The case against a Yarraville man embroiled in a three-year legal battle with Wyndham council over works he did at a public reserve is “an abuse of process”, his lawyer told a court this week.
The council alleges Frank Grima, 60, installed a gate and laid concrete without a permit at Baileys Beach Reserve, near Werribee South, where he has leased a boat shed for the past few years.
The council charged Mr Grima with a number of planning breaches in 2013 over the works.
It is understood it initially issued Mr Grima an infringement notice, but later withdrew this, deciding instead to prosecute him in court.
On Monday, Mr Grima pleaded guilty in Melbourne Magistrates Court to two charges of developing land by erecting the gate and laying a concrete slab, but is contesting two further charges related to other building works, including constructing a boat ramp.
Barrister Julian Burnside, QC, a prominent human rights advocate, told the court on Monday that he wanted to apply for the case to be halted, saying the sheer volume of evidence involved – filling eight lever-arch binders – was “absurd”.
“The case should be stayed because it is an abuse of process … it is unjustifiably and unreasonably oppressive,” Mr Burnside said.
Mr Grima had undertaken works to make the road safer to drive on, he said, and had installed a gate at a point where drivers dumped their rubbish.
The council’s barrister, Justin Foster, said Mr Grima was “in essence treating the [alleged developments] almost like his own kingdom”.
He said Mr Grima kept keys to the gate and did not give them to the council or emergency services.
Mr Burnside said: “We say he hasn’t done most of the things alleged, and that the things he has done are trivial.
“But we’re facing a 10-day trial.”
Fairfax Media has reported Mr Grima sold his family home to help fund the legal battle.
On Monday, Wyndham councillor Intaj Khan conceded the council had failed to maintain Baileys Beach Reserve.
“The foreshore area is in urgent need of an upgrade, and that’s obviously the responsibility of council,” he said. The case continues.
