Wingecarribee Shire Councilor Duncan Gair

Most Corrupt Council in NSW Australia... supporting their private and business interests. they all cover each others backside. All working for the same masters.
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Wingecarribee Shire Councilor Duncan Gair

Postby WingecarribeeCouncilCorruption » Mon Aug 12, 2019 10:07 pm

Wingecarribee Shire Councilor Duncan Gair

Hi Ms Lidgard,

In putting together my defence with regards to the malicious and vexatious defamation action brought against me by the mayor and deputy mayor of the Wingecarribee Shire Council, I’ve uncovered undeniable and irrefutable evidence of Duncan Gair’s long-term systemic corruption.

In 2012, Jock Sowter, the lineal descendent of the Coomungie developer, Murray Sowter, spent two months as the Campaign Assistant for Duncan Gair’s re-election campaign, “Keep Duncan Gair There” (see attached pages of Jock Sowter’s LinkedIn page). Over the next 7 years, Duncan Gair failed to declare Jock Sowter’s major role in his election campaign, only ever declaring the most minimal of conflicts “the Sowter family handed out pamphlets at pre-polling 2012”, or “the applicant (Murray Sowter) had political advertising (of Gair’s) on his property”. Clr Gair was then able to vote for and debate on motions about Coomungie when the matter came before council numerous times over the years by nominating his conflict with the Sowters as a “less than significant non-pecuniary interest".

In fact, the Sowter’s had not only been long-term close friends of Duncan Gair for decades (something the current mayor never nominated in 10 years of Coomungie motions brought before council), Clr Gair never once declared Jock Sowter’s role as his Campaign Assistant, Jock being the son of Murray Sowter, a developer who on-sold Coomungie to Chinese interests in 2018 for FORTY-FIVE MILLION DOLLARS.

Now you’ve got to ask yourself this very important question, Why would the son of a developer want to work for two months on an election campaign to “Keep. Duncan. Gair. There”?


Is it because the family were close friends and wanted to support their “mate” in his bid for reelection? If that’s the case, why didn’t Clr Gair nominate them as friends and then declare the major conflict of interest, thereby refraining from voting and debating on motions before council concerning Coomungie for 10 years from 2007 to 2017 (see attachment Timeline - Gair and Coomungie Conflicts)?

Maybe Jock Sowter was honing his skills in supporting candidates at election. After all, he was the Campaign Assistant for Alan Hay for Throsby at the 2010 Federal elections, the Social Media Manager for Angry Anderson’s election for Throsby in the 2013 Federal elections, the Social Media Manager for John Barilaro’s election campaign for Monaro in the 2015 State elections, and the Social Media Manager for Melinda Pavey’s election campaign for Throsby in the 2015 State elections.


But even if that’s the case, and Jock Sowter was indeed making a career out of supporting “Nationals’” candidates at various elections both state and federal, he was still the lineal descendent of Murray Sowter, a developer who stood to realise a FORTY-FIVE MILLION DOLLAR sale of his property in 2018, and someone who was a long-term close friend with Clr Duncan Gair for 50 years (at the time of writing). Right from the very beginning of Coomungie being nominated at council level for rezoning from farmland to residential, Clr Gair should’ve declared the development a PECUNIARY INTEREST.

But this is what he did instead. For 10 years from 2007 to 2017, Clr Gair failed to properly declare the Sowter family and the Coomungie development as a major conflict of interest, and in doing so, he voted in favour of the Coomungie development at every opportunity, he moved motions in support, he put forward amendments in support, he talked up the Coomungie development in the media, in the local paper, on 2ST, while also debating at open council in favour of his “friend’s” development for TEN. LONG. YEARS.

I’ve got scores of documents that prove this beyond a shadow of doubt.

Clr Gair’s conduct regarding the Sowter/Coomungie development constitutes systemic corruption on a large scale by a three-time mayor who really should know better.

In fact, Duncan Gair does know better, going by the witch hunt he conducted against Clr Jim Mauger over a four year period starting in 2009.

Clr Mauger was up on charges of five Code of Conduct violations, all of them initiated by Clr Gair. During the time Clr Gair was “going after” Clr Mauger, even going so far as to report his conduct and behaviour to the Office of Local Government and Icac, Duncan was committing acts of systemic corruption in failing to declare a long-term friendship with the Sowter family.

Indeed, when the 2012 elections came round, and after Duncan had officially resigned from council, all of a sudden he makes a bid for re-election, and who should he have on his campaign team in a major pecuniary role?

None other than the lineal descendent of his long term mate, Murray Sowter.

The son of a developer.


A developer who would go on to sell his rezoned farmland for FORTY-FIVE MILLION DOLLARS.

A rezoning submission that Clr Gair voted in favour of FOR TEN-LONG YEARS.

In defending myself against such a deceitful and duplicitous character like our current mayor, I’ve intimately familiarised myself with 15 years of council meeting minutes and agendas, and Jim Mauger has made available thousands of documents from the Supreme Court action he had to undertake to help clear his name.

In fact, that’s exactly what he did.

After being found guilty (by the council) of four of the five charges of Code of Conduct violations that Clr Gair instigated (using the corrupt sole reviewer, Esther Mckay – see attached review), the Supreme Court of NSW ultimately determined that out of the five alleged Code of Conduct breaches against Clr Mauger, only one of them could be proven true by the highest court in the state.

That one Code of Conduct violation was where Clr Mauger called Clr Gair a maggot.

Which is ironic, really. It now turns out he’s a political degenerate and brazen fraudster (based on the scores of documents I’ve sourced that show he’s nothing but a CROOK and a RACKETEER).

And that’s what I called him in the parody song he’s been suing me for the last two-and-a-half years. A CROOK and a RACKETEER. A court action that’s destroyed my life, when all I did was tell the truth.

I’ve attached the corrupt sole reviewer’s report regarding the witch hunt against Clr Mauger, and in the document, there’s plenty of instances of hypocrisy and double standards, proving the whole matter was a stitch-up from the very start, and one that was originally brought about by Mayor Gair.

On 14 September, 2011, the sole reviewer’s report was submitted at a council meeting as a General Manager’s report, and surprise, surprise, Clr Gair moved the following motion –

“THAT Council resolve that Councillor James Mauger has breached Council’s Code of Conduct on more than one occasion as found by Council’s Code of Conduct Committee, sole reviewer, Mrs Ester McKay, in report dated 25 August 2011.”

There’s one major problem here.

At the time, Clr Gair had not only breached the council’s strict Code of Conduct regulations by not declaring Murray Sowter and Coomungie development a major conflict of interest (pecuniary) on numerous occasions when motions came before council about the development, Clr Gair would continue to breach the Code of Conduct regulations regarding Coomungie declarations of interest FOR THE NEXT SIX YEARS, AND MORE THAN A DOZEN TIMES.

The second part of the same motion concerned the following –

“THAT Council confirm the findings in the report of the Conduct Review Committee, sole reviewer, that four (4) of the five (5) allegations have been sustained and are detailed as follows:

(i) Unauthorised travel and expenses claim for $700 to attend the 2008 Lachlan Shire Council Election Dinner at Condobolin. Sustained under policy as set out in 101/5 Payment of Expenses and Provisions under Section 252, 253, and 254 of Local Government Act 1993 General Provisions, 1.1(c) General Conduct Obligations.
6.1a) contravenes the Act, associated regulations, council’s relevant administrative requirements and policies.”

So while Clr Gair was vigorously pursuing Clr Mauger for an unauthorised claim of $700, he’s secretly voting in favour of the Coomungie development from 2007 to 2010, without (properly) disclosing to the council (or the community) that he was a long-term friend of the owner of Coomungie, a developer who would end up selling his rezoned farmland for FORTY-FIVE MILLION DOLLARS.

And at every opportunity, Clr Gair voted for his “very good friend’s” development whenever motions came before council, and didn’t stop voting for the development until 2017, when the councillor was finally confronted with the fact that the Sowters and Coomungie were indeed a PECUNIARY INTEREST.

Now, in trying to have the sole reviewer’s report acted upon, and in attempt to have Clr Mauger punished for his alleged Code of Conduct violations, Clr Gair must have read the report in full.

Here’s some aspects of the report that show Duncan Gair is a duplicitous fraud, and a hypocrite with serious double standards in his determination to destroy the political career of Clr Jim Mauger –

Honesty –

You have a duty to act honestly. You must declare any private interests relating to your public duties and and take steps to resolve any conflicts arising in such a way that protects the public interest. This means obeying the law; following the letter and spirit of policies and procedures; observing the code of conduct; fully disclosing actual or potential conflict of interests and exercising any conferred power strictly for the purpose for which the power was conferred.

General Conduct Obligations –

You must not not conduct yourself in carrying out your functions in a manner that is likely to bring the council or holders of civic office into disrepute. Specifically, you must not act in a way that –

(c) is improper and unethical

Let’s face it, Ms Lidgard, and once again referring to the attached timeline of Clr Gair’s failure to properly declare the Sowter family and the Coomungie development as a major conflict of interest (pecuniary) for 10 years from 2007 to 2017, the current mayor of our shire was dishonest, misleading, improper and unethical.

And yet, here Duncan was, back in 2011, pushing for the council to find Clr Mauger in contravention of the very code of conduct regulations he went on to contravene numerous times in the years that followed.

Ms Lidgard, I know what your response to my correspondence will be. You’ll state for the record that you don’t identify any wrongdoing on the part of Mayor Gair, even though the writing’s on the wall.

And that’s because the whole council, including every single councillor and senior manager, is corrupt to the core. For you and your colleagues to acknowledge Clr Gair’s long-term systemic corruption, would open a Pandora’s Box of entrenched malfeasance, and in all likelihood would force the council into administration.

I must warn you, Ms Lidgard, that if you fail to properly address my credible complaints of Clr Gair’s corruption (backed up irrefutable documentary evidence), then you are in contravention of the council’s charter, the Local Government Act of 1993, the ICAC Act of 1988, the council’s Fraud and Corruption Prevention Policy and the council’s zero tolerance to corruption policy.

And should you fail to properly address and act on my credible reports of Clr Gair’s long-term systemic corruption, I intend to sue you for substantial damages in the District Court of NSW.

Lest I remind you, that by failing to properly fulfil your duties as the Manager Governance, and by acting unlawfully, you are not covered by the liability insurance the council has in place with regards to litigation.

