Mayor John Brent was cleared of all misconduct charges brought by fellow councillor Derek Swanborough in a sweeping decision by Jack Noye, Acting Director-General of the Department of Local Government and Planning.
Swanborough had brought charges against Mayor Brent where he alleged Cr Brent said Swanborough was “a lying toad”, “a bastard”, “that others are about to bring criminal charges against me”, “that I have had an unsavoury relationship with a high profile former female Councillor” and “that I acted improperly or was sacked from my previous employment.“
Swanborough said that the charges arose from on the record conversations that Mayor Brent had with the Fassifern Guardian, the Tamborine Mountain Daily Star and in public comments John Brent made outside the Boonah Council Chamber in front of the media and general public.
The Local Government Department relied on evidence gathered by a former Federal Police detective. The private investigator spoke at length to Swanborough, Mayor Brent, several other Councillors and to this reporter.
After receiving the detailed investigator's report, Acting Director-General Noye did not question the validity or accuracy of any of Swanborough’s allegations that Mayor Brent had called him a "liar", "bastard" and "engaged in unsavory behaviour".
In fact, Jack Noye said that the allegations “could be seen to cast Councillor Swanborough in a negative light” and invited Swanborough to “seek remedy through his own competent and independent legal advice.”
In last week's decision, Noye issued a far reaching clarification of the Local Government Act. Jack Noye said he was of the opinion that all the alleged conversations with the media were in Mayor Brent’s private capacity and were not for public consumption.
Acting Director-General Noye said that the provisions of the Local Government Act could only be enforced in Council Meetings or when “complying with Council policies or procedures.”
This seems to give Councillors a very free hand in what they say and where they say it. For example, majority of Swanborough’s allegations arose from an interview with Mayor Brent and Fassifern Guardian journalist Natalie Scalora after a Council meeting held in Boonah.
- The interview was conducted on Council property whilst the Mayor was officiating at a public Council function.
- The interview was conducted in the full sight of the invited public.
- The journalist had a recorder held up to the Mayor's face
- In the recording, Ms Scalora is heard reminding Mayor Brent that he was on the record on more than one occasion.
However, Jack Noye says that "on the balance of probabilities" John Brent was engaged in a private conversation with journalist Natalie Scalora. In that case Cr Swanborough's allegations were nothing to do with him or his department.
Acting Director-General Noye apparantly reached this decision by himself. In the notification to Cr Swanborough's solicitor, Noye never once refers to a Tribunal decision. The Queensland Local Government Act suggests that an independent Tribunal can be used when a Mayor is accused of Misconduct.
Taking Acting Director-General Noye's decision on face value, it seems that Councillors are now free to engage in “private conversations” with journalists, where the Councillors can make all manner of unsupported allegations that impugn the character of their colleagues, without being in breach of the Local Government Act.
Mayor Brent told the Beaudesert Times that he ". . . was delighted with this decision. I have been cleared of all 13 allegations made by Cr Swanborough and Cr Swanborough had every opportunity to detail his case."
Cr Swanborough claims he has been " . . . denied natural justice. I did not have an opportunity to state my case before a properly empanneled Tribunal". Derek Swanborough also said that he was investigating the possibility of a "Judicial Review of the case and all the circumstances surrounding it."
With the misconduct charges against Mayor now dealt with, consistent but unconfirmed reports are swirling about the Shire that John Brent intends to take another tilt at pre-selection for the State seat of Beaudesert.
It is also said that Campbell Newman still sees Brent as Deputy Premier material with the possibility of a major portfolio that could leverage the skills Mr Brent has built up over many years of public service in the regions.