Saga giving North Coast backpacker hostels a bad name

The rear of the property where council alleges up to 19 occupants were staying – photo by Kate O’Neill

The Northern Star  9 December 2012:

BYRON'S alleged schoolies slum landlord Shai Major was supposed to appear at Byron Local Court yesterday.

Instead he told the court he was working in Brisbane only to be found a short time later at the Jonson Street property that was shut down by council staff last Friday.

EchoNetDaily 13 December 2012:

The alleged ‘schoolie slumlord’ says he is helping young working locals put a roof over their heads.

He has hit back at both Council and media over his recent Council compliance bust but failed to explain why a raid on his leased property on Bangalow Road last week allegedly found 19 people in the house, including eight schoolies.

Council staff told the media the accommodation was unsafe and unsanitary.

Shai Major, former editor and owner of the now defunct Byron Times magazine, is critical of media reports, including in Echonetdaily, for publishing the property address. He claims that since it went to press, negative comments by locals towards tenants of the property have been both unfair and stressful.

Byron Shire Council media release 28 February 2012 :

Council thanks local media for help with legal action

Byron Shire Council is pleased it has been able to work with The Byron Shire Echo newspaper in legal proceedings against a man accused of unlawfully using premises in Byron Bay as a hostel for schoolies.

Council’s Governance Manager, Ralph James, said The Echo helped facilitate confirmation of statements made by Shai Major, the defendant in the "use of premises as a hostel" proceedings, published in The Echo shortly after Council staff executed a search warrant on the Jonson Street property leased by Mr Major.

“As part of its proceedings against Mr Major for unlawful development, Council asked The Echo to produce documents regarding correspondence between it and Mr Major, after Mr Major made public comments that were published in the paper relevant to the case against him,” Mr James said.

“Council was not seeking any information beyond confirmation that what Mr Major told The Echo was in fact an accurate reporting of his views.

“It is important to note that given the source of the material, Mr Major’s identity was not confidential, the legal protections which allow journalists to protect their sources were not invoked in this case.”

Mr James said that prior to court proceedings last week (Friday, 24 February 2012) he was asked by The Echo’s lawyer whether council would be satisfied with a statement from Mr Major confirming authorship of the remarks attributed to him and confirming the accuracy of the reporting in The Echo article.

“The original subpoena issued by council was aimed at obtaining first hand evidence, namely, an admission, from Mr Major that he was the author of the public comments attributed to him,” he said.

“The proposal put forward last week prior to the court hearing by Mr Major and The Echo’s solicitor achieved that aim.

“On that basis I indicated that such a statement would obviate the need to call on the subpoena because if council had the information from Mr Major first hand it would no longer have a legitimate forensic purpose in pursuing the information from The Echo.

“The Echo’s lawyer, The Echo’s editor, and Mr Major then went into a conference and the solicitor shortly thereafter confirmed to me that Mr Major would make a statement confirming the accuracy of the reported comments.

“After further negotiation, a statement drafted by council was signed by Mr Major and witnessed by The Echo's lawyer. At all times Mr Major appeared to be in contact with The Echo’s lawyer and editor.”

Mr James said The Echo’s cooperation in assisting Mr Major prevented the need for further legal proceedings by Council.

“The statement which The Echo helped facilitate had the effect of releasing The Echo from arguing the subpoena whilst at the same time providing council with the information it sought,” he said.

“We appreciate the role The Echo played in helping facilitate Mr Major’s statement.

“Their role will help Council in its case against Mr Major for the unlawful actions Council alleges he undertook last year by using his residential premises as a hostel for which development consent was not sought nor obtained.

“Council is committed to ensuring residential premises are used within the limits of the law, and it will not stand by while people take advantage of visitors and negatively impact resident amenity in the name of making a quick buck.

“Council also has an obligation to protect public health and safety, as well as the interests of legitimate business who operate with development consent.”

Media contact:

Media Communication Officer
Byron Shire Council
Ph: 02 6626 7320

EchoNetDaily  20 January 2012:

Shai Major, the so-called ‘schoolies slumlord’, has failed for a second time to appear at Byron Bay Local Court to face charges of development without consent. He is believed to have left the country for a holiday in Israel, forcing the case to be held over again until 24 February.

