Former Bathurst mayor Robert Bourke sentenced in relation to blackmail letter

In sentencing Bourke on Friday, November 10, NSW District Court Judge Penny Musgrave said the consequences of his actions have resulted in "a fall from grace, from which he is unlikely to recover".

Bourke was sentenced on Friday having been found guilty of misconduct in public office earlier this year.

In addition to his 18 months' imprisonment, to be served as an intensive correction order within the community, he was also ordered to undertake 120 hours community service.

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In May this year a jury found the 68-year-old guilty of misconduct in public office after a week-long trial in Orange District Court.

The trial heard Councillor Jacqueline Rudge received an anonymous letter at her home, directing her to resign or her history of mental illness would be publicly revealed.

The jury accepted the crown case that Bourke and his longtime friend and campaign manager Darryl Leahey were part of a joint criminal enterprise to blackmail her.

Bourke maintained he was unaware of the letter's contents, as Leahey had typed it out.

But he did admit arranging for a volunteer at the community op-shop he operated to buy an envelope, then asked another worker to address it to Mrs Rudge and send it.

Judge Musgrave said though Bourke may not have known the precise terms of the letter, his actions to distance himself from its delivery proved he knew it was wrong.

She said Bourke "failed miserably" in maintaining the standards of honesty and integrity expected in his position as mayor.

"Mr Bourke's role in sending this letter fell far short of these principles," she said.

The court heard Bourke expressed some regret for the impact on Ms Rudge but seemed to maintain a view it was all part of politics and she should "get over it".

"This attitude is not suggestive that the offender appreciates the gravity of his actions and the depth of his dereliction of his public duty," Judge Musgrave said.

Bourke was unlikely to reoffend and had good prospects of rehabilitation, she added.

He will serve his sentence as an intensive corrections order and must complete 120 hours of community service.

"It is appropriate to make such an order so the offender can further pay back to the community he failed," the judge said.

She said the correction order was subject to the usual standard conditions which included not to commit any offences while subject to the order and accept supervision by a community corrections officer.

The 120-hour community service work also came with conditions.

Bourke must not undertake work in an organisation in which he has or has had a managerial, supervisory or organisational role. He is also not to associate with Darrel Leahy while performing the community service work and is not to visit or frequent the Bathurst Community Op Shop or any business owned, operated or connected with Darrel Leahy when performing community service work.

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