Barkly Regional Council Mayor Jeffrey McLaughlin was driving a council car when he was charged this month for allegedly having cannabis in his system while driving for the second time, Deputy Mayor Russell O’Donnell has said, however he said no action could be taken despite a council policy forbidding drivers from having illicit drugs in their system.

Mr O’Donnell added that the council could also not take action against Mr McLaughlin for driving the vehicle under the Local Government Act.

Mr McLaughlin, who did not respond to questions by the NT Independent, told the ABC he will be contesting his second drug driving charge in less than five months, saying his alleged positive roadside test for marijuana, was the result of “prescription medication”.

The ABC reported Mr McLaughlin told the organisation he would be pleading not guilty to the charges, saying the positive test was the result of “prescription medication”. The outlet did not detail why he was prescribed cannabis and the mayor did not respond to the NT Independent’s questions about the medication, or to provide proof.

Following a similar arrest last September, police alleged they had found marijuana plants at Mr McLaughlin’s home.

Under the NT Traffic Act, police do not have to prove a person’s ability to drive a vehicle was impaired by a drug to establish an offence, it is enough that a drug is detected in their saliva or blood.

There is a defence to the charge, that being if the defendant can satisfy the court they were under treatment by a medical practitioner and had taken the drug as part of that treatment; and the defendant had taken the drug in accordance with the directions of the medical practitioner.

Under the Local Government Act a member is disqualified from eligibility to serve on council if they are sentenced to a term of imprisonment of 12 months or more.

They can also be removed from office if they are convicted of an offence “demonstrating they are unfit to remain in office” which will be determined by NTCAT, but relies on someone enrolled to vote in that local government area applying to the tribunal to make the judgement.

Mr McLaughlin, was also charged after being pulled over by police on September 19, when he also allegedly gave a positive road side test result for marijuana but did not publically say the last alleged positive result was due to prescription medication. But he has said he is pleading not guilty but has not outlined his defence.

In statement in September, NT Police said police searched a Tennant Creek residence and seized a number of cannabis plants and material, and that Mr McLaughlin had been charged with driving under the influence of drugs, supplying less than a commercial quantity of a schedule 2 drug, possessing less than a traffickable quantity of a schedule 2 drug, and cultivating less than a traffickable quantity of a prohibited plant.

Mr McLaughlin did not respond to an NT Independent question about whether his medical situation had changed between the two alleged offences.

The NT Independent asked the council if there was to be any action take against the mayor under alleged breaches of the councillor code of conduct, but received no reply.

The code is not specific and does not cover what happens if a councillor is charged with a crime, being more general in nature.

In part it states: “Members must act honestly and with integrity performing official functions. A member must act with reasonable care and diligence in performing official functions. A member must be prepared at all times to account for the member’s performance as a member’s use of council resources”.

Mr O’Donnell told ABC Alice Springs radio there was no provision in the Local Government Act to deal with “a situation like this” when asked about Mr McLaughlin’s alleged behaviour, saying it was viewed as a personal matter.

The deputy mayor would not give his opinion on whether he thought Mr McLaughlin should stand down.

“I think we should stick to what we can do legally and what we can’t do legally,” he said.

“Jeffrey is afforded his day in court and he is pleading not guilty at this stage.”

However, he did confirm the mayor was driving a council car, adding that council had policies around the use of council vehicles, but said the car was in the mayor’s entitlements and council had no way to take that away from him.

The Barkly Regional Council vehicle policy, which covers all users of vehicles owned or controlled by the council, states the council has a duty of care to take all reasonably practicable steps to protect the health and safety of its employees under Work Health and Safety legislation including motor vehicles owned by BRC.

“Drivers must have zero alcohol and illicit drug levels during normal business hours and when ‘on–call’ and private users (commuter or full private) must be within the legal limits,” the policy states.

“Vehicle users must obtain medical advice regarding the effect of prescription medication on driving ability and provide this medical advice to their direct manager before taking
possession of a BRC vehicle.”

The policy does not say what enforcement right it has or whether it merely operates as a guideline.