BENDIGO, Tuesday, July 28th, Rights For Bendigo Residents, a group opposed to the installation of a Mosque in Bendigo, had had its application for the removal of Victorian Civil and Administrative Tribunal judge Greg Garde and deputy president Mark Dwyer disqualified.
The proposal for a Mosque in East Bendigo has been before VCAT since December of last year.
On March 13 and 20 the Victorian government Solicitor’s Office requested a series of posts on the Rights For Bendigo Residents website be removed. The posts suggested that both Garde and Dwyer, members of the VCAT panel, were biased against the group and their position against the Mosque.
On July 27th Robert Balzola, lawyer for Bendigo Reisdents, unsuccessfully argued the letters were a “damning” demonstration of both Garde’s and Dwyer’s conflicts of interest, and called for Garde to disqualify himself.
But lawyers for the Australian Islamic Mission (AIM) objected to the application, while Justice Garde threw out the application and refused to excuse himself, saying it was in the best interest that the case not be delayed further, reserving a decision on costs.
The ruling means a final decision on the development of the Mosque may soon be finalised, a position welcomed by the City of Greater Bendigo, which had been frustrated by the delays in proceedings.
“This application has experienced a number of delays, so it will be a relief to the applicants that VCAT can no focus on making a decision,” said city planning and development director Prue Mansfield.
A rendered image of the proposed Mosque in East BendigoIn June of 2014 Bendigo Council approved the application for the Mosque in East Bendigo. Bendigo Residents arguments have ranged from noise pollution and traffic congestion in the area to the impact of an increase Muslim population in the area as well as the impact of Sharia Law on the city.
Heri Febriyanto of the Bendigo Islamic Association thanked the community for its continued support.
“The thing I would like said is living in Bendigo we would just to ask the Muslim people to live side by side, we would like to live in Bendigo in harmony,” said Febriyanto.
“So we would like to live and respect one another in Bendigo.”
VCAT’s position on the matter has been welcomed by the City of Greater Bendigo, as it may mean an end to the saga sooner rather than later. To the contrary, Bendigo Residents Julie Hoskin said the group would appeal the decision.