Corkman demolishers to appeal 30-day jail term
It hasn’t ended well for the developers who knocked down the heritage listed Corkman Pub, with the pair sentenced to 30 days jail.
Developers Stefce Kutlesovski and Raman Shaqiri originally escaped with just a fine when they illegally demolished the 19th century hotel.
The demolition which happened four years ago caused public outrage, reflected by Victorian Civil and Administrative Tribunal president Michelle Quigley, who on Wednesday found the pair guilty of contempt of court.
While the prosecution did not press for a prison sentence, it was clear Ms Quigley was out to set an example as the pair failed to comply with a VCAT order to clean up the site to make way for a park, putting them in contempt.
Kutlesovski and Shaqiri will appeal the sentence, meaning there is still a little way to go before the matter is resolved.
Originally, the pair pleaded guilty in the magistrates’ court, to breaching building and planning laws. This resulted in fines totalling almost $2 million.
They appealed that decision to the County Court, at which point the $2 million fine was slashed to almost half.
Shaqiri failed to show at the hearing, heading to Spain to be married.
A further conviction and fine of $600,000 for depositing industrial waste at an unlicensed site was also brought down.
In 2019, the pair promised to clean up the site at the corner of Leicester and Pelham streets, the location of the Corkman Irish pub.
However, in October 2020 the site still contained asbestos, which forced Melbourne City Council to launch further legal action through VCAT.
Justice Quigley found their noncompliance to be “considered, wilful and deliberate”.
On top of the 30 day jail sentence, the pair was ordered to pay the government’s and the council’s $250,000 legal costs. A further fine of $150,000 was also issued.
Lawyers for the developers have launched an appeal saying, “The company and its directors are surprised and disappointed by the tribunal’s findings, particularly in circumstances where the prosecutors in this case did not seek a term of imprisonment and stated in written submissions that the imposition of such a sentence would be ‘manifestly excessive’,” Mr Francke said.
Victorian Planning Minister Richard Wynne backed the decision: “These developers deserve this outcome. They have trashed Victoria’s heritage, refused to build a park and shirked their legal obligations at every step.”
Irit Jackson, 17th December 2020
