Councillors to be reinstated after private prosecution charges dropped

Charges brought against five central Victorian councillors and a council chief executive have been dismissed, allowing the officials to return to their positions. The Director of Public Prosecutions (DPP) intervened in the case, which originated from a private prosecution initiated by local businessman David Penman.

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We are extremely pleased with the outcome, and we will leave it there. We will have more to say later.

The councillors, including Mayor Tony Clark, along with former chief executive Bradley Thomas, had been charged with offenses related to the misuse of public office. Under the Local Government Act, the councillors were compelled to stand down pending the court's decision. Critics had accused Mr. Penman of exploiting a legal loophole to disrupt the council's operations, prompting the state government to announce plans for an administrator appointment.

However, the DPP appeared in the Ballarat Magistrate's Court and successfully applied to have the charges thrown out, citing insufficient grounds after reviewing the evidence. Mayor Tony Clark expressed his satisfaction with the outcome, stating, "We are extremely pleased with the outcome." The Hepburn Shire Council confirmed the immediate reinstatement of the five councillors, calling the resolution "a great outcome for democracy and our community."

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having reviewed all the evidence, determined that there were insufficient grounds available to proceed with the prosecutions. This is a great outcome for democracy and our community.

Mr. Penman stated he accepted the court's decision, though he expressed surprise at the DPP's intervention. He noted the political sensitivity of the case. Legal costs incurred by the council, CEO, and councillors are expected to be a subject of ongoing arguments.

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They [DPP] hadn't been in contact. I thought the charges were particularly strong. But obviously, it's politically sensitive. I'm not suggesting that played a role but had I elected to play my role in the [courts] then it would've been different. This is a democracy. I've always said the courts are where democracy plays out. [If] that's the decision of the DPP, then I accept that.