Burnside abandons MacPherson legal push

BURNSIDE Council will not take legal action to force the completion and release of the MacPherson Report.

Burnside Council

BURNSIDE Council will not take legal action to force the completion and release of the MacPherson Report.

The council sought advice from solicitor Michael Kelledy and Paul Slattery QC about pursuing Supreme Court action to compel Local Government Minister Russell Wortley to reinstate the investigation into allegations of undue influence at the former council.

Mr Wortley called off former auditor-general Ken MacPherson's two-year investigation in June last year.

The legal advice, presented to the council at last week's meeting (Tuesday, June 26), revealed any legal challenge would be "futile".

In a letter to the council, Mr Kelledy wrote: "It is our advice that given the difficulties ordinarily faced by a party in seeking to compel a Minister of the Crown to perform a duty, the present circumstances ... would render any action against the Minister futile.

"The prospect of a similar action against the investigator is equally futile, given the ultimate power of the Minister to remove the investigator."

The advice highlighted that under the Local Government Act the Minister had no statutory duty to ensure the report was completed and released.

It was "most unlikely" that the Supreme Court would order the Minister to release the report, according to the advice.

Cr Leni Palk, who is a solicitor and called for the legal advice in April, told the meeting she was not surprised.

"It's important the community have independent advice that they can see and assess," Cr Palk said after the meeting.

As the Eastern Courier Messenger reported in May, the soon-to-be created Independent Commission Against Corruption (ICAC) will have the power to investigate the allegations.

-Eastern Courier Messenger