Pormpuraaw councillor Tim Koo-Aga avoids major punishment after fist fight with citizen
A Cape York councillor has been reprimanded by the local government watchdog after he responded to a threat of spearing by punching on with a local resident.
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A Cape York councillor has been reprimanded by the local government watchdog after he responded to a threat of spearing by punching on with a local resident.
According to a report by Queensland’s Councillor Conduct Tribunal, Pormpuraaw councillor Tim Koo-Aga punched a member of the public on or about July 8, 2020, after the person allegedly threatened to “spear” him. No criminal charges were laid.
According to allegations within the report, residents watched as Cr Koo-Aga and the member of the public continued to punch each other “a number of times” until someone intervened; bystanders were heard saying “no, stop, stop”, or words to that effect.
“(Cr Koo-Aga) … was captured on CCTV being involved in a physical altercation with a member of the public outside a store,” the report read.
“(Cr Koo-Aga) did not appear at the final hearing and filed no evidence or submissions, having referred to his statement to the independent Assessor and claiming he had ‘nothing more to say’.”
Cr Koo-Aga in that statement said he was acting in self-defence of “local obligations and family kinships in Aboriginal families”; however, the Tribunal had insufficient evidence on which to accept that claim where Cr Koo-Aga refused to take part in the hearing.
“What is clear from the video footage is that (Cr Koo-Aga) had alternative choices to escalating the matter; he could have walked away … or he could have entered his vehicle and driven away.
“Councillors are elected officials who represent the local government area. This much is clear from the Act, which requires councillors to provide high quality leadership to the local community.
“Councillors cannot reasonably be considered as discharging this obligation when they engage in physical fighting with members of the local community. A fight between (a) councillor and a member of the public has the capacity to call the office of the councillor … into disrepute.
“The tribunal is also satisfied that (Cr Koo-Aga) breached the trust reposed in him as (a) councillor, and did so recklessly.”
The Tribunal acknowledged several mitigating factors in its disciplinary decision to reprimand Cr Koo-Aga.
“The altercation was provoked by (the member of the public’s) claims, including that he would ‘spear’ the respondent, a serious threat or challenge in First Australian communities,” the report read.
It went on to say that Cr Koo-Aga initially attempted to de-escalate the situation, self-reported the matter to the council’s CEO and to police, and co-operated with the police investigation.
“(Cr Koo-Aga) raised a reasonable response which was not challenged by the applicant,” the report said.
“(Cr Koo-Aga) admitted that he was involved in a physical altercation … and did not challenge the allegation before the tribunal.”
The Tribunal noted Cr Koo-Aga had no history of disciplinary action and decided against ordering him to make a public admission of misconduct.
It also decided against a financial penalty.
Attempts were made to contact Cr Koo-Aga through the Pormpuraaw Aboriginal Shire Council.
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