Mercury (Hobart)

BROOKS APPEALS

- SIMEON THOMAS-WILSON Urban Affairs Reporter

GLENORCHY City Council general manager Peter Brooks is appealing against the Supreme Court decision to allow the Board of Inquiry investigat­ion to resume.

An applicatio­n by Mr Brooks will be heard in the Supreme Court today by Justice Michael Brett.

It is expected a date for the hearing of Mr Brooks’ appeal will then be set.

An appeal against the inquiry will be heard by the Full Court.

Last month, Chief Justice Alan Blow dismissed Mr Brooks’ legal action against the inquiry.

Mr Brooks — who has been on indefinite leave since April — argued the board and its members Barry Easther and Lynn Mason had not afforded him natural justice and was biased in its actions.

During hearings in the case, his lawyer Shaun McElwaine SC said if it could be proven the board was in any way biased against Mr Brooks then they would seek to kill off the inquiry to protect his reputation and status as the general manager of the council.

But Chief Justice Blow dismissed the claims, saying the board “had a duty to bring its work to a conclusion”.

After the ruling last month, the board resumed its nearly two-year-long investigat­ion into the council and began work on its long-awaited final report.

Local Government Minister Peter Gutwein called for the inquiry into the council because of claims it had become dysfunctio­nal.

Mr Easther said he was aware of the action.

“I don’t think it [the appeal] will be heard in court [today],” he said.

Ms Mason declined to comment on the applicatio­n by Mr Brooks.

It is understood an appeal by Mr Brooks is the only thing now holding up the inquiry from finalising the report and submitting it to Mr Gutwein.

Once Mr Gutwein receives the report he can then start the process to resolve the future of Glenorchy aldermen — who have been suspended since February.

Last month, Mr Gutwein said he expected to be in a position to make a decision on the long-term status of the council next month.

The cost of the Board of Inquiry has blown out to more than $800,000, a figure that would be paid by the Glenorchy ratepayers.

Mr Brooks could not be contacted last night.

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