Businessman Files Private Charges Against Hepburn Shire Council CEO and Councillor

A Daylesford businessman has filed private charges against Hepburn Shire Council CEO Bradley Thomas and Councillor Don Henderson alleging misconduct in public office. David Penman, operator of Clifftop at Hepburn tourism accommodation, lodged the charges in March. Charge sheets released Friday list two counts against Thomas and three counts against Henderson under local government laws.

Thomas's charges concern council funds used for external lawyers in defamation-related matters involving Thomas, Henderson, and a council building surveyor. A third charge against Thomas relates to legal costs for a personal safety intervention order sought by a former council officer.

One of Henderson's charges also involves council funding for defamation-related legal work. Two additional charges filed last week contain limited details.

At a Ballarat Magistrates' Court hearing Friday, Henderson's lawyer David Tamanika said his client was paying "exorbitant legal fees" while Penman allegedly withheld evidence. " Penman, appearing without a lawyer, denied refusing required disclosures.

A previous magistrate had asked the Director of Public Prosecutions to assume the case, but the office declined. Thomas's barrister Amanda Carruthers said her client welcomed further requests for the DPP to take over. Magistrate Andrew Capell noted the matter was not ready and scheduled a two-day hearing for August.

Reserve Magistrate Andrew Capell also addressed three subpoenas and an application for compulsory examination during the 75-minute session attended by legal representatives for the Municipal Association of Victoria.