Victorian MP Geoff Shaw’s future remains in doubt with a magistrate ruling he is not suitable for a diversion order over a charge of misusing his fuel card.
The MP will now plead not guilty to the original 24 charges, which were on Wednesday rolled into one count of obtaining financial advantage through deception in the Melbourne Magistrates Court.
The unexpected ruling means the Napthine government still hangs by a thread, with next year’s court ruling likely to decide if a critical by-election is held in Frankston. A guilty finding would force Mr Shaw from parliament.
Magistrate Charlie Rozencwajg said an option to deal with Mr Shaw’s charge through a diversion program was “not appropriate” but did not say why. Mr Shaw has been ordered to re-appear in court on February 17 to contest the charge.
As Mr Rozencwajg gave his decision, Mr Shaw turned and silently clapped journalists, saying “well done”. But he had nothing further to say as he left the court.
On Wednesday Mr Rozencwajg heard that the matter of 24 charges against Mr Shaw had been resolved and he would instead face a ”rolled-up” charge of obtaining financial gain by deception over the use of a fuel card for $1250.
Mr Shaw’s defence, lead by Robert Richter, QC, argued the charge against Mr Shaw should be dealt with by a diversion – this allows offenders to acknowledge responsibility but avoid conviction – because a guilty finding against the Frankston politician would be disproportionate to the crime.
The prosecution did not oppose Mr Shaw’s case being treated through the diversion program.
