Wingecarribee Shire Councilor Duncan Gair

Defying Defamation for exposing the zionist criminals in Wingecarribee Shire Council
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Wingecarribee Shire Councilor Duncan Gair

Postby SouthernHighlandsCorruption » Mon Aug 12, 2019 10:07 pm

Wingecarribee Shire Councilor Duncan Gair

Hi Ms Lidgard,

In putting together my defence with regards to the malicious and vexatious defamation action brought against me by the mayor and deputy mayor of the Wingecarribee Shire Council, I’ve uncovered undeniable and irrefutable evidence of Duncan Gair’s long-term systemic corruption.

In 2012, Jock Sowter, the lineal descendent of the Coomungie developer, Murray Sowter, spent two months as the Campaign Assistant for Duncan Gair’s re-election campaign, “Keep Duncan Gair There” (see attached pages of Jock Sowter’s LinkedIn page). Over the next 7 years, Duncan Gair failed to declare Jock Sowter’s major role in his election campaign, only ever declaring the most minimal of conflicts “the Sowter family handed out pamphlets at pre-polling 2012”, or “the applicant (Murray Sowter) had political advertising (of Gair’s) on his property”. Clr Gair was then able to vote for and debate on motions about Coomungie when the matter came before council numerous times over the years by nominating his conflict with the Sowters as a “less than significant non-pecuniary interest".

In fact, the Sowter’s had not only been long-term close friends of Duncan Gair for decades (something the current mayor never nominated in 10 years of Coomungie motions brought before council), Clr Gair never once declared Jock Sowter’s role as his Campaign Assistant, Jock being the son of Murray Sowter, a developer who on-sold Coomungie to Chinese interests in 2018 for FORTY-FIVE MILLION DOLLARS.

Now you’ve got to ask yourself this very important question, Why would the son of a developer want to work for two months on an election campaign to “Keep. Duncan. Gair. There”?


Is it because the family were close friends and wanted to support their “mate” in his bid for reelection? If that’s the case, why didn’t Clr Gair nominate them as friends and then declare the major conflict of interest, thereby refraining from voting and debating on motions before council concerning Coomungie for 10 years from 2007 to 2017 (see attachment Timeline - Gair and Coomungie Conflicts)?

Maybe Jock Sowter was honing his skills in supporting candidates at election. After all, he was the Campaign Assistant for Alan Hay for Throsby at the 2010 Federal elections, the Social Media Manager for Angry Anderson’s election for Throsby in the 2013 Federal elections, the Social Media Manager for John Barilaro’s election campaign for Monaro in the 2015 State elections, and the Social Media Manager for Melinda Pavey’s election campaign for Throsby in the 2015 State elections.


But even if that’s the case, and Jock Sowter was indeed making a career out of supporting “Nationals’” candidates at various elections both state and federal, he was still the lineal descendent of Murray Sowter, a developer who stood to realise a FORTY-FIVE MILLION DOLLAR sale of his property in 2018, and someone who was a long-term close friend with Clr Duncan Gair for 50 years (at the time of writing). Right from the very beginning of Coomungie being nominated at council level for rezoning from farmland to residential, Clr Gair should’ve declared the development a PECUNIARY INTEREST.

But this is what he did instead. For 10 years from 2007 to 2017, Clr Gair failed to properly declare the Sowter family and the Coomungie development as a major conflict of interest, and in doing so, he voted in favour of the Coomungie development at every opportunity, he moved motions in support, he put forward amendments in support, he talked up the Coomungie development in the media, in the local paper, on 2ST, while also debating at open council in favour of his “friend’s” development for TEN. LONG. YEARS.

I’ve got scores of documents that prove this beyond a shadow of doubt.

Clr Gair’s conduct regarding the Sowter/Coomungie development constitutes systemic corruption on a large scale by a three-time mayor who really should know better.

In fact, Duncan Gair does know better, going by the witch hunt he conducted against Clr Jim Mauger over a four year period starting in 2009.

Clr Mauger was up on charges of five Code of Conduct violations, all of them initiated by Clr Gair. During the time Clr Gair was “going after” Clr Mauger, even going so far as to report his conduct and behaviour to the Office of Local Government and Icac, Duncan was committing acts of systemic corruption in failing to declare a long-term friendship with the Sowter family.

Indeed, when the 2012 elections came round, and after Duncan had officially resigned from council, all of a sudden he makes a bid for re-election, and who should he have on his campaign team in a major pecuniary role?

None other than the lineal descendent of his long term mate, Murray Sowter.

The son of a developer.


A developer who would go on to sell his rezoned farmland for FORTY-FIVE MILLION DOLLARS.

A rezoning submission that Clr Gair voted in favour of FOR TEN-LONG YEARS.

In defending myself against such a deceitful and duplicitous character like our current mayor, I’ve intimately familiarised myself with 15 years of council meeting minutes and agendas, and Jim Mauger has made available thousands of documents from the Supreme Court action he had to undertake to help clear his name.

