Judgement day – one guilty, one not

Shellharbour City Council’s landmark million dollar Land and Environment Court case has concluded with Cr Helen Stewart found guilty of breaching the Local Government Act by leaking a confidential report.

The council was unsuccessful in its action against Cr Geoff Rose, and was ordered to pay his costs.

The court made no finding in relation to the two other alleged leaks, including the details of Brian Weir’s contract, and made no order as to costs between the council and Cr Stewart.

The case was based on allegations Crs Stewart and Rose were involved in the leaking of confidential information to a website in 2006.

The judgement, handed down by Justice Biscoe last week, was met with satisfaction by Mayor David Hamilton and general manager Brian Weir, who believed it vindicated their decision to take the allegations to court.

“This court case is a matter of great seriousness for our city. We welcome Justice Biscoe’s findings,” mayor David Hamilton said.

“The community has a right to expect its elected council will conduct its business in a proper manner. We simply could not continue to operate in a climate of escalating leaks, including ten years of confidential information.”

Mr Weir said the council was now considering referring Cr Stewart to the council’s conduct committee – an action he said could not have been performed initially because Cr Stewart and Cr Rose had signed affidavits swearing their innocence.