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Former Bathurst mayor's trial hears councillor targeted in alleged blackmail felt suicidal

Robert 'Bobby' Bourke is on trial at the Orange District Court. (ABC Central West: Hugh Hogan)

A New South Wales district court has heard the councillor at the centre of a blackmail trial said she could have killed herself the day she received an anonymous letter allegedly threatening to publicly reveal her battle with mental health if she did not resign.  

A former mayor of Bathurst, Robert 'Bobby' Bourke, is on trial at the Orange District Court charged with playing a role in the alleged blackmail of his then fellow councillor Jacqui Rudge in March 2020.

Mr Bourke has been charged with one count of misconduct in a public office and one count of blackmail with intent to influence public duty.

He has pleaded not guilty to both charges. 

Ms Rudge received an anonymous letter in the mail, which allegedly said that if she did not step down from her position at Bathurst Regional Council, her battles with mental health would be revealed.

On Tuesday, the court heard a recording of a conversation between Ms Rudge and an employee at the council-owned op shop that was run by Mr Bourke.

In the recording the employee, Christopher Hosa, told Ms Rudge that Mr Bourke had instructed him to write her name and address on an envelope. 

"I don't know what was in the letter, but it must have been pretty bad," Mr Hosa said.

Ms Rudge is then heard telling Mr Hosa: "To send a letter to an elected member like that is a very serious crime and he's made you the fall guy.

"I could have quite easily committed suicide that day."

Former Bathurst councillor Jacqui Rudge. (ABC News: Shaun Kingma)

The court had previously heard a Bathurst businessman by the name of Darryl Leahey had admitted to writing the letter but the crown alleges Mr Bourke facilitated its delivery.

On Monday, Ms Rudge told the court that the culture at the council in the months leading up to her receiving the letter was "toxic".

She said Mr Bourke swore at her over the phone and yelled at her outside council following two separate disagreements about council matters.

Court told of 'deteriorating' relationship

The council's general manager, David Sherley, was called as a witness on Tuesday and said the relationship between Ms Rudge and Mr Bourke deteriorated after the latter became mayor.

Mr Sherley said that in the shouting incident both Ms Rudge and Mr Bourke were "heated".

He spoke about referring the letter to the Independent Commission Against Corruption (ICAC) when he was notified about it by Ms Rudge's husband.

But, he said, the ICAC was happy for police to deal with it at the time.

Mr Sherley said he did speak to Mr Bourke about the letter, but that Mr Bourke denied knowing the contents of the letter .

"He consistently advised me he did not know the contents of the letter," Mr Sherley said.

"[Bourke] said he didn't write the letter and he didn't know the content."

The defence counsel has argued that it must be proven Mr Bourke knew the contents of the letter and that posting the letter would have to be linked to his position as mayor.

The trial continues.

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