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.

Oi, Bazza! Don't frack with us on the Northern Rivers

Clarence Valley residents Varpu Rantanen, Seanine Cooper an Larissa Cooper

at the coal-seam gas meeting in Casino last week

“CLARENCE Valley residents opposed to coal-seam gas mining were among dozens who turned out in force at a public meeting in Casino on April 19 to discuss the O'Farrell Government's draft Regional Strategic Land Use Policy and new Aquifer Interference Regulations.”

Rest of journalist Emma Prichard’s 23rd April story in The Daily Examiner here.

 

Remembering the fathers, uncles, sons, daughters, brothers, husbands, wives and sweethearts who served or waited....

The strange things journalists write

Until recently, newspapers were not allowed to report on suicide and I think the original rationale for that was well-intentioned: to stop sensationalist journalism on such a personal and tragic event. [The Daily Examiner,20 April 2012,p12]

A rather curious statement which history refutes.

Even a quick search of Trove and NSW State Library records will show that since at least the 19^th Century through to this 21^st Century  Australian newspapers at national, state and local level (including The Daily Examiner) have been reporting on attempted suicide/suicides; naming names, ages, places of residence and often describing methods used.

In August 2011 the Press Council of Australia issued a specific standard of practice for suicide reporting, which did not lift any supposed universal media ban but sought to clarify best practice.

Keerrong & The Channon Says No To CSG: becomes first NSW North Coast community to lock its land and roads

http://youtu.be/o7C4ousqB4E

Hundreds of committed citizens of Keerrong and The Channon form a human map of our roads and creeks. The legal system and governments have failed us. Now we're taking a stand. We won't let gas miners contaminate our water, air and land with toxic chemicals. Through grass-roots public meetings and surveys, we reached a 99% majority decision to close our roads and valleys to Coal Seam Gas mining. We're saying to the miners: 'You're not coming here'. As we present the CSG-free road declarations to our mayor, we celebrate the strength of community. This video launches the CSG-free Community Strategy in the Northern Rivers, NSW Australia. We're taking back our communities from the gas miners.

To find out how to make your community CSG Free, go to http://www.csgfreenorthernrivers.org

Best MSM Headline of the Month

Facts, 360 B.C.-A.D. 2012

In memoriam: After years of health problems, Facts has finally died.

{Chicago Tribune 19^th April 2012}

Abbott on Slipper in 2011 - "He's a mate of mine"

It is hard to see Federal Opposition Leader Tony Abbott's recent statements concerning The Speaker Peter Slipper as anything other than hypocritical manufactured outrage, given he was still supporting this member of parliament during periods when other serious allegations had surfaced, including those mentioned in current court papers.

Abbott and Slipper posed photograph from Google Images

He’s a mate of mine

Abbott speaking at 7.32 mins on 2011 audio clip

http://youtu.be/kLP2MIggvLs

QUESTION:

Are you concerned that Peter Slipper last night issued a statement threatening to resign from the Queensland Liberal National Party?

TONY ABBOTT:

Look, there are all sorts of issues at a local party level and they’re things that should be sorted out at a local party level.

QUESTION:

Will you be talking to Peter Slipper and Mal Brough to sort out their situation?

TONY ABBOTT:

In the end, they’re both loyal members of the LNP here in Queensland. Peter is a good, strong member of the Coalition down in Canberra.

[Tony Abbott Doorstop, 5 September 2011,transcript]

THE Opposition Leader, Tony Abbott, is urging the Queensland Liberal National Party to show restraint amid a growing push for a quick preselection challenge against the federal Liberal MP and Deputy Speaker, Peter Slipper.

Mr Abbott and others in the Liberal Party feel that if Mr Slipper loses his preselection, he may quit the party and sit on the cross benches, costing the Coalition a precious vote in the finely balanced Parliament.

The Liberal Party federal director, Brian Loughnane, was making representations to the LNP state president, Bruce McIver, yesterday.

Sources said Mr Loughnane was trying to defuse the situation on behalf of Mr Abbott.

[The Sydney Morning Herald, 20 November 2011]

The leader of the opposition, Tony Abbott, recently came out in support of Peter Slipper in an on-air interview with 101.5FM - 4OUR.

Mr Abbott said Mr Slipper was a "good bloke" and was loyal.

"He has been a good loyal servant of the Liberal Party, and more recently the LNP," Mr Abbott told the Morning Magazine in an interview. (Listen to the podcast below)

[101.5FM, Morning Mag, 24 November 2011]

Mr Speaker, we have known each other for many years. We have shared good times and not-so-good times. You have been an extremely effective and efficient Deputy Speaker of this parliament. You certainly have the technical skills and the knowledge of this parliament to be effective in this chair. We congratulate you. We wish you well and we express the hope and the confidence that you will serve without fear or favour. [Tony Abbott welcoming Slipper as The Speaker, Commonwealth Hansard, 24 November 2011]

UPDATE:

When Peter Slipper became an independent Speaker of the House of Representatives, the Tony Abbott-led Opposition began ‘leaking’ damaging documents to The Australian:

SIX months ago when Peter Slipper was spectacularly reinvented by the Gillard government as Speaker, seething kingmakers in the Liberal Party organised a dump.

Slipper, the member for Fisher who had been begrudgingly tolerated by his party despite his penchant for stretching the public purse to accommodate premium travel and perks, was officially a turncoat. The gloves were off.

Among the documents provided to The Australian by political operatives last November was an email exchange dating back to 2003 when Julia Gillard was in opposition and Tony Abbott a minister in John Howard's government. In themselves, the emails are hardly explosive - they evince a warm relationship between two adults: the boss, Slipper, and his employee, Tim Knapp. They discuss plans for a private weekend meeting. It would be thwarted because, as Knapp wrote, "it may be awkward ... unless you want me to introduce you as my boyfriend to them all".

Slipper asked if "Sat night my place for dinner" would be OK. Knapp replied: "To be honest i am a little unsure of coming to your place for dinner i think we need to keep things within the workplace to keep suspicions at a minimum."……….

When this becomes common knowledge in April 2012, Abbott does not deny knowledge of the allegations or the leaks, but tries to spin the facts:

Opposition Leader Tony Abbott says complaints made to Howard government staff by the man accusing Peter Slipper of sexual harassment did not constitute a "formal" complaint.

Former aide James Ashby has filed a civil claim in the Federal Court, alleging Mr Slipper made unwelcome sexual advances towards him in January this year.

The documents also allege the Sunshine Coast MP misused taxpayer-funded taxi vouchers.

The only reasonable conclusion which can be drawn from this scenario is that the Liberal Party of Australia and Tony Abbott (both in government and opposition) concealed serious allegations from the Australian Parliament and voters in order that the Coalition could hold onto the federal seat of Fisher in Queensland, which was retained by Slipper in the 2010 federal election with a +2.28% swing.

Note:

Although Coalition political operatives were involved in approaching the media after Slipper became Speaker, Tony Abbott offers a carefully-worded denial of any Coalition involvement in preparing the Ashby sexual harassment case:

Mr Abbott says he has no knowledge of any coalition personnel helping to prepare the case against Mr Slipper.

Further update:

Slipper on Abbott via Twitter in April 2012.....

Peter Slipper MP‏@PeterSlipperMP

I have been a good friend of Tony Abbott even when he didn't have many. I even delivered him the key vote he needed to become leader!

Peter Slipper MP‏@PeterSlipperMP

#auspol Tony was an honoured guest at our wedding 6 years ago and it was great to have him and other friends and family there.

Peter Slipper MP‏@PeterSlipperMP

@AussiePlease#auspol That's true but if I had voted another way, he wouldn't have become Leader.