Parking sinks mosque plan

Parking sinks mosque plan
By Cameron Weston , The Williamstown, Altona, Laverton STAR
21st March 2006
http://www.starnewsgroup.com.au/story/11748


HOBSONS Bay City Council has rejected an application to build a mosque and community centre in Altona Meadows because of insufficient car parking space.

The council approved the land use and the design of the building, but rejected the application on the grounds that the 24 car spaces proposed were insufficient and would disrupt the local community.

The mosque was to be built on vacant land in Central Ave near Lush and Tomkin courts between the Anglican and Uniting churches.Faud Abdin from the Australian Islamic Mission (AIM), the group seeking to build the mosque, said the group had 60 days to challenge the decision.

When asked if a challenge was likely, Mr Abdin said, “all options are available,” but would not comment further.

Hobsons Bay mayor Carl Marsich said the council supported the concept of the mosque but did not want to obstruct local parking.

Cr Marsich said the council “recognised the valuable role places of worship and community centres play in strengthening our community”, but said the impact on adjacent streets “would be at an unacceptable level”.

The planning application for the mosque sought a reduction in the number of car spaces required under the Hobsons Bay Planning Scheme, in addition to approval for building construction.

Under the planning scheme places of assembly, such a church or mosque, “generate(s) a car parking requirement of 0.3 car spaces to each seat or to each square metre of net floor area”.

Based on the dimensions of prayer space in the proposed mosque – about 280 square metres – and the anticipated numbers of worshippers, the report concluded there was “a significant shortfall in the provision of off-street car parking”.

The council had considered limiting numbers of worshippers and enforcing parking restrictions, but said it did not want “to be put in a situation of having to say to worshippers they cannot worship”.

A petition organised by local citizens’ group Hobsons Bay Community First (HBCF) and signed by more than 70 local people was a “significant factor” in the council’s decision, according to the planning report.

Tony Briffa from HBCF said community resistance to the proposed mosque was based purely on parking concerns.

“We supported a place of worship in our local area … particularly a mosque,” he said.

“It certainly wasn’t anything against any race or religion.

“I would like to see their (AIM’s) wishes and aspirations come to fruition.

“It’s all about the magnitude of the development. It was quite clearly an overdevelopment of the site.”

Mr Briffa criticised the council for not using its Mosque Liaison Committee in the planning stages of the development, saying the level of community consultation over the proposed mosque was inadequate.

Mary Anne Lindsay - The ALP Stooge

I am amazed Cr Mary Anne Lindsay continues to mislead residents by claiming to be an independent Councillor even though it has now been revealed she has not only been a member of the ALP for years, but the ALP is also funding her alleged legal costs.

These are the simple facts:
1. The Magistrate hearing the case against Cr Lindsay found there was insufficient evidence to determine whether or not Cr Lindsay was an ALP stooge. This is not the same as a determination that Cr Lindsay was not a stooge. In fact, the ALP fundraising event for Cr Lindsay supports the case against her.

2. Although the local ALP faction president claims Cr Lindsay is one of the most outstanding councillors we have, Cr Lindsay missed more council meetings than any other Councillor last year. She also sits on the fewest number of council committees in comparison with other councillors.

3. The Local Government Act 1989 only allows 14 days for parties to lodge appeals against the Magistrates' Court decisions in Municipal Electoral Tribunals. Hence, it is too late for both HBCF and Cr Lindsay to appeal the decision.

Cr Lindsay’s election and the use of other stooge candidates ensured the ALP regained control of the council, which led to last year’s massive rate increase (8.9%). Consequently, we’re all paying the price for Cr Lindsay’s election. If the ALP faction want to raise money for a worthy cause, they should start by helping the ratepayers of Hobsons Bay.

Tony Briffa
Convenor, Hobsons Bay Community First

ALP continue to support their STOOGE

MEDIA RELEASE
For immediate release - 15 March 2006


ALP's Special Fundraiser for their Stooge

"The revelation that the local Labor branch recently conducted a fundraiser for Cr. Mary Anne Lindsay supports the case against her in the Magistrates' Court last year", Tony Briffa, Convenor of Hobsons Bay Community First said. "Mary Anne Lindsay undoubtedly deceived and misled voters at the council election by claiming to be an independent candidate, although she really is an ALP stooge. Consequently, I will write to the Local Government Minister seeking an investigation into this matter on behalf of the applicant in the case; HBCF-supported independent candidate Mr Allsop."

