Councillor stood down as individual launches private prosecution
A councillor from Hepburn Shire Council has been stood down following a private prosecution initiated by an individual against him and the council's CEO.
The Hepburn Shire Council has confirmed that its CEO, Bradly Thomas, and Councillor Don Henderson have been served with alleged criminal charges stemming from a private prosecution initiated by an individual. This serious allegation has prompted the council to take immediate action, leading to Councillor Henderson being stood down in accordance with the Local Government Act of 2020. However, the CEO will remain in his position as he is not legally required to resign under the current circumstances.
The council has emphasized that the private prosecution process does not involve a formal investigation or any assessment by police or public prosecutorial authorities. This scenario creates a unique legal and procedural context for the allegations, as it falls outside of traditional criminal proceedings handled by law enforcement. The local government has stated its disappointment regarding the accusations but has expressed support for both Mr. Thomas and Councillor Henderson as they navigate this challenging situation.
As the matter unfolds without public oversight from police or standard prosecutorial channels, it raises questions about the implications of private prosecutions in Australia, particularly in local governance. The case may set a precedent and could affect public trust in local government operations, given that the allegations have not undergone the usual investigative procedures. Conclusively, the council's seriousness about allegations and the continuing support for its officials indicate a commitment to transparency and accountability as the legal process moves forward.