Conduct report called a sham, riddled with errors

Yesterday's sitting of Cairns Regional Council will go down as an historic occasion. It will long be remembered by those present, and the minutes will record it in posterity.

But it will be for all the wrong reasons.

Yesterday, the Council dealt with a Code of Conduct case against Councillor Diane Forsyth. It turned out to be nothing more than a group of Councillors mounting a vengeful political and personal assault on another Councillor of a different political persuasion.

The Conduct inquiry masqueraded as upholding Councillor's ethical standards, but as observers will see, it did nothing of the sort.

It also calls into question the role played by the Council CEO, Noel Briggs, and the way the investigation of Councillor Forsyth was conducted.

It was an appalling charade that aimed to silence Forsyth and discredit the Yacht Club-climbing politician, who clearly acted on an issue that the same Council failed to deal with following its own resolution to engage in talks with the Premier.

The CEO failed to carry out the resolution of the Council to get the Mayor and Premier together, and halt the planned demolition of the historic waterfront Yacht Club building.

Noel Briggs, instead of supporting his Councillors with sound advice and the voice of a mentor, as our most experienced public servant, appears to have acted in a way that demonstrates he had pre-judged Cr Forsyth and had embarked on a course of action himself, designed to silence and discredit her.

On Monday October 13th, a hastily-called press conference was held, just two hours after Councillor Forsyth scaled the building in protest. The Mayor did not take part. Confusion reins to this day why she didn't get to it. It was a mixture of other priorities and the plain embarrassment of talking publicly against the Mayor's own Cairns 1st Councillor. There was also the pressure from the Labour party for Val to remain silent on the issue of protecting the old Yacht Club building, as it was a State-sanctioned Labor decision to clear the site.

The October 13th media conference was the beginnings of what was to become a long-drawn out, kangaroo court. The CEO set himself up to be a self-appointed judge and jury. Instead, his comments to the media that morning,, and his anger condem him rather than Cr Forsyth.

"Let me make this perfectly clear, Councillor Forsyth was not representing the Cairns Regional Council. I want to make that perfectly clear," he told the media.

Yet he spent the next five months conducting a shameful and incompetent inquiry - carried out by political mates on the Tablelands - in an attempt to prove that Councillor Forsyth was in fact acting in her capacity as a Councillor that morning.

Briggs needed to prove this, so a breach of the Code of Conduct could be found.

"No, I have received no complaint, but if one were to come forward, I will investigate it," Briggs told the 11am media briefing, as a clear invitation.

This single ill-thought through media event was, on the morning of 13th October 2008, the beginning of a litany of unprofessional and politically-motivated actions, directed from the CEO's war-room.

It was sanctioned and had the support of the Deputy Mayor, who helped dig out the complainant, needed to kick-start a Code of Conduct enquiry. As quickly as the next day, former Holloways Beach Harcourts owner, Niki Johnston, along with her partner, local artist Robin, fired off their email complaint to the CEO. The Johnston's have supported Cochrane's election camapigns.

"Councillor Forsyth's behaviour exceeded the bounds of both professional and responsible ethical standards to her position as an elected representative of this city," Johnston wrote. The words were spoon-fed to Johnston, and her partner, who has a history of writing unsigned negative letters to Council, asking for Val Schier's resignation.

Only two other complaints came forward. One was anonymous, refusing to be interviewed, nor identified.

The third was from the Port Authority's own demolition contractor, Martin Anton. He cited $1,500 costs as damages sought. "She shamelessly put her personal interests before those of Council or the general public interest," Anton said. "This is a blatant breach of the Code of Conduct for Councillors." Evidently, our city's most famous building-wrecker knows local government rules and regulations inside out and feels he is competent enough to dish out advice across this complex field.

A month or so later, Briggs commissioned his former Mareeba Council mate, Colin McDowall, a Mareeba accountant and Returning Officer for the seat of Cook, to investigate the compliants and report back.

It's clear that McDowall's brief from Briggs was to construct a damming, biased and one-sided outcome. Inevitably, the report found no less than six breaches of the Code of Conduct, however it was flawed from the outset. As a measuring stick, he used an outdated Code of Conduct. The report was leaked, and embarrassed those behind it, including its author, as it exposed its real motivations.

I happily release this report publicly today. Few have seen this document, and when you read it, you will see why it was a sham report, and all those behind it should be ashamed. You can download Colin McDowall's report here.

Forsyth was angry and disturbed at the tone of the report and its unprofessional nature, and that she was not given any fair or proper hearing.

Briggs soon learnt that he had to discredit the report in its entirety, and even the Mayor said that it would "never be seen again." A second report was then promised on the Forsyth incident, but rather than a new report, only a review of the initial report was produced. The review was written by a firm called Far North Investigations, headed by a Tony Walsh. The review was produced just hours before yesterday's sitting of Council.

No Councillor was to see this second report or review, until Cairns Post journalist Thomas Chamberlin asked the CEO on Tuesday afternoon how were Councillors able to make a decision without seeing the review. Bryan Law then sent out an email to all Councillors at 2pm, demanding the CEO provide the report to every Councillor, as a matter of urgency.

I also called for the release of the documentation on Wednesday morning. The CEO hurriedly copied the document, which one Councillor informed me was "only typed up in the last 24 hours on a Council computer."

You can download the first five pages of the 32-page $3,548 'report' - that's $236 an hour. I will provide the rest later.

In an astonishing revelation, 'Far North Investigations' recommended that none of their documents be given any public release, and went so far to say that Councillor Forsyth should also not see them.

"We would suggest that a letter from the Mayor or CEO detailing the investigation findings would be sufficient to convey the outcome to Cr Forsyth."

They also made reference to the unauthorised release of the first report.

"The previous report was provided to Cr Forsyth and this led to it becoming available to certain individuals who have proceeded to subject the report and the investigative process to scrutiny and ridicule.

God forbid, the public should scrutinise such a report! It deserved all the ridicule it got. Following today's release, I dare say there'll be a lot more.

And the majority of Council followed like vengeful sheep to try record a breach of the Councillors' Code. Yet at the meeting there was utter confusion as to which Code they were referring to.

A new Code of Conduct was adopted in May 2008, however both the original McDowall report and the FNI review based their findings on an earlier February 2008 Code, which forbids specific actions of public protest when it seems clear that the Councillor could be representing the Council. The amended version, allows such freedom of expression, making yesterday's ruling 'a sham', as Councillor Leu said.

Furthermore, the Local Government Act does not define/limit the time when a Councillor is on duty. The Code of Conduct applies to Councillors only in the performance of their duties – when he or she is engaged in business or activities relating to Council business.

A Local Government law expert told CairnsBlog that the sit in protest on the Yacht Club building was in relation to a State Government decision - a failure of the State Government to acknowledge or recognise a community petition of 11,000 signatures, asking for the Cairns Yacht Club to be saved.

"I don't remember ethical principle breaches being investigated when a former Mayor Kevin Byrne, not on Council business, dressed himself up as Arafat - days after his death - and caused a commotion and terrible embarrassment for the Council and himself,"

Only Councillors Leu, Lesina and Pyne said there was no breach to answer for. There's more to tell in this saga, but there's enough for the average bear to consume in this sitting.

After the CEO returned to his Level 3 office following yesterday's meeting, some Councillor shared their displeasure with Briggs over the way in which the Conduct enquiry was handled, and how it has discredited the Council.

Some Councilliors told me he fucked up on this one.

I think he did indeed.

Councillor Forsyth found guilty, reply granted

Cairns Regional Council's Finance and Administration committee, this morning found Councillor Diane Forsyth had committed a minor breach of Council's Code of Conduct.

Deputy Mayor Margaret Cochrane moved that no further action be taken, and that the breach simply be noted. Forsyth will not be suspended from any Council meetings, but asked to present a written response to the next full Council meeting.

Councillors Leu, Pyne and Lesina voted against the resolution.

There was much confusion about what Code of Conduct was being used as the basis of the two reports. Now clear answer was given however the CEO said that after seeking legal advice, the reports findings would not be any different. Councillor Leu told the meeting the Council had a different Code and called the CEO's report a sham.

