OUR VISION: A vibrant growing area supported by quality infrastructure and services that meet community needs and maintains our unique lifestyle OUR MISSION: To service our growing community by providing cost efficient and effective services and quality infrastructure to maintain and enhance our rural lifestyle LATE AGENDA REPORT for the Meeting of LIGHT REGIONAL COUNCIL in the COUNCIL CHAMBER 93 Main Street, Kapunda TUESDAY, 18 MARCH 2008 Principal Office: 93 Main Street Branch Office: 12 Hanson Street Kapunda 5373 Freeling 5372 Telephone: 8525 3200 Facsimile: 8566 3262 Recommendation That the report on Late Agenda Item 10.1.2 referring to Mr Peter Beare –v- Light Regional Council be received and considered by Council. 10.1 CHIEF EXECUTIVE OFFICER Item No: 10.1.2 File No: Subject: Mr Peter Beare –v- Light Regional Council Author: Brian Carr, Chief Executive Officer Report Presenter: Brian Carr, Chief Executive Officer Executive Summary Report highlights • Council’s Barrister, Alex Lazarevich attended at the District Court to oppose Mr Beare’s application to stay the proceedings until the outcome of the criminal proceedings is known. • Orders made by Master Bampton: • Mr Beare is to file and serve application seeking a stay pending the outcome of criminal proceedings today (26 February 2008); • Mr Beare is to file and serve any further affidavits by 14 March 2008; • Light Regional Council is to file and serve any responding affidavits by 28 March 2008; • The matter is listed for 31 March 2008 at 11:30am; • Costs reserved. Recommendation That Council note that Council’s Barrister, Alex Lazarevich attended the directions hearing before Master Bampton at the District Court on 26 February 2008 to oppose Mr Beare’s application to stay the proceedings as resolved by Council on Tuesday, 20 November 2007. Reasons for the decision The reasons for Council’s decision to oppose the stay or proceedings made on Tuesday, 20 November 2007 are confirmed. Detailed Report Purpose To update Council on the status of the claim being made by Mr Peter Beare against the Council. Background At Council’s Tuesday, 20 November 2007 ordinary meeting, a report on correspondence received from Norman Waterhouse, Lawyers, advising that Mr Peter Beare was seeking “a formal stay of the proceedings at the directions hearing listed for 27 November 2007” was presented and the following motions were recorded: “Moved Cr Skevington Seconded Cr Alcorn Late Agenda Report Council meeting 18 March 2008 Page 2 of 4 1. That the correspondence from Norman Waterhouse with attachments from Bourne Lawyers and the Anti Corruption Branch be received. 2. That Council’s lawyers (Norman Waterhouse) be instructed to oppose Mr Beare’s proposal to stay proceedings on the following grounds:- (a) Mr Beare brought the application before the Court and should have been aware of the possibility that criminal charges would not have been laid by the time his civil matter came under consideration. (b) As Mr Beare’s claim is of a civil nature, there is no reason to grant a stay of his application pending the outcome of any criminal charges that may be laid. CARRIED” At Council’s Tuesday, 11 December 2007 ordinary meeting an information report was presented advising that the matter had gone before the District Court on 27 November 2007 and was adjourned for a further Directions Hearing to be held on 26 February 2008. Discussion/Analysis On 25 February 2008 the Chief Executive Officer forwarded a confidential memo to Elected Members advising that the Anti-Corruption Branch of the South Australian Police, on Friday, 22 February 2008 had formally charged Mr Peter Beare with two counts of abuse of public office and that the matter was due to come before the Courts on 28 May 2008.. Council’s Lawyers, Norman Waterhouse, were of the opinion that at the Directions Hearing on 26 February 2008 Council “should continue to oppose the stay of the civil proceedings on the basis that the claim is Mr Beare’s application. His proceedings were instituted at a time when he knew that criminal proceedings may be laid against him.” On 26 February 2008 Mr Alex Lazarevich attended before Master Bampton, on Council’s behalf, at the District Court directions hearing at which time he opposed Mr Beare’s application to stay the proceedings until the outcome of the criminal proceedings is known. Master Bampton made the following orders: • Mr Beare is to file and serve application seeking a stay pending the outcome of criminal proceedings today (26 February 2008); • Mr Beare is to file and serve any further affidavits by 14 March 2008; • Light Regional Council is to file and serve any responding affidavits by 28 March 2008; • The matter is listed for 31 March 2008 at 11:30am; • Costs reserved. Conclusion with reasons References Legislation N/A Council Policies N/A Late Agenda Report Council meeting 18 March 2008 Page 3 of 4 Strategic Plan N/A Budget Impact Legal costs; however note that costs are reserved.