In fact, that’s exactly what he did.

After being found guilty (by the council) of four of the five charges of Code of Conduct violations that Clr Gair instigated (using the corrupt sole reviewer, Esther Mckay – see attached review), the Supreme Court of NSW ultimately determined that out of the five alleged Code of Conduct breaches against Clr Mauger, only one of them could be proven true by the highest court in the state.

That one Code of Conduct violation was where Clr Mauger called Clr Gair a maggot.

Which is ironic, really. It now turns out he’s a political degenerate and brazen fraudster (based on the scores of documents I’ve sourced that show he’s nothing but a CROOK and a RACKETEER).

And that’s what I called him in the parody song he’s been suing me for the last two-and-a-half years. A CROOK and a RACKETEER. A court action that’s destroyed my life, when all I did was tell the truth.

I’ve attached the corrupt sole reviewer’s report regarding the witch hunt against Clr Mauger, and in the document, there’s plenty of instances of hypocrisy and double standards, proving the whole matter was a stitch-up from the very start, and one that was originally brought about by Mayor Gair.

On 14 September, 2011, the sole reviewer’s report was submitted at a council meeting as a General Manager’s report, and surprise, surprise, Clr Gair moved the following motion –

“THAT Council resolve that Councillor James Mauger has breached Council’s Code of Conduct on more than one occasion as found by Council’s Code of Conduct Committee, sole reviewer, Mrs Ester McKay, in report dated 25 August 2011.”

There’s one major problem here.

At the time, Clr Gair had not only breached the council’s strict Code of Conduct regulations by not declaring Murray Sowter and Coomungie development a major conflict of interest (pecuniary) on numerous occasions when motions came before council about the development, Clr Gair would continue to breach the Code of Conduct regulations regarding Coomungie declarations of interest FOR THE NEXT SIX YEARS, AND MORE THAN A DOZEN TIMES.

The second part of the same motion concerned the following –

“THAT Council confirm the findings in the report of the Conduct Review Committee, sole reviewer, that four (4) of the five (5) allegations have been sustained and are detailed as follows:

(i) Unauthorised travel and expenses claim for $700 to attend the 2008 Lachlan Shire Council Election Dinner at Condobolin. Sustained under policy as set out in 101/5 Payment of Expenses and Provisions under Section 252, 253, and 254 of Local Government Act 1993 General Provisions, 1.1(c) General Conduct Obligations.
6.1a) contravenes the Act, associated regulations, council’s relevant administrative requirements and policies.”

So while Clr Gair was vigorously pursuing Clr Mauger for an unauthorised claim of $700, he’s secretly voting in favour of the Coomungie development from 2007 to 2010, without (properly) disclosing to the council (or the community) that he was a long-term friend of the owner of Coomungie, a developer who would end up selling his rezoned farmland for FORTY-FIVE MILLION DOLLARS.

And at every opportunity, Clr Gair voted for his “very good friend’s” development whenever motions came before council, and didn’t stop voting for the development until 2017, when the councillor was finally confronted with the fact that the Sowters and Coomungie were indeed a PECUNIARY INTEREST.

Now, in trying to have the sole reviewer’s report acted upon, and in attempt to have Clr Mauger punished for his alleged Code of Conduct violations, Clr Gair must have read the report in full.

Here’s some aspects of the report that show Duncan Gair is a duplicitous fraud, and a hypocrite with serious double standards in his determination to destroy the political career of Clr Jim Mauger –

Honesty –

You have a duty to act honestly. You must declare any private interests relating to your public duties and and take steps to resolve any conflicts arising in such a way that protects the public interest. This means obeying the law; following the letter and spirit of policies and procedures; observing the code of conduct; fully disclosing actual or potential conflict of interests and exercising any conferred power strictly for the purpose for which the power was conferred.

General Conduct Obligations –

You must not not conduct yourself in carrying out your functions in a manner that is likely to bring the council or holders of civic office into disrepute. Specifically, you must not act in a way that –

(c) is improper and unethical

Let’s face it, Ms Lidgard, and once again referring to the attached timeline of Clr Gair’s failure to properly declare the Sowter family and the Coomungie development as a major conflict of interest (pecuniary) for 10 years from 2007 to 2017, the current mayor of our shire was dishonest, misleading, improper and unethical.

And yet, here Duncan was, back in 2011, pushing for the council to find Clr Mauger in contravention of the very code of conduct regulations he went on to contravene numerous times in the years that followed.

Ms Lidgard, I know what your response to my correspondence will be. You’ll state for the record that you don’t identify any wrongdoing on the part of Mayor Gair, even though the writing’s on the wall.

And that’s because the whole council, including every single councillor and senior manager, is corrupt to the core. For you and your colleagues to acknowledge Clr Gair’s long-term systemic corruption, would open a Pandora’s Box of entrenched malfeasance, and in all likelihood would force the council into administration.

