Damien Tessmann
Cr Damien Tessmann after delivering his public apology today … he remains adamant he has been denied due process and is innocent of the complaint levelled against him

February 18, 2014

SBRC Councillor Damien Tessmann, who was ordered last month by the Local Government Regional Conduct Review Panel to apologise to fellow Councillors for allegedly providing misleading information at a Council meeting in 2012, made his apology today.

However, he remained adamant he had done nothing wrong and added that “murderers, rapists and paedophiles” are afforded more access to the justice system in Queensland at present than elected Councillors.

The Review Panel ordered Cr Tessmann to issue an apology and pay a $1000 fine in response to a complaint lodged by Windera resident Ralph Percy linked to the sale of a portion of Adermann Park in Kingaroy to St John’s Lutheran School.

Mr Percy’s complaint alleged Cr Tessmann had provided misleading information to the South Burnett Regional Council at its meeting on June 20, 2012 and/or its meeting on July 18, 2012, regarding the support of the Adermann family for the sale of part of the park.

The Review Panel upheld this portion of Mr Percy’s complaint, saying that “on the balance of probabilities” Cr Tessmann had misled other Councillors about the Adermann family’s feelings on the sale.

However, Cr Tessmann said he had circulated the Adermann family’s actual response to his fellow Councillors via email prior to the meeting to ensure they were fully appraised of the family’s views.

He said his statements in the Council chamber had simply been a broad summary designed to protect the family’s privacy.

Today Cr Tessmann read out a prepared statement to the Council’s monthly General Meeting.

The text of this statement is printed below:

Damien Tessmann’s Public Apology

Thank you, Mr Mayor.

I rise today to comply with an order given by the Regional Conduct Review Panel relating to the sustaining of a complaint against me.

I was found guilty of misconduct conducting my duties in this very room. I have not been given any opportunity to defend myself throughout the adjudication process, so I intend before offering the apology to this Council and complying with the penalty determined to make a brief statement.

I have fought the allegation that I misled this Council with every ounce of energy I could muster, which in the end amounted to nothing.

I have been denied the ability to defend myself – something that murderers, rapists and paedophiles are afforded.

I have been denied the ability to appeal my conviction – something that murderers, rapists and paedophiles are afforded.

I have been denied the ability to take the Queensland Department of Local Government through legal proceedings, something I wished to have done.

The Panel concluded that I was not impartial because I was a member of St John’s Lutheran Congregation, sustaining the claim from the complainant that I was motivated to mislead this Council based on my religious affiliation – an affiliation that generations of my family have shared.

Statements were taken but no right afforded to defend myself. What makes this all the more unpalatable is that no evidence was given that I made the misleading statements but rather “on a balance of probabilities” it was deemed that I must have made them.

This is indeed a sad day for Local Government, and Councillors across Queensland should know that murderers, rapists and paedophiles have access to a fairer trial than we would in this State even though we are democratically elected representatives of our community.

My first role in a community organisation was to join the South Burnett Feather Club when I was in Grade 8 at Kingaroy State High School.

It was my love of showing poultry that led me to join up and get the buzz from volunteering. I became the President of the club when I was 16.

Since then I have been involved in organisations that make the South Burnett a better place; from Rotary to Apex to the Nanango Show Society to Toastmasters to refereeing junior soccer to Neighbourhood Watch to the Nanango Race Club to political parties to being invited to be Patron of organisations and yes, even St John’s Lutheran congregation.

I have always loved this region and will continue to work for its betterment and refuse to accept the notion – whether it be from inside or outside of this region – that I have any other desire than the best for this region.

Whilst I shake my head that the lack of a fair trial could be tolerated in this great State, continue to protest my innocence and provide evidence to back it up, endure the bizarre statements of those who believe that some form of justice has been served and those even more bizarrely who draw merriment from this, I console myself with a quote from a great man who said “forgive them for they know not what they do”.

I will continue to lobby the Minister for Local Government and any other Minister of the Newman Government to right the absurdity of the section of the Local Government Act that allows councillors to be found guilty of misconduct without the ability for them to defend themselves, seek an appeal and allow for the government to be beyond the reproach of the Supreme Court.

The only thing necessary for the triumph of evil is that good men do nothing, and in this situation evil has triumphed.

In saying that, I have been humbled by the overwhelming support from you, my colleagues, and those in the community. It has meant a great deal to me.

With that, I offer up this apology:

I apologise to the South Burnett Regional Council for whatever information I gave that has been, on a balance of probabilities, deemed to be misleading as determined by the Regional Conduct Review Panel. I only ever sought the best for my community, which in this case is greater educational choice for the people of Kingaroy and the South Burnett.

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