A full analysis, with details of the second report commissioned by Council CEO Noel Briggs, will be published later today on CairnsBlog.

Why should we give you this job again, Desley

Desly's getting a make-over. And this time, it's no reality show, it's serious.

"I’m giving Desley a tiara saying 'Yacht Club'," says resident Bryan Law who wants to hold the Cairns MP and State Tourism Minister to account for her actions in not listening to the people over the last three years.

Incumbent politicians don't like public meetings prior to an election, which provides opportunity for questions and MPs to stand up and talk on their achievements. You will see there's hardly any community meetings organised before the March 21st poll.

During the community campaign to save the historic Cairns Yacht Club building last year, the Cairns MP did not attend any of the meetings or public rallys, despite being invited. Instead, Desley Boyle decided to battle out the awkward subject from her Spence Street office bunker and hide behind constructed press releases and letters to the newspapers.

Bryan Law, who has supported Desley for over 10 years, says it's time to hold our local MPs to account, so they can stand on their record.

"Why should we give you this job again, Desley?" Bryan Law asks.

"Sadly Labor have now become responsibility and debate avoiders," he says. "She's failed the community," Bryan says of Desley Boyle.

Boyle promised that the Yacht Club building would be relocated and reconstructed by September this year, prior to the election. Only some scant remains were relocated.

"We could have then judged this MP and voted accordingly if they had gone full term on this issue," Bryan says. "However they have gone to this election six months early, desperate for another three years, and not done what they said they would do. They don't deserve our support."

Law says he was at first offended by the visual pollution of all the election signs around Cairns. "Rather than tell us about a candidate's achievements or policies we just get a photo and a name."

Desley Boyle's team of supporters have installed around 1000 election corfluttes, around the streets of the CBD, including the Southern highway and virtually every suburban street.

You have to question when an incumbent politician needs to put such a mass of signage out. They are either concerned about being re-elected, or they don't have much record to stand up and be remembered for.

"After a while I started to notice how ordinary citizens were adding information to the signs. moustaches, eye-patches, swastikas, black eyes etc," Bryan Law says. "I realised that candidates were actually offering us these signs as part of a genuine democratic debate."

Mayor Val Schier and her former candidate Sue Croome, initiated a city-wide campaign in the run up to the 2004 Council election, for the public to 'creatively decorate her party's roadside signs. Such temporary signage gives the community a chance to put public comment on them about their past record or current performance.

"This includes issues like the Yacht Club," Bryan Law says. "There’s a lot of signs. It’ll need creativity and persistence, but I’d like to thank our local politicians for giving us this chance. I’ll certainly be taking advantage of it."

Bryan says he won't be defacing Boyle's signs in the dead of night, and will be upfront and open in what he is doing.

"I, and thousands in the community, want to hold Desley Boyle and the Labor Party to account. We want them to stand up and engage in this debate about why this community was betrayed in such a blatant way," Bryan Law says.

Bryan is incensed that at least 5,000 of Desley's constituents, and another 6,000 from Barron River and Mulgrave, signed the petition to save the Cairns Yacht Club building, yet were ignored.

"I’d like a day in Court – either Magistrates if Police proceed, or Supreme if Desley seeks an injunction, but I want her to tell this community why she betrayed us all on this issue," Bryan says.

"The more splash I can make about Desley and the Yacht Club the better, it's a subject she and the Labor party would rather ignore, and sweep under the carpet."

Concern was expressed late yesterday from Desley Boyle's office on how to handle the sign defacing. There's little doubt the Cairns MP did not want to debate the matter of the Yacht Club and Labor's response to the Cairns community.

Now it's time for us all to make a stand.

Money for nothing

As the ALP offered $36 million for tourism, the Opposition said the Tourism has been a joke to Labor and they are only now releasing a photocopy of the LNP's policy in a cynical attempt to win votes.

Cairns MP and Tourism Minister Desley Boyle says the funding will attract sporting and cultural events

The MP known as Demolition Desley after supporting the destruction on the historic Cairns Yacht Club building now believes a regatta could be run.

"We could give international cruising yachts the full length of the Great Barrier Reef to experience," Boyle says.

Her political opponent LNP's Joel Harrop says Labor has ignored Cairns' tourism industry. "We could well miss out on $2 million worth of annual funding from the sale of the airport."

During the eleven years of Labor Government, funding has increased by less than 4%, that's less than the rate of inflation during that period.

"Now, on the eve of an election, Labor expects tourism operators to forget eleven years of neglect and swallow today's announcement."

Just last month Desley Boyle, as Tourism Minister, told operators to smile through the economic crisis, and suggested that crocodiles terrorising tourists was good for business. She also said that tourism operators were whingers, like farmers.

We never wanted the Yacht building - JCU

As the election spin rolls on, and CairnsBlog uncovered the appalling state of the remains of the Yacht Club building at JCU, we can reveal that there was strong resistance from the University to take on the old building.

James Cook University sources have told CairnsBlog that they never wanted the "wreck of the Aquatic on its property."

When they were pressed to have it by the Labor Party via lobby from local MPs Steve Wettenhall and Desley Boyle, they requested it be dismantled and marked in accordance with Heritage Rules of best practice.

This did not happen. We all know now that the building was literally demolished.

Some of the remnants are being sold by the demolition company as salvage.

JCU are very upset over the bad publicity it has been drawing from the community over the historic ruins of the Yacht Club.

"They apparently were coerced into doing this," the source told CairnsBlog. "No-one wants to take the blame for it. It is rumoured that, after the election, there might be a fire there."

Is CEO Noel Briggs policeman and jury?

There have been many questions raised at all levels, about who is the policeman, judge and jury of Cairns Regional Council's Code of Conduct - the policy which is meant to form the over-riding guidance for elected officials and staff.

Bryan Law has been following this debate from the day Council's CEO Noel Briggs called a media conference, minutes after Councillor Diane Forsyth climbed off the roof of the now destroyed Cairns Yacht Club building, last October. Forsyth was protesting at the State Government's lack of action on the building's protection.

Bryan Law presents the case that the Forsyth investigation is flawed and serious questions need to be answered. He also raises grave concerns for the on-going actions of the CEO, that appear to undermine our democracy and that of publicly-elected Councillors.

THE CRC CODE OF CONDUCT –
WHY CEO NOEL BRIGGS OUGHT BE SACKED

On 26th February 2009 Councillor Diane Forsyth pleaded guilty in the Cairns Magistrates Court to a single charge of trespass. That charge arose out of her act of civil disobedience in October 2008 when she climbed on the roof of the Cairns Yacht Club to focus public attention on the unjust and inappropriate way it was being demolished.

The Magistrate clearly viewed Councillor Forsyth’s action as being at the very lowest end of the scale of criminality, and he made several references to a citizen’s right in this country to engage in political agitation. He decided that no conviction would be recorded against Councillor Forsyth, and that her only punishment would be a six month good behaviour bond which, if breached, would result in the forfeiture of $300. The magistrate noted Councillor Forsyth’s excellent record of behaviour, and expressed confidence that she would discharge the bond without difficulty.

As far as the criminal law is concerned, that’s the end of the matter.

However because Di is also an elected representative on the Cairns Regional Council, she must face what presently amounts to an unfair, even perverted, system of punishment that some people are using to try and harm Councillor Forsyth. The process they are misusing is a complaints system under the Code of Conduct that was adopted for Councillors in April 2008, at the first meeting of the newly elected Council.

The Code of Conduct was initially raised by Council CEO Noel Briggs, at a media conference he conducted on 1th October 2008 - the very morning of Councillor Forsyth’s civil disobedience action. CEO Briggs gave the media and the public a little lecture on how elected Councillors ought behave, and he then invited members of the public to make a complaint about Councillor Forsyth’s behaviour. He did this with no knowledge of civil disobedience, and outside his authority as CEO.

Surprise, surprise. Two complaints duly arrived from political foes of Councillor Forsyth. One was from the demolition contractor seeking financial compensation outside the processes of civil law. The other was from a political activist associated with Councillor Margaret Cochrane.