I must warn you, Ms Lidgard, that if you fail to properly address my credible complaints of Clr Gair’s corruption (backed up irrefutable documentary evidence), then you are in contravention of the council’s charter, the Local Government Act of 1993, the ICAC Act of 1988, the council’s Fraud and Corruption Prevention Policy and the council’s zero tolerance to corruption policy.

And should you fail to properly address and act on my credible reports of Clr Gair’s long-term systemic corruption, I intend to sue you for substantial damages in the District Court of NSW.

Lest I remind you, that by failing to properly fulfil your duties as the Manager Governance, and by acting unlawfully, you are not covered by the liability insurance the council has in place with regards to litigation.

And any court action that is found against you, will mean you have to pay the substantial damages (and the cost of the litigation) out of your own pocket.

Please choose wisely the direction you take with regards to this email of complaint.

Regards,

Adam Greenwood

FYI –

Crook (n) – a very dishonest person, especially a criminal or a cheat

Racketeer (n) – someone who makes money from a dishonest or illegal business activity

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Re: Wingecarribee Shire Councilor Duncan Gair

Postby SouthernHighlandsCorruption » Tue Aug 20, 2019 8:08 pm

Hi Ms Lidgard,

Please find below the start of my submissions to the District Court of NSW with regards to Clr Duncan Gair’s long-term systemic corruption.

All information sourced about Clr Gair’s corrupt conduct and behaviour is available in the public domain, and can be accessed by any member of the public.

As part of my ongoing investigation of Clr Gair, I’ve discovered that he has recently committed the very serious offence of Obstruction of Justice – aka Attempting to Pervert the Course of Justice. I’ll be forwarding details of that offence in a email to follow.

As the Manager Governance at Wingecarribee Shire Council, you have a clearly defined responsibility to put the best interests of the Shire ahead of anyone or anything else. I encourage you to reacquaint yourself with the Council’s Charter, the Councillor Code of Conduct regulations, the WSC’s Fraud and Corruption Prevention Policy 2019, the WSC’s Zero Tolerance Towards Corruption Policy, and most importantly, the council’s policy of maintaining probity – accountability, transparency, and integrity.

In previous correspondence, you threatened me with defamation for calling into question your honesty and integrity as defined by your role. You also threatened to call the police and contact the Office of Local Government (OLG).

I’m happy for you to contact those regulatory bodies, in fact, I encourage you to contact them immediately. Insofar as threats of defamation, I welcome all litigation.

Once again I must inform you, that if you fail to undertake a thorough investigation into my complaints of Clr Gair’s illicit conduct and behaviour using proper protocol and procedure, then you are in dereliction of your duty, and I intend to sue you for substantial damages. Based on the Australian Constitution, I have every right to expose you for corrupt conduct in your failure to properly manage governance, and this is backed up by two High Court of Australia precedents.

Signed, Adam Greenwood

Questions submitted to the District Court of NSW –

1. In the lead up to the 2012 election, Duncan Gair employed Jock Sowter as his Campaign Assistant for two months prior to the polling. Why didn’t Duncan declare the son of the developer, Murray Sowter, as a pecuniary interest, considering Clr Gair then went on to vote in favour the Sowter property development at council dozens of times in the next five years in open council, which ended up profiting the Sowter family $45,000,000 after their 100 acre farm was rezoned as residential and was ultimately sold to Chinese interests in 2018?

2. Why did Duncan Gair lie to the council and the community in 2017 when confronted with evidence of a major conflict of interest with regards to the Sowters, after he told an open council meeting that there was no conflict with the Sowters, when in fact, Jock Sowter had been his Campaign Assistant in the lead up to the 2012 council elections, a major pecuniary interest?

3. Why did Clr Gair downplay the role the Sowter family played in supporting his election campaign in 2012 by stating in a Declaration of Interest in 2013 that “Mr J Souter’s (sic) family handed out how to vote pamphlets during the election”, when Jock Sowter was actually Clr Gair’s campaign assistant for 2 months prior to the election, an election campaign that was titled Keep Duncan Gair There?

4. Why would the son of a developer that went on to sell his Coomungie property for $45,000,000 with the support of Clr Gair want to “Keep Duncan Gair There”?

5. In a 2017 Declaration of Interest, Clr Gair nominated the developer, Murray Sowter, as someone he’d known for 50 years when they were in fact long-term friends and much closer than Clr Gair intimated. Why did Clr Gair fail to nominate Mr Sowter as a pecuniary interest (a major conflict) when he voted on motions before council regarding Mr Sowter’s Coomungie property on 27 January, 2010, 23 June, 2010 and 14 July, 2010?

6. Why would Clr Gair declare his own son as a pecuniary interest (a major conflict) in August 2012 due to his role at Bowral Golf Club and abstain from debating and voting on a motion about the club, when he failed to properly declare the Sowters as a major conflict of interest having had the developer’s son on his campaign team in such a major role as Campaign Assistant?

