CESSNOCK City Council has taken one of its own councillors to court over allegations he failed to clean up asbestos on a property owned by his company.
The Land and Environment Court was told yesterday that Cr Allan McCudden was the sole director of Quintaz Pty Ltd, which ran a number of businesses, including asbestos removal and demolition services.
Barrister for the council, Tom Howard, said the council discovered six fragments of asbestos in a number of piles at a 17-hectare site at Sawyers Gully.
Both the company and Cr McCudden have pleaded guilty to charges of failing to comply with a clean-up order and an order to provide information to the council.
Defence barrister Avni Djemal said the information had since been supplied and an expert had been hired to give a report on suitable clean up methods.
He said the main problem was that his client had not been given enough time to comply with the council's orders, which led to him defaulting on the notices.
A solicitor hired by Cr McCudden gave testimony that he had tried to get an extension from the council.
Solicitor Daryl Lawrence said he had however, been very busy at the time and had not managed to get an extension.
"I let my client down," he said.
The court also heard testimony from Cr McCudden's daughter Christina Schumacher, who was employed by Quintaz.
She confirmed the business had taken demolition materials to the Sawyers Gully site.
Under questioning from Mr Howard she confirmed Quintaz had been paid to demolish a baker's building in Adamstown and those materials were taken to Sawyers Gully.
However, she said the company did not know there was asbestos in the materials because it had been given assurances from an occupational hygienist that all of the asbestos had been removed.
The case is expected to continue today.
Cessnock Council general manager Bernie Mortomer told The Herald yesterday that Cr McCudden's pleas were not grounds for dismissal from council under the Local Government Act.