Witless Bay councillors Ralph Carey, left, and Gerard Dunne during the debate on their motion in February to evict Margaret Swain from office for allegedly breaching conflict of interest rules. Swain appealed the decision and council has since reinstated her but won’t say whether it is reimbursing Swain’s legal costs or commenting on the costs of its own legal bill. Craig Westcott photo
By Mark Squibb
Witless Bay council voted last Thursday night to reinstate councillor Margaret Swain.
Swain, who could not be reached for comment ahead of Thursday’s deadline, had been kicked off council last February over an unproven allegation of a conflict of interest in regards to a proposed Crown Land Reserve for the Ragged Beach area.
Voting for the motion back in February to sack Swain were then Deputy Mayor Lorna Yard and her husband and fellow councillor Alan Richards, along with councillors Gerard Dunne and Ralph Carey, who made the motion to evict Swain. Mayor Trevor Croft and councillor Jacob Hayden both voted against it.
Swain hired a lawyer and filed an appeal. Neither council, nor Town officials will say how the matter was settled before it went to Supreme Court for trial. Neither will they say whether they have covered Swain’s legal bills or disclose the amount of the Town’s legal bill.
Town CAO Jennifer Aspell said that though Swain has been reinstated, her appeal has not yet been formally discontinued, and the Town would not be commenting on the legal proceedings while the matter is still before the court.
As to the legal fees incurred by the Town, Aspell said an Access to Information request would need to be filed before that information would be released.
Mayor Trevor Croft declined to comment, and redirected inquiries to Aspell.
Former Deputy Mayor Lorna Yard, who, along with Richards, resigned shortly after Swain’s dismissal, e-mailed an unprompted comment to the Irish Loop Post.
“The decision, which I participated in, to vacate Ms. Swain’s seat was made in response to a conflict-of-interest complaint filed with the Town on December 13, 2023, and discussed over two lengthy privileged sessions of council,” said Yard. “I felt it was the only correct decision that could be made with the information I had before me and the reasonable application of the legislation. While I am no longer on the Town Council of Witless Bay I am still bound by required confidentiality regarding any discussions that occurred on this matter and cannot comment on the basis for the decision or what legislative processes the Town did, or did not, follow. I wish councillor Swain the very best in her future role with the town.”
Meanwhile, despite Swain’ reinstatement, council remains short one member.
The Town held a Nomination Day Wednesday to fill the vacancy, but no candidates stepped forward.