"Cr. Lindsay was put up as a stooge candidate in the council election by the Labor branch to direct independent votes to the preferred Labor candidate. She continues to falsely claim she is an independent councillor despite the fact she is a long-standing member of the Labor Party, works as a Union official, is the domestic partner of a Labor Councillor, and is financially supported by Labor."

"The Labor Party would not provide financial and political support to Cr. Lindsay unless they were getting something back in return. The most obvious is the crucial 4th vote in the council chamber resulting in the Labor Party retaining control of the council. This is why her domestic partner and ALP colleague is the Mayor this year, and why Renee Caruana, another Labor Councillor, was Mayor last year. This is also why rates increased an incredible 8.9% last year."

Last year the Magistrates' Court heard that if only 67 voters were deceived and voted for Mary Anne Lindsay thinking she was an independent candidate, she would not have been elected. Despite the best efforts of Noel Allsop and HBCF, Her Honour Caitlin English determined that she had no doubt in the existence of the strategy in running dummy candidates, but that we did not have sufficient evidence to prove our case against Cr. Lindsay. (see notes below)

"This is significantly different from the Magistrate determining that Cr. Lindsay was innocent." Tony Briffa said. "The ALP also stood other stooges at the election which assisted in the election of Bill Baarini, Renee Caruana, and Carl Marsich."

"It's a pity HBCF wasn't aware of Labor Party fundraising efforts for Cr. Lindsay earlier. We only had 14 days to lodge an appeal so that has unfortunately expired. Nonetheless, Cr. Lindsay's position as a Councillor is completely untenable, and HBCF is calling for her immediate resignation."

"Significantly, the Magistrate also determined that as the case was genuine and not frivolous or vexatious, each party was to pay for their own legal costs. As Cr. Lindsay had two ALP solicitors representing her, I would be surprised if they sent her an invoice. Then again, her ratepayer-paid allowance of $18,000 per annum plus childcare and other expenses should be enough financial support without having to rely on funding from the Labor Party."

"Cr. Lindsay misled residents during the election, and she continues to mislead and deceive them", Noel Allsop, the HBCF-supported independent candidate for Altona North Ward said. "She has been supported by the Labor Party all along, and is not an independent. Why would the Labor Party hold fundraisers for an Independent Councillor? What do they want in return? More importantly, why would an Independent Councillor accept funds from the Labor Party?"

"Besides, Mary Anne Lindsay didn't have any election costs. She admitted in court that she was surprised to get elected as she didn't distribute any election material to residents, had no posters, no brochures and no policy launches." Noel Allsop said.




NOTES:

Her Honour, Magistrate Caitlin English, stated the following in her judgement dated 4 October 2005 in the case of Allsop V Lindsay:

"I have no doubt in the existence of the strategy of running dummy candidates, but there is insufficient evidence for Altona North ward for Mr Allsop to discharge the onus of proof, in the absence of direct evidence and Ms Lindsay's denials."

Happy New Year!

Dear All,

HBCF would like to wish all our supporters and their families the very best for the New Year.

We look forward to continuing our work as the union and lobby group for residents and other ratepayers in Hobsons Bay.

Kindest regards,

HBCF committee

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.

Councillor contradicts evidence given under oath.

Independent Councillor Peter Hemphill dismissed the testimony given by Crs Lindsay and Marsich under oath in the Magistrates' Court, and clarified what really happened behind closed doors in the real debate about the Hobsons Bay Council's 2005-2006 budget.

Click here to read our previous article about the testimony of domestic partners and ALP councillors Lindsay and Marsich.

It seems the Labor councillors will do anything to prove their innocence, whether that be to forget convenient facts, or misrepresent the truth.

Court judgment rescheduled to 4 Oct.

The Magistrates' Court judgement against Labor's MaryAnn Lindsay has been rescheduled to 10am, 4th October.

