By Rachel Eddie
A former Labor councillor in Melbourne’s north has avoided jail after tampering with voter ballots counted towards his election.
Milad El-Halabi was sentenced on Thursday after entering a guilty plea to one count of tampering, almost four years after the Merri-bek City Council election in the north-west ward was caught up in a vote-rigging saga.
Milad El-Halabi leaves the County Court on Thursday.Credit: AAP
The Victorian Electoral Commission, while declaring four councillors elected in November 2020, called in police after an unusually large number of people apparently voted twice after complaining they had not received their postal ballots.
El-Halabi was arrested in 2021 and continued to serve on the council. He stood down shortly after he was charged in February 2022. The Age revealed his arrest, charges and resignation.
Police also charged his wife, Dianna, and daughter Tania but have since dropped the cases against them.
El-Halabi pleaded guilty to one rolled-up charge of the electoral offence of tampering under the Local Government Act, after County Court judge Stewart Bayles indicated he would be spared prison if he did so.
The Victorian Electoral Commission called in police to investigate after an unusually large number of people apparently voted twice. Credit: Justin McManus
On Thursday, Bayles recorded a conviction and fined El-Halabi $20,000. The former councillor was also handed an 18-month community corrections order with no community work conditions, with a $2000 bond.
Barrister Robert Richter, KC, acting for El-Halabi, argued a conviction should not be recorded or the “mark of Cain” would follow his client for life. El-Halabi has no prior convictions, had been suffering ill health and was found to have been of otherwise good character.
Bayles said a conviction was necessary because of the seriousness of offending that went to the heart of free, fair and transparent elections. The court heard the breach had the potential to affect the election result and undermine public confidence in the voting system and government integrity.
“The integrity of the voting system in a democratic process is paramount,” Bayles said.
El-Halabi (left) arrives at the Melbourne Magistrates’ Court last year.Credit: Jason South
The Victorian Civil and Administrative Tribunal had previously found El-Halabi was not duly elected.
The election was held entirely by postal vote because of COVID-19. Voter packs were sent to residents in October 2020, before an unusual number of people complained they had not received a ballot in the mail and were then found to have voted twice.
DNA or fingerprints on 23 ballots matched El-Halabi, his wife and daughter, the court heard. Each of those residents had returned two ballots, one genuine and one false, the court heard.
The prosecution was unable to establish how the ballots were removed from letter boxes or who removed them, who filled them out or who falsely signed declarations.
But Bayles said El-Halabi, in “possessing and handling” the papers, had approved for them to be filled out and returned to the Election Commission for counting.
Richter said El-Halabi, a father of four, owner of Coburg Market and a property developer, would have to deal with the shame forever.
The Electorial Commission said on Thursday that its processes to protect democracy worked and further work has been done to safeguard the system.
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