Huge bill for failed case

By STEVE GRAY

THE cost of prosecuting of one of its own councillors has wasted money that could have paid for an audit of Tenterfield Shire Council’s financial position, a group of residents says.
According to council’s own figures it has spent $93,050.12 for its failed prosecution of Blair Maxwell, a councillor and owner of the Emu Creek Extreme Retreat.
The Tenterfield Progress Association says an audit of council’s financial position, which could indicate the necessity or otherwise of a rates rise, would cost about $70,000.
Just prior to Christmas, the council updated a GIPA request lodged by Graham Foan seeking information on the prosecution of the Emu Creek Extreme Retreat. It indicates that over $45,000 went in legal fees; $33,000 employing sound technicians; and over $11,000 in staff wages.
The prosecution finally came after years of noise complaints from residents near the motor sport venue, but did not result in a conviction after the council sought to amend its case in court.
The magistrate then told the parties to negotiate.
Mr Maxwell was not convicted but agreed to pay $400, the equivalent of the two fines he faced, while the council faces payment of $6000 towards Mr Maxwell’s legal costs.
The Tenterfield Progress Association (formerly the Tenterfield Ratepayers and Anti-amalgamation Forum) said the cost of the failed prosecution highlighted the need for an audit of council.
“If we can afford to go on ridiculous jaunts like this then we can afford to pay for the Efficiency audit – estimated cost $70,000 – that we are demanding,” spokesman Robert Walker said.