EXONERATED and relieved, eight former Logan City Councillors no longer have fraud looming over their heads.
After two years of waiting, the decision didn’t take long. They were in and out of court within half an hour – charges dropped, case dismissed.
The case was aborted at a committal hearing on Wednesday morning after the magistrate ruled there was insufficient evidence to warrant a criminal trial.
It involved the controversial decision to dismiss CEO Sharon Kelsey in 2019, which led to the arrests of Russell Lutton, Cherie Dalley, Phil Pidgeon, Steve Swenson, Laurie Smith, Trevina Schwarz, Jennie Breene and former mayor Luke Smith.
They’ve all had their counts of fraud dropped, but Mr Smith still faces two charges of misconduct before the QIRC related to the case.
Magistrate Steve Courtney told the court that the right decision was made.
“The prosecution’s decision to drop the charges is a proper decision,” he said, having presided over the two-week long committal hearing last November.
Former Division 11 councillor Trevina Schwarz (Pictured Page 1) expressed clearly that her vote to remove the council CEO back in 2017 was performance related and not fraudulent.
“I was fingerprinted, had my photo taken and charged with fraud because I voted not to extend the probation of the then-Logan CEO Sharon Kelsey, because I believed that she was not up to her position of around $500,000 a year,” she said.
“I have stood terrified by the prospect of a lengthy jail sentence for voting to my conscience and my strong belief, and on the legal advice of some of Queensland’s leading industrial lawyers.”
The defence argued that the prosecution needed to end because it was misconceived.
“I have lived through two years of torture and hell,” Schwarz said.
It has impacted the group’s job prospects, relationships, and personal health.
While the court papers reflect their innocence, the damage has already been done.
Former Division 9 councillor Phil Pidgeon is acutely aware that he may never shake the question of innocence that has tarnished his reputation so far.
The past two years nearly broke him.
“This has been a very, very harrowing experience, it’s been extremely soul destroying,” he said after the magistrate’s ruling.
“I’m an innocent man, I’ve never done anything wrong, as evidenced in court today.”
Dealing with the charge is one thing, but seeing his family dragged through abuse and insults in public is another.
“It’s taken a huge toll on our relationship and our family, more than what people can know,” he said.
A teary Robyn Pidgeon accompanied her husband out of the courtroom feeling overwhelmed, yet relieved.
“It’s just that they’re able to breathe and be confident that they are normal people, we’re not what people say we are,” she said.
“My kids were told their dad’s a criminal and he’s not.”
