Jack Russell: writ against Shire, CEO
Details of writ against Council
Saturday, January 12, 2019
Yea resident Jack Russell is claiming “mental harm” by Murrindindi Shire in his latest writ against the Council and CEO Craig Lloyd.
Mr Russell’s Supreme Court writ, filed on Thursday (Jan. 10), alleges a “deliberate act [of] personal injury”, and a breach of the Humans Right Charter.
Mr Russell says that complaint arises from a letter sent on November 9 by Mr Lloyd, “the decision maker and outside his scope of authority and without obtaining a formal resolution of Council to grossly limit [Russell’s] access to the Yea Library and in contravention of civil rights”.
Mr Russell says Mr Lloyd restricted access to the Yea Library to only two hours a week, when it is open 43½-hours each week over six days. Mr Russell says the nominated hours do not work for him “due to other personal commitments”.
Mr Russell says no evidence was tended to support the decision.
Mr Russell is currently appealing a decision following an incident at Yea Library in early 2016. He has a current Supreme Court action seeking to quash a County Court judgement by Justice Mullaly.
The writ says that Mr Lloyd wrote: “I have an outgoing duty of care towards my staff. I will therefore not allow you to access the library during her hours of work.” Mr Russell alleges that the words were “unfounded and malicious and meant to harm”.
Mr Russell says “that no right of review is available to [him], other than to litigate”.
“I am disadvantaged, extremely distressed and humiliated by the improper action of Mr C. Lloyd.”
Mr Russell says the “mental impairment is considered to be stabilised”.
In his Supreme Court paperwork, Mr Russell tables a local newspaper clipping that quotes Mayor Cr Sandice McAulay explaining how access to libraries changes lives
Mr Russell seeks damages, aggravated damages, punitive damages, costs, and such other orders as the Court deems fit.
Mr Russell says he suffers with “mental harm, distress, separation phobia and fear of unwarranted confrontation”. He seeks to have an assessment of mental impairment by a qualified psychological expert.
Mr Russell seeks trial in Melbourne by a judge and jury of six.