THE BYRON SHIRE Volume 28 #10 Tuesday, August 13, 2013 Phone 02 6684 1777 Fax 02 6684 1719 editor@echo.net.au adcopy@echo.net.au www.echo.net.au 23,200 copies every week CAB AUDIT North Coast news daily: www.echonetdaily.net.au
Inside this week
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I F YO U B E H AV E D L I K E YO U R G O V E R N M E N T YO U’ D B E A R R E S T E D
Mungo cogitates on the debate that went nowhere – p10
Letters you send us then we publish – p11
The new New is new for you – p16–17
Kicking, running, jumping, falling over – p39–40
Byron Shire Council Notices Page 41
Mullumbimby man wins case against ‘illegal’ police search Hans Lovejoy
Lois moves on In 1979, a factory on the Byron industrial estate cost $20,000 and there was plenty of uncrowded surf. That was when James Dods, pictured, along with his then-partner Yves Deyris, moved their shoe factory with 15 staff from the heart of Kings Cross to Byron. They figured if they were going to make shoes, why not do it in paradise? But as competing with cheaper footwear manufactured overseas became impossible, the factory
– along with every other shoe factory in Australia – was reluctantly closed around 2001. After 34 years in the shoe business James and business partner John Parsons are finally closing Lois Lane Shoes. James and John would like to thank all the amazing staff and friends who worked with them over the years, and of course the loyal shoe lovers who made the whole thing possible. Photo Jeff ‘Now Without Sole’ Dawson
State delays planning reform Byron Shire, along with other north coast councils, remains in a planning limbo created by the state government, five months after a report by consultants Parsons Brinckerhoff was expected to be made public on rural E2 and E3 zonings. A NSW department of planning spokesperson told The Echo the delays were due to large number of submissions received (over 2200) and an extended period for analysing information and public consultation. Despite the uncertainty, Council last Thursday pushed ahead on
including changes to the LEP (local environment plan) and tackled multiple occupancies (MOs) and Community Titles (CTs). And a press release last week by Council enthused about its commitment to rural living, declaring Council’s ‘intent to bring multiple occupancy and community title options back to the table.’ A workshop is planned for the next month. Meanwhile Byron Shire-based Greens MLC Jan Barham is leading a forum on the proposed changes to the coalition government’s planning
policy. It will be held at the SCU room, Byron Bay Community Centre on Saturday August 17 from 4pm.
Planning forum Sat One of the speakers will be NSW Greens planning spokesperson David Shoebridge, who said in a press release that ‘These proposed changes strip the democracy from planning law in NSW. ‘If they become law residents and community groups will have no say at all in 80 per cent of development in their local area.’
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A local man who was cuffed and sprayed in the face with capsicum spray by police has had charges against him thrown out by the District Court upon appeal. The decision last Thursday by Her Honour Judge Wells in the Lismore District Court convincingly overturned the findings of Local Court Magistrate Michael Dakin and held that the evidence of the two police officers involved, Senior Constables Amos and Hayworth, lacked credibility. After being pulled over for a licence check just outside Mullumbimby on October 25, 2011, police conducted a search of John Scrivener, then aged 50, and his car, supposedly on suspicion of drugs. Police then alleged that Mr Scrivener became abusive towards them. However, Mr Scrivener instead claims he was abused and told The Echo he immediately lodged a complaint against the two officers after the incident. Even though Mr Scrivener had told the officers that he intended to lodge a complaint, he told The Echo that he gave evidence in court that the police nevertheless ‘proceeded to violently assault me, including throwing me on the ground, jumping on me with their knees, punching me, pulling my hair, attempting to choke me and then cuffing me before spraying me in the face with capsicum spray.’ After Mr Scrivener was found guilty by Magistrate Dakin last September for resisting arrest, assaulting police officers in the execution of their duty and behaving in an offensive manner, he lodged an appeal, which was then heard in the higher-
ranked District Court. Mr Scrivener won that appeal on August 8. During the Local Court hearing, Mr Scrivener’s solicitor, Cameron Bell, argued that the search was illegal and that the evidence of the two police officers was so inconsistent that it could not be accepted. However, Local Court Magistrate Dakin held that the search was legal and went on to find that the police witnesses were truthful notwithstanding the inconsistencies in their evidence. To add insult to injury, the Magistrate was critical of Mr Scrivener’s evidence and indicated that he was not a truthful witness. Magistrate Dakin, a former police officer, even told the court, ‘I prefer the police evidence.’ On appeal, the District Court held that the actions of the police officers in searching Mr Scrivener were not justified as there was not the ‘reasonable suspicion’ required to conduct a legal search. The District Court also held that Mr Scrivener’s evidence was ‘consistent and clear’. Most importantly, the District Court found that the evidence of the two police officers was not credible. Mr Scrivener told The Echo his lawyer Cameron Bell ‘found at least six discrepancies in the police officers’ evidence. Even the Crown prosecutor said they couldn’t offer any explanation for the discrepancies.’ One of the issues in the case was the allegation by the police officers of the existence of a small ‘resealable’ bag, which Senior Constable Amos said, ‘are normally used to put drugs in, namely cannabis’. Her Honour noted that in the Local Court hearing the police prosecutor objected to Mr Bell continued on page 3