David Penman wasn’t happy with his local Victorian council. So, he privately prosecuted five councillors
Summary
David Penman, a small business owner in Victoria, Australia, used private legal actions to charge five local councillors and the council CEO with unlawful conduct related to the council's budget. Due to the law requiring councillors facing criminal charges to stand down, only two of seven councillors remain active, stopping the council from making major decisions until court cases finish.Key Facts
- In Victoria, councillors must step down if charged with a crime while the case is ongoing.
- David Penman launched private prosecutions against the Hepburn Shire mayor, four councillors, and the council CEO.
- The charges claim the council unlawfully adopted the budget without required financial documents.
- Only two out of seven councillors are able to serve, so the council cannot meet for major decisions.
- Daily services like rubbish collection and libraries continue despite the legal issues.
- Council representatives say the private prosecutions disrupt democracy and community representation.
- The Victorian government is considering changes to the Local Government Act to prevent private prosecutions from forcing councillors to step down in the future.
- Local councillor Brian Hood said the council is in limbo and an administrator may be appointed by the state government.
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