The gloves were certainly off in the second day of the VCAT
hearing to decide the Castlemaine pokies battle when it resumed in Melbourne.
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.
The matter is being heard by VCAT Deputy President Mark
Dwyer.
Two leaders from opposing camps gave evidence today and
barristers let fly with intense questioning of both witnesses.
Former president of
the Maryborough Highland Society (MHS) board, John Inglis took the stand and
he was followed later in the afternoon by EPIC president, David Stretch.
There were also a couple of well-known Castlemaine
identities called today including John Walter of Stoneman’s Bookroom in
Castlemaine; Alex Perry of The Good Table; and Chan Nyok, former president of
the East African Community in Castlemaine.
As mentioned, the hearing did get quite heated with
EPIC barrister, Susan Brennan accusing the MHS counsel of coaching witnesses
from across the bar table.
Mr Brennan asked Mr Dwyer to direct counsel for the Society
to not interfere with witnesses after “consistent attempts to influence witnesses”.
“Over the course of the last two days we have seen counsel
visibly disagreeing with something a witness has said, mouthing `not right’ and
giving signals like winking at witnesses,” Ms Brennan said.
“It is wholly inappropriate to coach witnesses and
it prejudices the integrity of evidence they are able to give.”Ms Brennan said she would be opposing the re-examination of any witnesses that she was referring to in her complaint.
Victorian Commission for Gambling Regulation barrister Liam Brown said he had
observed instances of what Ms Brennan was referring to but added he was not
aware of a motive.
MHS barrister Peter Caillard vehemently denied the
allegations.
“I deny it toally. I deny that any signal was given to any
witnesses. I did not do it and I would not do it,” Mr Caillard said.
Ms Brennan then said she was referring to Mr Caillard’s
co-counsel, who is solicitor Margaret Kearney.Ms Kearney did not respond, nor was she asked to do so.
Mr Dwyer said the matter had been raised and that “everyone
needs to watch their conduct at the bar table”. The hearing proceeded.
During his evidence, Mr Inglis did not hold back alleging there
was “an extremist sort of element" in EPIC and that the group had run a `very
aggressive' campaign against MHS.
“EPIC supporters have also attacked the Society by taking adverts
in the Maryborough paper and we have had no reaction whatsoever!” Mr Inglis
said.
He said people had told MHS that they had been verbally
abused in the main street, had received threatening phone calls and felt
intimidated by EPIC members.
Mr Inglis said EPIC members "took over" a public meeting called by
MHS. He said the meeting was called to give the people of Castlemaine some information about the MHS’ proposal
but “EPIC members dominated the microphone”.
EPIC president David Stretch addressed some of Mr Inglis’ allegations when
giving evidence later in the afternoon.
Mr Inglis also highlighted the income of the Cumberland
Hotel, which has 30 poker machines, and is presently the only poker machine venue in Castlemaine.
“It seems that they have become forgotten in all of this,”
he said. “The Cumberland Hotel has been generating $106,000 per machine, per
annum, for the past 15 years and I am not aware of any opposition to this
profitable organisation run by a group of private business people.”
He said the silence towards the Cumberland was in direct
contrast to the opposition that MHS as a not-for-profit organisation had
experienced for wanting to put the money back into Castlemaine.
Mr Inglis also announced at the hearing that the Kyneton Bowling
Club had won back-to-back awards at the 2012 Clubs Victoria Achievement Awards
for `Bowls Club of the Year’.
He said it never would have happened if MHS had not bailed
the Kyneton club out after members found themselves “locked out of their club,
in the hands of the receivers and dead in the water” a few years ago.
Mr Inglis said the Maryborough Highland Society had also won
the a major award for the second consecutive year for the Best Club and
Entertainment Venue in Victoria.
MHS barrister Mr Caillard then asked him the $64,000
question: "Why did MHS want to open a venue in Castlemaine?"
“We have been looking for a couple of years for an
investment option and had even thought of buying a motel but we looked at the
Castlemaine community – it is nearby and seems to have very close links with
our town (Maryborough) – the only time there is any unrest is when the football
teams meet.”Mr Inglis said the MHS demographic showed many in its membership base were in the 70-75 age group and “if we are continue to survive we need to do something”.
VCGR barrister Liam Brown asked how the MHS was going to
boost its numbers if The Club was a totally separate entity to the MHS club?
“There is the incredible amount of goodwill that MHS is offering in Castlemaine
and when people enjoy the new club and see the improvements to their sporting
facilities in the town – well, people won’t forget that.”
Mr Inglis said there would also be a reciprocal membership relationship put in place between
MHS and The Club.
He said the MHS members had been told (verbally) of the
board’s plans to mortgage the MHS asset to finance the Castlemaine venture but
the matter would not put to a vote until after the VCAT decision.
Mr Inglis also confirmed MHS had purchased the 65 EGM
entitlements that it hopes to use in Castlemaine for between $500 and $600 each,
which was “the lowest price paid anywhere in Victoria at the auction”.
He confirmed that if the Castlemaine project did not go
ahead the MHS would have to wear the cost of the machines.
“We thought it as a pretty good option – it’s a commercial
risk, it’s necessary.”
Mr Inglis also told
the hearing the Castlmeinae project was loosely based on the Horsham Sports
Club model, which is completely different to Maryborough and Kyneton.
Panel member and VCAT Deputy President Mark Dwyer said
he was trying to work out the real lines of autonomy between the MHS and The
Club.
“Are you thinking Castlemaine could end up being run like
Kyneton?” Mr Dwyer said.
Mr Inglis said: “No. We (MHS) will be managing the
day-to-day operations but board of the Castlemaine Club will be making the
final decisions.”
A further report on Tuesday’s hearing, including EPIC president,
David Stretch’s evidence, will be posted ASAP tomorrow.
