Election voided over ‘fraud' votes: court
Voters will be forced to return to the polls in Melbourne's outer suburbs after a local election was voided over concerns about fraudulently completed ballots.
The Victorian Civil and Administrative Tribunal sided with the state's election commission on Thursday in overturning the Whittlesea City Council's Lalor Ward result.
The VEC said staff had identified a 'high number of returns' in the Lalor Ward, of which 81 were ultimately deemed to be suspicious.
The final margin between Mr Kozmevski and the runner up candidate was just 39 votes.
In a statement, the VEC said it did not suggest Mr Kozmevski, or any other candidate, were involved in fraudulent activity.
Stevan Kozmevski, who was declared the winner of the October 2024 vote, will removed from the office of councillor effective immediately following the ruling by VCAT.
In her judgment, VCAT Vice President Judge English said she was satisfied electors were 'prevented from recording their votes effectively according to their own preference'.
Supporting Victorian Electoral Commission's position, she said 'there [had] not been the free and fair opportunity of electing the candidate which the majority might prefer'. Stevan Kozmevski was removed as Lalor Ward councillor. Credit: Supplied
A postal by-election will be organised by the commission at 'a suitable date'.
Acting Electoral Commissioner Dana Fleming said Victorians could be confident 'their vote is safe and will not be undermined by those seeking to do wrong'.
'To those who seek to subvert our electoral processes, there will be consequences to your actions. We will detect your efforts, and we will act,' she said.
The VEC had earlier referred allegations to police of suspected postal vote tampering in Whittlesea and Knox City Council Baird Ward, which is yet to be decided by VCAT.
In a statement, the City of Whittlesea said that it noted the results of the Tribunal and that Mr Kozmevski would be removed from the office of councillor immediately.
'Council thanks Mr Kozmevski for his service to the City of Whittlesea community over many years, across a number of Council terms,' the council said.
'Council is not responsible for holding local government elections, they are conducted by the VEC.'
Mr Kozmevski was first elected to the council as an ALP-endorsed candidate in 1997, according to the council's website.
He served two terms as mayor and 22 years in total on council.
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Sydney Morning Herald
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The Age
a day ago
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Kilkenny ultimately decided in favour of the community campaign, releasing a new draft plan for the Bass Coast this week that revokes expansion of the Cape Paterson boundary north of Seaward Drive. 'We can build more homes, while also protecting what makes our regions so special,' a state government spokesperson said. 'The Bass Coast is one of Victoria's most environmentally significant regions. This draft policy will help set a clear long-term plan that provides certainty to council, developers, and local communities about where more homes can be built while protecting the environment.' The consultation process received more than 1000 submissions, and the government said most of those supported tightening the boundary to protect the dune landscape and green space. Kilkenny's decision was made public at the same time as a conflicting report from the 2023 independent panel. That report, which had previously not been released, assessed one large area proposed to be subdivided north of Seaward Drive and found the boundary could remain. This was also the view of the planning minister at the time of the review. 'The committee supports the position of the proponent [planning minister] that the area defined for residential growth in Cape Paterson be upheld,' the report said. The report found further work to refine the boundary was 'unnecessary', that the boundaries were not a 'green light for urban development at any cost', and rules still required landscape character and environment to be considered in any development seeking approval. Bernard Collins, from development consultants Beveridge Williams, has been advising one group of prospective developers. He said their clients did everything asked of them as part of the process and had prepared the site so it was ready for future development and to become an established part of the town. 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Victorian executive director of the Property Council Cath Evans said the decision 'contradicts the evidence-based process that had been followed for more than a decade'. 'The sudden change not only undermines trust in long-term planning but also sets a concerning precedent for future developments,' she said. 'This could result in driving away further investment and development urgently needed to meet our state's ambitious housing targets.' A Bass Coast Shire Council spokesperson said an assessment had confirmed there was still enough supply to meet council's obligations for housing without needing the northern land.
