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.