Council & Business
7 August, 2026
Criminal charges withdrawn
Following a hearing on Wednesday morning, criminal charges against Hepburn Shire councillors and former CEO Bradley Thomas have all been withdrawn.
Five of Hepburn Shire’s councillors and the shire’s former CEO attended a hearing of private criminal matters at Ballarat Magistrates court earlier this week, all brought by charges laid by businessman David Penman.
Proceedings began in March this year when Mr Penman launched private criminal proceedings against then councillor Don Henderson and CEO Bradley Thomas for allegedly misusing ratepayer funds on defamation claims against him.
In accordance with the Local Government Act 2020, Mr Henderson immediately stood down as councillor.
As proceedings progressed, Mr Thomas resigned as CEO.
By July 10, mayor at the time Tony Clark was also served with criminal charges by Mr Penman, with councillors Shirley Cornish, Lesley Hewitt and Pat Hockey served two days later.
All councillors stood down.
This time, the charges related to an allegation Hepburn Shire Council adopted their most recent annual budget without “inclusion of specific financial documents.”
Immediately after, Hepburn Shire publicly confirmed the budget was compliant with all legislative requirements.
The charges significantly impaired the shire’s functionality, left unable to host council meetings or reach a quorum.
On Wednesday morning, a representative of the Director of Public Prosecutions (DPP) took over all matters, and had all charges dismissed.
Having reviewed all evidence, the DPP determined there was insufficient grounds to proceed with prosecutions.
A statement from Hepburn Shire said the result was a “great outcome for democracy and our community”.
Once the charges are formally withdrawn by the magistrate, councillors will be reinstated.