Ex-Logan councillor Hajnal Ban loses court appeal against convictions

A COURT has ruled on an appeal by a controversial former councillor to overturn convictions that ended her local government career.

Hajnal Ban at Applications to Supreme Court Photographer Philip Norrish NO PHOTO CREDIT

CONTROVERSIAL former Logan City councillor and barrister Hajnal Ban has lost an appeal to overturn criminal convictions that ended her local government political career.

Brisbane District Court Judge Brad Farr yesterday refused Ban’s application for leave to appeal three of four convictions received for breaches of the Local Government (Operations) Regulation in the Beenleigh Magistrates Court in March 2012.

DEADLINE: Hajnal must return unit

APPEAL: Court bid by former councillor

However, Judge Farr granted Ban’s appeal on one charge, and quashed her $1000 fine and conviction for not declaring a pecuniary interest while she was working in public office.

Magistrate Trevor Morgan found Ban, who was at the time appearing in court under her married name of Hajnal Dalia Black, guilty of four of five charges — including failure to declare a joint bank account with a man she held power of attorney over to the CEO of Logan City Council.

Hajnal Ban at an earlier court appearance in Brisbane.

The charges were brought after Supreme Court actions was taken by the Queensland Public Trustee — acting for a dementia patient and now late barrister Russell Tacon, alleging she mismanaged her mentor’s more than $1.37 million of his money.

Ban was found guilt of failing to declare a joint bank account with Mr Tacon, failing to declare his relationship with her, failed to declare her business Dahlia International, failing to declare an interest from an unsecured personal loan and a property at Mt Warren Park between August 12, 2009, and October 28, 2011.

Ms Ban subsequently launched an appeal in the Brisbane Supreme Court and sort an extension of time to appeal all four convictions and $3450 in fines.

Judge Farr, in his written decision, said Ms Ban appealed on nine grounds, including that the penalty imposed was manifestly excessive and the charges should have been stayed before the summary trial was heard.

Ban also argued the convictions imposed by Magistrate Trevor Morgan meant she could no longer serve as an elected official and was not able to stand for office for at least four years.

Hajnal Black audio

QUEST: Audio of Logan councillor Hajnal Black withdraws from the upcoming Local Government elections

Judge Farr, in dismissing Ban’s appeal, said: “The appeal documents do not contain any submission or relevant authority to suggest that the fines imposed or the periods allowed for the payment of the fines were manifestly excessive or unjust.’’

“(Ban’s) sole complaint appears to be that a conviction was recorded against her, with the consequence that she was disqualified from being a councillor or standing for election as a councillor for four years.

“(Ban) failed to demonstrate any good reason to account for the significant delay in filing a Notice of Appeal, nor has she demonstrated that the appeal in relation to those charges has any reasonable prospects of success.

“Accordingly the application for leave to extend the period of time to file a Notice of

Appeal ... is refused.’’

But Judge Farr granted Ban’s appeal on the fourth charge on the grounds “inadmissable evidence’’ was placed before the court which ultimately resulted in the Ban being convicted of an offence for which no case existed.

The decision means Ban’s fine is now reduced to $2450. She was also order to pay court costs totalling $5000.

Ban was not present for the delivery of the decision. She was also absent from court due to “illness’’ for a Court of Appeal hearing on Wednesday.