The Northern Star  20 January 2012:

BYRON Bay's so-called 'schoolies slum landlord' has skipped the country, failing for the second time to appear in court to answer charges of operating an illegal backpacker hostel.

It is alleged Shai Major charged naive schoolies and backpackers exorbitant amounts of money to sleep in squalid conditions at a dilapidated residential property he was renting at 139 Jonson St, Byron Bay.

Byron Shire Council alleges Mr Major, an Israeli national, was exploiting the holidaymakers by charging them up to $800 a week to live in the unhygienic and overcrowded conditions.

Council staff have taken the unusual step of also charging the owner of the property, Fletcher Jonson Pty Ltd, under the same offence, alleging the company was aware the property was being used as illegal holiday accommodation.

When police and council officers raided the property on December 2, 2011, they found 18 people, including eight schoolies and 10 backpackers, crammed into the property.

Some of the occupants had been sleeping in the backyard, while others slept on mattresses in a garage that council officers said was as an asbestos risk.

25 February 2012:

THE EDITOR of the Byron Shire Echo, Hans Lovejoy, has avoided being compelled to produce his journalistic notes in court.

Byron Shire Council had issued a subpoena calling for Mr Lovejoy to produce email exchanges between himself and the man accused of running an illegal backpackers hostel, Shai Major.

The emails related to an article Mr Lovejoy published on December 13, 2011, titled 'Slumlord' says he's helping locals'.

But the subpoena against Mr Lovejoy was withdrawn outside court yesterday when Mr Major signed an undertaking that the quotes attributed to him in the article were correct.

25 February 2012:

BYRON Bay's so-called 'slum landlord', Shai Major, has pleaded not guilty to running an illegal backpackers hostel on the town's main street.

Mr Major appeared in Byron Bay court yesterday in sneakers and a T-shirt before Magistrate Michael Dakin......

The same charge against the owner of the property, Fletcher Jonson Pty Ltd, was withdrawn and dismissed as the owner signed an undertaking about future use of the property.

EchoNetDaily 3 April 2012:

Supboenas have been handed to both the Northern Star newspaper and Byron Shire Council by the man accused of running an illegal hostel in Byron Bay last December.

Shai Major, who is representing himself, faced court again last Friday but the matter was adjourned after Council’s lawyers sought more time to be provided with information requested by a subpoena.

Additionally, Council have requested the court change the charge of ‘operate a backpackers hostel without development consent’ to ‘use of premises as a hostel without development consent’.

When the magistrate asked Mr Major if he agreed to to the charge being renamed, he replied that he did not have the legal advice or knowledge to respond.

After the adjournment, Council’s prosecutor Ralph James asked for a colleague to provide free legal advice to Mr Major.

Mr James told The Echo there is no change to the charge or possible fine other than the name ‘backpackers’ being dropped.

‘The charge of ‘hostel’ remains, which is defined under the Local Environmental Plan (LEP),’ he told The Echo……

Mr Major told The Echo, ‘I have put forward these subpoenas to further investigate my allegations of Council’s attempts to interfere with the proper conduct of this trial via a “sub judice” smear-campaign that has been professionally orchestrated in order to get me judged in the media prior to my case appearing in court.

‘I am sad to think that if the Council will win in this case with their authoritarian, big-brother approach to micro-manage our life-styles, that anyone living in a share-house in our beautiful shire will be living in fear of having their house raided – their house-mates interrogated and intimidated – and prosecuted as a criminal.  

Byron Shire News on 12 April 2012:

ABBIE Hoffman used to boast about the size of his subpoenas. Now the old Yippie (a politically active hippie, for those who don't remember the 60s) has a rival in the claims of litigious largeness. Shai Major, the so-called "slum landlord" accused of running a hostel without approval, has subpoenaed The Northern Star, Byron Shire Council (for a copy of the media release and photos, the full brief of evidence and other material which council maintains is privileged) and most recently, the Australian Bureau of Statistics. The Scout will refrain from commenting on the nuisance and cost of Mr Major's legal efforts, in order to avoid being on the receiving end of one of his far-reaching subpoenas.