On receipt of these two complaints, CEO Briggs began Kangaroo Court proceedings against Councillor Forsyth – proceedings in which he acted in a most irresponsible and unethical manner.

CEO Briggs contacted an associate from his days at Mareeba Shire Council and commissioned a report into Councillor Forsyth’s actions. The terms of reference for that report are not public. Cairns ratepayers have paid an undisclosed sum for this report.

There was no real “investigation” of the complaints. No factual information was sought from the Police, the Port Authority, People Against the Demolition of the Cairns Yacht Club (PADYC) or the protest organisers, or any witnesses to the event. The principles of natural justice were flouted. There was no cross-examination of the complainants or their outlandish claims. The investigator relied on the complainants’ uncorroborated story, plus a single report published by the Cairns Post.

The Council report itself was a shambles of uninformed prejudice, lacking any semblance of objectivity or balance. The report pretended to find that seven breaches of the Code of Conduct were committed by Councillor Forsyth – including one that “would have” happened through the protest actions of people unconnected with Councillor Forsyth. In fact such actions did not happen. The report was defamatory and inaccurate. Its production on behalf of Cairns Regional Council was a disgrace.

At the heart of this problem lies the unprofessional administration of Noel Briggs as CEO of Cairns Regional Council, and the misuse of the Code of Conduct by Mr Briggs and some Cairns regional Councillors.

Contrast, for example, the process that CEO Briggs said would be necessary to investigate and report on the leaking of tender material to the Cairns Post by persons unknown in 2008. A complaint about the leaking was made by Mayor Schier and Councillor Forsyth. CEO Briggs estimated that any investigation would require formal interviews with all relevant staff and Councillors, and would cost at least $10,000. The complaint against Councillor Forsyth, on the other hand, could be whipped up quickly by an old mate without bothering about any “formal” nonsense.

Di Forsyth is not the only Councillor to suffer at CEO Briggs’ hands.

Councillor Julia Leu has been the subject of media comment twice now in terms of either the Code of Conduct, or of some undefined standards that CEO Briggs believes elected Councillors ought adhere to. In 2008 Julia was castigated for telling a public meeting of her constituents that she would work for a reversal of the amalgamation of Cairns and Port Douglas. Recently she was again made the object of media comment for putting an anti-amalgamation bumper sticker on her car.

Councillor Kirsten Lesina a couple of weeks ago was publicly criticised by CEO Briggs for constructing a face-book site that contained material Mr Briggs thought inappropriate. Favourite movies and political thinking. Shocking!

Let’s see, Julia Leu, Di Forsyth, and now Councillor Kirsten Lesina. There a pattern emerging. Could it be that CEO Briggs is uncomfortable around assertive and powerful women – or that he thinks they should be put back in the kitchen to get on with cleaning and child-bearing? Surely not. Not in the third Millenium.

In relation to Di Forsyth, CEO Briggs was eventually forced to have the first report withdrawn and disregarded. It was so awful it will never be made public, although it’s still unclear whether the author has been paid by Cairns ratepayers. We will be asking for a full disclosure to see what, if anything, was paid to it's author.

Now that the criminal matter has been dealt with, CEO Briggs plans to conduct a fresh investigation into Councillor Forsyth’s action under the Code of Conduct.

It would be nice to think that CEO Briggs will have this investigation conducted with some regard for the principles of natural justice, or even according to an agreed and publicly available protocol recognising the purpose of the Code and its operation. Alas, there’s no indication that any such approach will be taken.

I’m afraid that CEO Briggs and the Cairns Regional Council are acting in a sloppy and unprofessional manner when it comes to the Code of Conduct, and that the best we can expect will be a kangaroo Court in which politics prevails.

Welcome to Cairns. Put your watches forward one hour, and your mind back two centuries.

Letter from Kerry Riella

• In reply to Alex Blair’s feature letter about the fate of the old Cairns Yacht Club building (Cairns Post 31st Jan).
  
  Indeed it is a crying shame to see what has become of the so-called “win-win” claimed by our State Member for Barron River, Steve Wettenhall.
  
  A building that withstood the ordeals of 103 years, has in just three months been reduced to a warped, sagging mess of boards and beams due to this Labor government’s attitude to the people of Cairns.
  
  My advice to all who lament the unnecessary and horrible demise of the grand old building, and indeed, all who signed the petition to save it, is not to get mad...get even!
  
  Vote for ANYONE except Labor in the next State election. Vote for a drover’s dog, I don’t care, just don’t vote for the party that deliberately put our history and heritage on the rubbish dump.
  
  These so called representatives of ours, unapologetically and unceremoniously ignored the wishes of a vast number of Queenslanders, from the Torres Strait to the Toona Gate, along with a lot of interstate and overseas people who wished they could also have signed the petition to try and save her.
  
  Not only did this Labor Government deliberately ignore quite a substantial petition, they ignored two others before that! Then they ignored the resolution from the Cairns Regional Council to stop and re-assess the situation. They also ignored The National Trust of Queensland’s urgent pleas to save the building and they aided and abetted the process by which its State Heritage listing was overturned. They achieved this by ignoring the Heritage Council’s own professional assessor who was paid to decide, and his decision was preserve it!
  
  They ignored the 2003 Wet Tropical Coast Regional Coastal Management Plan which listed both the building and site as heritage to be preserved, AND they ignored all links the building had to any Maritime history in BOTH World Wars. They even ignored the Burrup Charter!
  
  Hell seems like the State Labor Government is an ignorant bunch, wouldn’t you say?
  
  Vote Labor? After this obscene debacle you’d have to have rocks in your head, or have had your head in the sand for the past ten years!
  
  Yours sincerely
  
  Kerry Riella
  Stratford,
  Cairns 4870

Anna and Desley's Memorial taking shape

Who thought ALP's election campaign would extend to this.

However, there a flurry of activity in a paddock at James Cook University, 25 minutes north of Cairns and no where near any place for a boat.

The so-called 'heritage precinct' that the Labor government presented to the Cairns community at the 11th hour, was their rescue plan, an olive branch. However it was an appalling attempt to preserve and protect this, the last significant socially and historically important piece of Cairns heritage.

"The people spoke loudly to preserve the building on it's site," says Rob Williams of the Save the Yacht Club campaign. "Over nearly six years, we told the government about it's importance to our community, but they, including the local member Desley Boyle, ignored us. They never listened to us."

Three petitions were mounted, the last included 11,000 signatures that Wendy Richardson co-ordinated under the banner of People Against the Demolition of the Cairns Yacht Club.

"A huge majority of the public clearly wanted the historic building to remain at it's Wharf Street home, Richardson says. "This is such a strong example of community neglect for a Government so out of touch."

Richardson is running for the Barron River seat against ALP incumbent Steve Wettenhall.

Eight months before being elected to office, the new Barron River Labor MP Steve Wettenhall vowed to save the building. In a conversation with Cairns Jazz Club's secretary Ian Horn and Rob Williams, who had played at the Yacht Club for many years, asked the aspiring politician what he could do to help preserve the building about four years ago.

"If I was in Parliament, I would have preseved this building, where it is now," he said at the time.

After he won the seat, Williams and the Jazz Club wrote to Wettenhall for support. "Now that you're elected, we want your help to save this building," they wrote.

However, Wettenhall, and his Labor colleagues never did come to the rescue. They called the campaigners 'irrational' and failed to listen to the community that supported their election.

Bryan Law, who lead a series of civil disobedience actions at the site last October, that culminated in Councillor Dianne Forsyth climbing onto the building's roof in protest, says this was something the Government could have easily done.

"Why they simply didn't listen and did what the people asked, when it was a really simply and gracious thing to do, is amazing," Law says. "We said last year we will take this issue forward to the State election to hold these Labor politicians to account, and we will."

The remains of the Yacht Club building that was transported in pieces to JCU, has been left exposed to four months of torrential wet season downpours and harsh sun.

A citizen's inspection carried out on the weekend, shows irreparable damage to the historic Black Bean sprung dance floor. Black plastic and tarps are haphazardly across the remains, with pooling water, breeding mosquito, in the midst of Cairns' worst ever Dengue outbreak.

