Prosecutions

This page lists recent court cases.

2017 cases

Case: Inspectorate v Brooke Wandin

Local Government Area: Melbourne City Council
Venue: Melbourne Magistrates Court
Judgement date: 6 June 2017

Brief summary of facts

Ms Wandin appeared for a diversion hearing on charges of unlawful nomination and false declaration. Ms Wandin was charged after the 2016 Melbourne City Council elections, in which it was alleged she falsely declared her eligibility to nominate as a councillor, despite not residing in the municipality in accordance with electoral regulations.

Ruling

Ms Wandin was granted a diversion with no criminal conviction recorded or fine imposed.

2015 cases

Case: Inspectorate v Chris Smith

Local Government Area: Colac Otway Shire council
Venue: Colac Magistrates Court
Judgement date: 18 December 2015

Brief summary of facts

Mr Smith pleaded not guilty to seven charges of conflict of interest and one charge of failure to submit an ordinary return under section 79 and 80A of the Local Government Act.

Ruling

All charges dismissed.

Case: Inspectorate v Ian Robertson

Local Government Area: Central Goldfields Shire Council
Venue: Maryborough Magistrates Court
Judgement date: 12 May 2015

Brief summary of facts

Cr Robertson was charged under section 79 of the Local Government Act for failing to declare a conflict of interest. Cr Robertson was charged with allegedly voting on the 2012/13 Budget when he would have been aware of a potential conflict of interest related to his previous court costs being covered in a budget allocation.

Ruling

Cr Robertson pleaded guilty to the charge. Case proven with no conviction recorded and no fine imposed.

Case: Inspectorate v Marleine Raffoul

Local Government Area: Moreland City Council
Venue: Broadmeadows Magistrate Court
Judgement date: 29 January 2015

Brief summary of facts

Ms Raffoul was charged under section 59 of the Local Government Act. Candidate allegedly offered women free mammograms to women on "how to vote card" during the 2012 election.

Ruling

Magistrate was not satisfied that, on a point of law, the prosecution did not have a case to answer, although he found the case to be factually correct. Inspectorate ordered to pay costs.

2014 Cases

Case: Inspectorate v Cr Graeme Pittock

Local Government Area: Mornington Peninsula Shire Council
Venue: Frankston Magistrates Court
Judgement date: 27 September 2014

Brief summary of facts

Mr Pittock was charged under section 79 of the Local Government Act for failing to declare a conflict of interest in three council meetings. The charges related to non-delcaration of the conflict of interest at Council Meetings in 2012 on 19 March, 12 June and 18 June.

Ruling

Cr Pittock was found guilty and ordered to pay $4000 and prosecution costs. No conviction was recorded.

Case: Inspectorate v Paul Rumpf

Local Government Area: Melton City Council
Venue: Sunshine Magistrates Court
Judgement date: 31 March 2014

Brief summary of facts

Mr Rumpf pleaded not guilt to a charge under section 62 of the Local Government Act for failing to submit a campaign donation return disclosing all donations of $200 or above. Forms must be submitted to the council CEO within 60 days of the election date.

Ruling

The Magistrate indicated to Mr Rumpf that the offence is a strict liability offence and found the charge proven. Mr Rumpf was placed on a good behaviour bond for 12 months and was ordered to pay $500 in costs.

2013 Cases

Case: Inspectorate v Shane Carson

Local Government Area: Wodonga Rural City Council
Venue: Wodonga Magistrates Court
Judgement date: 11 January 2013

Brief summary of facts

Mr Carson was charged under section 62 of the Local Government Act for failing to submit a campaign donation return disclosing all donations of $200 or above. The charge was proven on the basis that Mr Carson acknowledged that he received two reminder letters (one from LGICI on 25/01/2013 warning of potential prosecution) but took no action to ascertain that his return was received by the CEO of Council.

Ruling

Mr Carson was released on an undertaking to provide his return personally to the CEO by1 February 2014 and ordered to pay costs of $6302 by 1 December 2014.

Case: Inspectorate v Grant Smith

Local Government Area: Bass Coast Shire Council
Venue: Wonthaggi Magistrates Court
Judgement date: 8 November 2013

Brief summary of facts

Mr Smith was charged under section 62 of the Local Government Act for failing to submit a campaign donation return disclosing all donations of $200 or above. Forms must be submitted to the council CEO within 60 days of the election date. Mr Smith submitted his return dated 01/11/2013 to the prosecutor. The Return was posted to Bass Coast Council on 15/11/2013.