7. Why didn’t Clr Gair declare the Sowter family as a major conflict of interest at a meeting on 24 October 2007 when a motion about their property Coomungie came up before open council, when at the time he’d been a long-term friend of Murray Sowter for 40 years?

8. Why didn’t Clr Gair declare the Urban Release of Coomungie a major conflict of interest on 9 December, 2009, when a matter about the development came before council, and especially when he voted in favour of the Sowter’s development?

9. On 14 August, 2013, Clr Gair declared the Sowter development a non-pecuniary interest when a motion came before council, but then on 9 October, 2013, when another motion about Coomungie came before council, Clr Gair failed to declare any conflict whatsoever. In fact, he even put forward an amended motion before the council about the development, while again not declaring a major or minor conflict?

10. Why did Clr Gair declare a major conflict of interest about the Coomungie development during a meeting at council on 11 December, 2013 due to the fact he was the JRPP delegate, when he failed to declare the Sowter development as a major conflict after Jock Sowter supported his campaign in such an official capacity at the 2012 elections for 2 months prior to the election?

11. On 9 December, 2015, Clr Gair failed to declare a major conflict of interest regarding the Coomungie development in a motion before council, either as the JRPP delegate, or due to fact that Jock Sowter was his Campaign Assistant in the lead up to the 2012 elections? In fact, he failed to declare any conflict of interest whatsoever after he’d declared the Sowter family a non-pecuniary interest just two years prior?

12. On 8 June 2016, Clr Gair declared the Sowter family a non-pecuniary interest with regards to a motion before council about Coomungie by stating he’d known Murray Sowter for 50 years, but hadn’t spoken to him for 4 years. a) Was Clr Gair in contact with his son, Jock in those four years? b) If so, this would be considered a major conflict of interest as Jock Sowter was the councillor’s Campaign Assistant during the lead up to the 2012 elections, making Duncan Gair’s association with the whole family a major pecuniary interest. Why didn’t Clr Gair properly declare the Sowter’s as a major conflict of interest?

13. On 8 March, 2017, Clr Gair finally declared the Sowter family and the Coomungie development a major conflict of interest after a concerned constituent wrote to the WSC GM, Ann Prendergast. From that moment on, Clr Gair refrained from debating or voting on motions before the council about Coomungie after he stated in open council, “there is a public perception that he may have some sort of interest in this item – namely, the Coomungie development and his long-term friendship with the developer, Murray Sowter? a) Why did Clr Gair mislead the council and community about his relationship with the Sowter family after Jock Sowter, a lineal descendant of the developer, campaigned for Clr Gair over two months in the lead up to the 2012 elections? b) Why did it take him 5 years to finally admit that there was a major conflict after the family did more than just hand out pamphlets for Clr Gair at the 2012 elections? c) Why did Clr Gair so vehemently pursue Clr Mauger over a number of years for alleged Code of Conduct violations while misleading the council and the community as to the real relationship he had with the Sowter family and the major conflict of interest it was for the councillor when voting and debating on motions concerning the Coomungie development?

14. On 24 May, 2017, and at a council meeting, Clr Gair again declared the Coomungie development and the Sowter family a major pecuniary interest, and even though he called it a less than significant non-pecuniary interest, he still refrained from debating and voting on the motion and he left the chamber. Clr Gair stated “he had election posters on one of the applicant’s paddocks”, without actually naming the Sowter family, and without declaring the major conflict of interest from 2012 when Jock Sowter was the Campaign Assistant in the lead up to the council elections. a) Why did Clr Gair so demonstrably mislead the council and community concerning this major conflict of interest? b) Why didn’t Clr Gair nominate applicant as a long-term friend of 50 years like he had on 8 June, 2016?

15. Once again, on 14 June, 2017, Clr Gair again failed to properly declare the Sowter family as a pecuniary interest (instead calling it a less than significant non-pecuniary interest), while telling the council that one of the “owners” allowed him to place election signs on his property in the lead up to the 2012 elections, when prior to that, he’d stated the Sowters had handed out pamphlets at the 2012 election only. a) Why did Clr Gair mislead the council again? b) Why didn’t Clr Gair declare Jock Sowter’s role in his 2012 election campaign, Keep Duncan Gair There?

16. On 13 September, 2017, a motion about the Coomungie development came up before council. At this meeting, Clr Gair not only failed to declare any form of conflict, either pecuniary or non-pecuniary, he even moved the motion itself. a) Why didn’t Clr Gair declare the Sowter family and Coomungie a major conflict of interest after he’d done so on 14 June, 2017, 24 May, 2017 and 8 March, 2017? b) How could a councillor of nearly 20 years experience NOT properly declare a major conflict concerning a motion before council, when (over the years) he’d chastised so many other councillors who failed to comply with the very strict WSC Code of Conduct obligations, especially those that concerned the proper declarations of pecuniary interests?

