Date: 5th August 2026 *updated

Private criminal charges brought against five Hepburn Shire councillors and outgoing CEO Bradley Thomas by local businessman David Penman have been withdrawn in court in Ballarat.

The Director of Public Prosecutions intervened in court, and successfully applied for the charges to be thrown out.

All five councillors were expected to be reinstated to their roles by this afternoon.

ABC News reported that Mayor Tony Clark spoke on behalf of all councillors outside the court, describing the outcome as extremely pleasing – with more to be said later.

The council issued the following formal statement:

This morning, a representative of the Director of Public Prosecutions (DPP) attended the hearing of private criminal matters against five Councillors and Council’s CEO. The DPP took over all matters, and the charges have been dismissed. The DPP having reviewed all the evidence determined that there were insufficient grounds available to proceed with the prosecutions.

Once the charges are formally withdrawn by His Honour Magistrate, Councillors will be reinstated under section 228(5)(a) of the Local Government Act 2020.

This is a great outcome for democracy and our community.

It’s understood that the Council, individual councillors and witnesses, and Mr Thomas would be seeking costs from Mr Penman, described in court as significant. They will return to court on that matter later this month.