iVote saga: Shellharbour councillors question Electoral Commission in Supreme Court

The Supreme Court hearing into December’s iVote meltdown began on Tuesday with Shellharbour Council updated at their monthly meeting.

The iVote debacle that called into question results in three NSW local government areas, including Shellharbour, was heard in the Supreme Court on Tuesday.

During the hearing the NSW Electoral Commission’s executive director of elections, Simon Kwok, was interrogated by councillors whose LGAs are under a cloud.

The iVote crash was only deemed to have potentially impacted the outcome in Ward A where councillors Kellie Marsh and Maree Edwards were elected.

Cr Marsh, through Kiama MP Gareth Ward, who is representing her pro bono, and Cr Edwards both grilled Mr Kwok who was asked if there were any contingency plans in place in the event of an iVote system failure on election day.

“There were a number of contingencies in place where if the system is down we would look at advising the affected people, but in terms of whether we are talking about system contingency I think it would show there is obviously certain system outages that we would not be able to continue service,” Mr Kwok said.

Ward A councillor Maree Edwards is one of 19 councillors across NSW caught up in the iV0te saga. Picture: Shellharbour Council

Kempsey council’s deputy mayor Alexandra Wyatt burst into tears during the hearing, suggesting the case could have major reputational damage on the LGAs involved.

Read more on Tuesday’s Supreme Court hearing.

At Shellharbour Council’s monthly meeting on Tuesday evening, outgoing CEO Carey McIntyre gave an update of proceedings with the hearing to continue on Wednesday.

“Given the urgency of the matter, it’s likely the judgement will be handed down shortly after the hearing,” Mr McIntyre predicted.

Any other business…

To dredge, or not to dredge

Councillor John Davey forward a motion calling for a report into the feasibility of dredging parts of Lake Illawarra, namely Koona and Burroo Bay at Albion Park Rail and Oak Flats.

Cr Davey explained how development around the lake had a dramatic effect on the lake’s sedimentation, particularly in the south western section.

“At Koona Bay it’s unusable for boating,” he said.

“Burroo Bay is in a similar position due to sedimentation.

“We have a lake that no one can play in.”

The southwestern section of Lake Illawarra is the worst affected by increased sedimentation. Picture: Google Maps

Councillor Robert Petreski asked for the words “ecologically friendly dredging” to be added to the motion and for it to also consider a collaborative approach alongside Wollongong Council.

Cr Davey rejected both amendments arguing any report would naturally consider the ecological impacts and that in his experience, through being on committees such as the Lake Illawarra Estuarine Committee, Wollongong have shown little interest in the upkeep of the lake’s foreshore.

“We have delegates on the [Lake Illawarra Estuary Management Committee], this should go through that committee,” Cr Petreski added.

“If we’re going to bypass that, it’s a slap in the face for our northern neighbours. We should work with them, not against them.”

The motion was eventually supported five votes to three with Cr Petrovski, Cr Edwards and Cr Moira Hamilton voting against.

Cr Colin Gow was absent from the meeting.

Party politics kicked to the kerb

A motion about preparing a report on the economic and environmental sustainability of annual free kerbside waste collection took a turn when a councillor took exception with a quip from Cr Marsh.

Cr Marsh, Shellharbour’s deputy mayor, was speaking in support of the motion tabled by Labor’s Cr Petreski and Cr Hamilton when she referred to them as her “colleagues in red”.

The motion was carried, before councillor Lou Stefanovski voiced his disapproval of the deputy mayor’s remark.

Councillor Lou Stefanovski took umbrage with a remark of a colleague. Picture: Shellharbour Council

“I do find it offensive to be labelled a red or any other colour for that matter,” he said.

“My decisions and everyone else’s are in the best interest of the community. I don’t want to be labelled any colour.

“Yes, I am a member of the Labor Party, but I am always representing the best interests of the community.”

Cr Marsh apologised before retracting the statement.