Exposed floorboards have buckled the tongue and groove flooring beyond repair. Only the base and roof trusses, along with scant remain of the walls were transported to the site. Everything else was either dumped or is now being sold off at Anton Demolitions Machans Beach yard.

It was noted that there was no numbering system of timber during the reconstruction process. "Timber is all over the place," Rob Williams said. "There's no way this has been undertaken with any respect or care for the building's history."

"The removal and destruction of the old Aquatic Dance Palais and Cairns Sailing Club painted signs that adorned the weatherboards is disgusting, says Wendy Richardson. "These were only uncovered in the last days of the battle to save the building, yet they were not salvaged or preserved at all."

It is understood that one of these signs are available for sale from Anton's for up to $3,000. The other one was deliberately destroyed during the demolition process.

In an interview on ABC Far North radio this morning, Stratford resident Kerri Riella spoke of the strong feeling in the community as she collected signatures of support last year. "Everyone was upset and angry, black, white and brindle. Their voices were not being listened to," she said. "Labour will feel the effects of this at the pooling booth, especially in Cairns and Barron River. Of that I'm sure."

Following the building's removal in October, no archaeological dig occurred on the 110 year old site, that heritage expert Dr Janice Wegner called for.

I guess we should have realised something was array, when the Labor Government, along with the Cairns Port Authority, hired a demolition firm for the job, with no experience of heritage preservation.

Befitting of the ruined and scarred memorial, the foundations of the old remains now adorn with a permanent reminder of Labor's contribution to saving and preserving our heritage.

The Cairns community will never forget.

Suddenly Val

Cairns Regional Mayor Val Schier, today endorsed the direct action protest when Councillor Diane Forsyth climbed the historic Cairns Yacht Club building in protest at its demolition by the Labor State Government.

The action resulted in a trespass charge before the Cairns Magistrate's Court on Thursday.

"The feedback [about] Di's actions in protesting the demise of the Yacht Club [building] has been interesting," Mayor Schier said today.

The Mayor's endorsement should be an embrassesment to Premier Anna Bligh and her local Labor MPs who refused to discuss or move on the issue.

"Whilst a few people believe that she has damaged her own reputation and also that of Council, the majority of people who have spoken to me believe that Di has been brave and courageous in her stance against an issue about which she is passionate: the preservation of the heritage of Cairns."

It is a late but welcome entry into the heritage debate for the Mayor that decided to make no public comment during the large-scale community campaign, that culminated in an 11,000-strong petition to the State Government. The issue galvanised many in the Cairns community for over 5 years. The Mayor supported two motions before her Council to get the Cairns Port Authority and the State Government to halt the iconic building's demolition last October. However, it was to no avail, and were repeatedly told, it was a 'commercial decision'.

On the morning of the protest action last October, Mayor Schier and Council CEO Noel Briggs called a press conference to talk about a possible breach of the Councillor's Code of Conduct, however, the Mayor never fronted the media. Briggs announced that "no complaint had been received" at that point, about the Councillor's protest action. "However, if a complaint was received, it would be investigated," he said. This was merely an invitation for a dissenter to complain," Yacht Club protest organiser Bryan Law said.

Local artist Robyn Johnston and his partner Niki Johnston, a Holloways real estate manager, were supporters of Deputy Mayor Margaret Cochrane's election campaign. They lodged a complaint about the Councillor's action the following day.

"I was affronted by the CEO's interference in this peaceful protest for an elected official to make her political point," Bryan Law said. "Why is the CEO calling a media conference to talk about a compliant that doesn't exist? It is repugnant to hear a senior manager comment about an elected Councillor."

Bryan Law says it's the Mayor's role to talk on behalf or about her Councillors, not the CEO. "The CEO looks after the Council staff. Likewise, it would be inappropriate for a Councillor or the Mayor to reprimand or instruct Council staff," Law said.

But Val Schier said she now supports Councillor Diane Forsyth's right to choose the method she thought would be most effective in showing her opposition to the and in trying to change the mind of the decision-makers, she says.

The Mayor's Cairns 1st brand, strongly advocated heritage protection and preservation in it's pre-election campaign.

"The law will decide on the allegations of trespass; the voters will decide in 2012 whether they commend or condemn her; I suspect the former will be the case," the Mayor said today.

Councillor Forsyth case closed

Cairns Regional Councillor Diane Forsyth appeared before the Cairns Magistrate Court this morning, a day early than originally scheduled.

The Councillor was there to answer charges of trespass, when, back in October, she climbed upon the now demolished Cairns Yacht Club building, subsequently removed and stripped to pieces by the Labor Government.

Forsyth's lawyer, Steven O’Reilly, had serious issues about the politics of direct action. He brought the matter on early to dispose of it away from groups of political supporters.

"I'm glad this is behind me, and I can move on," Forsyth said.

Forsyth's protest action by climbing of the roof of the historic Cairns' iconic building, was to highlight the State Government's lack of compassion and not listening to the local community's desire to retain the 100 year old building on it's Wharf Street waterfront site. Even an 11,000-strong petition, the third in five years of campaigning, fell on the deaf eyes of local Cairns MP Desley Boyle, who is also State Tourism Minister. She failed to see how it could have been retained and developed into a significant tourism and heritage attraction.

"We will relocate the building to a new heritage precinct at James Cook University," Boyle jointly announced with fellow MP for Barron River Steve Wetenhall, and the Cairns Port Authority who manages the waterfront land.

However, six months on, in the wave of the upcoming State election, the remains of the building lies water-damaged and exposed in a paddock in Smithfield. The rest was salvaged at is being sold off as scrap to the highest bidder by Anton Demolitions at his Machans Beach yard. It is probably the most vivid depiction of MPs ignoring a community in recent years, and will be a feature of the current election campaign I'm sure.

The late entry into the Save the Yacht Club debate, Barron River MP Steve Wettenall earned the nic name of 'Wet and no balls', at first attributed to the campaign's co-ordinator, Wendy Richardson. However, Richardson, who had ran against Boyle for the Cairns seat three years earlier, and now is challenging Wettenhall for his electorate, said the nic names were out there in the community.

"We were all hearing these names in conversations," she said at the time. "These MPs failed the Cairns community. They simply were unwilling to listen," Richardson says.

'Demolition Desley' and 'Pittaful Pitt', were also bandied around, due to their lack of support. I dunno what they had for Jason O'Brien?! (A chocolate fish awaits the best suggestion.)

However Forsyth, a Labor Councillor, is not unhappy about her court appearance. She was aware that her actions were illegal. "I wanted our community to be heard loud and clear," she said at the time of her trespass.

Today the sentencing judge gave her a Good Behaviour bond (hard for any Councillor if you ask me), with no conviction recorded.

This will now clear the path for Council's Code of Conduct investigation against Councillor Forsyth, that CEO Noel Briggs initiated last year. Briggs commissioned a report, that is was concocted with a pre-determined conclusion, written by his friend and colleague in the former Mareeba Shire Council.

There needs a code of conduct enquiry into this action itself.

A little too much blue

LNP's leader, Lawrence Springborg with his candidates Joel Harrop (Cairns), Vic Black (Mulgrave), Wendy Richardson (Barron River), and Craig Batchelor (Cook), during his flying visit to Cairns.

With political corflutes popping up on every corner, the quick election race to the finish line will please many who were expecting a long campaign.

The seats to watch will be Barron River with a narrow 4.8% margin, and Cairns, with Labor losing much support over Boyle's lack of support of the Cairns Yacht Club could narrow her 8% lead.

Former Main Roads Minister Warren Pitt's seat of Mulgrave, who enjoyed nearly 10% margin, will certainly be lost to the LNP with the ring-in of his 32 year old son Curtis.

LNP's Cook candidate, Craig Batchelor will have his work cut out if he's to bet Jason O'Brien with a strong 11.4% margin at the last election, however he claims that actually living in the electorate will give him advantage.

Cairns Councillor in Court this Friday

There will be a rally at the Cairns Courthouse at 9am this Friday, to show public support for Councillor Di Forsyth and her actions to preserve the historic Cairns Yacht Club building.

