City's residents to pay for unruly councillor's legal fees

Queensland Supreme Court Justice Alan Wilson upheld a ruling of misconduct against Cr Johnston made by Brisbane City Council's independent Councillor Conduct Review Panel in July 2013.

But he found the panel acted beyond its powers in a second ruling.

The first ruling stemmed from a meeting in February 2013, when she refused to leave the chamber following an eviction and police were called to forcibly remove her.

The panel ordered Cr Johnston to pay a fine of $5500 and make an apology at the next council meeting she attended.

Justice Wilson was satisified the CCRP acted within its powers in this first instance. Cr Johnston has already paid the $5500 fine.

However in a second decision, he ruled the body acted beyond its powers in drafting the wording of the apology Cr Johnston should make and that the order made by the panel be declared void.

He also declared invalid the CCRP recommendation that the council chief executive ask the Department of Local Government director general for legal change to allow the sacking or suspension of councillors.

Cr Johnston has been evicted from the council chamber 38 times since 2010, when she left the LNP and became the council's only independent representative.

Most recently, the representative for the southside ward of Tennyson was thrown out of last week's council meeting for eight days, which also ruled her out of attending this week's meeting.

In his ruling, Justice Wilson noted the frequency of her referrals to the CCRP.

"An air of exasperation pervades the Panel Reports for both decisions. The first speaks of eight earlier instances when police were present on occasions when Councillor Johnston was ordered to leave the council chamber and (13) alleged occasions of inappropriate conduct," he said.

The February meeting in which police were called to forcibly remove Cr Johnston from the chamber when she refused to leave formed only part of the action Cr Johnston took against the council.

It also stemmed largely from the following week's meeting when she was ordered by the CCRP to formally apologise to council chairman, Councillor Margaret de Wit, and to pay a $5500 fine.

The apology was not delivered because of a further dispute with the acting chair, Councillor Angela Owen-Taylor, and as a result Cr Johnston was fined a further $1540 and ordered to apologise again.

Justice Wilson ruled that the first two paragraphs of the apology drafted for Cr Johnston by the CCRP were appropriate, as they simply asked her to apologise to Cr de Wit, the Lord Mayor and Opposition Leader and other councillors.

However, he said the remaining four paragraphs went too far and ruled them invalid.

"It is unnecessary, and superfluous, and oppressive for her to be made to apologise for the 'considerable anxiety' allegedly caused to the staff at the chamber; to the Queensland Police Service for allegedly causing "an unjustified waste of their valuable time and of public funds"; and to the constituents of Tennyson Ward for her alleged "unbecoming conduct", he said.

On the basis that Cr Johnston only partially succeeded with her case, he ordered the council to pay two-thirds of her legal costs.

"Cr Johnston has not succeeded on all the points she brought into the court. In particular the primary attack upon the Panel's jurisdiction to deal with matters arising at a council meeting failed," he said.

"In that circumstance, it is appropriate to order that the respondents pay some, but not all, her costs."

In a statement, Brisbane City Council said Cr de Wit has indicated Cr Johnston would be given the opportunity to issue that apology at next Tuesday's meeting.

Cr Johnston also issued a statement claiming victory in the proceedings.

"It is my job to stand up for the residents that elected me. I will not shirk from fighting for the issues that are important to my local community regardless of the excessive political tactics being used against me," she said.