And any court action that is found against you, will mean you have to pay the substantial damages (and the cost of the litigation) out of your own pocket.

Please choose wisely the direction you take with regards to this email of complaint.

Regards,

Adam Greenwood

FYI –

Crook (n) – a very dishonest person, especially a criminal or a cheat

Racketeer (n) – someone who makes money from a dishonest or illegal business activity

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Re: Wingecarribee Shire Councilor Duncan Gair

Postby WingecarribeeCouncilCorruption » Tue Aug 20, 2019 8:03 pm

Hi Ms Lidgard,

Please find below the start of my submissions to the District Court of NSW with regards to Clr Duncan Gair’s long-term systemic corruption.

All information sourced about Clr Gair’s corrupt conduct and behaviour is available in the public domain, and can be accessed by any member of the public.

As part of my ongoing investigation of Clr Gair, I’ve discovered that he has recently committed the very serious offence of Obstruction of Justice – aka Attempting to Pervert the Course of Justice. I’ll be forwarding details of that offence in a email to follow.

As the Manager Governance at Wingecarribee Shire Council, you have a clearly defined responsibility to put the best interests of the Shire ahead of anyone or anything else. I encourage you to reacquaint yourself with the Council’s Charter, the Councillor Code of Conduct regulations, the WSC’s Fraud and Corruption Prevention Policy 2019, the WSC’s Zero Tolerance Towards Corruption Policy, and most importantly, the council’s policy of maintaining probity – accountability, transparency, and integrity.

In previous correspondence, you threatened me with defamation for calling into question your honesty and integrity as defined by your role. You also threatened to call the police and contact the Office of Local Government (OLG).

I’m happy for you to contact those regulatory bodies, in fact, I encourage you to contact them immediately. Insofar as threats of defamation, I welcome all litigation.

Once again I must inform you, that if you fail to undertake a thorough investigation into my complaints of Clr Gair’s illicit conduct and behaviour using proper protocol and procedure, then you are in dereliction of your duty, and I intend to sue you for substantial damages. Based on the Australian Constitution, I have every right to expose you for corrupt conduct in your failure to properly manage governance, and this is backed up by two High Court of Australia precedents.

Signed, Adam Greenwood

Questions submitted to the District Court of NSW –

1. In the lead up to the 2012 election, Duncan Gair employed Jock Sowter as his Campaign Assistant for two months prior to the polling. Why didn’t Duncan declare the son of the developer, Murray Sowter, as a pecuniary interest, considering Clr Gair then went on to vote in favour the Sowter property development at council dozens of times in the next five years in open council, which ended up profiting the Sowter family $45,000,000 after their 100 acre farm was rezoned as residential and was ultimately sold to Chinese interests in 2018?

2. Why did Duncan Gair lie to the council and the community in 2017 when confronted with evidence of a major conflict of interest with regards to the Sowters, after he told an open council meeting that there was no conflict with the Sowters, when in fact, Jock Sowter had been his Campaign Assistant in the lead up to the 2012 council elections, a major pecuniary interest?

3. Why did Clr Gair downplay the role the Sowter family played in supporting his election campaign in 2012 by stating in a Declaration of Interest in 2013 that “Mr J Souter’s (sic) family handed out how to vote pamphlets during the election”, when Jock Sowter was actually Clr Gair’s campaign assistant for 2 months prior to the election, an election campaign that was titled Keep Duncan Gair There?

4. Why would the son of a developer that went on to sell his Coomungie property for $45,000,000 with the support of Clr Gair want to “Keep Duncan Gair There”?

5. In a 2017 Declaration of Interest, Clr Gair nominated the developer, Murray Sowter, as someone he’d known for 50 years when they were in fact long-term friends and much closer than Clr Gair intimated. Why did Clr Gair fail to nominate Mr Sowter as a pecuniary interest (a major conflict) when he voted on motions before council regarding Mr Sowter’s Coomungie property on 27 January, 2010, 23 June, 2010 and 14 July, 2010?

6. Why would Clr Gair declare his own son as a pecuniary interest (a major conflict) in August 2012 due to his role at Bowral Golf Club and abstain from debating and voting on a motion about the club, when he failed to properly declare the Sowters as a major conflict of interest having had the developer’s son on his campaign team in such a major role as Campaign Assistant?

7. Why didn’t Clr Gair declare the Sowter family as a major conflict of interest at a meeting on 24 October 2007 when a motion about their property Coomungie came up before open council, when at the time he’d been a long-term friend of Murray Sowter for 40 years?

8. Why didn’t Clr Gair declare the Urban Release of Coomungie a major conflict of interest on 9 December, 2009, when a matter about the development came before council, and especially when he voted in favour of the Sowter’s development?

9. On 14 August, 2013, Clr Gair declared the Sowter development a non-pecuniary interest when a motion came before council, but then on 9 October, 2013, when another motion about Coomungie came before council, Clr Gair failed to declare any conflict whatsoever. In fact, he even put forward an amended motion before the council about the development, while again not declaring a major or minor conflict?

10. Why did Clr Gair declare a major conflict of interest about the Coomungie development during a meeting at council on 11 December, 2013 due to the fact he was the JRPP delegate, when he failed to declare the Sowter development as a major conflict after Jock Sowter supported his campaign in such an official capacity at the 2012 elections for 2 months prior to the election?

11. On 9 December, 2015, Clr Gair failed to declare a major conflict of interest regarding the Coomungie development in a motion before council, either as the JRPP delegate, or due to fact that Jock Sowter was his Campaign Assistant in the lead up to the 2012 elections? In fact, he failed to declare any conflict of interest whatsoever after he’d declared the Sowter family a non-pecuniary interest just two years prior?

12. On 8 June 2016, Clr Gair declared the Sowter family a non-pecuniary interest with regards to a motion before council about Coomungie by stating he’d known Murray Sowter for 50 years, but hadn’t spoken to him for 4 years. a) Was Clr Gair in contact with his son, Jock in those four years? b) If so, this would be considered a major conflict of interest as Jock Sowter was the councillor’s Campaign Assistant during the lead up to the 2012 elections, making Duncan Gair’s association with the whole family a major pecuniary interest. Why didn’t Clr Gair properly declare the Sowter’s as a major conflict of interest?

13. On 8 March, 2017, Clr Gair finally declared the Sowter family and the Coomungie development a major conflict of interest after a concerned constituent wrote to the WSC GM, Ann Prendergast. From that moment on, Clr Gair refrained from debating or voting on motions before the council about Coomungie after he stated in open council, “there is a public perception that he may have some sort of interest in this item – namely, the Coomungie development and his long-term friendship with the developer, Murray Sowter? a) Why did Clr Gair mislead the council and community about his relationship with the Sowter family after Jock Sowter, a lineal descendant of the developer, campaigned for Clr Gair over two months in the lead up to the 2012 elections? b) Why did it take him 5 years to finally admit that there was a major conflict after the family did more than just hand out pamphlets for Clr Gair at the 2012 elections? c) Why did Clr Gair so vehemently pursue Clr Mauger over a number of years for alleged Code of Conduct violations while misleading the council and the community as to the real relationship he had with the Sowter family and the major conflict of interest it was for the councillor when voting and debating on motions concerning the Coomungie development?

14. On 24 May, 2017, and at a council meeting, Clr Gair again declared the Coomungie development and the Sowter family a major pecuniary interest, and even though he called it a less than significant non-pecuniary interest, he still refrained from debating and voting on the motion and he left the chamber. Clr Gair stated “he had election posters on one of the applicant’s paddocks”, without actually naming the Sowter family, and without declaring the major conflict of interest from 2012 when Jock Sowter was the Campaign Assistant in the lead up to the council elections. a) Why did Clr Gair so demonstrably mislead the council and community concerning this major conflict of interest? b) Why didn’t Clr Gair nominate applicant as a long-term friend of 50 years like he had on 8 June, 2016?

15. Once again, on 14 June, 2017, Clr Gair again failed to properly declare the Sowter family as a pecuniary interest (instead calling it a less than significant non-pecuniary interest), while telling the council that one of the “owners” allowed him to place election signs on his property in the lead up to the 2012 elections, when prior to that, he’d stated the Sowters had handed out pamphlets at the 2012 election only. a) Why did Clr Gair mislead the council again? b) Why didn’t Clr Gair declare Jock Sowter’s role in his 2012 election campaign, Keep Duncan Gair There?

16. On 13 September, 2017, a motion about the Coomungie development came up before council. At this meeting, Clr Gair not only failed to declare any form of conflict, either pecuniary or non-pecuniary, he even moved the motion itself. a) Why didn’t Clr Gair declare the Sowter family and Coomungie a major conflict of interest after he’d done so on 14 June, 2017, 24 May, 2017 and 8 March, 2017? b) How could a councillor of nearly 20 years experience NOT properly declare a major conflict concerning a motion before council, when (over the years) he’d chastised so many other councillors who failed to comply with the very strict WSC Code of Conduct obligations, especially those that concerned the proper declarations of pecuniary interests?

17. On 8 November, 2017, less than a month later, Clr Gair went back to declaring the Coomungie development a less than significant non-pecuniary interest, when in fact, the conflict was pecuniary, and he was meant to leave the chamber while the debating and voting took place. In fact, he ended up staying in the chamber and voting on the motion in the negative, while trying to inform the chamber that he was abstaining from voting. But because the Clr Gair hadn’t absented himself from the vote, he actually ended up voting on a motion he’d declared as a major conflict of interest. a) How could a councillor with 20 years experience and expertise as an elected official make such a simple mistake in staying in the chamber while the vote took place, in contravention of the Declaration of Interests obligations that all councillors should be fully aware of? Why didn’t Clr Gair declare the major conflict with regards to Jock Sowter being his Campaign Assistant at 2012 elections?

18. On 27 April, 2016, Clr Gair declared a motion before council a non-pecuniary interest, and nominated two of his children as a conflict regarding Welby Hockey Field. Why would Clr Gair nominate his children as a minor conflict, but then fail to declare Jock Sowter’s major involvement with election campaign of 2012?

19. On 9 February, 2011, Clr Gair nominated a minor conflict of interest with regards a motion that came before council “because his brother lives next door to the business”. However, he left the chamber as if it was a major interest and refrained from debating and voting on the matter. Why would Clr Gair declare such a minor conflict in 2011, one that forced him to not debate or vote on the motion before council, only for him to fail in declaring Jock Sowter’s role in his 2012 election campaign for 5 years from 2013 to 2017?