She will appear in the Magistrate’s Court to answer a charge of trespass, arising out of an act of civil disobedience while advocating for the preservation of the Cairns Yacht Club.

On Monday 13th October last year, Councillor Forsyth took part in a non-violent protest action, as a last ditch stand to focus public attention on a worthy desire by over 10,000 Cairns residents.

With a safety team, safety harness and rope, hardhat, boots and overalls, at around 7.00 am Councillor Forsyth climbed a ladder and sat on a platform on the roof of the building to temporarily prevent its demolition. She carried a sign saying that she represented 11,000 Queensland Citizens (9,000 Cairns residents), and wore a shirt saying “People Before Profit”.

Di Forsyth demonstrated the courage of her convictions when she climbed up on that roof. It was difficult, and contained elements of danger. By making responsible safety arrangements, Di minimised the danger to herself, and through her cooperation with Queensland Police she eliminated it altogether for others. It was a responsible action of personal protest.

But it was also an action whereby Councillor Forsyth met her public duty to her constituents, and to the residents of Cairns, to make a powerful representation to the government of Queensland and its voting public.

Cairns Regional Council had resolved twice in 2008 to seek the building’s preservation, and to engage in consultative processes with the Queensland government and/or its authorities. Cairns Regional Council made these resolutions at the request of thousands of residents and ratepayers. Cairns Regional Council recognised a petition of 11,000 signatures which had been lodged in the Queensland Parliament.

In reply the Queensland government failed to respond appropriately. Legally the Queensland government has the power to build and develop whatever it wants in Cairns without the permission of the Cairns Regional Council. Its developments don’t have to abide by or accord with local government planning. There is regular community debate around these issues, with local residents seeking a more persuasive voice about local developments.

POLITICAL PURPOSE

Cairns Regional Council is perhaps the most readily available tool of government for Cairns residents. But it is not the only one. When the Queensland government failed to publicly engage the Cairns Regional Council, Cairns citizens were forced to directly address the Queensland government, communicating politically with the Premier and Cabinet, and also with citizens and voters around the state.

Non-violent Civil Disobedience by an elected Councillor in relation to a development issue was always going to be state-wide news. “I’m representing 11,000 people” and “people before profit” are key elements of democratic and sustainable development. People are entitled to see them applied by government, and people are entitled to contest any government that fails to apply them.

Councillor Forsyth was approached by many Cairns citizens and asked to take protest action. At first she attended public meetings and rallies, and used her position as a councillor in strictly conventional ways. When this approach was disrespected Di Forsyth took the minimum action required of civil disobedience, and took it in a way which was fully accountable.

By standing up for her constituents, at her constituents’ request, Councillor Di Forsyth honourably discharged her public duties, and she won substantial public support her doing so.

CRIMINAL JUSTICE SYSTEM

However the nature of civil disobedience involves the breaking of a law. It is a rule of civil disobedience that an activist who breaks the law stands accountable to the Courts, and gladly accepts and pays any penalty a court may impose.

So Councillor Forsyth will face the Cairns Magistrate to a charge of trespass at 4 Wharf St Cairns on 13 October 2008, and will be dealt with for it. The hearing will be next Friday 27 February 2009 at Cairns Courthouse. This is the fair and due process of punishment that Councillor Di Forsyth faces in our criminal justice system. Our system of government depends on the rule of law.

Under our law, Councillor Forsyth cannot be disqualified or suspended as a member of the Cairns Regional Council for a minor, summary offence such as trespass. Just as Senator Bob Brown and Senator Christine Milne remain Senators irrespective of their convictions for civil disobedience.

Indeed the legal system adopted in Australia recognises civil disobedience as a special category of offence.

The following quote is from British Law Lord, Lord Hoffman, in a 2006 ruling by the House of Lords in relation to civil disobedience cases then undergoing trial. (Lord Hoffman, at para 89 in Jones, R. v [2006] UKHL 16 (29 March 2006)

Cite as: [2006] 2 Cr App R 9, [2007] 1 AC 136, [2006] UKHL 16, [2006] 2 All ER 741):

• “ My Lords, civil disobedience on conscientious grounds has a long and honourable history in this country. People who break the law to affirm their belief in the injustice of a law or government action are sometimes vindicated by history. The suffragettes are an example which comes immediately to mind.
  
  It is the mark of a civilised community that it can accommodate protests and demonstrations of this kind. But there are conventions which are generally accepted by the law-breakers on one side and the law-enforcers on the other. The protesters behave with a sense of proportion and do not cause excessive damage or inconvenience. And they vouch the sincerity of their beliefs by accepting the penalties imposed by the law.
  
  The police and prosecutors, on the other hand, behave with restraint and the magistrates impose sentences which take the conscientious motives of the protesters into account. The conditional discharges ordered by the magistrates in the cases which came before them exemplifies their sensitivity to these conventions."

The conventions alluded to by Lord Hoffman were accepted and applied in Cairns by all the activists, police, prosecutors and magistrates connected with civil disobedience cases around the Cairns yacht Club. Councillor Forsyth is the last case to be dealt with. Every other activist received either a good behaviour bond with no conviction recorded, or a small fine subsequently converted to community service.

SUPPORT COUNCILLOR DI FORSYTH

If you’re one of the many citizens in Cairns who sought the preservation of the Cairns Yacht Club, and who supported and were encouraged by Di Forsyth’s forthright action, there are three things you can do now to support her:

• 1 / Attend a rally at the Cairns Courthouse at 9.00 am this Friday 27 February to show public support
  
• 2/ Write a letter of support addressed “To Whom It May Concern” setting out your approval of Councillor Forsyth’s character and civil disobedience action, for submission to the Magistrate on 27 February.
  
  Send it immediately to Councillor Di Forsyth, 114 Woodward St, Edge Hill, Cairns, Queensland 4870. You can also email it.

De-Amalgamate Briggs Now

It's amazing how the Chief Executive Officer of Cairns Regional Council has so much time on his hands.

In between missing the boat on the Dengue outbreak, he finds time to criticise issues that are not within his job description.

Noel Briggs' role, as the CEO, is to manage his staff and implement the policies as decided by the elected Councillors. Nothing more.

However, he has the Cairns Post on speed dial, only to waste time, trying to yet again put a Councillor in their place. It is not the CEO's job to be involved in politics. Let me repeat that: It is not the CEO's job to be involved in politics.

His sights are again aimed at Julia Leu, for the grand felony of putting a 'De-Amalgamate Douglas Now' bumper sticker on her Council-funded car. Amazingly the sticker has graced Julia's vehicle for nearly a year, yet all of a sudden a 'Council staffer' complained.

This Councillor is doing what she said she'd do, when she took the mighty oath - to represent the people. It's a sad day when a Councillor or MP stops doing this. I wish Mr Briggs would get on with the job we all pay him the massive salary to do. He has around 900 staff and a myriad of pressing issues from appalling environmental management to killing some damm mozzies.

Soon after Councillor Forsyth jumped on the roof of the historic Yacht Club building late last year, Noel Briggs spent thousands of ratepayers dollars to commission one of his mates on the Tablelands to write a 10-page report on why the Councillor was guilty of the Code of Conduct. It was not objective nor balanced. I've seen this so-called investigation, which is the most poorly written documents you could ever set eyes on. We will be asking how much was spent of this report. It is also believed that the Mayor is not keen to pay for this trashy piece of deliberate dirt digging by the CEO.

This morning we see yet another 'investigation' by Briggs, this time into Councillor Lesina's Facebook profile. You can post all kinds of things here, it's a digital scrapbook. The Cairns Post reported that Kirsten is a 'member' of online groups like "come the f--- on bridget" and "1 million strong against Labor".

"I wonder why the Cairns Post would think that [I'm] in a group called 1 million strong against Labor when [I'm] in about 600 other labor fan groups," Kirsten Lesina said this morning on her profile page.

CEO Briggs says he will suggest Lesina change her profile to private. Kirsten should not take her marching orders from the CEO, someone paid three times that of the first term Councillor. She dragged this Council into the online era and is making strong in-roads for young people having access and involvment in local government.