17. On 8 November, 2017, less than a month later, Clr Gair went back to declaring the Coomungie development a less than significant non-pecuniary interest, when in fact, the conflict was pecuniary, and he was meant to leave the chamber while the debating and voting took place. In fact, he ended up staying in the chamber and voting on the motion in the negative, while trying to inform the chamber that he was abstaining from voting. But because the Clr Gair hadn’t absented himself from the vote, he actually ended up voting on a motion he’d declared as a major conflict of interest. a) How could a councillor with 20 years experience and expertise as an elected official make such a simple mistake in staying in the chamber while the vote took place, in contravention of the Declaration of Interests obligations that all councillors should be fully aware of? Why didn’t Clr Gair declare the major conflict with regards to Jock Sowter being his Campaign Assistant at 2012 elections?

18. On 27 April, 2016, Clr Gair declared a motion before council a non-pecuniary interest, and nominated two of his children as a conflict regarding Welby Hockey Field. Why would Clr Gair nominate his children as a minor conflict, but then fail to declare Jock Sowter’s major involvement with election campaign of 2012?

19. On 9 February, 2011, Clr Gair nominated a minor conflict of interest with regards a motion that came before council “because his brother lives next door to the business”. However, he left the chamber as if it was a major interest and refrained from debating and voting on the matter. Why would Clr Gair declare such a minor conflict in 2011, one that forced him to not debate or vote on the motion before council, only for him to fail in declaring Jock Sowter’s role in his 2012 election campaign for 5 years from 2013 to 2017?

20. On 14 October, 2015, Clr Gair refrained from voting and debating on a motion before council that concerned a development in Bong Bong St, Bowral. Once again, he called it a less than significant non-pecuniary interest, but still chose to leave the chamber when the matter came before council. Clr Gair stated for the record (that) the conflict occurred because he was in the same business as the applicants. At the time, the businesses were 24 kms apart. Why did Clr Gair declare a business quite a distance away from his own as a major conflict, but fail to declare Jock Sowter as his Campaign Assistant in 2012 elections for four years after the elections took place?

21. On December, 2012, Clr Gair declared a non-pecuniary interest for a motion before council because “his son’s partner works for the consultancy group”. He left the chamber and abstained from voting on the motion, which (in essence) is the same as declaring a pecuniary interest, a major conflict. If Clr Gair (in the same year as the 2012 election) nominates such a minor conflict as a major conflict, why didn’t he go on to declare Jock Sowter’s major role in his election campaign, Keep Duncan Gair There for four years following his re-election to council?

22. On 26 June, 2013, Clr Gair declared a non-pecuniary significant interest in a motion before council concerning the Bundanoon Markets. Clr Gair refrained from debating and voting on the motion because “he wrote a letter of support for the operator of the development “. Why would Clr Gair nominate this motion as a major conflict, forcing him to refrain from voting and debating on the matter, while not declaring Jock Sowter as a major conflict of interest due to his role as Clr Gair’s Campaign Assistant for two months prior to the 2012 council elections?

23. On 27 May, 2009, Clr Gair declared a major conflict of interest regarding a motion before council concerning a Plant Equipment Hire Yard at Braemer because of his “friendship with the applicant” and because he had “his election posters on the applicant’s property for the last council elections”. He left the chamber, took no part in the debate and refrained from voting thereon. a) Why did Clr Gair nominate a long term friendship with this applicant, but fail to properly declare his 50 year friendship with Murray Sowter (and the Sowter family) at any motions before council concerning Coomungie in the next 8 years? Indeed, Clr Gair on a number of occasions (in the ensuing years) nominated Murray Sowter as someone he’d known for 50 years, but without alluding to the fact he was a close personal friend of the developer. After all, the developer’s son played a major part in Clr Gair’s reelection bid at the 2012 elections as the Campaign Assistant. b) If, in 2009, Clr Gair declared a non-pecuniary interest (a major conflict) regarding his friendship with an applicant (Braemer Hire Yard), while also admitting to having his election posters on the applicant’s property (necessitating the councillor to refrain from voting and debating on the motion), why didn’t Clr Gair declare his friendship with Murray Sowter (and the fact the councillor had posters on Mr Murray’s property in the lead up to the 2012 elections) on the following dates when motions about Coomungie came before council – 14 August, 2013; 9 October, 2013; 11, December, 2013; 9 December, 2015; 8 June, 2016; and 22 June, 2016

24. On 26 April, 2007, Clr Gair declared a pecuniary interest in relation to “the land in Fitzroy Falls as he resides in the area”. He took no part in the debate and refrained from voting thereon. At a meeting on 9 May, 2007, Clr Gair again nominated the same land as a pecuniary interest, and left the chamber when the motion was debated and voted on. a) Why did Clr Gair declare such a major conflict regarding land he resides near in 2007, but then fail to declare Jock Sowter’s official role in his re-election campaign of 2012? b) Surely having the son of a developer as his campaign assistant at the 2012 elections is a far greater conflict of interest, than a motion before council concerning a block of land that he happens to live near. How could Clr Gair make such contradictory decelerations of interest concerning the two matters?

