Robert Doyle’s court fight to block release of report into sexual harassment claims
Robert Doyle will take his fight to stop the release of a report into sexual harassment allegations made against him to a two-day Supreme Court trial.
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Robert Doyle will take his fight to stop the release of a report into sexual harassment allegations made against him to a two-day Supreme Court trial.
But the former Melbourne Lord Mayor will not be called to give evidence.
In an application before the Supreme Court today, Kateena O’Gormon, for Mr Doyle, argued the final report by Dr Ian Freckelton QC should remain confidential as it was wrongfully commissioned by City of Melbourne chief executive Ben Rimmer.
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Ms O’Gormon said Mr Rimmer had no authority to commission the report to investigate an alleged incident at a Melbourne Health dinner in June 2016 because Mr Doyle was there in his capacity as Melbourne Health board chairman, not Lord Mayor.
In December last year, Mr Rimmer commissioned an investigation into allegations of sexual misconduct against Mr Doyle involving a fellow councillor.
Mr Doyle denies the allegations.
Justice Michael McDonald confirmed in court that there were no issues around Mr Rimmer’s power to do that.
But the issue in question, the court heard, is Mr Rimmer’s move to expand the probe to cover the Melbourne Health awards dinner incident.
A woman alleges Mr Doyle sexually harassed her, by touching her upper thigh under a table and making offensive remarks.
Justice McDonald requested to see Mr Rimmer’s contract of employment.
He said Mr Rimmer’s counsel was likely to argue that by reason of Mr Doyle holding the mayoral position, he attended the function in a dual capacity.
Ms O’Gormon also said the release of the final report would damage Mr Doyle’s health.
But Justice McDonald urged Ms O’Gormon to drop the ill health argument.
“Let’s not worry about Mr Doyle’s health,” he said, adding the substantive point is whether he was at the function in a dual capacity.
Mr Rimmer’s lawyer, Jason Pizer, told the court they wanted the matter resolved “as quickly as possible because of public interest”.
Mr Doyle, who was elected Lord Mayor in 2008, became the chairman of Melbourne Health in 2007 and argues he was at the function in that capacity only.
In February this year, he resigned from both positions amid the sexual assault allegations.
Initial findings were released by the council in March but Dr Freckelton’s full report was not made public.
Justice McDonald today continued court orders forbidding its release and any further investigations by two barristers enlisted by the council to probe the allegations at the Melbourne Health function.
He will oversee the trial on February 18 and 19.