DPP drops private prosecution, allowing Hepburn councillors to resume duties

In a rare private prosecution, Hepburn businessman David Penman accused five Hepburn Shire councillors—Tony Clark, Don Henderson, Shirley Cornish, Pat Hockey and Lesley Hewitt—and former chief executive Bradley Thomas of misusing public office, triggering mandatory stand-downs under the Local Government Act. The state government had previously warned of an administrative takeover due to the disruption. The Director of Public Prosecutions stepped in at the Ballarat Magistrates Court, examined the dossier and determined that the evidence did not meet the threshold for prosecution, leading to the dismissal of all charges.

Mayor Tony Clark announced that the councillors will be reinstated to their positions. A separate battle now focuses on recovering the considerable legal costs, with the council, the former chief executive and the councillors seeking compensation from Penman. Rural Councils Victoria welcomed the DPP’s action but urged the new premier Ben Carroll and local-government minister Tim Richardson to amend the law that allowed the stand-down mechanism. Further cost-allocation hearings are scheduled for late August.