Justice Keogh found in favour of the plaintiff, Chief Municipal Inspector David Wolf, and made orders that Mr Zakula comply by Tuesday, April 16, 2019 with the original notices served on him by the Local Government Inspectorate, which included the requirement that he appear and answer questions related to a current investigation.
The notices were served as part of an investigation into the improper use of information from the South Gippsland Shire Council, allegedly by Cr Andrew McEwen whose Meeniyan home was raided by police in May last year as part of the Inspectorate’s probe.
According to a statement by the Inspectorate today, Mr Zakula allegedly refused to comply with the notices in March 2018, that he submit to questioning under oath, and the matter was heard in the Supreme Court in September 2018, with the judgment handed down today.
Mr Zakula was also ordered to pay legal costs.
Chief Municipal Inspector David Wolf said: “The finding and orders of the court allow this serious investigation to proceed to its conclusion. The Inspectorate will inform the community of the outcomes of the investigation in the interests of transparency.”
The Inspectorate also noted: “As the investigation is still ongoing, no further comment can be made at this time.”
A person may be required to appear for a formal examination before the Chief Municipal Inspector or his delegate under oath to answer questions, as set out in the Local Government Act section 223B(2)(c). The Supreme Court decision on April 3, 2019 was made in accordance with section 223C(3)(a).
Photo: Cr Andrew McEwen has maintained he did nothing wrong, also that the information in question, an email from the shire CEO Tim Tamlin containing legal information about the windfarm noise complaints was not confidential.