October 14, 2021 - STATEMENT FROM THE MAYOR - CORRECTION TO PREVIOUS STATEMENTS MADE ABOUT LEGAL PROCEEDINGS

STATEMENT FROM THE MAYOR - CORRECTION TO PREVIOUS STATEMENTS MADE ABOUT LEGAL PROCEEDINGS

On behalf of my fellow Councillors and Council, I would like to take this opportunity to provide clarity and correct previous public statements made in relation to legal expenditure reimbursements.

Of particular interest to the community is the defamation case initiated in 2017 between Council’s recently retired CEO James Gott and Paul and Julianne Toogood. On 7 December 2017, Council resolved to indemnify Mr Gott for the costs of his legal representation in pursuing these defamation proceedings.

The matter is of public interest and it has certainly always been my and Council’s intention to provide transparency to the community on this matter when the time was appropriate.

In early 2020, Council was cautioned by District Court Judge Morzone QC about making publications that might prejudice the interests of justice in the criminal trial involving Paul and Julianne Toogood. As such since that time, Council has complied with this cautioning and declined to comment further in relation to ongoing court cases involving the Toogoods.

I have spoken at length with my fellow Councillors on the matter and we all agree, now that the criminal proceedings in relation the Toogoods have concluded, it is appropriate to provide clarification to our community regarding previous statements made by Council on legal proceedings and insurance reimbursements.

In September 2019, the former Council released a statement advising our insurance provider would cover legal costs associated with defamation proceedings. Since the above statement was released, further comments have been made by Council reflecting our cost being covered in accordance with the usual terms and conditions of our policy.

Council acknowledges that the statement and comments released were inaccurate to the extent that it would have provided greater accuracy had that statement and comments stated “Our insurers are partially covering the defamation matter.  The reason why I say ‘partially’ is that there is no insurance cover for the initial action brought by Mr Gott, however there is insurance coverage for a counterclaim made by the Toogoods against Council employees and Councillors”. It is my understanding that no statement was made knowingly or recklessly with this omission.

On behalf of Council, my fellow councillors and the previous council of which I was a part, I would like to apologise for the inaccuracy of the statement made and any confusion it has caused. I trust this information has provided some clarity to the community. 

As a number of legal matters are ongoing, Council will provide further updates when it is right to do so. I do want to highlight that Council is obliged, the same as any organisation, to indemnify its Councillors and Officers for claims against them arising out of their employment or election.

To that effect at a Local Government Meeting on 28 February 2019, Council adopted the Provision of Legal Assistance for Employees and Councillors Policy. This policy is designed to protect the interests of individual Council members and employees (including past members and former employees) where they become involved in legal proceedings because of their official functions.  This policy is available on Council’s website.

I have instructed the Chief Executive Officer to prepare a report for Council to provide further clarity on legal matters afoot.