Alpine election hearing suspended

Mario Vaccaro is presenting a very strong case to have the election result declared void.

Over 300 votes not collected

Magistrate wants more details from VEC and to hear from more witnesses

Today’s hearing on the 2008 Alpine Council election was suspended until Monday 6th April to allow the Magistrate presiding over the Municipal Electoral Tribunal to hear first-hand evidence from former councillor Bill Best, and any other relevant information, before a decision is made on the validity of the result.

The hearing was called following an application made by defeated former councillor Mario Vaccaro, who claimed that “about 150″ votes were wrongly excluded from the count by the Victorian Electoral Commission’s (VEC) refusal/failure to put arrangements in place for the timely retrieval of ballots held at Post Offices in Myrtleford, Mt Beauty & other areas before the closing time of 6 pm on Friday 28th November, while putting arrangements in place to collect ballots delivered by hand to the town of Bright up to the very close of voting.

Under questioning from the Magistrate, the VEC admitted that “approx 305″ ballots were received by mail at the Wangaratta office on the Monday AFTER the close of voting & counting, meaning the result may have been substantially different had those ballots been retrieved (as requested) and included in the count.

The hearing was originally scheduled for a “two hour duration” but after about 4 hours of evidence today without resolution, the Magistrate extended the hearing to next week, primarily so that former councillor Best, who did not contest the election but who had submitted an affidavit to the effect that, in previous elections, ballots WERE collected from Post Offices on the final day of voting, may give his evidence in person.

Solicitors representing the VEC had attempted to have Mr Best’s statement disregarded on the grounds he was not present, however, Mr Vaccaro argued that the VEC had given insufficient notice that they wished to cross-examine him and/or challenge his evidence. The Magistrate agreed and suspended the hearing.

I am informed by Mr Vaccaro that Mr Best will attend the hearing next week and will confirm his evidence (and opinion as a two-term councillor) that the ballots should have been retrieved – and the votes included - as part of the normal process of conducting elections in the Alpine Shire. 

Mr Vaccaro also relayed his ‘thoughts’ on how the matter was proceeding, however, asked not to be quoted as he does not wish to pre-empt or undermine the judicial process. He may seek to have further evidence and/or witnesses called when the hearing continues.

Comment: It’s very much in the balance, in my opinion.