August 11th, 2026And they’re back…cleared of all charges

Hepburn Shire’s five councillors and former CEO Bradley Thomas have been cleared of all criminal charges.

The councillors, Don Henderson, Tony Clark, Shirley Cornish, Pat Hockey and Lesley Hewitt, are now back at work.
A council media release said last week a representative of the Director of Public Prosecutions (DPP) attended the hearing of private criminal matters, brought against the six by a local resident and businessman, David Penman.
“The DPP took over all matters, and the charges have been dismissed. The DPP having reviewed all the evidence determined that there were insufficient grounds available to proceed with the prosecutions.
“Once the charges are formally withdrawn by His Honour Magistrate, councillors will be reinstated under section 228(5)(a) of the Local Government Act 2020.
“This is a great outcome for democracy and our community.”
Last Friday, Mayor Cr Tony Clark, pictured, said he was pleased to confirm that the councillors who were previously stood down had now been reinstated.
“We look forward to resuming council business and making the decisions needed to keep projects and initiatives moving forward.
“Following the Director of Public Prosecutions’ dismissal of the private criminal charges this week, there is no evident need for the Minister for Local Government to appoint an administrator.
“This normally applies when a council has fallen foul of its governance responsibilities, but our situation is unprecedented because council and the administration did nothing wrong.
“With councillors now returned and able to form a quorum at council meetings, governance is restored in Hepburn Shire under your elected representatives.
“I am disappointed that the Local Government Act 2020 did not afford councillors protection from such private prosecutions.
“The standing down of councillors in this way was an attack on democracy and governance in the local government sector. We look forward to amendments that protect against this type of action in the future.”
The Local believes that the councillors who were stood down will be paid retrospectively.
An ABC report said Mr Penman “was a little surprised” by the DPP stepping in.
“They [DPP] hadn’t been in contact. I thought the charges were particularly strong. But obviously, it’s politically sensitive.
“I’m not suggesting that played a role but had I elected to play my role in the [courts] then it would’ve been different.”
Mr Penman told the ABC he would accept the DPP’s decision.
“This is a democracy. I’ve always said the courts are where democracy plays out. [If] that’s the decision of the DPP, then I accept that.”
Cr Tim Drylie, in his July councillor column titled “When the system fails local democracy”, said individuals were responsible for their conduct.
“Governments and parliaments have a different responsibility. They must create laws that remain fair, proportionate and workable even when people are angry, persistent or determined to use every legal process available to them.
“Any Victorian council could be placed in the same position. Good government means accepting responsibility for the systems within its control.
“Hepburn’s community should not lose its democratic voice because those systems were not strong enough to protect it.”
Meanwhile former council CEO Bradley Thomas has been appointed chief commercial and financial officer on the Bendigo Kangan Institute’s executive team.
Its website says Bendigo Kangan Institute is the registered entity for four trading brands – Bendigo TAFE, Kangan Institute, eWorks, and VETASSESS.
Words: Donna Kelly | Images: Hepburn Shire Council