A bid by ex-councillor Elise Chapman to force seven of her former colleagues to appear in court as part of an effort to clear her name following an adverse conduct panel finding has failed.
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The Victorian Civil and Administrative Tribunal yesterday also refused Ms Chapman’s request to summons a senior city executive, but an application to summons another council staffer was adjourned until December 15.
Ms Chapman told the court the senior council officer had “forced” her to add a disclaimer to her Twitter account which subsequently linked a tweet depicting children with mutilated genitals to her position on the council.
“He stood over me while he watched me put it on my Twitter account,” she said.
“They forced me to do something and then I'm found guilty for it.”
Appearing for the City of Greater Bendigo, barrister Eddy Gisonda argued for the adjournment, saying the matter should wait until Ms Chapman submitted a witness statement.
“It doesn't look like it’s relevant to the question of misconduct but it might be relevant to the question of penalty,” he said.
Ms Chapman also argued the tweet only became the subject of a complaint after city staff brought it to the attention of the media, saying “I had actually sent that tweet numerous times but nobody had heard about it”.
Her submission to the court stated the actions of the seven councillors and senior executive were motivated by discrimination based on her political views, but VCAT Judge Frances Millane said their intentions were irrelevant to the hearing’s purposes of determining whether the tweet breached the council’s code of conduct.
"Whoever hears this will not be dealing with procedural unfairness or the way you were treated by other people,” Judge Millane said.
“The only person's conduct we're inquiring into is yours.
“That's what you need to come to grips with.”
Ms Chapman’s application to summons the seven newly-elected councillors was also adjourned after current councillor Julie Hoskin interrupted the hearing to tell the court she believed she was a party to the proceedings.
Judge Millane told Cr Hoskin this was incorrect, but adjourned the matter to allow the city to prepare a formal submission on the matter.