20. On 14 October, 2015, Clr Gair refrained from voting and debating on a motion before council that concerned a development in Bong Bong St, Bowral. Once again, he called it a less than significant non-pecuniary interest, but still chose to leave the chamber when the matter came before council. Clr Gair stated for the record (that) the conflict occurred because he was in the same business as the applicants. At the time, the businesses were 24 kms apart. Why did Clr Gair declare a business quite a distance away from his own as a major conflict, but fail to declare Jock Sowter as his Campaign Assistant in 2012 elections for four years after the elections took place?

21. On December, 2012, Clr Gair declared a non-pecuniary interest for a motion before council because “his son’s partner works for the consultancy group”. He left the chamber and abstained from voting on the motion, which (in essence) is the same as declaring a pecuniary interest, a major conflict. If Clr Gair (in the same year as the 2012 election) nominates such a minor conflict as a major conflict, why didn’t he go on to declare Jock Sowter’s major role in his election campaign, Keep Duncan Gair There for four years following his re-election to council?

22. On 26 June, 2013, Clr Gair declared a non-pecuniary significant interest in a motion before council concerning the Bundanoon Markets. Clr Gair refrained from debating and voting on the motion because “he wrote a letter of support for the operator of the development “. Why would Clr Gair nominate this motion as a major conflict, forcing him to refrain from voting and debating on the matter, while not declaring Jock Sowter as a major conflict of interest due to his role as Clr Gair’s Campaign Assistant for two months prior to the 2012 council elections?

23. On 27 May, 2009, Clr Gair declared a major conflict of interest regarding a motion before council concerning a Plant Equipment Hire Yard at Braemer because of his “friendship with the applicant” and because he had “his election posters on the applicant’s property for the last council elections”. He left the chamber, took no part in the debate and refrained from voting thereon. a) Why did Clr Gair nominate a long term friendship with this applicant, but fail to properly declare his 50 year friendship with Murray Sowter (and the Sowter family) at any motions before council concerning Coomungie in the next 8 years? Indeed, Clr Gair on a number of occasions (in the ensuing years) nominated Murray Sowter as someone he’d known for 50 years, but without alluding to the fact he was a close personal friend of the developer. After all, the developer’s son played a major part in Clr Gair’s reelection bid at the 2012 elections as the Campaign Assistant. b) If, in 2009, Clr Gair declared a non-pecuniary interest (a major conflict) regarding his friendship with an applicant (Braemer Hire Yard), while also admitting to having his election posters on the applicant’s property (necessitating the councillor to refrain from voting and debating on the motion), why didn’t Clr Gair declare his friendship with Murray Sowter (and the fact the councillor had posters on Mr Murray’s property in the lead up to the 2012 elections) on the following dates when motions about Coomungie came before council – 14 August, 2013; 9 October, 2013; 11, December, 2013; 9 December, 2015; 8 June, 2016; and 22 June, 2016

24. On 26 April, 2007, Clr Gair declared a pecuniary interest in relation to “the land in Fitzroy Falls as he resides in the area”. He took no part in the debate and refrained from voting thereon. At a meeting on 9 May, 2007, Clr Gair again nominated the same land as a pecuniary interest, and left the chamber when the motion was debated and voted on. a) Why did Clr Gair declare such a major conflict regarding land he resides near in 2007, but then fail to declare Jock Sowter’s official role in his re-election campaign of 2012? b) Surely having the son of a developer as his campaign assistant at the 2012 elections is a far greater conflict of interest, than a motion before council concerning a block of land that he happens to live near. How could Clr Gair make such contradictory decelerations of interest concerning the two matters?

25. On 28 May, 2008, Clr Gair declared a major conflict of interest (pecuniary) regarding changes to the policy involving “Severed Lots”. The councillor stated for the record that “a casual employee of has a pecuniary interest and therefore a financial benefit”. Clr Gair absented himself from the council chamber when the motion was moved. a) Why did Clr Gair declare a casual employee’s financial benefit as a conflict in 2008 in such great detail, but then fail to declare his campaign assistant at his 2012 re-election bid as any benefit at all, when in fact, Jock Sowter was so instrumental in Clr Gair’s re-election to the council, the councillor was paid wages over the following four year period, in which he received “financial benefit” as part of his remuneration? b) At a council meeting prior to making this very important declaration of interest regarding a casual employee, Clr Gair nominated the property of “an adjacent landowner” as a major conflict of interest (pecunairy), absenting the chamber when that motion was brought before council. Why was Clr Gair so confident and definitive in his decelerations of conflict in 2008 using proper protocol and procedure, when he failed to declare a major conflict in 2012 regarding the son of a developer, and the lineal descendent of a life-long friend and fellow member of the Nationals Party Southern Highlands sub-branch? c) Indeed, prior to both those motions coming before council in early 2008, Clr Gair declared a pecuniary interest on 2 April regarding amendments to the Food Act and the Food Regulation Act “he is a shop owner and is directly affected by the increase in fees”, thereby acknowledging a major conflict as a “financial benefit”. While this conflict was nominated as such on Page 3 in the council meeting minutes – Declarations of Interest (prior to the commencement of the meeting), when the motion was finally moved in the meeting itself, Clr Gair withdrew his declaration of interest because “the fees are included in Council’s Schedule of Fees and Charges which apply across the shire”. How was Clr Gair so fundamentally aware of a potential pecuniary interest in 2008, when in 2012 and beyond, Clr Gair so demonstrably failed in declaring Jock Sowter’s support for his re-election to council as a major conflict? d) Did Clr Gair receive any inducements from the Sowter family, after which he willingly and knowingly minimised his relationship with the owners of Coomungie, thereby allowing the councillor to vote in favour of the development in the next ten years of motions before council?

26. On 9 December, 2009, Clr David Stranger declared a motion before council regarding Coomungie as a major conflict of interest (pecuniary) because his business managed the homes on the property. He vacated the chamber when the motion was moved, quite rightly choosing not to debate and vote on the matter. As of 2008, Clr Gair had been friends with Murray Sowter, the owner of Coomungie, for 40 years. a) Why didn’t Clr Gair declare a major conflict of interest with regards to the same Coomungie motion before council, after he’d nominated major conflicts of interest the previous year involving “a casual employee” and the owner of a property that was “adjacent” to his own? b) Why didn’t Clr Stranger’s declaration of a major conflict with Coomungie prompt Clr Gair to declare his own conflict regarding the Coomungie motion, considering Clr Gair was so assiduous in declaring pecuniary interests in 2008 on 2 April and 28 May? c) On 9 October, 2008, Clr Stranger nominated Chelsea Gardens a pecuniary interest as part of a motion before council, listing aspects of the conflict in even greater detail. Not only was Chelsea Gardens a major conflict for the councillor because “his business manages residential tenancies on adjoining properties, Coomungie and Park Leigh”, Clr Stranger went so far as to declare the owner of the Chelsea Gardens a “competitor and colleague”. Why wasn’t Clr Gair as open and honest about his 40 year friendship with the owner of the adjoining property, Coomungie, and the fact that Clr Gair and Mr Sowter were fellow members of the Southern Highlands chapter of the Nationals Party?

27. On 22 April, 2009, declared a major conflict of interest with regards to a motion before council “as Mrs Leah Day had run on his ticket at the last last Council elections”. Clr Gair “left the chamber, took no part in the debate and refrained from voting thereon”. The motion that was moved in Clr Gair’s absence recommended “THAT historian Mrs Leah Day, in advisory capacity, be invited to attend the meeting with Aldi on Friday, 24 April, 2009, together with the Mayo Clr T D Gair and the Director Environment and Planning”. a) Why did Clr Gair quite rightly declare Dr Day’s involvement with the Aldi motion before council a major conflict of interest, but then fail to declare the same major conflict of interest two day’s later when they both attended the meeting with Aldi representatives? b) As the mayor at the time, why didn’t Clr Gair show an even more heightened sense for awareness about properly declaring pecuniary interests? Indeed, the councillor declared a major conflict of interest on 22 April, 2009, regarding Dr Day, but then failed to declare the conflict in his official capacity as mayor two days later. c) Why would Clr Gair nominate a running mate on his election ticket in 2008, but fail to declare Murray Sowter, a long-term friend and property developer, as a major conflict of interest when motions about Coomungie came before council during the same term of council on 24 October, 2007; 9 December, 2009; 27 January, 2010 and 24 June, 2010? d) Two years later, on 26 October, 2011, Clr Gair again nominated Dr Day as a conflict of interest, but this time “he remained in the chamber, took part in the debate and voted thereon”. According to the Local Government Act 1993 and the ICAC Act 1988, when an elected official declares a pecuniary interest and leaves the chamber, and refrains from voting thereon, they are obligated by law to declare the same declaration whenever the conflict arises in the future. Why did Clr Gair declare the conflict regarding Dr Day as a more minor conflict on 26 October, 2011, after he’d declared a much more serious conflict with regards to Dr Day on 22 April, 2009? And why did Clr Gair go so far as to second the motion at the meeting on 26 October, 2011, when he had no right to even be present during the motion having declared Dr Day’s involvement in the motion 22 April, 2009?

