Gardening war digs in

Expert witness on way from mainland

A TASMANIAN property magnate fighting Hobart council over allegations he tore up his heritage-listed garden may be forced to bring in an expert witness from the mainland, his lawyers have claimed.

Errol Clayton Stewart appeared by telephone in Hobart Magistrates Court on Tuesday, where his lawyer provided a case update to Magistrate Reg Marron.

“(I have gone through) 1000 pages of documents in November from council …,” his lawyer said.

Stewart and his company, Stewart Family Tasmanian Investments, were charged in 2021, each with identical counts of undertake development contrary to Hobart Interim Planning Scheme 2015.

Stewart has pleaded not guilty to his and the company’s charges, and no wrongdoing is alleged against any other member of the company.

It is alleged Stewart violated planning laws after ripping up the garden at his Sandy Bay home.

The property was bought by the company for $1.77m in December 2020, and the garden has previously featured in magazines such as Australian House & Garden and Home Beautiful.

The Mercury has previously reported that Stewart argued that they had needed to dig up the garden to save the Japanese maple trees and rhododendrons from an ivy infestation.

He also said stones and an ornate sundial – which had been stored away – would be returned after the garden works.

In court, Stewart’s lawyer said while he had one expert witness, he may need to look to the mainland in order to find the second.

Hobart City Council is expected to call seven witnesses during the hearing.

Stewart is also expected to give evidence during the twoto-three-day hearing.

But attempts to lock in a hearing date reached a roadblock, with the court hearing that the council’s legal counsel was unavailable until before the end of May, and one of Stewart’s witnesses not available until mid-June.

“… (We should) strive to have the matter heard without the need for an adjournment,” Stewart’s lawyer said, to which Mr Marron replied that was the “holy grail” of hopes.

His lawyer described the case as a “trivial matter”.

The matter was adjourned for mention in late March.