Glenorchy Board of Inquiry set to continue after Full Court dismisses Peter Brooks’ appeal

UPDATED: The Full Court has dismissed Peter Brooks’ appeal against a Board of Inquiry investigation into Glenorchy City Council, but the saga may not be over.

A HIGH court challenge by Glenorchy City Council general manager Peter Brooks against the Board of Inquiry investigation into the council could be on the cards following the Full Court dismissing his appeal against it.

As the board and its members Barry Easther and Lynn Mason seek to finalise their report as soon as possible and hand the long-awaited document to Local Government Minister Peter Gutwein, Mr Brooks told the Mercury that he was considering whether he would seek special leave to take the matter to the High Court following the decision.

“I just have to consider that,” Mr Brooks said.

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The Full Court of the Supreme Court dismissed Mr Brooks’ appeal against the decision by Chief Justice Alan Blow to rule against his action against the Board of Inquiry in September.

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Mr Brooks and his lawyer Shaun McElwaine SC had argued that the board and Mr Easther and Ms Mason did not afford him natural justice and had been biased against him during their investigation into the council.

Mr McElwaine argued that the findings and recommendations of the second draft report were not draft ones, rather they were the final work.

But the Full Court of Acting Justice Pierre Slicer, Acting Justice David Porter QC and Acting Justice Shane Marshall dismissed Mr Brooks’ appeal against Chief Justice Blow’s verdict, allowing the board to resume its inquiry and finalise the report.

Suspended Glenorchy mayor Kristie Johnston. Picture: RICHARD JUPE

Sources have told the Mercury that the board is working quickly to finalise it and provide it to Mr Gutwein, with the plan to have it to him by Thursday at the latest.

Mr Gutwein said once the Government received the report he would look to release it as soon as possible.

“I will release the report as soon as possible following a detailed consideration of its findings so that voters can be fully informed,” he said.

Mr Easther said it wasn’t appropriate to put a timeline on the completion of the report.

“We are now able to finalise the report now and we are working very quickly to do so,” he said.

Ms Mason said she hoped it would get to Mr Gutwein shortly.

Suspended mayor Kristie Johnston said it was in the best interest for the Glenorchy community that the report was made public as soon as possible.

“We finally have a conclusion to the matter of the Board of Inquiry and hopefully it can be in the hands of the public soon,” she said.

The investigation began in October 2015 and will cost ratepayers more than $1 million.

EARLIER: LOCAL Government Minister Peter Gutwein could have his hands on the Board of Inquiry report into the Glenorchy City Council as soon as this afternoon following the Full Court of the Supreme Court throwing out general manager Peter Brooks’ appeal against it.

The more than two-year long investigation into dysfunctionality and breakdown of relationships at the council has been on hold following Mr Brooks first launching Supreme Court action against the Board of Inquiry and its members Barry Easther and Lynn Mason and then appealing against Chief Justice Alan Blow’s decision to dismiss that litigation.

Mr Brooks had argued that Mr Easther and Ms Mason did not afford him natural justice and had been biased against him during their inquiry into the council.

Glenorchy City Council general manager Peter Brooks. Picture: SAM ROSEWARNE

But the Full Court of Acting Justice Pierre Slicer, Acting Justice David Porter QC and Acting Justice Shane Marshall dismissed the appeal, saying the process being undertaken by the Board should proceed.

This paves the way for the completion of the long-awaited report, which will cost Glenorchy ratepayers more than $1 million.

Sources have told the Mercury that it could be finalised and provided to Mr Gutwein as early as this afternoon, with the Board working quickly to finish it following the Full Court’s verdict.

Mr Easther said it wasn’t appropriate to put a timeline on the completion of the report but said they were working to finalise it as soon as possible.

“We are now able to finalise the report now and we are working very quickly to do so,” he said.

Suspended mayor Kristie Johnston — who could be sacked along with the rest of the Glenorchy aldermen should a bill introduced by Mr Gutwein pass the Legislative Council today — said it was in the best interest for the Glenorchy community that the report was made public as soon as possible.

“We finally have a conclusion to the matter of the Board of the Inquiry and hopefully it can be in the hands of the public soon,” she said.

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EARLIER: THE Full Court of the Supreme Court has dismissed Glenorchy City Council general manager Peter Brooks’ appeal against the Board of Inquiry probe into the council, paving the way for the completion of the long-awaited report.

On September 11, Chief Justice Alan Blow threw out Mr Brooks’ Supreme Court appeal against the Board and its members Barry Easther and Lynn Mason.

Mr Brooks had alleged Mr Easther and Ms Mason did not afford him natural justice and had been biased against him during their inquiry into the council.

Mr Brooks appealed against Chief Justice Blow’s decision on October 2.

Today, Acting Justice David Porter, QC, announced that he and Acting Justices Pierre Slicer and Shane Marshall had dismissed the appeal — leaving the Board of Inquiry free to finalise its protracted investigation that will cost ratepayers more than $1 million.

“We have concluded that the appeal should be dismissed,” Justice Porter said.

Last month Glenorchy Commissioner Sue Smith told the Mercury there could be a further avenue Mr Brooks could pursue if he wished to keep his legal action going.

In the judgment, the three acting justices said they did not accept the argument made by Mr Brooks’ lawyer Shaun McElwaine, SC, that the findings of the board’s second draft report — which is still under a non-publication order despite the Mercury publishing key findings earlier this year — were not indeed draft findings.

Legislation introduced by Local Government Minister Peter Gutwein to sack the suspended Glenorchy aldermen and hold fresh elections on January 16 could also be debated in the Legislative Council today.