Ruling

Mr Smith was fined $750 without conviction and ordered to pay costs of $1000.

Case: Inspectorate v Mike Tyler

Local Government Area: Casey City Council
Venue: Dandenong Magistrates Court
Judgment date: 22 October 2013

Brief summary of facts

Mr Tyler was charged with two breaches of the Local Government Act 1989 for allegedly failing to disclose a conflict of interest to the mayor in writing – as required under section 80B(2) of the Act - and to notify the council of the conflict of interest at the earliest possible ordinary council meeting.

Ruling

Mr Tyler received a 12 month good behaviour bond without conviction and was ordered to pay $1000 to a charity and $9000 in costs.

Case: Inspectorate v Perla Padayachee

Local Government Area: Casey City Council
Venue: Dandenong Magistrates Court
Judgment date: 27 August 2013

Brief summary of facts

Candidate failed to submit Campaign Donation Return within 60 days of the 2012 election.

Ruling

Without conviction issued a good behaviour bond for 12 months and ordered to pay $1472 in costs.

Case: inspectorate v Robert Hughes

Local Government Area: Maroondah City Council
Venue: Ringwood Magistrates Court
Judgment date: 15 August 2013

Brief summary of facts

Candidate failed to submit Campaign Donation Return within 60 days of the 2012 election.

Ruling

Convicted, fined $1000 and ordered to pay $500 in costs.

Case: Inspectorate v Nicholas Angelowitsch

Local Government Area: Wyndham City Council
Venue: Werribee Magistrates Court
Judgment date: 13 August 2013

Brief summary of facts

Candidate failed to submit Campaign Donation Return within 60 days of the 2012 election.

Ruling

Without conviction fined $400 and ordered to pay $1000 in costs.

Case: Inspectorate v Lehi Cerna-ortiz

Local Government Area: Casey City Council
Venue: Dandenong Magistrates Court
Judgment date: 1 August 2013

Brief summary of facts

Candidate failed to submit Campaign Donation Return within 60 days of the 2012 election.

Ruling

Without conviction fined $500 and ordered to pay $1800 costs.

Case: Inspectorate v Roona Fazal

Local Government Area: Casey City Council
Venue: Dandenong Magistrates Court
Judgment date: 1 August 2013

Brief summary of facts

Candidate failed to submit Campaign Donation Return within 60 days of the 2012 election.

Ruling

Fined $500 without conviction.

Case: Inspectorate v David Muscat

Local Government Area: Manningham City Council
Venue: Ringwood Magistrates Court
Judgment date: 31 July 2013

Brief summary of facts

Candidate allegedly nominated for Council despite having an earlier conviction which makes him ineligible to nominate for Council.

Ruling

Guilty of unlawful nomination (being a person who is not qualified to be a candidate or is not capable becoming a Councillor, submitted a nomination form contrary to section 52(1) of the Local Government Act 1989 (Act) ).

Was fined $15,000 and required to pay prosecution costs of $9900 (he was granted a stay of six months for payment).

Case: Inspectorate v Lawry Borgelt

Local Government Area: Moorabool Shire Council
Venue: Bacchus Marsh Magistrates Court
Judgment date: 19 July 2013

Brief summary of facts

Candidate failed to submit Campaign Donation return within 60 days of the 2012 election.

Ruling

Convicted, fined $500 and ordered to pay $500 costs.

Case: Inspectorate v Mohamed Elrafihi

Local Government Area: Moreland City Council
Venue: Heidelberg Magistrates Court
Judgment date: 15 July 2013

Brief summary of facts

Candidate failed to submit Campaign Donation Return within 60 days of 2012 election.

Ruling

Fined $500 without conviction.

Case: Inspectorate v Jocelyn Ouaida

Local Government Area: Moreland City Council
Venue: Heidelberg Magistrates Court
Judgment date: 15 July 2013

Brief summary of facts

Candidate failed to submit Campaign Donation Return within 60 days of 2012 election.

Ruling

Without conviction ordered to perform 20 hours of community work within six months and file Campaign Donation Return within 14 days.

Case: Inspectorate v Jason Evans

Local Government Area: Port Phillip City Council
Venue: Melbourne Magistrates Court
Judgment date: 2 July 2013

Brief summary of facts

Candidate failed to submit Campaign Donation Return within 60 days of the 2012 election.

Ruling

Fined without conviction $1,000 and ordered to pay $500 costs.

Visit the prosecutions archives page to see a list of archived court cases.