Retiring Ararat mayor convicted

By Jordan Oliver
Updated November 2 2012 - 6:19pm, first published December 19 2011 - 10:10pm
Retiring Ararat Rural City mayor Andrea Marian.
Retiring Ararat Rural City mayor Andrea Marian.

THE retiring Ararat Rural City mayor Andrea Marian has been convicted on conflict of interest charges and is now ineligible to run for public office for seven years.Andrea Marian pleaded guilty at the Ararat Magistrates Court on Monday, where she was convicted and fined $10,000 for three breaches of the Local Government Act 1989.The court heard the breaches relate to an open council meeting on February 16, 2010, a closed assembly for councillors earlier that day and another open council meeting on May 18, 2010.Prosecuting Barrister Sebastian Reid told the court on the dates in question, Cr Marian was acting as a planning consultant on behalf of a client, Colin Prior, who was seeking to have his planning application approved by Ararat Rural City Council. Mr Reid explained on each occasion Cr Marian correctly declared she had a conflict of interest but failed to remove herself from the room while Mr Prior's application was being considered by council.It was also heard on one occasion, Cr Marian took herself from her councillor chair and sat in the public gallery, before making a verbal submission on her client's application. Later that council meeting, councillors unanimously approved Mr Prior's application.Mr Reid also told the court Cr Marian had written to council officers about the application on behalf of Mr Prior, but signed off as "Cr Andrea Marian".For Marian, barrister Peter Matthews said "everyone" understood the submissions made on behalf of Mr Prior were not as a councillor, but as a consultant.He said his client was a person of integrity and she had received advice that the steps she took to declare her conflict, but not leave the room, were "lawful procedure".He urged magistrate Richard Pithouse not to impose a conviction on his client, which would render her unable to stand for council under the Local Government Act.Mr Pithouse said Marian "knew the rules" and even sought to invoke part of the Act to allow her to speak on the planning application, despite her conflict."She has demonstrated a complete and utter lack of understanding of her duties," he said.In sentencing, Mr Pithouse said he was surprised jail was not available as a punishment, but said the charges were "significant".Cr Marian was convicted and fined an aggregate sum of $10,000.

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