DISPUTE MAY GO TO HIGH COURT
THE High Court may be asked to get involved in the Glenorchy City Council furore — but first the voters will be asked to go back to the ballot box.
The Legislative Council late yesterday passed the laws necessary to sack the council’s 10 suspended aldermen, ahead of a new election on January 16.
Local Government Minister Peter Gutwein said it was “the result that the community has been calling for”.
The move came as the council’s general manager, Peter Brooks, revealed to the Mercury he is considering seeking leave to appeal to the nation’s highest court after the Supreme Court dismissed his appeal yesterday against the Board of Inquiry into the council.
The dismissal opened the way for the board to finalise its report and hand it to Mr Gutwein as early as today. He has promised to release it quickly. But Mr Brooks told the Mer
cury he was still considering his options. Mr Brooks and his lawyer Shaun McElwaine SC had argued that the board did not afford him natural justice and had been biased against him during their investigation into the council.
Suspended mayor Kristie Johnston called for the Board of Inquiry report to be made public as soon as possible.
A HIGH Court challenge by Glenorchy City Council general manager Peter Brooks against the Board of Inquiry investigation into the council could be on the cards following the Full Court dismissing his appeal against it.
As the board and its members Barry Easther and Lynn Mason seek to finalise their report as soon as possible and hand the long-awaited document to Local Government Minister Peter Gutwein, Mr Brooks told the Mercury that he was considering whether he would seek special leave to take the matter to the High Court following yesterday’s decision.
“I just have to consider that,” Mr Brooks said.
Yesterday the Full Court of the Supreme Court dismissed Mr Brooks’ appeal against the decision by Chief Justice Alan Blow to rule against his action against the Board of Inquiry in September. Mr Brooks and his lawyer Shaun McElwaine SC had argued that the board and Mr Easther and Ms Mason did not afford him natural justice and had been biased against him during their investigation into the council. Mr McElwaine argued that the findings and recommendations of the second draft report were not draft ones, rather they were the final work. But the Full Court of Acting Justice Pierre Slicer, Acting Justice David Porter QC and Acting Justice Shane Marshall dismissed Mr Brooks’ appeal against Chief Justice Blow’s verdict, allowing the board to resume its inquiry and finalise the report.
Sources have told the Mercury that the board is working quickly to finalise it and provide it to Mr Gutwein, with the plan to have it to him by today at the latest.
Mr Gutwein said once the State Government received the report he would look to release it as soon as possible.
“I will release the report as soon as possible following a de- tailed consideration of its findings so that voters can be fully informed,” he said.
Mr Easther said it wasn’t appropriate to put a timeline on the completion of the report.
“We are now able to finalise the report now and we are working very quickly to do so,” he said.
Ms Mason said she hoped it would get to Mr Gutwein shortly.
Suspended mayor Kristie Johnston said it was in the best interest for the Glenorchy community that the report was made public as soon as possible.
“We finally have a conclusion to the matter of the Board of Inquiry and hopefully it can be in the hands of the public soon,” she said.
The investigation began in October 2015 and will cost ratepayers more than $1 million.