Adelaide City councillor Jessy Khera must apologise over flyer about North Adelaide councillors Anne Moran, Phillip Martin
A city councillor has landed in hot water over a flyer he sent around North Adelaide accusing two councillors of wanting to spend public money on a colleague who quit.
SA News
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An Adelaide city councillor must apologise for circulating a flyer accusing two colleagues of wanting to spend ratepayers’ money on farewelling another councillor who quit prematurely.
Long-serving North Adelaide councillor Anne Moran lodged a complaint against Cr Jessy Khera over the flyer, which questioned requests by her and Cr Phillip Martin for Lord Mayor Sandy Verschoor to host a function for Greens politician Robert Simms.
The flyer was posted by Mr Khera to hundreds of North Adelaide residents in an envelope marked “important council information” during a by-election earlier this year to replace Mr Simms.
It said Mr Simms had twice resigned from council to move into federal or state politics, costing ratepayers around $130,000 in by-elections.
A Central ward councillor, Mr Khera questioned whether Cr Moran and Cr Martin “can be trusted with your money” for asking Ms Verschoor to host “nibbles and drinks” for Mr Simms or “a reception including his colleagues from the last council”.
Cr Moran lodged a code of complaint in June with then acting council chief executive Clare Mockler, alleging the flyer “was inaccurate, misleading, malicious and defamatory”.
“The flyer is quite defamatory to myself and accuses me of mishandling council monies and being ‘untrustworthy with said monies’,” she wrote.
“He has impugned my integrity and honesty.”
Cr Moran said Cr Khera’s claims that she wanted ratepayers’ money spent on Mr Simms were incorrect “as it was all to be donated and none were spent”.
“Mr Khera is a South ward (sic) councillor so he represents the ratepayers of South ward (sic),” she said.
“This direct mailing only went to North Adelaide, leading to the clear conclusion it is malicious, misleading and aimed to damage my standing in my community, North Adelaide.”
Ms Mockler called in law firm Minter Ellison to conduct an investigation when internal attempts to resolve the dispute through mediation were unsuccessful.
In her report, Minter Ellison lawyer Susie Inat found Cr Khera had breached the council’s code of conduct.
“Cr Khera’s actions of producing and distributing a flyer that impugned the character and integrity of councillors Moran and Martin in the time and manner he did, was disrespectful,” she said.
“... however, I do not find that the content of the flyer was inaccurate or misleading.”
Through his lawyers, HWL Elsworth, Cr Khera rejected Cr Moran’s claims, arguing the flyer was “pure political speech” and he was exercising “pure political communication”.
“Our client was not motivated by malice in preparing or distributing the flyer,” they said.
“The flyer was a political communication designed to cause the public to question councillors’ views around public expenditure.”
Councillors voted unanimously on Tuesday to order Cr Khera to publicly apologise to Cr Moran and Cr Martin. Cr Khera declined to comment.