Prosecutions are listed from the current year to 2017. For all past prosecutions, visit our prosecutions archive.
2022
Local government area: Benalla Shire Council
Venue: Benalla Magistrates Court
Judgement date: 5 July 2022Summary of facts
Former Benalla Shire Councillor William van Wersch pleased guilty to six charges related to personal interest return non-disclosures. The court heard that during his four-year term, Mr van Wersch failed to submit two interest returns within the required timeframe. He also failed to disclose a number of personal interests in five of his ordinary returns, which included companies in which he held office or a beneficial interest, as well as land interests and trusts interests. The Inspectorate laid 18 charges related to the non-disclosures which were reduced to six rolled-up charges after the former councillor offered to plead guilty.
Ruling
Mr van Wersch was fined $5,000, without conviction, and ordered to pay legal costs of $3,500.
Local government area: Maroondah City Council
Venue: Ringwood Magistrates' Court
Judgement date: 7 September 2022Summary of facts
Mr Marks nominated as a candidate for McAlpin Ward in Maroondah Council in the 2020 general election.
The Victorian Electoral Commission referred information relating to Mr Marks’ eligibility to the Inspectorate, who confirmed that Mr Marks had prior convictions that would render him ineligible to be a candidate under sections 256 and 286 of the Local Government Act 2020.
Mr Marks was advised on 24 September that he was not entitled to nominate as a candidate due to a disqualifying conviction recorded against him in the last eight years. He was retired from the election prior to voting day.The maximum penalty for an offence against section 286 is 240 penalty units (at the time of the offence, a penalty unit was valued at $165.22) or two years imprisonment.
Ruling
Mr Marks received a six-month good behaviour bond after pleading guilty to nominating as a candidate while ineligible.
He will serve the bond without conviction and pay a $300 penalty and $700 towards the prosecution's costs.
2019
Local government area: Murrindindi Shire Council
Venue: Melbourne County Court
Judgement date: 21 October 2019Summary of facts
As a Murrindindi councillor, Chris Healy had attempted to gain an advantage by making improper use of information regarding Murrindindi Shire’s proposed rating strategy. Mr Healy was privy to information about the tenderers for a rating strategy review, which he used in submissions to council and at a meeting of a local trader and tourism association to argue against a differential commercial rate of 125%. At the time, Mr Healy owned three commercial properties in Eildon.
Ruling
Mr Healy was found guilty with four charges proven and one charge being dismissed. He was ordered to pay a $7500 fine and contribute $35,000 towards the prosecution legal costs.
Local government area: South Gippsland Shire Council
Venue: Wonthaggi Magistrates Court
Judgement date: 20 September 2019Summary of facts
The Inspectorate charged Andrew McEwen with one count of misuse of position. alleging that, as a councillor at South Gippsland Shire, he provided a Tarwin Lower resident with information. At the time, the resident was involved in a proceeding against South Gippsland Shire Council in the Supreme Court.
Ruling
McEwen received a 12 month good behaviour bond and no conviction. He was also ordered to pay a $1500 contribution to a community organisation and $15,000 towards prosecution legal costs.
Local government area: Moreland City Council
Venue: Broadmeadows Magistrates Court
Judgement date: 15 May 2019Summary of facts
The Inspectorate alleged that David Nunns, a candidate in the 2016 Moreland Council elections, failed to declare, on his campaign donation return, a $3,000 gift from the Municipal Employees Union Fund.
Ruling
Nunns received a six month good behaviour bond and no conviction. He was also ordered to pay $1,500 towards prosecution legal costs.
Local government area: South Gippsland Shire Council
Venue: Supreme Court (Melbourne)
Judgement date: 3 April 2019Summary of facts
Tarwin Lower resident John Zakula appeared in Melbourne's Supreme Court in September 2018 after an application by the Chief Municipal Inspector into Mr Zakula's refusal to comply with notices in March 2018, which included the requirement that he appear and answer questions related to a current investigation.
The notices were served as part of an investigation into the improper use of information from South Gippsland Shire Council.
Ruling
In a judgment handed down on 3 April, Justice Keogh found in favour of the plaintiff and made orders that Mr Zakula comply by 16 April 2019 with the original notices served on him. Mr Zakula was also ordered to pay legal costs.
2018
Local government area: Central Goldfields Shire Council
Venue: Maryborough Magistrates’ Court
Judgement date: 12 December 2018Summary of facts
Former Central Goldfields CEO Mark Johnston appeared in Maryborough Magistrates’ Court on five charges related to gaining financial advantage by deception. The prosecution tendered that, while the CEO, Mr Johnston had submitted 112 items on his corporate credit card that were falsely claimed as related to council business. At a mention in August 2018, Mr Johnston pleaded guilty to the five charges.
Ruling
Magistrate Megan Aumair found the charges proven and convicted Mr Johnston on all charges. He was ordered to pay $26,000 in fines and $10,000 towards prosecution legal costs.