I find the Mayor getting dragged into this latest debate about car stickers, on the coattails of the CEO's statement, is awkward, odd and a little dis-loyal. Julia, along with Diane Forsyth, are both on the same political leanings as our Mayor, and such attacks do little to strengthen and cement her position and the agenda of politics she so proudly and passionately stood for just over a year ago.

Let the porkies begin!

It was only 13 minutes past 11 this morning and Labor's Steve Wettenhall was out with his four year old election posters.

He obviously had the tip off that Premier Anna Bligh was on her way to see the Governor General to dissolve State Parliament, six months earlier that the planned date.

Snap elections catch everyone by surprise, but this was the worst-kept secret in the State. After eight 'retirements' in as many days it seems, and the instant replacement for Mulgrave with Warren Pitt's son, who's still lives in Brisbane, the porkies will now be loud and clear.

The only good thing about this election is that we'll only have to put up with a zillion promises from all sides for less than a month.

It will be a tough fight in the South East, but regional Queensland is fed up with this government. Community issues and open honest accountable representation is blatantly absent from the incumbents.

The galvanising community issue to preserve the historic Yacht Club building, is a shameful indictment of almost every Labor MP in the Far North of Queensland. It's damaged weathering remnants in a paddock at JCU's Smithfield campus, are yet another reason why a passionate community deserves much better presentation that it got over this issue.

I hope that the voter will be savvy enough to critique the contribution their current MP has made and look at the alternatives. Greens, LNP, independents, will all be showing you the reason why Labor are due for early retirement.

Going to the Pitts

I love gossip. Better still, I love it when it's probably true.

No matter what political stripes you wear on your sleeve, you have to ask some questions about the sudden departure of Warren Pitt, a long-serving State Minister in the ALP, and the MP for Mulgrave, on the South of Cairns.

As recently as last week Warren Pitt was out and about, campaigning for another term as the MP for Mulgrave. It caught everyone by surprise, even his own LEC who are scurrying around for another candidate, under the cloud of the soon-to-be-announced State election date.

A source, very close to Premier Bligh has told CairnsBlog, that following Mike Reynolds resignation as Speaker of the House on Sunday, Mulgrave MP Warren Pitt approached Premier Bligh to take on the role, more befitting him, after 20 years service.

However, this request was rejected point blank by Bligh.

"Well, I'll walk," the upset Minister Pitt told the Premier. And so he did. Yesterday Warren Pitt pulled the plug, and said it was "health reasons", the same reason Speaker Reynolds gave.

Following Mike Reynolds' departure, it seems that former mayor of Townsville, Tony Mooney sought ALP pre-selection for the Townsville seat. My sources say that Premier Bligh intervened in this also, and put the kibosh on the wishes of the locals who supported Mooney.

Meanwhile, Cairns MP, Desley Boyle is definitely running. "I just love being the member for Cairns," she said on ABC Far North radio yesterday.

"Hearing the opposition making all these preposterous claims I think, ...'oh here we go again!'" Desley said. "I hope the people will give me another go at this job."

We really should give her another "go" at the job, as she, along with Steve Wettenhall, need to rebuild the historic Cairns Yacht Club building, from it's crumpled remains at JCU's Smithfield campus.

With eight resignations from MP's over the last few weeks, there seems a great deal of disquiet in Queensland's ALP.

Happy 2009

Just weeks after open heart surgery, veteran community campaigner and activist Bryan Law, is ready to continue to battle and raise issues for our community.

Here, he looks back at the tumultuous year that was 2008.

2008 was pretty trippy for me.

It started real well with a legal victory in the Court of Criminal Appeal at Darwin. A nice and very capable lawyer, retired Federal Court Judge the Hon Ron Merkel QC, made some compelling arguments for us in relation to the Defence (Special undertakings) Act 1952 – and the miscarriages of justice that had occurred during our trial of June 2007. You can read one lawyer’s account here.

Before the legal argument in Court, the four of us served out some time in Darwin’s Berrimah prison, a barbarous and decrepit hole some 15 kilometres north of the city. 83% indigenous. I spent 10 days on a package stay. It’s been ten years or more since I was last in prison, but like riding a bike, it doesn’t take long to get used to it again. Anyone who thinks prison is a doddle has never been there.

So on Wednesday 20 Feb I’m being escorted to cells under the court-house and guarded by three or four security officers all day. On Thursday 21 I’m in the court-house coffee shop getting a toasted sandwich and cappuccino. On Friday 22 I’m acquitted, the Act has been interpreted to our satisfaction, the government is unable to use its heavy legislation against us, and we are free to enjoy a few days rest and recreation in Darwin - which can be a fairly pleasant spot, even in February.

The legal victory, and the jail time, came out of nonviolent direct action I’d taken at the Pine Gap spy base with Christians Against ALL Terrorism (CAAT) in December 2005. It was a citizens inspection, based on work I’ve done around US warships in Cairns with Margaret Pestorius and Peace by Peace. It was a terrific action, and CAAT made some real achievements for peace and nonviolence. It’s a good group. Here’s a photo of us all together in Brisbane in November 2008 where we had a yarn about the Talisman Sabre war-games in Shoalwater Bay, Queensland in July 2009. Left to right: Adele Goldie (Mt Nebo), Sean O’Reilly (Brisbane), Jim Dowling (Mt Mee), Jessica Morrison (Melbourne), Donna Mulhearn (Sydney), Bryan Law (Cairns)

By February 2008 I was on a promise from Australian Defence Minister, Joel Fitzgibbon, to meet and discuss Pine Gap. (“I respect your position and I will be happy to discuss with you after the Federal election” Joel had written to me in October 2007, when the ALP wanted support from the peace movement). In January 2008 the newly elected Labor member for Leichhardt, Jim Turnour (for whom I’d campaigned) promised me he’d follow up my letter to Minister Fitzgibbon, and ensure we got a meeting.

Being a political realist, I maintain pretty low expectations of the Labor Party. But I started 2008 fairly optimistic, firstly that nonviolent activism is enjoying something of a resurgence in Australia, and secondly that we might get some useful discussion with government around defence and security policy. The resurgence is real. The ALP is not.

In April I experienced some difficulty breathing, and went to Cairns Base Hospital for a couple of weeks with a condition called heart failure - which put a temporary hold on my activist agenda for Pine Gap. Apparently I’d had a heart attack without noticing. I spent a quiet winter coming to terms with life’s little changes, and preparing for surgery through Queensland Health.

While I was waiting for surgery I got involved with PADYC (People Against Demolishing the Yacht Club) when Wendy Richardson from the Liberal National Party declared she would chain herself to a bulldozer with union organiser Stuart Trail if she needed to, to save the Cairns Yacht Club building. CairnsBlog's Michael Moore, facilitated the introductions, and my old china plate Warren Entsch attended the first meeting. In the event, Wendy chickened out of NVDA (non-violent direct action), but Labor Councillor Di Forsyth climbed up on the roof in a safety harness.

In September 2008 half a dozen citizens stepped forward to have a go at civil disobedience. Terry Spackman had a good go at staying on the roof for days, but was foxed by Police. Sharon, Wendy and John all pushed it past the point of arrest as well as Di. I spent six or seven hours in the Cairns watch-house. Around the campaign were maybe 50 real nice folks who wanted to preserve a little bit of their heritage and values in modern Cairns. Bloody Cairns Ports. Bloody Labor Party. Good on ya Di Forsyth. Good on ya Wendy.

For me it’s always a privilege to know people who are willing to act on their beliefs. The bunch around PADYC came mostly from circles I don’t usually move in. Older, whiter, and more conservative (and of course a scattering of crazies). It was good to show them how a direct action campaign works. We’ll complete the program when Anna Bligh calls the election in 2009. That will be the time to target Desley Boyle and Steve 'Wet ‘n No Balls' for their seats in Parliament. Bloody Labor Party.

In February 2009 Di Forsyth will need a display of support as she confronts the real Court, as well as the kangaroo Court of her fellow Councillors. More about that later.

