David Penman wasn’t happy with his local Victorian council. So, he privately prosecuted five councillors

A Daylesford man who took legal action against the Hepburn shire mayor and other councillors has said his actions were an example of ‘democracy functioning through the rule of law’. Photograph: Alamy View image in fullscreen A Daylesford man who took legal action against the Hepburn shire mayor and other councillors has said his actions were an example of ‘democracy functioning through the rule of law’. Photograph: Alamy David Penman wasn’t happy with his local Victorian council. So, he privately prosecuted five councillors Legal action by the Daylesford small business owner has forced councillors to stand down – leaving only two able to serve Get our breaking news email , free app or daily news podcast David Penman wasn’t happy. The Daylesford small business owner didn’t like the work of his local council. So, using little-known laws that force elected officials to stand down, he essentially stopped it from making any big decisions. In the state of Victoria , any councillor facing a criminal charge must step down while the matters are dealt with in court, according to the Local Government Act 2020. Police claim breakthrough in Melbourne’s hospitality wars, alleging links to overseas crime figure Read more While Penman is no police officer, the resident has launched private prosecutions against the Hepburn shire mayor, Tony Clark, and councillors Shirley Cornish, Lesley Hewitt, Pat Hockey and Don Henderson – along with the council’s CEO, Bradley Thomas. Only two of seven councillors are now able to serve. Most of the charges relate to allegations that the council acted unlawfully by adopting its most recent budget without including necessary financial documents. Penman said his actions were an example of “democracy functioning through the rule of law”. “Democracy does not mean elected representatives are immune from the law. Democracy requires elected representatives to obey it,” he wrote in a social media post on Monday. Sign up for the Breaking News Australia email “Private prosecutions exist precisely because public officials must remain accountable,” he wrote in a previous post. His post went on to allege that councillors “adopted a blank-sheet budget. They failed to demand the legally required documents. They accepted assurances at face value. The budget then changed materially after their vote and does not resemble what they thought they had approved.” On Monday, Hepburn Shire Council issued a statement saying the private prosecutions were “disrupting democracy”. “The matters are proceeding as private prosecutions and, like the previous charges, have not involved any investigation, fact‑finding process, or assessment by Victoria Police or any public prosecutorial authority,” the spokesperson said. “Council is limited in what it can say publicly about these charges since they are before the courts. Council can say that it is bitterly disappointed with the impact that this individual’s actions are having on our community and its right to be r