Lawyer Mark Hamilton considers joining court action over Adelaide City Council election result

In an unprecedented move, a third unsuccessful candidate in the Adelaide City Council election is considering court action to have it declared void.

Former Adelaide City councillor Alexander Hyde is contesting the Central Ward result in court, which has gained interest from another unsuccessful candidate. Picture: Matt Turner.

A third unsuccessful candidate in the Adelaide City Council election is considering joining court action to have the result declared void, following fresh allegations of bribery and illegal practices.

Lawyer and Central Ward candidate Mark Hamilton told The Advertiser he was in support of former councillor Alexander Hyde’s petition to the Court of Disputed Returns.

Mr Hyde claimed a successful council candidate had offered a job to the person who obtained the most enrolments and votes for him, in court documents lodged on Friday.

“I’m actively considering applying to join (the petition) as an interested party,” Mr Hamilton, a former city councillor and deputy lord mayor, said.

“I believe the outcome of the election was changed by illegal practices, including those that have been specifically identified.

Lawyer Mark Hamilton. Picture: Mike Burton

“I also think there are much wider instances that the electoral commissioner wasn’t able to detect given the limited time and (his) ability to intervene.”

Mr Hamilton received 393 votes in the November 12 election and polled sixth in the race for four positions, while Mr Hyde came fifth behind councillor Jing Li by 41 votes.

Former senator Rex Patrick has also lodged a petition to have the lord mayoral race declared void, which saw Jane Lomax-Smith elected by 51 votes.

Four city apartment buildings were at the centre of voter scam allegations that saw 90 ballots referred for further scrutiny and 23 omitted from the election count.

It is also claimed WeChat messages and real estate agents were used to collect ballot papers and unfilled voter packs in support of Jing Li, according to court documents filed by Mr Hyde.

The unprecedented court action has resulted in the council holding two confidential briefings on the matter on Tuesday night.

The council’s chief executive, Clare Mockler, said their lawyers would present to all elected members the process associated with a petition the in the Court of Disputed Returns.

“Following that a second session will be held to discuss specific information related to the council’s involvement in the proceedings. Only council members who do not have a conflict of interest by virtue of the petitions will attend the second session,” Ms Mockler said.

“If there is information that can be shared with the community following the meeting, then this will be released.”

Adelaide City Council chief executive officer Clare Mockler. Picture: Adelaide City Council

At last week’s council meeting, councillor Mary Couros unsuccessfully asked elected members for a briefing on the electoral commission’s investigation into the illegal practices.

Mr Hyde told The Advertiser seven councillors voted down Ms Couros’s motion, but they were now going to receive “ratepayer-funded legal advice … in a secret meeting”.

“It indicates a disturbing lack of transparency on matters which are key to the public interest,” he said.