Local government area: Murrindindi Shire Council
Venue: Shepparton Magistrates’ Court
Judgement date: 10 October 2018Summary of facts
Former Murrindindi councillor Chris Healy appeared in Shepparton Magistrates Court on five charges related to misuse of position. As a former councillor, on five separate occasions, Mr Healy had attempted to gain an advantage by making improper use of information, acquired while a councillor, regarding Murrindindi Shire’s proposed rating strategy.
Ruling
Magistrate John Murphy found all charges proven. Mr Healy was convicted and fined $10,000 and ordered to pay $20,000 in legal costs.
Local government area: Wyndham City Council
Venue: Sunshine Magistrates’ Court and County Court
Judgement date: 16 July 2018 and 14 September 2018Summary of facts
Councillor Intaj Khan appeared in Sunshine Magistrates’ Court on 16 July on eight charges related to interest return disclosures. Cr Khan pleaded guilty to all charges.
Ruling
Magistrate Therese McCarthy found the charges proven and convicted and fined Cr Khan a total of $26,000, with $15,000 in legal costs. Cr Khan appealed the decision and was heard in the County Court on 14 September. The appeal was dropped partway through proceedings and all convictions and fines were upheld.
Local government area: Moreland City Council
Venue: Melbourne Magistrates’ Court
Judgement date: 10 August 2018Summary of facts
David O'Brien was a candidate in the 2016 Moreland City Council elections and failed to submit a campaign donation return by deadline.
Ruling
Mr O'Brien was fined $100 and ordered to pay $2,500 in prosecution legal costs as well as submit a return within 14 days.
Local government area: Ballarat City Council
Venue: Ballarat Magistrates’ Court
Judgement date: 19 July 2018Summary of facts
Koby Bunney was a candidate in the 2016 Ballarat City Council elections and failed to submit a campaign donation return by deadline.
Ruling
Mr Bunney was placed on an adjourned undertaking for 12 months (without conviction) and ordered to pay $1,000 in prosecution legal costs as well as submit a return within 14 days.
Local government area: Frankston City Council
Venue: Frankston Magistrates’ Court
Judgement date: 20 June 2018 (appealed 7 September 2018)Summary of facts
Steven Hughes was a candidate in the 2016 Frankston City Council elections and failed to submit a campaign donation return by deadline.
Ruling
Mr Hughes was originally convicted and fined $1,000, ordered to pay $2,500 towards prosecution legal costs and submit a Campaign Donation Return. On appeal to the Melbourne County Court, the decision was overturned and Mr Hughes was given no conviction or fine and ordered to pay $500 in legal costs.
Local government area: Darebin City Council
Venue: Melbourne Magistrates’ Court
Judgement date: 4 June 2018Summary of facts
Lucas Goodier was a candidate in the 2016 Darebin City Council elections and failed to submit a campaign donation return by deadline.
Ruling
Mr Goodier was ordered to pay $500 towards prosecution legal costs and submit a Campaign Donation Return.
Local government area: Bayside City Council
Venue: Moorabbin Magistrates’ Court
Judgement date: 17 May 2018Summary of facts
John Burke was a candidate in the 2016 Bayside City Council elections and failed to submit a campaign donation return by deadline. Mr Burke applied to have his matter referred to the criminal justice diversion program.
Ruling
The court agreed to the terms of the diversion and Mr Burke was required to make a donation of $200 to beyondblue; pay $500 towards prosecution legal costs; write a letter of apology to the CEO of Bayside City Council and to the Chief Municipal Inspector by 17 August 2018; and submit a Campaign Donation Return within 14 days.
Local government area: Mornington Peninsula Shire Council
Venue: Frankston Magistrates’ Court
Judgement date: 16 May 2018Summary of facts
Michael Sixtus was a candidate in the 2016 Mornington Peninsula Shire Council elections and failed to submit a campaign donation return by deadline.
Ruling
Mr Sixtus pleaded guilty and was placed on an adjourned undertaking for 12 months (without conviction) and ordered to pay $1,500 to the Court Fund and $1,750 towards prosecution legal costs. In addition, an order was made for Mr Sixtus to submit a return within 7 days.
Local government area: Casey Council
Venue: Frankston Magistrates’ Court
Judgement date: 16 May 2018Summary of facts
Frank Lamattina was a candidate in the 2016 Casey Council elections and failed to submit a campaign donation return by deadline.
Ruling
Mr Lamattina pleaded guilty to the charge of failing to submit a return to the CEO of Casey Council. He was placed on an adjourned undertaking for 12 months (without conviction and ordered to pay $2,500 to the Court Fund and $1,750 towards prosecution legal costs.
