‘Utu Complete’ allegedly sent after Rimmington rolled
‘‘Utu Complete.’’
That’s the wording of a text allegedly sent by Waikato regional councillor Fred Lichtwark to his colleague Russ Rimmington after the latter was rolled from the chairperson’s position last month.
The allegation is contained in papers released to Stuff this week after an application to the High Court in Hamilton about a judicial review of the ousting initiated by Rimmington.
An earlier alleged text from Lichtwark to Rimmington in April read ‘‘Karma has delivered’’, said an affidavit from Rimmington, who felt it was a reference to a group of councillors agreeing to a vote on his leadership.
Details of the alleged texts are the most significant new information outlined in the court papers.
Rimmington has claimed Lichtwark had a pre-determined view of the way he was going to vote on May 9 and therefore should not have participated. If he had withdrawn, Rimmington says he would still be chair.
Through the judicial review, he’s seeking to have the vote ruled invalid, his chairperson’s job back and costs. The papers released to Stuff do not include anything from Lichtwark.
A regional council solicitor’s document dated June 10 said Lichtwark had not yet had an opportunity to respond formally to allegations made in court documents. He had therefore sought that papers not be released to media at this stage. It also suggested the court papers contained information about Lichtwark’s communications with other councillors, some of it intended to be confidential or sent in error. But on June 20 Justice Neil Campbell favoured allowing access due to the fact the proceedings concerned a public body and elected officials, and that the application for papers was from media.
Rimmington’s affadavit said that if proper processes were not followed in removing him the situation should be promptly remedied. It was important the matter was dealt with well before the local government elections this year.
He said that before the vote there was clear legal advice of a risk that councillor Lichtwark’s public comments were evidence that he had predetermined his vote and that Rimmington’s removal could be challenged if he did vote. Lichtwark was one of 8 out of 14 councillors who voted him out.
‘‘Had councillor Lichtwark disqualified himself, as I believe he should have, the motion would not have passed’’ with the necessary eight votes, said Rimmington.
‘‘Later in the day . . . I received a text message from councillor Lichtwark in which he stated ‘Utu Complete’. He, in effect, book ended what occurred on the one side by referring to ‘karma’ and on the other referring to ‘utu’.’’
Another document from Rimmington’s solicitor submits Lichtwark ‘‘disfavoured’’ Rimmington due to ongoing issues relating to Lichtwark’s behaviour towards other councillors. The texts, and media comments and complaints by Lichtwark against Rimmington, meant he should not have voted.
The solicitor’s document goes on to seek a declaration that Lichtwark should have disqualified himself, the decision be quashed, Rimmington re-instated and that Lichtwark should not vote on any future motion to remove Rimmington. Costs were also sought.
Lichtwark said on Thursday that he had still not filed papers to the court. He said that, on legal advice, his only comment was: ‘‘I voted the way I did in the interests of the region and Waikato Regional Council. It was not predetermined.’’
A hearing date was yet to be set down, the court said.