25. On 28 May, 2008, Clr Gair declared a major conflict of interest (pecuniary) regarding changes to the policy involving “Severed Lots”. The councillor stated for the record that “a casual employee of has a pecuniary interest and therefore a financial benefit”. Clr Gair absented himself from the council chamber when the motion was moved. a) Why did Clr Gair declare a casual employee’s financial benefit as a conflict in 2008 in such great detail, but then fail to declare his campaign assistant at his 2012 re-election bid as any benefit at all, when in fact, Jock Sowter was so instrumental in Clr Gair’s re-election to the council, the councillor was paid wages over the following four year period, in which he received “financial benefit” as part of his remuneration? b) At a council meeting prior to making this very important declaration of interest regarding a casual employee, Clr Gair nominated the property of “an adjacent landowner” as a major conflict of interest (pecunairy), absenting the chamber when that motion was brought before council. Why was Clr Gair so confident and definitive in his decelerations of conflict in 2008 using proper protocol and procedure, when he failed to declare a major conflict in 2012 regarding the son of a developer, and the lineal descendent of a life-long friend and fellow member of the Nationals Party Southern Highlands sub-branch? c) Indeed, prior to both those motions coming before council in early 2008, Clr Gair declared a pecuniary interest on 2 April regarding amendments to the Food Act and the Food Regulation Act “he is a shop owner and is directly affected by the increase in fees”, thereby acknowledging a major conflict as a “financial benefit”. While this conflict was nominated as such on Page 3 in the council meeting minutes – Declarations of Interest (prior to the commencement of the meeting), when the motion was finally moved in the meeting itself, Clr Gair withdrew his declaration of interest because “the fees are included in Council’s Schedule of Fees and Charges which apply across the shire”. How was Clr Gair so fundamentally aware of a potential pecuniary interest in 2008, when in 2012 and beyond, Clr Gair so demonstrably failed in declaring Jock Sowter’s support for his re-election to council as a major conflict? d) Did Clr Gair receive any inducements from the Sowter family, after which he willingly and knowingly minimised his relationship with the owners of Coomungie, thereby allowing the councillor to vote in favour of the development in the next ten years of motions before council?

26. On 9 December, 2009, Clr David Stranger declared a motion before council regarding Coomungie as a major conflict of interest (pecuniary) because his business managed the homes on the property. He vacated the chamber when the motion was moved, quite rightly choosing not to debate and vote on the matter. As of 2008, Clr Gair had been friends with Murray Sowter, the owner of Coomungie, for 40 years. a) Why didn’t Clr Gair declare a major conflict of interest with regards to the same Coomungie motion before council, after he’d nominated major conflicts of interest the previous year involving “a casual employee” and the owner of a property that was “adjacent” to his own? b) Why didn’t Clr Stranger’s declaration of a major conflict with Coomungie prompt Clr Gair to declare his own conflict regarding the Coomungie motion, considering Clr Gair was so assiduous in declaring pecuniary interests in 2008 on 2 April and 28 May? c) On 9 October, 2008, Clr Stranger nominated Chelsea Gardens a pecuniary interest as part of a motion before council, listing aspects of the conflict in even greater detail. Not only was Chelsea Gardens a major conflict for the councillor because “his business manages residential tenancies on adjoining properties, Coomungie and Park Leigh”, Clr Stranger went so far as to declare the owner of the Chelsea Gardens a “competitor and colleague”. Why wasn’t Clr Gair as open and honest about his 40 year friendship with the owner of the adjoining property, Coomungie, and the fact that Clr Gair and Mr Sowter were fellow members of the Southern Highlands chapter of the Nationals Party?

27. On 22 April, 2009, declared a major conflict of interest with regards to a motion before council “as Mrs Leah Day had run on his ticket at the last last Council elections”. Clr Gair “left the chamber, took no part in the debate and refrained from voting thereon”. The motion that was moved in Clr Gair’s absence recommended “THAT historian Mrs Leah Day, in advisory capacity, be invited to attend the meeting with Aldi on Friday, 24 April, 2009, together with the Mayo Clr T D Gair and the Director Environment and Planning”. a) Why did Clr Gair quite rightly declare Dr Day’s involvement with the Aldi motion before council a major conflict of interest, but then fail to declare the same major conflict of interest two day’s later when they both attended the meeting with Aldi representatives? b) As the mayor at the time, why didn’t Clr Gair show an even more heightened sense for awareness about properly declaring pecuniary interests? Indeed, the councillor declared a major conflict of interest on 22 April, 2009, regarding Dr Day, but then failed to declare the conflict in his official capacity as mayor two days later. c) Why would Clr Gair nominate a running mate on his election ticket in 2008, but fail to declare Murray Sowter, a long-term friend and property developer, as a major conflict of interest when motions about Coomungie came before council during the same term of council on 24 October, 2007; 9 December, 2009; 27 January, 2010 and 24 June, 2010? d) Two years later, on 26 October, 2011, Clr Gair again nominated Dr Day as a conflict of interest, but this time “he remained in the chamber, took part in the debate and voted thereon”. According to the Local Government Act 1993 and the ICAC Act 1988, when an elected official declares a pecuniary interest and leaves the chamber, and refrains from voting thereon, they are obligated by law to declare the same declaration whenever the conflict arises in the future. Why did Clr Gair declare the conflict regarding Dr Day as a more minor conflict on 26 October, 2011, after he’d declared a much more serious conflict with regards to Dr Day on 22 April, 2009? And why did Clr Gair go so far as to second the motion at the meeting on 26 October, 2011, when he had no right to even be present during the motion having declared Dr Day’s involvement in the motion 22 April, 2009?