In November 2008 I did the surgery thing, with a triple coronary by-pass which is a traumatic thing to do to the body but generally provides an extension of life. They cut the chest open, stop the heart, deflate the lungs and keep you alive on the heart lung machine while they graft leg veins to augment the coronary arteries. If you’re at all lucky you survive the operation. Sort of ouch but good on ‘em. I’ve spent the past seven weeks basically hanging at home and healing the wounds of surgery. It’s a trip.

So my time and attention for politics was limited in 2008, but not entirely absent. I now have little projects around local, state, and commonwealth issues. All the actions are planned out of my experience and vision of strategic Nonviolence - latterly Christian Nonviolence. (I’m busy joining the biggest Christian church on planet earth) Here’s my little plan for local, state, and federal NVDA.

LOCAL

I’ve enjoyed nine months of Val Schier as Mayor. My experience has been limited, but I have my concerns, and I’m aware of a general feeling that folks would like a stronger performance from Val and her administration. She’ll be Mayor for around another four years.

My plan on a local level is twofold. First and most important is to organise and show support for Councillor Di Forsyth’s act of civil disobedience re the Yacht Club. Di showed personal courage and political commitment to get up on that roof and represent the thousands of her constituents, and the thousands of other Cairns and Queensland signatures collected on the PADYC petition.

I think Di deserves support for her actions. The best way we can show support is by creating substantial public rallies whenever Di fronts Court or the Regional Council as they consider her civil disobedience action.

But it’s not just a matter of support for Di Forsyth. It’s also about preserving civil disobedience as a vital ingredient of our Parliamentary democracy. The Suffragettes, the Civil Rights movement, the ATSI movement, the trade union movement and all the social movements have relied on civil disobedience to achieve their democratic aims. In Cairns the Police and the Courts have recognised the Yacht Club actions as nonviolent civil disobedience.

Within the Cairns Regional Council there are moves afoot to conduct star chamber hearings against Councillor Forsyth, and equate nonviolent civil disobedience with terrorism. CEO Noel Briggs is one player threatening our democracy. Councillors Cochrane, Gregory and Blake share his desire. In defending and supporting Councillor Di Forsyth we proclaim a standard of democratic representation that we wish to see in our Cairns Regional Council.

My second action will be to try and facilitate a small process of community engagement through which those passionate about Cairns development/environment can play a significant role in improving it. We’d be looking for ways to communicate with, and coordinate with, Mayor Val Schier and key Councillors about significant environmental and development projects over the next few years.

I believe that community input and support can be orchestrated in such a way that Council policies and operations work to provide a much better and more cost-effective amenity for all city residents. I see the invitation being open to all Councillors – at the same time recognising that some Councillors are hostile to community participation in Council business. I’m hoping that CAFNEC will play a sponsoring role.

I haven’t given up on Val Schier yet, and I don’t plan to anytime in the next three years. Anyone who’d like to propose electoral action against Val, if they want to convince me, will have to come out and say who their alternative mayor is, and demonstrate the reality and value of that alternative. I’m happy to listen.

STATE

Unless something truly remarkable happens I’ll be using the Queensland election to hammer ALL the local ALP MLAs because they’ve been so pathetic. I don’t want a “better class of manager” as my political representative – a spin doctor, or a representative of Cabinet.

Call me bitter, call me twisted, but the yacht Club issue convinced me that the ALP has once again forgotten that its job is to represent the community and engage with its values and desires. Imposing “solutions” on an unwilling population just doesn’t do it for me – especially when the “solutions” involve such an incompetent, unimaginative and expensive failure such Cairns Ports Inc.

COMMONWEALTH

Minister Joel Fitzgibbon went from a position of “respect” to one of simply not acknowledging or answering my correspondence. MP for Leichhardt Jim Turnour turned out to be no use whatsoever. Instead of a dialogue about Pine Gap and Security, the Rudd government introduced into Parliament amendments to the Defence (Special Undertakings) Act which plugged the holes we went to so much trouble to disclose. Pine Gap noe receives more support and protection from the Rudd government than it did from John Howard and Philip Ruddock.

According to Minister Fitzgibbon’s first reading speech I and my friends are either “mischief makers” or someone altogether “more sinister”. This according to a government that effectively supports the commission of war crimes by Israel in the Middle East and USA around the world.

In July 2009 the Rudd government is conducting exercise Talisman sabre ’09. Some 8,000 Australian troops, and 15,000 US troops will practice the sea-borne invasion of the Shoalwater Bay Training Area near Rockhampton – where they will conduct urban warfare against a city built around a walled market square. There’ll be a nuclear Aircraft Carrier Battle Group, plus Marines and amphibious Landing Craft, Live Firing, and all the fun of modern warfare.

As a humble citizen I’m compelled to accept that my betters (Jim Turnour, Joel Fitzgibbon and Jan McLucas) have better things to do than talk with rabble like me.

However as a proud member of the rabble element I see no reason to stand idly by and let these fuckers practice mass murder and invasion unchallenged. With my family, and with Christian nonviolence activists from around Australia, I’ll be going to Shoalwater Bay in July and trying my level best to interfere with the war-games. At this point I’m planning to enter the live-firing zone of the exercise area and compel the defence forces to search me out before they can proceed with their stupid and barbarous wankery.

I’m planning on a happy 2009 because I’ve learned through practical experience that life is sweet, and government/policy merely transitory. If any one of us truly stands for what we believe, we make a difference. If enough of us stand for what we believe, we change the world. To echo a black man from the other side of the world who takes office next week as president of the USA “Yes, we can”.

I hope you all have a happy 2009 as well.

Our land warriors celebrate

L-R: Denis Walls, Terry Spackman, Mark Buttrose, Steven Nowakowski, Steve Ryan, Brynn Matthews, Nev Ridley.

Some of Cairns most influential environmental warriors gathered for a quiet and reflective balcony drink recently at Cominos House, home to CAFNEC.

Mark Buttrose and Steven Nowakowski were there, lucky to be alive after their private chartered helicopter crashed on False Cape, during a photographic survey. They were attempting to expose environmental violations to the huge development site at the East of Trinity Bay. Their documenting, contributed to closing down of the site and intervention by Hon Peter Garret, the Federal Environment Minister. It followed an extensive five year battle to get the local Council and State Government to take action against serious runs off into the Great Barrier Reef Marine Park.

Steven Nowakowski has since opened a landscape photographic gallery at the Pier Shopping Centre.

Nev Ridley also contributed to the Save False Cape team, and was the very real gate-keeper to the scared development site.

Steve Ryan has for another year been the lead advocate for our region's unique environmental lobby group, CAFNEC. Steve shared his expertise with numerous causes and community groups during the year.

Besides jumping on the 100 year old Cairns Yacht Club roof and getting arrested, Terry Spackman was also celebrating after another year exposing dodgy developers and Council's inaction to prevent unlawful sediment runs off from building sites. There's no doubt that Terry forced the new Cairns Regional Council to act and monitor development sites. His CairnsBlog videos made it to local TV, and Council saw they similar had to act.

Yacht Club campaigner Bryan Law was also there. The camera-shy serial-non-violent protester, made a significant contribution during the year. Through a series of significant public and media-orchestrated events, Law highlighted the vile heritage destruction by the Queensland Labor government and the former Cairns City Council. Just a few weeks ago, Bryan under-went open heart surgery.

There was much to be happy about for these defenders of all things green, but the fight continues. It's a dirty world out there.

Cairns Port Authorty security guard 'counselled'

Kerry Egerton Cairns Port Authority Employee and PR manager, has admitted that there was dangerous and unsafe behaviour carried out by a Cairns Port Authority security guard.

In responding to the formal compliant I laid last month, following community protests to save the historic Cairns Yacht Club, Egerton said the Port Authority undertook a Workplace Health and Safety investigation. They spoke with a number of independent witnesses.

"The investigation considered the causes and consequences of the incident and a series of unsafe issues have been identified," Kerry Egerton admitted. "A number of these relate to the protesters and these have been referred to Division of Workplace Health and Safety."

The Port Authority has also admitted that the security guard at the centre of the complaint, pictured above, has now been reprimanded for his dangerous actions that morning. "The guard involved has been counselled in regards to his actions and required responsibilities in the future," Egerton said.

