Doubts About Evidence

Illawarra Mercury

Thursday March 27, 2008

By SARAH ALLELY

THE landmark million-dollar case brought by Shellharbour City Council finally wound up in the Land and Environment Court yesterday, with evidence against councillors Geoff Rose and Helen Stewart described as either circumstantial or questionable.

Justice Peter Biscoe reserved his judgment at the end of the sensational ratepayer-funded case which centres on council allegations that councillors Stewart and Rose breached the Local Government Act by leaking general manager Brian Weir's contract renewal, remuneration package and a draft report to a community website in 2006.

The council's case is built on phone, fax and internet records between the councillors, resident Shirley Hollis and then site contributor, Peter Holstein.

Mr Holstein had been the council's star witness, but later changed from saying Cr Stewart leaked information, to denying he knew the source.

Yesterday Justice Biscoe agreed the council's case against Cr Rose was purely circumstantial.

Peter Maiden, SC, argued the case should fail, as there was no direct evidence in respect of Cr Rose, and the council's case was that either Cr Rose or Cr Stewart, or both, was responsible for the June 15 leak, but not that they were in cahoots.

"All the links must go to one result in any circumstantial case," he said.

Justice Biscoe noted later that a letter Mr Holstein received which contained Mr Weir's remuneration details, appeared to have been written before the June council meeting at which councillors were informed.

This meant Mr Holstein only needed confirmation after the meeting that the salary package was passed.

Cr Stewart's barrister, Warren Moss, argued that Mr Holstein was put under inappropriate pressure from ex-police detectives hired by the council, and had "plucked" Cr Stewart's name out of thin air.

But the judge said this did not show Mr Holstein had been pressured but rather was "an artful liar just trying to protect other people".

Francis Douglas, QC, for the council, said his case had several "clear and unequivocal" points, such as Cr Stewart's text messages to Mr Holstein during the August court hearings.

Mr Douglas stressed the dangers of council leaks, and said Mr Biscoe's judgment would impact on councils throughout NSW.

© 2008 Illawarra Mercury

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