Ron Hoenig responsible for publishing ‘unfair’ Liverpool Council report, submits barrister

The barrister representing Liverpool Council has laid the blame for the publication of “unvarnished and unchecked allegations” against its staff at the feet of the Local Government Minister.

Liverpool Mayor Ned Mannoun and Local Government Minister Ron Hoenig are at the heart of the case in the NSW Land and Environment Court.

The barrister representing Liverpool Council told a court Local Government Minister Ron Hoenig knew the publication of a “devastating” interim report outlining alleged corruption and bullying prior to the conclusion of an investigation was procedurally unfair.

The submission by Tim Robertson SC was made as a NSW Land and Environment Court hearing involving Liverpool Council against Mr Hoenig continued into its second day.

The interim report was published online by the Office of Local Government last month as Mr Hoenig announced a public inquiry into the southwestern Sydney council.

In the announcement, Mr Hoenig foreshadowed suspending the council and delaying upcoming elections until the process was complete.

At an extraordinary council meeting less than a week later, Liverpool councillors voted to take Mr Hoenig to court, before the report was removed for the OLG website which its spokeswoman said was an “act of good faith”.

Liverpool Council is seeking Justice John Robson to determine six aspects including setting aside the interim report, disqualifying Mr Hoenig, OLG deputy secretary Brett Whitworth and Department of Planning secretary Kiersten Fishburn from taking further steps in reporting on the results of the investigation.

Justice Robson has also been asked to determine whether Mr Whitworth had power to make an interim report before a public inquiry and if he failed to be procedurally fair and free from actual or apprehended bias.

Mr Robertson’s remarks come after he submitted on Thursday the “allegations made in the report are made by political enemies” of Liberal Liverpool Mayor Ned Mannoun.

Liverpool Mayor Ned Mannoun previously called the interim report a “political play”. Picture: Sam Ruttyn

Barrister Naomi Sharp SC, acting for Mr Hoenig, conceded the publishing of the report was procedurally unfair, but told the court there was “some irony” in Liverpool Council claiming to be denied procedural fairness while also attempting to “restrain the public inquiry”.

In court on Friday, Mr Robertson submitted the report had not been tabled in parliament prior to it being published on the OLG website.

The submission came after Ms Sharp sought to tender signed letters sent from the OLG to the clerks of the Legislative Council and Legislative Assembly.

“They were sent, whether they were tabled is another matter,” Ms Sharp said, but Mr Robertson told the court he had contradictory evidence claiming the letters were not sent.

Local Government Minister Ron Hoenig was responsible for publishing the report, Liverpool Council claims. Picture: NewsWire / Nikki Short

Mr Robertson told the court it is Mr Hoenig who was responsible for the report being published alongside the inquiry announcement in order to give “maximum possible publication for unvarnished and unchecked allegations”.

“The Minister has to wear the decision to publish [the report],” Mr Robertson said.

“It wouldn’t have been published without his approval, but it was a proposal made by Mr Whitworth and its publication of the report that’s a further step in the argument that the persons responsible for future decision making in relation to this matter display the appearance of bias or actual bias.

“The report was, as I described, poisonous. It was making allegations of criminality against named persons. It should never have seen the light of day.”

Liverpool Council’s barrister also noted potential holes in the report including allegations about staff hiring relatives. Mr Robertson said one of the examples involved an allegation against an employee whose husband’s niece was hired eight months before she was.

“She had nothing to do with my employment and I had nothing to do with hers,” Mr Robertson relayed.

Mr Robertson also emphasised how allegations about Mr Mannoun and other councillors interfering with development applications and other improper conduct were “never put to him despite the opportunity” to do so.

In her arguments, Ms Sharp reiterated previous submissions about the nullity of the report now it has been unpublished.

“We have conceded there was a jurisdictional error and the report is a nullity,” she said.

“We say it is simply not necessary to consider other challenges to the power to make that interim report.”

Ms Sharp affirmed the invalidity of the report “does not invalidate the decision to appoint a public inquiry”.

The respondents’ barrister also submitted the was “next to nothing” in the applicant’s case about bias from Mr Whitworth.

The hearing, which was set to conclude on Friday, will resume on Monday where Ms Sharp is expected to continue her submissions.

Got a court tip? Email [e-mail]