LATE AGENDA REPORT LIGHT REGIONAL COUNCIL TUESDAY, 18 MARCH 2008 by lindayy

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                            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.

								
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