KINGSTON councillor Jane Agirtan has avoided conviction after being charged with breaching a personal safety intervention order.
Agirtan faced Moorabbin Magistrates’ Court on 20 June to answer the charge. The Magistrate offered Agirtan a two-week diversion to resolve the matter. To satisfy the court’s order Agirtan was told to make a $2000 donation to the Royal Children’s Hospital.
Intervention orders set to be heard on 20 June in relation to the matter were withdrawn.
Agirtan was charged with breaching an intervention order by failing to remove a reference to the complainant within 24 hours of the order being served.
Agirtan has been stood down from Kingston Council until the legal matter is resolved. She was stood down under section 229 of the Local Government Act, which states that a councillor is to be stood down if charged with an offence that is punishable by a period of imprisonment of at least two years for a first conviction. They will be reinstated once the charge is withdrawn or all proceedings in respect of the charge, including any appeal, are determined.
Agirtan’s legal representative argued that a one-day diversion should be offered so that the matter could be finalised and his client could return to council immediately.
“Ms Agirtan is an elected councillor for the ward of Chicquita in Kingston City. She can’t sit and represent that ward while that matter hangs over her head,” he said. “The interests of my client coincide with the interests of the people of her ward who voted for her to sit on council.”
The Magistrate did not agree to offer a single day diversion, telling the court “sitting in excess of 25 years I have never done it, and I’ve never heard it done.”
“I don’t have any particular view about or take issue with your client’s attitude towards the matter before the court, but you put me in such an invidious position that it makes me really unhappy,” she said. “I don’t really see why a special case should be made for your client because she is a local member.
“Causing me some measure of concern is the charge, by its very nature, is a serious charge. Anyone who breaches a court order should be filled with trepidation.
“It’s wracked me somewhat to say there’s been a breach, but also everyone agrees it’s quite minor and we don’t want anything to stop the accused from performing their public functions. You can’t have it both ways.”
A representative for the complainant asked for Agirtan to issue an apology, which was agreed to by Agirtan’s lawyer. Ultimately, the Magistrate only ordered for the donation to be made.
Another criminal matter in which Agirtan was the defendant was listed for 20 June, but was withdrawn by police.