28. On 24 April, 2012, Clr Gair was forced to apologise in open council for an oversight in that “he was remiss in that he did not declare a less than significant non-pecuniary interest in relation to the address by Dr Leah Day in Public Forum, as he was a running partner of hers at the previous council elections (2008)”. a) Not only was Clr Gair remiss in not declaring an interest about Dr Day on 24 April, 2012, he was in contravention of the law with regards to strict declaration of interest requirements when he downgraded his conflict from a “non-pecuniary interest” (leaves the chamber), to the more minor conflict “a less than significant non-pecuniary interest” (remains in the chamber). How can an elected official like Clr Gair – with nearly 20 years experience as a councillor – be remiss and apologetic for forgetting to declare a major conflict of interest, only to then declare the interest less than what he declared for the original conflict declaration, in contravention of the council’s strict code of conduct requirements? b) On 9 May, 2012, and as part of Questions from the Public, Clr Gair declared Dr Day’s question to the meeting a “less than significant non-pecuniary interest” due to the fact she was his running mate at the pervious council elections. Clr Gair remained in the chamber when the question was asked. Why did Clr Gair nominate a less than significant non-pecuniary interest on this occasion, when on 22 April, 2009, he declared Dr Day’s conflict a non-pecuniary interest, at which time he left the chamber, took no part in the debate, and refrained from voting thereon? c) On 14 August, 2013, the following question was put to Clr Gair as per Questions from the Public. Why has Clr T D Gair not made a declaration of interest in relation to the Mittagong Bowling Club, as Dr Leah Day was noted as being on the same ticket as Clr Duncan Gair during a past election campaign? Clr Gair’s response was “that during the (4) four years of the previous council he made declarations of interest where required”. How can Clr Gair mislead the council in stating he’d properly declared conflicts of interest in the council term – 2008 to 2012 – when in fact, Clr Gair failed to declare a major conflict of interest with regards to the Sowter family being close long-term friends when motions about Coomungie came before council on 24 October, 2007; 9 December, 2009; 27 January, 2010 and 24 June, 2010? If on 14 August, 2013, Clr Gair stated in open council that “he made declarations of interest where required”, why hasn’t Clr Gair ever nominated Jock Sowter’s role as his campaign assistant at the 2012 elections from 2012 to 2019? Wouldn’t having the son of a developer as his campaign assistant be as much of a conflict of interest, as the conflict nominated by Clr Gair with regards to Dr Day as his running mate on 22 April, 2009?

29. On 13 July, 2016, Clr Gair declared a less than significant non-pecuniary interest with regards to an application for a development because “he knows one of those with a pecuniary interest in the development, namely Clr Uliana, who he has supported on many of his DAs”. From 2007 to 2018, Clr Gair failed to properly declare his long-term friend, Murray Sowter as a “developer”. From 2012 to 2019, Clr Gair failed to declare Murray Sowter’s son, Jock, as a major conflict of interest, after the lineal descendent of the developer supported his campaign for re-election in 2012. Why, on 13 July, 2016, did Clr Gair admit to supporting a well known developer (John Uliana) while nominating that fact as a conflict of interest, but fail to inform the community, that for over a decade, he supported another developer (Murray Sowter) in exactly the same way, and without properly informing the council and the community?

30. On 27 March, 2017, Clr Gair declared a less than significant non-pecuniary interest with regards to Gordon Lewis because “(he) was a running mate in the 2016 Council Elections.” Clr Gair remained in the chamber, took part in the debate and voted on the matter. Why did Clr Gair nominate such a minimal conflict of interest regarding his running mate, Gordon Lewis at a council meeting in 2017 (thereby remaining in the chamber when the motion came before council), when on 22 April, 2019, he declared his running mate at the 2008 elections, Dr Day, as a major conflict of interest (thereby necessitating he leave the chamber, take no part in the debate, and refrain from voting thereon?

31. On 14 March, 2018, Clr Gair declared a less than significant non-pecuniary interest with regards to a development before council that involved his “son and daughter in law”. Clr Gair left the chamber, took no part in the debate and refrained from voting on the matter”. Why did Clr Gair declare a “less than significant non-pecuniary interest”, when as the lineal descendent of a councillor, the conflict with regards to Clr Gair’s son was a significant pecuniary interest? Why did Clr Gair nominate his son’s conflict as one that would necessitate him leaving the chamber and not voting on the matter, when he failed to nominate Jock Sowter as his campaign assistant at the 2012 elections, at all, ever, from 2012 to 2019?

32. As part of Clr Gair’s 2016 re-election campaign, The Common Sense Team, he made the following statement on a political advertising brochure – “Since 1995 (…), I have served the community in an honest, fair and dedicated manner”. How could’ve Clr Gair made such a statement at the time, when during the 2012 to 2016 council term, he failed to inform the community of Jock Sowter’s significant role as his campaign assistant in the lead up to the 2012 elections, a role Jock Sowter performed for two months before the polling day? How is it common sense for a councillor seeking re-election to so blatantly lie to the community in failing to declare Jock Sowter’s prominent role in his re-election bid in 2012?

33. On June 1, 2016, the Southern Highland News reported on the announcement of Clr Gair’s election ticket. The opening paragraph of the article states the following – “Credibility, honesty and commitment” were the words Councillor Duncan Gair used to describe his team for the 2016 council election.” Other quotes by Clr Gair about his team included, one “the community could have confidence in” and “a confidence in honesty, commitment and fair-mindedness is what the team is promoting” and “we have real focus on what is best for the community”. a) Why did Clr Gair promote his credibility and honesty in the lead up to the 2016 election, when he’d failed to be credible and honest in declaring Jock Sowter’s major conflict of interest as his campaign assistant in the lead-up to the 2012 elections? b) Why did he mislead the community about Jock Sowter’s role in 2012, while still telling the electorate in 2016 that his team was one “the community could have confidence in”? c) Why did Clr Gair state that the real focus of his election ticket was what’s best for the community, when he was being so deceptive and duplicitous by not properly informing the community about Jock Sowter’s major role in his re-election bid of 2012?

34. On 14 June, 2017, Clr Gair declared a “less than significant non-pecuniary interest" regarding a motion before council about the Coomungie development. Without naming the developer, Murray Sowter, as a friend, and without declaring the son of Murray Sowter as the campaign manager of his re-election bid in 2012, Clr Gair nominated the conflict of interest because “he had some political advertising signs on one of the owner’s properties”. Clr Gair then abstained from voting and debating on the motion (the equivalent of declaring a major conflict of interest – pecuniary). On 13 September, 2017, a motion came before council that (in part) concerned the Coomungie development. Clr Gair not only failed to declare any conflict whatsoever, he moved the motion that involved the Coomungie matter. On 8 November, 2018, a motion came before council concerning the Coomungie development and Clr Gair declared “a less than significant pecuniary interest”. Clr Gair stated he would remain in the chamber when the matter was discussed, and take part in the voting and debating thereon “only if it is in the affirmative”. a) On three occasions in the space of 6 months, and with regards to the Coomungie development, Clr Gair left the chamber when a motion came before council the first time, failed to declare an interest the second time, and then illegally voted on the development the third time. Based on Clr Gair pursuing Clr Jim Mauger for numerous Code of Conduct violations from 2009 to 2013 (costing the council hundreds of thousands of dollars to prosecute), why was Clr Gair allowed to violate the same Code of Conduct regulations with regards to strict Declarations of Interest requirements? b)Why didn’t Clr Gair (at the time of these infractions) nominate Jock Sowter’s prominent role in his 2012 re-election bid, rather than just stating that “there is a perception in the community that he has some form of interest in the development”. c) Wouldn’t Jock Sowter’s role as campaign manager for his re-election bid 2012 give the community a perception that Clr Gair did indeed have some form of interest in the development (had they known at the time)? When will Clr Gair finally tell the community that he did indeed have the lineal descendent of a developer as his campaign manager for two months in the lead up to the 2012 elections?

35. On 23 March, 2016, Clr Gair declared a significant non-pecuniary interest regarding Mt Ashby Estate because “he is in the same business as part of Mt Ashby, ie selling antiques and collectables”. Clr Gair stated he would be absent from the Chambers for consideration of that item. On 13 April, 2016, Clr Gair again nominated a motion before council concerning Mt Ashby Estate “as he has a conflict with some of the business activities at Mt Ashby”. Clr Gair stated he will be absent from the Chambers for consideration of that item. On two following occasions, Clr Gair did the same when motions about Mt Ashby came before council concerning Mt Ashby, due to the conflict of selling merchandise from his store, Grandpa’s Shed, and similar to what was sold at Mt Ashby. Why did Clr Gair properly declare his conflict with Mt Ashby four times during the year 2016, but when motions about Coomungie came up twice that year, Clr Gair failed to declare Jock Sowter’s major role as his campaign manager in the lead up to the 2012 elections?

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Re: Wingecarribee Shire Councilor Duncan Gair

Postby WingecarribeeCouncilCorruption » Mon Aug 26, 2019 10:36 am

Hi Ms Lidgard,

As part of my ongoing exposure of Mayor Duncan Gair’s long-term systemic corruption, I’ve got more questions for you; the Manager Governance – as to how Clr Gair has so flagrantly disobeyed strict guidelines for councillors based on legislated Code of Conduct requirements.

Before I start this new round of questions based on evidence already in the public domain, I’d like to make enquiries as to why earlier complaints I’ve submitted to you about Clr Gair’s corruption haven’t been addressed, in fact, my most recent correspondence (containing overwhelming evidence of the councillor’s malfeasance) hasn’t even been acknowledged.

Ms Lidgard, do you intend to respond to my ongoing allegations of Clr Gair’s corruption that’s fully backed up by irrefutable evidence?

Will the council simply be ignoring my complaints of Clr Gair’s corruption in the hope it will all just go away?

Are the councillors and senior managers aware that all of my complaints about Clr Gair’s corruption directed to council are being shared with leading members of parliament, regulatory bodies and authorities, major community stakeholders, and prominent members of the media?

Isn’t the council obligated to address my complaints in a timely fashion using proper protocol and procedure?

In previous correspondence, you threatened to complain to the Office of Local Government (OLG) about me, due to my complaints about entrenched corruption at Wingecarribee Shire Council, and in particular, your own failure to maintain council probity (which, having occurred on more than one occasion over a period of time, constitutes systemic corruption according to the ICAC Act of 1988). If you’re going to be complaining to OLG, will you also be submitting my serious, credible complaints of Mayor Duncan Gair’s corruption?

Will the council be using the excuse that I’ve failed to complain about Clr Gair’s Code of Conduct violations using the correct protocol and procedure? If so, will the council be informing me on how to properly complain about Clr Gair’s corruption using proper protocol and procedure, in line with council probity and the council’s Zero Tolerance to Corruption Policy?

Ms Lidgard, the following questions concern Clr Gair’s ongoing conflict of interests with regards the Sowter family and the illegal sale of their Coomungie development to Chinese interests in 2018.

Now that it’s been established that Clr Gair has so demonstrably failed to declare Jock Sowter’s involvement with the councillor’s 2012 re-election bid (Campaign Assistant – Keep Duncan Gair There – two months from Aug-Sept), why hasn’t Clr Gair publicly amended his declaration of interest to include the major role – pecuniary – that the lineal descendent of a developer played in having the councillor re-elected to council seven years ago?

