EFFORTS by a Bathurst councillor to take out an apprehended violence order against a senior council official have backfired.
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Councillor Gordon Crisp yesterday withdrew his application for the order against council’s environmental planning and building services director David Shaw.
It proved to be an expensive exercise for Cr Crisp who also had to pay legal fees incurred by Mr Shaw, estimated to be around $10,000.
The case was mentioned in Bathurst Local Court in April before magistrate Thomas Hodgson who ordered the pair to take part in mediation at Bathurst Community Justice Centre.
It was the result of this mediation that Cr Crisp signed a document agreeing to withdraw the AVO and to pay Mr Shaw’s legal costs in defending the case.
The case had been due to be heard in the local court yesterday.
At the time of filing for the AVO, Cr Crisp said he instigated the action after Mr Shaw had spoken over the mayor to abuse him and call him a liar.
Mr Shaw was represented by Queens Counsel Glen Miller at the original hearing who stated his client would be strongly defending the case.
Yesterday Mr Shaw launched a scathing attack on Cr Crisp’s behaviour.
“Cr Crisp repeatedly makes false and baseless accusations using the council chamber as a coward’s castle,” he said.
“For the past 20 years he has repeatedly made vexatious complaints against council’s senior staff and fellow councillors.
“This is the first time a matter involving Cr Crisp has been taken into the public arena to be tested and he’s failed miserably. It is ludicrous that he took out the AVO in the first place.”
Mr Shaw said “the fact Cr Crisp withdrew the AVO before it was due to be heard and agreed to pay my legal costs fighting this allegation is an admission he was out or order”.
In a media statement yesterday, Cr Crisp stressed that proceedings during mediation were confidential and he intended to abide by that agreement.
Cr Crisp said he was only seeking an AVO until he retires from council on September 12 and that the application had nothing to do with his private life.
“Unfortunately, the legal system favours those who have large amounts of money and, in these circumstances, a millionaire will normally always be successful in an action against a pensioner,” he said.
When asked about the $10,000 legal bill, Cr Crisp said he intended to “stick to the undertakings that I gave [during conciliation] irrespective of what David Shaw does”. He said he did not regret commencing the AVO proceedings.