Magistrate English will determine whether Ms Lindsay misled and deceived voters by not disclosing her Labor Party membership in her official candidate statement, and may make recommendations to the Local Government Minister about changes to the Local Government Act and the way council elections are conducted.

Whatever the result is, Noel Allsop, HBCF, the legal team and witnesses have done a great job in successfully taking the case to a trial following three directions hearings, and then presenting a very thorough and strong case. Well done!

If 67 voters erroneously voted for Ms Lindsay instead of Noel Allsop (thinking Ms Lindsay was not a member of a political party) then Ms Lindsay would have been the first candidate eliminated from the vote count.

Case against Labor's stooge candidate postponed

The Magistrates' Court has just postponed the date for the judgement in the case of Allsop v Lindsay. The tentative date for the hearing is now 3 October, but that will be confirmed in the next day or so.

Labor Lawyer sends letters threatening HBCF members

Dear all,

Just when you think the local Labor (Matheson) faction has reached its lowest low, they do something to sink further into the depths of the Western Suburbs sewerage system. MaryAnn Lindsay's Solicitor, John Yianoulatos ("Johnny Y" for short), sent various HBCF committee members letters this week, threatening to seek costs from us personally for MaryAnn Lindsay's legal defence - if she 'is successful'.

We should be at least grateful the letter didn't contain a bullet, like the letters sent by Labor Faction members in another Western Suburbs branch to party opponents.

So who the hell is "Johnny Y"? Glad you asked.

Johnny Y is the legal officer for the Health Services Union - the union MaryAnn Lindsay works for. He's in the same labor faction as disgraced former councillor Brad Matheson who was forced to resign in disgrace from Hobsons Bay Council, the Municipal Association of Victoria and Australian Local Government Association last year.

Johnny Y's wife (Vicki) works in Premier Steve Bracks' private office, so it's a very cosy happy Labor family.

Do you think they were expecting MaryAnn to pay for her defence? Of course not! They did it because they are family, and they need to scratch eachother's backs. Besides, if you can't defend your stooge, who can you defend? (vtic)

The following is the letter one of us received from Johnny Y, but it is indicative of the other ones received by HBCF committee members.

Note the professional email address and office; you've got to love a laywer who uses a hotmail account and backyard Coburg office for business. Even the address for the Magistrates' Court is wrong (I hope he finds it).

Labor's stooge Councillor's evidence in question as rate hike decision examined

Labor Stooge Councillor MaryAnn Lindsay forgot just about everything that happened in the last 12 months when she was cross-examined in the Magistrate Court over allegations that she was a stooge candidate. However, she didn't forget everything. In an attempt to save her hide and prove she does not always vote with the Labor Party, she used the only example she could to show she didn't always vote with the other Labor Councillors; an alleged disagreement in a private meeting over the Hobsons Bay rate hike.

Stooge Councillor Lindsay claimed the Labor Councillors Caruana, Baarini and Marsich were against the rate hike, while she and the Independent councillors supported it. Apart from the official vote showing that all councillors supported the 8.9% rate increase, have a look at the following press articles from the time. Does it look like any of the Labor Councillors were against the increase? Of course not!

Labor's Cr. Caruana even went out trying to sell the increase to residents, and the disgraced former Labor Councillor Brad Matheson wrote letters supporting his former colleagues in the local press. It is highly unlikely that things were as Cr. Lindsay portrayed them but we will never know for sure. Like all other decisions in council, this one was made behind closed doors.

You decide:

Case Against Labor Stooges - Local Press Articles 6/7 Sept 05

Hello All,

Here are the articles about our legal challenge from the local newspapers for this week.

Regards,

HBCF


P.S. I've also included the article from the Times about Tony's 60 Minutes appearance for anyone that's interested.


The Mail:
























The Star:



The Times:


























The Times article about Tony Briffa's 60 Minutes story:

HBCF Challenges Labor stooge strategy in Hobsons Bay

HBCF Challenges Labor stooge strategy in Hobsons Bay
HBCF took the fight against the local Labor branch's use of stooge candidates all the way to the Magistrates' Court in a three day hearing in August 2005. The following are articles from the local press about the case.

The Mail:









The Star:

























The Times: