NICK PAZOLLI has been ordered to hand over his recording of a fiery meeting between himself and Melville mayor Russell Aubrey that occurred nearly two years ago.
The recording played a central role in a court case involving Mr Aubrey, Melville CEO Shayne Silcox and Cr Pazolli, one of a small handful of councillors not on the mayor’s “team”.
Following the meeting—which the Cr Pazolli had recorded in secret—Mr Aubrey sought a violence restraining order, claiming threats had been made.
Mr Aubrey and Dr Silcox, who’d also been at the meeting, gave sworn testimony to the court about their version of events.
But when Cr Pazolli produced the recording, it showed no threats had been issued. The magistrate dismissed the VRO application.
Now, a Freedom of Information request has been lodged demanding the recording be produced.
Council FOI officer Bruce Taylor says Cr Pazolli must deliver to him the phone he recorded the meeting on “to proceed with verification of the originality of the record”.
Cr Pazolli says he’s been instructed to hand it over on the basis it relates to his role as a councillor and is therefore subject to FOI.
However, he notes that when he’d earlier sought access to council legal insurance during the VRO process Dr Silcox had rejected it on the basis it was a private matter.
“I’m tired of this harassment,” the weary Applecross-Mt Pleasant ward councillor told the Herald.
“This is injustice, it is extremely galling to be under threat for being in the right. I’m not the one who’s in the wrong here, but I’m being hounded and harassed as if I’m a criminal.”
He suspects this is the latest in a long line of ploys to drive him off council: he’s already been the subject of code-of-conduct complaints, one of which stemmed from the fact he’d had the temerity to criticise the council’s Budget.
He says if he refuses to hand over the recording he could face prosecution which could strangle him legally and financially over a long period of time, in addition to sucking up time and energy he’d rather spend representing constituents. A successful prosecution could force his removal.
Cr Pazolli says he’ll hand over the recording, as long as he’s given assurances his legal interests are protected and any expense is covered by council insurance.
The FOI request also demands “any emails, notes, records, phone records or details of conversations between Cr Pazolli and the Herald Newspapers” over an article in which Cr Pazolli was reported stating the removal of elected oversight of staff decisions increased the potential for unaccountability and corruption.
Cr Pazolli says that’s a simpler decision—there are no records to hand over.
by DAVID BELL