Based on Jock Sowter’s current LinkedIn page entries, the reference to his major role in Clr Gair’s 2012 re-election bid is still prominent on his online resumé. If Jock Sowter is still showcasing his major role in the re-election bid of 2012, why isn’t Clr Gair willing to acknowledge that the family he once declared as a minimal conflict of interest, is, in fact, a pecuniary interest (major conflict), insofar as his relationship with the family is a long-term friendship of 50 years, and also based on the significant role Jock Sowter played in having the councillor re-elected in 2012?

I’m being sued by Clr Gair for defamation after calling him out as a crook and a racketeer. I’ve now supplied evidence of Clr Gair’s corruption that proves this beyond a shadow of doubt. One of the Witnesses to the Statement of Claim is Jock Sowter. Can you explain how a person Clr Gair failed to declare as a major conflict of interest over 7 years (and which constitutes systemic corruption based on the ICAC Act of 1988), can be used as a witness in a malicious and vexatious civil action against me? Wouldn’t Jock Sowter’s role as a witness to the statement of claim be a major conflict of interest in itself? After hiding Jock Sowter’s role in his re-election bid of 2012, thereby misleading the council and community, wouldn’t it be considered an attempt to pervert the course of justice for Clr Gair to call upon Jock Sowter to be a witness to the proceedings based on the perverted role Jock Sowter played in having Clr Gair re-elected in 2012?

Jock Sowter’s current LinkedIn page can be accessed by anyone via the internet. But when I try to access the page through my own LinkedIn account, it’s a dead link and I’m informed that “This profile is not available”. This means, that while Jock Sowter is happy for members of the community to access his LinkedIn page, he has purposely barred me from accessing the same information. Why would Jock Sowter specifically exclude me from accessing his LinkedIn page, while allowing others full access? Wouldn’t it be considered Obstruction of Justice for Jock Sowter to bar me from accessing information that’s incriminating, and which could be used as part of my defence in the malicious and vexatious litigation against me? Before I first submitted damning evidence to you of Jock Sowter’s major role in Clr Gair’s re-election bid, I had full access to Mr Sowter’s LinkedIn page. Two days after I sent you correspondence concerning Jock Sowter’s conflicting role in Clr Gair’s re-election bid, I was all of sudden barred from accessing the LinkedIn page. Who or what has influenced Jock Sowter into barring me from accessing his online resumé that’s available for all other members of the public to access?

Based on Jock Sowter’s significant role in Clr Gair’s re-election bid of 2012, and based on Clr Gair’s demonstrative failure to declare the major conflict to the council and community for nearly 7 years (constituting long-term systemic corruption), isn’t the councillor’s continued litigation against me, and his attempt to pervert the course of justice, the type of conduct and behaviour that “brings the council into disrepute”, based on the council’s charter, the strict Councillor Code of Conduct regulations, the WSC Fraud and Corruption Prevention policy (2019), the council’s Zero Tolerance to Corruption Policy, and the maintaining of council probity – accountability, transparency and integrity? Why isn’t the council, and in particular, the General Manager and the Manager Governance, calling on Clr Gair to suspend his litigation against me based on irrefutable evidence of the councillor’s long-term corruption – up until a full and comprehensive investigation is undertaken concerning the councillor’s long-term conduct and behaviour?

The following questions involve the Coomungie development and Clr Gair’s continued failure to properly declare his long-term friendship with Murray Sowter – the developer, along with the lineal descendent of Mr Sowter’s – his son, Jock.

In a Southern Highland News article on September 3, 2012, Clr Gair was interviewed with regards to his re-election bid to council.

One of his responses to the interviewer’s questions was as follows – “I (also) believe I have good interpersonal skills when dealing with the public and council staff. I have been a councillor for 17 years and Mayor for two terms. So I believe I have a very sound understanding of council’s functions and legislative requirements”. Based on Clr Gair’s pre-election statement of 2012, how can Clr Gair refer to his "understanding of council’s functions and legislative requirements", when at the very same time, he was employing Jock Sowter in the role of Campaign Assistant for his re-election bid “Keep Duncan Gair There”, a significant role he failed to declare to the council and community for the next 7 years? How can Clr Gair state that he has “good interpersonal skills when dealing with the public”, when he failed so demonstratively in letting “the public” know of the major conflict of interest in having Jock Sowter support his re-election bid of 2012, a significant role that helped Clr Gair regain office, while also allowing the councillor to vote in favour of the Sowter’s Coomungie development over the next 5 years?

In a Southern Highland News article on April 29, 2010, Clr Gair is quoted as saying the following about the Coomungie development.

Wingecarribee mayor Duncan Gair defended the processes followed regarding the urban land release in the Chelsea Gardens and Coomungie property areas. “This all started back in 2005, not last month or last year. Due processes have been followed and we have listened to the community along the way,” Cr Gair said. “This proposal was advertised widely and as such I cannot understand why some residents are suddenly saying they have never heard of the proposal before. There seems to be a lot of incorrect information being distributed and a clear lack of understanding of what is proposed for the entire Shire to ensure we plan for projected population increases as directed by the state government. No urban release proposal is picked at random. Proposed locations are checked for suitability with comprehensive studies and analysis of a full range of issues.”

How can Clr Gair be speaking of a development, where the developer is a close personal friend of 40 years, and which constitutes a major conflict – a pecuniary interest? Why didn’t Clr Gair declare the major conflict of interest with regards to the developer, Murray Sowter, and therefore refrain from speaking of the Coomungie development, in accordance with strict Code of Conduct requirements, and the rules and regulations governing Declaration of Interests? At the time of failing to make any type of declaration about Murray Sowter in the above news article statement, Duncan Gair was vexatiously and maliciously pursuing Clr Jim Mauger for 4 Code of Conduct violations, alleged violations that were sustained by the corrupt reviewer, Esther Mackay, but which were eventually struck down by the Supreme Court of NSW, costing Mr Mauger and the council (ratepayers) over $500,000 in costs? How can Clr Gair be so hypocritical maintaining a 4 year witch-hunt against Clr Mauger, while failing to declare his close, personal friendship with Murray Sowter, a developer who’s son not only goes on to support his re-election bid of 2012, but who also goes on to sell his “farm” for $40,000,000 more than the land was worth as farmland – a development Clr Gair votes in favour of – for the next 5 years when motions about the development came before council time-and-time again?

In fact, according to a council meeting on 14 September, 2011, and with regards to the witch-hunt that Clr Gair initiated against Clr Mauger based on trumped up charges of violating Code of Conduct regulations, Mayor Ken Halstead had this to say about the councillor’s (Gair’s) own conduct and behaviour –

“Councillor Gair, it’s clear to me, that in fact, you don’t know some of the processes under the Code of Conduct and one of them is that you had no right to instigate a Code of Conduct against another councillor? Do you realise that’s the function of the GM? And yet, you did it.”

“Have you actually read the Code of Conduct?” asked Mayor Halstead.

“I have,” replied Clr Gair.

Mayor Halstead was referring to the fact that Clr Gair had illegally brought charges against Clr Mauger (when Clr Gair was mayor at the time), an action that was in contravention of the rules that govern the reporting Code of Code violations. Clr Gair had committed a very serious offence, while also committing the offences as the mayor.

Indeed, at a meeting on 28 March, 2012, Clr Gair was quite rightly accused of initiating the Code of Conduct complaint against Clr Mauger, and when Clr Mauger confronted Clr Gair about making the initial complaint, Clr Gair lied to the council, and blatantly mislead the community –

Clr Mauger (General Business question – in part) – (He) advised that for clarification this question encompasses a timeframe extending back to the lodgement of the Code of Conduct complaint by Clr Gair.

Clr Gair – raised a point of order and advised that he did not lodge a Code of Conduct with Clr Mauger and that it was information that he asked the General Manager to look at and that he wanted to sit down and discuss those matters with Clr Mauger. He advised that Clr Mauger initiated a Code of Conduct again (sic) him.

Ms Lidgard, Clr Gair has brazenly lied to the council and community in making false and misleading statements regarding his Code of Conduct complaints against Clr Mauger in 2012. In fact, at the meeting on 14 September, 2011 (six-months prior), Mayor Halstead clearly states that Clr Gair not only instigated the Code of Conduct complaints against Clr Mauger, he actually had no right to do so. My questions to you are as follows – How can Clr Gair be suing me for defamation for calling him a crook and a racketeer when it’s now demonstrably obvious that he is, in fact, a crook and a racketeer? A crook being someone who is dishonest, and a racketeer being someone who is dishonest in business. How has Clr Gair been able to destroy my life and ruin me financially as part of a defamation case, when it’s now overwhelming evident that he’s guilty of long-term systemic corruption, as defined by the ICAC Act of 1988? Isn’t such conduct and behaviour by Clr Gair in suing me for defamation, in contravention of the council’s charter, insofar as he is bringing the council into disrepute? What action will the council now take based on evidence of Clr Gair’s long-term systemic corruption that’s been exposed using documents and information already in the public domain? Will the council continue to protect Clr Gair from scrutiny and investigation, now that this damning and irrefutable evidence has come to light?

Continuing on with the mayor’s statements about Clr Gair at the council meeting on 14 September, 2011, Clr Halstead makes these extraordinary claims as part of an ongoing debate with the councillor –

Mayor Ken Halstead – “(I) suggest that you (Gair) should know what the processes are (with regards to making Code of Conduct complaints using proper protocol and procedure), I think you stepped out of your line, not only that this Report talks about you Councillor Gair uh, suggesting that Councillor Mauger has spoken to staff (one of the Code of Conduct complaints made by Clr Gair against Clr Mauger included the charge that Clr Mauger directed staff). You haven’t spoken to staff, (Clr Gair)? You haven’t directed staff?”

Councillor Duncan Gair – “Uh …”

Mayor Ken Halstead – “… be careful here. Have you directed staff? I’m talking about what’s in this report (Esther Mackay’s review). Pardon?”

Councillor Duncan Gair – “I haven’t directed staff, no.”

Mayor Ken Halstead – “Haven’t?”

Councillor Duncan Gair – “No, I have asked staff but haven’t directed staff.”

Mayor Ken Halstead – “So you didn’t direct staff to carry out certain investigations about Councillor Mauger?”

