Lobby ban fails

By Shaun Inguanzo
A GREATER Dandenong councillor has failed in her court bid to restrain a Springvale resident from approaching her.
Lyndale Ward councillor Sue Walton told the court she felt threatened by the man who claimed he was only lobbying her to stop council funded weekend bus services.
The issue has prompted community debate over councillors’ roles and rights to safety.
Cr Walton said last week she was seeking an intervention order against Springvale man Hayden Robson because she felt threatened when he approached her in January.
She said she was alarmed when Mr Robson challenged her in Springvale Council Chambers car park over her decision to vote in favour of the bus services.
Mr Robson said last week he had been lobbying Cr Walton not to support the Weekend Bus Service which he said was costing ratepayers too much to run.
After her Dandenong Magistrates’ Court hearing on Monday (6 March) Cr Walton said the magistrate refused to hand down the order because there was no evidence to suggest Mr Robson had posed a serious threat to her safety.
Mr Robson, who did not attend the court hearing, said this week that he was happy with the decision.
He had previously stated he was only expressing his democratic right to voice his opinion.
“This woman was attempting to shut me up,” he said.
“I am relieved the judge has made this decision, and made the appropriate decision in my opinion.”
But Mr Robson warned the case could send a negative message to residents seeking to express their opinions to councillors, deterring them from pursuing their views.
“It means residents have to be careful – extremely careful,” he said.
Cr Walton this week defended her decision to proceed with the intervention order, despite having received a signed letter from Mr Robson promising to stay away from her.
“I don’t feel completely safe, and I don’t think justice has been served,” she said.
“Everyone has expressed disagreement or agreement to the decisions I have made, or haven’t made, and I understand that and respect that very highly.
“But what (Mr Robson) has done is none of that, and this is where I don’t accept it because his approach and his expression about this matter were not in the appropriate way.
“He was more or less trying to scare me. I don’t see him running after (other councillors) doing that.”
Dandenong Residents and Ratepayers Association (DRRA) president Jim Houlahan said it was disturbing to think that councillors could attempt to seek intervention orders on residents lobbying.
“I think it certainly sends a message out that some people don’t understand what is involved in being a councillor,” he said.
“You certainly have got to be in a position where you listen to people.
“Perhaps it sends a message of importance in understanding and accepting issues. You have to accept that not everybody is going to agree with you.”
MAV president and Monash councillor Geoff Lake said he wouldn’t comment on Cr Walton’s case, but in general, said councillors could be placed in compromising positions that posed threats to their safety, from both the public and fellow councillors.
“Such behaviour is completely inappropriate and unacceptable in any workplace, let alone people fulfilling their role as councillors on behalf of the community,” he said.
“The MAV supports any councillor who feels genuinely and physically threatened by any resident to seek legal redress from the issues.”
But Cr Lake said there were times when the system could be abused.
“Having said that, there have been occasions in the past where councillors have sought legal action, I guess, to achieve political objectives rather than genuine legal objectives, normally against a fellow councillor,” he said.
“Those instances, I think, through vexatious behaviour, really undermine and disregard what are serious and important mechanisms for victims of crime.”