By VANESSA CHIRCOP
COUNCILLOR Peter Hemphill has challenged Hobsons Bay Mayor Tony Briffa to have allegations of serious misconduct heard at VCAT without involving lawyers.
The challenge came after Cr Briffa held a press conference last Wednesday calling on Cr Hemphill to drop the Victorian Civil Claims Tribunal hearing, accept his two apologies and save the ratepayers of Hobsons Bay’s thousands of dollars in legal fees.
The issue began when Cr Briffa was taken to a Councillor Conduct Panel late last year after allegations he sent threatening emails to Altona resident Maureen Short.
The panel found the then Deputy Mayor guilty of misconduct and in breach of the councillors code of conduct by sending the emails to Ms Short and copying the emails to her then employer Mobil and other community members, calling for her to be sacked following a public meeting in March last year.
In September, Cr Briffa was hauled before another conduct panel – this time to face allegations of serious misconduct.
But before the panel handed down its verdict, Cr Briffa opted to defer the matter to VCAT.
At last week’s press conference, Cr Briffa said he exercised his right to have the matter referred to VCAT where the rules of evidence apply “given my concerns about the CCP process”, he said.
If VCAT finds Cr Briffa did engage in serious misconduct he would be expected to lose his mayoralty.
Cr Briffa said if the hearing goes forward it could cost ratepayers in excess of $200,000.
Cr Hemphill said he was conscious the financial implication attached to a VCAT hearing.
“But it is important to note this is about righting a wrong done to one of our local citizens,” he said.
“Cr Briffa has sent the cost off the Richter scale and is using this as an excuse to evade the justice system.”
He claims Cr Briffa’s lawyers are intent on dragging the hearing out.
“If, as Cr Briffa claims, the legal costs are going to top $250,000, then more than 90 per cent of that is Cr Briffa’s share of the costs.
“If he is confident of his innocence, why is he using expensive lawyers?
“I challenge Cr Briffa to have the matter heard before VCAT, as he opted to do, without lawyers involved.”
Star understands Cr John Hogg took Cr Hemphill to a CCP also alleging misconduct.
The panel handed down their decision on Friday and it was found no misconduct took place.
The CCP’s findings are expected to be discussed at tonight’s council meeting.
The VCAT hearing is scheduled to start on or after 25 May 2012.