The rains are a coming

No Council or regional town could have a better public advocate for the environment than Terry Spackman.

Terry has a wealth of environmental management and community activism under his kaki belt.

In a scathing email to Val Schier, Terry reminds the Mayor the support he offered her, so long as she acted in the interests of the environment. However, like thousands of locals that supported Val Schier and a change of local Government in Cairns, they have yet to see much evidence of a 'greener' mayor leading this city.

"The last time we met was at a meeting of the Greens, Terry Spackman writes to the Mayor. "When we spoke, I gave you an undertaking that I would not publicly criticise Cairns Regional Council officers for failing to enforce development approval conditions."

Terry's public environmental scrutiny is well-respected and acknowledged around the region for many years. The 70-year-old campaigner has always been at the forefront of public debate and activism to expose poor development controls on building and excavation sites.

Spackman said to Schier that when he gives his word, he intends to keep it. However, he now questions the wisdom of giving the mayor the undertaking to not publicly criticise Council staff under her watch. Spackman believes Val Schier has had enough time to get her hands dirty at the job.

"Yesterday afternoon I saw Moody Creek carrying a heavy sediment load," Terry said. "Today, I found that the source of that sediment, was a development at Kanimbla Heights."

Photos show what a large area of soil is exposed to erosion. The sediment control devices are of a type that experience has shown to be totally useless. There are no erosion controls to be seen, nor a Storm Water Management Plan.

"This development would not comply with the most basic erosion and sediment control principles, Spackman told the Mayor. "I challenge anyone to show me otherwise."

This photo was taken at Kanimbla Heights three years ago. Nothing has changed as we face the next wet season head on.

"I, along with many others, supported you and your team because there was a promise of change," Terry Spackman said to Val Schier in the email. "Many of us are now thinking, there is too much 'business as usual' and not enough 'change'."

"Why shouldn't the public know that Cairns Regional Council officers are allowing developers to pollute the waterways, and ultimately the Great Barrier Reef Marine Park? Why shouldn't people know their rates are paying people not do their job properly?"

Spackman suggest that is Council officer Larry Maloy had done his job, we would not have to spend ratepayers money to fix the massive problems at False Cape. "There would be no problems at False Cape," Terry says. "I warned [former Councillor] Fran Lindsey and Larry of these problems long before I exposed them to the public."

"Until you can show me that Council officers are enforcing development approval conditions, I withdraw the undertaking I gave you," Spackman told the Mayor.

Three days after Terry sent the email to Mayor Val Schier, late on Sunday, she replied.

"I am just catching up with emails after a very busy week," Val wrote in haste. "I hope that you logged this in the Residents Response system at the time so that officers would have been aware."

This appears to be the regular reply from Councillors, and certainly Val, to address complaints about poor environmental management by the Council which she now heads. She told Terry in another email some months ago, to 'ensure he reports issues' to Council. This is a simple way to avoid the question at hand. Sure this is a big subject and one that can't be solved in five minutes, however it should be one of the top five issues pinned to her $160,000 mayoral office.

"I will pass on the information and ask for it to be investigated," Val said. "It is not possible for council officers to monitor all developments all the time so it is vital that people like you bring breaches to the attention of officers," The Mayor wrote.

"I am sorry if I am not able to implement the change that you want. As I said previously, I am one person who is doing my best to deal with a myriad of problems and issues."

And that was that. Implementing this change was not possible? What on earth does Val take us for? She campaigned for 8 months on the environmental ticket, this would have been one change that she could have made, hung her hat on and claimed a victory over her predecessor.

We've seen Val Schier vote against some the the very things she stood for in running for office. She endorsed and voted for GlenCorp's 500-apartment complex on the site of the old Woree movie drive-in site, although Councillors Pyne and Cooper voted against, citing among other concerns, the current roading infrastructure was totally inadequate. Val said at the time she voted in support because it was within the existing requirements of the CairnsPlan. She later recounted to the Cairns Post, that it was one decision that she didn't like the most in her first 100 days in office.

I recall Val saying that more sustainable and better building for our community was something high on her agenda if elected, yet her voting pattern is telling a different story.

Just last week, when approving a development near Palm Cove, where Hedley is ripping apart the Paradise Palms golf course - the 9th green actually - Val voted in support of this highly controversial development. She'd already had two meetings with the Combined Beaches Community Association, and been provided with substantial background material why this was a bad development. There were even compromises where some of the sensitive vegetation could have been retained.

Councillors Leu, Cochrane, Forsyth, Lesina and Pyne voting against the motion. If Schier, the only other 'environmental' Councillor on the Council, voted with them and supported the northern beaches community that largely got her elected, the motion would have been squarely defected.

Many are becoming increasing angry that the Mayor is far from green in her voting. Many commentors on CairnsBlog have voiced out-rage.

"Oh what a blunder. Our Mayor has just shot herself in the foot big time, and killed off all that hard won support on the Northern Beaches," said one.

"Her [Paradise Palms] decision, I hope she will learn to regret big time. Her position as Mayor is now untenable and no doubt short lived. We have a Mayor who did not support the Cairns Plan in a major rezoning approval that involves the destruction of part of one of the most premier golf courses in Australia and reduced protection for the significant conservation areas on the surrounding land. Instead, she rolled over, in favour of a developer whose proposal is worth $500 million dollars, that's right, $500 million," the Blog commenter said.

"To be honest, I'm gobsmacked," Terry Spackman said of Val Schier's response. In another anti-envirnoment move, the Mayor who loudly raised the discussion the joys in pre-election times of saving and protecting heritage, decided to not utter a single word about the historic Cairns Yacht Club.

However, what happened next is rather interesting. 48 hours after Val emailed this reply to Terry Spackman, a press release was issued. Now Val Schier made no reference to this at all in her email. It appears she was simply not across what was planned or this was a five minute 'pr reaction' stunt.

Council issued a statement saying that they would launch a new erosion and sediment control team, and they would issue on–the-spot-fines. Stunning. You'd have to argue that Schier was not informed of this, or it simply was not a strategic plan to launch such a team. If this new team was a serious attempt by Council, then it certainly could not of been planned overnight.

"A new team dedicated to enforcing erosion and sediment controls are out in force this week assessing individual building sites, new subdivisions and major development sites," the Council statement read. "The sub-unit of Cairns Regional Council’s Environmental Protection Unit has been established in response to an increasing number of complaints from the community related to erosion and sediment runoff from development sites."

If a breach of the Environmental Protection Act or the Integrated Planning Act is found, they would issue instant fines. Now, if this Council are serious, this process needs to be open and transparent. These breaches should be publicly identified. However, I doubt this grand new action team will be effective nor do what it claims, as much as we need such policing.

It's odd that Val Schier claimed this couldn't be done, and just hours later a whole new team is announced and dispatched on the streets!

Schier is also quoted in the midnight press release. "The State Government has recently announced increased regulation of the farming sectors to protect the Barrier Reef, so it is important that Council ensures erosion risks from building sites are minimised."

The highly-criticised chief town planner and acting CEO Peter Tabulo says that breaching the Environmental Protection (Water) Policy could cost builders between $300 - $600. "Fines for non-compliance with the Integrated Planning Act range from $750 for an individual and $3750 for a corporation," he says.

In January penalties will 'increase dramatically' they tell us. Up from $75 to $100. “In addition to the increases in penalties, the new Regulation will further define what is considered to be contaminates to waterways, with an increase in the types of substance prohibited from entering Council's stormwater system,” Tabulo said.

The Erosion and Sediment Control Team will erect signs reminding builders and contractors to ensure sediment erosion controls, waste management and armoured entrances are applied on each building site. Whoopie. We'll need more than a few signs that will be washed downstream in the next rain Peter.

Two public meeting will be held at Council's reception room. One at 9am on the 15 December. This is for statutory compliance on subdivisions and aimed at builders, contractors and earth moving companies. The other will be at 5:30pm on 17 December to discuss roles and responsibilities of Council’s Environmental Protection unit. It will also talk about how the community can be report environmental incidents.

Like Terry, I'm cynical that this new policing will either be vigilant, effective or transparent. I hope they prove us wrong.