Lisa Scaffidi's evidence at a State Administrative Tribunal into her travel rorts saga has been called into question by the State Solicitor's Office.
The globetrotting Perth Lord Mayor claimed on Tuesday she was unaware third parties had paid for dozens of her overseas junkets but SSO lawyer Carolyn Thatcher said her evidence "cannot be taken at face value".
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Lisa Scaffidi's statement outside State Administrative Tribunal
Perth Lord Mayor Lisa Scaffidi speaks to media as she leaves the SAT hearing on Tuesday.
The hearing into the alleged failure of the Lord Mayor to properly disclose gifts, travel and hospitality from various companies and conglomerates on 45 separate occasions also heard how Ms Scaffidi once requested a hotel be upgraded to five-star.
"Hope hotel five star - let them know, I don't stay in trash," she wrote.
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The embattled incumbent is also known to fly mostly business class on trips taken as Lord Mayor that are paid for by third parties or City of Perth ratepayers.
Ms Thatcher argued Ms Scaffidi's evidence was "unreliable" because on several occasions she had access to information that detailed how a third party was paying for her travel, including from email chains between the Lord Mayor and her own staff.
"We have a Lord Mayor that fills out a form without consulting sources, making enquiries or making referrals," Ms Thatcher said.
"There are sources available, there are prompts available and they are all simply ignored."
Claims by Ms Scaffidi that she thought the City of Perth was paying for these trips were "not credible".
"The evidence cannot be taken at face value ... either the fact of the belief, or the honesty of the belief," Ms Thatcher said.
On Tuesday Ms Scaffidi admitted to five breaches of the Local Government Act but is disputing 40 others, claiming she didn't know they were required to be disclosed, despite being Lord Mayor since 2007 and on the City of Perth council since 2000.
Ms Scaffidi conceded she wasn't "very careful" submitting her annual expense reports and was sometimes "too busy" to properly read emails, which detailed how third parties were paying for her travel and accommodation.
I don't stay in trash - Perth Lord Mayor Lisa Scaffidi.
The Department of Local Government wants the Lord Mayor suspended, with the most serious of the 45 allegations involving a now-infamous trip to the Beijing Olympics in 2008 with her husband Joe, paid for by BHP Billiton, which later had a $22,000 hiring fee waived by the City of Perth council three months after the invitation was sent to Ms Scaffidi.
Another serious breach involved the Lord Mayor accepting an undeclared gift of accommodation at an exclusive Broome resort, paid for by property developer Hawaiian Investments. Ms Scaffidi later voted to approve a $180,000 grant to a consortium that included Hawaiian Investments for a CBD feasibility study.
The allegations against Ms Scaffidi arose from a Department of Local Government inquiry released last May after similar damning findings in May 2015 by the Corruption and Crime Commission, which found the Lord Mayor had engaged in serious misconduct by accepting undeclared travel and gifts, including from companies and conglomerates with financial considerations before the council.
Ms Scaffidi took 65 international and 47 interstate trips from January 2008 and October 2015, but the department alleges 45 breaches of the Act during the 112 trips and recommended disciplinary action.
Its six-month inquiry found the 45 alleged breaches occurred on 33 of the 112 trips in relation to Ms Scaffidi's travel and acceptance of gifts, in the context of her obligations as Lord Mayor.
The SAT must now independently determine whether the 56-year-old committed any serious breaches after lengthy mediation between Ms Scaffidi and the department failed.
Ms Scaffidi's lawyer, Steven Penglis said the hearing was "not a case of intentional non-disclosure" and that the argument would focus on the legalities of the Local Government Act.
But then he asked the tribunal to not think of the legal minutiae when reviewing the Lord Mayor's case, but to "put themselves in the shoes of a Lord Mayor, doing what a Lord Mayor does".
He also argued the travel-related gifts did not benefit Ms Scaffidi, but rather the City of Perth as she was often attending in her official capacity as Lord Mayor, but Ms Thatcher retorted, "we say it's a gift to the Lord Mayor as she gets the benefit of the accommodation."
Since Ms Scaffidi's travel scandals became public in 2015, WA Premier Colin Barnett has repeatedly supported Ms Scaffidi in continuing to preside over the City of Perth, while Labor leader Mark McGowan has vowed on several occasions to sack her if he's elected premier in next month's state election.
