Tamak Vijay: Disgraced Belmont councillor keeps role despite being found guilty of indecently touching women

A disgraced driving assessor found guilty of indecently touching female clients will be able to keep his role as a Perth councillor because he did not go to jail. City of Belmont councillor Tamak Vijay was convicted of three counts of unlawful and indecent assault in Perth Magistrates Court on Monday and fined $2000 for each offence. On Monday, a City of Belmont spokesperson said the 38-year-old, who pleaded not guilty to the charges in April, would remain on the council. “As Cr Vijay did not receive a custodial sentence, our understanding of the Local Government Act 1995 is that in these circumstances the Act does not prevent him returning to council,” the spokesperson told The West. “We will be in contact with Cr Vijay to understand his intentions.” Vijay said he had “no intentions to resign from council” and maintained his innocence, despite Magistrate Andrew Matthews’ finding. The court was told that on three separate occasions, Vijay — who worked for the Department of Transport’s assessment centre in City West for about 18 months — touched his female clients’ thighs after asking them to pull over during their driving assessments. The three women testified that Vijay “touched” and “squeezed” their thighs, hands or shoulders. In a since deleted Facebook post, Vijay said he would maintain his innocence “until I die”. “I respect the magistrate’s decision, however, I will say ‘I have not touched anyone’ until I die,” he said in the post on Monday night. “The assessments were all audio and GPS recorded. “(The) magistrate believed their statements and not mine. “Let me make it clear, I have no intentions to resign from the council. “I will always do what I have loved doing and that is to work for the people around me.” A Department of Local Government, Sport and Cultural Industries spokesperson confirmed the department did not have the authority to terminate Mr Vijay’s role as councillor. “Whether he continues to sit as a councillor is a matter for Mr Vijay to decide, as he has not been convicted of a disqualifiable offence under section 2.22 of the Local Government Act 1995,” the spokesperson said. “A disqualifiable offence is defined as a serious local government offence or an offence where the penalty is more than five years imprisonment.” During the trial, fellow Belmont councillor Jenny Davis, who met Vijay through a Labor Party campaign about three years ago, testified that Vijay had a “very good reputation in the community” and was “always willing to help”. She said the allegations were “not at all” consistent with his personality and that she “felt sorry for him”. But Belmont Resident and Ratepayer Action Group president Lisa Holland told The West that she wanted Vijay to “resign right now”. “I’m glad that the conviction wasn’t spent because I think it’s important for women in the community to be able to feel safe,” she said. “He’s been found guilty and if he decided to stay on council, as far as I can see under the Local Government Act ... the minister can’t do anything, so we are stuck with him. “How he can face the community is beyond me.” Belmont mayor Robert Rossi said he “recommended” Vijay resign. “Under the Local Government Act, we understand that Cr Vijay is not prevented from returning to council,” he said. “However, I have encouraged Cr Vijay to carefully consider his position and what is in the best interests of the council and his community. “I have recommended that Cr Vijay resign from his role as councillor.” Local Government Minister Hannah Beazley said she “agreed with calls” for Vijay to step down from council. “Abhorrent and criminal behaviour has no place in our society,” she said. “As Minister for Local Government, I expect all elected officials to act with integrity and in the best interests of the community. “Being a local government councillor is a privilege and the community rightly expects its representatives to uphold the highest standards. “This person has breached the community’s trust, and I agree with calls for him to step down. “He should do what the community appropriately expects and resign.” Vijay, who is an apology from Tuesday night’s meeting, has been contacted for comment. Sexual Assault Resource Centre: 1800 199 888