Developers who knocked down Corkman Pub sentenced to jail by VCAT for contempt of court

The developers responsible for the illegal demolition of the Corkman Pub have been sentenced to jail.

The rogue developers who illegally demolished the historic Corkman pub in Carlton have been sentenced to jail for snubbing the law.

Stefce Kutlesovski and Raman Shaqiri originally escaped with just a fine when they bulldozed the 19th century hotel four years ago, an act which caused public outrage.

But when the pair fronted ­Victorian Civil and Administrative Tribunal president Michelle Quigley on Wednesday, after being found guilty of contempt of court, she showed them little mercy.

Despite the prosecution not pushing for prison, Justice Quigley ordered the pair to spend 30 days behind bars after they had failed to comply with a VCAT order to clean up the site to make way for a park.

But Kutlesovski, 45, and Shaqiri, 39, will avoid the slammer for now, as they intend to appeal.

Stefce Kutlesovski. Picture: Hamish Blair

The site where the Corkman Irish Pub, previously known as the Carlton Inn stood. Picture: AAP

It is the latest development in the saga which began in October 2016 when they tore down the 159-year-old pub without a permit. They later pleaded guilty to breaching building and planning laws and were slapped with fines totalling almost $2m in the magistrates’ court.

But they then appealed to the County Court, where the fines were slashed to almost half — despite Shaqiri failing to show at the hearing.

At the time of the appeal hearing, Shaqiri opted to go to Spain to get married.

The pair were also convicted and fined more than $600,000 for depositing industrial waste at an unlicensed site — the corner of Leicester and Pelham streets, where the Corkman Irish pub stood.

Last year, they promised VCAT they would clean up the site and pledged to ­restore it as a public park.

When in October demolition material including asbestos remained on the site, the state government and Melbourne City Council launched further legal action against them through VCAT.

The developers blamed “an undisclosed basement” on the land for the inaction. But Justice Quigley found their noncompliance was “considered, wilful and ­deliberate”.

She ordered the pair to pay the government’s and the council’s $250,000 legal costs. They were also fined $150,000.

The Corkman Irish Pub before it was illegally demolished.

Matthew Francke, representing the developers, said they would launch an appeal.

“The company and its ­directors are surprised and disappointed by the tribunal’s findings, particularly in circumstances where the prosecutors in this case did not seek a term of imprisonment and stated in written submissions that the imposition of such a sentence would be ‘manifestly excessive’,” Mr Francke said.

But Planning Minister Richard Wynne welcomed the sentence, saying: “These developers deserve this outcome. They have trashed Victoria’s heritage, refused to build a park and shirked their legal ­obligations at every step.”

Lord Mayor Sally Capp ­declared the Corkman site would become a public space for everyone to enjoy.

“We took on these proceedings in the public interest, because it’s completely unacceptable to ignore a court ruling,” she said.

Originally published as Developers who knocked down Corkman Pub sentenced to jail by VCAT for contempt of court