Councillor Duncan Gair – “That was …”

Mayor Ken Halstead – “… I think you did Councillor Gair. You gave directions because that was the response given (in Esther Mackay’s report). You don’t think you did, (Clr Gair)? Well you might have to defend that later on, I don’t know. But it seems to me that maybe you gave directions that certain investigations be undertaken against Councillor Mauger.”

Mayor Ken Halstead – (Later in the debate) “Um, it’s quite interesting, uh, I mean I could go on and on, so in this Report here it talks about Councillor Gair giving a direction when he was asking questions about abandoned vehicles … (That) is in this Report suggesting that he (Gair) gave directions.”

Ms Lidgard, how can Clr Gair be suing me for defamation for calling him out for corruption, when it’s now overwhelmingly obvious that Clr Gair has committed serious offences as not only an elected official sworn to uphold the probity of council, but as the mayor at the time he instigated false and misleading Code of Conduct complaints against a fellow councillor? Where was Peter Nelson at time the serious offences were being committed by Clr Gair, Mr Nelson being the Manager Governance in 2011 when the extraordinary meeting was taking place? Why didn’t Mr Nelson (at the time), maintain council probity by reporting the fact that Clr Gair had indeed directed staff, and not only that, he directed staff when making complaints about another councillor directing staff? Why didn’t Clr Halstead (the mayor at the time) report Clr Gair’s serious offences to the Office of Local Government, including making a false and misleading Code of Conduct complaint against a fellow councillor, instigating a Code of Conduct complaint against a fellow councillor in contravention of Code of Conduct rules and regulations, and directing staff to investigate Clr Mauger based on false and misleading allegations of councillor impropriety?

In a 2ST report on 24 May, 2018 (that’s since been taken down by 2ST management), Clr Gair took exception to comments made by Clr Scandrett, as follows –

“Wingecarribee Councillor Duncan Gair is contemplating whether to refer Deputy Mayor Ian Scandrett to the Office of Local Government over what he claims are defamatory comments made about him (Gair) on Facebook. The comments relate to the Moss Vale Saleyards (sic) and an information session about reviewing council assets, with the view of possibly paying off debts at the Moss Vale Aquatic Centre. Councillor Gair insists he has no plans to sell the saleyards (sic). He claims comments also made about the information session into council assets were also taken out of context. Councillor Gair says Councillor Scandrett’s actions towards him and his colleagues are absolutely abhorrent.”

Ms Lidgard, how can Clr Gair be threatening Clr Scandrett with a complaint to the Office of Local Government based on comments made about him on Facebook, when in 2011, it was established by Clr Halstead (the mayor at the time), that Clr Gair was guilty of –

Making a false and misleading Code of Conduct complaint against a fellow councillor, instigating a Code of Conduct complaint against a fellow councillor in contravention of Code of Conduct rules and regulations, and directing staff to investigate Clr Mauger based on false and misleading allegations of councillor impropriety?

How can Clr Scandrett’s alleged comments in 2018, be any worse than Clr Gair’s illegal conduct and behaviour in 2011, at which time he committed serious offences in obvious contravention of the ICAC Act of 1988, and which constitutes systemic corruption?

In an ABC (online) article on 26 June, 2014, and titled “Wingecarribee Mayor censured, ordered to undergo counselling”, Clr Gair made some startling statements about the mayor at the time, Juliet Arkwright, statements that can now be proved to be hypocritical and sanctimonious.

Councillor Duncan Gair says the censure result will be reported back to the Office of Local Government, which could suspend Juliet Arkwright. “It is the office that determines whether the censure of the Mayor and the code of conduct breach warrants a suspension or just a loss of meetings for one or two times,” Councillor Gair said. He (Gair) says the council is in uncharted waters. “There's never been a councillor in my 20 years who's been censured under the code of conduct.”

Ms Lidgard, my questions to you are as follows –

How can Clr Gair be holding Clr Arkwright to account for alleged breaches of Code of Conduct regulations necessitating a report to the Office of Local Government, when Clr Gair was at the time in breach of the Code of Conduct regulations with regards to his failure to declare Jock Sowter’s significant role in his re-election bid of 2012; a conflict he failed to declare for the next 4 years (following the 2014 ABC online article)? How can Clr Gair make the extraordinary statement, “There's never been a councillor in my 20 years who's been censured under the code of conduct”, when for 4 years from 2009 to 2013, Clr Gair attempted to censure, indeed, he attempted to destroy the political career, of Councillor Jim Mauger? When will the council, and indeed, the General Manager and Manager Governance, initiate an investigation into Clr Gair’s conduct and behaviour now that there’s overwhelming evidence of his long-term systemic corruption, and based on the fact that Clr Gair has been so pro-active in holding his fellow councillors to account for serious Code of Conduct violations, when he was so overwhelming guilty of violating Code of Conduct regulations numerous times, and over a number of years (constituting systemic corruption according to the ICAC Act of 1988)?

Ms Lidgard, in correspondence to follow, I’ll be exposing Deputy Mayor Garry Turland for serious long-term systemic corruption, very similar to the serious allegations I’ve made against his fellow litigator (Clr Gair) in the malicious and vexatious defamation case against me. There seems to be a pattern of long-term corruption by the pair, and it’s now blatantly obvious that the two elected officials, indeed, the mayor and deputy mayor of our shire, have instigated and maintained a SLAPP lawsuit against me –

A strategic lawsuit against public participation (SLAPP) is a lawsuit that is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defence until they abandon their criticism or opposition. In the typical SLAPP lawsuit, the plaintiff does not normally expect to win the case. The plaintiff's goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs, or simple exhaustion and abandons the criticism.

In the following article – https://www.southernhighlandnews.com.au ... t-started/ – Councillor Garry Turland is committing the very serious offence of failing to declare a major conflict of interest – pecuniary – when he has already declared the Station Street Upgrade as a pecuniary interest on 26 August, 2015 (due to his ownership of Bowral Mall, a multi-million dollar business on Station St). On 9 August, 2017, Clr Turland downgraded his declaration of interest regarding the Station St Upgrade to the more minimal “less than significant non-pecuniary interest”, which is in contravention of the strict rules governing Declaration of Interests regulations. In doing so, and in continuing to declare the Station Street Upgrade as a minimal conflict (after declaring the $15,000,000 development a major conflict – pecuniary), Clr Turland is guilty of committing a crime, aka systemic corruption, based on the ICAC Act of 1988.

In a recent move, and one that shows Clr Turland holding the council and the shire in complete and utter contempt, the deputy mayor has failed to even declare an interest regarding three motions about the Station Street Upgrade, motions that came before council at a meeting in 14 August, 2019 (motions 18.3, 18.4 and 18.13). This is further confirmation of Clr Turland’s complete disregard for the rules governing Declaration of Interests. He is now brazenly committing serious systemic corruption, a crime, in full view of the council and the community.

At the same time that Clr Turland is committing serious crimes as an elected official, no less than as the deputy mayor of our shire, he is continuing his malicious and vexatious defamation case against me, in conjunction with the corrupt mayor of our shire, Duncan Gair, while utilising two community members I’ve now proven to be demonstrably corrupt, Charlie Johns and Jock Sowter, with the whole case being prosecuted by their corrupt solicitor, Malcolm Murray.

That means I now have overwhelming and irrefutable evidence of corruption by the five main protagonists in the malicious and vexatious defamation case against me.

This is unprecedented in the annals of NSW jurisprudence, and I intend to complain to numerous regulatory government departments that police local councils and their elected representatives (and including senior managers).

Ms Lidgard, this is never going to end, and I intend to continue to expose the above miscreants up until a time that they are fully investigated, charged for political malfeasance, and convicted for crimes against our community. Indeed, in compiling the evidence I have of long-term systemic corruption by the mayor and deputy mayor, I’ve uncovered further proof of their crimes against the community, and I’ve also received reports from members of the community that back up my serious allegations of systemic corruption.

Now’s the time to act, Ms Lidgard. Should you fail to initiate an investigation into the long-term systemic corruption, I intend to sue you for substantial damages and I welcome any threats of going to the police to complain about my threats, as well as your threat to report me to the Office of Local Government for threatening to sue you, and any threats of defamatory litigation for threatening to sue you for dereliction of duty due to unlawful conduct and behaviour.

Basically, you’re threatening to report me for exposing you for being corrupt and for not doing your job properly in accordance with the council’s charter. This is totally absurd.

Signed, Adam Greenwood

PS – Please find numerous attachments as part of my corroborating evidence.
Attachments
Duncan Gair 1.jpg
Duncan Gair 1.jpg (415.86 KiB) Viewed 725 times
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Duncan Gair 2.jpg.png (343.85 KiB) Viewed 725 times
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Re: Wingecarribee Shire Councilor Duncan Gair

Postby WingecarribeeCouncilCorruption » Sat Aug 31, 2019 2:11 am

Hi Bruce,

I’ve been informed by a third party that I was convicted in my absence of the matter Police v Adam Haig Greenwood, a case brought against me by the complainant and common criminal, Charlie Johns, and involving two corrupt police officers, Senior Sergeant Matt McCarthy and Senior Constable Susan Devlin.

Why hasn’t the court informed me anytime in the last ten days that I’ve been convicted in my absence, and why haven’t I been informed of the sentencing date?

I’ve recently emailed the presiding magistrate with evidence of long-term systemic corruption by the mayor and deputy mayor of our shire, while informing His Honour that Charlie Johns’s criminal complaint against me is part of a conspiracy by Johns, Gair and Turland in their attempt to silence my allegations of their political malfeasance. I also called upon His Honour to issue a stay of proceedings while a complaint I’ve lodged with ICAC regarding the councillor’s corruption is fully investigated and acted upon.

Have the emails I’ve sent to the magistrate been forwarded to His Honour?

I fully intend to make a seperate submission to ICAC and the Office of Local Government regarding the above matter, and I trust that all your offical actions regarding the malicious and vexatious criminal court action against me have been proper and above board.

Please let me know immediately when my sentencing will be, as I intend to make an application for a Section 32 of the Mental Health Act.

