unfortunate outcome, but the burden of proof was against us, and that legal hurdle was too great."

"Nonetheless, I am disappointed and surprised the Magistrate determined that she didn't have the power to determine Cr Lindsay was unduly elected even if we did sufficiently prove Cr Lindsay misled and deceived voters. This means voters have to be even more cautious when casting their vote." Tony Briffa said.

"The facts still remain that Ms Lindsay was, and is, a member of the Labor Party and did not disclose her Labor Party membership in her official candidate statement although she stood for election as an Independent. Political affiliation is one of the basic things voters look for when deciding which candidate to vote for, so HBCF will continue to lobby for legislative change to ensure this becomes a legal requirement."

The lawyers acting for Cr Lindsay, Labor Party members Messrs Langmead and Yianolatos, sought 'substantial' costs from the applicant (HBCF Candidate Noel Allsop) and HBCF committee members including Tony Briffa (HBCF Convenor), Hans Paas, Anne Palmer and Cameron McCurley. Magistrate English ordered that each party pay their own costs as the case was in the public interest, and was neither 'vexatious or frivolous'.

"Hobsons Bay Community First is proud to have pursued this case on behalf of the community, and we're grateful Her Honour, Magistrate English, recognised the genuine public interest in which we pursued this matter. Her Honour recognised this case was central to the integrity of the electoral process and our political system. Further more, Her Honour made it clear in her order for costs that the case was neither 'vexatious or frivolous'."

"Hobsons Bay Community First thanks our legal team - Mr Peter Wallis and Ms Tiziana Princi - for their hard work, along with Noel Allsop and our witnesses for their support. HBCF will continue to be a strong advocate for the Hobsons Bay community, as we clearly showed by pursuing this case", Tony Briffa said.