Councillors to be reinstated after private prosecution charges dropped

Local businessman David Penman's private prosecution of five Hepburn Shire councillors and the chief executive has been abandoned after the Director of Public Prosecutions intervened. The charges, for misuse of public office, led to the councillors standing down until the matter was resolved in court. Upon reviewing the evidence, the DPP determined there was insufficient grounds to proceed with the prosecution.

All five councillors will now be reinstated to their roles. Mayor Tony Clark expressed satisfaction with the outcome, stating the matter will be left there. The Hepburn Shire Council released a statement confirming the DPP's decision to drop the charges, stating it is a "great outcome for democracy and our community". Penman, however, acknowledged the DPP's decision and accepted it, emphasizing that courts are where democracy plays out.

Multiple organisations and individuals, including the council, witnesses, former council chief executive, and each of the councillors, are seeking Penman to pay their legal costs. The court is now awaiting a determination of these costs, with a day allocated for each representative to quantify their costs. There is ongoing debate about legislation to close the loophole that allowed Penman to effectively shut down the council.

Rural Councils Victoria welcomed the DPP's action, emphasizing the disruption caused to the community and calling for urgent changes to the flawed law.