Cheers, Adam Greenwood

> On 16 Aug 2019, at 9:48 am, Local Court Moss Vale <local-court-moss-vale@justice.nsw.gov.au> wrote:
>
> Dear Mr Greenwood,
>
> Any application for the vacation of a hearing is to be lodged with the consent of the OIC/Prosecutor and "submitted in writing not less than 21 days before the hearing date OR, in the case of urgent circumstances arising after that time, as soon as practicable before the date of the hearing." I have attached a "Form 1" for your information.
>
> Any application for an adjournment will be heard on 19/8/19.
>
> Kind regards
>
>
> Bruce Bennett/ Deputy Registrar/ Moss Vale Local Court/ Courts,
> Tribunals & Service Delivery NSW Department of Communities and Justice
> Court House, 356 Argyle Street, Moss Vale NSW 2577
> Postal: P.O. Box 7, Moss Vale 2577
> Phone: 1300 679 272 Fax: 4869 7390
>
>
>
>
> -----Original Message-----
> From: Adam Greenwood [mailto:xmalamx@icloud.com]
> Sent: Wednesday, 14 August 2019 3:08 PM
> To: Local Court Moss Vale
> Subject: To the magistrate ...
>
> Your Honour,
>
> After suffering financial ruination due to a SLAPP lawsuit initiated by two corrupt councillors, Mayor Duncan Gair and Deputy Mayor Garry Turland (close friends and business associates of the common criminal, Charlie Johns, the complainant in my case), I have only just been able to engage legal representation for my defence as part of the malicious and fabricated criminal case against me – Police v Adam Haig Greenwood.
>
> My new legal team is Coutts Solicitors of Camden, and while this firm is eager to represent me in fighting such false and scurrilous charges, they are unable to be brought up to speed on such short notice, indeed, the solicitor assigned to represent me is not available on the 19 August, the hearing date, as she is committed to appointments she cannot break.
>
> Your Honour, I respectfully ask for an adjournment, and once again I base my request on my inalienable right for a fair trial, with respect to the principle of "equality of arms”, and which requires that all parties to a proceeding must have a reasonable opportunity of presenting their case under conditions that do not disadvantage them as against other parties to the proceedings.
>
> Your Honour, at present I am the victim of a vexatious civil court action by two criminal politicians, an action that’s an attempt to pervert the course of justice, and which is also an obstruction of justice, an abuse of power by elected officials, and a blatant attempt to silence a whistleblower.
>
> The criminal action against me is of the same nature, and it’s been initiated by the notorious common criminal, Charlie Johns, a person I’ve been complaining to police about for years, but someone who’s protected from investigation by corrupt elements at Southern Highlands Police Division.
>
> I humbly ask you for a continuance to properly defend myself against such palpable corruption, and I respectfully remind Your Honour, that if this court action goes ahead without giving me the chance to properly represent myself in defence, then the Local Court of NSW will be held in contempt, and will also be held up to ridicule by criminal elements in our community that seek to undermine the honesty and integrity of our justice system.
>
> Kind regards,
>
> Adam Greenwood

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Re: Wingecarribee Shire Councilor Duncan Gair

Postby WingecarribeeCouncilCorruption » Sat Sep 07, 2019 12:28 am

Attention – ICAC,

The response (below) from Ms Lidgard of the Wingecarribee Shire Council is corruption at its very worst.

While I’m in the process of preparing my defence for a malicious defamation action, one that was initiated by the mayor and deputy mayor, my access to minutes and agendas of council meetings has been curtailed (prior to 2015, and which are pivotal in assuring me a fair trial and due process). I’m now unable to source further evidence of council corruption unless I make a formal submission via a GIPA request.

Another corrupt aspect of the updated archival system is the fact that I’m in the process of submitting complaints to council, ICAC and the Office of Local Government, and it’s a convenient coincidence for the council to now make further research and investigation of council meeting minutes and agendas such a difficult task. I’ll literally have to GIPA individual documents, a slow and laborious task.

Due to my complaints process, and also regarding the malicious defamation action I’m having to defend, the council should make available all the archives of meeting minutes and agendas from 2009 to 2014, but because this council is so mired in long-term entrenched corruption, they’re gonna force me to only have access to archival documents via GIPA requests. This not only goes against the council’s charter, it’s also in contravention of council probity – accountability, transparency, and integrity.

If the council has indeed revamped the archival system to stymie my attempts of gathering further evidence of corruption and malfeasance, then the council is in contempt of the District Court, and it’s attempting to pervert the course of justice, and it’s also guilty of obstruction of justice.

I call upon ICAC to initiate an immediate investigation into council policies, procedures and probity, based on the overwhelming evidence I’ve provided the commission with regards to long-term systemic corruption at Wingecarribee Shire Council.

Regards, Adam Greenwood

PS In the last three weeks I’ve submitted two comprehensive complaints about Mayor Duncan Gair's serious Code of Conduct violations spanning 7 years and based on irrefutable documentary evidence. The council hasn’t even bothered to acknowledge my complaints, and based on its failure to address such damning allegations of councillor corruption, I believe they won’t act in addressing my claims (which is a common tactic of the council, and which has been, for many years, its modus operandi in dealing with complaints). But the moment I submit a complaint about what happened to the minutes and agenda archives, the Manager Governance responds to my grievances within 3 hours on the same day.


Begin forwarded message:

From: Danielle Lidgard <Danielle.Lidgard@wsc.nsw.gov.au>
Subject: RE: The Case of the Disappearing Minutes and Agendas of Council Meetings
Date: 5 September 2019 at 5:23:09 pm AEST
To: Adam Greenwood <xmalamx@icloud.com>
Cc: Ann Prendergast <Ann.Prendergast@wsc.nsw.gov.au>, Ken Halstead <Ken.Halstead@wsc.nsw.gov.au>, Peter Nelson <Peter.Nelson@wsc.nsw.gov.au>, Graham McLaughlin <Graham.McLaughlin@wsc.nsw.gov.au>, Grahame Andrews <Grahame.Andrews@wsc.nsw.gov.au>, Gordon Markwart <Gordon.Markwart@wsc.nsw.gov.au>, Ian Scandrett <Ian.Scandrett@wsc.nsw.gov.au>, Larry Whipper <Larry.Whipper@wsc.nsw.gov.au>

Dear Mr Greenwood

Council is preparing to transition to a new website and as such undertaking an audit of the website content. Archived agendas and minutes take up considerable storage and files prior to 2015 have been removed. This approach is consist with that of other councils, who include anywhere from 2-5 years of council meeting agendas and minutes on their website.

The Government Information (Public Access) Regulation 2009 (GIPA Regulation) requires Council to make certain open access information publicly available, free of charge and this includes Council meetings agendas and minutes. If you require access to an agenda or minutes prior to 2015 you can obtain these by completing an informal access to information application which is available at https://www.wsc.nsw.gov.au/uploads/471/ ... l-2017.pdf

Regards
Danielle


Danielle Lidgard Group Manager Corporate & Community
Wingecarribee Shire Council
e. danielle.lidgard@wsc.nsw.gov.au
t. (02) 4868 0874 m. 0408 691 396
Civic Centre, 68 Elizabeth St. Moss Vale, NSW 2577 | PO Box 141 Moss Vale NSW 2577

www.wsc.nsw.gov.au





From: Adam Greenwood <xmalamx@icloud.com>
Sent: Thursday, 5 September 2019 2:17 PM
To: Danielle Lidgard <Danielle.Lidgard@wsc.nsw.gov.au>
Cc: Ann Prendergast <Ann.Prendergast@wsc.nsw.gov.au>; Ken Halstead <Ken.Halstead@wsc.nsw.gov.au>; Peter Nelson <Peter.Nelson@wsc.nsw.gov.au>; Graham McLaughlin <Graham.McLaughlin@wsc.nsw.gov.au>; Grahame Andrews <Grahame.Andrews@wsc.nsw.gov.au>; Gordon Markwart <Gordon.Markwart@wsc.nsw.gov.au>; Ian Scandrett <Ian.Scandrett@wsc.nsw.gov.au>; Larry Whipper <Larry.Whipper@wsc.nsw.gov.au>
Subject: The Case of the Disappearing Minutes and Agendas of Council Meetings

Hi Ms Lidgard,

Can you please explain what’s happened to the archived minutes and agendas of council meetings prior to 2015 (see attachment)?

The fact the archives have been taken down from the website is highly irregular, as I’ve been utilising the minutes and agendas of ALL council meetings as part of my defence in the malicious and vexatious defamation case initiated against me by councillors’ Gair and Turland.

Has the council taken down the archives I refer to in an attempt to stymie my investigation and research into corrupt conduct and behaviour by Clr Gair and Clr Turland?

Such an action would constitute Obstruction of Justice and an Attempt to Pervert the Course of Justice. The penalty for such offences carry a maximum jail term of 14 years.

I would encourage the council to immediately reinstate all archived minutes and agendas from council meetings prior to the year 2015.

Failure to do so would be in violation of the council’s charter, as well as being in contravention of council probity - accountability, transparency and integrity.

I sincerely hope that when the archives are re-uploaded to the website, they will be the same in their entirety, as they were before they got taken down.

Signed, Adam Greenwood

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Re: Wingecarribee Shire Councilor Duncan Gair

Postby WingecarribeeCouncilCorruption » Wed Sep 11, 2019 12:44 am

Clr Markwart,

In March of 2018, I rang you at your home after finding your number in the phonebook. I told you who I was and how I was being maliciously and vexatiously sued for defamation by two of your colleagues, Duncan Gair and Garry Turland, after I called them out for corruption.

You replied that it had nothing to do with you because it happened before you were elected to council.

I corrected you by saying that it was still an ongoing matter, and I stated that I wanted to show you evidence of the councillors’ corruption.

You told me point blank – that you didn’t want to know about it and didn’t want to have anything to do with it.

I then pointed out that as an elected council official, you were obligated to acknowledge and address my credible reports of corruption, based on your sworn oath to uphold the probity of council while maintaining its zero tolerance towards corruption policy.

But before I could finish saying this, you hung up on me mid-sentence.

In October, 2018, you wrote a letter to the editor of the Southern Highland News and you made this remarkable statement (see attached).

“To my dismay, I’ve discovered some people in our community have a pathological dislike of council, of some staff and councillors in particular. Accusations of corruption, incompetence, nepotism, and such are shared among this ilk. Certainly this and worse has been said to me but I have seen evidence of none.”

Clr Markwart, you are a liar and a fraud, and not only have you brought the Wingecarribee Shire Council into disrepute, you are in clear violation of the Code of Conduct regulations governing councillor behaviour – you have blatantly deceived the community in the public forum.

