BRIDGETOWN-Greenbushes local government elections have been marred by allegations of dirty tricks campaigning.
During the election a complaint against then incumbent councillor and candidate Michael Southwell was lodged with the returning officer, Liz Doust.
Mr Southwell was disturbed by the lodgement of the complaint and said he believed its leaking to the local news media impacted upon the election outcome.
Mr Southwell said he was surprised he was being denied the opportunity by the WA Electoral Commission (WAEC) to disprove the allegations and inherently prove the malice by the councillor(s) who lodged the complaint.
He said he was stunned he had never been allowed to read the letter of complaint, nor had he been told the name(s) of the councillor(s) who lodged the complaint.
"(Mrs Doust) sent me a letter stating an advertisement I had placed in a newspaper was in breach of the Electoral Act and asked me to ensure future material did not breach the act,” he said.
“No reference was made in this letter of any complaint."
Mr Southwell said he did not commit any electoral breach and that the advertisement in another newspaper was not material that could be attributed to his candidacy, and that in fact he placed the advertisement prior to the commencement of nominations - he was not a candidate at the time.
He said the basis of the advertisement was to encourage more residents to consider nominating for local council.
"I have not seen any of the complaints said to have been made against me," he said.
Mr Southwell said he had contacted the WAEC and corresponded with commissioner Warwick Gately.
However, Mr Gately dismissed any need to convene a process to consider the complaint and confirmed returning officer Mrs Doust had addressed the complaint's issues.
"In relation to the newspaper advertisement by Mr Southwell the Local Government Act 1995 understands electioneering or the want to influence the outcome of an election as including the lead up period to nominations,” WAEC deputy commissioner Christopher Avent said.
“If you have an intention to be a candidate you need to ensure you have authorised any election material.
“It also does not matter whether you are a candidate or not, all election material, even in the lead up period, needs to be authorised."
Mr Avent said Mrs Doust, under the Local Government Act, was not required to disclose the complainant to the respondent unless she saw a value in doing this.
"The returning officer, under the act, has considerable power, and is allowed to make decisions, supported by the act, in the best interests of all parties," he said.
"Complainants are entitled to request anonymity, and institutions such as the Corruption and Crimes Commission, the Office of the Attorney-General and others, not just us, can provide anonymity."
Mr Southwell said that the complainant(s) had been provided with anonymity, however they ensured they leaked to local news media that a formal complaint had been lodged.
"I wrote to Mr Gately and told him (news) articles had appeared referring to complaints against me, yet I had been given no opportunity to respond because the allegations were not put to me,” he said.
“Mr Gately rejected my complaint and endorsed the conduct of the returning officer.
"The reporting of anonymous allegations that I had breached the Electoral Act was defamatory of me and of course harmed my chances of being re-elected."
Mr Avent did not comment on the allegation the complainant(s) leaked the story to the local news media.
"The WAEC receives various complaints during local government elections and we try to best address them,” he said.
“None of the recent complaints received have finished up in disqualifying anyone - our returning officers have worked to remedy issues.
“In terms of defamation the act does not support extensive powers for us to investigate allegations of this nature, of who said what about whom, and well these types of allegations may have to finish up in Court, not with us.”
Mr Avent said the Local Government Act might need to be amended in terms of election complaints processes and powers to better understand and deal with allegations of defamation.
He said the act needed to be updated to incorporate recent court cases and other actions and their precedents.
Mr Southwell said the inconsistencies in the Local Government Electoral Act were open to abuse.
"This shows how easy it is for cowards to sling mud and have it stick long enough to affect an election campaign,” he said.
“It is disappointing the returning officer and the newspaper(s) were involved.
“For there to be no outcome, no opportunity for me to deny the allegations and clear my name and no follow-up by anyone is obviously disappointing.
"The basic principles to natural justice are to be able to know your accusers, to face your accusers, to have the right to speak to your innocence and I have been denied all of this."
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