Councillor in court to defend civil complaint

A SOUTH Burnett Councillor has faced Kingaroy Magistrates Court to defend an application for a Peace and Good Behaviour order.

Division Six Councillor Scott Henschen appeared in the Kingaroy courthouse house on Friday to respond to an application made by Judith Ann Schulz, his former campaign manager.

Cr Henschen was represented in court by K & F Solicitors’ Andrew Kelly, who requested an adjournment to file applications including to strike out the matter.

“It’s our intention to make some preliminary applications your honour … At this stage, we are contemplating making an application to strike out the proceedings. Also, to make an application for security for costs,” Mr Kelly said.

Laura and Jack Newbery were also respondents to the application, and were likewise represented by Mr Kelly.

Documents submitted to court were obtained by the South Burnett Times, and revealed Ms Schulz alleged the following as the facts of the complaint, that Scott Henschen allegedly: Assaulted the complainant at Hotel Cecil in Wondai, destroyed intellectual property, procured another person to harm at “the windfarm” on November 8, 2020, cut down business signs from Cleggs Fencing or procured another person to do so.

Magistrate Andrew Sinclair questioned Mr Kelly as to when the applications would be made, noting parts of Ms Schulz application appeared to lack grounds.

“I must say just on the first blush, the complaints and summonses, in respect with the Newbery’s at the very least, seem entirely devoid of any grounds for issuing them,” Mr Sinclair said.

Mr Kelly said he held the same belief for the complaint against Cr Henschen.

Mr Sinclair said he was willing to hear arguments to strike out the complaint today.

“I can probably strike them out now. I’m perfectly prepared to it hear it now if the parties are ready,” he said.

However Mr Kelly told the court he was not ready to make arguments.

The matter was adjourned to April 9.