Ryan Bayldon-Lumsden: Murder-accused Gold Coast Councillor’s political career hangs by thread
Murder-accused councillor Ryan Bayldon-Lumsden skipped a council meeting after a stand-off with Acting Premier Steven Miles over his hopes of returning to work. SEE WHAT HIS COLLEAGUES SAID
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Murder-accused councillor Ryan Bayldon-Lumsden was absent from a committee meeting on Tuesday morning after a stand-off with Acting Premier Steven Miles over his hopes of returning to work.
Bayldon-Lumsden was issued a showcause notice on Monday stating he would be stood down on Friday on full pay until the end of his term in office unless he could prove why he should be allowed to continue.
Acting Premier Steven Miles briefed state Cabinet on legal advice from the Crown in Brisbane on Monday morning which determined the councillor’s position after he was charged with murdering his stepfather Robert Lumsden.
It’s understood Bayldon-Lumsden had considered attending a Lifestyle and Community committee meeting on Tuesday morning, something Mr Miles urged him against doing.
“Yesterday issued the councillor with a notice to show-cause why he should not be suspended,” he said.
“As part of that notice, I encouraged the councillor to consider taking leave for the short-term until I make my decision.
“In the spirit of that process I urge him not to attend tomorrow’s committee meeting.”
Overnight, Cr Bayldon-Lumsden’s lawyer Jason Murakami, of Behlau Murakami Grant, said his client had reconsidered his position following Mr Miles’ comments.
“Whilst we are waiting to be served with the show cause notice, our client remains eager to return to serve his community but does respect the Acting Premier’s request to wait for his determination …and therefore will be withdrawing from (today’s) council meeting,” Mr Murakami said.
Councillors gathered behind closed doors at the Evandale Chambers on Tuesday morning for the committee meeting, with the room cleared of staffers.
About 11 staffers stood outside the chamber after 9am, a rarely seen sight.
Media representatives were also waiting outside the chamber after the gallery had been cleared.
The room was finally opened half an hour late at 9.30am, with Lifestyle committee chair Hermann Vorster asked that it be noted in the minutes that Bayldon-Lumsden was absent.
It came less than a day after the Acting Premier moved to end the impasse over the councillor’s future.
“As a result of the legal advice, I will issue a show-cause letter to that councillor why they should not be suspended on pay,” Mr Miles said.
Mr Miles said Bayldon-Lumsden has until Friday to respond to the notice.
Mr Miles described it as a “natural justice process” to dispute the decision and said it would be a “reasonable outcome” to suspend Bayldon-Lumsden until after the next election, due in March.
Mr Miles said legal advice suggested Bayldon-Lumsden’s divisional staff would likely be “witnesses” at a future trial.
“It would be very, very difficult to interact with them and therefore difficult to continue to service the community,” he said.
Mr Miles said he could appoint an adviser but had asked council to consider who an appropriate person to fill the role would be.
Bayldon-Lumsden’s lawyers are yet to be served with papers from Mr Miles.
Gold Coast City councillors will make the call on who replaces Bayldon-Lumsden if the councillor does not return to work.
Bayldon-Lumsden, 30, was released from Brisbane Correctional Centre at Wacol on bail last Thursday after being charged with the August 23 murder of Mr Lumsden, 58, at their Arundel home.
Under the Local Government Act a councillor is automatically suspended if they are charged with a “disqualifying offence” such as misconduct, but murder is not one of them.
An option is for Bayldon-Lumsden to take leave from his $160,000 a year job.
It is understood Mayor Tom Tate remains sympathetic to the councillor returning to work if he feels he can perform his duties.
Mr Tate had reached out to Bayldon-Lumsden to organise a meeting for the first time since his arrest but on Monday confirmed he would not proceed.
“I respect the Acting Premier’s decision to issue Cr Bayldon-Lumsden a Show Cause notice,” he said.
“Following this decision by Steven Miles, I have also not had the chance to meet or speak with Cr Bayldon-Lumsden and won’t be today.
“I’m sure Cr Bayldon-Lumsden has a lot more to consider between now and Friday, so I will leave him to consider what he needs to do until then.”
If Bayldon-Lumsden did not want to return to work, councillors could appoint a replacement much like they did last month when Councillor Cameron Caldwell was elected the Federal MP for Fadden.
Mr Miles, who has received early advice from the Crown law office, could intervene and make an appointment.
Earlier on Monday, asked what the process would be, Mr Tate said: “No, it would be an appointment, whether it’s the same way that we dealt with Division 4 (Cr Cameron Caldwell’s replacement) or whether it be a direct appointment by the Minister.
“Personally I would rather the councillors on the Gold Coast advertised, get everyone’s hands up same way we did Division 4 because that’s democracy
right. However for expediency the Minster might just go well I’d like that person to come in.
“Of course it’s got to be a Gold Coaster but we wouldn’t want any political leaning to the Labor because we’re an independent council.”
Mr Tate indicated his priorities included how to “support” the councillor and how his constituents could be best “serviced” in his absence.
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