28. On 24 April, 2012, Clr Gair was forced to apologise in open council for an oversight in that “he was remiss in that he did not declare a less than significant non-pecuniary interest in relation to the address by Dr Leah Day in Public Forum, as he was a running partner of hers at the previous council elections (2008)”. a) Not only was Clr Gair remiss in not declaring an interest about Dr Day on 24 April, 2012, he was in contravention of the law with regards to strict declaration of interest requirements when he downgraded his conflict from a “non-pecuniary interest” (leaves the chamber), to the more minor conflict “a less than significant non-pecuniary interest” (remains in the chamber). How can an elected official like Clr Gair – with nearly 20 years experience as a councillor – be remiss and apologetic for forgetting to declare a major conflict of interest, only to then declare the interest less than what he declared for the original conflict declaration, in contravention of the council’s strict code of conduct requirements? b) On 9 May, 2012, and as part of Questions from the Public, Clr Gair declared Dr Day’s question to the meeting a “less than significant non-pecuniary interest” due to the fact she was his running mate at the pervious council elections. Clr Gair remained in the chamber when the question was asked. Why did Clr Gair nominate a less than significant non-pecuniary interest on this occasion, when on 22 April, 2009, he declared Dr Day’s conflict a non-pecuniary interest, at which time he left the chamber, took no part in the debate, and refrained from voting thereon? c) On 14 August, 2013, the following question was put to Clr Gair as per Questions from the Public. Why has Clr T D Gair not made a declaration of interest in relation to the Mittagong Bowling Club, as Dr Leah Day was noted as being on the same ticket as Clr Duncan Gair during a past election campaign? Clr Gair’s response was “that during the (4) four years of the previous council he made declarations of interest where required”. How can Clr Gair mislead the council in stating he’d properly declared conflicts of interest in the council term – 2008 to 2012 – when in fact, Clr Gair failed to declare a major conflict of interest with regards to the Sowter family being close long-term friends when motions about Coomungie came before council on 24 October, 2007; 9 December, 2009; 27 January, 2010 and 24 June, 2010? If on 14 August, 2013, Clr Gair stated in open council that “he made declarations of interest where required”, why hasn’t Clr Gair ever nominated Jock Sowter’s role as his campaign assistant at the 2012 elections from 2012 to 2019? Wouldn’t having the son of a developer as his campaign assistant be as much of a conflict of interest, as the conflict nominated by Clr Gair with regards to Dr Day as his running mate on 22 April, 2009?

29. On 13 July, 2016, Clr Gair declared a less than significant non-pecuniary interest with regards to an application for a development because “he knows one of those with a pecuniary interest in the development, namely Clr Uliana, who he has supported on many of his DAs”. From 2007 to 2018, Clr Gair failed to properly declare his long-term friend, Murray Sowter as a “developer”. From 2012 to 2019, Clr Gair failed to declare Murray Sowter’s son, Jock, as a major conflict of interest, after the lineal descendent of the developer supported his campaign for re-election in 2012. Why, on 13 July, 2016, did Clr Gair admit to supporting a well known developer (John Uliana) while nominating that fact as a conflict of interest, but fail to inform the community, that for over a decade, he supported another developer (Murray Sowter) in exactly the same way, and without properly informing the council and the community?

30. On 27 March, 2017, Clr Gair declared a less than significant non-pecuniary interest with regards to Gordon Lewis because “(he) was a running mate in the 2016 Council Elections.” Clr Gair remained in the chamber, took part in the debate and voted on the matter. Why did Clr Gair nominate such a minimal conflict of interest regarding his running mate, Gordon Lewis at a council meeting in 2017 (thereby remaining in the chamber when the motion came before council), when on 22 April, 2019, he declared his running mate at the 2008 elections, Dr Day, as a major conflict of interest (thereby necessitating he leave the chamber, take no part in the debate, and refrain from voting thereon?