Local government area: Gannawarra Shire Council
Venue: Kerang Magistrates’ Court
Judgement date: 26 April 2018Summary of facts
Andrew Gibbs was a candidate in the 2016 Gannawarra Shire Council elections and failed to submit a campaign donation return by deadline. Mr Gibbs requested to be placed on the diversion program after admitting his failure to submit a return.
Ruling
The court agree to place Mr Gibbs on the diversion program, and ordered him to submit his return, make a donation of $300 to the Cohuna CFA and pay prosecution legal costs of $1,000.
Local government area: Strathbogie Shire Council
Venue: Benalla Magistrates’ Court
Judgement date: 24 April 2018Summary of facts
Thomas Maher was a candidate in the 2016 Strathbogie Shire Council elections and failed to submit a campaign donation return by deadline. As with other candidates prosecuted by the Inspectorate, Mr Maher had received emails and phone calls reminding him to submit a return and failed to respond.
Ruling
The court agreed to place Mr Maher on the diversion program, ordered him to submit his return, make a donation of $500 to a charitable organisation and pay $1,000 towards prosecution legal costs.
Local government area: Melbourne City Council
Venue: Melbourne Magistrates’ Court
Judgement date: 19 April 2018Summary of facts
Mr Foster was charged with aiding or abetting the unlawful nomination by Ms Brooke Wandin during the 2016 elections. Resulting from charges related to this matter, Ms Wandin was placed without conditions on the diversion program in Melbourne Magistrates’ Court on 6 June 2017.
Ruling
The court recognised the seriousness of Mr Foster’s offending and placed him on a 12-month good behaviour bond with no conviction. Prosecution legal costs were awarded in an amount to be determined.
Local government area: Wyndham City Council
Venue: Werribee Magistrates’ Court
Judgement date: 17 April 2018Summary of facts
Sahra Ashkir was a candidate in the 2016 Wyndham City Council elections and failed to submit a campaign donation return by deadline. As with other candidates prosecuted by the Inspectorate, Ms Ashkir had received emails and phone calls reminding her to submit a return and failed to respond. She pleaded guilty to the charge.
Ruling
The court imposed a 12 month good behaviour bond and did not impose a conviction or fine.
Local government area: Wyndham City Council
Venue: Werribee Magistrates’ Court
Judgement date: 17 April 2018Summary of facts
Wan Li Jiang was a candidate in the 2016 Wyndham City Council elections and failed to submit a campaign donation return by deadline. As with other candidates prosecuted by the Inspectorate, Ms Jiang had received emails and phone calls reminding her to submit a return and failed to respond. She pleaded guilty to the charge.
Ruling
The court imposed a 12 month good behaviour bond and did not grant a conviction or fine.
Local government area: Wyndham City Council
Venue: Werribee Magistrates’ Court
Judgement date: 20 March 2018Summary of facts
Helen Fanakopoulou was a candidate in the 2016 Wyndham City Council elections and failed to submit a campaign donation return by deadline. Mrs Fanakopoulou, who stood as a candidate under her maiden name Simeonidis, had received emails and phone calls reminding her to submit a return and failed to respond appropriately.
Ruling
The court found the charge proven, ordering Mrs Fanakopoulou to pay a $1,500 fine and $1,000 in court costs and receive a conviction.
Local government area: Brimbank City Council
Venue: Sunshine Magistrates’ Court
Judgement date: 5 March 2018Summary of facts
Nick Nicolaou was a candidate in the 2016 Brimbank City Council elections and failed to submit a campaign donation return by deadline.
Ruling
The court did not impose a conviction but ordered Mr Nicolaou to pay a fine of $550 and $1,000 towards prosecution legal costs.
Local government area: Greater Dandenong City Council
Venue: Dandenong Magistrates’ Court
Judgement date: 1 March 2018Summary of facts
Ha Dang Quach was a candidate in the 2016 Greater Dandenong City Council elections and failed to submit a campaign donation return by deadline. The court took into account Mr Quach’s prior convictions in making a determination.
Ruling
The court convicted Mr Quach and ordered him to pay a $800 fine and $1,750 towards prosecution legal costs.
Local government area: Casey City Council
Venue: Dandenong Magistrates’ Court
Judgement date: 1 March 2018Summary of facts
Faisal Najibi was a candidate in the 2016 Casey City Council elections and failed to submit a campaign donation return by deadline.
Ruling
The court imposed a 12 month good behaviour bond and ordered Mr Najibi to pay $1,000 towards prosecution legal costs.
2017
Local government area: Melbourne City Council
Venue: Melbourne Magistrates’ Court
Judgement date: 6 June 2017Summary of facts
Ms Wandin appeared for a diversion hearing on charges of unlawful nomination and false declaration. Ms Wandin was charged after the 2016 Melbourne City Council elections, in which it was alleged she falsely declared her eligibility to nominate as a councillor, despite not residing in the municipality in accordance with electoral regulations.
Ruling
Ms Wandin was granted a diversion with no criminal conviction recorded or fine imposed.
Updated