The former mayor of Bathurst has been sentenced to 18 months in prison, but he will not serve time behind bars.
Key points:
- The 68-year-old helped deliver a letter which threatened to reveal the state of a councillor’s mental health
- Judge Penny Musgrave said the offence undermined the institutions of government
- The former mayor will have to perform community service and not associate with his co-accused
Robert “Bobby” Bourke was found guilty of misconduct in public office by a jury for helping to blackmail fellow councillor Jacqui Rudge in 2020.
The 68-year-old helped deliver a letter which threatened to reveal the state of Ms Rudge’s mental health unless she stood down from council.
In sentencing Bourke in Bathurst District Court on Friday, Judge Penny Musgrave said the offence undermined the institutions of government.
“He was the public face of Bathurst council and its most senior representative,” Judge Musgrave said.
“He failed miserably in maintaining the standards of the office.”
Judge Musgrave said Bourke wilfully tried to distance himself from the threat by “enlisting the assistance of two unwitting people” to purchase, address, and deliver the letter.
“A punishment must be imposed that would deter others from committing the offence,” she said.
Bourke was sentenced to 18 months in prison but will be able to serve the time in the community.
Judge Musgrave said the decision was made because of the low risk of re-offending and little would be achieved from incarceration.
The former mayor will also have to serve 120 hours of community service and not associate with his co-accused, Bathurst-businessman Darryl Leahey.
Mr Leahey, the author of the letter, pleaded guilty to a charge of blackmail and was sentenced to a two-year community corrections order.