The Lord Mayor denies any wrongdoing and has repeatedly refused to stand down, maintaining her failure to properly declare gifts and travel was due to the City of Perth's flawed guidelines and policies.
The SAT hearing wrapped up on Wednesday, with the tribunal deciding to reserve its decision.
WAtoday understands it can take up to three months to make a decision.
Ms Scaffidi told reporters she would not comment on the allegations until the process was complete.
"I am pleased I got a fair hearing today from the State Administrative Tribunal and we will wait on what is now a reserved decision," she said.
"There will be a decision and then we will go to a penalty hearing, so there's still some way to go before we have a final outcome."
After the department made its inquiry public in May, a WAtoday poll of almost 4000 readers showed 94 per cent thought Ms Scaffidi should resign.
TIMELINE: LISA SCAFFIDI - A LORD MAYOR UNDER FIRE
May 21, 2015
Australian Federal Police refer Perth mayor Lisa Scaffidi to the Corruption and Crime Commission after US investigators found BHP Billiton gave her flights and tickets to the 2008 Beijing Olympics worth up to $US36,000 as part of a wider probe into the firm's entertainment of foreign officials, for which it was later fined $32 million.
May 22
Scaffidi tries to take control of Kings Park, UWA, Crown Casino, the new Perth Stadium and Oxford Street in Leederville among other lucrative landmarks by incorporating them into redrawn City of Perth boundary maps. The grab for greater cash and control later fails when Colin Barnett abandons amalgamation plans.
October 6
CCC declares she failed in her duties by accepting a raft of undeclared gifts and trips
October 6
Claims she "would've disclosed my underwear" if she knew she had to in relation to the CCC findings, despite being on council for almost 10 years
October 7
Scaffidi pledges to release crucial documents in her defence but claims CCC Act prevents it. CCC then urges her to release them – she doesn't
October 11
Deputy Mayor Rob Butler found to have also taken undeclared trip, later dumped by voters
October 12
City of Perth ratepayers told they can't change postal votes in wake of Scaffidi misconduct
October 14
Dumped from Local Government Standards Panel, which hears misconduct complaints against councillors
October 16
Documents reveal she and council spend $1m hosting parties and guests at Council House
October 18
Narrowly avoids defeat in council elections.
November 20
Forced to accept greater transparency measures to help City of Perth Act pass in Parliament
November 30
Threatens to quit after Local Government Department launches its own review into her conduct
January 20, 2016
Councillors sack City of Perth CEO Gary Stevenson, who pushed for greater transparency from council
Late January
Imposes unofficial media ban on City of Perth council and staff in wake of CEO sacking
January 27
Subiaco Mayor says Scaffidi and council are too unstable to take on Subiaco residents
March 1
Admits there are even more undisclosed overseas trips she has taken that are being probed
March 3
Tells those worried about safety of Jacob's Ladder to "get a grip" and they deserve a "working over" for raising concerns about its future. It was closed indefinitely for urgent repairs soon after.
March 15
Attacks respected Nine News journalist Liam Bartlett on social media about his "botox" and "bad breath"
March 16
WA Premier says Scaffidi's reputation is damaged and calls for department to finalise investigation
May 11
Local Government report into Ms Scaffidi recommends she faces disciplinary action over 45 alleged breaches of the Local Government Act between 2008-2015, with the matter later referred to the State Administrative Tribunal over allegations of "serious breaches" in disclosing travel-related gifts and contributions
May 12
Deputy Lord Mayor James Limnios calls on Scaffidi to stand aside from her job, saying it had become untenable
June 2016
The Corruption and Crime Commission reveals it is investigating the City of Perth's abrupt, controversial sacking of CEO Gary Stevenson as well as non-disclosure of gifts and travel from other City of Perth councillors.
January 2017
A lengthy mediation process between the Department of Local Government and Ms Scaffidi fails, after the department pushed for the Lord Mayor to be suspended.
February 2017
The Lord Mayor fronts a State Administrative Tribunal, which will determine if she should be disciplined for the alleged 45 breaches.
- with ABC News Perth
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