Sacked mayor Luke Smith sends legal letter over Facebook comment

The sacked mayor of a southeast council has sent a legal letter to a prospective candidate demanding he take action over a comment made about the former council from his campaign Facebook page.

Logan City Council Division 8 candidate Jacob Heremaia on the campaign trail.

LAWYERS for sacked Logan mayor Luke Smith have sent a letter to a candidate in next year’s local government elections asking him to refrain from posting comments about the previous council on Facebook.

The letter from Gadens lawyer Michael Owens was emailed to Logan City Council Division 8 candidate Jacob Heremaia on Monday, giving him until Tuesday at 4pm to delete a comment.

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The lawyer’s letter claims a comment Mr Heremaia made on his Facebook page had “defamatory imputations”.

“Our client has notified us of the statements made on your ‘Jacob Heremaia for Logan City Council’ Facebook page,” the letter said.

“ … The imputations carried by the comment are likely to cause a reasonable member of the community to think less of the honestly (sic) and integrity of our client.

“The comment will cause our client detriment within the community of Logan and the public at large.

“Our client strenuously denies the defamatory imputations.

“Our client also instructs that the comment is sub judice contempt of court as it comments on a matter before the court.”

An excerpt from the Gadens letter to Logan City Council candidate Jacob Heremaia.

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The letter said continuing to publish the comment on Facebook “has a tendency to interfere with the due administration of justice.”

Mr Heremaia said he posted an “anti-corruption comment” this month.

He said after receiving the legal letter, he edited the comment but did not delete it.

“I’m going to continue speaking out against corruption and won’t be silenced,” he said.

The former Logan City Council was dismissed on May 2.

Logan City Council’s 12 councillors and mayor were sacked on May 2 after eight councillors, including the then suspended mayor Smith were charged on April 26 with criminal offences after an investigation by Queensland’s Crime and Corruption Commission (CCC).

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The eight councillors were formally charged with 14 criminal offences relating to their time in public office.

All of the councillors were granted bail and suspended from duties.

Acting Mayor Cherie Dalley and fellow councillors Russell Lutton, Steven Swenson, Phil Pidgeon, Trevina Schwarz, Jennie Breene and Laurie Smith were all charged with fraud relating to the sacking of former Logan CEO Sharon Kelsey in early 2018.