Allegations of blackmail as former mayor Robert William Bourke's trial gets under way

Former Bathurst mayor Robert William Bourke - better known as Bobby Bourke - is accused of sending an anonymous letter to then councillor Jacqui Rudge in 2020, with threats to publish information on her prior struggles with mental health if she did not resign.

Bourke, who has entered pleas of not guilty to the charges against him, denies any wrongdoing.

"He is innocent unless proven guilty beyond a reasonable doubt ... the accused does not need to prove innocence," judge Penny Musgrave told the Orange District Court.

On Monday the 12-person jury was empanelled, with seven women and five men. Opening arguments were conducted and testimony from former councillor Rudge began.

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The trial heard Ms Rudge was elected to Bathurst Regional Council in 2017 on Bourke's ticket. The duo had known each other for about four decades and were formerly neighbours.

On March 12, 2020 she allegedly received an anonymous letter in her home mailbox saying "we know you had mental health issues in the past" and urged her to stand down.

The prosecution argues its circumstantial case will demonstrate Ms Rudge's relationship with Bourke - and several other councillors - broke down due to a range of factors, including lack of support in his bid to be mayor, construction of a go-kart track on Mount Panorama, and removal of a shop sign.

"When she sought to exercise an independent mind it wasn't well received ... they expected her to fall into line," the Crown prosecutor said.

The Crown alleges Bourke worked with an acquaintance who wrote the letter. Bourke acknowledges he sought workers at an op shop he was manging to buy the envelope and write her address on it, but was unaware of its contents.

The letter was taken to police, where it was inexplicably destroyed. A fellow councillor allegedly also in conflict with Ms Rudge was a policeman on shift at the time it was delivered.

"You're not going to like this ... the envelope and letter had been shredded," a senior officer allegedly told Ms Rudge after looking into the incident about a month later.

Bourke's barrister Peter Skinner said three areas in the case are disputed: That Bourke was aware of the contents of the letter, that the contents of the letter constituted a threat, and that his actions were carried out in his capacity as mayor.

"What is at issue is my client's intent ... what was his knowledge? ... I ask you to just wait and see," he said.

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Testimony from Ms Rudge began about 3pm Monday.

She said her time on council was marred by intimidation from colleagues, and she had considered resigning on numerous occasions.

"The council was toxic and something needed to be done. It became more about council and councillors than getting on with the job," Ms Rudge said on an independent review.

After their working relationship broke down, she said Bourke frequently called her saying, "Other councillors wanted to get rid of me ... he'd brought me onto council and he had to get rid of me."

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She said receiving the letter has been distressing, but solidified her resolve to not quit: "I dug my heels in ... I decided I was going to take my power back ... I contacted a journalist and went public."

Bourke has pleaded not guilty to misconduct and an alternative charge of demanding with menace to influence a public official over the March, 2020 letter.

The trial is expected to take seven days. About a dozen witnesses will be called. Evidence will include audio, phone calls, documents, and a copy of the letter.

Proceedings will resume at Orange District Court on Tuesday, May 23 at 10am.

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