Corkman developers face contempt charges for failing to clear site
Developers who demolished Carlton’s historic Corkman Irish Pub are facing contempt charges for their failure to clean up the block so it could be used as a public park as promised.
Victoria
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A secret cellar is being blamed by the developers of Carlton’s historic Corkman pub for their failure to clean up the block as promised.
Developers Stefce Kutlesovski and Raman Shaqiri are facing contempt charges for failing to clear the former pub site on the corner of Leicester and Pelham Streets, so it can be used as a temporary public park while its long-term future is decided.
The Victorian Civil and Administrative Tribunal (VCAT) on Monday heard demolition material, “building fabric” and debris — including asbestos fragments — remained on the site of the former hotel, despite the developers last year agreeing to VCAT orders to clean it up and turn it into a park.
Mr Shaqiri and Mr Kutlesovski bought the circa 1858 Corkman Irish Pub in 2015 and then illegally knocked it down over two days in 2016, causing outrage across Melbourne.
Appearing on behalf of the Melbourne City Council and Planning Minister Richard Wynne, Mr Adrian Finanzio said it would be alleged the noncompliance by the developers was “wilful and deliberate”, and constituted contempt.
In written submissions to the tribunal, counsel for the developers contended “an undisclosed basement” at the northwest corner of the site was largely to blame for the inaction, he said.
“It’s asserted it (the basement) was discovered after the orders were made but the only material before you is an assertion to that effect from the (developers’) solicitor,” Mr Finanzio told Justice Michelle Quigley.
“And that assertion comes in March 2020, four months after the orders were required to be complied with.”
The discovery of a basement, or cellar, was no reason to disobey the VCAT orders to clear the block, Mr Finanzio said, adding it did not make the task impossible, just possibly more complex and expensive.
He said it was important to note the developers had not sought to vary the VCAT orders until ”the eve of the first return of these contempt proceedings”.
Until that time, all parties had agreed that for a three-year period - between May 28, 2019 and June 30, 2022 - the developers would be given the opportunity to obtain planning permission to build something on the site “that was an alternative to the requirement to reconstruct the hotel”, he said.
It had also been agreed by all parties that the site would be completely cleared and turned into a public park of some variety in the interim, Mr Finanzio said.
“It had been agreed the land be open to the public and used by non-paying persons for leisure or recreation, such as a cycle track, park, picnic or barbecue area, playground, plaza or walking or jogging track,” he said.
“The order doesn’t specify exactly which species of informal outdoor recreation will occur … it leaves the matter of exactly what form … to a process of what one might call secondary consent … it has to be to the satisfaction of the council.”
Mr Finanzio said the VCAT orders had made it abundantly clear “there should be no remnant of the demolished building” left on the pub site, but an inspection and photos had revealed this was far from the case.
He said “there was a strong inference” both developers were to blame in failing to comply with the orders.
“They were both involved with directing the mind of the company and in failing to ensure that the company complied with the orders,” Mr Finanzio said.
“We put it as an inferential case, and that those inferences, the weight of all of the evidence, could substantiate the directors’ culpability for contempt beyond reasonable doubt.”
Appearing for the developers, Mr Nick Papas said Mr Finanzio had not made it clear “whether the conduct alleged is contumacious or simply contemptuous”.
“We want to know whether we’re answering to criminal contempt or civil contempt,” he said.
The hearing in front of Justice Quigley continues on Tuesday.
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