Castlemaine pokies fight - VCAT day 1

Mount Alexander Shire councillor Tracey Cross has been subpoenaed to appear before the VCAT hearing on the Castlemaine pokies battle in Melbourne.

The five-day hearing kicked off today (Monday, August 20) and it is understood Cr Cross has not been called in her capacity as a councillor but as a local resident/business person.

Mount Alexander Shire Council is appealing the Victorian Commission for Gambling Regulation's (VCGR) decision earlier this year to grant Maryborough Highland Society(MHS)  a licence to open a club, complete with 65 poker machines, in the old railway goods shed, in Kennedy Street, Castlemaine

About 50 people packed the gallery of today’s hearing with council officers and Enough Pokies in Castlemaine (EPIC) supporters setting up camp on the left-hand-side of the room and MHS and Castlemaine Sports and Community Club (The Club) filling up the other side.

The matter is being heard by VCAT Deputy President Mark Dwyer.

There were several developments in the morning session with Mr Dwyer questioning the relationship between The Club and Maryborough Highland Society.

The Club’s representative on the bar, Bill Jeffries, was listed as a lay witness and then turned up as group’s advocate at the hearing.

After a short discussion, MHS barrister Peter Caillard said he would act on behalf of both groups at the hearing and Mr Jeffries withdrew himself as an advocate and took a seat in the gallery.

Mr Caillard surprised a few people by calling for EPIC’s legal representatives (Maurice and Blackburn are acting pro-bono for the group) to withdraw from the bar table because EPIC had not been joined to the hearing and had filed numerous documents of evidence after the deadline.

He argued that EPIC should be restricted to only giving evidence at the VCAT hearing, similar to its role at the VCGR hearing.

But Deputy President Mr Dwyer was not convinced and after hearing from EPIC’s legal representative Susan Brennan and council’s barrister John Rantino, he ruled EPIC’s legal team could sit at the bar table.

“EPIC does have a role to play in the proceeding and should sit at the bar table – it would be somewhat petty to deny that,” Mr Dwyer said.

But he ruled EPIC’s legal team could not cross-examine witnesses; however, it can ask a question through the chair and Mr Dwyer will consider those questions in due course.

During the morning, concern was raised on several occasions about whether the hearing could actually be completed in the five days, given the amount of evidence that has to be heard.

“The chances of finishing it are remote but not impossible,” Mr Dwyer said.

He said that if the hearing was not completed this week, the matter would have to wait until November to be re-opened.

The VCGR’s legal representative Liam Brown then gave an overview of the Commission’s role and reasons for its decision to grant a licence to the MHS on February 3.

“The Commission believes it made the correct decision,” Mr Brown said. “The Commission agreed the premises themselves were (physically) suitable for gaming machines and that the net social and economic impact would not be detrimental.”

Mr Brown said gambling on electronic gaming machines was not illegal but it was accepted that it caused harm to some as members of the community.

“The tribunal will hear much evidence about the positive and detrimental impacts – the tribunal needs to come out with a balanced net impact on the well-being of the community.”

Barrister John Rantino for council gave his opening submission and questioned how much weight should be given to the VCGR’s decision to grant a licence to MHS.

Mr Rantino said he would be presenting material that was “significantly different” to the material that was presented to the Commission.

“For example, this is the first application that I am aware of to come to VCAT that involves the conversion of a long-standing public asset to a gaming venue.

“The building’s prominence and location in the community, and its relationship to where people go about their daily activity (at Castlemaine railway station) are all relevant to the social and economic impact.”

Mr Rantino also pointed out that it was one of the largest applications for a gaming licence (for 65 machines) that he had heard of in recent times.

He said there were several question marks over MHS’s $200,000 contribution to the community, and that he would be highlighting the change in the manner in which the premises would be operated.

This involves putting the new role of The Club under the spotlight.

Mr Rantino said The Club was previously only a committee but now it's an incorporated body and a separate legal entity that would take over all the entitlements of the venue leaving MHS only to manage the operation.

Late in the day, expert witness on gaming policy Bonnie Rosan took to the stand and spoke about the negative impacts of the proposed venue on the Castlemaine community.

“My conclusion is that it will be detrimental to the well-being of the community,” she said.

Ms Rosan said the extra 65 machines would create more expenditure on gaming in the town and most likely an increase in problem gambling.

“Research shows that those who can least afford to lose money on EGMs are most likely to be problem gamblers.”

Mr Caillard cross examined and questioned Ms Rosan’s ability to draw conclusions about the economic impact of the venue on the town when she admitted it was not within her expertise.

He also questioned her impartiality.

Ms Rosan had tendered some supporting photographs of nearby buildings to the proposed venue as part of her evidence and it was photograph `K’ that caused Mr Caillard to laugh out loud at the hearing.

The witness said the photograph depicted one of the houses across the road from the proposed venue but it actually turned out to be across the railway track, across the creek and it just happened to have a `No More Pokies’ sign in the front window.

Ms Rosen faces another two hours of cross-examination on Tuesday morning.

After the hearing finished for the day, Mount Alexander Shire CEO Phil Rowland said there had been no real surprises.

“It was day one of a long exercise,” he said. “From council’s point of view, I think the issues are quite clear and we have every confidence in Mr Rantino.”

EPIC member, David Stretch said day one was “all good cut and thrust".

“It’s great that EPIC has legal representation at the bar table and we are looking forward to submitting evidence.”

A member of The Club, Ian Braybrook said it was “a good turn-up from Castlemaine”.

“Both sides were very well behaved and there was no animosity between anyone from either side,” he said.

The hearing continues on Tuesday.