31. On 14 March, 2018, Clr Gair declared a less than significant non-pecuniary interest with regards to a development before council that involved his “son and daughter in law”. Clr Gair left the chamber, took no part in the debate and refrained from voting on the matter”. Why did Clr Gair declare a “less than significant non-pecuniary interest”, when as the lineal descendent of a councillor, the conflict with regards to Clr Gair’s son was a significant pecuniary interest? Why did Clr Gair nominate his son’s conflict as one that would necessitate him leaving the chamber and not voting on the matter, when he failed to nominate Jock Sowter as his campaign assistant at the 2012 elections, at all, ever, from 2012 to 2019?

32. As part of Clr Gair’s 2016 re-election campaign, The Common Sense Team, he made the following statement on a political advertising brochure – “Since 1995 (…), I have served the community in an honest, fair and dedicated manner”. How could’ve Clr Gair made such a statement at the time, when during the 2012 to 2016 council term, he failed to inform the community of Jock Sowter’s significant role as his campaign assistant in the lead up to the 2012 elections, a role Jock Sowter performed for two months before the polling day? How is it common sense for a councillor seeking re-election to so blatantly lie to the community in failing to declare Jock Sowter’s prominent role in his re-election bid in 2012?

33. On June 1, 2016, the Southern Highland News reported on the announcement of Clr Gair’s election ticket. The opening paragraph of the article states the following – “Credibility, honesty and commitment” were the words Councillor Duncan Gair used to describe his team for the 2016 council election.” Other quotes by Clr Gair about his team included, one “the community could have confidence in” and “a confidence in honesty, commitment and fair-mindedness is what the team is promoting” and “we have real focus on what is best for the community”. a) Why did Clr Gair promote his credibility and honesty in the lead up to the 2016 election, when he’d failed to be credible and honest in declaring Jock Sowter’s major conflict of interest as his campaign assistant in the lead-up to the 2012 elections? b) Why did he mislead the community about Jock Sowter’s role in 2012, while still telling the electorate in 2016 that his team was one “the community could have confidence in”? c) Why did Clr Gair state that the real focus of his election ticket was what’s best for the community, when he was being so deceptive and duplicitous by not properly informing the community about Jock Sowter’s major role in his re-election bid of 2012?

34. On 14 June, 2017, Clr Gair declared a “less than significant non-pecuniary interest" regarding a motion before council about the Coomungie development. Without naming the developer, Murray Sowter, as a friend, and without declaring the son of Murray Sowter as the campaign manager of his re-election bid in 2012, Clr Gair nominated the conflict of interest because “he had some political advertising signs on one of the owner’s properties”. Clr Gair then abstained from voting and debating on the motion (the equivalent of declaring a major conflict of interest – pecuniary). On 13 September, 2017, a motion came before council that (in part) concerned the Coomungie development. Clr Gair not only failed to declare any conflict whatsoever, he moved the motion that involved the Coomungie matter. On 8 November, 2018, a motion came before council concerning the Coomungie development and Clr Gair declared “a less than significant pecuniary interest”. Clr Gair stated he would remain in the chamber when the matter was discussed, and take part in the voting and debating thereon “only if it is in the affirmative”. a) On three occasions in the space of 6 months, and with regards to the Coomungie development, Clr Gair left the chamber when a motion came before council the first time, failed to declare an interest the second time, and then illegally voted on the development the third time. Based on Clr Gair pursuing Clr Jim Mauger for numerous Code of Conduct violations from 2009 to 2013 (costing the council hundreds of thousands of dollars to prosecute), why was Clr Gair allowed to violate the same Code of Conduct regulations with regards to strict Declarations of Interest requirements? b)Why didn’t Clr Gair (at the time of these infractions) nominate Jock Sowter’s prominent role in his 2012 re-election bid, rather than just stating that “there is a perception in the community that he has some form of interest in the development”. c) Wouldn’t Jock Sowter’s role as campaign manager for his re-election bid 2012 give the community a perception that Clr Gair did indeed have some form of interest in the development (had they known at the time)? When will Clr Gair finally tell the community that he did indeed have the lineal descendent of a developer as his campaign manager for two months in the lead up to the 2012 elections?

35. On 23 March, 2016, Clr Gair declared a significant non-pecuniary interest regarding Mt Ashby Estate because “he is in the same business as part of Mt Ashby, ie selling antiques and collectables”. Clr Gair stated he would be absent from the Chambers for consideration of that item. On 13 April, 2016, Clr Gair again nominated a motion before council concerning Mt Ashby Estate “as he has a conflict with some of the business activities at Mt Ashby”. Clr Gair stated he will be absent from the Chambers for consideration of that item. On two following occasions, Clr Gair did the same when motions about Mt Ashby came before council concerning Mt Ashby, due to the conflict of selling merchandise from his store, Grandpa’s Shed, and similar to what was sold at Mt Ashby. Why did Clr Gair properly declare his conflict with Mt Ashby four times during the year 2016, but when motions about Coomungie came up twice that year, Clr Gair failed to declare Jock Sowter’s major role as his campaign manager in the lead up to the 2012 elections?


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