Cairns councillors' rift deepens with $300,000 legal threat
A CAIRNS councillor accused of misconduct has started legal action against the fellow councillor who reported him, lodging a defamation claim for $300,000 in damages.
Court documents filed on behalf of Cr Sno Bonneau say claims raised by Cr Rob Pyne have caused distress and embarrassment. When told of the civil action Cr Pyne said: "When I stood for the council, I promised to act as a watchdog and stand up for transparency and accountability. This will not change." But Cr Bonneau said the matter may never proceed to the courtroom because he was waiting for the outcome of a State Government investigation into the allegations before serving Cr Pyne with the lawsuit.
The investigation by the Crime and Misconduct Commission and Department of Local Government and Planning had lasted a year, and the department could not say when any determination would be made. "The proceedings have been filed to keep my claims within the 12-month limitation period but (they) may never be served or acted upon," Cr Bonneau said, referring to the one-year deadline imposed on defamation action in Queensland courts.
His claim related to a dossier collated and circulated by Cr Pyne in February last year, which included allegations that Cr Bonneau had taken cash donations from developers and business owners and then failed to declare a conflict of interest when the council made decisions relating to the donors.
In the statement of claim, Cr Bonneau alleged Cr Pyne’s accusations, which were also published in The Cairns Post in February last year, painted him as corrupt, unfit to remain as a councillor and unethical.
"General damages are sought to vindicate the reputation of the plaintiff (and) compensate the plaintiff for distress and embarrassment caused to him," the claim stated. Aggravated damages are being sought on the "falsity of the matter complained of", the "maliciousness" of the dossier and Cr Pyne’s alleged "intention to publicly diminish the standing and credibility of the plaintiff".
Cr Pyne said he was disappointed in the length of time it was taking to finalise the investigation, but he stood by the allegations. "I’m sure the outcome of the investigation will vindicate me," he said.
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My Opinion
In a modern democracy it is so important that the safeguards set up to protect its fragile state operate with efficiency within a reasonable time limit. Allegations made against Bonneau by Pyne were submitted for investigation almost a year ago. As at the time of this posting the investigation is still underway and no time limit has been set for the decision.
This matter must be determined as soon as possible and certainly before nomination for the Cairns Regional Council election are called for. It would be untenable if the decision was handed down after the election at which Bonneau was successful. The electors have a right to know whether Bonneau has breached the Local Government Act and whether he is indeed eligible to stand.
In meantime I believe that transparency is paramount and that justice is not only done but seen to be done. Therefore, I call on the Cairns Regional Council CEO to request Bonneau to stand down while the investigation is underway.
Ross Parisi
15.02.2012
Ross, I will also call on Bonneau to stand down but so should the person doing the accusing and Kirsten Lesina!!! Boss Hog.
ReplyDeleteSno has had good advice that he will be cleared, hence the legal action notification that must be entered before one year since the slander/libel occurred. Rob Pyne is a bit of a "look at me" person, very much like Linda Cooper.
ReplyDeleteActually all credit to your opponent Sno Bonneau. He has waited patiently for the result of this hearing but for some reason it has been dragged out, presumably for some sort of Labour Party political gain. A bit like the Craig Thomson affair. I can understand your desire to have him removed from a fair political contest.
Now let's have a long hard dispassionate look at what Kirsten Lesina is doing.
Do you believe Campbell Newman should have remained as Mayor whilst campaigning for a state govt seat?
That's what Kirsten is doing.
Thank you for your contribution. Candidates that underestimate the political intelligence of the Australian electorate do so at their own peril. Furthermore, the Australian voter has the propensity to reward boldness and punishes those of whom it perceives as using their position for political gain.
ReplyDeleteOf course Kirsten should have stepped down from her Council paid position the moment she won the ALP endorsement for the State seat of Cairns. The Cairns electorate will have the opportunity to pass judgment on this issue on the 24th March 2012.
I do understand why Kirsten may have not resigned from Council. If a vacancy had resulted in Division 4 within 12 monrth of the due date of the local government poll, then as per the Local Government Act the vacancy would have to be filled by the Cairns Regional Council and we know who has the numbers there. If this had occured there may well have been no Cairns Entertainment Precincit.
I'll tell you why Ross.
ReplyDeleteShe didn't step down because there was the CEP vote to force through.
Sheer bloody political hypocrisy ...
'Whale Oil beef hooked', you may well be correct in your assessment. I don think that the Cairns electorate will view her actions with a large slice of cynicism much to her peril!
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