By VANESSA CHIRCOP
BOTH Councillors Peter Hemphill and Mayor Tony Briffa have expressed their disappointment that a controversial VCAT hearing last week was adjourned.
The hearing, which was scheduled to start last Monday, was expected to hear Cr Hemphill’s allegations that Cr Briffa had engaged in serious misconduct.
The issue began when Cr Briffa was taken to a Councillor Conduct Panel (CCP) last year relating to emails he sent to then Mobil employee Maureen Short.
Cr Briffa also copied in Ms Short’s then employer Mobil and other community members calling for her sacking following a public meeting earlier that year.
The panel found the then Deputy Mayor breached the councillors code of conduct and ordered him to attend 12 months counselling and apologise to Ms Short.
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 exercised his right to have the matter referred to VCAT.
Last week, VCAT adjourned the matter after Cr Hemphill’s barrister objected to the Tribunal appointing former Hobsons Bay City Council chief executive officer Ken McNamara to be one of the two members to adjudicate on the case.
The barrister suggested that Mr McNamara’s presence on the Tribunal could lead to a perception of bias because of his prior knowledge of both parties and other persons involved in the case.
Cr Briffa described Cr Hemphill’s VCAT application against him as “frivolous”.
“VCAT does not appear to have another member qualified to sit on the case with relevant local government experience so we are unsure when this matter can be heard,” he said.
Cr Hemphill said the VCAT case was not about the emails sent by Cr Briffa.
“The VCAT hearing is about what Cr Briffa did after the CCP made its decision.”
Since November 2004 Cr Briffa had racked up legal expenses of $56,440 with Cr Hemphill’s tally at $5020.
As revealed by Star last week, a portion of Cr Briffa’s expenses were for legal advice he received in relation to the August 2011 CCP which Cr Hemphill said Cr Briffa was not entitled to.
The VCAT hearing was adjourned until a Directions Hearing on 18 June.
