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The Guardian - AU
The Guardian - AU
National
Eden Gillespie

The extraordinary case of the Queensland councillor seeking re-election while fighting a murder charge

Corflute signage is seen displayed for Ryan Bayldon-Lumsden's division 7 campaign. The sign features a photo of the candidate with the tagline 'New generation, new thinking'.
Incumbent division 7 councillor Ryan Bayldon-Lumsden is likely the only Australian to run for office while charged with murder. He is campaigning for re-election as a Gold Coast city councillor. Photograph: Supplied

Ryan Bayldon-Lumsden smiles and greets voters by name as they enter the pre-poll booth on the Gold Coast’s Runaway Bay. Locals are happy to see him – and he’s just as pleased.

Division 7 candidates know they have competition. Bayldon-Lumsden is well-liked and has name recognition from serving as a councillor for three years.

But this isn’t any ordinary council election. If you look closely, you’ll notice the shape of an ankle monitor bulging at the bottom of his jeans.

The 30-year-old is likely the only Australian to run for office while charged with murder.

As a group of voters walk into the polls, one of Bayldon-Lumsden’s opponents, Joe Wilkinson, calls out: “Make sure you vote for someone who can actually represent you.”

Bayldon-Lumsden has been suspended on a $160,000 salary since September, leaving his division without a vote on the council.

The former disability worker is accused of murdering his stepfather, 58-year-old Robert Malcolm Lumsden, at the family’s Arundel home on 23 August.

His lawyer has indicated he intends to plead not guilty to the charge. A court heard last year Bayldon-Lumsden told police his stepfather had controlled his finances, employment and relationships.

Taxpayers are currently funding the $120,000 salary of a councillor advisor while Bayldon-Lumsden is suspended on full pay. Her role is to hear constituents concerns and forward them to the council but she has no voting rights.

While acting as the local government minister, the now premier, Steven Miles, flagged that if Bayldon-Lumsden was re-elected the government would have to “revisit the suspension to extend it until such time as the court had delivered a verdict” – which could take months or years.

With an optional preferential voting system in place, Bayldon-Lumsden could win a seat on Queensland’s second-largest city council at the 16 March election with only about 25% of the vote.

But most voters Guardian Australia spoke to at the early voting centre were either unaware or unfazed by the cloud surrounding his campaign.

Aimee Teikake, who lives in division 7, said she plans to vote for Bayldon-Lumsden. “He hasn’t been found guilty. We like him and we’re still going to vote for him, [we’ll] see what happens,” she said.

Michael Nides also supported Bayldon-Lumsden. “He’s always been willing to listen. We seem to find stuff gets fixed, stuff gets taken seriously.”

Another sign of the suspended councillor’s popularity came when Warwick and Therese Caldwell, the parents of the Liberal National party MP for Fadden, Cameron Caldwell, were seen handing out his flyers.

But local Anna Balaras felt differently. “He’s a nice bloke, he’s done good things … but with the situation the way it is, I don’t think it’s a good idea … there’s too much uncertainty,” she said.

Bayldon-Lumsden announced he was running for council at a brief press conference in his lawyer’s office last year following months of speculation. But before journalists could ask any questions, he hurried off.

Since then he has given few interviews and has avoided candidate events. Until now, his campaign has been limited to waving at cars at the side of the road with his mother and sister.

Approached by Guardian Australia at the voting centre on Monday, Bayldon-Lumsden said he was not worried about the potential of suspension.

“If that was the case, I wouldn’t be here,” he said. “I think democracy should run its course.”

Bayldon-Lumsden said engaging with the community was his greatest focus.

“I’d love to keep delivering on all the great stuff I have been doing over the last few years … I want to keep the focus on division 7, footpaths, roads. Our parks, community events,” he said.

In an extraordinary move, the candidates for division 7 united to publish a joint statement last December raising concern about the possibility of Bayldon-Lumsden being re-elected.

Wilkinson said he believes the community deserves better.

“I believe our community deserves … someone who can get in and do the job without a doubt from day one,” he said.

Division 7 candidate Jenna Schroeder said there was no indication from any of Bayldon-Lumsden’s campaign material that he is currently suspended from his role as councillor.

“I’m truly disappointed that Ryan is … running in this election,” she told Guardian Australia.

“My concern now is the large number of residents who are going into this election without all of the information needed to make an informed decision.”

Another candidate for the division, Edward Sarroff, said it was “crazy” that Bayldon-Lumsden had opted to run.

“I think it’s a very dangerous situation,” he said. “Now the most important thing is numbering every box and putting Ryan last.”

In a Facebook post, state LNP MP Sam O’Connor, whose electorate of Bonney overlaps with much of division 7, agreed that re-electing Bayldon-Lumsden was “too much of a risk”.

“It will likely be some time, potentially years, until he has his day in court,” he wrote.

“[If he is re-elected] … our community will almost certainly keep missing out like we have for the last few months.”

A spokesperson from the department of local government said: “If Bayldon-Lumsden is re-elected the minister for local government, Meaghan Scanlon MP, will need to consider the public interest factors involved in this matter and decide whether to exercise intervention powers.

“The decision as to what happens after the election results are declared will be made at that time, and are also subject to the status of the court’s deliberations at that time.”

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