I attempted to provide you with undeniable proof that Duncan Gair and Garry Turland were guilty of long-term systemic corruption, evidence of which is now coming to light, and which has been made available to Wingecarribee Shire Council and the Independent Commission Against Corruption.

In our phone call of March 2018, you demonstrably failed to address my serious accusations, and I call upon you to immediately stand down as a councillor pending a full and independent investigation into your failure to confront evidence of the corruption, and your failure to act upon it accordingly.

On 27 June, 2018, Clr Turland unlawfully directed councillors and senior managers to sign a statutory declaration regarding a matter totally unrelated to council business. The matter referred to a letter I'd written to Clr Turland’s wife, Heather, and which was private and confidential correspondence. Without my permission, and in an unlawful attempt to smear my name and character, Clr Turland forwarded the Heather Turland letter to all councillors and senior managers via email. This direct contact with councillors and staff is a serious offence, and it's in clear violation of Code of Conduct regulations governing councillor behaviour. Clr Turland then compounded his offence – constituting systemic corruption – by directing councillors and senior managers to sign a stat dec forbidding them to discuss the contents of the letter with anyone, and swearing them to secrecy with regards to the correspondence. This attempt by Clr Turland to cover-up serious and credible reports of his corruption is criminal in its intent. The fact that you, Clr Markwart, signed the stat dec makes you complicit in such criminal conduct, and I will be exposing you for corruption in the public domain, as well as informing The Greens hierarchy, both State and Federal.

The statutory declaration that Clr Turland coerced all councillors and senior managers into signing (except for Clr Scandrett) is an illegal document on a number of different levels –

According to the Local Government Act with regards to Code of Conduct regulations (updated at WSC in June, 2019), the following legislated rules apply –

Use and security of confidential information
• 8.10 You must maintain the integrity and security of confidential information in your possession, or for which you are responsible.
• 8.11 In addition to your general obligations relating to the use of council information, you must:
• a) only access confidential information that you have been authorised to access and only do so for the purposes of exercising your official functions
• b) protect confidential information
• c) only release confidential information if you have authority to do so
• d) only use confidential information for the purpose for which it is intended to be used
• e) not use confidential information gained through your official position for the purpose of securing a private benefit for yourself or for any other person
• f) not use confidential information with the intention to cause harm or detriment to the council or any other person or body
By directing councillors and senior management to sign an unlawful statutory declaration in an attempt cover-up serious allegations of his corruption, Clr Turland has violated Code of Conduct laws pertaining to councillors. The deputy mayor has shared private and confidential correspondence that he didn’t have the authority to release. I never gave Clr Turland permission to share the private letter I wrote Heather Turland with anyone, including councillors and senior managers. And by sharing my private correspondence with council officials, Clr Turland has intended to cause me harm and detriment in clear violation of the Act.

Use of council resources
• 8.13 You must use council resources ethically, effectively, efficiently and carefully in exercising your official functions, and must not use them for private purposes
At a council meeting on 10 October, 2018, and after Clr Turland had attempted to coerce Clr Scandrett into signing the unlawful statutory declaration 5 times over 5 council meetings after initially bringing the document to the council’s attention on 27 June, 2018, Clr McLaughlin made the following Dorothy Dix statement as part of General Business.

3. BUSINESS ARISING

Clr G McLaughlin advised that Clr Scandrett noted in Business Arising at the last meeting that the matter of signing the Statutory Declaration was at an end, and asked if Clr Scandrett had signed the Statutory Declaration, as he did not quite understand this.

Clr I M Scandrett asked why this was not raised in Business Arising. He advised that the Statutory Declaration was from Clr Turland relating to an email sent by Clr Turland to staff and councillors on official Council email but relates to a private matter that has nothing to do with Council.

Clr Markwart – the response from Clr Scandrett to Clr McLaughlin proves that Clr Turland’s conduct constitutes systemic corruption.

1. In open council, Clr Scandrett states for the record that Clr Turland has individually contacted staff and councillors via official email which is a serious Code of Conduct violation.
2. In open council, Clr Scandrett states for the record that Clr Turland has directed staff and councillors to sign a statutory declaration, which is a serious contravention of the Code of Conduct regulations governing councillor interactions with staff and fellow councillors.
3. In open council, Clr Clr Scandrett states for the record that Clr Turland has brought before council two private matters – the Heather Turland email and the Statutory Declaration – which is again a major Code of Conduct violation.

On 11 July, 2018, (and two weeks after Clr Turland had first directed Clr Scandrett to sign the Statutory Declaration), Clr Turland again pressured Clr Scandrett to sign the stat dec in open council, a direction that constitutes a serious Code of Conduct violation, given that the stat sec was an unlawful document to begin with.

On 25 July, 2018 (and at the meeting that followed), Clr Turland once again called on Clr Scandrett to sign the statutory declaration in open council, and by directing Clr Scandrett to sign an unlawful and unethical document, Clr Turland has committed the very serious offence of systematic corruption based on the ICAC Act of 1988. Such illegal action is also in contravention of the council’s charter, including the maintaining of council probity – accountability, transparency and integrity.

On 8 August, 2018 (and at the meeting that followed), Clr Turland directed Clr Scandrett by asking “Is (he) prepared to sign the statutory declaration?” As a further indication that Clr Scandrett was not prepared to address any private matter before council (that wasn’t council business), he declined to answer. Clr Turland’s ongoing and unwanted harassment of Clr Scandrett to sign what was an unlawful document constitutes further systemic corruption, and abuse of power by a councillor.

On 22 August, 2018, (and at the meeting that followed), Clr Turland continued to commit a serious Code of Conduct violation constituting systemic corruption by once again directing Clr Scandrett to sign the statutory declaration, by asking “Is he prepared to sign it now?” Clr Scandrett declined to answer and advised that "this is not the business of Council” (in a further attempt by Clr Scandrett to inform the council, councillors and senior management, that bringing private matters before council constitutes a Code of Conduct violation – which was promptly ignored by all officials present, a very serious offence).

On 12 September, 2018, (and at the meeting that followed), Clr Turland continued his harassment of Clr Scandrett with regards the signing of the statutory declaration with the following statement –

Clr G M Turland referred to Clr G M Turland referred to Business Arising on page 4 and advised that he had asked Clr Scandrett on three occasions to sign a Statutory Declaration that he [Clr Scandrett] had never provided personal and confidential information to the media and the general public. Clr Turland stated that it was the business of Council, and asked Clr Scandrett if he would sign the Statutory Declaration as he was the only one who had not signed it.

Clr Markwart – in open council, Clr Turland has admitted to committing very serious Code of Conduct violations which constitute systemic corruption –

1. Clr Turland has stated that “he had asked Clr Scandrett on three occasions to sign a statutory declaration”. The stat dec in question is an unlawful document concerning a private matter before council. By asking Clr Scandrett to sign a document that is in contravention of legislated Code of Conduct practises, Clr Turland is guilty of systemic corruption.
2. Clr Turland has stated that “the (stat dec) was the business of council”. By stating that the statutory declaration was the business of council (when, in fact, it wasn’t), Clr Turland has mislead the council, the councillors and the community, and this constitutes systemic corruption, compounded by Clr Turland’s repeated calls for Clr Scandrett to sign the stat dec at previous meetings in open council.
3. Clr Turland has then asked Clr Scandrett “if he would sign the statutory declaration as he was the only one who had not signed it”. Once again, Clr Turland has implicated himself with regards to the signing of an unlawful document. Clr Turland has confirmed that "everyone else has signed it" – meaning, all the councillors and senior management who were directed by Clr Turland to sign the stat dec in the first place, excluding Clr Scandrett. These admissions by Clr Turland constitute systemic corruption, and showcase his utmost contempt for legislated councillor Code of Conduct practises.

Clr Scandrett’s response to Clr Turland on 12 September once again reaffirms the fact that Clr Turland is acting unlawfully and in violation of strict Code of Conduct regulations –

Clr I M Scandrett advised that there was a continual pattern of questions to him about matters that were not the business of Council and that, in this particular case, the matter related to an email forwarded by Clr Turland and it was not a matter of Council. He stated that it was not a matter that he should be called out publicly on, as it related to a personal matter of Clr Turland. He asked if the matter could be brought out in the Minutes, and he stated again that it is not part of Council.

Clr Markwart, not only did you sign an unlawful document that was in clear violation of Wingecarribee Shire Council Code of Conduct regulations, you also propagated Clr Turland's systemic corruption by allowing the matter of the statutory declaration to come before council on 7 occasions, without once speaking out against its illegality.

Here’s an article by the Greens that stipulates its very strict policies regarding corruption at local councils – https://greensoncouncil.org.au/project/ ... -councils/

Clr Markwart, your failure to address my initial reports of corruption, and your complicit conduct in propagating corruption at council, means that you are in violation of your own party’s anti-corruption policies.

Once again, I call upon you to immediately stand down as a councillor pending an independent investigation into your conduct and behaviour as an elected official, one in which you swore an oath to uphold the probity of council, in that you would always act in the best interests of the shire.

I’d also like to let you know that I’ll be suing you for substantial damages as part of a civil action for your conduct and behaviour regarding the signing of the statutory declaration and its aftermath. You have committed a string of very serious offences, all of which constitute systemic corruption.

I must warn you, and based on the balance of probabilities, if I’m able to prove in civil court that you have acted unlawfully in your role, then you won’t be covered by the council’s public liability insurance, which only covers councillor conduct that fully complies with the council’s charter, the council’s zero tolerance to corruption policy, the council’s Code of Conduct regulations, and the maintaining of council probity – accountability, transparency and integrity. This will mean that any successful claims of damages I make against you for illegal behaviour, will have to be covered by you personally.

I therefore ask you to seriously consider what I’ve stated above, and I encourage you to act in accordance with the oath you swore when first elected as a councillor – to uphold council probity, and always perform your duties with the best interests of the Wingecarribee Shire in mind.

Please find a draft version of Clr Turland’s unlawful statutory declaration (attached).

Signed,

Adam Greenwood
Ph: 0409 871 763

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Re: Wingecarribee Shire Councilor Duncan Gair

Postby Admin » Wed Sep 11, 2019 12:55 am

Why isn't Councilor Duncan Gair and his mates in jail yet?

Oh that's right.. the zionist local and state government mafia and zionist wingecarribee council corruption, work hand in hand, covering each others backside.
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