DPP intervenes in Hepburn Shire court case to clear councillors, CEO of all charges

Criminal charges laid by a private resident, David Penman, against five Hepburn Shire Councillors—Mayor Tony Clark, Councillors Don Henderson, Shirley Cornish, Pat Hockey, and Lesley Hewitt—and the Council’s chief executive, Bradley Thomas, were dismissed in Ballarat Magistrate’s Court after the DPP intervened. The charges, brought under misuse of public office, forced the councillors to stand down until resolution, leaving only two serving councillors and effectively halting Council operations. The DPP successfully applied to have the charges dropped, and all five councillors were reinstated. Mayor Clark expressed satisfaction with the outcome, while the Council stated the DPP reviewed evidence and found insufficient grounds for private prosecutions. Rural Councils Victoria criticized the dismissal as insufficient, noting the unresolved legal loophole forcing councillors to stand aside during private criminal proceedings. They urged the new Premier and Minister for Local Government to address the flaw in the Local Government Act 2020. Penman accepted the decision but expects the Council and former CEO to cover significant legal costs.