'tea Stain' Evidence Fails To Wash In Court

Illawarra Mercury

Thursday April 24, 2008

By VERONICA APAP

THE Land and Environment Court has ruled that Shellharbour councillor Helen Stewart did leak a confidential Department of Local Government report to a community website.

Justice Peter Biscoe yesterday found that Cr Stewart leaked a draft report of the Department of Local Government Promoting Better Practices review to Peter Holstein for the South Coast Councils Community Forum website in May 2006.

The allegation was the only one of three against Cr Stewart that was proved.

Cr Geoff Rose was cleared of the same three allegations which also included leaking information about general manager Brian Weir's salary and confidential council business papers.

The draft departmental report had been faxed to all councillors by Mr Weir, with a heading stating the report was strictly confidential.

During the Land and Environment Court hearings, Cr Stewart claimed her cat - the late Socks - had jumped onto her desk and spilt a cup of tea on to the report.

Mr Holstein's version of the report was not tea-stained and Cr Stewart had argued it meant she did not leak her version of the review to him.

Justice Biscoe's judgment said he doubted the reliability of the "tea stain" evidence.

"If there was an occasion when the cat knocked over a cup of tea and stained a document in Cr Stewart's study, given that she was not joined to the proceedings until March 2007, it is a remarkable feat of memory for both her husband and her to recall that it occurred on the night of May 16, 2006, and, in her case, to recall that the document was the draft DLG report," he said.

"She gave evidence that the tea was spilt on the draft DLG report at about 9.30pm.

"If that is so, it was late enough for the document in the meantime to have been given to Mrs (Shirley) Hollis to give to Mr Holstein."

Mr Weir said the judgment was part of his investigation into the leaks and Cr Stewart would face the council's code of conduct committee.

Justice Biscoe ruled that the council was liable to pay Cr Rose's legal bill but made no costs order between the council and Cr Stewart.

The parties have until 3.45pm today to make costs submissions before Justice Biscoe makes a final costs order.

Mayor David Hamilton said outside court the council was forced to pursue the legal action.

"This action was never taken lightly," he said. "The community has a right to expect its elected council will conduct its business in a proper manner.

"We believed we simply could not continue to operate in a climate of escalating leaks, including 10 years of confidential information."

Mr Weir said the council dealt with multimillion-dollar projects and it had to remain sure that when the council said a document would remain confidential, it would.

"This is the first time a council has ever tested the confidentiality provisions of the 1993 Local Government Act," he said.

"The decision will be watched with great interest, and it is hoped anyone in elected office takes note and realises what can happen when confidentiality provisions are not respected."

Mr Weir and Cr Hamilton did not expect the council would oppose paying Cr Rose's costs but said they would need to seek advice before offering him an apology.

© 2008 Illawarra Mercury

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