Adelaide City councillor Simon Hou backs bid to overturn election, wants secret tape outed

Another Adelaide City councillor has backed a bid to overturn the election, asking for a secret recording to be released to defeated candidate Alexander Hyde.

Central Ward councillor Simon Hou, pictured in 2017, has asked the Supreme Court to release a covert recording, made by his wife, to defeated candidate Alexander Hyde. Picture: Kelly Barnes / The Australian

An Adelaide City councillor has thrown his support behind a bid to overturn the election – even though it could mean he has to run again.

On Tuesday, Central Ward councillor Simon Hou asked the Supreme Court to release a covert recording, made by his wife, to defeated candidate Alexander Hyde.

Mr Hou said he “truly believed” the recording supported Mr Hyde’s claim that successful candidate Jing Li and his associates engaged in illegal practices to secure his win, and wanted it released.

Adelaide City Councillor Simon Hou. Picture: Supplied

Successful Adelaide City Council candidate Jing Li. Picture: Dean Martin

“I was hesitant to get involved because I’m not trained for this kind of legal matter,” he told Justice Adam Kimber.

“If Mr Hyde wins this case, I will have to run for election again myself so I was hesitant to get involved, I did not want to be bothered.

“I’ve been criticised by parts of my own community, many of whom are saying I’m working (against) another Chinese person.

“But, to the best of my knowledge, I do believe there was someone helping one of the candidates to collect ballots from letterboxes … that’s how I understand the term ‘illegal practices’.”

“My fundamental belief is that it’s okay to get the wrong result if you’re doing the right thing – I don’t like to see people get the right result by doing the wrong thing, because you will mislead future generations.”

Mr Hyde has petitioned the Court of Disputed Returns to overturn his loss in last November’s election, and says the tapes, held by the Electoral Commission, are crucial to his case.

Alexander Hyde at the Adelaide Town Hall in 2021. Picture: Matt Turner

He has claimed Mr Li offered jobs to people who “obtained the most enrolments” resulting in “illegitimate votes” – accusations that Mr Li has repeatedly denied.

In court last week, Mr Hyde’s counsel alleged the tapes record Mr Li’s associates discussing “illegal” practices and his promises of support if elected.

Those promises, Mr Hyde’s counsel alleged in court, included an associate saying Mr Li “thought he could get the SA Premier and chief of police to attend” event openings.

On Tuesday, counsel for Mr Hyde asked the court to accept an affidavit sworn by Mr Hou on September 26, outlining how and why the recording was made.

Justice Kimber did so, on the condition Mr Hou be subject to cross-examination.

Damian O’Leary SC, for Mr Li, asked Mr Hou if he wrote the affidavit himself.

“I did not … it was drafted by others … I read it, I checked it three times, I made changes,” Mr Hou said.

He said the affidavit was true and accurate regardless.

“All of the information here, I have submitted to lawyers for the Electoral Commissioner a long time ago, straight after the election,” he said.

“It has all been given to Mr Hyde’s lawyers before … whoever comes to me and asks me for the information, if I believe it’s true and accurate, I will give it to them.”

Mr O’Leary suggested there were no changes between the draft and signed versions of the affidavit, and further suggested to Mr Hou that he was incorrect.

Mr Hou conceded he could not see any differences but was “100 per cent sure” he made changes and “100 per cent comfortable” with the signed version.

Justice Kimber has reserved his decision on the release of the recordings.